66

mas Day, on Pain of the Laws made in old Time: Also, you "shall 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 lawful Excufe let you, with this and all others for "the King's Majefty's Weal, and that of the City, as a Com"mon-Council-Man fhould do, to your Power. "So help you

God."

THE COMMON-COUNCIL was appointed to inspect all the Affairs belonging or relating to the City, to receive Petitions, to treat with all Perfons, tranfact all Matters, and frame all By-Laws. All public corporate Acts were to be introduced by way of Petition of certain of the Commons, addreffed to the Lord Mayor, Sherifs, Commons and Citizens, not otherwife. But, fuch was the Wisdom of the great ARCHITECTS of this excellent Conftitution, that they exprefsly limited the Power and Authority of the Commons, not by Implication onely, as it now appears in the great COMMON-COUNCIL of the Realm, who may not do any Thing contrary to the FUNDAMENTAL PRINCIPLES of the Conftitution, which would be fruftrating the End of the Inftitution; but by pofitively and exprefsly referving to the CITIZENS at large, an abfolute NEGATIVE on all the Tranfactions of the Commons.

THUS Our FATHERS wifely guarded against the future Corruption and Degeneracy of the Commons, by inftituting the great Court of DAREIN HUNDRED, which is to be held at the Clofe of every Affembly.

THIS COURT is fummoned by ringing the Thollel Bell after every Affembly; and is opened by a public Proclamation, made by the common Crier. Here the chief Magiftrate, with the Sherifs, prefides. By this, it By this, it is happily provided, that if the Commons will not anfwer the Ends of their Inftitution, they fhall not pervert them: For, as the Citizens may hear and fee, in the Gallery, what Acts are paffed by the Commons in the Assembly, they must be supposed to be prepared to prohibit fuch, as they appre hend to be injurious or wrong. And every Citizen has an unqueftionable Right, like a Roman Tribunal, to pronounce his VETO, to prohibit any fuch injurious or unjust Act: For, if the Prohibition be feconded by an other Citizen, the Act fo prohibited: becomes abfolutely invalid, and can not be lawfully executed in any Point, untill it receives the Sanction of the Majority of the Citizens, who may, if they will, demand a Poll upon the Quef

tion.

THIS it is, that makes it necessary to addrefs all Petitions to the CITIZENS, as well, as to the Lord Mayor, Sherifs and Commons: For, the Consent of the one, is as neceffary, as that of the others; whence, all corporate Acts are to be done by, and in the Name of, the Lord Mayor, Sherifs, Commons and CITIZENS, and not otherwife. This makes our Common-Council different from that of mos other Cities: For, few have retained any exprefs Control over the

Tranfa&

Tranfactions of their Commons; but here, they are no more than a Committee, fubfervient to the aggregate Body of the Citizens. I Now come to my fourth Head, to treat,

W

IV. Of JUREES, or ALDERMEN.

E derive the Word, Juree, which the English generally call, Jurats, of Jurati, fworn, from the Normans: For, it is but fince the Reign of William I. that these Officers were inftituted in England.

THE Name partly implies the Office: They were a sworn Council, or Affeffors to the chief Magiftrate of a Corporation. The Iland of Jersey is governed by a Bailif and twelve Jurats; and many Towns in England were incorporated by the Name of Bailif and Jurats; but, We find but one, Romney Marsh, now remaining, which has retained that Form and Titule, moft others having changed the Name, into that of Alderman, whofe Office feems much the fame.

THE Word, Alderman, is derived from the Saxon, Ealdorman, that is, Elderman or Senior. It was one of the highest Titules of Honor among the antient Saxons. With them, Nobility was fupported by three Means; by Birth or Blood, by Prowels or virtuous Actions, and by Wisdom. Thofe of the first Class were called, Ad lingi; thofe of the fecond, Heretochij; and those of the third, Aldermanni; the last importing as much, as that Wisdom was to be acquired by Age and Experience; therefore, those who diftinguished them felves in this Way, were dignified with the Titule of Eldermen or Seniors, Sages or Wifemen.

