THE MATTERS of FACT In the Present Election of SHERIFFS, For the Year Ensuing, Faithfully Reported: And the Miscarriages of my LORD MAYOR and some other persons in this Matter, briefly declared. THE open and bold invasion made upon the Liberties and Franchises of the City, and that attended with a contempt of the Laws of the Land, as well as the Ancient Customs and Usages of the Corporation, doth not only serve to justify our complaining of the Rape committed upon the Rights and Privileges of the Freemen of London, but invites us to detect and lay open the unreasonable as well as illegal ways and methods that have been taken for the overthrow of whatsoeever we enjoy either by Law, Prescription, or Charter. For as the Electing of Sheriffs is granted by Charters, and confirmed by divers Laws to the Citizens of London; so the conducting the Election, and declaring upon whom the choice through the majority of Votes does fall, hath time out of mind appertained unto, and been claimed by the Sheriffs. And though the Common-Hall be not properly a Court, save for the punishing my Lord Mayor and Aldermen when they transgress against the duties of their Places, and the Trusts reposed in them; yet not only the Right of Electing Sheriffs is in that Assembly and Convention, but the power of appointing the manner in which they will have the Election managed, does entirely reside in the Members who constitute that great Convocation: Yea so far is my Lord Mayor from having either a Negative upon the Hall, or a Right to prescribe unto the Citizens whom they shall choose, that he hath not so much as Power and Authority to take the Suffrages of the Electors, or to Adjourn or Dissolve the Hall, without the leave and consent of the greater number of the Freemen, then and there present. And as all this hath been declared and irrefragably demonstrated in several Papers already Published; so it hath been affirmed under the hands of as good Lawyers as are in England, and particularly of those Gentlemen whom the City have thought worthy to be entrusted in the defending their Charter against the Quo Warranto, put in for the seizure of it. But in defiance of all that hath been said, such is the easiness of my Lord Mayor (to say no worse) that he hath suffered himself to be prevailed upon to despise Law, violate Charters, and act in direct opposition to the duty of his place, and all this for the gratifying of those who have not only commenced a Suit for the subversion of the Corporation, but openly professed that they seek the destruction of its best and most Honourable Members. And as the recounting the chief heads of the matter of Fact is indispensably necessary for the information of the present, as well as future Ages; so the bare rehearsal of those things, will fill the World with amazement, as well as proclaim the Gild of some persons, both to this and following Generations. And that which offereth itself first to our notice, is the accession of some Ministers to my Lord Mayor to procure him to Drink to Mr. North, which his Lordship without the least consideration of that Gentleman's fitness for the Place, or any attendance to the Design in subserviency whereunto that motion was made unto him, first tamely complied with, and afterwards performed, notwithstanding the consequences which would thereupon ensue, were faithfully represented unto him. The next step which his Lordship took in pursuance of the like advice, was to run counter, not only to ancient usage, but to an ●ct of Common Council, 7 Car. 1 in sending for Mr. North, and making him Seal a Bond to hold Sheriff for the year ensuing, before he was so much as named or proposed to the Common-Hall, that was not till Midsummer-day, which was some weeks after my Lord Mayor had caused him under the forfeiture of 1000 l. to undertake to serve. The third advance made by Sir John Moor against the Duty of his place, and the Customs of the Corporation, was his altering the form of the Precepts for the summoning the Common-Hall against the 24 of June. And it is remarkable that whereas not only by the Charters, the Citizens are to meet to choose annually from among themselves Sheriffs, but that all former Precepts r●n in a strain, importing their being to assemble to Elect Sheriffs; the present Mayor did by an Unpresidented and Arbitrary Power, summon them to Conveen to confirm one Sheriff whom he has drunk unto, and to choose another. Nor could his Lordship stop his Irregularities here, but both after a Declaration upon whom the Election had fallen through the majority of Hands, and after the Poll which had been demande●, and wherein himself had acquiesced, was peaceably and fairly carrying on, he came attended with a Company of men, whereof many were not Freemen, divers were armed with Swords, and several were known Papists, and not only interrupted the