The City of London's present Danger.
THere being so great a Murmur, and so much discourse, That the Charter of this City of London is to be made Forfeit, or else Surrendred by a Common-Councell, 'tis fit for every Member of the City to understand, that the meaning or intent of such a Forfeiture or Surrender, is to dissolve the Body Corporate or Politick of the City, to spoil it irrecoverably of all its Antient Government, Laws, Customs and Rights, which have been its Glory throughout Europe near two thousand years, to bring it into the same state with the Country Villages, only capable to be Created a new Body [...]ollitick, by the Crace and Favour of his Majesty, and to obtain such Priviledges as the Crown can grant, which are infinitely inferiour to the Customs, Franchises, Rights and Government it now holds, by the Laws and Statutes of the Kingdom.
If then there be any danger, either of a Forfeiture or Surrender of this City's Charter, every Member of it is concerned, not only in Interest, but in Duty, to contribute what assistance he can to preserve and secure it.
For that purpose every Citizen upon taken his Freedom is Sworn To maintain the Franchises and Customs of the CITY, and to keep the CITY harmless to his Power; and whatsoever Citizen shall openly attempt, or contrive the destruction of the Corporation, or any of its Franchises, Customs, or Priviledges, betrays the Community, and violates his said OATH, from which no Power on Earth can absolve.
The means at present projected for the forfeiture of the Charter, and the utter ruin of this Antient body Pollitick, is the prosecution of a Quo Warranto against it, assigning thereupon some ACTS of Common-Cauncel, made and intended for the Citys well-fare, whereby is pretended a forfeiture of all its Priviledges, Authorities and Wealth, and its very being. As if it were reasonable that a mistake in a Common-Councell in the extent of their Authority (if any such be) should bring so great a City, and all its Membes no way concerned in such mistake, to suffer such a hevy, dreadful and unheard of Judgment.
The mischievious and fatal Consequencies of any Dissolution of this antient Body Politick, are so many, that the wisest and ablest Lawyers cannot number them, nor foresee the evils that may attend it, some of the most visible, are these that follow, (viz.)
First, Whatsoever the City hath claimed and enjoyed in all Ages by Customs and Prescriptions, as their great Inheritance will be so extinguished, that they can never be again revived by any grant from the Crown, as
Tolls in their Market aed Fairs, for Goods not sold, payable by Freemen or Foreigners.
Water-baylage, and all Duties thereby growing.
Meetage, Weighage, Scavage, Hallage.
Such Customs likewise will be for ever Extinct, as are belonging to the 'everal Courts in London, and are different from the Common Law.
The Jurisdiction of the Ancient Court of Hustings will be lost in many things of great consequence (viz.)
In holding Pleas of Land.
In all real Actions whatsoever.
Bargains and Sales Inrolled, which have the force [...] Feme Coverts.
Inrolments of last Wills and Testaments, granting Repleoms, &c.
The Court of the Lord Mayor and Aldermen.
The whole Court of Orphans, and their Power and Jurisdictions about their Estates and Marriages, and all Authorities relating to Orphans, and their Protection and Punishing by Fines and Imprisonments, all Offenders, &c.
The Provision of Widdows and Orphans, by the Customs of which they are Judges.
Their Jurisdiction over all Companies, Fellowships and Brotherhoods, to make them all consistent each with other, and useful to the whole Body.
In the Mayors Court.
The whole Court of Equity and its Jurisdiction in all matters whatsoever, whereby such a multitude of meaner Traders, are speedily relived with small Expences.
All their Customary proceedings to Arrest without Warrants.
To Arrest upon Plaints entred for Debts without Summons.
All Attachments for speedy Recovery of Debts.
Actions upon Concescit solvere, without proving any consideration.
The Plea Cognovit scriptum sed Petit quod Inquiratur de Debito, and thereupon the Jury to find upon the Bond the just Debt and Interest, and no more, whereby the People enjoy the benefit of Law and Equity by the Jury at once.
The Custom which prevents Wager of Law, return of Juries by Inquests of the Ward.
Reading of Affidavits of Persons absent, as Evidence within a Trading City, is of great use.
Levetur, and all other Customary Proceedings.
All proceedings for Discharge or Relief of Aprentices, for immoderate Chastisement, and not Inrolling.
Punishments of Offenders for breach of By-Laws, by Actions or Informations.
