CHAPTER XXX.

(M737)

The country seemed to be on the verge of another civil war. A re-action,

however, in favour of the king set in. The nation began to view the

situation more dispassionately and to entertain serious doubts whether

parliament had acted rightly in pushing matters to such an extremity. The

religious question after all might not be so important or so fraught with

danger as they had been led to believe by professional informers.

Addresses of the type of those presented by the lieutenancy of London and

the borough of Southwark, among them being one signed by over twenty

thousand apprentices of the city,(1453) began to flow in; and proceedings

were commenced against Protestants on no better evidence than had

previously been used against Catholics.

(M738)

Among the first against whom proceedings were taken was a Londoner named

Stephen College, a joiner by trade, who from his zeal in the cause of

religion came to be known as the "Protestant joiner." An attempt to get a

true bill returned against him at the Old Bailey, where the juries were

empanelled by the sheriffs of London and Middlesex, having failed, he was

removed to Oxford and tried there on a charge of high treason. After much

hard swearing a verdict was at length obtained.(1454)

(M739)

Having secured the conviction of College the council flew at higher game

in the person of the Earl of Shaftesbury. He was arrested at his house in

Aldersgate Street on the 2nd July, but it was not until November that a

bill of high treason was preferred against him at the Old Bailey. The

nomination of juries practically rested with the sheriffs, and the court

party had recently endeavoured to force the election of candidates of

their own political complexion. In this they had failed, although in

December last the king had endeavoured to change the character of city

juries by ordering the mayor (Sir Patience Ward) to issue his precept to

the Aldermen to see that none were returned by their wards for service on

juries "of inferior degree than a subsidy man."(1455) The sheriffs for the

year, Thomas Pilkington and Samuel Shute, who were zealous Whigs, took

care to empanel a grand jury which would be inclined to ignore the bill

against the earl, and under these circumstances the bill was thrown out

(24 Nov.).(1456)

(M740)

The failure of the court party to obtain a conviction of Shaftesbury owing

to the political bias of the sheriffs for the time being, determined them

to resort to more drastic measures to obtain the election of candidates

with Tory proclivities. In order to understand the method pursued it will

be necessary to review briefly the manner in which the election of

sheriffs had from time to time been carried out.

(M741)

From the earliest times of which we have any city record until the

commencement of the 14th century it had been the custom for the sheriffs

of London and Middlesex to be elected by the mayor, aldermen and "the good

men of the city" or "commonalty." But a custom sprang up in 1301 of

summoning twelve men only from each ward to take part with the mayor and

aldermen in such elections,(1457) a custom which found little favour with

the bulk of the inhabitants of the city, who insisted upon being present

and taking part in the proceedings. An attempt was made by the civic

authorities in 1313 to put a stop to the noise and confusion resulting

from the presence of such vast numbers at the Guildhall by an order

providing that thenceforth only the best men from each ward should be

summoned to take part in the elections, and two years later (4 July, 1315)

this order was enforced by royal proclamation.(1458) Nevertheless the

practice of summoning representatives from the wards was soon dropt, and

for more than thirty years the sheriffs continued to be elected by the

mayor, aldermen and the "whole commonalty." Another attempt (made under

Brembre in 1384) to restrict the number of the commonalty to "so many and

such of them as should seem needful for the time" (_tantz et tieux come

lour semble busoignable pur le temps_)(1459) was not more successful.

(M742)

In 1347 we meet for the first time with a new method of procedure. In that

year one of the sheriffs was elected by the mayor and the other by the

commonalty;(1460) and this prerogative of the mayor for the time being to

elect one of the sheriffs continued to be exercised with few (if any)

exceptions down to 1638. Neither in 1639 nor in the following year was the

prerogative exercised. In 1641 the mayor attempted to exercise it, but

through some negligence on his part was declared by the House of Commons

to have forfeited his right, and the election of both sheriffs devolved,

_pro hac vice_, upon the commonalty.(1461)

(M743)

From 1642 to 1651 the mayor for the time being exercised his prerogative

in electing as well as nominating one of the sheriffs, but the commonalty

always challenged his right to elect, although they paid the mayor the

compliment of electing his nominee to serve with the sheriff of their own

choice. From 1652 to 1660 (or 1661(1462)?) the mayor did not attempt to

exercise a right either of electing or nominating one of the sheriffs, but

in 1662, when the mayor would have elected as well as nominated Thomas

Bludworth as sheriff, the commonalty claimed their rights. Bludworth was

eventually returned together with Sir William Turner.(1463)

(M744)

In the following year (1663) the prerogative exercised by the mayor passed

unchallenged, and so continued until 1674, when, objection being

raised,(1464) the Common Council appointed a committee "to consider of the

matters in difference and now long debated in this court between ye right

honorable ye lord maior and commons of this citty concerneing the eleccon

of one of ye sheriffes and to finde out some expedient for ye reconciling

ye same."(1465)

(M745)

We now read for the first time in the City’s Records of a custom in

connection with the election of sheriffs (although that custom is said to

have arisen in the reign of Elizabeth),(1466) namely, the nomination or

election of a sheriff by the mayor drinking to an individual at a public

banquet. It appears that the lord mayor had recently drunk to William

Roberts, citizen and vintner, thereby intimating that it was his

lordship’s wish that Roberts should be one of the sheriffs for the year

ensuing. The commons objected to the mayor thus exercising his

prerogative, whilst the aldermen were no less determined to support

him.(1467) The committee to whom the matter was referred suggested a

compromise, namely, that Roberts should be bound over to take upon himself

the office if within the next two or three years he should be either drunk

to by the mayor or elected by the commons to be sheriff; and that,

further, an Act of Common Council should be forthwith made for settling

the shrievalty and all matters connected with it.(1468)

(M746)

No Act of Common Council appears to have been passed pursuant to the

committee’s recommendation, but in the following year (1675) and down to

1679 the mayor exercised his full prerogative of electing one of the

sheriffs without opposition, although the person so elected did not always

undertake the office.

