THE RIGHT and DUTY OF THE Commons of London, IN THE Election of Sheriffs, and other Officers: Recommended to the COMMON-HALL. THE Seizing of Charters, and the Invasion made upon the Freedom and privileges of Corporations, having given great occasion to the late Revolution, the Parliament have therefore thought it necessary as well as just, to restore all Cities, as well as Burroughs, and particularly the Metropolis of London, to all their Ancient Rights, privileges, and Legal Customs: Of which we should not only show ourselves unworthy, but prove treacherous both to ourselves, and to our Posterity, in case that through supineness we neglect, as occasion offereth, to claim and assert them. So that having suffered ourselves to be eluded of the Annual Choice of Town-Clerk, and Common-Serjeant, it becomes all true Citizens to retrieve and recover that Ancient, Legal, and undoubted Right and privilege: Seeing it is expressly granted in our Charters, which have been ratified and confirmed in so many Parliaments, Lib. Alb. fol. 13. 6. 12 Hen. 3. 12 Ed. 2. 7 Ri. 2. That the Chamberlain, Common-Clerk, and Common-Serjeant of the City of London shall be chosen by the Commonalty of the said City, and removed when they will. And whereas among other privileges vested in the Commons of London, that of having a Sheriffwick belonging unto them, with a Right of electing annually two Sheriffs, is one of the most important, and the wresting whereof from them hath been attended with fatal Consequences, in relation both to their Persons and Estates; it is hoped that no man will so far abandon his own safety, or betray the Corporation, as to suffer themselves to be divested of it, or permit it to be invaded, under pretence of submission unto, and complying with a late foolish and unjust usage. For the Right of choosing Two as well as One Sheriff, is equally conveyed unto, and settled upon the Commons of London, both by the Laws of England, and by the many Charters that hath been granted and ratified unto them. Which appears not only by the Charters at large, and the several Inspeximus's confirming them from the Reign of Henry I. Ann. 1100, through all the successive Reigns, till this present time, but that the Commons had the Sheriffwick belonging unto them as their Freehold and Birthright by Common-Law, is evident by the Statute of Edw. I. chap. 8. & 13. Cook's Notes upon it, 2 justit. Fol. 558. and by Lambert in his Saxon-Laws. Fol. 146. Let any man consult the Words of the Charters, and then tell me whether the Commons of London have not been, and are to this day, injuriously usurped upon. Know ye, say the Charters, Lib. K. in Archivis London, fol. 120. Hen. I. King John. Ed. 1. 2. 3. Ric. 2. Hen. 4, 5, 6. Ed. 4. Ric. 3. Hen. 7. 8. Q. Mary. Q. Eliz. K. James 1. Ch. 1, 2. K. W. & Q. M. Rot. Parl. 7 Ric. 2. & Inspex. 8. Jacob. Ex Original. Carta. 1 Johannis. That we have granted, and by this our present Writing, confirm to our Citizens of London, the Sheriff-wick of London and Middlesex, with all the Customs, and things within and without, by Land, and by Water, to have and to hold to them, and to their Heirs; paying therefore 300 blank Sterling Money, at two payments. And farther, we have granted to the Citizens of London, That they amongst themselves, may make Sheriffs whom they will, and may remove them when they will. And those whom they shall make Sheriffs, they shall present to our Justices at the Exchequer, to answer us for those things, which to the said Sheriff-wick do appertain, whereof they ought to answer us. And unless they shall sufficiently answe and satisfy, the Citizene shall answer and satisfy us, the Amercements and Farm. And that the Sheriffs of the City aforesaid, after the Tenor of the Charter thereof made, be chosen, and no otherwise. But now, tho the Right of chafing Annually two Sheriffs, be as fully vested in the Commons of London, as Words can settle and convey it; yet through a neglect in the Citizens of maintaining their own Rights, and through an Usurpation of some in Authority to advance the Prerogative of the Chair, the Citizens have greatly suffered by an Invasion upon this their Ancient and undoubted Privilege. And when their Present Majesties have been willing to restore unto all their People, the Rights and Liberties that had been wrested from them under the late unhappy Reigns, it is the misfortune of the Commons of London, to have theirs invaded and withheld, by the revival