Poll, but contrary to Law and Right, assured to himself a power of Adjourning the Hall. And having thus far embarked in sinistruous and unjustifiable ways, his next proceeding was partly by himself, and partly by Citizens whom he countenanced to misinform His Majesty, and contrary both to Truth and his own Knowledge, to abuse the King in causing him to believe that divers peaceable persons had been guilty of a Riot; upon which misreport as the two present Sheriff, were committed to the Tower, so the principal blame of it must be imputed to his Lordship. And as it is the first instance on the File of History, of persons being Indicted of a Riot, when lawfully Assembled together, and quietly proceeding in that which they met about; So I question whether our Law-Books furnish one Example of the Council-Boards committing two Officers whose Place and Duty it was to manage the Poll, and govern the Assembly, not only without the hearing of any to speak in their behalf, but in a Case, the Cognisance whereof belongs to the Courts of Common Law. But his Lordship's illegalities hitherto had been both ascribed to the ascendancy which some had gotten over him, and had been easily pardoned, had they terminated here, but it seems he was too far engaged to retreat, and therefore his next Step was to take upon him, contrary to Sense and Common Reason, as well as Law, to Adjourn the Common-Hall July 5th, not only by a Gentleman who being no Free man, could not be substituted his Lordship's Deputy, or locum tenens; but by words signifying only a desire that they would adjourn, which did not import the adjourning of them, but left it to themselves whether they would do so, yea or not. And accordingly the Hall without whose consent they cannot be adjourned nor dissolved by any till they have finished the business about which they are astembled, not only refused to be adjourned, but required the Sheriffs to go on with the Poll. Which as it was managed with all prudence, and not shut up till after more than usual and due Proclamation; yet his Lordship would not rest satisfied with what was then done (merely, as is to be supposed, because the Election fell upon Mr. Papillon and Mr. Duboise) and therefore obtained an Order from the King for a New Hall. For missing what he had designed, in getting ●he present Sheriffs turned out by a Convention intended to have been made up of one party of men (which would have been called a Common-Hall) had not other Citizens upon smelling the project assemble● without warning, he had no other Retreat left, but to apply to his Majesty for an Order to begin again. And though we have nothing to say concerning his Majesty's Order, save that the p●in●ing it for C. R. by which persons upon the first view are apt to think they meant Charles Re●, did not express that veneration for Majesty as is fit; yet we must take the liberty to charge my Lord Mayor, That after he had so often interrupted the Election, and broken in upon the freedom of the City's choice, he did at last labour, and as much as in him lay, compass the dissolving and cancelling of an Election that had been duly made. To this we may add his Lordship's refusing to hear divers Citizens speak, when the Hall first assembled on Friday morning, and he was upon the Hustings, though it be his Duty to hear every man that hath any thing to offer, and it be their Right and Privilege to say whatsoever they will, provided it be agreeable to the matter before them, and within the bounds and compass of Law. Nor can there be a greater evidence of the unreasonableness both of the faction whom his Lordship hath espoused in this whole matter, and of his indiscretion in heading such a brutish, as well as a violent sort of men, than their refusing to suffer an Act of Parliament to be read, though often proposed so to be; and this after the whole Hall had harkened to the reading of His Majesty's Order, with the greatest respect, and profoundest silence imaginable. And in the next place, how can my Lord Mayor answer either to God, or his own Conscience, in keeping so many thousands together from Nine in the morning, till past Six in the evening, when divers contracted sickness, and some lost their lives, by reason of the excessive heat, without coming to a resolve in himself, whether he would acquiesce in the Election that was declared on Wednesday before, or whether he would insist either upon a new Poll, or plead his having chosen one Sheriff by drinking to him, and that all which he would allow the Commons, was to elect another. However, as we may understand the capacity of the man, by his having his Gown many times on, to come down upon the Hustings, and pretend to adjourn the Hall, and as often off, as willing to rest contented in the choice of Mr. Papilion, and Mr. Duboise, which the Sheriffs had declared two days before, with all