THE LORD MAYORS Right of Electing a Sheriff Asserted against All PRETENSIONS of a Popular FACTION.  
THE Subject of the Right of Electing Sheriffs has of late furnished Matter more than enough for Popular Prints and Discourses: And as it is a Point of Great Importance in the Consequence of Resolving it, One way or another; So has it raised a General Curiosity to inquire into the True State, and to harken after the Issue of this Question. With This Appetite, I betook myself to the reading of Several Papers, pretending expressly to handle This Text; and to set People Right in the Understanding of the Present controversy: Such as The Modest Enquiry concerning the Election of the Sheriffs of London; And others of the same Stamp. But when I came to look for Satisfaction about the business of the Sheriffs, I found myself up to the Ears presently in Miscarriages of State; Ironical Insinuations( to make them no worse) of Arbitrary Practices, and Designs in his Majesty; Corruption, and Insufficiency in his Ministers; Popish Successors; French Confederacies; Meal-Tub Plots; Perjuries; Impostures; Subornations; Libellous reflections upon the Lord Mayor; The Loyal and Honourable Part of the Citizens, and the lawful Government of the City, &c. What is all this now, to the CONFIRMATION of the Common-Hall, or the JURISDICTION of the Sheriffs? which,( although the main, and indeed the onely Stress of the Case) does not take up one fourth part of the Pamphlet: And that stuffed up too, with Vulgar Amusements; and little or no force of Authority, or Persuasion. Let any body Judge now of the Drift, and Intent of these Papers, where there is so little said to the Argument, and so much pains taken; and so much Skill, therewithal, to Defame, to embroil, and to Enrage the multitude against the Government.  
This will appear no Uncharitable Construction, to any man that Considers, first, the Tendencie of the Proceeding. Secondly, The Train, and Method of it. Thirdly, The Humour, and Condition of the Instruments that Manage it.  
To the First, It is an Incentive, as well disposed and Accommodated to the moving of a Sedition, as the Wit of man could Contrive. For what can be more Provoking than to Proclaim the Government Unjust, and Arbitrary, to the Highest Degree? And so to follow This Calumny, with putting it into the Peoples Heads that they have a Right to Deliver themselves from This ( Imaginary) Oppression? And then, To Sound the Trumpet to the battle; by Bidding them Stand up, and Vindicate their Privileges.  
Now, as to the METHOD, It is the very same that brought on the Confusions of the late times: It is the very Question that was started in 1641. And the Faction could never break in upon the Crown, the Church, and the People, till they had first Subverted, and reversed the Government of This City. There must be Power to justify Wrong; And when it comes to that once, there is no Contending by Conscience, and Reason, with Men, Money, and Ammunition; And when the Rebellion is once got into the Saddle, there will never want Lawyers to Warrant it. In short, there needs no more to the Introducing of a Democracy, and making London a Theatre of Violence, and Disorder; as much as ever Rome, or Florence was; than to Possess the People that the Right is in Them to Govern.  
How much then does it concern the Lord Mayor, and Aldermen to Assert their Privileges; and all good Citizens to Uphold the Government of This City upon its Ancient Foundation; which cannot be, but by maintaining their OLD CUSTOMS; Nay, how much does it Import the King;( and, I may say, the Kingdom also) to hinder any Irregular Change in this Great City; which does so Powerfully Influence the whole? and to Protect the Citizens in their Due Rights, and Liberties against All Encroachments, or Invasions whatsoever.  
Lastly, It is a Further, and a strong Presumption, that there's Mischief a Brewing; the finding so many of the Old Instruments, that Confounded the Late Government, at work now again under the self same mask of Religion, Liberty, and Property; Plots, Evil Counsellors, Popery, &c. to Engage us in New Troubles.  
As to the Seditious Part of The Republican Papers that have come abroad upon This Subject, somewhat has been said already; and more may be said hereafter: And to the rest, It shall suffice to speak Plainly, and Briefly to the matter in hand; and rather to Encounter Objections That way, by Clearing the main Cause, than to Weary out either the Reader, or myself, with Frivolous, and Tedious Recitals.  
