Journal of the House of Commons: Volume 10, 1688-1693. Originally published by His Majesty's Stationery Office, London, 1802.
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Mercurii, 29 die Maii ; 1° Willielmi et Mariæ.
THE adjourned Debate, upon the Report from the Conference with the Lords, touching the Amendments to the additional Poll Bill, was resumed.
And the Question being put, That the House do agree with the Lords therein;
It passed in the Negative, Nemine contradicente.
Resolved, That a Message be sent to the Lords, to desire a free Conference, upon the Subject Matter of the Amendments to the additional Poll Bill.
Ordered, That Mr. Hamden sen. Sir John Trevor, Mr. Finch, be added to the Persons that managed the last Conference.
Leave of Absence.
Ordered, That Sir Roger Twisden have Leave to go into the Country, for Three Weeks.
Bill of Oaths.
Resolved, That the House will proceed in the Consideration of the Bill of Oaths, next after the Money Bills are dispatched.
Resolved, That the Bill touching Bankrupts, be read a Second time To-morrow Sevennight.
East India Company.
The Order for proceeding upon the Matter touching the East India Company was read.
And the Governor and Deputy Governor being called in, Mr. Speaker desired to know their Resolutions touching the Producing the Instructions.
And the Governor acquainted the House, That the Committee for the Company begged the Favour of the House, That they might not be compelled to produce them; being advised, by their Counsel, not to do it.
And then they withdrew.
Resolved, That they be called in again; and asked, If they have any further Defence to make; and also, afterwards, concerning any Stock of King James lately transferred in the Company.
And they were called in; and asked accordingly.
And they desired the Narrative and Journal, formerly delivered into the House, may be read: And acknowledged, That King James had Three thousand Pounds Stock in the Company: But that he bought it with his own Money; and therefore, they conceived, ought not to have denied the admitting of a Transfer thereof.
And that, as to the Seven thousand Pounds Residue it was a Present made to him by the Company.
And then they withdrew.
Resolved, That the Council on both Sides be called in.
And, accordingly, they came in; and were again heard what they had to offer; and Witnesses examined again touching the Matters complained of.
And then they withdrew.
And a Debate arising in the House, upon what had been offered in the Cause;
Resolved, That the Debate be adjourned till Friday Sevennight next.
Bill of Indemnity.
The Order for proceeding in the further Consideration of the Heads of the Bill of Indemnity was read.
Resolved, That the Bailing, by the Court of King's Bench, Persons committed upon Impeachments by this House, is one of the Crimes, for which some Persons may justly be excepted out of the Bill of Indemnity.
Grievances of City of London.
Mr. Foley reports from the Committee appointed the Fifth of March last, to inquire who were the Authors and Advisers of the several Grievances then resolved, relating to the City of London, That the Committee having often met, and examined into the several Matters accordingly; they had directed him to make a Report thereof: Which he read in his Place; and afterwards delivered the same in at the Clerk's Table: Where the same was read; and is as followeth;
That, as to the First Resolution relating to the City of London, it appeared by many Witnesses, That, on Midsummer Day 1682, Sir John Moore, Lord Mayor, the Aldermen and Common Council being met in the Guildhall, as was usual, Proclamation was made, by the common Cryer at the Hustings, That they were come thither to confirm One Sheriff, and to elect another: At which, the Citizens were so dissatisfied, that they would not proceed, till the common Cryer had, by the Assent of Sir John Moore, declared they should choose Two: Upon which the Citizens proceeded; and held up their Hands for Four; viz. Sir Dudley North (then Mr. North), Mr. Papillion, Mr. Dubois, and Mr. Box: And the then Sheriffs, viz. Mr. Pilkington, and Mr. Shute, upon the View, did declare the Majority to be for Mr. Papillion and Mr. Dubois: Upon which, a Poll was demanded for Mr. North and Mr. Box. Hereupon many Citizens went to the Court of Aldermen, with