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THE COMPLAINTS of DUBLIN:
Humbly offered to His Excellency
WILLIAM,
Earl of HARRINGTON,
Lord Lieutenant General and General Governor of IRELAND.
By CHARLES LUCAS. i
In Behalf of Himfelf and the Reft of
the Citizens and Inhabitants of the faid City.
NitUi Vendemus, Nulli negabimus, ant defferemus Refium aut Judicium. Magna Charta.
Printed in the Year MDCCXLVH.
ftdff. tfHj.Lfi-,
To His EXCELLENCY
WILLIAM,
Earl of HARRINGTON.
May it pleafe Your Excellency,
AS it is fcarce poftible for Kings or their Repre- fentatives, or Minifters, in their High Stati- ons, to fee, diftinctly, the Actions, and Mo- tions, of every fubordinate Spring or Wheel, thac conftitutes the general Frame of Civil Government, tho' the firft Motion is derived from them •, I con- ceive, it becomes the indifpenfible Duty of every good Subject, or Well-wifher to the Eftablifhment, to in- form thofe, in whofe Power it is, to regulate the Mo- tions of the great Machine of State, of every Clog or Obftacle given the flightcfc or remoteft Movement of the whole Frame •, which, if not fet to Rights, mud, infallibly, fooner or later, reduce the whole Syftem to Confufion and final DifTolution.
Your Excellency may know, that Divines and Lawyers are, in one Inftance, agreed, in the Definiti- on of a Body politic •, which is faid to be a fictitious Body of Men, bearing clofe analogy to the Body na- tural. It confifts of an Head and Members, deftined to different Ufes and Purpofes ; with proper Rights and Liberties, as Ligaments to connect, and mutually, to fupport the Whole, and Li-ru;;, as the Son! or vi- vifying Spirit of the Conftitution.
No Scheme, of human Invention, ever formed fuch a Conftitution as Ours. Where Ar': is found moft to emulate Nature, there it is allowed to be ir trie high- ell Perfection. That Policy, then, that cements the
A 2 feveral
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feveral Members, of which Society confifts, moftclofe- ly together, and gives them the neareft Co- relation to, and the ltrongeft mutual Dependence on, each other, mud certainly constitute the firmed and beft Form of Government. And this is ours. The Head cannot fubfift without the Members, more than the Mem- bers without the Head. No Part can receive a Wound, or Injury, that does not affect the Whole ; and, as to keep the Body natural, in an healthful, vi- gorous State, it is neceffary to keep it in Temperance, and Chaftity, and to fupport every Member or Or- gan, in a full, free and perfect Exercife of its re- ipective Function, by a due, equal Diftribution of Blood and animal Spirits, to every Part •, fo in our Body Politic, to preferve the Common Weal, there muft be Frugality in the public ExperiCes, and ftrifb Virtue in the whole Oeconomy •, the Head and Members muft be kept within their proper Spheres, ftrictly, and in their feveral Stations, obliged to watch over, and regulate the Motions, and minifter to the Exigencies, of each other. In fhort, "to perfect good Oeconomy in the one, and good Government in the other, every Part of the Whole muft execute its Function regularly and freely •, having the general Good alone in View, without repining or murmur- ing, that one Part is deftined for higher and more ho- nourable Offices than the other.
The Head of our political Body, like that, of the natural, is appointed to prefide over the Members •, and is furnifhed with Means to prevent Injuries, and to redrefs Grievances, of Subjeils, as of the Lhnbs or Organs \ in Return for their Supplies, and Miniftry. In both, it is weak or wicked if it neglects it's Duty, after due Information. And this, in my Judgment, makes it the Duty of every Subject to inform the King or his Officers, of every Injury done to the meaneft Member of the Community, that Law and Jufticc may freely flow through, and be equally diftri-
buted
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buted to, all. On this the very Being of our Happy Conflitution depends.
Upon thefe Principles, My Lord, I proceed. I do not appear in Your Excellency's Prefence, to join with, or make a Part of, the fplendid Throng that pays the fame Court to your Power, that the Ju- dicious and Independent muft ever pay to Me- rit, in any Station. Such flocked, alike, about the worn: of your Predeceflbrs, as the beft •, and poured forth Torrents of fulfome Flattery, and flavifh, bane- ful Adulation, alike to both. For my Part, I fcorn and difdain the hateful Herd of Panders and Parifites, that infeft Courts, to poifon the Ears of Princes, in order to gain fome fordid, fclfifli Ends. Such Tem- porifers, like wicked Servants in a Family, feek but to gratify themfelves, at all Hazards to the State, falfely judging it will out-laft their Time. I hope there are, now, none fuch the Product of this IOe.
But I, My Lord, dread not, half fo much, the Diffolution of my own Frame, as I do that of the Conflitution of my Country •, which, I think, evident- ly appears to be in a declining State. Therefore, regardlefs of What 111 it may involve me in, as to mine own Perfon, I mail cafl my Mite into the Public Funds, by giving Your Excellency fuch Informa- tions, as, I think, muft conduce, if regarded, to the public Weal.
Two Motives have principally induced me, at this Time, to publifh the following Papers. They were wrote, fome Years fince,with Intent to be laid before the Government. Some politic Friends diffuaded me from the Undertaking, judging it but a vain Attempt, and putting me in mind of the ufual haplefs Fate of Reformers, which I had, in fome Degree, before, fuf- fered. I was the eafier wrought on, becaufc I well remembered how this poor Nation was often fcourged by the Tyrannical Adminiflration of fome Governors and Minifters, of mod infamous Memory •, fuch
were &ftafforo, SBctfechs Cffcr, HyuttxintlU A 3 and
f 6]
and others I could name. To fuch as laboured to inflavc the whole Nation, Applications for common Right or Liberty would be conftrued Treafon. But thank God, and the Fatherly Care of his prefent Majefty,. The Wounds given by thofe corrupt Minifters, have been, as far, as they were laid open, happily healed, by fome late Governors, whom to avoid the Imputa- tion of Flattery, I fhall not name. And I muft pre- fume, without intending a Complement, that Courage and Loyalty, Truth and Liberty, can never be Crimes under the Adminiftration of one, who has eminently diflinguifhed himfelf, in long, perilous and faithful Services to his Country, as well in the Coun- . cils, as the Field. If Valor, Probity and Wifdom, be, as is univerfally allowed ; effential Parts of Your Excellency's Character, from thefe, all that i$ defirable, common Juflice, a fpeedy Reftitution of ufurped Rights and Liberties, and a free and equal Diftribution of Laws, are to be hoped.
But, My Lord, I am not more folicitous for the Succefs of this Complaint, than for the acquitting mine own Confcience. Some Years ago, I dreaded nothing more, from the general Depravity, vifible to all that are not blinded with Offices or Profpecr. of Preferment, than, out-living the Conftitution of my Country. Now mine own is reduced, by a chronic, . hereditary Difeafe, to fuch Infirmity, that all that Anxiety is pretty much abated. But I mould not die in Peace, could I not fay to my felf, I have jinifhed my Courfe, I have fought a good Fight : I have left no . juft or rational Means untried, to reclame the Abufes that threaten the Ruin of my Country. Thus, there- fore, I throw the Burden off my felf ; and contenting me, with having done all the Good in my Power, I leave the Event to Your Excellency, or to Heaven.
The two great Bulwarks of our Conftitution, are Parliaments and Juries. Thefe are the Stamina Fit*?, the very EfTencc of our Policy ; the Darling
Birth-
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Birth-right, the diftinguilhing Privilege of Britijb Subjects •, in fhort, the two great Hinges, on which the whole weighty Frame of our Government hangs and turns. While thefe anfwer the wife and noble Ends of their Institution, we have nothing to fear from foreign or domeftic Enemies.
But, My Lord, if Parliaments mould ever be cramp- ed, or reftrained in their natural, and necefiary Free- dom and Power ; if they lhould be continued fo long, as to forget whence, and for what Purpofes, they derive their Authority •, if, inftead of receiving a Compenfation, from their Conftituents, for Attendance and Services, they mould bribe, or otherwife un- juftly influence their Voices in Elections \ if they, then, mould forget ordifregard the fundamental Laws of the Inftitution, and fo diffolve the original Compact, implied, between the Reprefentative and the Repre- fented, by the very Act of Deputation, or Election ; by acting in Oppofition to, or regardlefs of, the Will and true Intereft of the People •, if Electors lhould become, and publicly declare themfelves, Venal •, and the Reprefentatives mould follow the Example of their Conftituents, — in Iniquity, if Laws mould be made to gratify and aggrandife the Rich, and to opprefs or reftrain the Poor ; if Votes lhould be palled to obftruct- or reftrain the Execution of Common, or Statute Laws * if Parliaments lhould forget, or become ignorant of, the fundamental Laws of Society, which are the Bafis of their Being ; and thinking themfelves circumfcribed by no- thing but their own abfolute Wills, lhould extend Privi- lege to the fcreening wicked Men from Law and Juf- tice, and fo lord it over the People, with an imperial Sway i at the fame time tamely fuffering the Nation to be ruled by Laws, to which they never did, nor could have, aflented ; the Source of the enlivening Spirit of the Civil Conftitution muft be poifoned, the State muft become diftempered, and Ruin and DilTo- lution, if not timely remedied, muft inevitably fol- low. From thefe dreadful Evils, the Wifdom, the Freedom, the Juftice and Loyalty of the pre-
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fent Legislature muft, certainly, fecure us. We have, I hope, nothing to fear, from that Quarter. Yet, My LoRD,ashumanNarure is frail,and the Mind of Man moft variable •, a King, juftjy tenacious of the Prerogative, granted him for the Good of his Subjects, as well, as his own Security and Plonor, and a People zealous for preferving their natural Rights and Liberties, mud ever be watchful, iff not look on thefe their Delegates, with a jealous Eye.
Then, My Lord, let our whole legislative Body be ever fo wife, fo juft, fo careful, it will anfwer little or no Purpofe, if Juries, the general constitu- tional Judges of Right and Property, and in fome Cafes, of haw, may not fully and freely excrcife their Function. If ever the King's Judges prefume, to de- termine Caufes, v/ithout Juries, or, which is the fame thing, intimidate, or otherwife influence, Juries, to echo their Lordfhip\s Dictates, as Verdicts : or by any Means, or on any Pretence, deny the Benefit of the Laws, in not admitting the aggrieved to a Trial of Matters of Property and Right, by a free Jury of their Peers ; we muft be reduced to the worft State of Slavery. All that is dear to Us muft become dependent on the Will of a Minijler, — or of the Judges.