(M747)

On Midsummer-day, 1680, the mayor elected George Hockenhall, citizen and

grocer, to be one of the sheriffs, but Hockenhall refused to serve and was

discharged on his entering into a bond for the payment of £400. The

commons thereupon stept in and elected Slingsby Bethell, leatherseller,

and Henry Cornish, haberdasher.(1469) At this juncture political influence

was brought to bear upon the elections. Bethell was particularly an object

of aversion to the court party. He is reported to have declared himself

ready to have acted as executioner of the late king if no one else could

be found for the job,(1470) and to have made himself obnoxious in other

ways. With Cornish little fault could at present be found. Objection was

raised to both these gentlemen acting as sheriffs, on the ground that they

had not taken the oath or received the sacrament as prescribed by law, and

another election demanded. Before this second election took place (14

July) they had qualified themselves according to the Corporation

Act.(1471) The mayor did not claim his prerogative on this occasion.

Bethell and Cornish were put up again for office, and against them two

others, Ralph Box, grocer, and Humphrey Nicholson, merchant taylor, who,

although nominated like Bethell and Cornish by the commonalty, were in

reality candidates put forward by the court party.(1472) Bethell and

Cornish having been again declared elected, a poll was demanded, which

lasted several days. At its close it was found that Cornish was at the

head with 2,483 votes, Bethell next with 2,276, whilst Box and Nicholson

followed with 1,428 and 1,230 votes respectively.(1473)

(M748)

The two first named were declared (29 July) duly elected. Bethell has been

described as a "sullen and wilful man," a republican at heart and one that

"turned from the ordinary way of a sheriff’s living into the extreme of

sordidness." Cornish on the other hand was "a plain, warm, honest man and

lived very nobly all his year."(1474) It was doubtless Bethell’s proposal

that the customary dinner to the aldermen on the day the new sheriffs were

sworn in should be omitted. If so, Cornish had to give way to the

parsimonious whim of his fellow sheriff. "What an obstinate man he was!"

remarked Cornish of him, when brought to trial five years later.(1475) The

aldermen refused to accompany the sheriffs to the Guildhall unless they

were invited to dinner.(1476)

(M749)

In the following year (1681) two other sheriffs of the same political

character, viz., Pilkington and Shute, were elected over the heads of the

same court candidates that had stood the previous year, the defeat of the

latter being still more pronounced.(1477)

(M750)

The king did not attempt to conceal his displeasure at the City’s

proceedings, and when the recorder and the sheriffs came to invite him to

dinner on lord mayor’s day,(1478) made the following answer:—"Mr.

Recorder, an invitation from my lord mayor and the city is very acceptable

to me, and to show that it is so, notwithstanding that it is brought by

messengers that are so unwelcome to me as these two sheriffs are, yet I

accept it."(1479)

(M751)

The outgoing sheriffs were presented (27 June) with an address(1480) from

the citizens assembled in Common Hall thanking them for their faithful

discharge of their office of trust and complimenting them more especially

upon their successful efforts to maintain and assert the undoubted rights

and privileges of the citizens and their "continual provision of faithful

and able juries." The address concluded with thanks to them for their

despatch in carrying out the recent "unnecessary" poll in connection with

the election of new sheriffs, and not delaying the matter by troublesome

adjournments.

(M752)

Opportunity was also taken of thanking the lord mayor (Sir Patience Ward)

and the members of the Common Council for presenting the recent address to

his majesty praying him to confide in parliament,(1481) and desired his

lordship to assure his majesty that the address reflected the true feeling

and desires of all his loyal subjects there assembled in Common Hall,

notwithstanding rumours to the contrary. They also desired to join in the

vote of thanks which the Common Council had passed to the city members

sitting in the last parliament for their faithful services.

(M753)

It required some courage for the mayor to again face the king and his

chancellor and to run the risk of another rebuff. Nevertheless, on

Thursday, the 7th July, the mayor went to Hampton Court, attended by Sir

Robert Clayton, Sir John Shorter and others, as well as by the sheriffs

Bethell and Cornish (the new sheriffs not coming into office until

September), to present to the king in council another address from the

Common Hall. It was received with no more favour than the last. The

chancellor affected to believe that it was but the address of a faction in

the city, and not the unanimous vote of the citizens at large. "The king

takes notice there are no aldermen," he said, whilst Alderman Clayton and

Alderman Shorter were at his elbow! In fine they were again told to mind

their own business.(1482)

(M754)

Although the court party had twice signally failed to obtain the

appointment of sheriffs who should be amenable to its control, they were

fortunate in having an adherent in the mayor elected on Michaelmas-day to

succeed Sir Patience Ward. The senior alderman who had not already passed

the chair happened to be Sir John Moore. It does not often occur that in

the choice of a mayor the Common Hall passes over the senior alderman who

is both capable and willing to take upon himself the office; but there was

some chance of it doing so in this case, inasmuch as Sir John Moore had

rendered himself unpopular with a large section of citizens by presenting

an address of thanks to the king for the declaration which his majesty had

published in defence of his having dissolved parliament.(1483) Two

aldermen, Sir John Shorter and Thomas Gold, were nominated with Moore for

the office. A poll was demanded, with the result that Moore was elected by

a majority of nearly 300 votes over his opponents.(1484) On his being

presented (7 Oct.) to the lord chancellor for the king’s approbation, he

was told that his majesty experienced much satisfaction at the choice of

so loyal and worthy a magistrate.(1485) Three days before (4 Oct.) the

Court of Aldermen nominated a committee to take informations concerning

the scandalous remarks that had been made against him in Common Hall on

the day of his election.(1486)

(M755)