whom the Lord Mayor then was; and declared who had the Majority; and desired, there might be a Poll for All: And Sheriff Pilkington, coming then to the Court of Aldermen, declared how he found the Majority; and that he had promised the Hall a Poll: And it was then agreed, by the Mayor and Court of Aldermen, a Poll should be taken: And the Town Clerk, Mr. Wagstaffe, was ordered by the Lord Mayor, to make Books for all Four: which he did, and delivered those Books to the Sheriffs: And, accordingly, a Poll was begun to be taken for all Four, by the Direction of the Sheriffs, about Two a Clock that Day; and, after they had proceeded therein, the Lord Mayor, Sir John Moore, together with Sir James Edwards, Sir Wm. Pritchard, Sir Jonathan Raymond, Sir Simon Lewis, and other Aldermen, since dead, together with one Adam Bancks, and * Hall, Two known Papists, with many others, about Five a Clock, finding it was like to go against North, came to the Poll, in a disorderly Manner, crying, "Confirmation;" and would have that Word put on the Top of the Column for North; and the Poll adjourned: To which the Sheriffs not consenting, afterward Sir John Moore, and the Aldermen with him, went to the Council Chamber, where the Majority of the Aldermen then present joined with the Lord Mayor, to order an Adjournment: And gave Order to Mr. Wagstaffe, to go and adjourn the Common Hall: And, accordingly, he dictated to the Cryer; who declared an Adjournment till the Twenty-seventh Day of June.
The Sheriffs being still polling, and taking themselves, according to constant Usage, to be Judges thereof, took no Notice of the Adjournment of the Lord Mayor; but by Advice of Counsel learned in the Law, went on with their Poll, till about Eight or Nine of the Clock; when the Books were sealed up: And, by the Consent of the Hall, they adjourned the Poll till the Twenty-seventh of June. Whilst they were polling, in the Yard, Proclamation was made, by the Order of Sir John Moore, for all to depart, upon Pain of Imprisonment.
On Monday, the Twenty-sixth Day of June, Sir John Moore summoned the Aldermen and Sheriffs only, to attend him to Whitehall: When they came there, they were called before the Council; and many Witnesses examined there on Oath, concerning the Sheriffs Proceedings: And the Two Sheriffs thereupon were charged, That they exceeded their Bounds, in proceeding in the Poll after the Lord Mayor's Adjournment.
The Sheriffs had no Notice of this Accusation beforehand; nor had they any Counsel with them: But they justified their Proceedings, That the Poll, of Right, did belong to them to take, and they were Judges of it: Upon which they were committed to the Tower.
The Common Hall were to meet the Day following, June the Twenty-seventh, both by the Adjournment of the Lord Mayor, and of the Sheriffs: But the Sheriffs, being Prisoners in the Tower, writ to the Lord Mayor, and desired the Poll should be adjourned, till the Fifth of July following; which was done by the Consent of the Common Hall.
. . . . Being met, and the Sheriffs at that time, out on Bail, the Lord Mayor sent a Message by Sir Geo. Trebye That he was fallen sick; and therefore desired there should be an Adjournment till Friday following, July the Seventh: Upon which, the Sheriffs put that to the Question, Whether they should adjourn, or no: And, being carried in the Negative, they proceeded to take the Poll, and finished the same; and afterwards, declared upon the Hustings, that the Votes for
And, thereupon, the then Sheriffs declared Mr. Papillion and Mr. Dubois to be the Sheriffs for the Year ensuing: And afterwards, the same Day, reported what was done, to the Lord Mayor.
Friday, the Seventh of July, the Lord Mayor, on a Conceipt that his Message to the Court to adjourn (though they consented not) was in Law an Adjournment, sent for Counsel Sir George Jeffryes and Mr. Saunders, to argue that Point against Mr. Pollexfen and Sir Wm. Williams, and the Recorder Sir George Treby, who were Counsel for the City, to defend them against the Quo Warranto, which was prosecuted against them by Sir George Jeffryes and Mr. Saunders, that such a Message could be no Adjournment; and, consequently, that there was no common Hall that Day, there being no new Summons, though many Citizens were there to hear what was done.