You r Exc ellency muft obferve, how one ir- regular Motion, in any of the Wheels, or Movements of the great Machine of Government, puts the whole into Diforder and Confufion. The particular In- ftances of fuch Cafes, muft be often too remote, to be feen, or immediately perceived, in your high Station. And fince, I muft prefume, it is Your Excel- lency's full Intention, to promote the true and infeparable Intereft of His Majesty and his Sub- jects, it can not be ungrateful to receive Informa- tions, or Hints conducive to the common Good, even from one of the meaneft of the People. This, My Lord, by God's good Providence, am I : Yet I take the Liberty, of offering myfelf a candidate for a new,
and
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and the higheft Employment, at Court, tho* one, for which I do not fear many Competitors •, Truth- Bearer to the Kino. Let me fucceed but in one Jnftance, if you Will. At prefent, 1 fhall only beg Leave to lay the Griez'p.nces of Dublin, before Your Excellency •, particularly, with Regard to the Commons and Citizens being ftripped of their beft Rights, and their being uCnt'fl) the Benefit of trying a Matter of Property of the laft Confequence to the whole City, by a Jury.
Permit then, My Lord, the Complaints of an oppreffed Freeman to come before you ; in Behalf of himfelf and the reft of the injured, the fpoiled Citi- zens of this great and populous Metropolis-, and al- low me to me w Your Excellency, how a fmall Faction has wrefted from us the Rights and Privileges naturally and legally inherent to cur Conftitution, and how they are countenanced in their Ufurpation, by Men in Power.
It may feem irregular to make this direct, perfonal Applicaton to Your Excellency for the Recovery of Matters of Property or common kight, while the Courts of Law feem open. To them, My Lord, my Fellow-Citizens and I have had Recourfe. Had we been but heard, there would have been no Occafion for giving Your Excellency this Trouble. But, My Lord, we were not heard. We were denied, in a Court of Juftice, a Matter of greater Confequence, than even what we fued for ; that molt invaluable, that diftin- guifhing Privilege of British Subjects ; a Trial by a Jury. So that our Grievances, inftead of being leflined or alleviated, by our Suit at Law, were in- creafed and aggravated. This it is, which has obliged me to lay the Cafe before Your Excellency, pcr- fuaded you will not think our Complaints unworthy of the Care and Confideration of the wifeft and beft of Governors.
Xhus
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- Thus afiured of Your Excellency's Ear, and fully confiding in your Protection of the meaneft and weakeit Advocate for Truth and Liberty, I venture to proceed.
The adjoining Affidavits, No. I. & II. are the legal Grounds of our Suit; and thefe, No. III. IV, & V. the Defence of our Antagonifls. To thefe I have annexed all the Papers relating to the Points in Dif- pute, nearly in the Order of Time, in which they were feverally publifhed, with intent, to give Your Excellency a full and diftind View of the whole Matter in Conteft.
I. The fir ft is a Remonstrance againji certain Infringements^/^ Rights and Liberties of the Commons and Citizens of DUBLIN, in which is briefly pointed out, the Charter Constitution of the City, and the common Rights and Privileges of the People.
II. The fecond is an Apology for the Civil Rights and Liberties of the Commons and Citizens of Dublin ; which contains a fuccincl: Hiftory of the Foundation and Conftitution of this City ; it's illegal Sufferings, as well by the HfUtpatfotl or Frauds of
..its Magiftrates and Officers, as by the %ntXQ&ti)tncnti and ^Dppreffton of evil and corrupt (Brjijetnor* $ And their legal Grievances, contrived and impofed by a tetcfeed $!HttfftW9 for the Introduction of J^opetp and jfoutttatr ^Otoet- Together with fome Re- marks on the State of the Difpute lately raifed be- tween the Commons and the Aldermen, and fome Animadverfions on the Opinion of the Recorder.
III. The Third, are Proceedings of the Sherifs and Commons in Common-Council ; containing Reports of Committees, and feveral Original Records^ and other Papers, relating to the Conteft, between the Commons and the Aldermen.
IV. The
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IV. The fourth is a Message from the Sherifs and Commons, to the Lord Mayor and Aldermen ; afferting the Rights of the Commons in the Election of Aldermen -, protefting againft the Election of George Ribton, and propofing an amicable Method of com* pofing the fubfifting Differences.
Thefe proving ineffectual, the Commons, to dif- charge the Truft repofed in them, judged it neceflary to have Recourfe to Law -, and, to that End, ap- pointed Trufiees, or a Committee, for profecuting the Suit ; which Committee publifhed and difperfed a few Copies of,
V. The fifth Paper •, a Brief State of the Case of the Commons and Citizens of Dublin, This brought in a fmall Sum of Money, by volun- tary Contribution, to fupport the Suit, which wat commenced by the Affidavits No. I. II.
I am not converfant enough in Law^Terms, nor in the Forms or Language of Courts of Judicature, to lay before Your Excellency a regular, formal Nar-" rative of the Proceedings in Court. But as I attend-* ed clofely, and took Minutes of all that was offered, for and againft the Motion, I may venture to fay, \ can lay before you the Subftance of the Arguments on both Sides of the Queftion, in artlefs Truth and unpollifhed Simplicity.
Our Lawyers moved for an Information in the Nature of a Quo Warranto, againft George Ribtoni chofen by the Aldermen, regardlefs of the Re' monfirances and Protejis of the Sherifs and Com-' mons ; for affuming and exercifing the Office of art Alderman of this City. And thereupon a Rule was obtained, To grant an Information, unlefs Caufe, the Second of the following Term. Thus the Reverend Judges bound themfelves down, by a moft juft and equitable Rule, which, with due Deference to their Judgment, Ihould be as invariable.
The
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The Day of Hearing being come, the Judges took their Places, and the Worfhipful the Aldermen joined them, on the Bench. The Defendant was now to Jhew Caufe why an Information Jhould not be granted againfi him. For which Purpofe he produced the Affidavits, No. iii. iv. and v. annexed ; and his learned Lawyers pleaded for him, and his Brethren to the Effect following :
4 That the Aldermen were Men of the greateft
* Wifdom and Honour •, had ruled the City to the Sa-
* tisfaction of the Government, for many Years ;
* were deemed honeft, in the worft of Times. That ' the utmoft Truft and Confidence were repofed in *• them, by the Crown and the Legiflature. That ' they compofed a Court of Judicature, where Caufes ' civil and criminal were tried ; that they were made 1 the fole Electors of the chief Magiftrate, and of
* other important Officers in the City. That they
* were long pofieffed of, and conftantly exercifed,
* the Power of electing Aldermen, which appeared
* by their Journal, called the Monday-Book -, that it
* was to the Advantage of the Public, that the Elec-
* tion was vefted in them alone. That, on the con-
* trary, the Commons were a factious Set of Men, a
* turbulent and unruly Multitude, who in this Dif- ' pute proceeded upon that dangerous Maxim, Fiat ' Jujiitia ruat Mundus. — That if they fhould fucceed,
* in their mod exorbitant Demands, of fetting afidethe
* Election of this Alderman, they might, by the fame c Method, fet afide that of every other Alderman at « the Board : For if the Defendant was not an Al-
* derman, there was no Alderman in the City •, and
* if no Alderman, no Lord Mayor, no Sherif, no
* Juftice of Peace, no Common Council, for many
* Years paft. That therefore every Judgment given
* by the Aldermen, in civil Matters, was down-right
* Robbery •, and every Sentence, paffed on capital
* Criminals, Murder ; in fhort, that the whole Cor-
1 poral
[ '3 1
* poration of the City muit be diffblved. That thiy
* would encourage other Corporations to iue for Re- ' drefsofthe like Grievances, fince it is notorious,- ' that few or none of them are kept up, at this Day, to
* the primitive Inflitution. In fine, that it lay ab- ' fclutely at the Will and Difcretion of the Judges, ■ whether an Information mould be granted or not ; ' and that if the Commons mould prevail, as they ' poflibly might, mould the Motion be allowed, the
* granting it, might be attended with the mod dan- ' gerous Confequences.' The Method of fuingwas alfo objected to ; it wasfaid, * That Quo Warranto 's hav- 6 ing been often abufed, by Tyrannical Princes, for 4 the Subverfion of Corporations, were become the
* Deteftation of all good Subjects. '
Our Lawyers moved for the reading the Charter of Charles the Firft, which was done accordingly ; and the Paragraph quoted in the Remonjlrance, p. 15. in the Apology, p. 34. and in the Report of the Commons, p. 21, was urged to prove the Oricinal Right of the Corporation at large, to chufe Aldermen ; as the Affidavits No. i. ii. were, to prove, that that Right was poffefled and exercifed by the Citizens, or their Reprefentatives, till about the Year 1714. It was argued, * That the Merits of the Caufe were not to be
* brought before the Court, at this Time. — That what
* lay before the Judges, was only to determine, whether
* or no, there were fufficient Grounds for admitting
* the Plaintiffs to a Trial. That as they fued for a 1 Matter of Property or Right, it could not be other- 1 wife tried than by a Jury. — That a Point, of fuch great
* Importance, could not to be finally determined by
* Judges, on a mere Motion ; fince fuch a determina- ' tion wou'd be attended with this, among other evil
* Confequences, that it would debar the Plaintiffs
* from the Benefit of an Appeal, an effential Prisui-
* lege of the Subject, which the Verdicl of a Jury-
* could not exclude them, That it did not fo pro-
* pftly
[Hi
« perfy lye before the Bench, at this Time, to enquire,
* whether the Commons were in the Right or not, as
* whether they had any juft Grounds for a Doubt, — ' bare Sufpicion of a Right — That, if there were fuch, •• which the Defendant could not deny, it was Matter *■ of Law to determine, how far, and what Length
* of, Ufage could take away a positive original ' Right ; which was a Point that could only be
* fpoke to, when the Information fhould be granted.
