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a long lease of it at fifty Pds p Añn Rent. Litle doubt is to be made but some others were under hand joyn'd in ye profitts of it, but because this may a litle touch upon his Father in Law, my Lord Chancell' " (who as to yo maine of y" King's business I have found a very good man, & have all waies lived very well with him, as 'tis necessary I should in yo Station I am in), I have rather chose to mention these Particulars in my private Lie, then to insert any thing of them in y” Narrative. By this it does clearly appeare that y” Commons were in ye Right in not suffering yo revenue of y” Citty to be misapplied, but it can no way justify them in y” turning out yo Recorder & these Aldermen without hearing them, what they could say in their owne defence. I must also observe to y Lóp, that after I had replaced y” Aldermen wo". I found thus illegally turned out, y” Commons of ye Citty, influenced by 3 or 4 factious persons, grew soe refractory in all things wo" might be expected from them by me, as upon every litle occasion they denied their concurrence w!" y” Mayor & Aldermen. One instance among others I will name, & ye rather because it may & will certainly have operation upon all yo Garrisons of this Kingdome =. This Citty, as all other Garrison Townes, have ever allowed fire & candle in y” Winter time to y Guards that are in their Citty, but this last Winter y” Commons refused in this to concurre wo y” Mayor & Aldermen, & so yo Soldiers went without it. Other things I could also mention, but upon ye whole it appeared plainly that that Common Councell, as then constituted & influenced, were absolutely resolved to refuse every thing that y' Governor should propose, soe as I could not but judge it necessary that some new constitution should be erected, or otherwise yo Governor here would be lyable to be affronted by them upon every occasion ; & indeed it seems one of y" most arrogant things that I have ever knowne, that because y” Privy Councell would not justify these men in what they had irregularly done, that therefore they should refuse all manner of compliance (as indeed they did) to y Lieu' & Councell. But to tell y Lóp truly (for since I am upon this subject I resolve to open all) upon what acc' these men were thus puff’d up, 'twas clear they were in great measure animated by Coll. Talbott, to whom they perpetually made their application, & he on his part encouraged them, & told them very freely, had he been in London, those new Rules won I framed had never bin imposed, & that he doubted not but by his interest they should quickly see them vacated. All this I speake not without booke, but can bring prooff for every particular. And now, having in my two Lies of y' 8" & 19th instant, & also in this woo I have now written, together wth y” severall Papers enclosed in them, given y Lóp a true prospect of y" whole matter, & not concealed yo faults of any, I shall be very glad to receive, as soon as may be, his Maj" cofiands what he will have done thereupon; but if any Orders shall arrive to yo first representation that I made of this matter wo" was by my Lie of yo 8th, I shall (unless some eminent necessitie should intervene, in weh case much ought to be left to discretion) respitt y” execution of them, till I hear that y' Löp has reëd this, hoping when you shall have time to compare yo whole, & all my Proceedings herein shall be considered, You will find me free from all partialitie; & whatever his Majesties finall determination shall be in order to yo Goverment of this Citty shall be most punctually observed & performed. In yo time of my Lord Berkeley's Lieutenancy, a direction came signed by S James Shaen (but by what Authoritie I doe not well know) that his Lóp should forbear passing of any Patents upon Certificates from yo Court of Claims ; & tho' to ye best of my remembrance I have not reëd any Orders to prohibite me from passing of such Patents, yet I have hitherto forborne y' granting of any. I might I thinke very safely upon this opportunitie, now that yo Committee of Inspection is superseded, proceed to yo passing CAMD. SOC. P WOL. I.
* Michael Boyle, successively Archbishop of Dublin and Armagh.
of these Grants, but I am unwilling to doe any thing of this nature w"out his Maj" permission, notwithstanding it is only a thing of course, & such as an Act of Parliament does order to be done, wherefore I humbly desire y Lóp to acquaint his Maj" therew", & signifie his pleasure to me in this matter.
