I Have of late ſeen a ſcurrilous Pamphlet, Intituled the Impartial Proteſtant Mercury, printed at London for Richard Janeway, Num. 114. in which his Majeſty's Goodneſs, Juſtice and Clemency are arraigned, and alſo the Mayor and indeed the Corporation of Hereford unjuſtly charged, as being abus'd in the manner of acting in the late delivery up of the Charter, as if the Mayor had been wrought upon contrary to his Inclination, and had pick'd out a time ſuitable to the purpoſe; Therefore I take leave to give you a true account out of the Records, of matter of Fact, that by the prudent, legal and deliberate proceeding of the Mayor herein, you may ſee he was not in the leaſt impoſed upon contrary to his Inclination, but rather actually and effectually followed the good Reſolutions he had upon mature deliberation taken up for the good of the City. For the better effecting hereof it is requiſite you have Mr. Janeway's falſe and ſcandalous Relation upon the whole Action in his own words.

[From Hereford we are told that the bringing up of the Charter of that place ſome time ſince by the preſent Mayor is believed to have been much againſt his own Inclination, but that he was wrought upon to call a Common Council, when divers of the old Aldermen and Common Council-Men who would have oppos'd it, were known to be abſent from the Town, and ſo the ſame was ordered. But lately a new Charter is return'd with addition of a Fair and the words Quamdiu nobis placuerit, [as long as it ſhall be our Pleaſure,] The old Mayor is continued, but divers Eminent and Loyal Perſons fully known to be ſtrict Obſervers and great Favorers of the Church as by Law Eſtabliſh'd who have been Mayors, and ſundry Common Council-Men left out, and the Vacancies ſupplied by ſeveral Gentlemen and others about the Town; yet we do not hear of any thing pretended to be alledged againſt thoſe ſo omitted, and people are troubled to gueſs the Reaſon, unleſs it ſhould be that they voted for their late worthy Burgeſs, Eſq Foley; but this no diſcreet Man can believe to be the Cauſe, eſpecially ſince tis not doubted, but whenever his ſacred Majeſtie ſhall gratiously be pleaſed to command an election for Parliament, Mr. Foley will yet have as many Electors as ever.]

As to the Mayor's acting contrary to his inclination, as being wrought upon to call a Common Council, when divers of the Old Aldermen and Common Councilmen who would have oppos'd it, were known to be abſent from the Town; the contrary does thus plainly appear: The Common Council conſiſts of 31, of which the Majority conclude, and make all Acts that paſs. Upon the 3d of February laſt a Common Council was called, at which were preſent 19. Of theſe 6 were Juſtices, 4 had formerly been Mayors, and 9 were of the Common Council; obſerve and you ſhall find in the farther progreſs of this Matter, that this was the leaſt Common Council of any from the firſt Propoſal of the danger of the Charter, to the laſt Act of Surrender under Seal. At this Common Council, after ſome ordinary things debated and ſetled, the Mayor ſpoke publickly theſe words, or to this effect, as I have it under his own hand.

Here is the Mayor's inclination ſhown, and fair notice of the danger publickly given: The next Common Council that was called, was on the 7th of February, where no mention was made of the delivery up of the Charter, but ſomething elſe very ſignificant was done, which was very ungratefull to all that favour the Model of the late dangerous and treaſonable Aſſociation, An Addreſs of Abhorrence of the Platform of that horrid Aſſociation, that was found in the Earl of Shaftsbury's Cloſet, paſt the Houſe in the preſence of the Mayor, 5 Juſtices, 8 that had been Mayors, and 8 more of the Common Council, in all 22, unanimouſly in theſe words.

Thus things ſtood till the 14th of February, and then the Mayor (being ſufficiently aſſur'd by a Letter ſhew'd him from a Perſon of Honour, that a Charge was laid againſt their Charter, and ſeveral Breaches aſſign'd, and the King preſs'd to grant a Quo Warranto, which His Majeſty would not do till he had firſt an account, whether the Citizens of Hereford would not truſt to his Bounty and Clemency, rather than ſtay till they were ſo attaqu'd) called a Houſe according to his former promiſe, where their own danger, hazard and charge, the King's Gracious Inclinations and Intentions towards them were freely debated, and the Letter at large read in open Council. At this Common Council were preſent 5 Juſtices, 6 of the ancient Mayors, and 10 of the Common Council, in all 21, and all other Members of it reſiding in the County had notice; After a full Debate they came to theſe Reſolutions Nemine Contradicente.