* It was confefTed, that there was a difcretionary c Power in the Judges, to grant or refufe an Infor-
* mation ; But infilled, that their Difcretion and ' Power was bound and circumfcribed by the unerring
* Rules ofjufticeand of Law alone, in this, as well as
* in all other Cafes -, Our Conflitution not allowing any
* of its Minifters to be abfolute, or arbitrary, but
* keeping all, even the Supreme Magistrate, un-
* der the directive, if not the coercive Power of the « Laws.* Here the Court interrupted the Lawyers, with telling themjthe Hazard, Inexpediency and Jncon- veniency of granting an Information. — The Lawyers reafuming themfelves, in proceeding, replied, c That ' no political Regard to the Confequences fhould fway ' the Court, in doing Juftice and Law ; that granting
* the Motion, was no more. — That the Rights and *• Privileges of the Subjects muff, be upon a matt, pre*
* carious Footing, if the Judgment of a Court of
* Juftice was to be directed by Matter of Expediency,
* fince the Tranfition was fo very eafy, from fix* 1 pedience to Convenience, from Convenience to In> 6 clination. — As for the Method by j^uo Warranto*
* it was argued, to be the only effectual, definitive ' Method of trying the Points in Conteft. Which was
* another powerful Reafon, why the Information fhould
5 not be refufed. That tho' ^uo Warrantors were
* fometimes abufed, to the DifTolution of Bodies Gar-
* porate, by tyrannical Princes, there was no Reafon « to apprehend any Abufe of fuch Procejfes, at this
6 Time, under a Prince and Minijlry, who have ever
* fquared their Actions by the Laws. And if the
4 City
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* City had Forfeited their Charters, by the Abufes of « the Magistrates ; as the Defendants feemed to con-
* fefs, it was high Time to put a Stop to fuch Abu-
* fes, and reftore all to Harmony and Rights, by due ' Courfe of Law ; The Extent of which could never c be exerted with greater Safety to the People, than ' under the prefent Government. — Upon the Whole,
* that the Affidavits of the Plaintiffs proved in gene-
* ral, an original inherent Right, in the Citi-
* zens or Corporation at large, to chufe Aldermen. — c that the particular Inftances of electing were to be ' proved, when they mould be admitted to a legal
* Trial. — that then the Records of the City muft be 6 produced, when it would appear, that the Monday 1 Book, in which the only Entry of the Election
* of Ribton was made, was not a Record, nor
* could any Entry therein bind the Commons \
* as it was kept, -privately, by the Aldermen only. *
* That the Affidavits of the Defendant, did not, in ' Fact, contradict thefe of the Plaintiffs, nor was ' there any Caufe fhewn, to induce the Court to re-
* cede from the Rule made laft Term, to grant an
* Information, To bring to a legal IfTue a Matter
* which not only raifed Doubts and DifTatisfactions,
* but Difcord, Tumult, Difquiet, and almoft a total
* Obftruction to the publick Bufinefs of the City, as
* appeared by the Affidavits.
The Court confefTed an Original inherent Right of electing Aldermen, in the Corporation at large ; and that fo plainly and evidently proved, that had an Information been fued for, upon the fame- Grounds, and in the like Cafe, by any inferior Corpo- ration in the Kingdom, it would admit of no Doubt, no Hejitation in the granting. Nay, further, that if the King's Attorney General, moved for this Infor- mation, in the Quality of his Office, the Court could not refufe him. But, as it was prefumed, that that Gen-
* Apology, p, 39.
tleman
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tleman appeared in his -private ■, not public Capacity y the Judges could not admit a matter offo great Con- fluence, as the very Being of the Corporation of the City of Dublin, to be put to the Hazard of a Trial.
> However, fome Days were taken to give a po-
fitive Sentence. Then the Information was abfolutely refufed. Thus the Subjects in general, are de- nied and debarred the moft inestimable of their Pri-. yileges, a Trial of Matter of Right and Property, by a Jury of their Peers. The Commons and Citi- zens of Dublin, in particular, were denied the only, effectual, judicial Means of determining a Conteft of the utmoft Confequence, to the whole City, I might* in truth, have laid, Kingdom ; with this wretched Aggravation, that it was done by a Judgment from which they have no Appeal.
• Your Excellency knows, that the Law is both the Meafure and Bond, of the Duty and Allegiance of the Subject. And fure, My Lord, whoever de- prives the Subject of the Benefit of the Laws of his Country, does, as much as in him lies, difiblve the belt Security of both King and People. Does not the King fwear to the People, before he is intruded with the Government, that he will obferve, and caufe a r.L the Laws to be kept ? Are not his Judges and other Ministers intrufted with the Cuftody of this Oath ? And do not the Judges fwear, that they will do equal Law, and Right, to all the King's Sub- jects, as well to poor, as rich ; and not delay any JPerfon of common Right, for the Letters of the King, or of any other Perfon, or for any other Caufe : But if any fuch Letter, fhould come to them, they fh all proceed to do the Law, the faid Letters notwithfland- ing? Were thefe Oaths, My Lord, duly obferved, or kept in the foregoing Cafe ? I afk with due Reve- rence to my Lords the Judges, and fubmit it to Your Excellency's Judgment.
When
1 17]
When it was conceded by Magna Charta, that no Subjecl Jhould fuffer in his Liberty or Property , but according to the Laws, and by the lawful Judgment of his Equals ; It was next wifely and juftly pro- vided, That the Adminiflration of Right or Jujltcet fhould neither be sold, denied, or delayed to any. Thefe, My Lord, are the peculiar, the diftinguifh- ing Privileges of Britijh Subjects, thofe on which the very Effence of our glorious Conftitution depends. Whether we are allowed the Benefits of thefe Fun- damental Laws, in this Inftance, and whether a good Subject can tacitly bear fo fatal an Incroachment on his Birth-Right, I fubmit to Your Excellen- cy's Judgment. with all due Reverence to my
Lords the Judges.
If an Alien among us, conceives he has a Tide to any thing, he has by our Conftitution, an unqueftion- able Right to try his Property, according to Laws. Sure, My Lord, a free Subjecl, nay, a moft con- fiderable Body of Free-men, are not to be fuppofed on a worfe Footing ! If Judges may, at their Plea- fure, obftruct legal Trials, we may no longer be cal- led a Free People •, Our Government ca« no longer be deemed legal, it becomes abfolute and imperial ; our Property and Rights are moft precarious •, for political Expediency or private Intereft, may often, if not eternally, prove a Bar to Juftice — with moft humble Deference to my Lords the Judges.
Men who have the Deft Laws for their common Security and good Government, and are, by thefe who have the Cuftody, and the executive Power of thefe Laws, refufed the common Benefits thereof ; are reduced to a worfe Condition than Barbarians, left in a rude State of Nature. There lawlefs, immo- ral Force is, not only allowable, but often, luccefs- fully ufed, to eftablifh Rights and to obtain Freedom and Juftice. But here, due Subjection to Laws for- bids all Tendency to Violence ; let the Confcquence be what it may ! What dreadful Pangs then, muft
B every
[ i8]
every Man of the leaft Senfe of Freedom feel, in be- ing thus refufed the common Ufe and Benefit of the Laws of his Country? — Prefidents, My Lord, are powerful Things in Courts of Judicature. — I may venture to fay, if this be eftablifhed, that a few Re- petitions of it, cannot fail, in Time, of giving a fatal Shock to the whole Conftitution, — with all due Reverence and moft humble Submifiion to my Lords the Judges.
No Badge of the Norman Conqueft has been look- ed at, with fo jealous an Eye, by the free Britijh .Spirit, as the Inftitution of Judges. As Creatures of Prerogative, and for the mod Part, dependant, they have generally been obferved to pay more Regard to the Principtm Placita, than to the Plebifcita •, to ex- tend the one, and to abridge or curtail the other ; and that by the moft unjuft and illicit Methods. I fpeak this with the utmoft Refpect and Reverence due to our Judges.
There never was a Tyranny, of any Kind, fet up in thefe Kingdoms, that was not, in fome Sort, counte- nanced, if not abetted by the Judges. Of this many remarkable Inftances, if necefTary, might be given. I fhall offer but a few.
Let me begin with that which laid the Foundation for the heavieft Oppreflion this Nation ever knew, fince Our King firft became King of Britain, the fubjecting one free Kingdom to another, one Parlia- ment to another •, againft the common, natural Rights ' of Man : againft the Laws of Nature and Nations : a- gainft the Confent of the People and their Reprefenta- tives, which alone can give Force to a Law : Againft the Common and Statute- Laws of both Kingdoms : Againft feveral Charters of Liberties and Immunities granted to this Kingdom : inconfiftent with the Roy- alties of a Kingdom, and the Prerogative of the Crown : Againft the Refolution of feveral uninfluen- ced Judges ; and contrary to the Practice of all for- mer Ages : Subverfive of Liberty and Property :
Introdudtive
[ 19]
IntroducYitfe of Variety of Inconveniences and the utmoft Confufion : And as diametrically oppofite to the true Intereft of the King and People of both Realms, as to Reafon and Equity •, as has been irre- fragably proved by a late truly loyal Patriot of our Country. I wifh all this was not to be laid at the Door of that great, and in Law, canonifed, Judge, Lord Coke ; who is, in many Inftances, in his private and public Character, inconfiftent with himfelf, as well as with Truth and Reafon, particularly upon this Head •, but at lad agrees with his worthy Predeceflbr the Chief Juftice Hujfey, in a pofitive AlTertion that Ireland is fubjecl: to the Laws made in Eng- land, againft the Confent of the People or Parliament of the Kingdom. But none gave a greater Proof of the Frailty of Man, than Coke. He was at once the mod learned, the moft eminent Lawyer, the moft pow- erful Judge, the moll fuple, pliant, temporihng, corrupt Courtier.
You p. Excellency can be no Stranger to the earlier wicked Attempts of the Englijh Judges, to deftroy the Britijh Parliament ', and make King Ri- chard the Second an abfolute Monarch ; for which, as Coon as the Convulfions given the State were al- lay'd, the Chief Juftice was hanged, and the reft ba~ nijhed to Ireland ; where, with humble Submifiion to our Lords the Judges, it is fufpected, they propa- gated.
Your Excellency knows, that the Judges in Charles the Firft's unhappy Reign, and in the late King James's Time, took the like Meafjres ; that the hijh Judges in the Reign of Queen Anne, by I alfhood and Corruption, endeavoured to fubvert the Ccnititution of this City, to gratify a moft wicked and abominable Miniftry. For which nefarious Crimes, they were all ftiginatifed by Parliament. Nor can I fuppofe Your Excellency could have over-looked in Hiftory, the many remarkable Inftances of Bribery, Corruption and Perjury, proved on the Englijh
B 2 Judges.
[ *>]
Judges. It is well known, that the Chief Jujiice of the Court of Common Pleas, in the Reign of Edward the Firft, was banijhed for Bribery, the Chief Jujiice of the King's Bench, to Edward the Third, was hanged, for the like Offence. The Reafon for this, more rigorous, Sentence, ftands on the Rolls, in thefe Words; Quia prcedictus Wilhelmus Thorpe qui Sa- cr amentum Domini Regis, erga Populum fuum, habuit ad cuftodiendum, fregit maliciofe, falfe £s? rebelliter, quantum in ipfofuit, &c. This corrupt Judge, how- ever, did not take thefe Bribes, in any Caufe, where Matters of Property between ordinary Suitors were depending ; but merely for delaying the Execution of public Juftice, in olit-lawing certain Offenders. If this, then, be fo heinous a Crime in Thorpe, what can be thought of fuch Judges, as regardlefs of their Oath, and the King's, not delay, but pofitively deny, the Subj eels Right, and Juftice, and the common Benefits of the Laws ; in not admitting them to try their Property, by due Courfe of Law, the Verdict of their Peers ? I hope fuch Judges will never be found in our Land !