Not content with this success, the king’s advisers determined upon

bringing the City to book for its recent attitude in the election of

sheriffs. The anomaly by which the citizens of London enjoyed the right of

electing their own sheriffs, as they had done with short intermissions for

the past 500 years, whilst in nearly every county of the kingdom the

sheriffs were nominated by the king, must be abolished. A writ in the

nature of a _Quo Warranto_ was accordingly issued to the sheriffs in

January, 1682, calling upon them to summon the mayor and commonalty and

citizens of the city to appear in his majesty’s court of King’s Bench to

answer by what warrant they claimed divers liberties, franchises and

privileges of which the writ declared they were impeached.(1487)

(M756)

Notification of service of the writ was formally made to the Common

Council on the 18th January. The council showed no signs of dismay; they

scarcely realized, perhaps, at the outset the true significance of the

writ or the consequence it was likely to entail. They had no cause to

think that the mayor, commonalty and citizens had usurped any liberties,

franchises or privileges without due warrant or had abused any to which

they had lawful title. One thing was plain. It was their duty to maintain

the rights of the City. They therefore appointed a committee to consult

with counsel learned in the law, and prepare a defence such as they might

be advised to make, and ordered the Chamberlain to disburse such sums of

money as might be required for the purpose.(1488)

(M757)

More than a twelvemonth was taken up in preparing the long and technical

pleadings(1489) preliminary to trial, and in the meantime another severe

struggle took place in assertion of the right claimed by the citizens to

elect both their sheriffs. The citizens ranged themselves in separate

factions, the Whig party under sheriff Pilkington, the Tories under the

mayor. Each leader entertained his supporters at dinner.(1490) There was

to have been a banquet held on the 21st April at Haberdashers’ Hall, at

which the Duke of Monmouth, Lord Shaftesbury and others of the Whig party

were to have been present, but the proposal getting wind, the mayor was

strictly enjoined by the Privy Council to prevent it as being a seditious

meeting and tending to create factions among the king’s subjects.(1491)

(M758)

The Duke of York, who had for some time past resided in Scotland, had not

increased in favour with the citizens of London. It is true that the mayor

and aldermen of the city paid their respects to his highness (10 April,

1682) at St. James’s Palace, on his return from the north, after paying a

similar visit to the king, who had recently returned to Whitehall from

Newmarket;(1492) but a proposal to offer an address to the duke praying

him to reside in London found but little response in the Court of

Aldermen, and was allowed to drop.(1493) It was not so long ago that his

picture hanging in the Guildhall was found to have been mutilated, an

offer of £500 for the discovery of the perpetrator of the outrage being

without effect.(1494) Just when Pilkington was about to lay down his

office of sheriff the duke entered an action against him for slander,

claiming damages to the extent of £50,000. For a time he managed to escape

service of the writ,(1495) but if he was not served before, his presence

in the Common Hall on Midsummer-day for the election of new sheriffs

afforded ample opportunity to serve him then.

(M759)

This election is one of the most remarkable elections in the City’s

annals. The royalist mayor, Sir John Moore, having previously drunk to

Dudley North at a banquet at the Bridge House (18 May), thereby intimating

that he nominated North as one of the sheriffs for the year ensuing,

according to custom, had issued his precept to the several companies (19

June) to meet in Common Hall for the purpose of _confirming_ his

nomination and electing another sheriff to serve with his nominee.(1496)

This form of precept was objected to, and when the Common Cryer called

upon the livery assembled in Common Hall to appear for the "confirmation"

of North, he was met with cries of "No confirmation! No confirmation!" and

the rest of his proclamation was drowned in uproar. "Thereupon," runs the

City’s Record,(1497) "Thomas Papillon, esq., mercer, John Du Bois, weaver,

and Ralph Box, grocer, citizens of London (together with the said Dudley

North, so as aforesaid elected by the lord mayor), were nominated by the

commonalty, that two of them by the said commonalty might be chosen into

the office of sheriffs of the city of London and county of Middlesex." The

Common Sergeant having declared Papillon and Du Bois duly elected, a poll

was demanded. This was granted and proceeded with until seven o’clock in

the evening, when the meeting was adjourned by the mayor until the 27th.

The outgoing sheriffs (Pilkington and Shute), however, disregarded the

mayor’s order for adjournment and continued the poll for some time longer,

but at last adjourned the meeting to the day fixed by the mayor.

(M760)

A fresh question thus arose, namely, whether the right of adjourning a

Common Hall was vested in the mayor for the time being or in the sheriffs.

Sir John Moore reported the conduct of Pilkington and Shute to the king’s

council, with the result that before the 27th day of June arrived they

were both committed to the Tower. They were afterwards admitted to

bail.(1498)

(M761) (M762) (M763)

In the meantime the Common Hall had been adjourned by the mayor from the

27th June to the 5th July. On the latter day the sheriffs duly appeared on

the husting, but the mayor being absent through indisposition, the

Recorder declared his lordship’s order that a further adjournment should

take place until the 7th July. The sheriffs again interposed and asked the

Common Hall if it was their wish that an adjournment should take place,

and the answer being in the negative they proceeded to finish the poll,

with the result that Papillon and Du Bois were again declared elected by a

large majority. Orders having been given to the Town Clerk to place their

proceedings on record, the Common Hall broke up.(1499)

(M764)

On the 7th the mayor and aldermen appeared in the Guildhall prepared to

proceed with the poll, ignoring all that had taken place two days before.

The Hall was very crowded, and soon debate arose as to whom belonged the

right of adjournment. The opinion of counsel was taken by both parties

then and there,(1500) but with little practical result, and the lord mayor

further adjourned the Hall until that day week (14 July).