Disfranchisement by Informations.
Informations for ascertaining the bounds of Wards, and many other customary proceedings there.
The Sheriffs Court.
The like JurisdiAion as in the Lord Mayors Court, as to Pleas, Arrests, Attachments, and many other proceedings, for speedy and easy Justice within the City, which hath advanced the Trade, Wealth and Growth of the same.
The Wardmote and their Jurisdictions.
The Court of the Chamberlain, for making Freemen, binding Apprentices, Correcting their Ossences, Turning them over, with many other useful Powers thereunto belonging.
The Court of Conservancy of the River of Thames and the Waters of Medway, hath many Antient Priviledges and Jurisdiction.
The Court of Conscience because to be held before Commoners to be apappointed by the present customary Court of Aldermen.
The Court of Pollicies of Insurance, though not held by custom, because the Commissioners thereof cannot act till Sworn, before the now customary Court of Aldermen, by 34. Eliz. Cap. 12.
There are also many Priviledges, Exemptions and Immunities, belonging to the Persons or Estates of Freemen, by the Custom of London, not enjoyed by Grant, nor to be restored to be restored by Charter.
That none but Freemen shall exercise any Trade in London, or keep any Shop to buy and sell.
This Priviledge may beckoned the general Estate of the Citizens, upon which they greatly depend; it is the fruit of their Freedoms, which they obtein by their Mony or their Service, or their Fathers Coppies.
'Tis this Custom that Refrains all that are not Free of the City from having [Page 3]Shops and Trading there, puts a value upon every Citizen, advances them in their Marriages, and induces many to give good Sums of Money with their Sons to be Apprentices, and the rather because many other Priviledges are by G [...]stom annexed to the Freedom, as
That a Freeman of London may use his Trade in any other part of England.
That a Freeman bound to one Trade, may set up any other & use the same.
The Custom of Feme sole Merchants, whereby the Industry of the Wise may provide for the whole Family, and with all so useful to support poor Widows and Orphans.
Every Shop in London is a Market Overt for the Trade of the Owner.
Creditors may Arrest before Day of Payment for better Security.
Citizens may devise in Mortmain.
Debts on simple Contracts amongst Citizens are equal to Obligations under Hand and Seal.
The Custom of an Infant being bound bound by his Covenants of Apprenticeship.
The Persons of Freemen are Exempted from all Tolls in any place in England.
From most Duties in London, which Forreigners are subject to, from serving on Juries out of London.
To be discharged of Wharfage, and many other Priviledges, all which must be lost for ever, though a new Charter should be obtained.
There are also other general Priviledges depend upon the Custom, not restorables by Charter; as, That
The Customes of this City shall be tryed in the Courts at Westminster, by Certificate of the Mayor and Aldermen, made by the Mouth of the Recorder.
Custom to punish Whores by the Civil Magistrate.
The Forfeitures to the City of Goods Forreign bought and Forreign sold.
The Customary Powers of the Common-Hall.
Entring into a House upon suspition of Bawdry.
To call a Woman Whore, Actionable The Offices of Chamberlain, Common Serjeant, and Common Cryer, as to the principal part of their Offices relating to the Orphans.
2ly. All the Authorities, Liberties, Immunities and Priviledges vested in the present Corporation, and their Successors, by several Acts of Parliament, are not transferrable to, or upon another Corporation, but by the same Authority, and will all be lost. Some of which follows: As,
37. Hen. 8.12. Gives the Mayor of this old and present Corporation of the City, Power to Determine Controversies of Tithes.
3. Jacob. 15. Lord Mayor and Aldermen are to appoint two Aldermen and twelve Commoners to be Commissioners for a Court of Conscience, for recovering of small Debts, as is before mentioned.
3. Jacob. 18. The Mayor Commonalty and Citizens, and their Successors, shall make have and maintain, a new Cut or Stream of Water, from Chadwel, Anwel, &c. to London.
22.23.25. Car. 2. The several Acts for Rebuilding of London, so much thereof not yet executed, as relates to the Mayor. &c. (viz.) Lord Mayor and Aldermen to determine Appeals concerning Maintainance-Money, Assessed in lieu of Tithes.
Power to value and sell unbuilt Grounds, to determine Controversies about Lights Ways and Party-Walls, to give satisfaction to Owners.