But of all the Crimes chargeable on the Judges, m any Age, (and how many I omit, in thefe, as well as former times Your Excel lency well knows J there are none more remarkable, nor more to my Purpofe, than that of their implacable Averfion to Juries. "Whether it is, that they look on thefe an- tient popular Judges, with an evil Eye, becaufe they are, in fact, their Superiors, I cannot fay ; but it is evident, that the King's Judges, or Juftices, have con- ftantly endeavoured to eclipfe, fometimes to fub vert, and often fined, imprifoned, or otherwife abufed the popular Judges, efpecially when they did not bring in agreeable Verdicts : Tho' the Juftices have rarely, if ever, efcaped public Cenfure for fo doing, or for prefuming to determine Matters of Property or Right, without the Aftiftance or Sanction of Juries.
The*
[21 ]
The great King Alfred caufed Forty-four Jujlices to be hanged, in one Year ; as Murderers, for falfe Judgments. Their particular Crimes are recited in an antient Law Book, called the Mirour of Jujiices, and appear moftly to be, in one Kind or other, Infringe- ments, Violations or Incroachments of, or upon, the Powers, Rights or Privileges of Juries.
LATIMER, a pious Prelate and Martyr for the Liberty of Chriftianity and his Country, in his third Sermon preached before King Edward the Vlth of happy Memory, requires him in GOD's Behalf not to put Men to the hearing of thefe Velvet- Coats, thefe Upfkips, the Judges, on whom he makes fo pofitive a Charge of "Partiality and Corruption, that he pro- nounces, Hell will be full of thefe Judges, if they re- pent not and amend ; and (6 conjures the good young King, to hear poor Men's Suits him f elf.
There are many Refolutions and Orders of the Houfe of Commons of England, declaring the Illega- lity of reftraining Juries in, or punifhing them for, their Verdict, and cenfuring Judges for fo doing.
Thefe Inftances, My Lord, I hope, are fufficient to fhew, what Wounds the Conftitution has heretofore received, what it is flill to fear from the Arkitrary Judgments of Jujiices ; and how necerTary it is, for a good Governor, to hold a watchful Eye on the Con- duct of thefe Minifters. I fpeak with all due Refpect and Reverence to the Judgment of my Lords the Judges ; yet am perfuaded, the Cafe I have inftanced will prove fufficient Grounds for our Complaining, and for Hopes that Your Excellency will judge the ttnparallelled Dijlrejjes of the Commons and Citizens of this antient and moft loyal City, in particular, as well as the evil Tendency of thefe Jummary Proceed- ings of the Judges, to the general State, well worth your Confideration •, that you will, therefore, look into thefe Papers, which I flatter myfelf, will lay the Merits of the Cafe fo clearly before Your Excel- |{E.ncy, that you cannot forbear interefting yourfelf
B 2 in
t « ]
in our Complaints ; whereby we mall be admitted to a full, fair, legal Trial of our Property, by a Jury, or obtain a full PARLIAMENTARY ENQUIRY
into the political State of the City, either of which mud fully anfwer our Expectations .
I fliall now, My Lord, only further trouble Your Excellency with expoling one of the many artful Infinuationsof our Antagonifts, as that which they now put in the Mouth of every Advocate for them, and which is become almoft universally pre- valent.
They fay, That all thofe who oppofe the reigning Faction in the City, are Tories and Jacobites. That we have raifed all this Clamour, to difiurb the Go- vernment, and the Peace of the City, to favour foreign Enemies, who threaten our National Peace and Safe- ty ; concluding, that had we a real Right, this is not a fit time for raifing Contefls or Difputes, among Pro- tectants, and Fellow ^-Citizens *.
Whether fuing, in a legal Manner, for antient P,ritijh Liberties and Rights, purchafed by the Blood and Treafure of our free, brave Anceflors, Savors, or not, of Tory or Jacobite Principles, I humbly fubmit to Your Excellency's unprejudiced Judg- ment. They tjiat thus, as artfully, as falfely, afp°rfe us, know, that all who, in any manner, appeared in this Caufe, are Proteftant Freemen, moftly of the eftablifbed Church, who prefer the Well-being of the Civil Conftitution, to every other Worldly Confidcra- tion. This pur Antagonifts can teftify. And we challenge them to charge us, with any Breach or Ne- glect of our civil Duties, unlefs eppofing fell Faction, and Tyranny be iuch. Can Alienors of the Right's and Liberties of Britifh, free-born Subjects, be deem- ed Enemies to the prefent happy Government ? Or in any Degree Favourers of Jacobitifn, or Slavery, from any Quarter ?
* Jpdogy, p. 8r.
M
[23 ]
Mm
As For profecuting our Rights at Law, b at this Time, improper or unfeafonable, I can by no Means conceive it. I confefs, I am convinced of the direct contrary ; that it can not be done too Toon, and that this is the beft and molt proper Juncture, to fue for, and finally to determine the Matters in Conteft, between the Commons and Alder- men of this City. It is reftraining, not exercifir.g the Laws, that weakens or endangers the State.
When we are threatened, on every Side, by fo- reign and domeftic Enemies to our glorious Confti- tution, We can not, furely, be too early in preparing for an Attack. A City to be befieged, is not ib effectually fecured, by repairing and ftrengthening it's Walls and Fortifications, as by removing the Grievances of the Citizens, and giving them an In- tereft worth contending for or defending. That, furely, is Liberty •, — no Men can be truly brave, that are not thoroughly free. This it is, that makes Britons, like antient Romans, abroad victorious, at
home invincible. What better Bait could an
Enemy ufe, at the Gates of a befieged City, than this? Deluded Men ! What do you fight for ? Why do you eppofe us ? Are you not diverted of all that is worth your Care, your antient Liberties and Rights ? Does your boajied Laws and Government proteet your Properties ? Do they not even countenance the hate- ful Slavery impofed upon you ? How long will you tamely bear the Opprejjor's Wrongs, the proud Men's Contumely, the Infoleme ojOfj.ce, the Law's Delay? Can you thus court Tyranny ? embrace Slavery ? For §hame ! exert your Senfes. We come not to dc)lroy,but to rejiore you to full Pofieifion of all your ence boajied Rights, Properties and Privileges — Such a Declaration, well founded, mufb prove more prevalent than Force. Therefore it cannot be good Policy, to leave fuch Incentives in the Power of an Enemy, whtn the Matters in Conteft may be fo foon, fo rcadity deter- mined by Law, to the find Eafc and Satisfaction of all Parties, without the lea;l Fear of ill Confer-;.; to any, in the Right. B 4 Ha*
[24] • Had London, or any other confiderable City in England, been treated with the Indignity, the Cruelty and Injufticc long pra&ifed upon Dublin, and had tried all legal and juft Meafures of obtaining a Reftitution of Rights and Properties, with no bet- ter Succefs, than We have hitherto had ; The late Rebellion?, artfully raifed and fomented by evil and jfelfe Suggestions, of this Kind, which readily took Place with a Sett of defperate or pampered People, regardlefs, forgetful, or ignorant of the true, inva- riable Intereft of their Country ; would have pro- bably looked more horrible. When the Nor- thern feglttege of Britain- has forgot the miferable State of Sloth, Poverty and Servitude, from which the People were . fo lately reclamed ; and longino- af- ter their antient Barbarity, their worfe than Egyptian HoonteigC Ay in the Face of thofe very Laws that united them, as Brethren, in the once glorious, Fa- mily of Britain : When Oxford, that once famed, Seminary of Literature and Arts, feems to have borrowed the Genius of a certain inglorious, modern Republic, both alike, while poor and under Tyrants •oppreffed, brave and virtuous, powerfully exerting their Eloquence, and freely expending their Blood and Trcafure to regain or uphold their Liberties • But when once peaceably pofleffed, growing opulent, or From poor and needy becoming fyi%) and Wfflv, icll into Exceffes, Luxury and Sloth, and fo ungrate- fully fpurning at the Laws and Powers that fupport them, m the full, uninterrupted Enjoyment of all that is dcfireable on Earth, fervilely, venaly, bafely bend- ing the Knee, nay, ready to yield themfelves up, to the firft Tyrant that bids the Price for them : When this moil antient Univerfity can forget that (he fuffer- ed more grievouOy than any Corporation in England, under the unnatural, illegal Government of the &fltattff» from which the Revolution alone could have refcued her, and yet now grow fo unmindful of thole that wrought her Deliverance and eftabiifhed
her
her Freedom and Rights, as publicly to declame, nay, exclame againft her Deliverers, to foment tUteafon and Iftebellton by all the Actions, as well as the Docu- ments of her Fellows and Matters in the public and private Schools, even in the debafed Theatre, and openly extol and court the fputtous* the imaginary progeny of their late Slnflatets, rendered yet more lavage, by jforeigtt $Optfl)€i)UCat ton i to yoke them again to the Plow ; What would they do were they enthralled like Us r Had they had any real Grievances to complain of, and, after due Applica- tion, were denied Redrefs, then indeed they might have had fome Color, or Pretence for their wild Extravagancies. They might, in Expreffion, then have joyned with that no lefs zealous, but more juft and wife Heathen, who faid, Fletlerefi nequeo fuperos, Acheronta movebo. — But let them firft move the Gods, before they leek Aids from ^ell i that is, let them firft, like us, have Recourfe to Superos, the higher Powers, or the Laws, and till they fail of obtaining Reftitution of Wrongs, by that Courfe, notftirup
#eljeronta, Kcbellion.
And here, while fallen Oxford is in my View, let me recommend it to thofe great Men, who import Englijh Clergy, as fome do French Cooks -t and who adorn our Courts of Juftice with Lawyers or Judges from the fame fruitful Soil, that, at the Time they are promoting Laws to prevent the further Growth of ^opert>5 they do not intail &latJCtp, in another Shape, on Us •, which muft, foon, pervert our Morals, as well as Religion. It can never be prudent to draw Water from a Turbid, much lefs from a polluted Spring, while a pure Fountain is at hand. Tho' we fee Christianity becoming, again >fajhi on- able in England, by the Labors of fome eminent Lay-men; yet, alas! Liberty is quite other wife. That muft ever fink, in Proportion, as Luxury and Senfuality rifes. When Liberty and a moft truly constitutional Government are openly decried, where Youth receive the firft I mpreiiions of Learning
or
[ 26 ]
or Policy : When fame great Towns and Cities with Impunity permit, I may fay, encourage, fome Rep- tiles to crawl among them, in the hateful, exploded, party-colored, unlawful Garb, invented in Imitation of the barbarous, favage PiEls •, and to fpeak Treafon in their public Streets, fhould We not be as cautious in holding Commerce with them, as if a Peftilence raged amongft them, till they have performed £hta- rentiney and produced Certificates of Health ? Some of the Clergy, I confefs, have done this •, and there- fore poffefs the uppermofl Place in my poor Bolbm. As for the Gentlemen of the other Gown, I fee no Traces of the Univerfity in them, fo they may pafs. But it is to be hoped that none of either will fo far par* ticularife himfelf, flung by this general Charge, as to give any Man room to fay, Thou art the Man, If any fhould, I am eafy. My Heart and Hand are, and ever mud be, at Enmity with Slaves, as well as Tyrants, of all Denominations, in all Stations.