(M765)

In the meanwhile several aldermen and citizens waited on his majesty in

council, and gave him an account of the late proceedings, with the result

that an order was sent to the mayor to hold a new election, the last being

declared irregular.(1501)

(M766)

The City’s own account of what took place at the Common Hall on the 14th

is thus recorded. After the order for a new election had been read,

"relation was ... _de novo_ made that Dudley North, esq., citizen and

mercer of London, was elected by the mayor by his prerogative, according

to the custom, into the office of one of the sheriffs of the city of

London and county of Middlesex for the year ensuing, that another might be

associated to him by the commonalty. And upon this, after declaration made

that the said Dudley North was confirmed and Thomas Papillon, esq.,

citizen and mercer of London, was chosen sheriffs, certain of the commons

demanded that it might be decided by the voices of the commons between the

said Dudley North and Thomas Papillon and John Du Bois, weaver, and Ralph

Box, grocer (named also by the commonalty), that the two of those four who

should have the most voices might be the sheriffs elected for the city of

London and county of Middlesex for the year ensuing. Whereupon the

sheriffs and other officers of the city in the accustomed manner went into

the upper chamber, where declaration of the premisses was made by the

common sergeant to the mayor and aldermen there sitting; which said mayor

and aldermen, the relation aforesaid well weighing, did declare the said

Dudley North to be rightly and duly elected and confirmed according to the

law and custom of the said city, and immediately came down upon the place

where the Court of Hustings is usually held, and there, in their presence

and by their command, the said Dudley North was solemnly called to come

forth and give his consent to take upon him the said office.(1502) And the

said lord mayor did then direct that the poll should be taken only for the

said Thomas Papillon, John Du Bois and Ralph Box, by certain persons

thereunto particularly appointed by the said lord mayor, that one of those

three who had the most voices might be associated to the said Dudley

North. And afterwards the said mayor and aldermen departed out of the

hall. And the poll for the said three persons last named was immediately

begun, and continued until the evening of that day. And then the said

congregation was, by order of the lord mayor, adjourned until the next

day, being Saturday, the 15th of July aforesaid, at 9 o’clock in the

afternoon [_sic._]. At which day the said poll being continued was in the

afternoon of that day finished. And thereupon relation was made by the

common sergeant to the mayor and aldermen that upon the poll taken by the

severall persons appointed by the said lord mayor as aforesaid, there were

60 voices for Mr. Papillon, 60 voices for Mr. Du Bois, and 1,244 voices

for Mr. Box. By which it appeared that the said Ralph Box had the most

voices, and so was elected into the office of one of the sheriffs of the

city of London and county of Middlesex for the year ensuing. And the same

in the afternoon was so declared by the common sergeant to the commons

then and there assembled, which said election of the said Ralph Box was by

the aforesaid mayor, aldermen and commonalty ratified and confirmed. And

thereupon, according to the form and effect of the Act of Common Council

in that case made and provided, publication thereof by proclamation being

then made in the place where the Hustings Court is usually held in the

presence of the said lord mayor, aldermen and sheriffs, the said Ralph Box

was then and there solemnly called, etc."

Very different is the account of the proceedings as given us in a tract of

the day.(1503) From the latter we learn that a separate poll was opened

the same day by the sheriffs, in which all four candidates were submitted

to the choice of the citizens, and the result of which was declared by

Sheriff Pilkington on the 15th, prior to the mayor’s declaration.

According to this poll, Papillon and Du Bois were again returned at the

head with 2,487 and 2,481 votes respectively. There were only 107 in

favour of confirming North’s election, whilst 2,414 gave their votes

against it. Box found himself with only 173 supporters. It was after the

declaration of this result that the mayor ordered the common sergeant to

declare the result of the other poll, but the declaration of the large

number of votes alleged to have been given in favour of Box caused so much

uproar that he could proceed no further. The mayor and aldermen thereupon

left the hall, and Papillon and Du Bois were declared by the sheriffs duly

elected.

(M767)

It was expected that Box would attend before the next Court of Aldermen to

be held on the 18th July to give bond for holding office as North had

already done, but he failed to appear. A petition, therefore, was

presented to the court praying that as Papillon and Du Bois had been

elected sheriffs the court should call them forth according to custom. The

mayor being advised to postpone giving an answer, another petition to the

same effect was presented at the next court (20 July), whilst yet a third

prayed that a _caveat_ might be entered against North and Box being

admitted and sworn sheriffs. The mayor was again advised to take time to

consider his answer.(1504)

(M768)

A week later (27 July) the mayor made the following reply to the

petitioners, by advice of the court:—"Gentlemen, this court hath

considered of your petition, and will take care that such persons shall

take the office of sheriffs upon them as are duly elected according to law

and the ancient customs of this city; and in this and all other things

this court will endeavour to maintain the rights and privileges of the

chair and of the whole city; and wherein you think that we do otherwise

the law must judge between us."(1505) This was little to the liking of the

petitioners, who complained that it was no answer to their petition; but

they were summarily dismissed.(1506)

(M769)

Thus the matter was allowed to rest until the 5th September, when the

Court of Aldermen were again prayed that Papillon and Du Bois might be

called upon to enter into bond according to custom. The only answer

returned was that Box, who in the opinion of the court had been duly

elected one of the sheriffs, had been discharged from service on payment

of a fine, and that another election would shortly take place. Thereupon

murmurs arose. There had been too many Common Halls already over this

affair, cried some, and their choice of sheriffs had been made. The mayor

bade them begone in the king’s name, or they would be looked upon as

tumultuous.(1507)

(M770)

The court sat again on the 12th September, when, we are told, a petition

similar to those before presented being again brought forward, a debate

arose which occasioned some sharp words, and the mayor ordered the sword

to be taken up and so dissolved the court; but nothing of this is recorded

in the minutes of the court.(1508) Two days later (14 Sept.), several

petitions were presented to the court, one being from the free-holders of

Middlesex.(1509) To these the same reply was made as had been given to the

petitioners of the 27th July. The petitioners were further told that it

was the mayor’s intention to call a Common Hall on Tuesday, the 19th

September, to elect one to serve in the place of Box.(1510)

(M771) (M772)

When that day arrived and the common sergeant, acting on instructions from

the mayor, put forward the name of Peter Rich, there arose repeatedly the

cry of "No Rich!" and such a din followed, the citizens declaring loudly

that they would stand by their old choice, that nothing else could be

heard. At length the sheriffs were given to understand that a poll was

demanded. The mayor hearing of the proposed poll thereupon came on to the

hustings and declared Rich to be duly elected. The whole business was

carried on in dumb show, it being impossible to hear anything that was

said. Having done this, the mayor dissolved the Common Hall and went home.