Now to aſſure you that all manner of care was taken for the preſervation of the Rights of the City, you may at large reade the Petition it ſelf.

The Charter remain'd ſtill in the Cheſt, and here was no ſnap or ſurprize; and to prevent it, time was taken for 6 days to conſider what was fit to ask for the City of ſo Gracious a Prince, and all that was propos'd was to have a New Charter with the ſame Privileges as before, and a New Fair.

On the 20th of February the Houſe met again (all the Members thereof in the County having lawfull Summons) the Perſons preſent were the Mayor, 6 of the Juſtices, 5 of the Old Mayors, and 9 of the Common Council, in all 21, and then freely and unanimouſly paſs'd this Vote.

Ordered, That Mr. Mayor and thoſe Gentlemen that were nominated by the Common Council to ſolicite the renewing of the Charter, ſhall be re-imburſt their Charges and Expences therein, and that the preſent Charter and the Claim be by the Key-Keepers preſently deliver'd unto Mr. Mayor, which was performed accordingly.

27th The Mayor, Mr. Aubrey and Mr. Clark appointed to attend His Majeſty, began their journey (Mr. Harford and the Town-Clerk being ſtaid by ſickneſs) and came to London March 2d; March the 3d the Mayor was brought to His Majeſtie's Preſence, attended with many Gentlemen of the County and City of Hereford, and humbly on his knees, in a ſhort ſignificant Speech, deliver'd up to His Majeſty the Old Charter, and by Petition pray'd a New One; The King moſt graciouſly receiv'd it, and all that attended it, and gave them his hand to kiſs, and told them, That as ſoon as Mr. Attorney-General ſhould prepare things for him to Sign, he ſhould be very ready to do it, in the mean time he deſir'd the Citizens not in the leaſt to diſtruſt his kindneſs towards them. Together with the Charter were deliver'd alſo the Acts of the Common Council, which the Members of the Corporation thought ſufficient to evidence how willingly, unanimouſly and cheerfully they had acted, but the formality of Law requir'd ſomething elſe to be done; There was wanting a Reſignation under the City Seal to make the Surrender legally good: Of this notice enough was given, by Letters from London to Perſons of all Perſuaſions and Intereſts, but even this innocent piece of Ignorance of the Law put the thing paſt doubt of ſurprize, or the ſuggeſted want of Inclination in the Mayor, for he (to proſecute his well-grounded Reſolves to effect) goes down and (nothing doubting the joynt Concurrence of that Houſe that had hitherto acted in this Affair with ſo much Unity) returns to Hereford the 12th of March, and on the 14th called a Common Council, and Summon'd all as formerly upon their Free-man's Oath to appear; At this Meeting were preſent the Mayor and 5 Juſtices, 6 of the ancient Mayors, 9 more of the Common Council, in all 21; and the Inſtrument of Reſignation was read in theſe words.

I thought fit to inſert this, not only to prove the Validity of the Act, but for the better and eaſier Information of other Cities, that are in the Circumſtances we lately were, to whom (perhaps even to the greateſt) it may be uſefull (being drawn by a very able Lawyer) when they ſhall ſee their Errour in contending with his Majeſty, and come humbly to deprecate their greater Offences.

The Approbation and Conſent of all went along with this Act of Reſignation under Seal, as will appear by the Vote then made in theſe words.

Thus having finiſh'd with a general conſent, and compleated the Surrender under the Common Seal of the City, they ſent it to London, and it arrived there the 18th day of March, and was, according to Order, deliver'd: But that the Government of the City might be kept a foot, and Peace preſerv'd in the City till the New Charter was granted under the Broad Seal, the Surrender was not enroll'd till the New Charter was fully perfected.