For Method's sake, before we come to Treat of the Right of Election, we shall first set forth the Usage in the Formalities, at the time of Election; And, after That, the Different Usage in choosing Citizens to Parliament: which we find Extracted, word for word, out of Stow's Survey of London,[ in the Book of Habits] Imprinted Anno 1617. And in These words following.  

Upon Midsummer-day for the Election of the Sheriffs of London.  
My Lord Mayor and the Aldermen, with the Sheriffs, meet at the Guild-Hall at eight of the Clock in the Morning, appareled in their Violet Gowns lined, and their Cloaks of Scarlet lined, without their Horses.  
And when they have been together in the Council-Chamber a certain time, concerning the nomination of certain persons to be Elected, my Lord and the Aldermen come out, and put on their Cloaks in the Orphans Court, and then go down in order to the Hustings Court, and there being set, Master Recorder standeth up, and maketh his obeisance, first to my Lord, and then unto the Commons, and declareth unto them wherefore they are assembled together, showing unto them that it is for the Election of one of the Sheriffs of London, and the Sheriff of Middlesex for the Year next ensuing, and the CONFIRMATION of the other Sheriff nominated by my Lord Mayor, according to his PREROGATIVE; and also for Master Chamberlain and other Officers.  
But my Lord and the Aldermen go up to my Lord's Court, and there remain until the Sheriff be name and chosen, the door shut to them.  
Then Master Sheriffs, Master Chamberlain, Master Common sergeant, Master Town-Clerk, and the Counsellors of the City, and other Officers, remain still in the Hustings Court, to take and receive the Name of him that shall seem by their judgments, freely and with one consent to be nominated and elected, and justly tried out, not onely by voice, but also by hands, to be Sheriff for the Year following. P. 1. 2. 3.   

For Election of Knights and Burgesses of the Parliament.  
All the Aldermen meet my Lord, and the Sheriffs at Guild Hall at Nine of the Clock in Violet Gowns, and Their Cloaks Furred or Lined as the time of the Year when they shall be Chosen Requireth, and sit in the Huslings Court while the Commons choose them. The Order is, That they must choose Master Recorder for one of their Knights, and One Gray Cloak for the other; And Two Commoners for the Burgesses, which done, they Depart. P. 30.  
As to the day of Election, It was formerly St. Matthew's Day; but by an Act of Common Council, 7 Car. 1.( The like Act having been formerly made, 36 Eliz. onely with less Penalties) All Former Acts touching Election and CONFIRMATION of Sheriffs( the Penalties having been too mildred) made voided. The day, as well for Confirmation, and Allowance of such Persons as shall be Chosen and Elected by the Lord Mayor to be Sheriffs, as for the Choice of such other persons as by the Lord Mayor, Aldermen and Commons shall be Chosen, shall be the 24th of June.  
We shall now come to the practise of my Lord Mayor's choosing One Sheriff; The Antiquity of it; And see what the City-Records say upon it.   

Touching the Election of Sheriffs of London and Middlesex.  
The Charters are to the Citizens to choose their SHERIFFS: but by Usage, and Particular By-Laws Those Elections have been Restrained to the Liveries.  
Edward 2. sent down a Writ Reciting that the Citizens are to choose their Mayor and Sheriffs, and That These Elections used to be per Majorem& Aldermanos, nec non discretiores Civitatis.  
In an Act of Common-Council, 4 H. 5. is recited, that mayor& Vicecomites liberè& Indifferenter Eligi deberent per sufficientiores Civitatis, pro Electionibus hujusmodi summonitos.  
21 Hen. 8. A Letter from the Court of Aldermen acquainting one, that he had been Chosen by the Commonalty, and to be associate with another before appointed by the Mayor, and by the Citizens Confirmed.  
Anno 1630. One Elected by the Mayor( his said Election being also Confirmed by the Livery of the Companies) appeared before the Court of Aldermen.  
In all Entries Extant of Sheriffs, Chosen to the 20th Year of E. 2.( where any mention is made by whom they were Chosen) it is Per Cives, or Per Majorem, Aldermanos& Probos Homines Civitatis, or Per Communitatem; and once, Per Custodem& Aldermanos.  