the wont solemnity; so his sending for for Sir G. Jefferies, and Mr. Saunders, known enemies to the City Rights, and professedly for the overthrow of the Charter, to advise him, and his submitting to their Opinions, which they durst not subscribe, against the Judgement, as well as the irrefragrable Reasons of the Recorder, Mr. Polexfen, and Mr. Williams, who signified their readiness to put their hands to what they said, are things which he will not be able to account for, either before a Parliament, or at the Bars in Westminster-Hall. And what will the world think of his taking his last resolution from a Letter which he received from a Minister of State, seeing as it is an high offence against the Statute of Westminster, 3 Ed. 1. to interpose in, or disturb the Election of any Officers; so it is a high offence against the truth reposed in him, and the integrity of a Lord Mayor of London, to take any other measures th●●●●hat are agreeable to the safety and welfare of the City. A●●●●…o we want a name whereby to call his Lordships retracting his word, after he had consented ●… the having the Poll go on a new, for two to be chosen out of the Four who had been named, 〈…〉 e question not but to see a Judicature in England, that will both know by what Title to st● and to call him to an account for renouncing all Faith, as well as Justice. For it is observable, that he had not only agreed on Friday night, to have the Poll proceed for the Election of Two out of Four, but he renewed his agreement as to that particular, to divers worthy Citizens, on Saturday morning. But what shall be said of a man who upon the coming of Sir L. J. receded from his Word, as well as from Law and City-Custom. Yea, it is no small aggravation of his Crime, that he re-assumed the pretence of his having chosen one Sheriff by virtue of his Prerogative, after he had heard the Secretary affirm, that they must take that ●ourse, though rueret Coelum, all things should run into confusion. And should his Lordship's Memory fail him, either as to the Polls being demanded for all Four, or as to his granting it, there are several persons who are able to remember it, and whose words are beyond all suspicion of falsehood. The next thing whereof we may justly accuse my Lord Mayor, is his usurping the managing of the Poll, not only against Law and usage, but when the Common-Hall had devolved it upon, and lodged it in the Sheriffs. For such was the modesty of those worthy Gentlemen, that they would not undertake it, though Custum would have justified them in doing so, till they had consulted the Hall, and been empowered by them, as those in whom the Authority does reside over all Affairs which come before them. Here is an Arbitrary Power with a witness, not only to claim what his Ancestors never did, and which constant usage directly gainsays, but to do it in opposition to the vote of three parts in four of the Hall, who entrusted the Sheriffs with the taking the Suffrages, and declaring the Election. And as he who engageth once in illegal courses, knows not where he shall stop, so his Lordship having advanced thus far without fear in himself, or Law to countenance him, proceeded farther in taking the boldness to declare Mr. North Sheriff, not only without his being confirmed, but when 2414. Citizens had expressly declared and polled against his Confirmation Nay, as it this had not been the height of Extravagancy, his Lordship pretends to declare Mr. Box Sheriff, though he had not 1400 Hands; whereas Mr. Papillon, and Mr. Dubois● had upwards of 2400 in the Sheriff's Books, besides some hundreds that polled for them in those that were styled his Lordships. So that he hath robbed the Freemen of the Right of choosing both the Sheriffs; and instead of proposing only one to them, whom they may confirm or not, as they see good, he hath by an arbitrary, and illegal power, assumed unto himself the imposing two upon them, against their will and consent. It were needless to recount all my Lord Mayor's Miscarriages in this Affair; such as not only his denying divers worthy Citizens who were for Mr. Papillon and Mr. Duboise, access unto him, when his house was free and open to those of the contrary party; but the suffering several of the best quality to be affronted and assaulted, if not in his vety presence, at least within his gates. And as if it had not been contrary to the duty of his Office as well as the wisdom of a man, to give up himself implicitly to the government and conduct of Sir L. J. he not only permitted that person to be present at his discourse with several Freemen that came to him about the privileges and Franchises of the City; but he connived at and allowed that Minister in checking and rebuking some Gentlemen who had the courage in his hearing to claim their Rights. Surely as his Lordship hath taken no notice of what