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A49006 An act of Common Council for regulating the election of sheriffs and for repealing the treasonable and disloyal acts and proceedings of that court in the time of the late rebellion City of London (England). Court of Common Council. 1683 (1683) Wing L2858; ESTC R919 14,193 20

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the Guild-Hall in the place where the Court of Hustings is usually holden in the presence of the Lord Mayor and Sir Aldermen for the time being at the least or in the absence of the Lord Mayor then in the presence of Eight Aldermen of the said City for the time being at the least and being called to come forth and give his consent to take the said Office of Shrievalty upon him shall not personally before the Lord Mayor and Court of Aldermen for the time being in the inner Chamber of Guild-Hall aforesaid at the next Court there to be holden unless he have such reasonable excuse as the Lord Mayor and greater part of the Aldermen for the time being shall in open Court allow and then and there become bound to the Chamberlain of the same City for the time being and his Successors by his Deed Obligatory in the Sum of 1000 l. with Condition that if he shall personally appear in the publick assembly in the Guild-Hall of the same City on the Vigil of St. Michael the Arch-Angel then next following at the time in that behalf accustomed and then and there take upon him the Office and charge of Shrievalty of the said City and County of Middlesex that then the said Obligation shall be void Or if such Person so to be chosen or elected shall before the Lord Mayor and Court of Aldermen openly declare his refusal to take upon him the said Office then every such person as shall make such default in appearance or shall not become bounden or which shall declare his refusal as aforesaid shall forfeit the Sum of 400 l. of lawful Money of England to the Mayor and Comonalty of the same City to be employed to the uses in the said Act declared and expressed unless he shall be duly discharged of the said Office of Shrievalty for want or defect of ability in Wealth upon Oath taken as in and by the said Act is mentioned and directed Provided and it is thereby further Enacted That if the Person so to be chosen or elected and making default in appearance or denying to become bound or that shall declare his refusal as aforesaid shall be an Alderman of this City at the time of his Choise or Election then every such Alderman so to be chosen or elected shall forfeit 600 Marks of lawful money of England to the Mayor and Cominalty of the same City to be employed to the uses in the said Act declared and expressed Now forasmuch as the said Penalty of 600 Marks in case of an Alderman chosen to the said Office of Sheriff and not appearing or refusing to be bound or to take the same upon him as aforesaid is conceived to be too small for the end thereby intended and is requisite to be inlarged Be it therefore Enacted by the Right Honourable the Lord Mayor the Right Worshipful the Aldermen and the Commons in Common Council assembled That every Alderman of this City that shall hereafter be chosen or elected one of the Sheriffs of the said City and County of Middlesex not having before served the said Office and shall not appear the next Court of Aldermen after such Election or shall there deny to become bound or declare his refusal to take the said Office upon him according to the direction and intent of the said recited Act then every such Alderman shall forfeit the Sum of 600 l. of lawful money of England to the Mayor and Commonalty and Citizens of the said City to be employed to the same uses and recovered in the same manner as the said 600 Marks is appointed to be employed and recovered in and by the said recited Act. And forasmuch as Doubts have arisen touching the meaning of the Clause first before mentioned in the said recited Act and to the end that no person or persons that shall hereafter be chosen or elected to the Office of Sheriff of this City and County of Middlesex may pretend upon Construction of the said Act to exempt him or themselves from taking upon him or them the said Office by payment of the Forfeitures in this or the said recited Act contained but may notwithstanding be liable to serve the said Office Be it Enacted by the Authority aforesaid That every person and persons whether Aldermen or Commoners being Free-men of the City of London who shall hereafter be chosen or elected to be Sheriff or Sheriffs of the said City and County of Middlesex and publication be thereof made according to the direction of the said Act and by making default in appearance or denying to become bound or declaring his or their refusal as aforesaid shall incurr the Forfeitures aforesaid shall notwithstanding the said Forfeitures unless He or They shall upon payment thereof be by Order of the said Court of Lord Mayor and Aldermen exempted for that Year from taking upon him or them the said Office hold the same and be presented to the Barons of his Majesties Exchequer to be by them amerced in case of his or their absenting or refusing to take upon Him or Them the said Office The aforesaid Act or any other Act or Acts of this Court or any Law Vsage or Custom of this City to the contrary notwithstanding Provided always and be it Enacted by the Authority aforesaid That no person or persons that shall hereafter be Chosen or Elected to the