By this plain account of matter of fact, ſo clearly proved by the ſeveral Gradations and diſtances of time, by the ſeveral Meetings from the 3d of February, to the 14th of March; by the fair Notices and Summons, free Debates, unanimous Conſent; by the even courſe and fair Method of Proceedings, I ſuppoſe it does manifeſtly appear to all that are willing to be convinc'd, and will not take a falſe, ſcandalous Forgery and Fiction for Truth, that the Mayor acted freely, voluntarily and cheerfully, and his Brethren unanimouſly, conſtantly and ſteddily. If any Man yet doubt what put the Corporation upon this Action, and whether a Quo Warranto were ſent for or not? Let them know this for their ſatisfaction, that the Citizens had reaſon to be jealous their Franchiſes were in danger, when 18 of 31 had not taken the Oaths requir'd by the Corporation-Act in any Capacity or Employment, they had paſs'd thorow for 17 years together, and alſo were every day affronted, impoſed upon and ſlighted, as Perſons that acted extrajudicially by ſeveral that were ſatisfied of their Legal failings, and diſputed the Power and Authority by which they acted. As for the Quo Warranto, the Perſons are yet living that ſent for it, and Perſons of Honour who were applied to for the getting of it, and put a ſtop to it, can ſufficiently evince this; for the Quo Warranto was ſent for, and Breaches aſſign'd in two Sheets of Paper, written of all ſides; and thoſe ſo fatal, (as from good Authority I had the account) that the Citizens, if they contended, were morally certain to be overthrown: This was done the 11th of January laſt, the Quo Warranto was long expected, and as friendly and happily prevented; for it is not the nature of the People here to contend with their King, but to ſerve him loyally and obediently.

The next baſe Reflexion that is made, is upon His Majeſtie's Truth, Goodneſs and Clemency, in theſe words.

[But lately a new Charter is return'd with Addition of a Fair, and the words Quamdiu nobis placuerit: As long as it ſhall be our Pleaſure.]

The falſe Mercury, (leſt the giddy unſtable Faction ſhould not underſtand his meaning) hath taken the pains to tranſlate it for them, but it had been better he had left them to pick out the Engliſh of it, than to have ſo factious a falſhood, ſo plainly detected, by a reciprocal Tranſlation of the Record it ſelf under the Broad Seal; The Citizens had two Fairs before, the King gives them a third, and that to begin on Wedneſday in Eaſter-week yearly, and per tres dies in perpetuum duratur, to endure for three days to perpetuity. As to the Charter it ſelf, ſo Gracious and Juſt hath His Majeſty been, according to his Royal Promiſe at the delivery of it up, that he hath not disfranchis'd one Man; he hath confirm'd their Privileges, pardon'd their Omiſſions and Commiſſions of Non-uſer or Miſ-uſer of their Franchiſes in theſe words, Sive non uſi ſive abuſi fuerint, Whether they have not uſed or abuſed them; He hath left the Government in the ſame Number, with the ſame freedom of Electing all their Officers, and under the ſame Qualifications, and reſerv'd nothing to himſelf and Succeſſors, but (what cannot hurt them,) the Approbation of a High Steward, Town-Clerk, and the ſix ſtanding Juſtices upon Vacancies, after they have been Elected upon that account. There is the ſame preſent Mayor, and in all likelyhood the ſucceeding Mayor that was of courſe to come in by the former Charter will be elected; It is true, the King hath left out ſome that were in before, and put others in their room; a Liberty of preference, which, I ſuppoſe, is deny'd none that have (in much leſs matters than this) a power to do ſo; and 'tis ſawcily done of the Pamphletier to regret the King this Choice, which every Steward of a Leet hath in making up of a Jury, and which the Gentlemen in power within the Scribler's view do uſe frequently and freely, otherwiſe the Nation would never have been plagu'd with ſo many Ignoramus-Juries; and it would better become the good Manners of the Secretary to the Faction (who 'tis believ'd himſelf depends on the making ſuch Juries,) to acquieſce in His Majeſtie's Royal Will and Pleaſure, than to pretend to gueſs and inſinuate falſe Cauſes, and ſuggeſt Factious ones, which himſelf (if a diſcreet Man) cannot believe: I cannot deny but the Gentlemen that are omitted are moſt of them Obſervers and Favourers of the Church, as by Law eſtabliſh'd; but it is as true, that ſome of them were in the Common Council in the time of Rebellion, when 22 honeſt Men were in one year for their Loyalty only turn'd out, and were over-look'd in the purging Act: I wonder how Mr. Janeway comes to urge that as a good Character now, that they love the Church as by Law eſtabliſh'd, who is himſelf ſo great a Stickler for True-blew Proteſtants, and thoſe that live againſt the known Laws; but now it ſeems it ſerves a turn to inflame the angry, and animate others to an obſtinacy againſt their Prince, who are now in the ſame misfortune as to their Corporation-Delinquencies: I ſhall now trace the Beaſt a little farther in his own words.