After the Counsel had argued, the Lord Mayor resolved he would adjourn it, taking it for a Common Hall, until the Fourteenth of July: And, being pressed not to follow the Advice of that Counsel, who were against their Charter; but of them, who were for the Defending of it; the Town Clerk said, He heard the Lord Mayor, as he was going to do it, say, "I am resolved to do it: If I perish, I perish." And, accordingly, he did pronounce an Adjournment to the Fourteenth of July; by which Day, an Order of the Privy Council was procured, That the City should proceed to a new Election: And the Common Hall being met that Day, the Order was read; but the Common Hall insisted on the First Election.
Mr. Peter Essington said, He, being near the Lord Mayor, heard him say, If they would go on to a Poll, they should poll for all Four; and he would wave his Drinking to Mr. North: Upon which, the Citizens, protesting for the Saving their Right on the First Poll, were induced to proceed to a new Poll: And the same was begun, and carried on, for some time, by the Sheriffs Order; until the Lord Mayor came again to the Hall; and called out Mr. North as Sheriff; and would allow of no Poll but for Three: But the Sheriffs, notwithstanding this, went on, and took the Poll for all Four; which they finished the next Day; and then the Numbers on the Poll, stood as followeth;
And accordingly, the Fifteenth of July, the Sheriffs did again declare Mr. Papillion and Mr. Dubois to be Sheriffs: But, during this Poll, the Lord Mayor ordered a Poll to be taken by Mr. Crispe, the common Serjeant, Mr. Monk, Mr. Lightfoote, and others; at which they would allow none to poll for Mr. North; and the Managers of that Poll gave ill Language to the Citizens, who came to inspect it: Which Poll had very few, but who gave their Votes for Box; the other Citizens giving their Votes, at the Poll appointed to be taken by the Sheriffs: And, upon the Poll taken by the Lord Mayor's Officers, the common Serjeant made Report, That Box had the Majority in his Poll; and the Lord Mayor, thereupon, declared North and Box Sheriffs.
After this, many Petitions and Addresses were made by the Citizens to the Lord Mayor, that they might have the Sheriffs they had chosen; and Caveats were entered with the Town Clerk, against the swearing North and Box; and, particularly, July the Eighteenth the then Sheriffs gave an Account to the Lord Mayor, both of the First and Second Poll; and that the Citizens, who declared against the Confirmation of Mr. North, on the Poll, were 2,414.
The Fifth Day of September, Sir Wm. Cooper and Mr. Raynton, who had been Knight of the Shire for Middlesex, and many others, Gentry of Middlesex, and Citizens of Westminster, petitioned the Lord Mayor, That he would declare Mr. Papillion and Mr. Dubois Sheriffs; and the Citizens of London petitioned, That they may be called on to give their Bonds, according to Custom.
The Answer the Gentry of Middlesex, and Citizens of Westminster, had, was, That they were indicted in the King's Bench for their Petition; but, pleading the special Matter, they escaped, because the Court did not think fit to proceed therein. But the Answer the Citizens had, was, That Westminster Hall was open, and they had their Remedy there.
After this, the Fifth of September, the Court of Aldermen admitted Mr. Box to a Fine; and summoned another Common Hall, the Nineteenth of September, when they proposed to the Common Hall, to proceed to elect one in the Place of Mr. Box: Upon which, the Citizens cried out, They would stand to the First Poll: And the Sheriffs putting that Question, Whether they would stand to the First Poll, or not; it was carried by 2,092 to stand to the First Poll; the Negative was 12; for Sir Dudley North 1; for Peter Rich 21.
When the Common Hall was met, some of the Citizens, who were for Sir Peter Rich, had agreed beforehand, that they should be directed by a Sign of a Handkerchief held up, to hold up their Hands: And though those who were near the Common Cryer, (who in such Cases is to put the Question) could not hear, that ever he named Rich; yet one standing near him, holding up a Handkerchief; and another in the Clerk House, holding up another; and another in the Sheriffs Court, which was at the lower End of the Hall; occasioned when the Poll was taken, that these Twenty-one polled for Rich; though the Generality of the Hall knew nothing of his being proposed: Whereupon the Common Serjeant reporting this to the Lord Mayor, and Court of Aldermen, the Lord Mayor came down, and declared Peter Rich to be Sheriff.
