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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A50286 The Matters of fact in the present election of sheriffs, for the year ensuing, faithfully reported and the micarriages of my lord mayor and some other persons in this matter, briefly declared. 1682 (1682) Wing M1304; ESTC R10733 6,990 4

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THE MATTERS of FACT In the Present Election of SHERIFFS For the Year Ensuing Faithfully Reported And the Miscarriages of my LORD MAYOR and some other persons in this Matter briefly declared THE open and bold invasion made upon the Liberties and Franchises of the City and that attended with a contempt of the Laws of the Land as well as the Ancient Customs and Usages of the Corporation doth not only serve to justifie our complaining of the Rape committed upon the Rights and Priviledges of the Free-men of London but invites us to detect and lay open the unreasonable as well as illegal ways and methods that have been taken for the overthrow of whatsoeever we enjoy either by Law Prescription or Charter For as the Electing of Sheriffs is granted by Charters and confirmed by divers Laws to the Citizens of London so the conducting the Election and declaring upon whom the choice through the majority of Votes does fall hath time out of mind appertained unto and been claimed by the Sheriffs And tho the Common-Hall be not properly a Court save for the punishing my Lord Mayor and Aldermen when they transgress against the duties of their Places and the Trusts reposed in them yet not only the Right of Electing Sheriffs is in that Assembly and Convention but the power of appointing the manner in which they will have the Election managed does intirely reside in the Members who constitute that great Convocation Yea so far is my Lord Mayor from having either a Negative upon the Hall or a Right to prescribe unto the Citizens whom they shall chuse that he hath not so much as Power and Authority to take the Suffrages of the Electors or to Adjourn or Dissolve the Hall without the leave and consent of the greater number of the Free-men then and there present And as all this hath been declared and irrefragably demonstrated in several Papers already Published so it hath been affirmed under the hands of as good Lawyers as are in England and particularly of those Gentlemen whom the City have thought worthy to be entrusted in the defending their Charter against the Quo Warranto put in for the seisure of it But in defiance of all that hath been said such is the easiness of my Lord Mayor to say no worse that he hath suffered himself to be prevailed upon to despise Law violate Charters and act in direct opposition to the duty of his place and all this for the gratifying of those who have not only commenced a Suit for the subversion of the Corporation but openly profest that they seek the destruction of its best and most Honorable Members And as the recounting the chief heads of the matter of Fact is indispensably necessary for the information of the present as well as future Ages so the bare rehearsal of those things will fill the World with amazement as well as proclaim the Guilt of some persons both to this and following Generations And that which offereth it self first to our notice is the accession of some Ministers to my Lord Mayor to procure him to Drink to Mr. North which his Lordship without the least consideration of that Gentlemans fitness for the Place or any attendance to the Design in subserviency whereunto that motion was made unto him first tamely complyed with and afterwards performed notwithstanding the consequences which would thereupon ensue were faithfully represented unto him The next step which his Lordship took in pursuance of the like advice was to run counter not only to ancient usage but to an ●ct of Common Council 7 Car. 1 in sending for Mr. North and making him Seal a Bond to hold Sheriff for the year ensuing before he was so much as named or proposed to the Common-Hall that was not till midsummer-Midsummer-day which was some weeks after my Lord Mayor had caused him under the forfeiture of 1000 l. to undertake to serve The third advance made by Sir John Moor against the Duty of his place and the Customs of the Corporation was his altering the form of the Precepts for the summoning the Common-Hall against the 24 of June And it is remarkable that whereas not only by the Charters the Citizens are to meet to chuse annually from among themselves Sheriffs but that all former Precepts r●n in a strain importing their being to assemble to Elect Sheriffs the present Mayor did by an Unpresidented and Arbitrary Power summon them to Conveen to confirm one Sheriff whom he has drunk unto and to chuse another Nor could his Lordship stop his Irregularities here but both after a Declaration upon whom the Election had fallen through the majority of Hands and after the Poll which had been demande● and wherein himself had acquiesced was peaceably and fairly carrying on he came attended with a Company of men whereof many were not Free-men divers were armed with Swords and several were known Papists and not only interrupted the Poll but contrary to Law and Right assured to himself a power of Adjourning the Hall And having thus far embarkt in sinistruous and unjustifiable ways his next proceeding was partly by himself and partly by Citizens whom he countenanced to misinform His Majesty and contrary both to Truth and his own Knowledg to abuse the King in causing him to believe that divers peaceable persons had been guilty of a Riot upon which mis report as the two present Sheriff were committed to the Tower so the principal blame of it must be imputed to his Lordship And as it is the first instance on the File of History of persons being Indicted of a Riot when lawfully Assembled together and quietly proceeding in that which they met about So I question whether our Law-Books furnish one Example of the Council-Boards committing two Officers whose Place and Duty it was to manage the Poll and govern the Assembly not only without the hearing of any to speak in their behalf but in a Case the Cognisance whereof belongs to the Courts of Common Law But his Lordships illegalities hitherto had been both ascribed to the ascendancy which some had gotten over him and had been easily pardoned had they terminated here but it seems he was too far engaged to retreat and therefore his next Step was to take upon him contrary to Sense and Common Reason as well as Law to Adjourn the Common-Hall July 5th not only by a Gentleman who being no Free man could not be substituted his Lordships Deputy or locum tenens but by words signifying only a desire that they would adjourn which did not import the adjourning of them but left it to themselves whether they would do so yea or not And accordingly the Hall without whose consent they cannot be adjourned nor dissolved by any till they have finished the business about which they are astembled not only refused to be adjourned but required the Sheriffs to go on with the Poll. Which as it was managed with all prudence and not shut up till after more than usual and due