The Ancient Manner of Electing Sheriffs of London and Middlesex, and other Officers Yearly, at the Guild-Hall on the 24th of June, offered to the Consideration of all sober Citizens, etc.  
A SHERIFF is an Officer of great Antiquity, high Authority and Trust, having from the King the Custody and Government of the whole County committed to him. My Lord Coke upon Lit. (pag. 168) saith, that the Sheriff hath triplicem Custodiam, viz. Vitae Justitiae, to serve Process, and to return indifferent Juries for the Trial of men's Lives, Liberties, Lands and Goods: Vitae Legis, to execute Process and make Execution, which is the Life of the Law; and Vitae Reipublicae, to keep the Peace, etc. He is partly a Judicial, and partly a Ministerial Officer; and by the Statute 5 Edw. 6. cap. 16. it is provided, that none may bargain or fell any Office, if the Office concern the Administration or Execution of Justice. By the 12 Ri. 2d. it is provided, that the Chancellor, Treasurer, Keeper of Privy Seal, Lord Steward, King's Chamberlain, Clerk of the Rolls, Justices of the Benches, Barons of the Exchequer, and all others, called to name and ordain Justices of Peace, Sheriffs, etc. shall be sworn that they shall not make or ordain any such for any Gift or Brocage, Favour or Affection, etc. but that they make all such Officers and Ministers of the best and most lawful and sufficient Men in their Judgements: Thus carefully hath our Law provided for the free and equal Administration and Execution of Justice all over England.  
Now to come to the Ancient Usage and Practice of Electing Sheriffs in London for that City and the County of Middlesex, Midsummer Day, on what Day of the Week soever it fell, was used to be the Day for Electing two Sheriffs for the City of London and County of Middlesex, until June 15. 1694. when it was by Common-Council enacted and provided, that whensoever Midsummer Day shall happen to be on the Lord's Day, commonly called Sunday, that the Election of Sheriffs, etc. shall be on the next Day following. Accordingly the Lord-Mayor hath constantly sent out Precepts of Summons; the last of which follows in these Words.  
By the MAYOR.  
To the Master and Wardens of the Company of These are in his Maiesty's Name to require you, that you give notice to the Livery of your Company, that on Monday next, being the 24th Instant, at Eight of the Clock in the Forenoon, They assemble and come to the Guild-Hall in the usual manner, there to elect Sheriffs and other Officers, customarily chosen on that Day.  
Dated this 20th of June 1695. GOODFELLOW.  
The Master and Wardens, in Obedience to the Precepts from the Lord-Mayor, order their Beadles to deliver to the Livery-men of their respective Companies, in a printed Form, to the Purport following, viz.  
Sir, On Monday the 24th of June 1695. you are desired, by the Master and Wardens of the Worshipful Company of London, to meet at Guildhall, at 9 of the Clock in the Morning, in your Livery-Gown, for the Election of Sheriffs, etc. to serve the City of London for the Year ensuing. N. H. Beadle.  
When the several Liveries are met together in the Guild-Hall, the 24th of June: About 11 or 12 of the Clock the Hall is then usually full, containing about 3000 Persons, besides great Numbers that are in other Places near at hand, to Poll if occasion require. After 2 or 3 cries, A Hall, a Hall, to give notice to the Lord-Mayor that the Assembly are ready; The Mayor, aldermans and Sheriffs come out of the Council-Chamber, with the City-Sword and Mace carried before them, and go to the Hustings at the upper end of the Hall. When the Lord-Mayor is there seated in his Chair, and the Aldermen are also seated, the Sword laid down before his Lordship, the Common Crier of the City, with his Mace before him, by order makes three loud O Yes's, and from an Officer dictating to him, goes on to this Purport, viz. You good Men of the Liveries of this City, summoned to appear here this Day, for the Election of Sheriffs, and other Officers of this City for the Year ensuing, draw near and attend to your Election. God save the King. Then he further by order pronounces, with a loud Voice; All you that are not of the Livery, depart the Hall upon pain of Imprisonment. This done, the Recorder rises from his Seat, and moves towards the Edge of the Hustings; and first turns about towards the Lord-Mayor and Aldermen, and bows; and then towards the Livery-men, and bows; then he makes an Eloquent and Learned Speech to them, of the great Privileges and high Trusts reposed and vested in them by many Kings and Parliaments, and particularly in allowing them the free Choice of their Sheriff; and learnedly explains to them the high Authority, both Judicial and Ministerial of that Ancient Officer; and exhorts them to take great Care to make choice of wise, honest, and able Men for that Office, which so much concerns the Security, Peace and Safety of the City, their Lives, Liberties, Estates and Posterity: And sometimes puts them in mind of the fatal Mischiefs that have happened when bad Men have got into that Office. After this the Lord-Mayor and Aldermen rise and go up to the Council-Chamber, having the Sword carried before them, but not the Mace, it being placed before the Common Crier on the middle of the Hustings. Then the Sheriffs with the Common Sergeant, move to the edge of the Hustings, where the Common Sergeant makes another Speech to the Livery-men, reminding them what the Recorder had already said, and enlargeth thereon, to show to them the great Privileges, high Trusts, excellent Liberties granted to them, exhorting them to choose honest and able Men: And at last desires them to give him the Names of such Persons as they would have put up in Nomination for the Vote of the Common-Hall for Sheriffs, etc.  