7 E. 2. Per Common council, Probi Homines Ward' to be summoned pro Electione Vice-Comitis facienda unà cum Majore& Aldermanis.  
20 E. 3. Per Common council; For that divers Citizens Absent themselves to Avoid the Office of Sheriff on the day of Election, Those that so do shall forfeit 100 li. and Every Year the Mayor to say in his Conscience, and by his Oath, If he had Chosen any other than he hath Chosen were he present; and he had name the Person ( q'il eust esluz autre Person q'il nad eslu s'il eust estè present& nomme la person) And the Commonalty in the same manner.  
From the 20th of E. 2. to 21 E. 3. no Entry is made of Sheriffs Chosen; and in That year the Entry is a Congregation of the Mayor, Aldermen, and Commons to choose Sheriffs according to the Custom of the City, wherein One Sheriff was Chosen per Majorem, and the Other per Communitatem.  
Entry is made constantly( Except in Two years, wherein it is not mentioned by whom they were Chosen, to the 14th of Hen. 8.— That year; And so to the 20th Eliz.( Except 20& 21 H. 8. where 'tis Un Nominat' per Majorem, Alter per Communitatem) 'tis One name per Majorem, Alter Elected per Communitatem.— 20 Eliz. and for 7 years after 'tis un Elect' per mayor'; and so is 34 Eliz. 28 Eliz. and to the 33d it is Nominat' per Majorem.— 33 Eliz. Nominat'& Elect' per Majorem.— 35 to 41& 42 Eliz. Nominat' per mayor'.  
36 Eliz. and so to 17 Car. 1. Report made of the Person Chosen per mayor', per Prerogativam suam, &c. Then the Commons choose Another, whereupon the Election of both was Confirmed by the Mayor, Aldermen, and Commonalty.  
In Four years betwixt 21 E. 3. and 17 Car. 1. Two were name and Elected per Communitatem; but in all Those years the Mayor had before Chosen, and the Persons by him Chosen refused the Office, and underwent the forfeiture before the Common-Hall began.  
17 Car. 1. 1641. The House of Lords( in the Difference between the Lord Mayor and Commons touching the Election of Sheriffs) Ordered that the Commonalty should choose both pro hac 'vice, saving each other's Right.  
From That to 1663, The Commons never Confirmed the Mayor's Sheriff; but choose two themselves. But 1663, 15 Car. 2. And so to 1680, Except 1674, the Mayor's Sheriff was confirmed, Prout 36 Eliz.— 26 Car. 2. The Commons not Confirming the Mayor's Sheriff, the Lord Mayor and Aldermen Dissolved the Common Hall without Determining the Election of Sheriffs: Afterwards, the Common Council( for an Expedient of Accommodation) Exempted him that the Lord Mayor had so Chosen, from the Shrievalry for Three Years, upon his sealing a Bond to pay the forfeiture, if being then drunk to by the Lord Mayor, and Presented to the Common-Hall, or Elected by the Commons he should not hold. This was one Mr. Roberts, who by telling the Common-Hall that his Estate was abroad, and( it being in time of War) in danger of Loss, prevailed with them to refuse to Confirm him: But my Lord Insisting upon his Prerogative, he gave Bond ut supra. The Person is now dead, and judgement obtained against his Executors upon the Bond.  
In 1680, The Mayor Elected, or Drank to six Persons. The former Five paid their Fines, and the Commons refusing to Confirm the Last; to end the Dispute, he sealed the Bond to pay the forfeiture.  
1681. They would not Confirm; but required that the Election of both Sheriffs might be determined by a Poll; which the Sheriffs Granted; but the Court of Aldermen declared against it; and called out him that the Lord Mayor had Chosen as Sheriff-Elect, while the Commons were Polling.  
Having had often occasion to make mention of the Sheriff's Bond, it will not be amiss in this place to Insert the Condition of it; viz.[ If the above Bound A. B. shall and do Personally appear in the public Assembly of the Guild-hall on the Vigil of Saint Michael the Arch-Angel next ensuing, betwixt the hours of Eight and Twelve in the Forenoon; And shall then and there take upon him the Office and Charge of Shrievalry of the City of London, and County of Middlesex for the Year next ensuing; Then, &c.]   