43. Eliz. 12. The Court of the Pollicies of Assurance, for the Reasons before-mentioned.
But above all, there can be no Revival of that Solemn Confirmation of the Liberties, Franchises, Free Customs, and Priviledges of the City of London, by MAGNA CARTA, which have been since renewed and confirmed thirty times in Parliament, many of which were accompanied with [Page 4]the Invocaion of Vengeance upon the Infringers of the same and their Posterity.
In Correcting Errors in the Sheriffs Courrs.
In passing Lands by Recoveries.
3dly. Many Priviledges held by Antieet Chartert of former Kings, if Lost or Surrendred, can never be restored by any new Charter from the Crown.
The Citizens by antient Charters are exempted from the Duty to the Crown of Prisage of Wines; but if the Corporation be dissolved, every Citizen is Dis-franchised, and thereby made lyable to pay it; and the like exemption cannot be regranted by the King, at least till the determination of a long Lease of the same duty in being, because his former grant will prevent it during the Term.
In like manner the Citizens of London are very anciently exempted from Tolls throughout England, aut if the Corporation be dissolved, the Crown is barred from regranting the like qy many Grants of the Tolls to others, from which no new exemption can be given.
Let such as read this small Collection consider, that the ancient and excellent Composition of Customs, Laws and Liberties in this City, made by the Wisdom, and approved by the Experience of so many Ages, confirmed by 23 Kings and 33 Parliaments, must for ever be broken to pieces, with the loss of its Charter.
And let them think, whether it be possible for any Man, or number of Men to foresee the Distraction, Dis-orders, and Mischiefs, that may be the Event of such a fatal stroak, to so great a Body Pollitick?
The Children unborn may groan under such Consequences of it, as are not now intended, nor can be imagined; who can tell when the Cryes of the Widdows and Orphans will cease? the supposed Provision made for Citizens Wives and Children is void and null, if the Corporation be dissolved.
No new Charter can give them any Right to their Customary Shares [...] Divisions of their Husbands and Fathers Estates, so much depended upon in Marriages.
The deluded Fathers must be vexed with new Cares, who have given great Portions with their Daughters to Citizens, upon consideration only of the City Custom, without taking Joyntures for them, or Prospect of any other Dower.
How great will be the Distraction and Confusion in and about the Courts of Justice, notwithstanding any Provision which can be made by my new Charter for other Courts.
All Causes and Actions depending in the present Courts, and the proceeding therein must cease, as if they had never been; and all Judgments obtained not executed, will be void and no Citizen will know where, or how to seek his former wanted Releif, either in Law or Equity.
All the Offices belonging to the City Courts of Justice must perish with the Courts; and all the Officers belonging to them, who have obtained their places by purchase, or otherwise; must seek out new ways for Themselves and Families.
The same sad Fate will attend all the Officers whose Offices depend upon the Government of the City or its Magistrates or its Revenue, and if any of them should hope by Grace and Favour to obtain some new Office a new Charter, they can never claim their old Customary Fees.
The present Orphans to whom the City owes their Portions must be turned to be going, or starving, or to live upon the future Charity of a new Corparation, when the Body Politick of the City shall be Dissolved, no Creditor can Implead it for any Debt, neither can any of its Debtors be Impleaded.
The Death of a Corporation reduceth it to nothing, and 'twill then be, as if it had never been in respect of Debts or Credits, their can be no Successor, Heir, or Executor to demand, or answer for the Body that was.
Therefore all the Goods and Chattels of the City must fall to the King, to be given and disposed of, as he pleaseth.
And all its Lands and real Estate in the Exchange, Guild Hall, &c. must of right revert unto the Heirs of the Donors if thern be any, or Eschear to the Crown for want of such Heirs.
But the Face of Confusion is so full of Horror, that 'twill appear after the Dissolution of this mighty Body by Forfeiture or Surrender of its Charter, that I tremble to look upon it a far off.
The Lord Ceok says, It would require a Vollumn of it self, to Treat of the great and notable Franchises, Liberties and Customs of this City, and no less a Volumn would be necessary to discribe the Dis-orders, Losses, Distractions, Mischiefs and Confusions, that must attend the Destruction and the Death of so great a Body Politick.
And the City of London by this means, which is now one of the Antientest City's in the whole World, will at the time of such Surrender be the youngest City and Corporation in England.