befell Sir Samuel Sterling, and Sir Edward Bromfield, for Offences not near so heinous as those he is guilty of, so he never read of one Sir Nicholas Brember Lord Mayor of London, that was condemned to be hanged in Richard the 2d's time, Knighten. and with much a do, upon the King's intercession, had the favout to be beheaded; and this for neglecting the duty of his place, and acting conformably to the dictates of Court Ministers; particularly for undertaking at the pleasure of the King, to be Mayor without the consent, and against the will of the Citizens. And as this may instruct Sir John Moor what he may in due time expect; seeing the imposing such Officers as Sheriffs upon the City, not only without the concurrence, but against the Declaration of the Freemen, is a much greater Crime than the serving Mayor at the Command of the King, without their consent; so it may forewarn Mr. North and Mr. Box what is likely to befall them, if they take upon them the Office of Sheriffs against the Will of the Citizens. For if King Richard's requiring Sir Nicholas Brember to hold Mayor without being duly Elected, could not save his Head from the Block, much less can Sir John Moor's calling these Gentlemen forth to the Office of Sheriffs, protect them from the Punishment to which by the Law they shall be found liable for so doing. And as they will be bold men that will undertake the Office of Sheriffs upon the bare Authority of my Lord Mayor's word; so I know not how the present Sheriffs can resign the Goals, etc. unto such persons who pretend to the Office of Sheriffs by no better Right. Nay, I will be bold to say, That should my Lord Mayor and the Court of Aldermen have the confidence to swear Mr. North and Mr. Box, on Michaelmas Eve, that the Common-Hall may Vote them out, and choose others in their Room on Michaelmas day. But it is pleasant to observe how this pretended Election of North and Box for Sheriffs, against the ensuing Year, works already with the Papists and our Masquerade Protestant's: for they not only begin to talk of blasting the belief of the Popish Plot, but of Hanging Protestants by Wholesale. And whereas Mr. Duncomb was contented a few days ago with the Lives of 9 or 10; nothing less will now serve them than the destroying of Scores, if not Hundreds, and this within the compass of London and Middlesex. However, this we have to rely upon, that whereas Mr. North had only 107 hands, and Mr. Box 1353 in all the Books, Mr. Papillon and Mr. Dubois had upwards of 2700 Hands a piece, reckoning in my Lord Mayor's Books with those of the Sheriffs, and were Proclaimed to be duly Elected by the proper Officers. And as we cannot think that the King will connive at so unjust a thing, and which so directly subverts all the Laws, by which he hath sworn to Govern; so we are assured that the Judges in His Majesty's Courts, will esteem no punishments severe enough, as well for them that shall act as Sheriffs by no better Warrant, as for him that hath taken upon him to declare them for such, against all Law, as well as Precedent. And as my Lord Mayor may be already sensible, how his Fellow-Citizens resent his late illegal carriage and behaviour towards them, by the many Actions entered against him, to which they have demanded appearance so he will find, that all that is hither done in order to right themselves, and chastise his usurpation upon their Franchises, is but like a few drops before a storm, in comparison of what he must afterwards look for. Nor must Sir J. E. and Sir W. P. etc. think to escape being called to an account, not only for abetting the Mayor in all these Invasions upon the Privileges of the City, but for exciting him unto, and hurrying him upon them. And as it is evident what esteem they have of his Lordship, by using him as a Tool to do such unjustifiable and enormous things, which were they themselves in the Chair, they would neither have the boldness nor indiscretion to attempt; so their thus managing a person whom they style their Friend, as well as one to whom they are bound by their Oaths to give safe and good Advice, rendereth them Offenders against Truth, Justice, and the Rules of Friendship, as well as against the Rights of the Corporation and their own Oath. And as for the Common Sergeant, and the Common-Cryer, they ought to reckon themselves accountable, as for other misdemeanours in this Affair, so for disobeying their Masters in refusing to pronounce and proclaim what the Common-Hall, whose servants they are, required and commanded them to do. And should the Commons of London quietly digest, and overlook the disobedience and obstinacy of these Fellows whom they have raised and made, I will say that they have not only forgotten their Authority, but that they deserve to be ridden and trampled upon by their meanest Officers. LONDON: Printed for J. Johnson. 1682.