Certain speeches made upon the day of the yearly election of officers in the city of Gloucester ... by John Dorney, Esq. ...

V. Jaspero Clutterbooke Arm' Majore.

GEntlemen and friends who attend these solem∣nities. * 1.1 Although I need not tell you what the occasion of this meeting is; yet I shall with your good leave take an occasion from the same to speak somewhat unto you of such anniversary Elections, and then acquaint you with the names of the persons elected and chosen to bear Office amongst you for this year next following, accord∣ing to our Charter; which being done, I desire with the favour of the new elected Officers to addresse my self unto them in a few words of ad∣vice, and so to conclude. In all which I purpose to be short and yet plain. And first being to speak upon the Theam of anniversary or yearly Elections, I hold it not improper to propose some particulars to your considerations of Ele∣ctions in generall.

1. That there are Powers and Authorities ex∣ercised in Civil societies, that are not by Electi∣on; some Jure naturali by the Law of nature, as the power of parents over their children, and some Jure gentium, as the powers of the Conque∣rors over the conquered: Here grew Potestas Dominorum in servos, the power of Lords over their slaves or villains, which was much known in the times of our Ancestors, and our Law-books have many cases concerning them; whence I collect that the beginning and cause of villenage or servitude to be this, That there was a great measure of community of things till Noah's flood, but afterwards, by the multiplication of

people, came in a stricter property, and holding of things more in severalty. Then people not being contented with their own, there arose bat∣••els, and thereupon a constitution of Nations was made, that those that were taken in battell should be saved alive, but yet be bondmen for ever to those that took them, to do with them and theirs as they pleased. And therefore some Etymolo∣gists hold they were called Servi, potius à Servan∣do quàm serviendo. Now in regard of the tyran∣ny and cruelty of Parents and Lords in the exer∣cising of these powers and Authorities, there have been positive Laws and Constitutions made in severall States for bounds and limitations of them.

2. That in Powers and Authorities that are Jure civili vel Positivo, there Elections have place. Of the antiquity and necessity of Government you heard from the Minister in a learned Dis∣course * 1.2 this morning; now I shall adde, That originally persons came to govern by Election, for although at first when there were but a few families in the world, then the Patriarchs and Heads of families governed without Election; yet afterwards when the world began to be peo∣pled, then families grew into Societies, and made one great family as it were; and thereupon by the common agreement of the people One was set up, Penes quem imperium foret, that should have do∣minion over the rest for the better keeping of peace and order amongst themselves, and the pre∣servation of them from violence of strangers, who was to act in such manner as was agreed upon. And I make no doubt but the Monarchies that now are hereditary, and go by succession,

were at first either by Conquest or Election, or both, the people assenting after, which was in na∣ture of an Election: And the peoples chusing of one to bear rule, and investing him with power and authority, must needs have an influence upon all the subordinate and derivative powers and au∣thorities which he is necessitated to make and use as helps in government, as Moses who is cal∣led King in Jeshurun, or among the righteous, by the advice of Jethro his father in law, did: And the Minister gave a good reason for it, Because where one is to govern a great people the bur∣then is too heavy for one mans shoulders, where of some in this Kingdom are by the Common law, or the general customs of the Realm, some by particular customs of places, some by Statute law, some by Commissions, and some by Charter.

Elections are manifold and various, both in respect of the Electors and the manner of Electi∣ons; as sometimes Elections by Wards, by Pa∣rishes or Hundreds; answerable to which there were amongst the Romans their Assemblies cal∣led Connitia tributa, curiata and Centuriata; also * 1.3 sometimes by Counties: And in respect of the manner, sometimes by Votes, sometimes by holding up of hands, sometimes by Lots; and that several * 1.4 waies, as by white Beans, as of old among the Athenians in chusing of their Senators; and sometimes by guilded Balls, as now is used a∣mongst the Venetians in Election of young men to the participation of the City rights and liber∣ties: But where the Elections are by Charter, such as our Election is, as well the Electors as the manner and formalities of the Election are prescribed also. In some places according to

