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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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aforesaid the Sheriffs do consult betwixt themselves and the Common Serjeant declares their Opinions on whom the Election hath fall'n and if it be clear and apparent they do declare it by their Officers to the Common-Hall if any Doubt be 't is put up again to the Common-Hall betwixt those Persons where the Doubt lies If still there be any dissatisfaction 't is put up again and again and at last if a Poll be demanded 't is always granted and then 6 or 8 Books are provided and two Livery-men desired to overlook the Clerks at each Book and to examine the Qualification of the Pollers where the Mayor and Aldermen poll as Livery-men and no otherwise When the Poll is over the Books are cast up with great exactness And if any Candidate or other Person be unsatisfied and demand a Scrutiny of the Poll it must be granted and then the Lord-Mayor useth to send his Precept to the Masters and Wardens of the several Livery Companies in these words viz. Stamp Mayor Jovis die c. It is ordered by this Court that every Clerk of the several Livery Companies of this City do return the Names of the several Livery-Men of their respective Companies Alphabetically on or before Tuesday next upon Oath to be made by the said Clerks before the Right Honourable the Lord Mayor or this Court. GOODFELLOW Which Lists are delivered afterwards to such as are appointed to examine and scrutin●● the Poll-Books These two Circumstances following have used to unqualify one that hath been of the Livery of this City First if he have so faln to Decay that he hath had back his Livery-Fine or secondly though he hath not had back his Livery-Fine in Case he be a Pensioner After a full Examination and Scrutiny the Books are again carefully cast up and then the Poll upon Scrutiny is declared for the due Election of them that have the Majority of Votes Nor is any Common-Council-man allowed to poll unless he be of the Livery nor any Livery-man unless he be a Freeman So exact and solemn hath the Election of Sheriffs for the City of London and County of Middlesex used to be to the Peace Honour and Safety of the said City and County for above 200 Years The Reverend Judges in the 40th and 41st of Eliz. upon mature Deliberation did conclude that this antient Usage in Elections though no Record thereof could be shewn came at first from common Assent and was therefore well warranted by Law and their Charters It may be observed that when Sheriffs were chose by the 〈◊〉 none but Freeholders were to choose as being Men of Substance in the County in imitation whereof our wise Predecessors in this City did ordain that none but such as were of Substance should come upon the Liveries to elect Sheriffs c. And whereas London is now swell'd much beyond its Wards so that near one half of the Citizens of London do live out of any of the Wards of the City who do all constantly pay scot and bear lot in their respective Companies and are at like Charge and Service in attending the Lord Mayor and on other solemn Occasions for the Wealth and Honour of the City and are as liable to serve the Office of Sheriffs c. as those that live within the Wards as may appear by Mr. Clark Mr. Langham c. last Year who were induced to pay Fines to be discharged from holding the Office of Sheriff though they lived in distant Counties and have for some hundreds of Years constantly represented in Common-Hall their Fellow-Citizens for these Purposes who are in no wise represented by the Common-Council of London who are only chosen by the Freemen within the Wards The Lord Mayor and Aldermen will no doubt before they undertake to undo what themselves have so solemnly acted in conjunction with the Liveries that are about 6 or 7 thousand consider of the Warrantableness as well as the Justness thereof Besides the Judges Opinions in 40 and 41 Eliz. there is a Case recorded lib. H. fol. 45. in the 50th of Edward the IIId where Richard Lyons Alderman of Breadstreet-Ward John Peche Alderman of Walbrook-Ward Adam Bury Alderman of Langborn-Ward were all disfranchited and put out of their Offices for Irregularities in the same and afterwards severely punished It is hoped the Common-Council of the City will look back upon this Intimation that in an Act of Common-Council made in the Mayoralty of Sir William Pritchard these Words are contained being part of a Report of the then Committee viz. We have seen several Entries in the Journal of this Court inter alia Jan. 24 1644. It was declared by the Mayor and Aldermen that they had a negative Voice in Common-Council by the anient Custom and Charters of this City and we having also seen the Opinions of divers learned Counsels heretofore given to the Court of Aldermen under their Hands viz. the present L. C. J. Pemberton Sir William Dolbin Serjeant Maynard Sir William Jones Sir G. Jefferies and Sir Fr. Winington 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 honour able Court. Subscribed William Turner James Edwards John Moor Henry Tulce Tho. Langham Fr. Griffith Nath. Hawes Hen. Loades Peter Ailworth Nic. Charlton Tho. 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 'T is conceived this ought to have been repealed as well as the other Clauses that were therein repealed 15 June 1694. The many Inconveniencies that the negative Voice aforesaid which is contrary to Law and Reason may produce canst easily be foreseen It may not be amiss to put the Common-Council-men in mind to examine why these Words in the Sheriffs Oath are left off viz. Ye shall also swear that ye shall freely give all fit●h Rooms and Offices of ●e●jeants and Yeomen as shall happen to become void during be time ye shall remain in Office of Shrievalty to such apt and able Person or Persons as shall be by you nominated to the Lord Mayor and Court of Aldermen and by them admitted without any Money or other Reward to be had taken or hoped for in respect thereof according to the Act of Common-Council made and provided in that behalf the 29th of April in the 26th Year of the Reign of our Sovereign Lady Queen Elizabeth c. So God you help If those Common-Council-men many being otherwise inclin●d that have been so ready to imbrace Fines to discharge Sheriffs c. this way from the Obligation of their Offices and have openly declared that in 44 Years they have raised above 150000 l. would heartily join with others that are against it and would diligently search
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