Lord Howard of Walden's Admiffion by Proxy. fummons to parliament. Having at laft difcovered, among the Harleian MSS, this fingular, and, I believe, only inftance of fuch an admiffion, in a much fuller and more ample manner than is related by Camden, I beg you will infert it as a matter that may at leaft amufe those who are as curious as myfelf. I therefore fend it in the old fpelling. Yours, &c. Harl. MS. 6227. P. 204. The Creafyone of Thomas Lord Howard of Waldene, by write in parlemente, and by deputy or proxey, by refon of bis fycknes. By the efpeffyall grace and comaundemente from the Queenes most exelente Majeftie, the Lord Thomas Howard, knighte of the most noble ordere of the gartere, eldefte fonne to the late Duke of Norfoke, by his fecond wyfe the daughtere and heire of Thomas Lord Audleye of Waldene, fometyme lord chanfelore of England, was, by her Majefties writte out of the highe court of Chanforye, bering date the 7 daye of December, 1597, directed unto him by name of Thomas Lerd Howarde of Waldene, chevalier, firft called and fummoned to the parleamente, the fayd Lord Thomas Howarde, by refon he was then viffeted with extreame fycknes, he obtayned lycence from hir highnes to make his deputation or proxeye under his fealle of armes, unto the Lord, Scroope, to be admytted in parleament for him in that behalfe; wherfore, upon Wenfdaye, the 7th of December afforfaid, Gartere princepall kinge of armes was comaunded to attende at the parlcamente chambere, in his coat of armes as accuftomed, and the Lord Cobham and Lord Buckhorft, at their efpeffy all requeste, in all honor for this behalfe, did put one their robes, who lede and conducted the faid Lord Scroope, deputye to the faid Lord Howarde of Waldene fo abfente and fycke, wher, after licenfe graunted to the faid lords, entered Gartere going before them, bearing the Queenes Majefties faid write in his hande. And after three obeyfances made by them, in proceeding they came before the lord keeper, where Gartere delyvered the faid write to the Lord Scroope, who, kneeling downe, delivered the fame to the faid lord keepore, and fo food up. Then the faid lord keeper commaunded the clerke of the parleament to bring the deputation or proxie, wherto his lordship pronounced and declared her Majefties most princelye and grafyous pleasure, for the admyttynge of the faid Lord Thomas Barron Howard of Walden, and to take his place in parleament; and that the faid Lord Scroope fhould be his lawfull deputye in that behalfe; fe the faid GarCobham and Lord Buckhorßte, who tere proceeding before the faid Lord leade the faid Lord Scroope unto the place appoynted for the Lord Howard of Waldene to fytt in parleament next unto the Lord Nor is of Ricote, wheare the Lord Cobham did alfo then fyt for a tyme, beneath the faid Lord Scroope deputy for the Lord Howard, in robes, and after retorned agayne to his one place, puttynge of his robes. MR. URBAN, OUR learned correfpondent OneYo ferves in your Magazine [vol. LVI. beyenfis, for fuch indeed he is, obp. 924.] that Mr. Pegge, in his Ellay on the Hints-block of Lead [vol. XLIII. p. 61.] has not taken notice of that part of the infcription which appears on one of the fides. This is very true, in regard to the paffage in the Magazine; but then that gentleman has delivered his opinion concerning the letters DECEA G, in his Effay on another Pig of ancient Lead found on Cromford nether Moor, in Derbyshire, anno 1777, and has ventured to conjecture that Deccang might perhaps be the old Britib name of Wirksworth. Archeologia, Soc. Antiq. Lond. vol. V. p. 376. We are highly obliged, fir, to Onebeyenfis, for his curious obfervations en the fubject of Roman lead difcovered in this ifland; and I wish to thank him for them. However, if it be in his power to gratify us therein, it would give further, fatisfaction were he to inform us, by the channel of your Maga zine, of the weight of the Shropshire Pig he speaks of, and whether it be dif been caft at different times, as the Dercoverable, upon infpection, that it has byshire Pig appears to have been. [See Archæologia, p. 377] Thefe feem to be two very material points. I am, Sir, yours, &c. T.Row. **The Correfpondent, who seen s hurt at the freedom of expreffion in Lord Bu chan's fpeech, fhould recollect, that he can himfelf, upon occafion, write what, on reflection, he must be afhamed of. We have no room for any more favours from THE TRIFLER. THE Reflections on the Conftitution of Incorporated Boroughs. MR. URBAN, Dec. 30. 