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A25339 The antient manner of electing sheriffs of London and Middlesex and other officers yearly, at the Guild-Hall on the 24th of June, offered to the consideration of all sober citizens, &c. 1695 (1695) Wing A3071; ESTC R214335 6,525 2

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The Antient Manner of Electing Sheriffs of London and Middlesex and other Officers Yearly at the Guild-Hall on the 24th of June offered to the Consideration of all sober Citizens c. A SHERIFF is an Officer of great Antiquity high Authority and Trust having from the King the Custody and Government of the whole County committed to him My Lord Coke upon Lit. pag. 168 saith that the Sheriff hath triplicem Custodiam viz. Vitae Justitiae to serve Process and to return indifferent Juries for the Trial of Mens Lives Liberties Lands and Goods Vitae Legis to execute Process and make Execution which is the Life of the Law and Vitae Reipublicae to keep the Peace c. He is partly a Judicial and partly a Ministerial Officer and by the Statute 5 Edw. 6. cap. 16. it is provided that none may bargain or fell any Office if the Office concern the Administration or Execution of Justice By the 12 Ri. 2d it is provided that the Chancellor Treasurer Keeper of Privy Seal Lord Steward King's Chamberlain Clerk of the Rolls Justices of the Benches Barons of the Exchequer and all others called to name and ordain Justices of Peace Sheriffs c. shall be sworn that they shall not make or ordain any such for any Gift or Brocage Favour or Affection c. but that they make all such Officers and Ministers of the best and most lawful and sufficient Men in their Judgments Thus carefully hath our Law provided for the free and equal Administration and Execution of Justice all over England Now to come to the Antient Usage and Practice of Electing Sheriffs in London for that City and the County of Middlesex Midsummer Day on what Day of the Week soever it fell was used to be the Day for Electing two Sheriffs for the City of London and County of Middlesex until June 15. 1694. when it was by Common-Council enacted and provided that whensoever Midsummer Day shall happen to be on the Lord's Day commonly called Sunday that the Election of Sheriffs c. shall be on the next Day following Accordingly the Lord-Mayor hath constantly sent out Precepts of Summons the last of which follows in these Words By the MAYOR To the Master and Wardens of the Company of These are in his Maiesty's Name to require you that you give notice to the Livery of your Company that on Monday next being the 24th Instant at Eight of the Clock in the Forenoon They assemble and come to the Guild-Hall in the usual manner there to elect Sheriffs and other Officers customarily chosen on that Day Dated this 20th of June 1695. GOODFELLOW The Master and Wardens in Obedience to the Precepts from the Lord-Mayor order their Beadles to deliver to the Livery-men of their respective Companies in a printed Form to the Purport following viz. Sir On Monday the 24th of June 1695. you are desired by the Master and Wardens of the Worshipful Company of London to meet at Guild-hall at 9 of the Clock in the Morning in your Livery-Gown for the Election of Sheriffs c. to serve the City of London for the Year ensuing N. H. Beadle When the several Liveries are met together in the Guild-Hall the 24th of June About 11 or 12 of the Clock the Hall is then usually full containing about 3000 Persons besides great Numbers that are in other Places near at hand to Poll if occasion require After 2 or 3 cries A Hall a Hall to give notice to the Lord-Mayor that the Assembly are ready The Mayor Aldermen and Sheriffs come out of the Council-Chamber with the City-Sword and Mace carried before them and go to the Hustings at the upper end of the Hall When the Lord-Mayor is there seated in his Chair and the Aldermen are also seated the Sword laid down before his Lordship the Common Crier of the City with his Mace before him by order makes three loud O Yes's and from an Officer dictating to him goes on to this Purport viz. You good Men of the Liveries of this City summoned to appear here this Day for the Election of Sheriffs and other Officers of this City for the Year ensuing draw near and attend to your Election God save the King Then he further by order pronounces with a loud Voice All you that are not of the Livery depart the Hall upon pain of Imprisonment This done the Recorder rises from his Seat and moves towards the Edg of the Hustings and first turns about towards the Lord-Mayor and Aldermen and bows and then towards the Livery-men and bows then he makes an Eloquent and Learned Speech to them of the great Privileges and high Trusts reposed and vested in them by many Kings and Parliaments and particularly in allowing them the free Choice of their Sheriff and learnedly explains to them the high Authority both Judicial and Ministerial of that Antient Officer and exhorts them to take great Care to make choice of wise honest and able Men for that Office which so much concerns the Security Peace and Safety of the City their Lives Liberties Estates and Posterity And sometimes puts them in mind of the fatal Mischiefs that have happened when bad Men have got into that Office After this the Lord-Mayor and Aldermen rise and go up to the Council-Chamber having the Sword carried before them but not the Mace it being placed before the Common Crier on the middle of the Hustings Then the Sheriffs with the Common Serjeant move to the edg of the Hustings where the Common Serjeant makes another Speech to the Livery-men reminding them what the Recorder had already said and enlargeth thereon to shew to them the great Privileges high Trusts excellent Liberties granted to them exhorting them to chuse honest and able Men And at last desires them to give him the Names of such Persons as they would have put up in