their Charters the Maiors, Bailiffs or other Offi∣cers of Corporations are chosen by the Commi∣nalty or Burgesses, and in others by a certain number of them: And so it is with us, for our Charter having appointed the Common councell to be the Representative body of the Burgesses, hath also appointed Twenty four of the Common councell only to be the Electors. And let none of the Common Burgesses repine thereat; for in most places where the Elections have been left to all the Burgesses by the Charter, yet by experience it hath been found, that in those places, the usuall Elections have been and are by a selected number, * 1.5 and such Elections have been held good in Law, and to be warranted by their Charter upon a presumption that there was at first (by the com∣mon consent of the people) some ordinance and constitution made amongst them for it, to avoid popular confusion. And as our Charter appoints the Electors to be of the Common councell, so that the elected shall be of them too, as being deemed the best sort of Citizens, as the Magi∣stratus Patricii in Rome were chosen out of the better sort of Romans.

4. Elections are to bear Offices either Judici∣all or Ministeriall or both in different respects; of which nature all ours are, that are now to be undertaken upon this Election, excepting only Master Maior. And yet (in a sense also) he may be said Ministeriall, and that not only in regard he is subordinate to higher Powers (as the Scri∣pture speaks of Kings and such as are set in Au∣thority under them) but also in respect of the people over whom and for whom he is to govern, in which regard the Apostle cals the Magistrate,

〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, The Minister of God for good.

These things concerning Elections in generall being premised, now I come to speak something of what I promised concerning elections annuall or renewed, year by year: touching which you must know, that our Common Councell is not cho∣sen yearly as the Senators of Athens of old were, or those of London lately. And now I speak of London, how can I name it without an honourable thought or Christian sympathie? when I consi∣der their labour of love towards us, and their sin∣gular piece of service in the relieving of this Ci∣ty, by raising the siege that was against it? and how can you do lesse, then with me to render a thankfull acknowledgement, and afford them hearty well-wishes of peace and prosperity? I could expatiate my self in the praises of that mo∣ther City, but I should make too great a digression, and therefore I return to the point of Annuall Elections: Our Common-Councell-men are to continue for life, unles removed for some just cause; but the Officers now chosen, are but to con∣tinue in their places for one whole year, and who knows whether they shall so long: for you know that one of the Sheriffs this year M. Henry Ellis by name, had his Writ of discharge and died in his Shrievalty: but being sensible thereof, and not contented with his expressions of his love to this City before, and out of his zeal to advance mer∣chandizing therein after his decease, he made some provisions for the same in his Will, out of his adventure at sea, thereby leaving a good ex∣ample to others, and a memoriall to posterity of his publike spirit and good affection to this place.

Now for the ground thereof, I conceive this an∣nuall election was instituted out of politicall prudence, both in favour to the Officers them∣selves, that the burthen of care, expence and trou∣ble incident to the execution of those Offices, might not lie so long upon them as to oppresse them, or endamage their estates; and in respect to the people that are to live under this govern∣ment; that those that bear Office having so short a time, may be the more active for their good, and lesse inclineable to break the rules of Justice and Equity.

Now although there is an yeerly election of Officers amongst us, yet it is not at their election to govern or execute their Offices by an arbitrary power, for there are known rules of proceeding and acting, partly by traditionall customs, which are unwritten Laws, as sometimes the Lacedemo∣nians were governed; and partly by Laws, which are a written custom as the Athenians; yet there is not amongst us as it was amongst the Athenians, an 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, an yearly consideration and change of Laws, wherein the people had a great suffrage; for although (pro re natâ) as oc∣casion requires, our Ordinances of Common-Councell and by-Laws of the Leet may be alter∣ed, and others made pro bono regimine & guberna∣tione (they are the words of the Charter) the good government of the City; yet in matters Judiciall, where we are to follow the example of the supe∣rior Courts (be they Criminall or Civill) there is one rule and set form of proceeding and judge∣ment; and therefore all such Causes as those Criminall and publike Causes in Rome, may be called quaestiones perpetuae.