The Twenty-sixth of September, Rich, coming to sign his Bond, was advised, by the Citizens, and many of his Friends, against taking the Office; Things being thus carried: To whom he replied, That the Lord Mayor and Aldermen being his Masters; if the Lord Mayor declared him Sheriff, he would accept of it.
The Companies were summoned to attend, according to Custom, the Twenty-eight of September, at the Swearing of the Sheriffs: But when they came thither, they found Soldiers at the Door, commanded by Lieutenant Colonel Quoining, who refused many entering into the Hall; and, afterwards, those who got in, were kept off from coming to the Hustings; and they had no Way to get through, but by saying, they were Friends to Mr. North, and then they let them pass: And, in particular, Sir John Lawrence, who got into the Hall, and got up to the Hustings Door, he being one of the senior Aldermen, who, by Custom, ought to be present at the Swearing of the Sheriffs, was abused by the Soldiers; and, by Force, pulled from the Bar, though he told them, they knew he was an Alderman, and Justice of Peace; and asked them, How they durst meddle with him, and by whose Order they did it: Whose Answer was, That was not material, whether they had Order or not; but afterwards said, They had express Order from the Lord Mayor and the Lieutenancy. Sir Tho. Gould, Sir Patience Ward, Alderman Cornish, and others, were used in the like Manner. Mr. Lucy Knightley, with much Difficulty, got up to the Hustings; where Sir James Smith asked him, What he did there: Who said, He came to protest against the Lord Mayor's Proceedings: On which Sir James Smith quarrelled with him, and caused him to be put out: But, before he went, he saw Mr. Papillion and Mr. Dubois, after they had demanded of the Lord Mayor to be sworn, lay their Hands on the Book: The Lord Mayor commanded them to take them off; but they putting their Hands on again, Sir James Smith said to them, What, do you assault my Lord Mayor on the Hustings? On which they were forced to desist, notwithstanding the Claims made by Papillion and Dubois, which appears in several Papers: But Sir John Moore, in the Presence of Sir Wm. Hooker, Sir James Edwards, Sir Wm. Pritchard, Sir James Smith, Sir Robert Jeffryes, Sir Simon Lewis, and Sir Jonathan Raymond, and Four more Aldermen since dead, who came with Sir John Moore to the Guildhall; and there, with an armed Force, did swear North and Rich Sheriffs.
The Citizens, for what they did, in asserting their Rights, were indicted for Riots, and fined thereupon. The Prosecution of which was managed by Burton and Grahme; viz.
Which Fines were set on them by Mr. Justice Jones, who was afterwards Chief Justice of the Common Pleas.
Benjamin Leech, for saying North and Box were not Sheriffs, was committed by Sir John Moore, and indicted at the Old Bayly; where Mr. Thomson, being his Counsel, pleaded the special Matter: Upon which, the Court was put to a great Difficulty; and, for a long time, were persuading his Counsel to advise his Client to withdraw his Plea, because of the Consequence of it: And when they could not prevail therein, though Justice Levinz and the Recorder, Sir George Treby, advised they should consult the Judges on this Plea, the Mayor and Aldermen overruled them, and fined Leech Twenty Marks; which he paid to North and Rich; and they gave their Acquittance for the same.
Several Citizens did attest the Rudeness of the Soldiers; and, though they told the Soldiers they were summoned, yet they would not suffer them to come into the Hall: On their pressing to come in, Lieutenant Colonel Quoining threatened to shoot them; and bid his Men present; and to others, ordered his Men to knock them down, with the But-end of their Musquets: And accordingly, one Soldier struck at one in a Gown; but Mr. Bellamy interposed, and received the Blow on his Arm. Several, who got into the Hall, did attest the Soldiers were very rude to Sir Robert Clayton, Sir Patience Ward, Sir John Lawrence, and others.
