Selected quad for the lemma: justice_n
Text snippets containing the quad
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A57326
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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.
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1682
(1682)
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Wing R1516; ESTC R22269
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7,631
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6
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thereupon enacted by the King with the assent of the Lords and Commons that a Commission should be issued out to inquire into that horrible Fact and that not only Gisburgh who was Elected Mayor by the Majority of the Free-men should be restored to his Office but that Quixlay who by usurping the Office of Mayor without due Election had accroacht to himself Royal Power should with twenty four more of the most notorious Malefactors be taken into custody without Bail or mainprise till the Commission of Inquirie was returned And as the Lord Mayor of London hath no Power or Authority either by Prescription or Charter to impose a Sheriff upon the Citizens so neither can the Free-men convey any such Right or Power unto him Seeing tho they can make by-Laws in consistency with their Charter yet they can make no law whereby both their Charter and divers Acts of Parliament shall be cancell'd and repealed And as the bestowing upon the Commons of London a power and Right to chuse their own Sheriffs was in order to the better Preservation and Security of their Lives Estates and Commerce so to imagine that they would transfer this Right to the Mayor is to make them surrender all that is dear unto them into the hands of one who may be a knave or a fool and either from his own inclination and in pursuance of his own ends or being either menaced or wheedled by others be influenced to betray and destroy them And as my Lord Mayor hath no Jurisdiction over the Common-Hall being there only as a Concivis or fellow Citizen so it being in their powâ—r to impeach and punish him precludes all his pretences of being Judg over all that Aâ—…mbly For tho the Common-Hall be not properly a Court as the Citizens do there meet to chuse Magistrates P. 462. yet Manwood says it is a Court to punish the Mayor and Aldermen when they stand against the duty of their places which as it plainly declares him to be no Judg there nor to have any Judicial Authority over that Convention so we may likewise collect from thence that he hath no power to adjourn the Hall For there is nothing more unreasonable and ridiculous than for the Common-Hall to have a power to call the Mayor to accounâ— for acting contrary to his Trust and Oath and yet at the same time to leave him a power to adjourn or dissolâ—e the Assembly when he pleaseth Nay the acknowledging such a Prerogative to belong to the Mayor were to put him into a capacity of presenting not only the Elections of all City Officers the choice whereof lies in that Assembly but even 〈◊〉 Parliament unless he be gratified and humoured in the persons to be Elected Yea the subâ—…ing to such a claim as this were to vest such a Right in my Lord Mayor as would threaâ—en and 〈…〉 to destroy the whole Government of the Kingdom For it is but tâ— have a weak or an ill disposed man in the Chair and it is in the power of any great person that will but caress or bribe him to shake the Peace of the Nation and advance what and whom he pleaseth by vertue of this challenged Prerogative seconded with the many legal Jurisdictions which appertain unto the Mâ—yor as he bears the Sword And to fancy that my Lord can dissolve or adjourn the Hall without the consent of the Free men meerly because he is trusted to Summon and Convocate the Assembly is to betray a great weakness of understanding and to tell all the World that they do labour under some defect in their reasoning Faculties For as the convocating the Commons together is sealed in the Mayor neither by Charter nor Prescription but meerly entrusted with him out of Complement and Respect so it is not only certain that they anciently assembled without any Precept from my Lord Mayor but that when the issuing out of Precepts for this purpose came first in use the emitting them was sometimes referred to my Lord Mayor and the Aldermen and at other times to his Lordship and the Sheriffs Nay notwithstanding this care that is devolved upon him of Summoning the Free-men together yet in case he should fail in convocating them at due times and seasons and for the necessary affairs and occasions of the Corporation they may come together of their own accord and according to Law Charter and their duty they ought to do so And as whatsoever his Lordship doth in this way is meerly official so being enjoyed by the Mayor through the meer grant and concession of the Citizens they may not only reassume it when they please and place it elsewhere but even in the interim his Lordship can challenge no more than what in consistency with their own Rights and meerly in subserviency to Method and Order they have granted and convey'd unto him Nor were it more absurd for the Court of Kings-Bench to dismiss a Jury in the midst of a Trial without the consent of the Plaintiff and Defendant than for any even upon the supposal that they had some Jurisdiction and Authority in and over the Common-Hall to dismiss the Free-men before they had transacted and performed what they met about And if the Judges in our Westminster-Courts would not be so silly as to hope the escaping of Punishment should they do such an Illegal Arbitrary and Pernicious Act as that so I know not by what Priviledg my Lord Mayor thinks to come off for assuming both a Power to Adjourn the Hall over which he hath no Jurisdiction and to do it when they were in the midst of their business And if the Parliament impeached my Lord Chief Justice Scroggs for dismissing the Grand Jury before they had made their Presentments it is not to be doubted but that a Parliament will call Sir John Moor the present Lord Mayor to an account both for disturbing the Freedom of an Election and Usurping unto himself the Power of Adjourning the Assembly without their Consent before they had perfected the business they were congregated about and were legally proceeding in But I suppose his Lordship hath not well considered what punishments have overtaken some of his Predecessors for acting contrary to Law and the Duties of their place and therefore besides the recalling to his Memory what befel Sir Samuel Sterling for denying the Poll and dissolving the Common-Hall I shall recount unto him the unhappy and miserable fate of Sir Edward Bromfield who was chosen into the Chair on Michaelmas day 1636. This poor and unfortunate Gentleman was upon the Opinion and Authority of the Judges concerning the Legality of the Ship-mony and upon the assurance of the late Kings Royal Word to indemnify him and upon the Warranty of an Act of Common-Council to save him harmless and that all Suits which should be brought against him or his Officers in the Execution of the Writs for the Levying that money should be defended at the City Charge I say he was by
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 frâ—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 râ—…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 pâ—…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.