ALDERMAN was formerly a Titule equal to that of Earl in later Days. As Citizens implied a Perfon, both in a civil and military Capacity, fo Alderman implied a civil and military Governor, when applied to any particular Place. And it is apprehended, by fome of our Antiquaries, particularly, Spelman, that the Titule and Office of ALDERMANUS totius Anglia, which subsisted in the Reign of King Edgar, was equal, if not the fame, with that of Lord Chief Justice of England now; though it feems more likely to have been Regent, Jufticiary or Lord Lieutenant.

BUT, in thefe Acceptations, it has been long, totally difused, and has of late been used onely to express a Kind of Senator, or in a more literal Senfe, to denote an Elder. And by Aldermen, are now more univerfally understood, a certain Council, or Affeffors to the chief Magistrate of a Corporation, diverfly created, and with different Powers.

IF a Corporation be created, confifting of a Mayor, Aldermen and Citizens or Commonalty, or the like, then the Aldermen become a fundamental and effential Part of the Corporation, and are intituled to an equal Share of the Property, Power and Privileges of the Commonalty or Citizens, or more particularly what is expressed the Charter, which is the creating Power.

BUT,

BUT, if a Corporation be created, confifting of Mayor, Bailifs, Commons and Citizens, or of Lord Mayor, Sherifs, Commons and Citizens, and that Corporation fhould afterwards, by a By-Law, create Aldermen, that is, inftitute a Council of civil Elders to affociate with, and affift, the chief Magiftrate, the Aldermen, fo created, do not become an effential Part of fuch Corporation, nor can they poffefs or clame any Power, Pre eminence, Privilege or Authority therein, above the Citizens, but what they derive from fuch a By-Law.

THE Words, Juree or Alderman, are not once, fo much, as mentioned in any of our Charters, before the Reign of King Charles I. though by that Charter, as well, as other Authority, it appears, We had fuch Officers much earlier. That King thought fit to raise the Dignity of this eminently loyal City. He therefore, created our Mayor, a Lord Mayor, and made him, with the Recorder and fix of the fenior Aldermen, Juftices of the Peace and Goal Delivery, and the whole Board, Governors of the House of Correction.

BUT, his Grants in that Charter, are founded upon this Recital; "AND, whereas We have received Information, that the aforefayed Mayor, Bailifs, Commons and Citizens of the fayed City, from Time to Time, and Time immemorial, by an antient, received Cuftom or Ufage within the fayed City, have chofen or were accuftomed to choose twenty-four of the most virtuous and wife of the Commons and Citizens aforefayed, ALDERMEN of the fayed City, who are vulgarly and commonly called, Aldermen, &c." So, that it is incontestable, that, at this Time, the Election of Aldermen was in the Corporation at large, and that it is upon this Affurance, the King made these Grants to the City; which Grants were afterwards, upon the fame Confideration, enlarged by a Charter of his prefent Majefty,

It

It is not at prefent easy to determine the exact Point of Time, at which, Jurees or Aldermen were first instituted in this City. is probable, that when it was found expedient to augment the Truft or Power of the chief Magiftrate, by Statutes or By-Laws, it was judged neceffary for his Affiftance, as well, as for the public Security, to appoint him a Privy-Council, which were accordingly chofen out of the graveft and difcreteft Citizens, such as had already grown old and wife in the Service of the City. This was probably, as early as the Reign of Henry III. when it is likely, they were called, Jurees or Jurors; the former of which Appellations, they retained in the Reign of Richard III. as appears by a By-Law then made, empowering the Jurees to meet on Hly-Roud Day, to name one of them felves to be Mayor, from Michaelmas enfuing.

ABOUT the Reign of the good and great Queen ELIZABETH, and fince, thefe Officers have been called, Aldermen, and their Election, conformable to the Recital of the Charter of King Charles I. has been as conftantly, as regularly made or performed in the Common-Council, from the Date of that Charter, to the Reign of his late Majefty, as any other corporate Act; if We can

believe

believe the onely Teftimony, We can receive of fuch Facts, the Inrollments, the onely authentic Records, of Acts of Affembly, all figned by the Lord Mayor, Aldermen and Sherifs, or by fuch of them as could write; or attefted by the Mark of fuch as were not qualified to clame the Benefit of Clergy.

As the Aldermen are not named in any Charter, as an essential Part of the Body Politic, they can have no Room to make such a Clame. They are then, but Creatures of the CITIZENS. And

can have no Power, Privilege or Authority, but what is derived from, or tacitly or exprefsly implied by, their Creation or Election, or fome By-Law.