[Yet we do not hear of any thing pretended to be alledged againſt thoſe ſo omitted.]

By this it appears plainly, that His Majeſty acted freely according to his Will and Pleaſure, which troubles Mr. Janeway ſorely, and the Mobile too.

[And people are troubled to gueſs the Reaſon.]

Of theſe I ſuppoſe the buſie Inflamer is moſt concern'd, but he muſt make court to his long-adored Idol the People: But why muſt the People be ſaid to regret the King's Actions, or be at a loſs to find a Reaſon for that which they have nothing to do with? But my Maſters, and Friends, and Good People draw near, and hearken to Vox Populi, which ſome elder Pamphlets have call'd Vox Dei. You ſee by this, Republican Love cannot be hid; and now farewell to the ſtrict Obſervers and Favourers of the Religion as by Law eſtabliſh'd. For a Cauſe; ſee what other ſtarts up, and is as ſuddenly like a Muſhrome of a Nights growth by himſelf deſtroy'd.

[ Ʋnleſs it ſhould be becauſe they Voted for their late Worthy Burgeſs, Eſq Foley.]

So did moſt of thoſe that are in the New Charter at the Election of Members for the laſt Parliament, there being a very ſhort Conteſt; but you ſhall hear him anſwer himſelf.

[But this no diſcreet Man can believe to be the Cauſe.]

Why then doth the Fool urge it? yes, he had a Reaſon for it, and out it muſt.

[Eſpecially ſince 'tis not doubted but whenever his Sacred Majeſty ſhall be Graciouſly pleas'd to command an Election for Parliament, Mr. Foley will yet have as many Electors as ever.]

Here is a touch of his Divination; yet as great a Conjurer as the Gentleman is, I ſuppoſe he knows as little what the Event of the next Election of Members will be, as he knows the Time of Calling a Parliament, and muſt be contented, (Maugre all his great aſſurance) to leave the iſſue thereof to time, for many things may happen before that day, as the Converſion of Thouſands of Whiggs, the downfall of Ignoramus's, that obſtruct Juſtice, the ſuppreſſion of Faction, the condign puniſhment, as well as detection, of the Favourers and Heads of Diviſion, and Underminers of the Government, the frequent uſe of the Pillory for Libellers, and a juſt value put upon the beſt of Kings and beſt of Governments; however, I ſuppoſe this great Undertaker keeps no Enſurance-Office for Parliament-Adventurers. It is evident to all ſober unprejudic'd perſons, that Mr. Janeway's Exceptions (though falſe) againſt the Proceedings of the Corporation, are not out of any Pique he hath to a • y perſon now in the ſame, or to any defence he is concern'd in for any Man that is out; but the Hireling writes to pleaſe a Party, and to ingratiate himſelf with a Faction, that gives him Bread, and ſupports him to amuſe the credulous Rabble by reflecting upon the Government, as he hath ſcurrilouſly done in his Pamphlet, otherwiſe he durſt never have ſo maliciouſly abuſed his Majeſty with averring and publiſhing of things quite contrary to the Record, for in the whole Charter which I have had occaſion often to reade over, there are no ſuch words in it as Quamdiu nobis placuerit; but it is as full in all reſpects (except in thoſe before mentioned) as ever; and whereas he ſeems to keep aloof of, and is for his Necks ſake tender of making mention of his Majeſty; yet I would fain know upon whom that Reflexion of diſplacing the ſtrict Obſervers and Favourers of the Church, as by Law eſtabliſh'd, (which in the Charter is alledged to be done) muſt ultimately reſt.