'HE difquifitions of. every writer, however executed, neceffarily produce fome benefit to the public: for if wrong principles are affumed, or right ones mifapplied, numbers will always be found ready and able to expofe and confute them; and, on the other hand, the caufe of truth and justice will never want a patronage adequate to its fupport and defence. Thefe confiderations make the writer quite eafy about the reception which the following reflections may meet with from the public. The fubject, in his opinion, deferves to be closely inveftigated; and he very much wishes to draw on it the attention of competent judges. If ignorant or mistaken, he defires to be rightly informed; but if engaged in a right and juft caufe, he doubts not but he fhall receive, in due time, the fupport of able advocates, and the fuffrages of the difinterested, and enjoy at all times, as he doth at prefent, the pleafing confcioufnefs of having endeavoured to do what he thought to be his proper duty. His chief and fole aim, in making the following reflections, being the establishment of truth, liberty, and happiness; the confirmation or confutation of the principles that are applied (whichfoever fhall be found moft conducive to the principal object) will be equally acceptable to, Mr. Urban, your moft humble fervant, EREUNETES. Reflections on the conftitution of incorporated boroughs, and the powers vefted in the officers or perfons who manage their concerns. THE power of erecting corporations is, under certain reftrictions, vested folely in the King; and this power he exercifes by virtue of his royal affent, given implicitly or explicitly. When corporations have exifted from time immemorial (though they may not be able to produce a charter), they obtain what is called a prefcriptive right; but when they exift by virtue of the grants of for mer princes, or their parliaments, they are faid to exift by the force of common law. To all corporations of thefe two forts, the prefent reigning prince gives his implicit confent; that is, (though he hath not given his confent in reality, yet) he gives it by implication, or is Jupposed to have given it, becaufe he doth not interpofe his authority to abridge or revoke the privileges that have been enjoyed and confirmed by preGENT. MAG. January, 1787. 9 Jeription, or by virtue of the common law. But this confent is then faid to be given explicitly, when it is expreffed in an Act of Parliament, or by Royal Let ters Patent, conftituting a charter of incorporation, the form and efficacy of which are derived from the reigning Sovereign's will, ruled and guided by the principles of the constitution. At what times towns and diftri&s, or rather those who refided in them, were first erected into corporations, and what were the particular reasons of their incorporation, are perhaps questions of difficult folution; or could they be afcertained, the utility of the answers would fcarcely repay the toil of inveftigation: It is of much more consequence for us to enquire, What was the nature and extent of their original conftitution; whether, and bow far, they have devi ated from that ftate; what causes have produced this deviation; and whether fufficient reafons can be affigned, at this time, for their being ill preferved in a ftate of incorporation. I mention thefe different objects in this distinct manner, as being worthy of the difcuffion of fome able pen; not intending myself to enter far into the fubject, from a confcioufnefs of my inability to do adequate juftice to the feveral parts of it. In order te afcertain the original conftitution of our incorporated boroughs, I think it will be useful to begin with defining, as accurately as we can, what we may fuppofe muft have been the nature of fuch corporations. Now, though I am not much verfed in the language of charters, or the hiftory of the particular periods when they were granted, I think fuch a definition may be fairly collected from confideration of the origin and end of all juft government, viz. the happiness of thofe for whom it is inftituted.-On this ground then I fix my foundation, and define in this manner: "A Lay Corporation (fuch as all our incorporated boroughs are) is a collection, number, or aggregate of individuals, endowed, by virtue of their Sovereign's implicit or explicit confent, with certain immunities or privileges, confif tent with the public good, and calculated to fecure and increase the particular happinefs of the incorporated aggregate.” This definition may poffibly be caviled at, as not being ftrictly applicable to corporations, as they are constituted by their present charters: but this ob jection 10 Reflections on the Conflitution of Incorporated Boroughs. jeation doth not affect my main point; for if corporations are conftituted on principles inimical to the public good, they either ought not to exift, or fome fandard, fome criterion, must be ascertained, whereby they may be reduced to their juft principles; and I know no other meafure, by which the equity or iniquity of their conftitution can be fairly estimated, but the public conflitution of the whole kingdom at large wherein they exift. Some alfo, I expect, will fay, your definition is wretchedly indefinite and defective; for where are your aldermen, your magiftrates, your common council-men, your heriffs, bead-boroughs, bailiffs, mayors, &c.? Indeed I do not know where they are: Government, in its primitive fimplicity (much more gentle and moderate than many of our governors) knows nothing of fuch names, but leaves them very properly to become the creatures of the aggregate.. Others exclaim against my definition, as being too comprebenfive, including the rabble-rout and a parcel of raggamuffins; but foftly, Government, whatever its agents may do, doth not call names, nor doth it acknowledge any diftinctions of rank and fortune, but generously puts all men on a footing of equality, giving them all a common and equal right to all the immunities, privileges, powers, poffeffions, lands, revenues, &c. &c. that belong to the aggregate.