BUT, upon the ftricteft Researches that could be made into the Charters, Rolls and Records of the City, it does not any where appear, that this antient Council of civil Elders were made an essential Part of the Corporation, or Common-Council; though it is likely, the whole Number, or at left, fuch as had passed the MAYORALTY, obtained Seats in the Affembly, as the Sherif's Peers, or thofe that have served the Office of Sherif, have fince ufually done; nor, that they were by any Means invested with any Kind of Power or Authority in the City, beyond the Truft repofed in them, of attending and counseling the chief Magistrate, and watching, infpecting and attesting his Conduct, as became fage and faithful Guardians, or Fathers to the People; untill the Charter of the 17th of King Charles I. abovementioned, made them Juf tices and Governors of the House of Correction; which Charter, with Regard to the Number of Justices, is enlarged by an other of the present King; and, untill the NEW RULES made in the Year 1672, gave the Board fome additional Powers and Privileges, which We shall hereafter explane.

66

I HAVE for your better Information annexed,

Y

The OATH of an ALDERMAN.

OU fhall fwear to be faithful and true to our Sovereign Lord GEORGE II. King of Great-Britain, France and Ire"land, his Heirs and Succeffors for evermore; you fhall give 66 your faithful and true Counsel to your Mayor for the Time be"ing, as Aldermen and Jury should do; you shall answer all due "Summons and Semblies, when your Mayor call you by his Officers, without that Sickness, or a lawful Excufe let you, if that $6 you be within the City: Also, you shall not refuse the Mayoralty, "if you be found able thereto, by the Mayor and most Part of "the Aldermen; you shall not absent your self on the Day of "Election, nor on Michaelmas Day, from the fame Election of "the Mayoralty, upon Pain of the Laws made upon the fame: "Alfo, you fhall make due Search in your Ward, for Felons, "Treafons, and for all fuch Perfons as are Tranfgreffors of the King's Majefty's Laws, and the Laws of this City; you shall bring them to the Mayor, or fend them to the Goal of the City: Also, you shall keep fecret all fuch Matters as the Mayor "from

66

H

" from Time to Time fhall appoint to be kept fecret, by exprefs "Words, at your Confultations ftanding with your Allegiance: "Thefe and all others for the King's Majefty's Weal, and the "Weal of the City, by your Power you fhall keep.

"So help you GOD."

LET Us now take a fummary View of this once happy Conftitution, and We shall find the known World unable to fhew it's Parallel.

WHAT could be wanting to make a City great and powerful, when it was OPULENT and FREE? When the Citizens were distinguished and dignified with the moft remarkable, the most valuable Privileges? Governed by Magiftrates, and a Council of aged, grave and wife Aldermen, and free and independent Commons, ALL chofen, with Regard to Merit and good Qualifications onely, out of, and by, the Citizens? A Council, whofe Power and Authority was prescribed and limited by the Citizens, and whofe Transactions were fubject to the Control of their Conflituents, before any By-Laws, by them framed, could be carried into Execution? Under fuch a Government, what could be wanting to render the Citizens, a great, florishing and happy PEOPLE? All that muft have depended upon their own Wisdom, Virtue and Integrity. While they had Senfe and Wisdom, they must have retained VIRTUE and INTES GRITY, and of Crurfe, must have watched and preferved their RIGHTS and LIBERTIES, which was easily and pleasantly effected by exerting and perfevering in LIBERTY and LOYALTY. Was ever an eafier Course ran, to gain fuch an ineftimable Prize? To be honest and juft, to be HAPPY and FREE! O! that all our paffed and prefent FELLOW-CITIZENS had been fuch! Then, the most ungrateful Part of my Task, had been unneceffary; pointing out the Breaches made in this great Conftitution, and by whom. However, as, in order to a Remedy, the true, natural and diftempered State of every Body is to be layed open; fo, it must be with Re gard to our City. But, as I have, in this, already exceded the intended Bounds, I fhall referve what I have to say on our fickly Condition, for the Subject of my next Address †.

+ WHOEVER takes the Trouble of reading this Addrefs and confidering the Manner in which the Author was treated by the Lord Mayors, Sherifs and Com