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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A80370 Considerations upon the Act of Parliament, for reversing the judgment in a quo warranto against the city of London, and for restoring the city of London to its ancient rights and privileges 1690 (1690) Wing C5922; ESTC R232047 18,419 15

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been the greatest and the plainest hardship in the World But now nothing of all this concerns those Aldermen that have been chosen or admitted since the avoidance of the Charter they have nothing of equity to plead for themselves neither can they complain of any hardship in being ejected or put upon a new choice in the vacant Wards neither have they any thing to plead for themselves but only a Possession which in its root according to this very Act is Arbitrary and Illegal and the Parliament not designing to confirm Arbitrary things for no reason but only where the things though defective in their Authority were materially just and where there would be cruelty and hardship in making them null and void it is manifest that they as they do not come within the letter of this Paragraph where the word Alderman is not so much as mentioned so neither have they any share or Portion in the true meaning and intention of it which was to shew mercy in some cases where equitable reasons did so plainly and so loudly require it not to confirm Illegal and Arbitrary things in all which would have been to confirm and justifie the Judgment given instead of disallowing or condemning it which was the first and greatest intention of this Act and bating the little underwood of equitable Provisoes is the main timber of which it is built and consists and if a possession should be pronounced firm for no other reason but because it was a possession without regard whether it were legal or no this would overthrow and confound all property in the World and make it impossible for any Man to be ejected out of an Arbitrary Possession otherwise than by Force of Arms which is not the legal way and which would introduce a State of War and Hostility in all times and places Fifthly Further yet all those above mentioned are City Officers properly so called that is they all Act by an Authority derived from the whole Corporation considered as one intire Body they are the constant Servants of the City belonging to the Lord Mayor and Sheriffs for the time being and it is of such only that this Paragraph speaks they are the very words And be it enacted by the Authority aforesaid that all Officers and Ministers of the said City that rightfully held c. now an Alderman though in a very large sense of that word he may be called an Officer yet is he not a City but a Ward Officer representing in the Court of Aldermen and acting in the behalf of that particular Ward for which he serves An Alderman is not properly an Alderman of the City or of the whole Corporation but he is Alderman of the Ward Foreman or Chair-man of the Wardmote in a particular District or Region of the City and from thence is sent as a Deputy or Delegate into that Superior Court at Guildhall and the Case is the same with the Common Council-Men they serve also such a number of them in the Common Council for every particular Ward and are not City but Ward Officers who all taken together in both these Courts make up a Court representative of the whole Corporation and do transact in their stead and on their behalf but taken singly they are no more City Officers then a Parliament Man is Knight or Burgess for the whole Nation but a Clerk of the Parliament and a Speaker of the Parliament are Servants to the whole Nation because they are Servants to the whole Representative Body and the difference between these things is still further clear by this that there are distinct Clauses in this Act of Parliament relating to the Restitution of the City Charter and the respective Charters and Franchises of particular Companies and there are also distinct Provisoes for confirming the legal and necessary Proceedings in the one and in the other which is as much as to say what is clear enough in it self that the whole and part are not the same and that one part is distinct from another that the Charter or the Officers of the City are distinct from those of the Companies of which it consists that the City Charter or Officer is not the Charter or Officer of a certain Company nor Vice versâ and the Charter or Officer of one Company is not the Charter or Officer of another and by the same way of reasoning a City Officer and a Ward Officer are distinct things a Ward Officer is not a City Officer nor a City Officer as such the Officer of a Ward or to reduce the whole matter into plainer terms that an Alderman is not an Officer of the City properly so called and by consequence doth not come within the meaning of this Clause Sixthly I have made this comparison between an Alderman and a Parliament Man the rather not only because it is very natural because of the Representation of a certain place or district and the Inhabitants thereunto belonging in both cases but because H. 3. in the 49th of whose Reign some of our greatest Antiquaries will needs have it that the House of Commons at least had its first beginning was also the First Founder of this Institution of Governing each Ward of the City of London by its respective Alderman thereunto belonging they are the words of Stow Survey of Lond. p. 696. 1. King John changed their Bayliffs into a Mayor and two Sheriffs to these H. 3. added Aldermen at the first eligible yearly but afterwards by King Edward III. made perpetual Magistrates and Justices of the Peace within their Wards though Mr. Cambden seems to be of another mind and tells us that the Wittena Gemot or Council of Wise Men among the Saxons was much the same with what we call a Parliament now-a-days and in this he is followed by the Lord Chief Baron Atkins in his Learned Discourse of the Antiquity of the House of Commons but however that be we do not only read that Hen. III. was the Person that set Aldermen over every Ward but in his time we find mention also of the Folkmtoe which was the same with our Present Common-Council who were used then upon Emergent occasions to meet at Paul's Cross See Holinsh in the Reign of Hen. III. p. 262 263 264. as they do now at Guildhall where sometimes the King himself sometimes his Chief Counsellors and Ministers of State and sometimes even Foreign Ambassadors and Foreign Kings too with the Prime of our Nobility and Clergy were present so great and venerable an Assembly was the Common Council of London reckoned in those days Seventhly If Common Council Men as Representatives of their respective Wards are not Officers within the meaning of this Provisoe then neither are Aldermen because they both represent and both of them represent the very same Persons and Places though the one do it in a Superior Orb and Station to the other and therefore this representation if it do not make an Officer within the meaning of