Opprefiion is generally faid to make wife Men mad. Tho' we have not yet proved our felves wife, it can hardly be either jufr, or prudent, to prefs us much further, trufting to our Ignorance or want of Feeling or Choler.
The King has not more truly faithful and loyal Subjects, than the Proteitants of Ireland in general, the Citizens of Dublin in particular ; and if Juftice and Equity cannot prove fufficient Motives to Men in Power, to protect and fecure them in their Civil Rights, good Policy certainly mould. A People, who have any juft Senfe of Freedom, can honor or fcrve no King, or Government, that does not fup- port and fecure their facred Liberty and their Pro- perties inviolable. That Government mull ever be beft eftablifhed, where Intereft, as well as Principles, combine, to bind the Subjects in Love and Loyalty. This muft be ours, if all the Minifters and Officers of the State exercife their Offices, agreeable to Laws, and their Inftitution.
Much
[271
Much more might be faid on this Head, but to' Your Excellency, even this will, probably, prove too tedious, as well, as unnecefiary. You muft know the Rights of Brit:jh Subjects. You have often pro- ved your Ability, as well, as Inclination, to afTert, to fupport, and to defend them. Therefore, I flat- ter my felf, with Hopes, that while Providence of- fers you the Means, the Power of reftoring facred Liberty, to fo many of his Majefty's faithful Sub- jects, as are inflaved in this City and Kingdom, you- will not, in Regard to the KING you reprefent, whofe Throne is founded on the Liberty of his People, in regard to your own Confcience, and the Glory of redeeming fo many captivated Citizens, let flip the happy Opportunity.
The Parliament of Great-Britain have lately look- ed into the Political State of London, the freeji of Ci- ties •, and judging it inconfiftent with the Liberty of the Commons, that the Aldermen mould have even a Negative on their Tranfaclions, paffed an Aft to take away that injurious Power. And yet the Aldermen of London are not the Creatures of a Faction, but are chofen by the free Voices of the Inhabitants of every Ward. A Regulation extremely wanting in this City ; Where, initead of a Juftice of Peace to every Ward, We have but one acting fuflice in the whole City. In fhort, My Lord, when you come to fee how we are governed, or rather, rued, I am perfuaded Your Excellency mufc pity Us, and admire our long continued Tolleration, without the lead Variation in our Loyalty, under the moft bitter, flavifh Opprcfhon.
It may be thought better Policy to have concealed my. Name, fince I have often been grofsly abufed and vilified by certain Proltitutes in Power, for my Puifne Efforts for the Caufe of Truth and Liberty ; and fince fuch as dare, openly, to refufe the Subjects Law and Right, may well be fuppofed, in a like arbitrary and illegal Manner, to cru/h or opprefs
the
[28]
the Complainant. But, My Lord, I hate a Malk, and every Man that dares not boldly aflert Truth and Liberty without one. Moreover, whenever it be- comes criminal, or hazardous to approach the Su- preme Magistrate, or his Reprefentative, with juft Complaints, or to inform him of Truths impor- tant to the Common-wealth, or to aflert the antient Liberties and Privileges of the People, the Basis of the Civil Conftitution, let me, as an unfit Member be cut off. But while a Prince reigns, whofe Throne is founded on Liberty, and a Stanhope holds the Reigns of Government, I can fear no fuch Tyranny. Therefore, I not only offer this Complaint in Per- ibn, but alfo, fubfcribe my Name, as well to teftify my Senfe of Freedom under Your Adminiftration, as, that I am and mail, upon all Occafions, be ready to maintain the feveral Allegations in my Complaint, whenever You honor me with an Opportunity •, and to declare, that I am, with all due Allegiance to the Sacred Person You reprelent, and thorough Re- fpect to 'Your own,
May it pkafe Your Excellency,
Tour moft dutiful
and
mcfi faithful Servant,
[ 29]
APPENDIX.
Number I.
CHARLES Lucas, of the City of Dublin* Apothecary, depofeth, that he has been for fe- veral Years paft a Freeman of the faid City, and that he is now in the Common Council thereof, as one of the Reprefentatives of the Corporation of Barbers and Chir rurgeons, Apothecaries and Peruke-makers, or Guild of St. Mary Magdalene, within the faid City. That the better to qualify him for difchargmg the Truft of a Common Council-man, * he has ufed his bell En- deavours to learn the Conftitution of the faid City ; and to this End has read and made Abftracts of the feveral Charters, granted to the faid City, from the Reign of King Henry the 2d to the Reign of his pre- fent Majefty, of which Copies are enrolled in the Tholfel Office : And read over the feveral Rolls, and
* The OATH of a Common-Council-man.
FirJI, You (hall fwear to be faithful and true unto our Sove- reign Lord King George the Second, and to his Heirs and Succeffors for evermore ; you fhall give your faithful Counfel unto the Mayor in Town and Field, for the Time being, as a Common-Council- man mould do : You fhall anfwer unto all due Summonfes and Af- fembiies when your Mayor calls for you by his Officers, without Sicknefs or a lawful Excufe let you, if that you be within the City : You fhall not refufeany lawful Office if you be elected by the Mayor and Council of the City : You fhall not abfent yourfelf on the Elec- tion of a Mayor on Michael mas -Day, on Pain of the Laws made in old Time.
Alfo, You fhall attend the Mayor on his Station-Days with a feemly Gown fit for your Place and Calling, if that you be within the City, or a lawfull Excufe let you, with this and all others for the King's Majelty's Weale, and that of the City, as a Common-Council-man fhould do, to your Power. So kelp you Gtd,
other
[ 30 ]
other Matters of Record in the faid Office preferred, thofe especially fmce the Year 1625 to this prefent Year ; ana took Notes and Abftracts of all that oc- curred to. him, which related to the Government of the faid City, and the Election of Magiftrates and Officers therein. That by the Means aforefaid, He has made himfelf acquainted with the Charters, By- Laws and Records, on which the Rights, Liberties, Privileges, Franchifes, Cuitoms and Ufages of the faid City, and the Citizens thereof refpectively, arc founded. That having difcovered many Infringements of the Rights, Liberties, Priviledges, Franchifes, Cuf- toms and Ufages of the Commons and Citizens, made, as he apprehends, by the Aldermen of the faid City. He, to difcharge the Truft in him repos'd, diiclofed the fame to the Corporation of which he is a Member, and at prefent one of the Reprefentatives as aforefaid. Whereupon the faid Corporation, in their Common-Hall aiTembled, directed and authorifed this Deponent, with their other Reprefentatives in the faid Common-Council, to oppofe with all his and their Mi^ht the faid Infringements, and to profecute the Rights and Liberties of the Commons and Citizens, whTch appeared to be with-held by the Board of Al- dermen of the faid City, promifing this Deponent and their other Reprefentatives, their. utmoft Affifi> ance, and conftant 'Support in the faithful Difcharge of the Duty and Truft of Common-Council-men. That in Purfuance of fuch Directions, this Deponent, with others of the Common-Council, ufed all their beft means to move the faid Aldermen to reltore to the Commons and Citizens their Rights and Liberties, fo with-held as aforefaid. This Deponent faith, that among others it appears to him, that the Citizens of the faid City of Dublin are by Charter impowered to make By-Laws and Ordinances, and to chufe, elect and appoint feveral Officers and Servants, for the Se- curity and good Government of the Corporation of the faid City. ' That the Common- Council, as Re- prefentatives
prefentatives of the Citizens of the faid City, have Time Immemorial poffeffed and exerted this Right and Power, except where altered or reftrained by the new Rules made by the Government and Privy- Coun- cil of this Kingdom, in or about the Year 1672. This Deponent faith, that it appears to him from the Rolls, which are the Records of AfTembly, and which are all attefted or fubfcribed by th& Chief Magiftrate and Aldermen of the faid City for the Time in which the faid Records were made. That there has been Time Immemorial Twenty-four of the Citizens of the faid City chofen and elected Aldermen of the faid City. And that it further appears to this Deponent from * the Character of the 17th of King Charles the Firft, that certain Powers and Privileges, in the faid Charter mentioned, were granted to the faid Alder- men by the faid Charter, which faid Charter was founded and granted on an Information, that the Elec- tions of the faid Aldermen were veiled in, and by conftant Cuflom and Ufage, made by, the Mayor, Bailiffs, Commons and Citizens of the faid City of Dublin. This Deponent further faith, that agreeable to the faid Charter of King Cbarks the Firft, the Elections * of Aldermen appears to this Deponent from the Records aforefaid, to have been made in the Common- Council, and recorded in the Manner and Form of other Acts of AfTembly, or Common- Council, 'till the Year 17 14, or thereabouts j fince which, the Lord Mayor and Aldermen have afiumed to themfelves the Power of electing Aldermen exclu- five of the Commons and Citizens -, and in direct Vi- olation of the Rights, Liberties and Privileges of the faid Commons and Citizens, as this Deponent appre- hends, and is advifed. This Deponent further de- pofeth, that he demanded of the Town Clerk a Sight of all the Charters, By-Laws, Books, Rolls, and other Records, relating to the Corporation of the
• Rmenjir. p. !£. sfyo/ogj, p. 34, Procttdings, p. 21.