The sheriff proceeded nevertheless to open the poll in the afternoon, with

the result that 2,082 votes were found in favour of standing by their old

choice, whilst only thirty-five were for Rich. Hearing that the mayor was

returning, the sheriffs made a hurried declaration of the result of the

poll, proclaiming Papillon and Du Bois to have been again elected, and

dismissed the assembly. The mayor on his arrival caused the gates of the

Guildhall to be closed. Such is the account of what took place on the 19th

September, as given by the diarist of the day.(1511) The City’s Journal

merely records in the briefest manner possible the election of Rich.(1512)

(M773)

The next day (20 Sept.) the lord mayor and a deputation of aldermen waited

on the king at Whitehall, and informed him of what had taken place. A

council was thereupon summoned for that afternoon, which the sheriffs were

ordered to attend. Upon their appearance they were told that they had

behaved in a riotous manner, and must answer for their conduct before the

King’s Bench. They were accordingly made to enter into their own

recognisances severally for £1,000, besides finding other security.(1513)

(M774)

On the 26th, when Rich was called before the Court of Aldermen to enter

into bond to take office, a paper was handed to the court desiring that

Papillon and Du Bois might be called to the shrievalty, but it was to no

purpose. The same answer was returned as on previous occasions.(1514)

(M775)

Two days later (28 Sept.) Rich and North were sworn into office amid a

great concourse of citizens at the Guildhall, the entrance to which was

strongly guarded by a company of trained bands in case of disturbance.

When the oath was about to be administered to them a protest was made by

Papillon and Du Bois, who attempted to get possession of the book; but

upon the lord mayor commanding them in the king’s name to depart and keep

the peace, they left the hall and with them went several of the aldermen

who were their supporters. The new sheriffs entertained the mayor and

aldermen, according to custom, at Grocers’ Hall, Rich being a member of

that company.(1515) Rich subsequently applied for and was allowed the sum

of £100 out of the fine of £400 paid into the Chamber by Box.(1516) The

election which had been so long and so hotly contested thus ended in a

complete victory for the court party.

(M776)

It was the custom in those days, as it is now, for members of the livery

company or companies to which a newly-elected sheriff belonged to

accompany him to the Guildhall on the occasion of his entering upon his

office. Dudley North, being a member of the Mercers’ Company, had desired

the officers of the company and several of the livery to pay him this

compliment, but after considering the matter the court of the company

passed a resolution to the effect that neither officers nor members should

attend him on pain of being expelled from the company, but that they

should accompany Papillon to the hall and present him to be sworn as one

of the sheriffs.(1517)

(M777)

Cornish attended the ceremony at the Guildhall, and afterwards (2 Oct.)

swore an information before Sir William Turner,(1518) a brother alderman,

of the treatment he had received at the hands of the soldiers present. The

information was to the effect that when he and several other aldermen

entered the hall about nine o’clock in the morning they found a guard of

soldiers placed at the hall door, and another drawn up before the

hustings, "who were presently commanded by their officer to stand to their

armes." After a short stay in the Council Chamber they returned into the

hall to meet the lord mayor, and for a quarter of an hour walked up and

down the hall "betweene the clock-house and the doore wch leads up to the

Hustings Court on the north side of the hall." Hitherto they had met with

no opposition from the soldiers, but now they were accosted by

Lieutenant-Colonel Quiney, the officer in command, who desired "they would

give him noe disturbance." To this they replied that "they would give him

none and expected alsoe not to bee themselves disturbed by anie in that

place." Quiney thereupon left, but soon after returned and told them he

had orders from the lieutenancy to clear the hall. He was asked to produce

the order, and if it were found to include aldermen of the city Cornish

and his friends would obey. The order was not forthcoming; it was with the

major, said Quiney, who soon afterwards formed up his men and, again

addressing Cornish and the other aldermen, peremptorily required them to

withdraw or he would expel them by force. Cornish again demanded to see

the order, but the officer forthwith laid hands on him and thrust him out,

declaring that he would abide by the order of the lieutenancy, who were

his masters. So ends Cornish’s information. Proceedings were subsequently

taken against Quiney for keeping persons that were liverymen out of the

Guildhall and offering abuse to others.(1519)

(M778)

The next day being Michaelmas-day a Common Hall met to elect a mayor for

the ensuing year in the place of Sir John Moore.(1520) Four aldermen were

nominated as candidates, viz., Sir William Pritchard, the senior alderman

below the chair, Sir Henry Tulse, Sir Thomas Gold and Henry Cornish. The

common sergeant having declared that the choice of the citizens lay

between Pritchard and Gold, a poll was demanded and allowed, the result of

which was declared (4 Oct.) to be as follows:—Gold 2,289, Cornish 2,259,

Pritchard 2,233 and Tulse 236.(1521)

This result seems to have satisfied no one, and a scrutiny was asked for

in order that the poll books might be compared with the lists of liverymen

of the several companies. It was discovered that certain members of the

livery of the Merchant Taylors’ and other companies had recorded their

votes although they had not taken the liveryman’s oath prescribed by such

companies. The question of the legality of such votes being submitted to

the Court of Aldermen, that body decided (24 Oct.) against the

voters.(1522) The election was watched with anxious interest. Pritchard,

himself a Merchant Taylor, was known to be of the same political mind as

the out-going mayor, and it was the common belief at the time that if the

majority of votes should prove to be in favour of Gold or Cornish, who

were of the Whig party, the king would interpose and continue Sir John

Moore in office for another year.(1523) His majesty had recently been

amusing himself at Newmarket, but he had been kept posted up in city news,

and immediately after his return to Whitehall was waited on by the mayor

and aldermen (22 Oct.) and informed of the state of affairs. The result of

the scrutiny, according to the paper submitted to the Court of Aldermen,

was still in favour of Gold and Cornish, but according to the return made

by the mayor(1524) (25 Oct.) Pritchard was placed at the head of the poll

with 2,138 votes, as against 2,124 for Gold, 2,093 for Cornish and 236 for

Tulse. The first two named were therefore presented to the Court of

Aldermen for them to choose one to be mayor according to custom, and their

choice falling upon Pritchard he was declared elected, and on the

following feast of SS. Simon and Jude (28 Oct.) was admitted and sworn.