By this time I think you desire to know who are the Officers for the year next ensuing; and according to promise I will acquaint you there∣with: the Names of them are these—

Now Gentlemen, you that are chosen to these Offices, give me leave to tell you, that the wishes and hopes of the Electors and of those present and absent, are and will be, That your carriage during the continuance in your Offices may commend their choice. And if please you to have patience to hear a word of advice from me to further the same, it shall be dispatcht, in presenting to you one single (and yet in my judgement singular) rule for your observance, that is, In all things to use a mediocrity, and keep the golden mean, which is a thing as beautifull in the eye of a mo∣ralist, as a symmetry and due proportion of mem∣bers in a naturall body; whereunto Keckerman compares it. I would not be mistaken as if I in∣tended hereby to commend unto you a detestable neutrality, or a lukewarm Laodicean temper of spi∣rit, after all your Covenants and Engagements to and with God and man, instead of a spirit of zeal, and a conscionable and vigorous perfor∣mance of your duties; I mean no such thing: but my meaning is, that you should inter utrum{que} tenere, keep your selves from running upon ex∣tremes, to steer the vessell in the midst of the channell, that it dash not against Scilla, nor be in∣gulfed in Charybdis; wishing you may have knowledge and prudence therein to be your guides, and the glory of God and the publike good your ends. And that I may more explain my self by descending to some particulars:

1. In Religion, that you keep a mean; not that

I would have you regardlesse thereof, to be like Gallio in the Acts, to care for none of those things, whether people came to the Congregation or no, or unresolved men in the points of the object and manner of your Worship, as the Is∣raelites in the time of Eliah, who were said to halt betwixt two opinions; but yet to keep a medi∣ocrity in your opinions and practices, considering that what Aristotle said of Vertue, that it was ha∣bitus in mediocritate positus, that may be also said of Truth. Truth and Vertue are betwixt errors and vices on both hands, and therefore in Scri∣pture we read of deviations and turnings aside to the right hand and the left, yet although they are in the middle, they are distanced from the ex∣tremes by a Geometricall proportion, having more cognation and affinity with the one then the o∣ther, as the instance may be given in liberality, whereunto prodigality comes neerer then covetous∣nesse. Therefore in respect of your selves, you are to keep the midway betwixt irreligion and supersti∣tion; not to be prophane, or as Horace saith, parci deorum cultores, sparing and niggardly worshippers of the deity, nor yet such as the Apostle Paul cal∣led the Athenians in the Acts, 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉; * 1.6 we read it too superstitious, but Beza translates it quasi religiosiores too religious: You are not to place your religion in what you ought not; to make more sins then God hath made, nor lesse, but 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 to go with a right foot according * 1.7 to the truth of the Gospel.

And in respect of others; that as you are not to patronize or countenance error or heresie in any, yet on the other side you are not to be of the temper of spirit towards all dissenters, as those

Disciples were of, who would have 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, fire come down from Hea∣ven upon the Samaritans, but to use a moderation as lovers of truth and peace. And (if I may be so bold as to explain my self) I would say, that as you are earnestly to contend for, and constantly to hold fast unto the truths of Christ, so you are diligently to seek after, and carefully to conserve the peace of Christians. Perhaps, in the time where∣in, and place where you shall bear Office, you may meet with some dissenting brethren of the same religion, then if you shall finde the diffe∣rence to be in points that are disputable, and as yet determinable, or that the truths concerned are of the lesser magnitude and inferior nature, so that the errors you shall discover be not in the fundamentals or touch not upon the vitals of our religion, and they are not maintained with that pertinacy, as the consequence thereof may be any notable disorder or disturbance of the civill peace; then if I may declare my opinion (and I think it differs not from that of learned M. Cot∣ton,) you are to be as studious of unity as zealous of uniformity.