Now I ſuppoſe I have given you a faithfull and full account of this matter, as to what concerns the Charter, any perſon yet doubting may have recourſe to the Signet-Office, Privy-Seal or Patent-Office for his better ſatisfaction; I ſhould be aſham'd to miſ-recite a Record, but much more to miſ-repreſent it to the People with falſe Gloſſes, nay falſhood it ſelf, as the foul-mouth'd Pamphletier hath done: The Gentlemen by the King's favour, new put into Employment in the new Charter, do not ſo much think themſelves expos'd in this baſe, vile, falſe, ſcurrilous Pamphlet, as they do apprehend the King reflected on, and the Government injur'd: It is publickly known to all, that at this time ſome conſiderable Charters are upon the point of Tryal, and that many more are in ill Circumſtances, and willing to ſurrender; At this time to render the King inconſta • t in his promiſes, ſevere in taking advantages of his Subjects (that were willing to own their Omiſſions, and to ſue for pardon, and a renewal of their forfeited Franchiſes, and to lay their Charters humbly at his Majeſtie's feet, (which are already under his power) in hopes of being reſtor'd to the ſame, if not greater Privileges) is to make the beſt of Kings odious, and the ſubmiſſive Subjects ſtubborn and obdurate to all the Offers of Clemency and Grace, and rather fond to eſpouſe and contend for a miſtaken Right to the uttermoſt, than truſt or fall into the kind expanded Arms of Royal Mercy, which never yet fail'd the penitent Delinquent, and under which (if you will believe the perſon that hath provok'd it often, forfeited it more, and needs it moſt) the unfortunate fall gently; and if I be not miſtaken, this at laſt muſt be the refuge of this profligate wretch, who is (without the King's Mercy, which he hath often abus'd) utterly undone; beſides, the Actions and Indictments which he is liable to for the ſeveral Libels ſent out into the Nation by him, that do countenance Faction, and diſcourage and abuſe the honeſt actings of the King's beſt Subjects is a load he will hardly be able long to bear the weight of, but muſt ſink under it; for little Hancock tells us in a late News-Letter ſent to this Town, that the Government is too powerfull for Mr. Janeway: It is to be hoped, that on the one ſide the diſcerning part of the Nation will be able to diſcover the Cheats put upon them, the Artifices and Tricks of a deſperate Party and Faction, the daring impudence of Mercenary Libellers, and that the miſ-guided and miſ-informed people will return to their Duty, and be ſhamm'd and trepan'd no more into a diſeſteem of the Prince, a diſvalue of his Government, a good opinion of the Factious, and a prejudice againſt them that love the King and his Government in Church and State, as it is now exercis'd, and by Law eſtabliſh'd: I have been forced for the Vindication of the honeſt Actions of the Citizens, which have been ſo manifeſtly traduc'd by the unbounded Liberty of the ſcurrilous Intelligencer, to ſtretch this beyond the due limits of a Letter, to ſhew by undeniable Arguments the fair Method of all the Proceedings, the Mercy and Goodneſs of his Majeſty in pardoning, and his Juſtice and Gracious Favour in re-granting our Liberties when forfeited by Law, and that with an advantageous addition. You may here ſee a Generous Prince holding forth his Sceptre of Grace to his loyal, but ſubmiſſive Subjects, preventing their fears, meeting their wants, and relieving them with Honour and Juſtice; and I do ſtedfaſtly believe, that no perſon, no body of Men, whether incorporated or not, (if in our late condition or worſe, as perhaps now ſome expecting Judgment are,) unleſs they have ſtrangely demerited and diſoblig'd his Sacred Majeſty, but may ſafer confide in his Mercy and Goodneſs, than in all the dark Umbrages and cunning Sophiſtry of the wreſted Law, and all the thin Cobweb Pretenſions of their own Innocency and avowed Right; for we have ſuch a Prince as none can in Reaſon ask what he will not in Goodneſs grant, or err ſo far, (and that ſome happily know) that he cannot with Clemency forgive; and this is all that can be ſaid in favour of ſome great diſturbers of the Government, and is all their hopes, that they have not yet in their Crimes exceeded his Natural Genius of pardoning: In this Rank our Scribler is one, who will find it the beſt Game he can play to make an early application to a juſtly incenſed Prince, and ſhew this one mark of his Chriſtianity, that he is not obſtinate paſt repenting; a Pardon ſo gain'd would prevent thoſe miſchiefs which will juſtly fall upon his head, from the maliciouſly abuſed Lovers of the King and Government; and it may be in imitation of the Royal Clemency, the ſeveral good Subjects that are ſo highly and undeſervedly provok'd, may follow the grand Exemplar of Goodneſs and Patience, and Pardon too; If not, I ſuppoſe a ſharp and ſudden courſe of Juſtice will be his Fate and Fortune. I take leave to ſubſcribe my ſelf