When they have given the Names of all the Persons they would have put in Nomination, the Common Sergeant saith, Gentlemen, I will read to you the Names of the Persons that you have put in nomination for Sheriffs. Then after he hath audibly read the same, he saith, Gentlemen, Will you have any more Persons put in nomination for Sheriffs? If they cry, No, no, the Common Crier, with his Mace before him, standing near the Edge on the middle of the Hustings, (three other Officers standing on convenient Places along to the other End of the Hall, to take the Proclamation one from the other, that all the Assembly may distinctly hear) gins, being as before dictated to by the Officer, viz. So many of you as will have— A. B. Mercer— to be one of the Sheriffs for the City of London, and County of Middlesex for the Year ensuing, Hold up your Hands? These Words being repeated by the three aforesaid Officers. When all the Names of those put in Nomination have been severally put up to the Common-Hall in manner as aforesaid; the Sheriffs do consult betwixt themselves, and the Common Sergeant declares their Opinions on whom the Election hath fallen: and if it be clear and apparent, they do declare it by their Officers to the Common-Hall; if any Doubt be, 'tis put up again to the Common-Hall betwixt those Persons where the Doubt lies: If still there be any dissatisfaction, 'tis put up again and again; and at last if a Poll be demanded, 'tis always granted, and then 6 or 8 Books are provided, and two Livery-men desired to overlook the Clerks at each Book, and to examine the Qualification of the Pollers, where the Mayor and Aldermen poll as Livery-men and no otherwise. When the Poll is over, the Books are cast up with great exactness; And if any Candidate or other Person be unsatisfied, and demand a Scrutiny of the Poll, it must be granted; and then the Lord-Mayor useth to send his Precept to the Masters and Wardens of the several Livery Companies in these words, viz.  
Stamp Mayor, Jovis die, etc.  
It is ordered by this Court, that every Clerk of the several Livery Companies of this City, do return the Names of the several Livery-Men of their respective Companies Alphabetically, on or before Tuesday next, upon Oath to be made by the said Clerks before the Right Honourable the Lord Mayor, or this Court.  
GOODFELLOW.  
Which Lists are delivered afterwards to such as are appointed to examine and scrutiny the Poll-Books. These two Circumstances following have used to unqualify one that hath been of the Livery of this City: First, if he have so fallen to Decay, that he hath had back his Livery-Fine; or secondly (though he hath not had back his Livery-Fine) in Case he be a Pensioner. After a full Examination and Scrutiny the Books are again carefully cast up, and then the Poll upon Scrutiny is declared for the due Election of them that have the Majority of Votes. Nor is any Common-Council-man allowed to poll unless he be of the Livery, nor any Livery-man unless he be a Freeman: So exact and solemn hath the Election of Sheriffs for the City of London and County of Middlesex used to be, to the Peace, Honour and Safety of the said City and County for above 200 Years.  
The Reverend Judges in the 40th and 41st of Eliz. upon mature Deliberation, did conclude, that this ancient Usage in Elections (though no Record thereof could be shown) came at first from common Assent, and was therefore well warranted by Law and their Charters.  