Office of Sheriff of the said City and County and shall be presented to the Barons of the Exchequer to the end He or They may be compelled to take upon Him or Them the said Office and shall thereupon take upon Him the said Office shall be in any wise liable to pay or be prosecuted for any of the Forfeitures and Penalties in this or the said recited Act mentioned Any thing in this or the said Act contained to the contrary notwithstanding And whereas it hath been an ancient Custom and Vsage in choosing the Sheriffs of the City of London and County of Middlesex allowed and approved by divers Acts of Common Council for the Lord Mayor to elect a Person to be one of the said Sheriffs and the Commons in Common-Hall to confirm the said Election And there have been of late great and fierce Disputes and Contests within this City touching the said Vsage which hath given great Disturbance to very many good Citizens and offence to his Majesty upon whose Grace and Favour the welfare of this City so much depends and Fewds and Animosities have thereby arisen and are still too much continued among many Citizens and othee manifold Inconveniences and Mischiefs have been occasioned thereby to this City and greater may ensue if due remedy be not provided to take away and remove all occasion of the like Differences for the future For prevention therefore of the said Mischiefs and to remove all Disputes and Controversies that may arise in time to come touching the Confirmation of such Person as shall be chosen to be one of the said Sheriffs by the Lord Mayor for the time being Be it Declared and Enacted by the Authority aforesaid That hereafter the Person who shall be Nominated and Elected according to ancient Vsage by the Lord Mayor of this City for the time being to be one of the Sheriffs of the City of London and County of Middlesex and such Election shall be declared to the Commons of the said City assembled in Common-Hall upon the 24th Day of June being the Day appointed by the afore-recited Act as well for Confirmation and Allowance of such Person as shall be chosen and elected by the Lord Mayor to be Sheriff of the said City and County as also for the Choice and Election of such other Persons as by the Lord Mayor Aldermen and Commons shall be chosen to be Sheriffs of the said City and County shall there by the said Commons be Confirmed and allowed to be one of the Sheriffs of the said City and County accordingly And that upon proposing the said Person to be Confirmed to the said Common-Hall in case any Hands shall be holden up in token of Confirmation the said Person shall be taken to be Confirmed and allowed and then another Person shall be chosen by Majority of Hands to be the other of the said Sheriffs and to joyn with Him that shall be so confirmed Any former Law Vsage or other Matter whatsoever to the contrary notwithstanding Wagstaffe FINIS
Victory obtained by the Parliament's Forces at Worcester 26 Aug. 1652. Order for presenting to the Council of State Votes touching perquisites to Lord MAYOR c. 7 Octob. 1652. Order touching disposal of Cole-meaters places 12 Octob. 1652. Common Councils held without the Lord MAYOR or continued after his going out 7 14 Decemb. 1652. 14 15 Jun. 24 Oct. 1653. Petition touching the Ministers maintenance acknowledging the Parliament for delivering them from their Persecutors c. 1 Sept. 1653. Cromwell Protector and his Council invited to dine at Grocers-Hall at the charge of the Chamber and the Common Council to attend him at his coming into the City 25 Jan. 1653. S. C. with the Dagger to be set upon new Measures instead of the Letter C and the Crown 29 Novemb. 1654. In an Act 1632 these words His Majesties liege People altered to The People of the Nation and his Majesties Court to be left out 12 Decem. 1654. Petition to the Parliament touching Publick-Faith Debts declaring their former Assistances given the Parliament for the publick preservation 16 Jan. 1654. Thanks to the Protector for his great care of the peace and safety of the City 17 Feb. 1654. Orders for issuing Money out of the Chamber for the use of the Militia 13 March 1654. 16 Sept. 3 Octob. 1656. 23 Oct. 1657. 8 Sept. 12 Octob. 6 Decemb. 1658. So much of an Act as appoints the choice of a Committee for placing and displacing Ministers of Prisons 16 Decem. 1656 Order for paiment of charges about the Guards in Pauls 25 Jan. 1657. Petition to Cromwell acknowledging subjection to his Government 16 March 1657. Recorder to condole the Death of the old Protector and congratulate his Successor owning him as the Chief Magistrate and declare their resolutions to adhere to him against all Opposers 8 Decemb. 