Lib. Albus& Dunthorne.  
Speaking of Election of the Sheriffs, say that the Mayor shall first choose one; for whom he will Answer of the moiety of the Farm, if the Person be not sufficient; but if he choose by advice of the Aldermen, they are to answer with him; And the Commons shall choose another; for whom they will answer the other moiety.  
Act of come. count. 7. R. 2. That the Election of Sheriffs shall be made on St. Matthew's-day; and when the Commons shall be agreed upon an able Person, they shall Present him to the Mayor and Aldermen.  
Another Act, 5. H. 4. on St. Matthew's day, after a Sheriff ( Postquam Vicecomes) shall be Elected by the Commonalty, the Mayor, Aldermen and Commons shall choose Chamberlain, &c. And that none come to the Election of Mayor and Sheriffs, unless Summoned; and those the more Sufficient of the City, or Common-Councilmen.  
Another, 5. E. 6. Where it was lately Enacted, that on the day of Election of one of the Sheriffs, four Surveyors of the Brewers should be chosen by the Commons in like manner as the said Sheriff.  
23. Eliz. Alderman Martyn having been treated with by a Committee of Common-Council touching acceptance of the Office of one of the Sheriffs, Declared in Common-Council, he would accept it, if my Lord Mayor Elect him thereunto; who did afterward Elect him accordingly.  
22. H. 6. The Mayor name one Sheriff to be Assigned in the name of him, and the Aldermen; and then they left the Commons to make their Election( as they now do, and always have done for ought appears, and did in the Troubles when the Commons choose both Sheriffs) who choose another; divers coming in here that were not summoned, the aforesaid Writ of E. 2. was red.  
16. R. 2. Upon the King's Writ to the Custos, Aldermen and Commons, to choose Sheriffs according to Ancient Custom and Usage, the Custos choose one, and the Commonalty another.  
18. H. 8. One Elect by the Commons to join with him that was before name by the Mayor,( by his Prerogative) and also according to the Ancient Rules and Ordinances[ 33. H. 8. According to Divers Ancient Laws, Usages, and Customs.]  
19. H. 8. One name by the Mayor in the Court of Aldermen, agreed to take the Office upon him— 13. H. 8. The Mayor's Sheriff called the KING'S SHERIFF.  
Act of Common Council 19. H. 8. If any be name and Elected by the Mayor, according to his Ancient PREROGATIVE, or by the Commonalty, and take not the Office on Michaelmas-Eve, he shall forfeit, &c. To which was added 6. E. 6. that if any mo than one being duty Elected 1. Aug. or any other time between that and Michaelmas-Eve, make Default, &c.  
21. H. 8. This Prerogative of the Lord Mayor said( In a Letter of his to the Sheriff Elect) to be by the Ancient Liberties, Time out of mind, Used; And 22. H. 8. said to be( upon swearing of the Sheriffs) of Ancient Time Used, and accustomend, &c. So in an Act of Common-Council, 13. Eliz.  
Act of come. count. 30. H. 8. Election of Sheriffs for the Commonalty shall be on St, Peter's-day, provided the Mayor shall at any time before Lammas, Name and Elect one of the Sheriffs at his Pleasure.  
Act 13. Eliz. If any one be chosen Sheriff, either by the Mayor or else by the Commons, and Appear not within five days after notice, he shall forfeit, &c.  
Act 24. Eliz. Former Acts being Various and Insufficient, 1. Aug. Now appointed the day for Confirmation, Allowance and Election of the Persons to be name Sheriffs by the Mayor according to Ancient Usage; and for Election of another by the Lord Mayor and Commons, none so Nominated or Elected shall be excused, &c.  
If any Nominated by the Mayor and Commons( and Publication thereof made in Presence of the Mayor, six Aldermen, and the Commons there Assembled) shall not appear at the next Court of Aldermen, or shall refuse, he shall forfeit, &c. If the Person name shall before the 1. of Aug. refuse the Office, &c The Lord Mayor may before the 1st. of Aug. Nominate again.  