September the Twenty-ninth, in a Common Hall for the Choice of a Lord Mayor, Four were put up; viz. Sir Wm. Pritchard, Sir Hen. Tulse, Sir Thomas Gould, and Alderman Cornish.
But a Poll being demanded, it appeared,
Before it was known how the Poll stood, the Citizens waited on the Lord Mayor, Sir John Moore, to desire a Scrutiny; which he then denied: But Three or Four Days afterwards, when the Poll had been cast up, and the Majority was found for Gould and Cornish, Alderman Duncomb said to the Lord Mayor, A Scrutiny had been demanded, and it was fit to be allowed: And the Lord Mayor ordered, there should be one: And Sir Dudley North did refuse to declare, according to the Poll taken, till he knew what the Court of Aldermen would do. They who were appointed for the Scrutiny, on the one Side, made their Report; in which, they answered the Objections taken by them who were for Pritchard and Tulse: And that then the Poll stood
Those appointed to take the Scrutiny on the other Side, made no Report: But the Common Serjeant before the Aldermen allowed, and then the Sheriffs declared, the Poll to be thus;
One great Objection to the Pollers was, That many of the Livery of Merchant Taylors Company, had not taken the Liveryman's Oath: To which it was answered, That there was no Oath for a Liveryman appointed, other than by the By Laws of the Company: And that, 1680, * Bushell, being Master of the Company of Merchant Taylors, had, by the Consent of the Company, taken off the Oaths from the Liverymen of that Company. Sir Peter Rich wondered how the Report, from the Scrutineers, could be drawn up so soon; but owned it was a true Account: And yet joined with North, to declare Sir Wm. Pritchard Mayor; who was admitted, and sworn accordingly.
Mr. Papillion and Dubois, after this, bring each a Mandamus to be sworn Sheriffs, as being duly elected: To which the Lord Mayor, Aldermen, and Sheriffs, viz. Sir Dudley North and Sir Peter Rich, made a Return, that they were not duly elected.
Upon this, Papillion and Dubois bring their Action against Sir William Pritchard Lord Mayor, Sir Dudley North, Sir Peter Rich, Sir James Edwards, Sir Henry Tulse, Sir James Smith, Sir Rob. Jeffryes, Sir Simon Lewis, Sir Jonathan Raymond, Sir John Peake, Sir Wm. Royston, Sir Peter Daniell, Sir John Moore, and Sir Thomas Beckford.
The Writs being directed to the Coroner, he waited on them Three or Four Months, to desire their Appearance; but they slighted him, and made him wait till the Time for the Return was out: Then the Writs being renewed, he arrested the Lord Mayor: Who said, There must be some Plot to take up all the Magistrates of the City: To whom the Coroner replied, He knew of none; and it might easily be evaded: If they would give Bond to appear, they might immediately be discharged.
The Coroner having several, against whom the Actions were brought, in his Custody, the Lieutenancy was ordered with his Soldiers, to come thither; who threatened to pull down his House, and were very rude: The Lord Mayor refused to give Bond; and, whilst that was in Debate, they found out a Way to send the Coroner to the Compter, upon an Action once entered for a real Debt, by his Consent, but afterwards countermanded: And, when he was in the Compter, they would suffer none to come to him: And at his House, because he was not there present, they refused to give Bond; and so went their Way.
The Coroner went the next Morning to the Lord Mayor: But Weston, and others, denied him Access; and drew their Swords, and threatened to run him through: This was complained of to the King's Bench: Where the Court seemed to resent it; and said, They should all appear: But Papillion and Dubois, being tired with the Difficulties they met with, did not proceed any further: But Sir Wm. Pritchard brings an Action against Mr. Papillion and Dubois, which, after the Death of Dubois, was tried, and Ten thousand Pounds Damages given against Mr. Papillion, for ordering the Lord Mayor to be arrested.
