The TEMPORAL GOVERNMENT. [Aldermen.]92

The TEMPORAL GOVERNMENT. [Aldermen.]

To which may be added, to shew in what a Ferment things now were in the City, upon the Infringement of this Custom of the Maior in nominating a Sheriff, Thomas Pilkington, Esq; Slingesby Bethel, Samuel Swinnock, John Deagle, Richard Freeman, John Jakel, John Key, and John Wickham, Sir Thomas Player, Henry Cornish, Samuel Shute, and Francis Jenkes: All these were in the Years 1682 and 1683, prosecuted and convicted for a Riot, about the Election of Sheriffs for the City of London. And by Judgment of the Court of King's Bench in Trinity Term, 1683, were fined 4100l. and by Imprisonment and otherwise were forced to pay the same: Which soon was paid into the Exchequer.

A Riot in an Election of the Sheriff.

Sir Richard Levet being Maior, an Act of Common Council was made, and printed: Wherein it was ordered, concerning an Act of Common Council made in the Maioralty of Sir Robert Ducy, Knight, which repealed two Clauses in two Acts of Common Council, made in the several Maioralties of the said Sir Robert Ducy and Sir William Pritchard, Knights.

Several Acts about Election of Sheriffs, repealed.

The Act made in Ducy's Maioralty, mentioned an Act made May the 5th, 34 Reg. Elizab. Sir William Webbe, Maior, touching the Choice, Election and Confirmation of the Sheriffs of this City and County of Middlesex, and divers other Acts of Common Council made concerning the same. Now by Ducy's Act, all those Acts were made void and of none Effect: For that the same Laws had not taken so good Effect as might have been wished, by reason that the Penalties and Forfeitures therein contained, had been over mild; and thereby his Majesty's Service was in danger of Prejudice; and the Citizens, by reason of their often Refusal of the Office of Sheriff, had been much troubled and disquieted.

Now it is ordered, that the Day for Confirmation and Allowance of such as shall be chosen by the Lord Maior to be Sheriff of the City and County of Middlesex; as also for the Choice and Election of such other Persons, as by the Lord Maior, Aldermen, and Commons, should be chosen to be Sheriffs of the City and County of Middlesex, should be yearly holden on the 24th of June. Or if there should be just Cause to make a new Election, then the same to be from time to time on such Day as should be ordered by the Court of Lord Maior and Aldermen.

The Day of Election the 24th of June.

That no Freeman of the City so to be chosen, be discharged or exempted from the Execution of the Office of Sheriffalty, except he will voluntarily take his Corporal Oath, before the Lord Maior and Aldermen in open Court, that he is not of the Value of 10000l. in Lands, Goods, and seperate Debts; and do bring with him six other Citizens of good Credit and Reputation, who shall voluntarily testify upon their Oath, that in their Consciences they believe that the said Person hath deposed and sworn truly.

Sheriff to be elected to be worth 10000 Pounds.

And if any Person being a Freeman shall be chosen Sheriff, and Publication by open Proclamation made in Guildhall, in the Hustings Court, in the Presence of the Lord Maior and Aldermen, and, in his Absence, in the Presence of eight Aldermen at least; and being called to come forth and take the Office of Sheriff, shall not personally appear in the Inner Chamber of the Guildhall at the next Court there to be holden (unless he have reasonable Excuse to be allowed) and there become bounden to the Chamberlain of the City and his Successors by his Deed obligatory in the Sum of 1000l. with Condition that he shall personally appear in the Publick Assembly in the Guildhall on the Vigil of St. Michael the Arch-Angel next following, at the Time in that behalf accustomed, and then take upon him the Office and Charge of Sheriff, then the said Obligation shall be void.

To give a Bond of 1000 Pounds to serve.

Or if such Person refuse to take upon him the said Office, then such Person as maketh such Default of Appearance, or which shall declare his Refusal, shall forfeit 400l. to the Maior and Commonalty. And if the Person so to be chosen, and deny to become bounden, or declare his Refusal, be an Alderman at the time of his Choice, then he shall forfeit 600 Marks. And the same Person so offending, or refusing after such Forfeiture, shall remain eligible yearly afterwards.

In case of Refusal to forfeit 400l. If an Alderman, 600 Marks.

And if any Default or Forfeiture shall be made by any Person that shall first in any Year be chosen by the Lord Maior; then 100l. Parcel of such Forfeiture, shall be bestowed upon such Person as shall first in the same Year accept and take upon him the said Sheriffalty, or upon such other Person as shall be chosen by the Lord Maior, Aldermen and Commons of the said City. The Residue of the Forfeitures shall be used, and employed to the Use of the Maior, Commonalty, and Citizens.

And if any shall not pay such Forfeitures to the Chamberlain within three Months, then he shall over and above the said Penalties and Forfeitures, forfeit and lose the Sum of 100l. more.

In what Case 100l. more forfeited.

And that no Alderman, in respect of Posteriority of Choice to the said Office, be inferiour in Ancienty or Pre-eminence to any Commoner, It is enacted, that the Lord Maior shall not elect any Commoner to be Sheriff, so long as there shall be then an Alderman of the City eligible to the same Office.

Care for preserving the Ancienty of an Alderman.

The Lord Maior and Aldermen to have no Power to dispense with, or remit any of the Forfeitures without the Assent of the Commoners, in publick Common Council.

June the 15th, Anno Dom. 1694. Sir William Ashurst Maior. That Clause of the former Act, "That the Lord Maior shall not choose or elect any Commoner so long as there shall be an Alderman of the City eligible." And another Clause in another Act made the 6th of June, 35 Car. II. in the Maioralty of Sir William Pritchard, wherein it was enacted, "That the Person who shall be nominated and elected according to ancient Usage by the Lord Maior to be one of the Sheriffs, and such Election to be declared to the Commons assembled in Common Hall upon the 24th of June, shall there by the Commons be confirmed and allowed to be one of the Sheriffs; and that upon proposing the said Person, in case any Hand shall be holden up in token of Confirmation, the said Person shall be taken to be confirmed and allowed. And then another Person shall be chosen by Majority of Hands to be the other Sheriff." Which Clause being not only repugnant to Reason, but contrary to the Rules and Methods of Election, the said several Clauses before recited, and either of them, were repealed and annulled.

Another Act concerning Sheriffs to be elected.

Which two former Acts were reckoned so material and necessary to be known by the Citizens, that in the Year 1700 there was an Act of Common Council made, that they should be published in Print for the Direction and Use of all Common Council Men in the several Wards. Which was as follows.

An Act for printing the same.

Com'