of a Custom of my Lord Mayor's drinking to one under the Denomination of Sheriff, to be confirmed by the Common-Hall. The renewing of which Custom ▪ is the more reproachful, as well as injurious at this time, because it is the reassuming of a Claim that was of late exploded, as well as it was at first usurped. All that was anciently pretended unto by my Lord Mayor, was the bare naming and proposing of one that might be fit to be chosen Sheriff, which was connived at, and submitted unto upon a supposal, That he, by reason of his Acquaintance and Converse with the Citizens, might understand better than others, who had the most Qualifications proper and necessary to so weighty and important an Office. Nor was this naked naming, challenged as a Prerogative appertaining to the Chair, but it was devolved upon, and lodged with the Mayor, at the request and desire of the Citizens. For the Justices of Assize being impowered by an Act made in the 20th of Edw. 3d. to inquire into the Misdemeanours of Sheriffs, and to punish them as Law and Reason should require; many thereupon became apprehensive of the Danger attending the discharge of that Office, and therefore instead of courting it, endeavoured to avoid and decline it. And under this allowance on this occasion vouchsafed by the Citizens to the Mayor, so far was his Nomination from lessening, and much more from infringing the Right of the Commons in the Election of Sheriffs, that they not only several times forbore choosing Those whom the Mayors had proposed, as in the 42 and 43 of Edw. 3d; but by Acts of Common-Council made in the 49 Ed. 3. and 4 Hen. 5. they provided for the Preservation and Security of their own Privilege, through disclaiming the being limited, restrained, or prescribed unto in their Choice, by any Power or Authority resulting from my Lord Mayor's Nomination. And as this was all, both for the matter and manner that was practised by the Mayors, and allowed by the Citizens for about 160 years; so the Formality of drinking to one at the Bridge-house, which was introduced and obtained about the beginning of Hen. 8. was no more accounted of, than a recommending to the Commons the Person that was drank unto, as one that might deserve their Consideration, in the Election they were to make of next Sheriffs. Accordingly the Person so recommended, was not only during the Infancy of this Custom, and the modesty wherewith it was exercised, sometimes waved and rejected by the Common-Hall, as in 29th of Eliz. But even after it became both challenged as Prerogative of the Chair, and had received an Establishment by a Law of Common-Council, in 7 Ch. 1. several Persons thus nominated, and pretended to be elected by Mayors, have been refused, and precluded by the Vote and Authority of the Commons, as in 19. Ch. 1. and 32. Ch. 2. How incongruous would it now be for the Citizens of London to wear Chains, while all the Nation besides is freed from its Fetters? And while others rejoice in their being rescued from the Invasions made upon their Rights and Liberties by Kings, shall we be fond of continuing enslaved to the Usurpations of those, whom we ourselves advanced into Office? What the Kingdom would not allow to the Throne, let not us gratify the Chair with. What we envied our late Kings after the surrender of the Charter, let us not part with to my Lord Mayor, when restored to the Possession of it. We are favoured with an opportunity, which may never be recovered, if we now suffer it to be lost. And therefore let us not only assert and vindicate our Right of choosing two Sheriffs, but let us likewise endeavour to retrieve that Power which hath been wrested from us by the Bench, of discharging without our Consent and Concurrence, those whom we shall think fit to Elect. And what hath been so happily begun and practised in the Cases of Sir Christopher Leithelier, and Sir John Hubland, let us continue to maintain the same in relation to all others. 'Tis Pageantry for us to pretend a Right to Elect, while others than the Electors can discharge the Persons that are Elected. Those at present offered to the Vote of the Common-Hall, Are for Sheriffs. Sir WILLIAM ASHHURST, Kt. and Ald. Alderman LEVITT, LEONARD ROBINSON for Chamberlain. To be Elected, and continue in their Offices. 〈◇〉 GOODFELLOW, Esq; the present townclerk, HENRY CHRISP, Esq; the present Common-Serjeant, the present Bridge-Masters. 〈◇〉 NICHOLS, ISA. PULLER, LONDON: Printed in the Year 1691.