The State of ye Recorder of Dublin's case, etc., enclosed to yo Earle of Arlington, July 22, 73. On ye 24th of November, 1671, Rules were made by y' Lord Berkeley, then Lord Lieu', & by yo Privy Councell of Ireland for y” better regulating yo Corporacion of y" Citty of Dublin, whereby among other things it was declared that y' Common Councell of y" sd Citty should be for ever afterwards annually chosen by y' Lord Mayor, woo yo advice & approbation of y" Aldermen, out of such persons as should be presented to them by y' respective Corporacions of ye sd Citty. Afterwards, there being severall objections made against y” said Rules, It was on yo second of March, 1671, Order'd by yo late Lord Lieu' & Councell that yo sá Rules should continue in force untill yo 24" day of March, 1671, & no longer, & that in yo mean time other Rules should be consider'd of at ye board for regulating y" said Corporacion. Afterwards, at an Assembly of ye sd Citty, held yo 29 March, 1672, upon a Petition offer'd by certaine of y" Commons of y" sū Citty ag' So Francis Brusler, Richard Tigh, Daniel Hutchinson, Marke Quin, Lewis Desmineer, Enoch Reader, & Josua Allen, Aldermen of y" sid Citty, concerning their Actings in relation to yo making & imposing yo sò Rules, It was order'd that yo sò Petition should be referr'd to a Committee of y" sū Assembly, to report their conceptions therein at yo next Assembly. Whereupon yo sid Committee met on y” first of April, 1672, & without summoning or hearing yo sá Aldermen made a report, that they were guilty of yo matters whereof they stood charged by yo sò Petition, And that they should answer ye same at yo next Easter Assembly, or els should then be suspended, if yo sò Assembly should thinke fitt. The next Easter Assembly was not to be held till yo 19% of Aprill, 1672: Yet at another Assembly held yo 3" of Aprill, 1672, yo sá seven Aldermen were, by y' order of y" sū Assembly, dismiss'd from acting any further as Aldermen, & others order'd to be elected in their places. And by another Order made yo sá 3" of Aprill, 1672, S William Davys was, upon a Petition of certaine of y" Commons complaining of severall crimes committed by him, dismissed from his Office of Recorder, & yo sò Office was ye same day granted to S' Ellis Leighton. And ye Office of Clerke of y" Tholsell, then held by Sir William Davys, was also by another order, made yo sò 3" of Aprill, conferr'd on Alderman Totty, then Lord Mayor. Afterwards, upon a Petition preferr'd to his Majestie by So William Davys & yo sò seven Aldermen, complaining of their being illegally turned out of their Places, His Majestie was pleased, by his Order in Councell dated yo seventeenth of July, 1672, to referry" hearing & determining of that matter to y” Lord Lieutenant & Councell of this Kingdome. Upon wo" Reference all Parties were fully heard severall days at yo Councell board here. And upon yo sit hearing it fully appear'd y' yo sò Recorder & seven Aldermen were turned out without hearing of them, concerning y” severall pretended crimes that were objected ag" them, & also without any prooff made thereof, or summoning them to make their defence thereto. And also that there were not above four Aldermen of y" sit Citty present at yo making of yo sit Order for turning out yo Recorder & these seven Aldermen, whereas by yo Customs of y" sd Citty yo number of eight Aldermen hath bin held necessary to make up a Table of Aldermen, who have a Negative Vote in all Affairs that pass yo Common Councell of yo sò Citty.
Whereupon, on yo 20 Septemb, 1672, It was declared by yo unanimous consent of y" whole board, That yo sò Proceedings ag'y" sd Recorder & yo sq Seven Aldermen in turning them out of their respective Places were irregular & not warranted, either by y' Laws of this Land, or by yo Customs & Constitutions of y" sit Citty, & therefore they did thereby restore them to their sd Places.
Which Resolution & Order of theirs was no other than what by Law they were warranted & obliged to make in this case. It having bin formerly adjudged, That in case a Corporacion have lawfull Authoritie by their Charter or Prescription to remove any Persons from their freedome or Places in such Corporacion, & have also just cause to remove them, Yet if it appeares that they have proceeded ag' them without hearing them answer to what is objected ag' them, or without reasonable warning given them, such a removing of them is ag' Justice & Right & Woyd, & shall not bind yo Party.
LXXV.--THE EARL OF Essex To CHARLEs II.
MAY IT PLEASE Yo MAJESTIE,
Since my coming hither I have allwaies chosen rather to represent things to y Majesties Ministers that at y' leisure y Majestie might from them understand yo state of y' Affairs in this country, then too often to trouble y' selfe wo my Lies; but there being something now of importance in relation to yo Goverment, wo" in my opinion deserves y Majesties serious consideration, I conceive it my duty humbly to lay before you in briefe some particulars concerning it.