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judgement_n error_n judge_n writ_n 1,482 5 9.3217 5 false
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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A57326 The rights of the city farther unfolded and the manifold miscarriages of my Lord Mayor, as well as the punishments he hath rendred himself obnoxious unto, for his misbehaviour in relation to the present election of sheriffs, display'd and laid open. 1682 (1682) Wing R1516; ESTC R22269 7,631 6

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these means prevailed upon to put the said Writ in Execution and to levy money by way of Distress upon many of his fellow Citizens Now it is worth my Lord Mayors serious consideration how things at last issued with him notwithstanding all this precaution in himself and assurance of Protection and indemnity from others For there being an Action of Trespass and false Imprisonment brought against him in the Kings-Bench in Trinity Term 14 Car. 1638. There was notwithstanding his Pleading the Kings Writ and the Opinion of the Judges a Judgment given against him on the 4th of February 16 Car. by those very Judges that had formerly given their Opinion concerning the legality of the Ship-money Yea when he thought to have relieved himself by a Writ of Error in the Exchequer Chamber the poor Gentleman after a long and costly Suit had the former Judgment affirmed against him 17 Feb. Car. and that by the unanimous Opinion of all the Judges notwithstanding these very men had the 4th of Aug. 11 Car. declared that the King might according to Law issue forth such a Writ and levy money upon it And when on his being Cast and Condemned in one Action a Deluge of Suits flow'd in upon him so that not a Term pass'd without Process Outlawries Executions or Extents against him he was at last after long concealment in his own House and wandring obscurely for some time up and down the Country apprehended and thrown into the Kings-Bench where he continued Prisoner 15 years and died under Executions against him to the value of above 40000 l. Nor had he in all this time any Succour either from the King or his Ministers but Pity which is a poor relief to the miserable And as all this befell him for venturing to Act where the Law would not justify him so it may caution others against doing things more palpably Illegal and which they have not an Act of Common Council and the Opinion of all the Judges to support them in as he had But doth the present Lord Mayor think what prejudice he does his Majesty by his late Carriage and Behaviour all he did in opposition to his Father when he carried a Musket against him and was Clerk to a Company that fought under his Enemies Banners was much more pardonable than the being so Instrumental as he is to make the King lose the love and confidence of five parts in six of the whole City Can his Lordship believe that he hath done as becomes a Loyal Person to his Prince to engage the King in a visible Contest with a Loyal as well as a great People in a point that they will not part with and which his Majesty cannot wrest fr●m them without declining from the course of the Law which both his Justice and his Oath oblige him against Nor can my Lord be unsentible unless he hears only on one Ear how much he hath lessen'd that Party which they call their own by the Method which he hath been pursuing and his unexpected as well as unaccountable Carriage in the late Halls Alas though there be some that mortally hate Phanaticks yet there are none but distracted men who are fond of parting with their Priviledges and Rights and or putting their Lives and Fortunes in the power of him that sits in the Chair For as they know not what kind of Mayor they may have the next year so they would not expose themselves and Children to be r●…ed hereafter meerly for having the pleasure of doing some whom they do not heartily love a discourtesie at present But if we look a little into matter of Fact we shall both have a view of some mens extravagancy and understand in subserviency to what mischievous ends all this is insisted upon and so violently prosecured For after some of the Ministers had met at my Lord Mayors and obtained a promise from him to drink to North as Sheriff it is observable that the next morning Mr North and his Brother the Lord Chief Justice went to Windsor in a Coach with Six Horses And tho we dare not undertake to tell what they did there yet we are well assured that upon the performance of that promise they reckoned themselves so secure of this Gentleman lately come from Turkey for Sheriff that my Lord Mayor both contrary to Custom and an Act of Common-council 7 Car. 1. sent for Mr. North and made him seal a Bond to hold Sheriff for the year ensuing And being thus far dipt my Lord was pleased in prosecution of this design to issue out Precepts of a nature and strain perfectly different from the frame and terms of all former Precepts Nay when the proceedings on Midsummer-day were carrying on in a legal and orderly way and all things likely to have been issued peaceably and according to custom my Lord Mayor was pleased to come attended with a company of men whereof many were not Free men many had Swords and divers were known Papists to give interruption to the Poll. Nor need we wonder if after such an action several persons were sworn guilty of a Riot tho as some of those deposed against were at that time out of Town and others confined all the day to be at home by reason of their business so the most that any were guilty of was their receiving manifold affronts with Patience and not vouchsafing to make a Riot for the service and conveniency of our Ministers who had gotten all His Majesties Forces drawn about the City and most of them ready upon a Minutes warning for Service and Execution To this we may subjoin his Lordships carriage on Friday last when after a long uncertainty what to do he was pleased at last to consent to have the matter argued by Council and because the Inns of Court could afford no other my Lord p●…ched upon Mr. Saunders and Sir George Jefferies whereof the one hath been turned out of employment by the City and censured by Parliament and both of them against the Charter and in Council for the destroying of it Nay when not only Mr. Pollexfen Mr. Williams but the Recorder whom the Mayor is bound to hearken unto had given it against his Lordships claim and pretence and offered to set their Hands to it as Law yet upon receiving a Letter from a certain Minister his Lordship came down and dismissed the Court. But the whole Mystery is easily unridled for not only my Lord H. hath declared That he foresees there will be Hanging and he is resolved to Hang last but Mr. Duncomb and one more told some worthy Citizens that they wonder'd why they would take all that pains seeing they were in no danger their only design by obtaining Sheriffs according to their mind being to Hang 9 or 10 persons 〈◊〉 are uneasie to some in Power Thus we have once more accosted you and chuse to be the briefer because you all know whereabout you are only this I will take the boldness to intimate to you That besides the manifold actions which you may have against the Mayor you may either Indict him upon the Statute of Westminster or complain for breaking his Oath both as a Free-man and a Magistrate And whereas Mr. Town-Clerk runs up and down thinking himself injured in a former paper I shall only tell him that besides his being in company where confusion was drunk to the Charter he instructed the Council against it all he could to the overthrow thereof Nay I may add that for all his late penitence it was he that Originally led my Lord Mayor into these mistakes which are like to prove his overthrow And if this do not teach him to be silent I can assure him that there is that in Articles against him whensoever a Parliament comes that will reach farther than the forfeiture of his Place London Printed for J. Johnson 1682.