faid
[32]
faid City ; and had fhewn him by the faid Town- Clerk, or his Clerk or Deputy, feveral Charters, By-Laws, Rolls, and other Records, for the whole and entire of the fame. That it appeared to this De- ponent, that the feveral By-Laws, Books, Rolls, and Records made fincethe Year 171 1, are preferved, as this Deponent believes, perfect and entire ; and yet, that, upon the ftricleft and moft diligent Search and Enquiry, there appeared to this Deponent, from the Foundation of the faid City to this Day, no By- Law, Order or Ordinance whatfoever, made for authorifing, or in any wife favouring or counte- nancing the aforefaid Pretenfions of the Board of Aldermen to the Election of fucceeding Aldermen. This Deponent further depofeth, that the Office of Alderman is of greater Importance now, than it could have been before the making of the new Rules, becaufe the faid new Rules have given them the fole Power of electing Lord Mayor, Sheriffs, and Treafurer of the faid City •, and becaufe the faid Aldermen now take upon them to ftrike the Commons out of a double Return made to the Lord Mayor, from the feveral leffer Corporations within the faid City. That the Commons did on or about the 1 5th Day of Offober, 1742, deliver to the Lord Mayor and Aldermen the Report of a Committee of the faid Commons ap- pointed to examine the Charters, Acts of AfTembly, and fuch other Records or Papers as relate to the Go- vernment of the faid City, and the Election of Alder- men therein. In which Report was, among other Things, fet forth the aforefaid Rights of the Com- mons and Citizens to the Election of Aldermen, with diftinct Recitals of the feveral Authorities, from Char- ters and By-Laws, for fuch AfTertions •, and pointing out the Infringements and Innovations made as afore- iaid, in the faid Elections of Aldermen. That this Deponent, on or about the 2 2d Day of April 1743, with the Approbation and Advice of his Fellow - Reprefentatives and Conftituents, did draw up and
[33]
print a Remonftrance, as well againfi: the aforefaid In- novations(and Infringements as others •, and had Copies thereof delivered to the then Lord Mayor and Alder- men feverally, reciting the feveral Charters, By-Laws, and other Records, relating to the Government of the laid City, and the Elections of Aldermen therein, and pointing the Volume and Page in which the faid Authorities Hand inrolled or recorded in the Thclfel Office ; notwithstanding which, the faid Lord Mayor and Aldermen of the. faid City of Dublin, have and do perfift in their unjufl and oppreffive Ufurpations, and in open Violation of the Rights and Liberties of the faid Commons and Citizens, without the lead Color of, or Authority from, Charter or Laws ; that upon the ftricteft Search and Enquiry appears to this Deponent, did, on or about the Day
of April 1743, pretend to elect and chufe George Ribion of the faid City, Merchant, an Alderman, in the Place of Jofeph Nullal, one of the Aldermen, who refigned his Place of Alderman, and fwore the faid Ribion into the Office and Place of an Alderman, as this Deponent believes, without the Confent, Elec- tion or Approbation of the Sheriffs, Commons, or Citizens of the laid City •, upon the Strength of which pretended Election, which appears entered in the * Monday-Books only, the faid George Ribion has withdrawn himfelf from his Place and Station in the Commons, and now takes Rank and Place, and Votes, as this Deponent believes, with the Alder- men, in the AfTemblies and other Meetings of the Board, afTumes the Title, and wears the Gown of an Alderman, comes frequently from the faid Lord Mayor and Aldermen of Meflages to the Commons, which are fent only by an Alderman, or Aldermen ; and has his Name figncd to an A donation with the Aldermen in a Book called the Monday-Book, which
* Man Jay Books are a Sort of Journal of the Tranfa&ions of the Lord Mayor and Aldermen kept privately by them, and which were firft begun in the time of the Ufurpation of Cromwell. See Apology.
C Alio
[ 34]
AiTociation is entered into, and fubfcribed by Alder- fnen only •, and as this Deponent is informed, and verily believes, acts in and executes the Office or Em- ployment of a Junior Alderman of the faid City to all Intents and Purpofes whatfoever. This De- ponent further depofeth, that the Infringements and Innovations aforefaid, have raifed great Heats and Animofities between the Aldermen and Commons aforefaid. That violent Controverfies and Difcord have arofe in the -AfTemblies, which have ended in Tumult, Uproar, Confufion, and the DifTolution of many AfTemblies, without difpatching the public Bu- finefs ♦, and, that at Times when Matters of the greateft Importance, and the utmoft Confequence to the faid City were depending, before the AiTembly* fuch as cleanfing the Streets, removing Nufances, and fupplying the Inhabitants with Water. That fuch Strefs is laid by the faid Commons, and the Ge- nerality of the Citizens of faid City of Dublin, on the Reftitution of their Right of Electing Aldermen, that fundry tedious Difputes have arifen, and do daily arife, upon this Occafion, in private as well as pub- lic AfTemblies, which have fo obfbructed, and frill do obliruct, the carrying on the other Bufinefs of the City, to the manifeft Lofs, Damage, and Detriment, of the Commons and Citizens and other Inhabitants of the faid City, as well as to the utter Subverfion of all Order and good Government therein *, which faid Controverfies, ObftrucYion to public Bufinefs, Difquiet* LofTes, and Subverfion of Order and good Government in the faid Cityj this Deponent has Reafon to apprehend, and does verily believe, cannot be quieted, removed, or Harmony and Peace, be- tween the contending Parties, reftored, by any other Means, than by a judicial Determination of the Mat- ter m context by due Courfe of Law.
Number II.
TAMES Digges Latouche^ of the City of Dublin, Merchant, depofeth ; that he has been for feveral Years a Freeman of the faid City j and for near
nine
[3S 1
nine Years paft a Member of the Common Council of the faid City, that certain Doubts having arifen in the faid Common Council, about the Right which the Aldermen pretend to of electing Aldermen, and tranfacting other Matters without the Application to, or Confent and Concurrence of the Sheriffs and Commons. This Deponent, was with feveral others of the Commons appointed on, or about, the 6th of Auguji 1742, by the Sheriffs and Commons to be a Committee, to infpect the Charters, By-Laws, Acts of Affembly, and other Papers relating to the Go- vernment of the City of Dublin •, that the faid Com- mittee feveral Times met for the Purpofts aforefaid, and this Deponent gave confcant Attendance to the Meetings of the faid Committee, and that he has not found on the belt Search, he, and the reft of the Committee were able to make* any By-Law* Charter or Ufage before the Year 17 14, to fupport the aforefaid Power of the Board of Aldermen, to elect Aldermen ; but that on the contrary, it appears to this Deponent,that the Charter of King Charles the Ift, and the Entry on the Rolls to the Year 1 7 14, were ftrong Proofs of the Elections of Al- dermen having continued like that of other Officers not mentioned in the new Rules, of the Common Council. That the Committee of the Commons made two feveral Reports to their Houfe, one, on or about the 15th of Day of Oflober in the Year 1742, and one, on or about the 2 2d Day of July, 1743. That thefe Reports were, on or about the fame Time communicated to the Board of Aldermen ; that this Deponent does not know of any other By-Law or Matter contained in the Charter, By-Laws, Rolls or any other Records which might favour the Preten- fions of the Board of Aldermen, in Relation to the Election of Aldermen, which the laid Committee neglected to report. That their Reports, with the Anlwer of the Board of Aldermen, were examined by Council learned in the Law. That from the Opi- nions of the faid Council, this Deponent, as well as
C 1 the
[ 3H
the Maiority of the Commons, and he, believes the" Majority or the Citizens do conceive, that the Board of Aldermen have infringed on the Rights and Pri- viledges of the Commons and Citizens in the Elec- tion of Aldermen. That thefe Difputes have occa- fior.ed great Inconveniencies and Obftructions to the carrying on the public and neceflfary Bufinefs of the faid City •, and that great Difquietudes have hap- pened, and many AfTemblies have been broke up, without any Bufinefs being done, whereby the City is like to fuffer much Damage in its Eftate, and the Inhabitants Uneafinefs, Difquietudes and Incon- veniences, from the City not being able to dis- charge the Trull repofed in it, by raifing Money to defray their neceffary Expences, in cleaning andpave- ing the Streets, fupplying the City with Water, and other Particulars too tedious to mention. That this Deponent, believes thefe Difputes, cannot be ended in any other Way, than by having the Claims of the Commons determined, in a judicial Manner. That the Office of Alderman is of the greateft Im* portance to the well-being and good Government of this City, and is an Office and Place of great Truft. As the Board of Aldermen are folely intitled by the new Rules to the Election of Lord Mayor, Sheriffs and Freemen of the faid City, abftracted from the Com- mon?, and have or pretended to have a negative and controlling Power in the Election of the Commons ; and that no other Perfons but the faid Aldermen, except the Recorder of the faid City, can ferve the Office of a Juftice of Peace in this City. That notwithftanding the Reports and other Rcmonft ran- ees made by the Commons to the Board of Aldermen, againft the Infringements they have made on the Rights and Priviledges of the Commons and Ci- tizens, the Lord- Mayor, and Board of Alder- men, did, as this Deponent is informed, pretend to elect George Ribton of this City, Merchant, an Al- derman of this City, without the Confent, Election, or Approbation of the Commons of the faid City •,
that
[37]
that faid Ribton has ever fince fas Deponent is in- formed, and believes) acted under fuch Election as an Alderman of this City, voting at the Board of Alder- men, and carrying Meflages from the faid Board to the Commons, which has never been done as Depo- nant believes, by any other than Aldermen, or re- puted Aldermen.
Number III.