None who shall be Chosen or Elected according to 7. Car. 1. shall be Discharged, if worth 10000 li.  
If any forfeiture should be made by any that shall first be Chosen or Elected by the Lord Mayor, Part of such forfeitures shall be to him that shall first in the same year Accept the Office; And if after such Acceptance, other Forfeitures shall be made by any chosen by the Lord Mayor, Aldermen, and Commons, part thereof shall be to him that shall first after Accept the Office, being Elected by the Lord Mayor, Aldermen, and Commons, and that no Alderman by Posteriority of Election be Inferior to a Commoner while there is an Alderman Eligible.  
Most Years since the Beginning of Q. Eliz. Sheriffs Elected by the Mayor, have before Midsummer either paid the forfeiture for not holding; or sworn themselves not of Ability; or Sealed Bonds to Hold, and have been frequently called out upon the Hustings( the Act requiring that Sheriffs Elect shall be called out; and then, if not appearing, to forfeit, &c.) And the Commons Sheriff only called out on Midsummer-day.  
Anno 1630. One, Elected Sheriff by the Lord Mayor refused to Hold, or pay his forfeiture as Anciently accustomend; but desired Respite till Midsummer-day; The Mayor and Aldermen, Unwilling to give way to such Innovation, called him forth, and he persisting in his Refusal, the Lord Mayor choose another.  
Pray take Notice( as we  told you before) that the Charter is directed Civibus, That is to say, To the Mayor, Aldermen, and Community; And that the Common-Hall is neither a Community, nor a Representative of the Citizens, having no other Foundation, but the Authority of a By-Law.  
Observe again that upon the Lord Mayor's coming out of the Council-Chamber into the Hall, the Court is proclaimed, the Town-Clerk Dictating the Form to the Common-Cryer: After which, the Lord Mayor and Aldermen withdraw into the Mayor's-Court, expecting the Common-Serjeant's Report of what is done in the Hall. In the Conclusion, the Mayor and Aldermen return again into the Hall; and the Recorder is Commanded to Declare the Persons chosen. The Reason of the Mayor's Withdrawing, is to Preserve his Negative, and his going down is to Declare his Assent: But the Proclamation is very Express, As to the Right of the Mayor, and the Words are These.  
You, Goodmen of the Livery, Summoned hither this day for Confirmation of A. B. Elected by the Lord Mayor by his PREROGATIVE, to be one of the Sheriffs for the year ensuing; and for Election of another Person to be the other of the said Sheriffs; draw near, &c.  
Now the Precept you must know was in the words of the Proclamation; and the Proclamation in the very words of the Act of Common-Council.  
Here is enough said of the Right and practise of my Lord Mayor's choosing one Sheriff: We shall now say something to the Nature of this Right, and show that this Privilege of my Lord Mayor's is Grounded as well upon Reason as upon Custom.  
The Government of the City of London was never a Democracy; but a Body politic, Consisting of a Head and Members; by the Name of the Mayor, Commonalty, and Citizens: In which Constitution the Mayor is not only an Integral Part; but the most Eminent and Principal, as the Head to the Body; and nothing can be done by the Corporation without him; All their Assemblies, as Common-Councils, and Common-Halls, being called and dissolved by him at pleasure.  
This is the Nature of the Corporation of London in its Institution; Other Corporations that are by Charter, either have or may have such Particular Provision by their Patents, that in Elections the Mayors are Present and Concluded by the Majority. In a word; Every several Corporation is a several species of Government: If they are by Prescription, then Custom Governs all their Proceedings; If they are by Charter, within time of Prescription( which is since 1. R. 1.) then they can pretend to no Custom; but must be governed by their Charter: But whether by Prescription or Charter, they may make Reasonable By-Laws for the better Order of their Proceedings; And such By-Laws formally made, will Conclude All that are bound by By-Laws.  