1658. Petition to the Rump upon their Restauration 31 May. 1659. Common Council held without the Lord MAYOR and Lord Tichborne voted into the Chair 21 Sept. 1659. Parliament Council of State Officers of the Army c. invited to Dinner with the Common Council at the charge of the Chamber 30 Sept. 1659. All which Particulars aforesaid being highly disloyal or savouring of the Faction and Usurpation of those unhappy Times are fit by Act of this Court to be disclaimed revoked abrogated and repealed to all intents and purposes whatsoever which as it will demonstrate the Loyalty and good Affections of the present Members of this Court to his Majesty and the established Government and vindicate them from all imputation of the like pernicious and destructive Principles and Practices and will also express their dislike of all factious Innovation in the Usages and Constitutions of this City so will it prevent any ill use that may be made in time to come of the said irregular Actions And we having also seen several Entries in the Journals of this Court that the Lord Mayor and Aldermen upon matters here propounded have taken time to advise and consider thereof and to others have declared their dissent and even in those worst of Times as for Instance The 14 March 1641. upon two Petitions brought into Common Council by a Committee to be presented to the Parliament they were read but not voted because the Mayor's Locum tenens and the Major part of the Aldermen thought fit to advise of the same And 24 Jan. 1644. it was declared by the Lord Mayor and Aldermen That they had a Negative Voice in Common Council by the ancient Custom and Charters of this City And we having also seen the Opinions of divers Learned Councils heretofore given to the Court of Aldermen under their hands viz. the present L. Chief Justice Pemberton Sir W. Dolbin Serjeant Maynard Sir W. Jones Sir G. Jeffries and Sir Fr. Winnington that the Lord Mayor and Aldermen have a Negative Voice in making Laws and Orders and admitting of Officers in Common Council we humbly propound to take away all disputes in this matter for the time to come that the same may have the approbation and concurrence of this Honourable Court. And because We find the usage for the Lord Mayor to nominate or elect one of the Sheriffs of this City and County of Middlesex was call'd in question in those troublesom and disorderly Times as it hath unhappily been this Year or two last past We have examined the usage in that particular and find it very ancient and not questioned that we can find until the breaking out of those Troubles We have also seen very many Acts of Common Council that take notice of and allow it and particularly the Act made 7 Car. 1 touching the Election of Sheriffs to which last mentioned Act we are of Opinion that an addition or explanation should be made in some particulars which seem not sufficiently provided for thereby And we have prepared a Bill for that purpose which we here present to this Honourable Court And therein also the said Usage for the Lord Mayors Nomination or Election of one of the Sheriffs is further declared and provision made to remove all Disputes that might hereafter be made touching the same by which the peace and quiet of this City hath been of late so greatly disturbed All which Matters are humbly submitted to the wisdom and good pleasure of this Honourable Court This Fifth day of June 1683. William Turner James Edwards John Moore Henry Tulce Thomas Langham Francis Griffith Nathaniel Hawes Henry Loades Peter Aylworth Nicholas Charlton Thomas Vernon After reading of which Report here openly in this Court the same was by this Court in the several particulars thereof well approved of and agreed to and confirmed And it is Enacted by the Lord Mayor Aldermen and Commons in this Common Council Assembled That all the several Acts Orders and Proceedings therein propounded to be Disclaimed and Repealed be repealed and made void And they and every of them are by Authority of this Court disclaimed repealed and made null and void And the Bill in the said Report mentioned being now likewise read it was put to the question whether the same should be read again or recommitted and it being thereupon determined to be read again it was so done accordingly And a Question being then put whether the same should be read a third time it was carried against the further reading thereof Then upon a further Question whether the said Bill should pass or no and Poll 〈◊〉 thereupon 113 Commoners being for the passing it and 78 against it the same was passed and made the Act of this Court the Tenor of which Bill is as followeth That is to say WHereas by an Act of Common Council made in the Seventh Year of King Charles the First of Blessed memory Ducy Mayor It is amongst other things Enacted That if any person being a Freeman of this City shall be chosen or elected Sheriff of the same City and County of Middlesex and publication thereof by open Proclamation being made in
Orders and Proceedings touching better guarding of the Parliament and seizing Delinquents 4 27 Nov. 1648. Orders for paiment of One Thousand Six Hundred Pounds for Military Affairs out of the next Aldermens Fines 27 Nov. 13 Jan. 1648. Vpon a Petition prepared to the Parliament for Iustice upon all Capital Actors from the highest to the lowest in the War against the Parliament brought into Common Council and the Lord Mayors refusal to put it to the question and He with the Aldermen and Officers at last withdrawing the Commoners continued and put a Commoner in the Chair and then Voted the said Petition and ordered it to be presented in the Name of the Commons in Common Council with a Narrative of that Days procéeding And an Ordinance thereupon shortly after made by the House of Commons touching the calling and holding of Common Councils 13 Jan. 1648. Also a Reference then made touching Officers to sit in Common Council and whether they shall be chosen annually 13 Jan. 1648. George Griffith appointed to pray before the Common Council Also a Reference touching a Loan of 120000 l. desired by the House of Commons 12 April 1649. Declaration that the Recorder is an Officer of the Common Council 29 May 1649. Commons in Parliament Fairfax Council of State c. Invited to Dinner on a Thanksgiving Day at the charge of the Chamber A Bason and Ewer of Gold then to be presented to Fairfax and 934 Ounces of Plate and 200 l. in Gold to Cromwell 29 May 2 June 1649. Order touching Election of an Alderman of Bread-street 2 June 1649. Entry of an Order of the House of Commons for the Lord Mayor to deliver the Sword to the Speaker upon his reception in the City 6 June 1649. William Steel chosen Recorder by Common Council by virtue of an Act of the House of Commons 3 July 1649. Robert Mitchell Town Clerk displaced and Jo. Sadler elected 3 July 1649. A Committée to consider with a Committée of the House of Commons for raising 150000 l. for Ireland 5 July 1649. Orders touching Arrears due to Commanders 18 July 18 Sept. 11 Decemb. 