THOMAS Gonne, of the City of Dublin de- pofeth, that, in, or about the Year 1705, he, this Deponent, was put an Apprentice as Clerk to Jacob Peppard, Efq-, then Town Clerk of the City of Dublin, for five Years, which Term he ferved in the Tholfel Office ; and faith, that from the Expira- tion of his faid Apprenticefhip, this Deponent con- tinued a Clerk in the faid Office, until the Year 1724 ; at which Time this Deponent was appointed Town Clerk of the faid City in the Room of the faid Jacob Peppard, and continued Town Clerk un- til the Year 1739; and faith, that in the Space of Time from the Year 1705, to the Year 1712-, fe- veral Peribns were elected Aldermen of faid City, and particularly on the 19th of July 1706, Mr. An- thony Barkey was elected an Alderman by the Lord Mayor and Court of Aldermen of faid City, in the Place and Stead of Sir Francis Stoyte, Knight, deceafed ; and that on the 25th of April 1707, Mr. John Godly was elected an Alderman by the Lord Mayor and Court of Aldermen of faid City, in the Place and Stead of Alderman Henry Stevens, deceafed ; and that on the 1 6th of July 1708, Mr. Matthew Pear/on was elected an Alderman by the Lord Mayor and Court of Aide: men of faid City, in the Place and Stead of Sir Humphrey Jervis, Knight, deceafed ; at on
the 2 1 ft of July 1710, Mr. IVilliarn ght
ted an Alderman by the Lord Mayor and Court of AL.rrmen of faid City, in the Place and Stead Ram ford, Knight, Alderman, 1 - t on the fame Day, Mr. iboauu
C 2 kin [on
kinfon was elected an Alderman by the Lord Mayor and Court of Aldermen aforefaid, in the Place and Stead of Alderman Charles Forrejl, deceafed ; and that on the 20th of July 1 7 1 1 , Mr. George Forbes was elected an Alderman by the Lord Mayor and Court of Aldermen of faid City, in the Place and Stead of Alderman David Cojfart, deceafed \ and on the fame Day, Mr. Thomas Curtis was elected an Alderman, by the Lord Mayor and Court of Alder- men, in the Place and Stead of John Godly^ deceafed -, that on the iSth of July 17 12, Mr. Robert Chetham was elected an Alderman by the Lord Mayor and Court of Aldermen of faid City, in the Place and Stead of Alderman John Hendi-ick, deceafed •, and on the fame Day, Mr. William Dixon was elected an Alderman by the Lord-Mayor and Court of Alder- men aforefaid, in the Place and Stead of Alderman .William Gibbons, deceafed ; and this Deponent be- lieves he was prefent at the Elections of all the faid Aldermen, but is certain he was at the Election of the dreateft Number of them ; and faith, that fuch of the Elections as he was prefent at, were made by the Lord Mayor and Court of Aldermen, Board of Al- dermen, or Table of Aldermen of faid City only, and never heard, till within thefe three Years laft pad, that the Commons of this City, or any other Perfon, or Perfons, claimed to have a Right to vote or join with the Lord Mayor and Aldermen, in the E- lection of an Alderman, or to approve of the Elec- tion of an Alderman •, and faith, that from the Year 1712, to the Year 1739, the Elections of Aldermen have been always had and made by the Lord Mayor and Aldermen only, and never heard during that Time that the Commons ever claimed a Plight to join in the Election of an Alderman, or to approve of the Election of an Alderman ; faith, that there is in the Tbolfel Office, a Book, called the Monday-Book { where- in the firft Entry is in the Words following) by the Mayor of the City of Dublin, and the Table of Al- dermen, at a meeting held at the Thclfel on Monday
the
[ 39 )
the fifth of April 1658, which Book contains Entries of Tranfadtions of the Lord Mayor and Aldermen from the Year 1658, to the Month of July 171 2, in- clusive, which Book hath been kept and made ufe of for the Purpofes aforefaid, ever fmce this Deponent became an Apprentice as aforefaid ; and as he be- lieves, for feveral Years before ; faith, that with all the Care and Diligence in his Power, he perufed the faid Book ; and finds therein, the Elections of feve- ral Aldermen, by the Lord Mayor and Ccurt of Aldermen, or Table of Aldermen only •, and on the ftricteft Enquiry, did not find in the faid Book, any Election of an Alderman, wherein the Commons had any Vote, Choice, or Approbation therein *. Saith, that in the faid Monday Book, he finds the following Entries of the Elections of Aldermen, by the Lord Mayor and Court of Aldermen, or Table of Alder- men only •, and particulary the following Election, in thefe Words •, the lad Day of September 1667, it is alfo ordered, and agreed, by the faid Lord Mayor, and Aldermen of the faid City, that Mr. Chrijiopher Lovetty be, and is hereby elected Alderman of the faid City, in the Place, and Stead of Alderman Ralph Vizer, deceafed ; which Election is figned by nineteen Perfons, who by the Names fubferibed, and the City Rolls, appear to this Deponent, to be the Lord Mayor and eighteen Aldermen , that the fol- lowing Orders appear to be entered in the faid Book, by the Lord Mayor and Court of Aldermen , on the 18th of Oclober 1672, it is this Day ordered by the Lord Mayor and Aldermen, that Mr. Richard Hanway, be, and is hereby elected and chofen an Alderman of the faid City, in the Place, and Stead of Alderman Richard Cooke, deceafed ; on the fime Day, it is further ordered, that Mr. John Smith,
* This is true ; for how fhould the Tranfactions of the Commons be entered, where there is not one corporate Act, nor any Thing more than the private Acts of the Aldcrmen? or a Faction of them.
C 1 be,
[40]
be, and is hereby chofen and elected an Alderman, in the Place, and Stead of Alderman Ridgely Hatfield, deceafed ; and on the fame Day, it is further ordered, that Mr. Peter Ward be, and is hereby, chofen and elected an Alderman of the faid City, in the Place, and Stead of Sir Darnel Bellengham, Knight, and Baronet, Alderman, deceafed ; which laft three Elec- tions appear to be figned by the Lord Mayor and thirteen Aldermen only •, that the following Orders, appear to be entered in the faid Book, on the firft of May, 167 '4-, Mr. John Eaftwood, is chofen and elected Alderman of the faid City, by the Lord Mayor and Aldermen, in the Place, and Stead of Alderman Thomas Hooke, deceafed •, on the fame Day, Mr. Robert Arundell, is chofen and elected Alderman of the faid City, by the Lord Mayor and Aldermen, in the Place, and Stead of Alderman Richard 2 ighe, deceafed >, on the fame Day, Mr. Henry Reynolds is chofen and elected Alderman of the faid City, by the Lord Mayor and Aldermen, in the Place, and Stead cf Alderman Daniel IVibrants, deceafed •, and en the fame Day, Mr. Luke Lother, is chofen and elected Alderman of this City, by the Lord Mayor and Aldermen, in the Place, and Stead of Alderman Nathaniel Fookes, deceas'd, which laft four mentioned Elections appear to be figned by the Lord Mayor and eleven Aldermen only, that it ap- pears by the faid Book, that on the 1 7th of July, 1685^ Mr. Charles Thompfon was elected an Alder- man, by the Lord-Mayor and Court of Aldermen, in the Place, and Stead of Alderman William Smyth, lately deceas?d ; and it further appears by the faid Book, that on the 21ft of January, 1686, on his, the faid T'hompfonh Letter to the Lord-Mayor, he, the faid Thompfon, was, by the Lord-Mayor and Court of Aldermen difpen/ed with, and difcharged from the Place of Alderman of this City for ever, and Capt. Robert Bridges was then chofen and elected an Alder- man, by the Lord-Mayor and Court of Aldermen, in- ftead of the faid late Alderman Charles Thompfon,
which,
[41 1
which faid Entry of the 21ft of January appears to be figned by the Lord-Mayor and nine Aldermen only, that it appears by the faid Book, that on the Tenth of February , 1686, Capt. Robert Bridges, by his Letter to the Lord-Mayor, defired to be excufed from ferving as an Alderman, and being excufed ac- cordingly by the Lord-Mayor and Court of Aldermen, Mr. Robert Hill was then chofen and elected by the Lord- Mayor and Court of Aldermen, in the Place and Stead of the late Alderman Charles Thompfon ; this Entry appears by the Lord-Mayor and ten Aldermen only ; That the following Order appears to be entered in the laid Book on the 24th of April, 1691, by the Lord Mayor and Court of Aldermen. It is this Day or- dered, That Bartholomew Vanhomr'tgh, Efq-, Mr. Thomas Quin, and Mr. Anthony Percy, be, and are hereby chofen and elected Aldermen of this City ; which laft Order appears to be figned by the Lord Mayor and nine Aldermen only •, that by an Order in the faid Book, of the 20th or July, 1694, by the Lord Mayor and Court of Aldermen, it appears, that Alderman Daniel Hayes, on his Petition to the Board tobedifcharged from the Place of an Alderman, and being difpenfed with, and difcharged, Mr. John Page, one of the Sheriffs, was elected an Alderman inftead of Alderman Walter Motley, deceafed \ and on the fame Day, Mr. Francis Stoyte was elected an Alderman inftead of the above Alderman Daniel Hayes, who was difcharged from his Place of Alder- man •, this Entry appears to be figned by the Lord Mayor and eleven Aldermen only. That by an Order in the faid Book of the 6th of May, 1698. by the Lord Mayor and Court of Aldermen, it ap- pears, that Mr. Benjamin Burton was elected one of the Aldermen of this City, inftead of Alderman Phi- lip Caftleton, deceafed •, which Election appears to be figned by the Lord Mayor and eight Aldermen on- ly. That by an Order in the laid Book, of the 18th of Augufi, 1 70 1. to wit, by the Lord Mayor and Court of Aldermen, It appears, that Ratyh Gore
e1 .-cted
[«1
elected an Alderman, inftead of Alderman GeorgeBIack- ball, deceafed ; this Election appears to be figned by the Lord Mayor and eleven Aldermen only. That by an Order in the faid Book of the 16th of July, 1703, to wtiy by the Lord Mayor and Table of Aldermen, Jt appears, that Mr. Robert Mafon was elected Al- derman in the Place and Stead of Alderman Edward JJoyd, and thefame Day, John Stoyte was elected Alder- man in the Place of Alderman John Smith -, and the iameDay,Mr. Thomas Pleafanfs was elected Alderman in the Place of Alderman William Billington ; the lafl: three Elections appear to be figned by the Lord Mayor and thirteen Aldermen only. That by an Order in the faid Book of the 21ft of July, 1704. to wit, by the Lord Mayor and Court of Aldermen, it appears, that Mr. John Hendrick, was elected Al- derman in the place and (lead of Alderman Vanhomrigh deceasM ; and the fame Day Mr. Thomas Bolton was elected Alderman in the place and dead of Sir Francis Brcwjter, Knight, Alderman, deceasM ; the laft two E- !ections appear to be figned by the Lord Mayor and nice Aldermen only. Thatbyan Order in the faid Book of the 1 4th of September 1704, to wit, by the Lord Mayor and Court of Aldermen, reciting that Mr. Hen- ry Stephens being formerly elected an Alderman, but being obliged to go for England for the Recovery of his Health, where he {raid and miffed taking the Oaths and Sacramental Teft within the Time limitted, he is therefore this Day elected an Alderman, and re- admitted into the fame Station and Precedence as he formerly held at the Table of Aldermen ; this Electi- on appears to be figned by the Lord Mayor and eight Aldermen only. That it appears by an Order in the faid Book, of the 25th of September, 1704., to wit , by the Lord Mayor and Court of Aldermen, reciting, That, whereas Alderman Thomas Bell, having neglected to take the Oaths and Sacramental Teft, and to con- form, purfuant to the Act ; and his Place of Alder- man being vacant, Mr. V/illiam French, one of the Sheriffs, was elected an Alderman in his Place and
Stead.