(M779)

A motion was afterwards made (24 Nov.) for a _mandamus_ directing the

mayor and aldermen to swear Gold or Cornish as duly elected mayor of

London, but nothing came of it.(1525)

(M780)

The time was thought opportune by the Duke of York for prosecuting his

action for slander against Pilkington commenced in June last. The words

complained of, and for which the duke claimed damages to the extent of

£50,000, were declared on the oath of two aldermen—Sir Henry Tulse and Sir

William Hooker—to have been spoken by him at a Court of Aldermen at a time

when that body was about to visit the duke to congratulate him upon his

return from Scotland, and were to the effect that the duke had burnt the

city and was then coming to cut their throats. That the words, if spoken—a

question open to much doubt—were scandalous to a degree cannot be denied,

but the claim for damages was none the less vindictive. Instead of laying

his action in London the duke caused his action to be tried by a jury of

the county of Hertford (24 Nov.). Pilkington made very little defence (he

probably thought it useless), and the jury awarded the duke the full

amount of damages claimed. The ex-sheriff was of course ruined; he

surrendered himself into custody(1526) and gave up his aldermanry, in

which he was succeeded by Dudley North, the sheriff.(1527)

(M781)

Still he was not allowed to rest. In the following February (16 Feb.,

1683) he and his late colleague in the shrievalty, Samuel Shute, together

with Lord Grey of Wark, Alderman Cornish, Sir Thomas Player, the city

chamberlain (who had recently been called to account for moneys received),

Slingsby Bethell, and others were brought to trial for the disturbance

that had taken place last Midsummer-day. The trial was opened at the

Guildhall on the 16th February, but the jury being challenged on the

ground that the array contained no peer (a peer of the realm being about

to be tried), the challenge was allowed, and the trial put off until the

next term. On the 8th May, after a long trial, all the accused were found

guilty, and were eventually (26 June) fined in various sums, amounting in

all to £4,100.(1528)

(M782)

Pilkington’s fall also dragged down Sir Patience Ward, who was proceeded

against for perjury, he having stated on oath at the trial of the late

sheriff that the debate in the Court of Aldermen concerning the Duke of

York was over before Pilkington had arrived, and that there was no mention

made of cutting throats while he was there. After much contradictory

evidence the jury found the defendant guilty, and he, like Shaftesbury

before him, sought refuge in Holland.(1529)

(M783)

In the meantime, having experienced so much difficulty in bending the City

to his will, and having so far succeeded in his object as to have a

royalist mayor in the chair, as well as royalist sheriffs, Charles took

steps to obtain an equally subservient Common Council. To this end he had

issued a command (18 Dec.) to the mayor to enforce on the electors at the

coming feast of St. Thomas (21 Dec.) the obligation of electing only such

men to be members of the new council as had conformed with the provisions

of the Corporation Act. The king’s letter was by the mayor’s precept read

at each wardmote on the day of election.(1530) It was hoped that by this

means a Common Council might be returned which might be induced to make a

voluntary surrender of the City’s charter instead of forcing matters to an

issue at law.(1531)

(M784)

The design failed and the king resolved at length to proceed with the _Quo

Warranto_. After the lapse of more than a twelvemonth the trial came on

for hearing (7 Feb., 1683). The solicitor-general, who opened the case,

propounded to the court four questions: (1) Whether any corporation could

be forfeited? (2) Whether the city of London differed from other

corporations as to point of forfeiture? (3) Whether any act of the mayor,

aldermen and Common Council in Common Council assembled be so much the act

of the Corporation as could make a forfeiture? and (4) Whether the acts by

them done in making a certain by-law and receiving money by it,(1532) or

in making the petition of the 13th January, 1681, and causing it to be

published, be such acts as, if done by the Corporation, would make a

forfeiture of the Corporation? After a lengthy argument counsel for the

Crown concluded by asking judgment for the king, and that the defendants

might be ousted of their franchise as a Corporation.

(M785)

The City’s Recorder, Sir George Treby, rose in reply. His argument in

favour of the City(1533) tended to show that the corporation of London

_quâ_ corporation could not forfeit its existence either by voluntary

surrender or by abuse of its powers, much less could its existence be

imperilled by the action of those representatives of the city to whom its

government had been confided. The corporation of the City was a governing

body elected for specific purposes; if it proceeded _ultra vires_ to

establish market tolls or to offer a petition to the king which was

seditious, an indictment lay against every particular member of that body,

but no execution could be taken against the mayor, commonalty and citizens

of London, a body politic that is invisible, one that can neither see nor

be seen.

Counsel on the other side had laid stress on the fact that the liberties

and franchises of the City had been often seized or "taken into the king’s

hands," adducing instances with which the reader of the earlier pages of

this work will be already familiar; and if they could be so seized, they

could also be forfeited. The Recorder argued that this conclusion was a

wrong one. The effect of the seizure of the City’s liberties in former

days had only been to place the government of the city in the hands of a

_custos_ or warden. The Corporation continued as before; it might sue and

be sued as before; it was neither suspended nor destroyed. How could the

king seize a Corporation? Could he himself constitute the mayor,

commonalty and citizens of a city, or make anyone else such? No, a

Corporation was not, to use a legal phrase, "manurable"; it could not be

seized; nor had anyone (he believed) ever imagined such a thing as a

dissolution of a corporation by a judgment in law until that day. At the

conclusion of his speech the further hearing of the case was adjourned

until April.