-If the aggregate, for the fecurity and improvement of their property, choofe to appoint of ficers of certain names and defcriptions, and duly recompenfe thun for their fervices; thofe officers, in all reafon, mult be fuppoled to be fubject to the controul of that aggregate, or the majority of that aggregate. But, befides thefe of jections, the foregoing definition will, it is prefumed, be found quite repugnant to the ideas vulgarly entertained of corporations, and the language often ufed in defcribing them. Ak of the generality, and especially the generality of thole who are commonly fe-elected (but who ought to be elecled and appointed by the free fuffrages of the majority be longing to the incorporated body) to manage or prefide over corporate bodies; I fay, afk the generality of thofe, who are the members of the corporation? I believe you will find, that nineteen out of twenty will mention no more than the aldermen or magiftrates, that is to fay, perfons arrayed in certaia, babits, and invested with certain powers. But I humbly conceive and hope, that there 1 is no more propriety in this affertion than if they were to fay that corporations confifted only of the common beadles or ferjeants at mace. For if this idea, viz. that magiftrates alone conflituted the whole aggregate of a corporation, were ftrictly juft, as their powers commonly extend to and affect others befides the members of the corporate body, wretched and miferable indeed must be the lot of thofe individuals, who, making no part of this corporation, yet unfortunately refide within the Emits of its jurifdiction. To be fubjected to fuch a state of go. vernment, without er against one's own confent, what is it but to be fubjected to the worft fpecies of flavery? I do not fay, or fuppofe, that a few individuals, thus incorporated and endowed with powers over the inhabitants of certain diftricts, neceffarily are, or would be, weaker or more wicked than other inhabitants of the fame diftricts; nor do I imagine that they would venture to make laws contrary to thofe of the public community, becaufe they would be apprized that all fuch laws, by their very nature, would become invalid and of no force. But why fhould individuals, of any defcription, either affume, or be endowed with, a right of leg flating for others, whom the public community leaves at liberty to legiflate for themfelves? If corporations, i. e. the magiftrates of thofe corporations, have an abfolute right to legiflate for all the inhabitants within the limits of their jurifdiction, without or againfi the confert of thofe who refide within thole limits, (as they feem to arrogate in their common practices,) then I think it may be faid, that they exift as imperia in imperio, which, if I mistake not, is too grofs a folecifm to belong to, or to be tolerated by, the British conftitution. All undefined power being of an engroffing tendency, might not perfons invefted with it, if capricious and incompetent, be themselves prone to enjoin, and, by the dextrous ufe of cajolement and mifre prefentation, engage their fuperiors to countenance them in the enforcement, on the inhabitants of incorporated diltricts, fuch rules and ordinances as would become intolerable grievances,defìructive of all the moft valuable pri vileges and comforts of focial life? (To be concluded in our next.) Mr. URBAN, Dec. 2. SEND you a tranflation from an original French manufcript, written by an Tranflation of an original French MS. on the Siege of Dunkirk. fi an inhabitant of rank at Dunkirk, and contemporary with the fiege.. As it refers to part of our English hiftory, I judged it fomewhat interesting; and the fketches it conveys of the character of Oliver Cromwell, &c. may be entertaining from the pen of a Frenchman. Yours, &c. OBSERVATOR. 1655. THE Marquis de Lede, Governor of Dunkirk, was fent embaffador, extraordinary to Oliver Cromwell, in order to propofe to him a treaty of alliance with the King of Spain his mafter; but not fucceeding, he returned to his government, and hereupon all the effects belonging to the English were feized in the Low Countries, and immediately letters of marque were iffued out against the English. On the other hand, France concluded a treaty with Cromwell, a particular object of which was the joint attack of the town and harbour of Dunkirk: the English at the fame time fending out a large fleet against the Spaniards. 1656. During this time the Dunkirkers took a great nuinber of rich and va luable prizes from the English, in particular the Greyhound armed veffel, which was blown up, and all the crew perished; likewife the Rofe Eaft India hip, homeward bound, was attacked and funk; with many others. The political Cromwell was greatly disturbed at thefe loffes, which his known cunning and precaution could not however pre vent. In the month of July, Cromwell fent a fleet of fhips to block up the part of Dunkirk; but being driven back and difperfed by a ftorm, they were replaced by twelve fhips of the line for the fame purpofe. The Spaniards perceiving now the defigus of the French and English were to attack the place, confiderably reinforced the garrifon, fo that even private houses were obliged to take in fol diers. 