2. In matters of Justice the Minister told you well of your duty in execution of Justice, and the blessings you and the people might expect there∣by. Now I shall say that you may so do, you are to keep the mean, that in the administration of Justice both in the matters of the Crown, and civill causes betwixt party and party, there may be indifferency and equality, that in the punish∣ment of offenders there may not in the balance of Justice be underweight made through fear or favour, nor yet overweight made through igno∣rance

or malice; that a mean be kept betwixt foolish pity and severity: the Wise man (that Kingly Preacher) said, ne esto justus nimium; for as peccata non sunt equalia, so there are many cir∣cumstances that tend to the extenuation or ag∣gravation of offences, which not being consider∣ed, you will fall under that rule, summum jus sum∣ma injuria; for, streyning all cases up to the extre∣mity of Law, may in some cases be little lesse then injury; an Emblem of this moderation you have in the Romane fasces and securis, an axe wrapped in burchen rodds, which was carried by the Lictors (in nature of our Serjeants) first be∣fore the Kings of Rome, and afterwards before the Consuls: and M. Godwyn in his Romane Antiqui∣ties gives this reason, to intimate the different punishment that belonged to the notorious, and petty malefactors; and another reason he gives too, that the anger of the Magistrate might be somewhat abated, whilest the rods were unbinding. And for an example you have Solon the just, the famous Lawgiver of the Athenians, who took away and abolisht 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, the cruell Laws of one Draco, who punished all offences great and small alike.

And as touching the deciding of Civil Con∣troversies, that the scales of Justice may not turn with the touch of by-respects, but onely with the just merits of the cause. Now that you may have so just a ballance and rightly make use of it,

1. You are to look upon the Laws with a ju∣dicious eye; for as you heard this morning, to follow your own will and not the will of the Law is not justice; you are therefore to look upon the Law, not only the letter, for Qui haeret

in litera haeret in cortice, but on the sense of the Laws, and the ground of the making of them.

2. To look directly on the cause, and not ob∣liquely on the person, not to have a 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, a respect of persons in judgement.

3. Not to look on things and actions in ab∣stracto, nakedly and barely, but in concreto, clothed with accidents and circumstances.

3. As touching the collecting, receiving in and laying out of the profits and revenues be∣longing to this Corporation, that there be a mo∣deration used, not to be too slack or remisle in Receipts, or too profuse in disbursements to the pre∣judice of the Chamber, nor yet too quick or sharp upon the Tenants in gathering in, or too nig∣gardly or sparing in laying out to the dishonour of the City. And there is a thing called Hospitality, if there were any need I should say thus much, that (respect being had to the credit of your places) it is not be mean, and yet a mean is to be kept therein, not only in respect of your estates, but also the present condition of the times, as you were seasonably admonished lately by a re∣verend Divine in publique.

4. That in your generall carriage and con∣versation a mean be kept, that you be not of a haughty or harsh spirit, for though you are lifted up above others in place, yet you are not to be in minde: A Magistrate is to have spiritum magnum, a great spirit, but not spiritum elatum, a proud spirit, but to be meek, humble and affable, which will adorn Magistrates as well as others, and such vertues are not 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, but well may consist with Christian courage, yet I would not have you neglect the respect due to your places out of

pusillanimity in vindication of your selves, or an affectation of popularity how to preserve your respect, you were well taught by the Minister. And you are to know, that demeanure is best in a Governour, when it is so tempered as it at∣tracts both love and fear from the inferiours.

These things I have proposed unto you in ge∣nerall, desiring you to make application in your severall places, reddendo singula singulis.

And now I think it time to wind up all, and it shall be in the expression of the Poet,

Sit modus in rebus; medio tutissimus ibis.

I speak it to each of you, to keep the mean is the safest way, and not only so, but also comfortable and profitable for others, if you shall so de∣mean your selves with a wise moderation. As therefore amongst the Ancients (in some places before the knowledge of writing and printing) it was a custome to sing the Laws that they might not be forgotten, so the people may have cause to sing that you have not forgotten the Laws and laudable examples of your prede∣cessors, and the good customs of this City: to the observance whereof each of you is to be obliged by a solemn oath, which is ready to be now ad∣ministred unto you.

Notes

• * 1.1

  Octob. 4^o. 1647.
• * 1.2

  M. Nelme.
• * 1.3

  Rom. An∣tiq.
• * 1.4

  M^r Rous in his Ar∣cheolog. Attic.
• * 1.5

  See the Case of Corporati∣ons Co. 4. Rep. 78.
• * 1.6

  Act. 17. 22
• * 1.7

  Gal. 2. 14.