Nomination for the Vote of the Common-Hall for Sheriffs c. When they have given the Names of all the Persons they would have put in Nomination the Common Serjeant saith Gentlemen I will read to you the Names of the Persons that you have put in nomination for Sheriffs Then after he hath audibly read the same he saith Gentlemen Will you have any more Persons put in nomination for Sheriffs If they cry No no the Common Crier with his Mace before him standing near the Edg on the middle of the Hustings three other Officers standing on convenient Places along to the other End of the Hall to take the Proclamation one from the other that all the Assembly may distinctly hear begins being as before dictated to by the Officer viz. So many of you as will have A. B. Mercer to be one of the Sheriffs for the City of London and County of Middlesex for the Year ensuing Hold up your Hands These Words being repeated by the three aforesaid Officers When all the Names of those put in Nomination have been severally put up to the Common-Hall in manner as
out Concealments Appropriations Withdrawings and Misapplications of the City's Revenues they might in a short time find out an honourable and plentiful Income to maintain the Government thereof which they are doubly obliged to by then Oaths of Freemen and Common-Council-men King Edward III in the 15th Year of his Reign granted to the Mayor and Commonalty to make Ordinances with this Proviso so as they were not prejudicial to the Citizens nor to other his Leige People from whence this Question may be made If A. B. Common-Council man shall make Agreement that for 400 l C. D. already duly elected to and charged with the Sinievalty shall be thereof discharged And afterwards E. F. Livery-man living in Westminster is chose into that chargeable Office by the Vote and Poll of the said A. B. Quaere whether E. F. may not maintain an Action against A. B. Common-Council-man for his Damages herein sustained It was said of Old Rome that her Citizens spread themselves over the whole World It may be said of London her Citizens spread themselves over all England and no doubt but London is knit in League with the rest of the Realm some peculiar Customs excepted and no Laws there made can be valid that thwart their Charters or the Laws of the Land which with what hath been already published may serve for Answer to all that hath hitherto been alledged in Vindication of the Mayor Aldermen and Common-Council in their late Proceedings in Common-Hall If any one still be in any doubt let him for his full Satisfaction read over the Act of Parliament for restoring the City's Charter If the King should propose to discharge his Appointments of Sheriffs in the Counties at a declared certain rate he might raise great Sums of Money that way but 't is believed it would not be grateful to the Parliament who may probably take Cognizance of this Affair for the Example's sake Fellow-Citizens You were told by the Recorder that the Lord Mayor and Aldermen would take care of your Privileges you will certainly think them as safe in your own Hands as any where else and by your constant adhering to your former Choice as by your Oath you are obliged you will manifest to the World you are worthy of so high a Trust reposed in you as the free Election of Sheriffs for the City of London and County of Middlesex which is a Trust that no ingenuous Citizen but should abhor to abuse The Lord Mayor and Aldermen notwithstanding all the Vindicator and Dialogue-maker have said will doubtless weigh the City's Charters Acts of Parliament and other Laws and Customs of this City and Nation in the Balance with it and the several Solemnities of Precepts Summons Polls and Scrutinies c. lest By-standers should interpret them all mere Pageantries if 7 or 8 Aldermen may afterwards make them all void under colour of By-laws made in the late Arbitrary Times which are made null and void by the Act of Parliament of 2 William and Mary for restoring to the Citizens of London all their Rights Liberties Charters c. which Act is to be reputed a publick Act of Parliament and to be so taken notice of by the Judges as if relating to the whole Kingdom Tho some Men of arrogating and arbitrary Humours have contemptuously termed the Common-Hall a Mob and said that its Insolence must be curb'd you by your sober and settled Constancy to your Point will the soonest convince them of the Falseness of that Imputation that you are neither Mob nor insolent but resolved to depend for Redress on your Parliaments and Laws You need not be put in mind what Endeavours some have used by Feastings and Caresses of proper Instruments to wheedle and induce them to perswade the Citizens not to insist on their Rights at this time the King being out of the Land But those Persons ought to take notice that the Steadiness and Loyalty of the Common-Hall to King William and his Government has sounded throughout this Kingdom and is and will be a Terror to all those that are Enemies to their Country now to abridg those Citizens in their free Elections is the most effectual Way to render them unserviceable to his Majesty and Kingdom in this most important Affair and to bring in such Magistrates as are disaffected to the present Government The Midsummer elected Sheriffs that are pretended to have paid their Fines have done so on condition the Common-Hall shall agree to it forasmuch as by their proceeding to a fresh Choice they tacitly consent to the Discharge of the two former The English whereof is that the Common-Hall do make another Election of two others and so work their Discharge that way which if they should do it may give colour for a Forfeiture of their Charters and Privileges which every Citizen is solemnly swom to avoid Thus much has been thought convenient to be said as to Matter of Fact and Caution thereupon the Matter in Law may be expected to come to hand in a little time FINIS