1657. The English ftill blocked up the harbour with feveral fhips and fri gates, notwithstanding the privateers palled and brought in many prizes. Upon which the fleet came nearer to land, and kept a better watch; in consequence whereof, Capt. Sivart perhaps Stuart] took in April a Spanifh fhip of 33 guns, and another richly laden. The fleet of Lord Montague continued cruifing before the port of Dunkirk, and Cromwell about that time fent over 6050 mer, under the command of Sir - —— Rey• 4 nolds. These were ten regiments of chofen men, having orders to obey the French General, and were to be aiding and affifting, before the end of the campaign, in the reddition of Dunkirk, which was to be delivered up to the English. The Prince de Condé, who had revolted against his lawful sovereign the King of France, came to Dunkirk, in order to undertake its defence; which the Marefhal de Turenne obferving, he put his army in motion, and arrived on the 30th of September before Mardycke; the next day he opened the trenches, the lines of approach having been compleated in twenty-four hours: he battered the wooden fort on the fea in fuch a manner, that the garrifon took to their boats, and the few that were left were taken prifoners. The principal fort made a vigorous defence, but at last was obliged to furrender at difcretion, a great number of officers and 387 privates were made prifoners, and fent to Calais. Don Juan de la Torre, the Governor, was fent to Dunkirk in contempt, without requiring a ransom.Mardycke was immediately delivered up to the English, and Major General Aurgan was appointed Governor, who repaired and much improved the fortifications. Cromwell was fo well pleased at this fuccefs, that he offered a rein forcement of 10000 men for the intended fiege of Dunkirk, fo much had he at heart the reduction of that place. Dur ing this time the Marethal de Turenne was obliged to fell his plate, in order to pay the English troops, who began to mutiny for three months pay, and on that account was likewife compelled to lay all the neighbouring villages under contribution. About this time, Don Juan of Auftria arrived at Dunkirk, with a confiderable body of troops, who ordered the fluices to be thrown open, which 'caufed an inundation of tour leagues round the country. The Spanish Generals having affembled their whole army at Dunkirk, called a council of war, in which it was afferted, that the place could not hold out unless Mardycke was re-taken. In confequence of this determination, on the ift ut November, they fent off a very confiderable convoy to Gravelines, efcorted by 6000 men, accompanied by the King of Egland, the Duke of York, &c. which Convoy having paffed unmolefted, the Spanish detachment returning by night, made an attack on the fort of Mardycke in four differe places, "throwing them felvas 12 Miffals of Sarum, unnoticed in the British Topography. felves into the foffes, and began the efcalade under cover of a strong fire: but the English, encouraged by the Chevalier Reynolds their commander, and fupported by 300 French musketeers, made fuch a vigorous defence, that, after an attack which lafted four hours, the Spaniards were forced to withdraw, with the lofs of 1200 men killed, and a conderable number wounded. The Englith repaired the damages done to the fort, and placed therein a garrifon of 1500 men, being half of them English and half French, with fix fhips in the mouth of the harbour, to prevent any fuccours by fea. The King of England had joined the befiegers, in hopes that his prefence would have induced the English to furrender; but fo far from it, and fo hardened were they in their crime of regicide, that, contrary to the laws of nations, they fired at, killed the horfe, and wounded a trumpeter, who was fent to offer them a general pardon. 1658. The fiege of Dunkirk was at laft refolved upon betwixt Cromwell and the French court: to this intent the former fent fresh troops from England, under the command of Lord Lockhart and Colonel Mordaunt. Marefhal Turenne marched the French army towards Dunkirk, and was to meet that of the Englith, which conjointly were to form the fiege. The King of France, with a numerous attendance, came to Calais on the 30th of May, in order to haften and animate the intended fiege. Cromwell, on this occafion, fent complimental melfages to the King, who returned them in like manner. MR. URBAN, THE Dec. 1. HE following Service Books, according to the ufe of Sarum, are omitted by Mr. Gough in the curious lift which he has given of them in the fecond volume of his British Topography, pp. 319. 361. Hore intemerate Beatiffime Virginis fecundum Ufum Sarum noviter impreffe, cum multis Orationibus et Suffragiis noviter additis." The fides of the leaves, the divifions of the fervice, and many of the initial letters, are ornamented with curious wood cuts, reprefenting Scripture hiftories, &c. At the end is a table of contents, with this colophon: "Expliciunt Hore Beate Marie Virginis, fecundum Ufum Sarum, noviter impreffe, cum multis Orationibus et Suffragiis noviter additis. Anno Domini MCCCCXCV." In the original the Latin words are contracted, but I have my |