It may be observed, that when Sheriffs were chose by the 〈◊〉, none but Freeholders were to choose, as being Men of Substance in the County, in imitation whereof our wise Predecessors in this City did ordain that none but such as were of Substance should come upon the Liveries, to elect Sheriffs, etc.  
And whereas London is now swelled much beyond its Wards; so that near one half of the Citizens of London do live out of any of the Wards of the City, who do all constantly pay scot and bear lot in their respective Companies, and are at like Charge and Service in attending the Lord Mayor, and on other solemn Occasions, for the Wealth and Honour of the City, and are as liable to serve the Office of Sheriffs; etc. as those that live within the Wards, (as may appear by Mr. Clark, Mr. Langham, etc. last Year, who were induced to pay Fines to be discharged from holding the Office of Sheriff, though they lived in distant Counties) and have for some hundreds of Years constantly represented in Common-Hall their Fellow-Citizens, (for these Purposes) who are in no wise represented by the Common-Council of London, who are only chosen by the Freemen within the Wards: The Lord Mayor and Aldermen will, no doubt (before they undertake to undo what themselves have so solemnly acted in conjunction with the Liveries that are about 6 or 7 thousand) consider of the Warrantableness as well as the Justness thereof.  
Besides the Judge's Opinions in 40 and 41 Eliz. there is a Case recorded lib. H. fol. 45. in the 50th of Edward the IIId, where Richard Lion's Alderman of Breadstreet-Ward, John Peche Alderman of Walbrook-Ward, Adam Bury Alderman of Langborn-Ward, were all disfranchited, and put out of their Offices for Irregularities in the same, and afterwards severely punished. It is hoped the Common-Council of the City will look back (upon this Intimation) that in an Act of Common-Council, made in the Mayoralty of Sir William Pritchard, these Words are contained, being part of a Report of the then Committee, viz. We have seen several Entries in the Journal of this Court; (inter alia) Jan. 24, 1644. It was declared by the Mayor and Aldermen, that they had a negative Voice in Common-Council by the anient Custom and Charters of this City: and we having also seen the Opinions of divers learned Counsels heretofore given to the Court of Aldermen under their Hands, viz. the present L. C. J. Pemberton, Sir William Dolbin, Sergeant Maynard, Sir William Jones, Sir G. Jefferies, and Sir Fr. Winington, That the Lord Mayor and Aldermen have a negative Voice in making Laws and Orders, and admitting of Officers in Common Council, we humbly propound (to take away all Disputes in this matter for the time to come) that the same may have the Approbation and Concurrence of this honour able Court. Subscribed William Turner, James Edwards, John Moor, Henry Tulce, Tho. Langham, Fr. Griffith, Nath. Hawes, Hen. Loads, Peter Ailworth, Nic. Charlton, Tho. Vernon.  
After reading of which Report here openly in this Court, the same was by this Court (in the several Particulars thereof) well approved of, and agreed to and confirmed. 'Tis conceived this aught to have been repealed as well as the other Clauses that were therein repealed, 15 June, 1694.  
The many Inconveniencies that the negative Voice aforesaid (which is contrary to Law and Reason) may produce, canst easily be foreseen.  
It may not be amiss to put the Common-Council-men in mind to examine why these Words in the Sheriff's Oath are left off, viz. Ye shall also swear that ye shall freely give all fitch Rooms and Offices of sergeants and Yeomen as shall happen to become void during be time ye shall remain in Office of Shrievalty, to such apt and able Person or Persons as shall be by you nominated to the Lord Mayor and Court of Aldermen, and by them admitted without any Money or other Reward, to be had, taken, or hoped for, in respect thereof, according to the Act of Common-Council made and provided in that behalf the 29th of April, in the 26th Year of the Reign of our Sovereign Lady Queen Elizabeth, etc. So God you help.  
If those Common-Council-men (many being otherwise inclined) that have been so ready to embrace Fines to discharge Sheriffs, etc. this way from the Obligation of their Offices, and have openly declared that in 44 Years they have raised above 150000 l. would hearty join with others that are against it, and would diligently search out Concealments, Appropriations, Withdrawing, and Misapplications of the City's Revenues, they might in a short time find out an honourable and plentiful Income to maintain the Government thereof, which they are doubly obliged to by then Oaths of Freemen and Common-Council-men.  