That, before any of those Proceedings an Information, in the Nature of a Quo Warranto, was brought, in the Name of Sir Robert Sawyer, and prosecuted by Burton and Grahme against the City of London: Upon which, Judgment was given against them by Mr. Justice Jones, Raymond, and Withens: And some of these Justices declare, they had the Opinion of Saunders, then Chief Justice, concurring with them: But it was attested, at the Committee, That Saunders was speechless and senseless, when they came to him for their Opinion.
That it further appeared, That Pemberton and Dolbin, who were Justices of the King's Bench, were removed from that Court; their Opinion having been discovered, to be against this Information brought against the City.
That Sir John Moore, being summoned, appeared before the Committee several times; and to that Part of the Charge, which related to his swearing Sir Dudley North Sheriff, he said, It was the Right of the Lord Mayor, for the Time being, to elect One of the Sheriffs; and to the other Part, of making Sir Peter Rich Sheriff, He said, He did nothing therein, but by the Advice of the Court of Aldermen; and produced several Orders of that Court, wherein they advised him to act what he did therein.
As to the Claim of the Lord Mayor's Electing One of the Sheriffs, it appeared to the Committee, That, by the ancient Charter of King William the Ist. Henry I. King John, and Henry III.; confirmed by Edward Ist. Edward the II. Edward IIId.; and so down by all Kings and Queens; and even by King Charles the Second; the Citizens are to choose and appoint Sheriffs for London and Middlesex: And by an Act of Common Council, 4 Hen. V. it is ordained, That the Sheriffs be freely chosen, by the more sufficient Citizens summoned to the Election.
That, from the Twenty-first of Edward the IIId. unto the Year 1641, the Way of making Sheriffs was, That the Lord Mayor named One to be Sheriff and presented him to the Common Hall, who did confirm him, and choose another to act with him; except in Three or Four Years within that Time, when the Common Hall chose both the Sheriffs; the Persons drank to, in those Years, by the Lord Mayor, having refused to hold; and paid their Fines.
That, in all times, when the Lord Mayor drank to any Person, that Person, before the Day of Confirmation and Election, usually did either swear himself off, or fine, or give Bond; which Bonds, at first, were only to appear at the Day of presenting to the Hall for Confirmation; but afterwards, were conditioned to hold Sheriff for the Year ensuing.
But it appeared not to the Committee, Whether the Court of Aldermen had any Power, before Confirmation, to compel any hereunto: Only Mr. Pilkington said, He, being drank to, refused either to swear himself off, to fine, or to give Bond to hold, until he was confirmed by the Common Hall.
The City Records use several Phrases about this Concern of the Lord Mayor, as to One of the Sheriffs, as his choosing a Sheriff, 19 H. VIII. elected as well by the Mayor, according to his ancient Prerogative, as by the Commons.
30 H. VIII. an Order, or a Day certain for the Commons to choose, provides the Mayor shall name and elect One of the Sheriffs at his Pleasure.
13 Elizabethæ, an Order about the Sheriffs chosen, either by the Mayor, or elected by the Commons.
24° Elizabethæ appoints the First of August for Confirmation of the Person named by the Lord Mayor, according to ancient Usage; and for Election of another by the Commons: And, in case of Death, or Refusal to hold, by the Person named by the Lord Mayor, that he may name anew.
36 Eliz. 7 Car. I mi . appoints 21th June for Confirmation of Persons chosen and elected by the Lord Mayor; and of such other Persons, as by the Lord Mayor, Aldermen, and Commons, shall be chosen.
In a Book, called, Liber Albus, of an uncertain Time, but supposed to be in the Time of Henry the Vth. That the Mayor shall first choose, at his Pleasure, One Sheriff; for whom he shall be answerable as to One Moiety of the Farm due to the King, if he be not sufficient: But, if the Mayor choose by the Counsel and Assent of the Aldermen, they ought to answer with him: That the Commons choose One other Sheriff; for whom they are to answer, as to the other Moiety of the Rent due to the King.