As this is a Corporation of the greatest Eminency in England, so it has Officers of all Degrees belonging to it. The Lord Mayor is the Chief; His Council, the Aldermen; And these make up the Principal Court of the Corporation. They have a Recorder, to advice them; And then there is the Chamberlain, Town-Clerk, Common sergeant, criers, &c. These are Officers of the Corporation.  
The Officers relating to the Government, as Justices of the Peace, Sheriffs, Constables, Coroners, are the Kings Officers, as it is a County of itself; and are not Officers of the Corporation; for the Lord Mayor is by the Common-Law the Chief Conservator of the Peace of the City; and all Ministerial Officers of the Peace, as the Sheriffs, Constables, &c. are to be Obedient to his Directions and to Attend him: And of this his Authority, the King's Sword being in his Custody is the Ensign.  
This being the Nature of the Body politic, and Government of the City of London; First, The Mayor has a Double Capacity. He is the King's Officer as well as Head of the Corporation. He is the King's Vicegerent and entrusted with the Government of the City, to Maintain it in due Course of Law; and therefore he is Presented to the King, and Approved by him, and sworn to the King, and makes his appearance in the Courts of Westminster-Hall. 2ly. The Sheriffs are only the King's Officers, and not the Officers of the Corporation. They are Attendant upon the Mayor's Person, in all Great Assemblies, as he is the Conservator of the Peace. They are chosen by the Corporation, 'tis true; yet that Alters not the Condition of the Office; but they are still the King's Officers and have but the same Power, as if the King named them.  
This Privilege being Granted within time of Memory to the Citizens, there can be no Customs to Annex their Office to the Corporation, or to make them Subservient to it. King John Grants to the Citizens Power to choose their Sheriffs. The Consequence of this Grant was, That if the King had appointed Sheriffs; and they not Responsible to him, he must have lost his Right: But now the Citizens are Answerable for the Sheriffs. There are some that will Infer from this Grant, that the Citizens are to choose the Sheriffs, and my Lord Mayor has nothing to do to Refuse them. The Answer to this is Obvious; The Citizens is one way of expressing the Corporation; And the Mayor, Commonalty, and Citizens, is another; but they are still the same Corporation; So that a Grant to the Citizens that they shall choose, and a Grant to the Mayor and Commonalty that they shall choose, is one and the same thing. The Commonalty without the Mayor are not a Corporation to any Purpose whatsoever, and therefore the Grant is voided, unless understood of the Mayor, as well as of Them. The Corporation cannot meet without the Mayor, nor sit longer than he pleases, as it appears; for the Assembly of the Commons is either by their Common-Council, or Common-Hall; both which are summoned at the Lord Mayor's pleasure( as is said already,) and so dissolved, or adjourned. The Common-Seal is governed by the Common-Council; and Matters Sealed by the Common-Seal run in the style of the Mayor and Commonalty; so that nothing of that kind is Valid without the Concurrence of the Mayor.  
The Lord Mayors have taken care to preserve This Privilege of a Negative by being Absent at the time of the Choice; If they were present, it might be said a Concurrence; but being Absent, there can be no room for That; but the Mayor hath it reserved to 〈◇〉 Discretion, whether he will join or not, after he shall be Informed of the Proceedings. Herein the Commons have been mistaken, in thinking it their Privilege, to have the Mayor absent, as if their Assembly were less free; but truly it is the Privilege of the Mayor thus to Preserve his Negative.  
The Lord Mayors have taken care to preserve their Negative by a Prae-election; whereby they put it upon the Commonalty to Destroy the Election by disagreeing, with the Mayor, that the Lord Mayor may not have the Odium of Disagreeing with them unless they first give occasion.  
The Negative is reasonable, because it may be the King would not have Granted this Choice of Sheriffs to the City, if they had been a Corporation without a Head; but relied upon the Mayor's Governance, who is a Responsible Person, and the King's Officer; and presented to the King, and sworn to him; So that the Mayor is under, an Oath to choose fit Persons to serve the King in the Office of Sheriffs.  
This Negative is Reasonable again, in Regard that by Law they which choose Officers to receive the King's money, are answerable to the King in the Case of insufficiency; And the Mayor may be Personally Liable in this Case, though he Acts in a politic Capacity.  