(M786)

On the resumption of the hearing (27 April)(1534) Sir Robert Sawyer, the

attorney-general, at whose suggestion and by whose authority the writ

against the City had been issued, took up the argument, commencing his

speech with an attempt to allay the apprehension excited by the prospect

of forfeiture of the City’s charter. "It was not the king’s intention," he

said, "to demolish at once all their liberties and to lay waste and open

the city of London, and to reduce it to the condition of a country

village," as some had maliciously reported, but to amend the government of

the City "by running off those excesses and exorbitances of power which

some men (contrary to their duty and the known laws of the land) have

assumed to themselves under colour of their corporate capacity, to the

reviling of their prince, the oppression of their fellow subjects and to

the infinite disquiet of their fellow citizens."(1535) History had shown

that the City had never been better governed than when it was in the

king’s hands. Its ancient customs had not been destroyed, but only

restrained in subordination to the general government of the kingdom, and

therefore the danger now threatened would not prove so fatal to the City

as had been suggested.

(M787)

After the conclusion of the arguments on both sides, nearly three months

were allowed to pass before judgment was given, in the hope that the

citizens of London might follow the example set by Norwich, Evesham and

other boroughs, and freely surrender their charter. "I do believe nobody

here wishes this case should come to judgment," was the remark made by

Chief Justice Saunders at the conclusion of the hearing; but at length the

patience of the Crown or of the judges was exhausted, and judgment was

pronounced (12 June) by Justice Jones in the absence of the Lord Chief

Justice, who was now on the point of death. Briefly, the judgment

pronounced was to the effect (1) that a corporation aggregate might be

seized; (2) that exacting and taking money by a "pretended" by-law was

extortion and a forfeiture of franchise; (3) that the petition was

scandalous and libellous, and the making and publishing it a forfeiture;

(4) that an Act of Common Council is an Act of the Corporation; (5) that

the matter set forth in the record did not excuse or avoid those

forfeitures set forth in the replication, and (6) that the information was

well founded. The result of these findings was that the franchise of the

Corporation was ordered to be seized into the king’s hands, but this

judgment was not to be entered until the king’s pleasure should be known.

As to the right claimed by the citizens to have and constitute sheriffs (a

right which they had recently shown no disposition to forego) and the

claim of the mayor and aldermen to be Justices of the Peace and to hold

Sessions, the attorney-general was content to enter a _nolle prosequi_.

(M788)

A few days before delivery of judgment the Common Council agreed to

expunge from the records of the court all minutes of proceedings during

the late civil war that in any way reflected upon the late king.(1536) The

list of the various minutes thus ordered to be annulled was a very long

one, occupying more than ten pages of the city’s Journal, and embraced a

period of eighteen years (1641-1659). The municipal authorities may have

thought that by this egregious act of self-stultification they might

mitigate the judgment that was impending over them. If so they were sadly

mistaken.

(M789)

Finding that further resistance was useless the Common Council

unanimously(1537) agreed (14 June) to present a humble petition to his

majesty asking pardon for their late offences, and declaring their

readiness to submit to anything that he might command or direct.

Accordingly, on Monday the 18th June, the lord mayor proceeded to Windsor,

accompanied by a deputation of aldermen and members of the Common Council,

to lay this petition before the king in council, and his majesty’s reply,

given by the mouth of the lord keeper, was reported to the Common Council

on the following Wednesday.(1538)

(M790)

The king, he said, had been very loth to take action against the City, but

had been driven to do so by the recent elections. Their petition would

have been more gracious if presented earlier; nevertheless, his majesty

would not reject it on that account. He would, however, show the City as

much favour as could be reasonably expected. It was not his intention to

prejudice them either in their properties or customs, and he had

instructed Mr. Attorney not to enter judgment lest such a proceeding might

entail serious consequences. The alterations he required were few and

easy. They were these, viz., that no mayor, sheriff, recorder, common

sergeant, town clerk or coroner of the city of London or any steward of

the borough of Southwark should be appointed without his majesty’s

approval under his sign manual; that if his majesty should express

disapproval of the choice of a mayor made by the citizens a new election

should take place within a week, and if his majesty should disapprove of

the second choice he shall, if he so please, himself nominate a mayor for

the year ensuing; that if his majesty should in like manner disapprove of

the persons chosen to be sheriffs, or either of them, he shall, if he

please, proceed to appoint sheriffs by his commission, but subject to this

restriction the election of these officers might take according to the

ancient usuage of the city; that the lord mayor and Court of Aldermen

might with leave of his majesty displace any alderman, recorder, common

sergeant, town clerk, coroner of the city or steward of Southwark; that

where an election of an alderman had been set aside by the Court of

Aldermen another election should be held, and that the Justices of the

Peace should be by his majesty’s commission. These terms accepted by the

citizens, his majesty would consent to confirm their charter in a manner

consistent with them. But if they were not speedily complied with his

majesty had given orders to enter up judgment by the Saturday following,

and any consequences that might follow would be at the door of the

citizens themselves.

(M791)

A "long and serious" debate, we are told, followed the reading of this

answer in the Common Council, after which a poll was taken on the

question: whether the court should submit to the king’s terms or not, with

the result that 104 votes were recorded in favour of accepting them as

against 85 votes to the contrary. Whereupon it was "unanimously" ordered

that his majesty should be informed of the court’s submission, and that

the Midsummer-day elections should be put off until the 18th July.(1539)

(M792)

Whilst these proceedings against the city were going on, a writ had been

obtained by Papillon and Du Bois for the arrest of Pritchard, the mayor,

Dudley North, the sheriff, and several aldermen, for having made a false

return to a _mandamus_ directed to them in November last.(1540) The writ

was directed to Broom, the city’s coroner, who executed it by lodging the

parties in his own house (24 April). No sooner was this done than one of

the city sergeants proceeded to arrest the coroner, who was taken to the

compter, where he had to pass the night, whilst the mayor and his

fellow-prisoners made their way home. A cry that the Whigs had seized the

mayor and carried him off caused great consternation, and the trained

bands were immediately ordered out for the security of the city. The

citizens themselves were much divided in their opinions on the matter,

"some condemning it and others approving it, according to the different

tempers of persons."(1541)