22 H. VI. L. K. F. 214, 22 H. VI. John Hetherlye Mayor, in his own and the Aldermens Names, did name Richard Twyford to be One of the Sheriffs; and the Commonalty chose John Norman, Alderman, to be the other.
Yet, after the Search of all the Records, it could not appear, that ever any one named, or chosen, or drunk to, by the Lord Mayor, did hold Sheriff, unless he was confirmed by the Common Hall.
That, Anno 1641, was the First time the Common Hall refused to confirm the Person named by the Mayor: Upon which, the Lord Mayor and Aldermen petitioned the King, who referred that Petition to the House of Lords; and they endeavoured to make the Citizens agree the Matter amongst themselves, But that Method proving ineffectual, 21 August 1641, the Lords House Order, That, for That time, the Commonalty shall elect, hoping the First they would choose, should be the Person nominated by the Lord Mayor; with a Saving to the Rights of all Parties. Accordingly, 26 August 1641, they elected George Garrett, the Person named by the Mayor, and George Clarke.
24 June 1642, John Langham, chosen by Sir Richard Gurney Lord Mayor, was refused to be confirmed: Upon which, the Lord Mayor, Aldermen, and Commons, came to an Agreement, That the Commons, pro hac vice, should choose, without Prejudice to the Right of either Party; and, thereupon, they chose the said John Langham and Thomas Andrewes.
From thence to 1663, the Common Hall refused to confirm. From thence to 1674, the Common Hall constantly did confirm.
Anno 1674, the Common Hall refused to confirm Wm. Roberts, drunk to by Sir Wm. Hooker Lord Mayor; but chose Two others: Upon which the Matter was referred to a Committee, to examine Precedents to find where the Right lay; and to propose how to quiet this Dispute for the future: At last, the Committee advised, That Roberts should give Bond of Eight hundred Pounds, to pay Four hundred Pounds within Two or Three Years, conditioned to be void, if he did hold Sheriff, in case he should, within that Time, be drunk to by any Lord Mayor; and be presented, or else be elected: And that by an Act of Common Council, this Difference be settled.
This was the Advice of the Committee: But the Sheriffs chosen by the Common Hall, were the Sheriffs for the Year ensuing.
From 1674 to 1680, the Common Hall confirmed the Person named Sheriff by the Lord Mayor.
Anno 1680, after the Lord Mayor had drunk to Six in Succession, who fined one after another, on 24th June, the Common Hall refused the Person named by the Lord Mayor: Upon which, to prevent Dispute, the Person named fined; and the Common Hall chose Two Persons.
The Lord Mayor's Right was argued, from his and the Aldermens withdrawing, whilst the Common Hall confirmed the One Sheriff, and chose the other.
To which was answered, That the Records said, That other Sheriff, not named by the Lord Mayor, was to be chosen by the Lord Mayor, Aldermen, and Commons: So that their withdrawing was merely voluntary; and they might and ought to be present.
It was said, for the Lord Mayor's Right, That though the Charters were to the Citizens at large, to appoint Sheriffs, yet, by Custom and by Law, the Lord Mayor might as well appoint One Sheriff, as the Liverymen, when exclusive to the other Citizens, appoint the other. To which it was agreed; in case they could shew any Custom, or By Law, that the Common Hall must confirm the Person named by the Lord Mayor.
That the Committee was informed, by the Recorder of London, Sir Geo. Trebye, who had searched into all the Records about this Matter, and who had further consulted thereupon, with several learned Counsel, retained to defend the City against the Quo Warranto; That it was the Opinion of them All, and likewise of the Lord Chief Justice North, (with whom he discoursed that Year about this Matter) That the Common Hall was not bound to confirm the Person named by the Lord Mayor; but might reject him, if they pleased. And the Lord Chief Justice North said, His Brother should not hold, unless the Common Hall did confirm him.
That the Committee likewise conceived, That this House, and also the Grand Committee of Grievances, by the Vote passed in that Committee, and in this House, had concluded them from passing any Vote, as to the Matter of Right herein; and especially, in this Case, Sir John Moore, by allowing a Poll for both Sheriffs, having waved the Point several times: Therefore they did not determine any thing thereupon; but made their Resolution upon the whole Matter of Fact.