r 43 1
Stead. This Election appears to be figned by the Lord Mayor and ten Aldermen only. That, by an Order in the laid Book, of the 20th of October, 1704, to wit, by the Lord Mayor and Court of Aldermen, it appears, that Mr. David Crcjpirt was elected an Alderman in the Place and Stead of Sir Anthony Per- cy ; and this Election appeals to be figned by the Lord Mayor and eight Aldermen only. Saith, that For about thirty-fix Years paft, he has been converfant in perufing the Parchment Rolls containing the Acts of the AfTemblies of the faid City -, and that with Care and Diligence he lately fearched and examined the faid Aifembly-RGlls for eighty Years paft and upwards, and depofeth, * that upon theftricteft Search and En- quiry in his Power, he did not, nor could he find any Act of AfTembly, whereby the Commons of the faid City were impowered to joyn with the Lord Mayor and Aldermen in the Election of Aldermen, or that they were to have any Vote or Approbation in fuch Elections. Saith, that the feveral Acts of AiTembly are always, after every AfTembly is over, engroffed in a Parchment Roll or Rolls, by theTown-Clerk's De- puty, or his Clerks in theTholfel-Office, which Roll or Rolls, is or are figned by the Lord Mayor and Board of Aldermen, and one or both Sheriffs ; faith, that frequently, until Michaelmas, 1712, he finds, that Aldermen, that have been elected by the Lord Mayor and Board of Aldermen only, have been entered on fuch Rolls •, and that fince the new Rules in 1672, down to the Year 171 8, inclufive, the Elections of Lord
* The Commons claim an original inherent Right in them, and the Aldermen mufl prove Part of that, or the Whole, granted to them by Act of AfTembly. But the Aldermen well knew their Elections invalid, and therefore, every Alderman, tho' firft chofen by the Board, had the Sanction of the AfTembly infome fubfequent Meeting, as ail the Inftances before the Year 17 14, given by this Deponent, appear to have had, and fome Elections, as thofe of Tbompfon and Jirvai, &c. are entered on the Rolls only, in the Form and Wordj of AGs of AfTembly. See apology, and Proceedings,
Mayor
[ 44 ]
Mayor and Sheriffs, have been frequently entred on the Affembly Roils, which this Deponent verily be- Sjyes > : not done by Way or Intention of (hew- ing, that tut Commons, either had, or pretended any Right to fuch Election, but to notify, that ftich Elections were made. Saith, that Alderman Henry Burr owes, who is now the Senior Alderman of the City of Dublin, was elected an Alderman of the laid City on the 20th Day of July 1724, in the Room or Place of Alderman Matthew Pear/on, deceas'd, and that none of the Commons were prefer. t at that Elec- tion, or pretended or claimed any Right of voting therein, or in the Election of any Alderman fince chofen to the Year 1741, or thereabouts, and never heard 'till within thefe three Years that the Commons of the laid City claimed or pretended to any Right to join in the Election of an Alderman, or to approve of an Alderman, when elected by the Lord Mayor and Aldermen. That this Deponent lately carefully cxamin'd feveral Bundles of Petitions in the Treafury- Chamber of this City, cndorfcd Ailembly Petitions, and by their feveral Dates they appear to be Bundles of Ailembly Petitions from the Year 1662 down to the Year 17 12 inclufive, and on the ftricteft Enquiry and Examination he did not, nor could he find any Petition in the Name of any Perfon whatsoever direct- ed to the Lord-Mayor, Sheriffs, Commons and Ci- tizens of this City, to be elected an Alderman, nor tiid he, or could he find on the faid Search any Peti- tion in die Name of certain of the Commons, or any other Perfon or Perfons whatfoever, for the Election of an Alderman, except one Petition preferred at Eafter Aflfembly 1690, in the Name of certain of the Commons, which Petition, and the Order thereon, with the Endorfement on the Back of the faid Peti- tion, are in the Words following : To the Right Ho- nourable the Lord- Mayor, Sheriffs, Commons and (Citizens of the City of Dublin, the Humble Petition of certain of the Commons fheweth, that by the Ab- fence $f feveral of the Aldermen in England, the Af-
femblies
[ 45]
femblies of this City are fo thin on Quarter Days, tha* the public Bufinels thereof cannot be well traniacled $ your Petitioners therefore humbly pray, that your Ho- nours will, this prefent Affembly proceed to the Choice of fit Perfons, to ferve as Aldermen of this City in the Room of fuch as are abfent as aforefaid, and your Petitioners will pray, Second May 1690. Ordered^ That Mr. Ignatius Brown be, and is hereby elected and chofen one of the Aldermen of this City in the Room of Sir Abel ittf;;;,now in£^/^w^,Indoriementon the Back, N°. III. The Humble Petition of certain of the Com- mons, 1690, Mr. Ignatius Brown chofen Alder- man, allowed. This Deponent finds thatKing7tfw<?j the Second, by his Charter, bearing date the 27th Day of Otlober, in the third Year of his Reign, reciting, that the Rights and Priviledges of the City of Dublin had been feized into the Hands of the Crown, by Vertue of a Judgment had in the Court of Exchequer, incorporated the Inhabitants thereof, by the Name of Mayor, She- riffs, Commons and Citizens of the City of Dublin, and thereby granted to the Mayor, Sheriffs, twenty four Aldermen and forty-eight free Burgeffes, a Power to choofe Aldermen on any Vacancy, and Deponent believes the faid Petition was grounded on the faid Charter.
Number IV.
WILLIAM Aldrich, of the City of Dublin, Alderman, depofeth, that he has been for about 39 Years paft a Freeman of the City of Dublin ; and that he was in the Common-Council thereof, as one of the Reprefentatives of the Corporation of the Guild of Merchants, from the Year 1707, or there* abouts, to the Year 17 14, at which Time this De- ponent was made one of the Sheriffs of faid City, and Deponent continued from thence in the Common- Council of the faid City before the Year £714, there were Several Elections of Aldermen, as appears to this Deponent by the Entries in the Monday -^o >lc,
remaining
[46 j
remaining in the Tholfel-Ofcce of the faid City^ and particularly of Alderman Matthew Pear/on, who was defied an Alderman on the 16th of July 1708 ; of William Quayle, who was elected an Alderman on the 2 1 ft of July, 1 7 1 o •, of Thomas Wilkinfon, who was elected an Alderman the fame Day •, of George Forbes , who was elected an Alderman on the 20th of July , 171 1 •, of Thomas Curtis, who was elected an Alder- man on the fame Day ; of Robert Chetham, who was elected an Alderman on the 1 8th of July, 1712 ; and of William Dixon, who was elected an Alderman on the fame Day •, and faith, that neither he, or any of the Commons of the faid City, to his Knowledge or Belief, ever joined in the Election of an Alderman, or approved of fuch Election, when made by the Lord-Mayor and Board of Aldermen ; and faith, that he never had any Application made to him for his own Vote on the Election of an Alderman, nor did Deponent ever hear, nor doth he believe, that during the Time aforefaid, that any other of the Commons of the faid City ever was applied to, for any Vote, Confent, or Approbation, on the Elec- tion of an Alderman of the faid City ; and faith, that from the Year 1707 aforefaid, to this prefent Time, the Election of Aldermen of the faid City was always had, and made by the Lord-Mayor and Board of Aldermen only, exclufive of the Commons of the faid City •, and faith, that at the Time he was firft ad- mitted a Freeman of the faid City, he always heard and underftood that the Right of electing Aldermen of the faid City was vetted in and exercifed by the Lord-Mayor and Aldermen of the faid City only, and depofeth that he never knew, nor did he hear that the Commons of the faid City ever pretended to, or claimed any Right, Power, or Priviledge in joining in the Election of an Alderman of the faid City, or of approving of fuch Election, when made by the Lord- Mayor and Aldermen, until within thefe three Years, lbme of the prefent Commons claimed, and pretended a Right to join in the Election of an Alderman ■> faith,
that
t 47 ]
that from the Year 1707 aforefaid, to this prefent Time, he never knew, heard, nor doth he believe* that the Commons ever joined in the Election of an Alderman, or approved of fuch Election, when made by the Lord Mayor and Aldermen, nor did this Depo- nent ever hear, nor doth he believe, that the Commons ever pretended to, or claimed any Right or Privi- ledge in the Election of an Alderman, other than that within thefe three Years laft paft, the pre- fent Commons claimed a Right to join in the Election of an Alderman •, faith, that before the Year 1714, he, this Deponent, was often applied to upon the Election of an Alderman, to obtain the Vote of Alderman William Gibbins, who was one of the Al- dermen of the faid City, and to whom this Deponent was nearly allied, in favour of fome Friend ; and iaith, that during the Time Deponent was one of the Commons of the faid City, he made ufe of his belt Endeavours to fearch and promote the Rights and Li- berties of the Commons and Citizens of faid City ; and depofeth, that if he had thought, or believed, that any fuch Right or Power of electing, or approving an Alderman of faid City was ever vetted in the Com- moms of faid City, or that the Commons of faid City had any Right to join in fuch Election ; that this De-~ ponent, as one of them, would have demanded and in- filled on the fame.
Number V.
JO HN Jones depofeth, That he was appointed one of the Water-Bailiffs of the City of Dublin, in the Year 1 704, or thereabouts, and continued in the faid Employment until in, or about the Year 1734 ; and faith, that the Duty of his Office required his Attend- ance at the Door of the Great Room in the Tholfel* Where the Lord-Mayor and Aldermen fit to do Bufi- nefs, which Great Room is oppofite to the Room where the Commons of the faid City meet in and fit ; and faith, That during the Time he continued in the faid Office, there were feveral Peifons elected Alder-
men
[ 48 ]
men of the faid City, and faith that fuch Elections were constantly made by the Lord-Mayor and Aldermen only * ; and faith, that Deponent ufually attended the Door of the faid Great Room, in which the Lord-Mayor and Aldermen fat and elected Aldermen $ and that im- mediately after the Election of Aldermen, this Deponent has been lint by the Lord-Mayor and Aldermen to the Perfon fo elected, to notify to him his being fo elect- ed, and depofeth that he never knew or heard that the Commons or the faid City, or any or them had, or claimed to have any Right to join with the Lord- Mayor and Aldermen in the Election of an Alderman* except that within thefe three Years lair paft, fome of the Commons of this prefent Common-Council, or AfTembly have infilled on, and pretended a Right to join in the Election of an Alderman ; faith, that after the Election of an Aldeiman, the Perfon, fo elected, being lent for by the Lord-Mayor and Board of Al- dermen, always came to the Great Room aforefaid, and there was fworn into the Office by the Lord-Mayor and Aldermen only -, and depofeth, that during Depo- nent's Continuance in his faid Office, he never heard that the Common-Council of the faid City, or any of the Commons ever aflumed, or pretended to have any Right, Vote,or Approbation in the Election of Alder- men of the faid City, but always knew, during the Time he officiated as Water- Bailiff, that as often as an AJderman died, or an Alderman's Place otherwife became vacant, that Aldermen were from Time to Time, during the whole Time aforefaid, elected by the Lord Mayor and Aldermen only, and never heard that the Commons ever joined in the Election of an Alderman, or claimed to have a Right to join in the Election of an Alderman,' till within thefe three Years.
* This Servant of the City attends without Side a great Door ; but there is another Door, at which the Commons might get to the Aldermen, or the Aldermen to them, unknown to the Water - Bailiff; befidcs he is not furoofed to know whether, or how the Elections of Aldermen are confirmed or approved by the Commons.
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