(M793)

A committee was appointed (26 April) by the Court of Aldermen to consider

what was fit to be done by way of vindicating the honour of the mayor and

the government of the city, as well as for punishing the authors of the

indignity;(1542) whilst the Common Council caused it to be placed on

record (22 May) that neither they nor the citizens at large had any

participation in or knowledge of the action against the mayor, which

Papillon and Du Bois alleged had been brought in the name of the citizens

of London.(1543) Broom’s conduct, as well as the terms on which he held

his appointment, were made the subject of an investigation by a

committee.(1544)

(M794)

After Pritchard’s year of office expired he brought an action on the case

against Papillon for false imprisonment, and eventually (6 Nov., 1684)

obtained a verdict and damages to the respectable amount of £10,000. This

verdict, whilst it caused amazement to many, met with the avowed approval

of Jeffreys, recently promoted to be Lord Chief Justice, who complimented

the jury upon their good sense. "Gentlemen," he remarked at the close of

the trial, "you seem to be persons that have some sense upon you, and

consideration for the government, and I think have given a good verdict

and are to be greatly commended for it."(1545) Papillon thereupon

absconded.

(M795)

Within a few days of delivery of judgment against the City, discovery was

made of a plot against the lives of the king and the Duke of York.(1546)

This was the famous Rye House Plot, which brought the heads of Lord

Russell and Algernon Sydney to the block. Among the minor conspirators

were two men who had been employed by Broom, the city coroner, in the

recent arrest of the lord mayor. Broom himself was suspected of being

implicated in the conspiracy, and was on that ground ordered into custody

for the purpose of being examined by a justice of the peace. In the

meantime he was to be suspended from his office of coroner, as well as

from his duties as a member of the Common Council.(1547) Concurrently

with the Rye House Plot there was, so it was said, a design to raise an

insurrection in the city, in which Alderman Cornish was believed to be

implicated.(1548) The municipal authorities, however, as a body, were

indignant at the threatened attack on the king and his brother, and lost

no time in voting an address (2 July) of congratulation upon their escape,

assuring the king at the same time of their readiness to hazard their

lives and fortunes in defence of his person and the maintenance of the

government in Church and State.(1549)

(M796)

On Thursday, the 27th September, the mayor laid before the Common Council

drafts of a surrender of the City’s franchise to his majesty, and of a

re-grant from his majesty which the Attorney-general had prepared for

their acceptance. After long debate the opinion of the Attorney-general,

the Solicitor-general, and the Recorder was taken upon the following

questions, viz., (1) Whether the surrender was agreeable to the submission

of the Common Council already made and necessary for the regulations

required by his majesty; (2) whether by this surrender the office of

mayoralty was surrendered; (3) if so, whether the customs and

prescriptions belonging to that office were not thereby surrendered and

lost; (4) whether in case judgment should be entered up (as the king had

threatened) the consequences would not be worse than a surrender; and (5)

how far did the re-grant confirm and restore the city to the liberties,

etc., therein mentioned. On the following Tuesday (2 Oct.) the opinions of

the several counsel were ready.(1550) Two of them, viz., that of the

Attorney-general and that of the Solicitor-general were decidedly in

favour of the City surrendering its liberties in preference to allowing

judgment to be entered up. The Recorder took a diametrically opposite view

of the matter, one of the reasons urged by him against a surrender being

that such action would be against their oaths, and that if they freely

surrendered their liberties there would be no redress left open to them.

If, on the other hand, they suffered judgment to be entered up, they could

take proceedings against it by writ of error. These opinions gave rise to

much debate, and many hard things were spoken against the Recorder. At

last the matter was put to the vote, when 103 were found against sealing

the deed of surrender as against 85 who were in favour of it; and so this

momentous question was settled, and the council broke up at eleven o’clock

at night.(1551)

(M797)

Judgment was forthwith (4 Oct.) entered against the City. The mayor and

the new sheriffs were summoned to attend the king. Pritchard received a

commission to continue in office during pleasure, and similar commissions

were handed to the new sheriffs. The Recorder was dismissed and his place

given to Sir Thomas Jenner.(1552) Eight aldermen were turned out and their

places filled by nominees of the king.(1553) On the 25th October the Court

of Aldermen was informed of his majesty’s commission having been issued

for Sir Henry Tulse to be mayor for the ensuing year, and on the 29th he

was sworn with the usual accompaniment of civic procession and

banquet.(1554)

(M798)

Having thus reduced the Corporation of the city to submission, Charles

proceeded to take similar action against the livery companies, with the

object of getting into his own hands the power of appointing and

dismissing their governing body. Seeing that opposition was useless, they

submitted with the best grace they could, surrendering their former

charters and receiving new charters in their place. The first master,

wardens and assistants were usually named in these new charters, which

provided (_inter alia_) that they should be removable at the king’s

pleasure by Order in Council, that they should take the oaths of

allegiance and supremacy and make the declaration prescribed by the

Corporation Act, that none should be elected members who were not of the

Church of England, and that in all things concerning the government of the

city they should be subject to the mayor and aldermen.

(M799)

Notwithstanding the treatment that the citizens had received at the king’s

hands they heard of his sudden illness (2 Feb., 1685) with unfeigned

sorrow, and the Court of Aldermen (5 Feb.) instructed the sheriffs to

attend at Whitehall every morning and Sir William Turner and Sir James

Edwards every evening during his majesty’s illness.(1555) Their

attendance, however, was not long required, for next day (6 Feb.) the king

died.

London and the Kingdom - Volume 2 A History Derived Mainly from the Archives at Guildhall in the Custody of the Corporation of the City of London. · 第 12 / 18 章