This Negative is more strong yet; because the Sheriffs are the King's Officers; and not the Officers of the Corporation; so that whatsoever they may do concerning their own Officers, they cannot Exclude the Mayor in the Choice of the King's.  
It seems here to be a Material Objection, that by this means there may come to be no Choice; for the Mayor and the Common-Hall perhaps will not Agree: But therefore say I the Commons are bound to Confirm; and That way they are sure; If they are not bound to Confirm, neither are they bound to Elect; so that 'tis as Broad as 'tis Long, take it which way you please: But if the Commons are Free Agents, and may either Confirm, or not Confirm, Is not the Mayor a Free Agent as well; And at the same Liberty with the Commons? Magna Charta, that says, Omnes Electiones sint liberae, Extends as well to Preserve the Freedom of the Mayor, and all other People, in regard to One another, as in regard to the King. By Their way, the Mayor doth not Elect at all, which is Inconsistent with their First Grant; but by the Old way, the Mayor and they Elect Reciprocally; so that they may all properly be said to Elect. If A. and B. are to join in an Election of Two Officers, will it not be unreasonable in either of them to Claim the Naming of Both?  
This Reason backed with so long Usage; Made out by so many of the City Records, and By-Laws, should methinks stop the Mouths of All men. For so Long Usage hath been Accounted a Ground to Presume Record; though it cannot be shew'd: Nay to Presume Acts of Parliament between Common Persons( though not against the King) and therefore All that can be presumed ought to be presumed, in favour of so Ancient an Usage. They Object that Election must be according to their Charter; and Usage will make nothing; Whereas the Charter Implies Nothing, but that the Choice shall be with the Mayor and Commonalty, as is said before. Now in relation to the King, it is not material by what Rules they proceed to Elect, or upon what reasons they go, so as they make a Choice wherein the Mayor and Commonalty join. Suppose there were a By-Law that the Mayor should Elect by Advice of the Court of Aldermen; If he Proceeded that way it would be nevertheless an Action. I do Imagine there was a By-Law that the Citizens should Elect by their Livery-men; which Constitute the Common-Hall: This is so far from being against the Charters, that it was Absolutely Necessary; to avoid Confusion, and Strife. The Charters did not intend Every Citizen should join, No, Nor the mayor Part of them. That would be an Intolerable Trouble; but onely the mayor Part of them which should be Present; And when the Assemblies were so full that they were Tumultuous, 'twas necessary to restrain the Number of the Liveries. And why should This be against the Charter, when All Corporations have Power of making Reasonable By-Laws? It may well be supposed, that when the Citizens in General, Deputed the Livery-men to Act for them in Elections, they enjoined them to Confirm my Lord Mayor's Sheriff; Whereupon he was looked upon as a Complete Sheriff; and the Confirmation but a Formality; That according to the Charter, the whole Body might concur to the Act. These Livery men may be said then to break their Trust, in denying the Confirmation,( after so long Usage) to the hazard of a Confusion; much rather than Those Former Livery-men, who were nearer the Times of such Constitutions, to break Their Trust, and betray the Liberties of the City, in allowing the Election of my Lord Mayor. It is indeed of itself much declined from the Gravity of the Ancient Common-Hall, which, at That time, when there were but 12 Companies, Consisted of the most Sober and Substantial Citizens: but now, by the Multiplying of Companies, and Bringing in Mean Artificers, and by Calling on to the Livery, not onely persons of a Law Condition; but whole Shoals of men Disaffected to the Government, to increase a Party; It is no wonder that This Assembly is fallen into Great Disorder.  
Here's a great deal said, to Prove, in Effect, that the Sun Shines; for the Lord Mayor's Right upon the Matter in question is no less Indubitable, and Clear; At least if the City-Records, and the Express Reason, and Intent of his Commission may go for any thing. But to come to the Point, The Mayor's Claim is the least Thing in the controversy; For this Dispute is Started for the Engaging of a Party; not the Deciding of a Right. The People are first Entitled to the sovereignty; And then( upon a Suggestion that their Privileges are Invaded; they are Provoked to draw their Swords, and Defend them. This was the Trick that did the Feat in 1641. The Lord Mayor, and Aldermen were to be levelled with the Commons: His Lordship's Authority of Summoning and Dissolving was first, questioned,( so far we are gon already) and afterwards, taken away. Nay the Mayor himself, followed; and these Encroachments brought on by Degrees, the ruin of King, Church, and People; and, in short, of the Three Kingdoms. He Conclude with the Sum of what befell the City upon giving way to These Innovations.   