King Edward III, in the 15th Year of his Reign granted to the Mayor and Commonalty to make Ordinances (with this Proviso) so as they were not prejudicial to the Citizens, nor to other his Liege People; from whence this Question may be made: If A. B. Common-Council man shall make Agreement that for 400 l C. D. (already duly elected to and charged with the Sinievalty) shall be thereof discharged: And afterwards E. F. Livery-man, living in Westminster, is chose into that chargeable Office by the Vote and Poll of the said A. B. Quaere, whether E. F. may not maintain an Action against A. B. Common-Council-man, for his Damages herein sustained? It was said of Old Rome, that her Citizens spread themselves over the whole World: It may be said of London, her Citizens spread themselves over all England; and no doubt but London is knit in League with the rest of the Realm, (some peculiar Customs excepted) and not Laws there made can be valid that thwart their Charters, or the Laws of the Land: which, with what hath been already published, may serve for Answer to all that hath hitherto been alleged in Vindication of the Mayor, aldermans, and Common-Council in their late Proceed in Common-Hall. If any one still be in any doubt, let him, for his full Satisfaction, read over the Act of Parliament for restoring the City's Charter. If the King should propose to discharge his Appointments of Sheriffs in the Counties at a declared certain rate, he might raise great Sums of Money that way, but 'tis believed it would not be grateful to the Parliament, who may probably take Cognizance of this Affair for the Example's sake.  
Fellow-Citizens; You were told by the Recorder, that the Lord Mayor and Aldermen would take care of your Privileges, you will certainly think them as safe in your own Hands as any where else; and by your constant adhering to your former Choice, as by your Oath you are obliged, you will manifest to the World you are worthy of so high a Trust reposed in you, as the free Election of Sheriffs for the City of London and County of Middlesex, which is a Trust that no ingenuous Citizen but should abhor to abuse. The Lord Mayor and Aldermen (notwithstanding all the Vindicator and Dialogue-maker have said) will doubtless weigh the City's Charters, Acts of Parliament, and other Laws and Customs of this City and Nation in the Balance with it, and the several Solemnities of Precepts, Summons, Polls, and Scrutinies, etc. lest Bystanders should interpret them all mere Pageantries, if 7 or 8 Aldermen may afterwards make them all void, under colour of By-laws, made in the late Arbitrary Times, which are made null and void by the Act of Parliament of 2 William and Mary, for restoring to the Citizens of London all their Rights, Liberties, Charters, etc. which Act is to be reputed a public Act of Parliament, and to be so taken notice of by the Judges, as if relating to the whole Kingdom. Tho some Men of arrogating and arbitrary Humours have contemptuously termed the Common-Hall a Mob, and said that its Insolence must be curbed, you, by your sober and settled Constancy to your Point, will the soon convince them of the Falseness of that Imputation, that you are neither Mob nor insolent, but resolved to depend for Redress on your Parliaments and Laws. You need not be put in mind what Endeavours some have used by Feast and Caresses of proper Instruments to wheedle and induce them, to persuade the Citizens not to insist on their Rights at this time, the King being out of the Land. But those Persons ought to take notice, that the Steadiness and Loyalty of the Common-Hall to King William and his Government, has sounded throughout this Kingdom, and is and will be a Terror to all those that are Enemies to their Country: now to abridge those Citizens in their free Elections, is the most effectual Way to render them unserviceable to his Majesty and Kingdom in this most important Affair, and to bring in such Magistrates as are disaffected to the present Government. The Midsummer elected Sheriffs that are pretended to have paid their Fines, have done so on condition the Common-Hall shall agree to it; forasmuch as by their proceeding to a fresh Choice they tacitly consent to the Discharge of the two former: The English whereof is, that the Common-Hall do make another Election of two others, and so work their Discharge that way, which if they should do, it may give colour for a Forfeiture of their Charters and Privileges, which every Citizen is solemnly swom to avoid. Thus much has been thought convenient to be said as to Matter of Fact and Caution thereupon, the Matter in Law may be expected to come to hand in a little time.  
FINIS.