1649. Order to refer to the House of Commons a difference with the Court of Aldermen touching choice of Recorder 18 July 1649. Order that at the rising of every Common Council another Common Council shall be appointed 1 Sept. 1649. Orders relating to Assessments made for the Parliaments Army 1 6 Sept. 1649. Orders for buying from the Commissioners at Gurny House the reversion of the Mannor of Finsbury being Deans and Chapters Lands 25 Sept. 9 Oct. 1649. Reference touching the Lord Mayors and Sheriffs House-keeping 9 Nov. 1649. Report that no Places be disposed without order of Common Council 14 Novemb. 1649. Order for allowances to be made Monthly out of the Chamber to the Lord Mayor and Sheriffs 7 Decemb. 1649. Act touching Lord Mayors and Sheriffs House-kéeping As also the Act made in the Reign of Ph. Ma. therein mentioned and for making them allowances out of the Chamber and against Selling of Places And that the Com. Council shall nominate two Persons to all Places and the Mayor and Aldermen to choose One 11 Decemb. 1649. Order touching Assessments for Forts Guards 9 Dec. 1649. Two Persons nominated to the Court of Aldermen for Clerk of the Bridge-House 21 Jan. 1649. For one of the Cities Musick 8 April 1650. For Sheriffs Officers 24 March 1650. 18 April 1651. For Common Pleader 29 April 1651. Reference for revoking Procéedings in 1646. concerning a Petition to the King and all others that reflect on the Parliament or Army 25 Jan. 1649. The stile of all Petitions to the Parliament as the Supream Authority or to the Parliament of the Common-wealth c. 〈◊〉 his Highness Oliver Lord Protector c. Petition for altering the Laws 25 Jan. 1649. Secondaries Places to be disposed by a Committée 6 Feb. 1649. Reference touching a Petition for satisfaction of Persons alledged to have laid out themselves for the Publick Safety 7 Febr. 1649. Common Councils acknowledgment to the Parliament declaring their Resolutions to stand and fall with them 2 Apr. 1650. Narrative touching a Common Council call'd without Lord Mayors directions and held after his departure from it by virtue of an Ordinance of Parliament 14 17 June 1650. Report touching the Place of Recorder and other Officers Also Order touching allowances to be made by the Committee appointed for the Sale of Offices 9 July 1650. Agréement of the Common Council to Fast and Pray for the Army gone into Scotland 20 August 1650. Orders touching a Contribution from the Common Council to the Army 27 Aug. 12 24 Sept. 18 Decemb. 1650. Thanksgiving appointed for the Victory in Scotland 12 Sept. 1650. Question put after the Lord MAYOR and Aldermen gone out of the Common Council 26 Septemb. 1650. Touching Elections of Common Council-Men and preparing orders for proceeding and adjourning of Common Councils 7 15 26 Febr. 1650. Order touching dividing of the Court 28 Feb. 1650. In Mr. Griffith's absence some Member to pray in Common Council 15 March 1650. Petition to the Parliament to be excused the further Charge of some Troops declaring they had already cost them Two and Twenty Thousand Pounds in the expedition against Scotland 10 April 1651. Order that Lord MAYOR issue out Warrants for new Elections of Common Council Men in place of those that have not taken the Oath required by Parliament 25 April 1651. Order that Common Council Men may depart within an hour after Summons 13 May. 1651. Also that no new matter be moved in Common Council after Twelve in the Morning and Seven in the Evening Ibid. Fast appointed for success of the Army in Scotland 3 June 1651. Petition to the Parliament for Writts to elect new Burgesses 12 June 1651. Election of one of the Prothonotaries in the Sheriffs Courts 19 June 1651. Proceedings at a Common Council after the Lord MAYOR and Aldermen were gone out and Owen Row voted into the Chair 2 July 1651. And 29 July 1651. Owen Row voted into the Chair by the Commons in Common Council before the Lord MAYOR and Aldermen came in Resolve of Common Council to adventure Lives and Estates in defence of the Common-Wealth against the King of Scotland and proceedings thereupon 11 Aug. 1651. Thanksgiving appointed for several Victories 7 Oct. 1651. Order that the Lord MAYOR and Aldermen withdraw out of the Common Council and the Commons turned into a grand Committee 3 Decemb. 1651. That none be admitted to the Freedom without notice of the Common Council 12 Decem. 1651. 11 March 1652. As also so much of an Act or Order made 16 Octob. 1638. upon Report to the Common Council as limits the number of persons to be admitted into the Freedom by order of the Lord MAYOR and Aldermen Votes touching allowances to Lord MAYOR and Sheriffs out of the Chamber 15 June 20 July 1652. Thanksgiving appointed for the