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hands yo nomination of all yo Magistrates & Common Councell men. This Citty is growne very populous, therefore I conceive it highly necessary that something may be speedily done to setle y' govermo of it, wo" makes me desire y Lóp humbly to move his Majestie that, as soon as conveniently may, an answer be given to these Rules. And truly tis high time to put an end to this affaire, for I have had severall seditious papers dropt in ye Castle, & by other means come to my hands, wherein they seem to look upon themselves as if they were a free State, & yo severall Corporacions in yo Citty were in a sort litle Commonwealths, & that their representatives were only accountable to them, not owning that submission to yo Goverm' as is fitting. The Papers are large, but I have given you yo substance of them, y' y Lóp may see how necessary tis to have something resolved of, but I am sure, & you may rely upon it, that his Majestie hath entrusted his sword in such a hand who will rather perish then see his Majesties Authority slighted.
I am opinion that, considering y” greatness of this Towne & how dayly spreads it selfe, it were very fitt that his Maj" had a good Cittadell built here, wo" would not only for yo future secure yo quiett of y" Citty, but would be so firme a footinge in this Kingdome as his Majestie would never be in danger of loosing it, upon almost any revolution whatever. I know yo same has bin proposed by others formerly, but as y Towne grows more considerable, so yo reasons for it become still more pregnant.
I have yet had no answer from y Lóp concerning y' Farthings." They are a great cheat & burthen upon y” Kingdome as now permitted, therefore I wish y Lóp would mind his Majestie of this matter.
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* On May 17 he had written to urge that the new farthings should be like those in England.
In the 4th Rule for y” Regulating of y" Corporacions of y" Citty of Dublin, as followeth:
And wee doe hereby order & establish, That y” severall Guilds or Corporacions of this Citty, out of wo" any persons are now usually chosen to be of ye sd Citty, sometime wooin y” month of Novemb' next ensuing, & so from time to time wo"in every month of Novemb' we shall for ever hereafter be at ye end of every 3 years, from y” end of y" month of Novemb' next ensuing y” date hereof, shall elect & nominate double yo number of persons usually chosen out of each such Giuld or Corporacion into y” Comon Councell of this Citty, & by yo Masters & Wardens of each such Giuld or Corporacion shall, sometime within ye month of Novemb', present yo names of such persons soe elected to yo Lo Mayor of this Citty for yo time being, who is hereby authorised & required in the presence of one of the Sheriffs & eight of the Aldermen, before y” 24" day of Decemb' then next ensuing, to elect out of y" persons whose names shall be so presented ye number of Persons usually serving in y” Comon Councell of yo Sá Citty for each such Giuld or Corporacion respectively, wo" Sd persons so presented & elected shall be by vertue of that Election for 3 years then next ensuing, & no longer, of y" member of y" Cofions or Cofion Councell of y" Sá Citty.
Conformable to this Rule, y” Lord Mayor, on ye 28 of Novemb" 1672, in ye presence of y" Sheriffs & eight or more of y" Aldermen, & whitheir consent, did elect thirty-three, being y” full number, to serve as Common Councell men for y” great Giuld, among whom were ten or eleven of y" Roman persuasion. Afterwards, on yo 18 Decemb', y' Lord Mayor call'd a Table of Aldermen, &, one or both of y" Sheriffs being present, did acquaint them that he was in a mistake in asking their consents to ye Election, for that y” sq Election was by y” Rules solely entrusted in himselfe, only limited to be perform'd in yo presence of 8 Aldermen & one Sheriffe, & accordingly then proceeded to a new Election, & went through w" it not only for yo great Giuld, but likewise for all y other Giulds & Corporacions, compleating yo number of ninety-six, & in this Election left out all those of y" Roman persuasion. Again, on yo 20 Decemb', my Lord Mayor call’d a Table of Aldermen, yo Sheriffs too being present, & told them that he found himself in an error in what he had done two days before, & that he was now satisfied he ought to have their concurrence in yo Election, & then proceeded on y” worke he had begun y 28 Novemb', & elected y” others who were to serve for yo rest of y" Giulds, wo y” consent of y" Aldermen & Sheriffs, soe as there were then two elections in being, one made by y' Lord Mayor in yo presence & woo yo consent of a Table of Aldermen & Sheriffs, & another by y' Lord Mayor singly, in yo presence of a Table of Aldermen & Sheriffs. By yo former of these, wo" was begun first but perfected after yo other, there are severall Romanists nominated; by yo latter, wo" was begun after, but compleated before yo other, all those of y" Roman persuasion are omitted. Thus far was transacted purely among themselves. On yo 28 January following the Lord Mayor acquainted me that in obedience to yo Rules he had with y' consent of a Table of Aldermen & Sheriffs, elected ye Cofiñon Councell men, & that among them there were ten of y" Roman religion, woo I order'd him to certifie under his hand, & upon his certificate I granted my order of dispensation from taking y” Oath of Supremacy, & directed him to proceed to yo swearing of them. All those of yo Roman persuasion have taken their Oaths as Cofion Councell men, but a great number of y" others refuse to swear, & particularly except ag' that short Oath enjoyn’d by y' Rules, viz.: I A. B. doe declare & believe, That it is not lawfull, upon any Pretence whatever, to take Arms against the King, And that I doe abhorr that traytorous position of taking arms by his Authority ag' his Person or ag' those that are commissioned by him, wo" Oath I must observe to y Lóp is imposed on all y Corporacions of England, by a Statute made 13 Car. 2", Cap. 1." * The Corporation Act.