That, as to all the other Matters, Sir John Moore's Answer was, That it was long since transacted; that he could not remember the Particulars: But, in general, he stood upon it, That what he did, was by the Advice, or Order, of the Court of Aldermen: And, in particular, that the 24th of June, by their Advice, he adjourned the Common Hall to the 27th of June 1682: But this Order was not entered, because, at the next Court, when it was read, some of the Aldermen would not agree thereto: He produced their Advice of 27th June, to adjourn to the 5th July; which Adjournment was done by the Common Hall, by the Consent of the Sheriffs.
That 5th of July was the Day, on which the First Poll was finished, where it appeared Papillion and Dubois had the Majority by a great Number, and were declared Sheriffs; and Sir John Moore acquainted therewith.
The 7th of July, Sir John Moore produced the Advice of the Court of Aldermen, for him to go down, and adjourn the Common Hall to the 14th of July: But it appeared not to the Committee, That there was any Common Hall the 7th, which could be adjourned.
He likewise produced the Advice of the Court of Aldermen, of the 14th of July 1682, That he should, before any Proceedings upon the said Poll, cause Mr. North to be called forth as Sheriff Elect: But it was proved, at the Committee, That Sir John Moore, before this Advice, had consented to a Poll for all Four; viz. North, Papillion, Dubois, and Box: And that the Poll was begun accordingly, before Sir John Moore ordered there should be a Poll only for Three: But, on this Second Poll, Papillion and Dubois appeared to have each above 2,400; and Box and North had neither of them 200: But there was 2,414 against the Confirmation of North: Yet he declared North and Box Sheriffs, and doth not produce any Advice for That.
That, the 18th and 20th of July, they advised the Lord Mayor to consider of the Citizens Petition, to call forth Papillion and Dubois Sheriffs.
That, 5th September, they admit Box to a Fine. That, the 26th September, the Court of Alderman resolved, that Peter Rich should be called into that Court, to give Bond to take upon him the Office of Sheriff, which was done accordingly; but no Entry made, that he was elected, or why he should be called upon.
It appeared also to the Committee, That Mr. Crispe, the Common Serjeant, was called a Witness in a Trial, upon an Action brought by Sir Peter Rich against Sir Thomas Player, for One hundred Pounds; which, by Custom, he claimed as Sheriff out of Mr. Box's Fine: When Mr. Crispe, being so produced, did swear, That Sir Peter Rich was duly elected Sheriff, and had the Majority of Hands: And that, in another Trial, upon an Action brought by Sir Wm. Pritchard against Mr. Papillion, the said Mr. Crispe did again swear, That Sir Peter Rich was duly chosen Sheriff.
That Sir Dudley North was summoned, and appeared at the Committee; and stood upon the Right of the Lord Mayor to choose One of the Sheriffs; and he being drunk unto by Sir John Moore, he said, He thought it was lawful for him to take on him the Office of Sheriff.
That, upon the whole Matter, the Committee came to the Resolutions following; viz.
Resolved, That it is the Opinion of this Committee, That Sir John Moore was One of the Authors of the Invasion made upon the Rights of the City of London, in the Elections of Sheriffs for the said City, in the Year 1682.
Resolved, That it is the Opinion of this Committee, That Sir Dudley North was One of the Authors of the Invasion made upon the Rights of the City of London, in the Election of Sheriffs for the said City, in the Year 1682.
The House being informed, That a Breach of Privilege hath been committed upon a Servant of Sir Thomas Barnadiston, a Member of the House, by several Persons falling upon him, and beating him, and wounding him; One of which was one Ezekiell Archur, of Ilford in the County of Essex;
Ordered, That it be referred to the Committee of Privileges and Elections, to examine the Matter; and report the same, with their Opinions therein, to the House.
Ordered, That all Committees be adjourned.
And then the House adjourned till To-morrow Morning, Nine of the Clock.