Vicesimo Octavo Februarii, 1648.  
An Act of the Commons of England in Parliament Assembled, For Removing Obstructions in the Proceedings of the Common-●ouncil of the City of London.  
THE Commons of England, in Parliament assembled, do Enact, and Ordain, and be it Enacted, and Ordained by the Authority aforesaid, that in all times to come, the Lord Mayor of the said City of London; so often and at such time as any 〈◇〉 or more of the Common-Council-men do by Writing under their hands, request or desire him thereunto, shall summon, assemble, and hold a Common-Council, and if at any time being so required or desired he shall fail therein, then the ten p●rsons or more making such request or desire, shall have Power, and are hereby authorised by Writing under their hand, to summon or cause to be summoned, to the said Council, the Members belonging thereunto, in as ample manner as the 〈◇〉 M●●●r himself usually hath done, and that the Members appearing upon the same Summons, being of the Number of 40 or more, shall become a Common Council; And that each Officer whose duty it shall be to warn in, and Summon the Members of the said Council, shall perform the same from time to time upon the Warrant or Command of ten Persons, or more so authorised as aforesaid: And it is farther Enacted and Ordained by the Authority aforesaid, that in every Common-Council hereafter to be assembled, the Lord Mayor of the said City for the time being, or in his absence, such L●●cum t●nens as he shall appoint, and in default thereof, the Eldest Alderman present if any be, and for want of such Alderman, or in case of his neglect, or refusal therein, then any other person Member of the said Council whom the Commons present in the said Council shall choose shall be from time to time Presiden● or Cha●r●an of the said Council; and shall cause and suffer all things offered to or proposed in the said Council to be fairly and orderly debated, Put to the Question, Voted, and Determined, in and by the same Council, as the M●j●r part of the Members present in the said Council shall desire or think sit; and in every Vote which shall pass, and in the other Proceedings of the said Council, neither the Lord May●r nor Aldermen, joint or separate, shall have any negative, or distinct Voice or Vote, otherwise than with, and among, and as part of the rest of the Members of the said Council, and in the same manner as the other Members have; and that the absence and withdrawing of the Lo●d Mayor, or Alderm●● from the said Council, shall not stop or prejudice the proceeding of the said Council; And that every Common-Council which shall be held in the City of London, shall sit and continue so long as the mayor part of the Council shall think sit, and shall not be dissol●●d or 〈◇〉 but by, and according to the Order, or Consent of the mayor par● of the same Council: And that all the Votes, and Acts of the said Common C●unc●l which was held 13 January last, after the departure of the Lord Mayor from the same Council, and also all Votes and Acts of every Common-Council hereafter to be held, shall be from time to time duly registered, as the Votes and Acts of the said Council have used to be done, in time past. And be it farther Enacted and Ordained by the Authority aforesaid, that every Officer which shall sit in the said Council, shall be from time to time chosen by the said Council. and shall have such reasonable Allowance or Salary, for his pains and service therein, as the Council shall think sit: And that every such Officer shall attend the said Common-Council and that all Acts and ●●cords and ●●gh●er-B●●ks belonging to the said City, shall be extant, to be perused and preached into by every Citizen of the said City in the presence of the Officer who shall have the Charge of keeping thereof, who is hereby required to attend for the same purpose. Hen. Scobel, clear. Parl.  
Take N 〈…〉 that the Vote of Common-Council in the Act above recited of s●n. 13. 1648. When the Lord Mayor w●nt 〈◇〉, and Dismissed the Court, was a Treasonous Vote, for the speedy bringing of the King to Justice.   
THE END.   

Printed for Joanna broom, 1682.