A Lie was lately written by yo Privy Councell to yo Citty, recommending to their care yo making of a way, wo" would be very necessary & of advantage to yo Towne; To won ye Lord Mayor, & Aldermen made this returne, that they found yo Sd way would be of great use to yo Citty, but they could not proceed in it without yo consent of ye Cofion Councell, who had bin severall times summon'd, but they could not get a compleat number of them to meet; whereupon yo Privy Councell directed yo Lord Mayor to make a generall summons of them all, & in case they should not assemble, to returne the names of those who neglected to meet, as also of those others who refused ye Oaths.
Accordingly they were all summon'd, & on Munday y 30th of June, there were assembled 45 Sheriffs, Peers, & Commoners, who, as soon as they were together, voted themselves an unlawfull Assembly, & would therefore Act nothing. The Mayor has since bin wo me, & acquainted me wo their Proceedings, & tells me that he believes, if yo other Election made by himself, without yo consent of y" Aldermen, & wherein all yo Romanists are left out were confirm’d, yo Citty would rest satisfied; but finding this matter something intricate, I have forborne to Act any further in it, & doe humbly submitt it to his Majesties consideration.
State of y" case of y" Citty of Dublin, enclosed in yo foregoing Lie to my Lord of Arlington.
LXX.—THE EARL of EssEx To THE EARL of ARLINGTON.
MY LORD, Dublin Castle, July 15, 73. # + * k -k
And now that I am upon this subject, give me leave to offer to y Lóp my opinion, what I conceive fitt to be done in cases of this nature. To my best observation, there are few things give
CAMD. SOC. O WOL. I.
more hindrance to yo improvement of this Kingdome then this won is now so frequently practised. Men pretend discoverys of lands here wo" belong to yo King, & upon that procure Lies to pass Grants for them. When these Lies arrive here, their usual Plea is, Let me have ye benefitt of my Lie, & if it prove that his Majestie hast no Title, yo King has given nothing, & there is no hurt done. This & such other like arguments have, I find, prevail'd to pass , many unreasonable Grants here, some wherein his Majesties Title has been dubious, & others wherein indeed yo King has had no Title at all ; howevery" countenance of a Grant under ye great Seale has bin so good a colour of Title as to enable them to commence suits wo y” possessors of these Lands, who, if poor, & not able to contest, have bin necessitated to compound ; nay, there are some cases wo" might be instanced wherin Patents have bin granted for Lands to wo" yo King had no right at all ; but yet yo Persons who had these Grants being great men, & those whose Lands were pass'd being meane, & not able to wage Law woo them, have bin forced after many vexatious suits to submitt, & part w" their Lands for 2 years’ Purchase. This having bin yo case of many men here, I shall venture humbly to offer my thoughts what may be y' most proper course to prevent yo like hardships upon yo People. Whenever any of these Lies shall be received, I conceive it fitt in yo first place ye Lieu' informe himselfe from yo severall Offices of y" King's Title to yo Lands intended to be given ; & in case his Majesties Right appear clear & undoubted, ye Grant may then pass, but if any question doe yet remaine, it may be proper to have his Majesties Title first found by an Inquisition before yo Grant be perfected. . This, in my opinion, is soe reasonable, & may be of so much benefitt to yo subject, by preventing many chargeable suits, wo have bin created in this Kingdome, by reason of Patents surreptitiously gain'd, as I purpose to forme it into a method, such as may serve to direct both my selfe, & others who succeed me in
this employment, how to proceed in cases of this nature. # * # + *