THE
CASE
BETWEEN
THE
LD
.
MAYOR
&
COMMONS
OF
LONDON
Concerning
the
Election
of
Sheriffs
For
the
Year
ensuing
,
clearly
Stated
.
And
the
Sense
of
some
Learned
Gentlemen
of
the
Gown
concerning
it
,
by
way
of
ANSWER
to
several
Questions
truly
and
fully
represented
.
THE
City
of
London
is
and
time
out
of
mind
hath
been
Incorporate
by
divers
Names
,
and
amongst
the
rest
,
by
the
Name
of
Mayor
,
Commonalty
,
and
Citizens
of
London
.
King
John
by
his
Charter
did
Grant
Civ
.
Lond
.
vicecom
.
Lond
.
&
de
Midd
.
cum
omnibus
rebus
,
&
consuetudinibus
que
pertinent
ad
predict
.
vicecom
.
And
in
another
Clause
,
Grants
Civit
.
Lond
.
quod
ipsi
de
seipsis
faciant
Vicecom
.
quosque
voluerint
.
As
for
Summoning
the
Folkmote
or
Common-Hall
,
it
appears
that
Anciently
they
were
Convened
together
by
the
Ringing
of
a
great
Bell
,
after
that
by
the
Mayor
and
Aldermen
,
but
the
certain
Days
for
the
Elections
of
the
Mayor
,
Sheriffs
,
and
other
principal
Officers
for
the
City
,
being
setled
by
several
Acts
of
Common-Council
,
the
Citizens
met
of
course
at
the
prefixed
time
.
For
certain
it
is
,
among
the
many
Precepts
made
out
by
the
Mayors
,
and
entred
in
the
Journals
of
the
City
in
the
Reigns
of
Hen
.
7.
Hen
.
8.
Edw
.
6.
Q.
M.
and
Q.
Eliz
.
there
is
not
one
Precept
to
be
found
for
Summoning
the
Common-Hall
by
the
Mayor
,
tho'
by
the
Ancient
Entries
it
may
seem
some
Notice
or
Remembrance
was
given
as
well
to
the
Mayor
and
Aldermen
,
as
to
the
Commons
.
Nay
sometimes
it
was
Ordered
by
the
Common-Council
,
That
the
Common-Hall
should
Assemble
upon
such
and
such
a
Day
,
at
such
and
such
an
Hour
,
for
such
Elections
;
and
not
only
so
,
but
some
of
the
chief
Aldermen
have
Ordered
the
meeting
of
a
Common-Hall
.
Upon
the
meeting
of
the
Common-Hall
,
the
Lord
Mayor
and
Aldermen
for
their
conveniency
sitting
in
the
place
where
the
Court
of
Hustings
are
usually
kept
,
the
Recorder
declares
to
the
Hall
the
Cause
of
their
Assembly
to
be
for
the
choosing
of
Mayor
,
Sheriffs
,
Chamberlain
,
Bridge-Masters
,
and
other
Officers
,
and
when
he
hath
so
done
,
his
Lordship
with
the
Aldermen
have
used
to
go
away
and
leave
the
Hall
to
proceed
in
their
Elections
.
That
the
Sheriffs
for
the
time
being
have
constantly
used
to
manage
the
Elections
to
distinguish
if
they
can
by
holding
up
of
the
hands
of
the
Electors
who
hath
the
greater
number
,
but
if
a
Pole
be
desired
,
the
Sheriffs
have
constantly
appointed
the
Tellers
and
manag'd
the
Pole
,
and
when
finished
they
come
to
the
Lord
Mayor
and
Aldermen
,
in
a
Room
apart
in
the
Guild-Hall
and
tell
them
what
hath
been
done
,
and
upon
whom
the
Election
hath
fallen
;
and
then
the
Lord
Mayor
and
Aldermen
usually
return
upon
the
place
where
the
Hustings
is
usually
kept
,
and
declare
by
the
Recorder
to
the
Hall
,
who
have
the
Election
,
and
thereupon
Proclamation
is
usually
made
by
the
Common-Cryer
that
the
Assembly
depart
.
That
it
hath
sometimes
but
rarely
happened
,
and
but
of
late
days
,
either
through
shortness
of
time
or
some
other
great
occasion
,
the
Election
or
Pole
could
not
be
finished
;
and
then
the
Sheriffs
have
declared
,
That
the
Assembly
should
depart
and
the
time
for
the
next
Assembly
,
and
accordingly
they
have
at
the
appointed
time
re-assembled
,
and
proceeded
and
finished
.
That
there
is
no
instance
that
ever
any
Lord
Mayor
hath
Adjourned
or
Dissolved
the
Common-Hall
without
their
Assent
before
the
Elections
finished
,
but
only
one
in
the
time
of
Sir
Samuel
Sterling
Lord
Mayor
,
about
the
Office
of
Bridge-Master
,
for
which
Damages
was
recovered
against
him
.
That
a
Comman-Hall
was
Summon'd
by
the
Lord
Mayor
,
and
met
upon
Midsummer
day
last
,
that
the
Recorder
declared
the
occasion
of
their
Assembly
to
choose
the
Officers
,
and
then
the
Lord
Mayor
,
Aldermen
,
and
Recorder
withdrew
.
That
the
Sheriffs
proceeded
to
manage
the
Election
;
Chamberlain
,
Bridge-Masters
,
and
all
the
other
Officers
were
Elected
,
but
a
Poll
desired
concerning
the
Sheriffs
,
thereupon
the
Assembly
adjourned
out
of
the
Hall
into
the
Yard
called
the
Guild-Hall-Yard
,
and
there
proceeded
taking
the
Poll
.
About
Seven
of
the
Clock
that
day
the
Lord
Mayor
comes
upon
the
place
where
the
Hustings
Court
is
usually
kept
in
the
Hall
,
(
the
Assembly
being
adjourned
out
of
the
Hall
into
the
Yard
,
and
then
Polling
in
the
Yard
,
)
and
by
the
Common-Cryer
standing
upon
that
place
in
the
Hall
by
Proclamation
declares
,
That
the
Assembly
depart
,
but
to
Assemble
again
upon
Tuesday
following
at
Nine
o'
th
Clock
.
There
were
a
great
number
of
People
in
the
Hall
,
when
this
was
declared
,
and
the
News
of
it
was
carried
out
to
the
Sheriffs
then
proceeding
in
the
Poll
in
the
Yard
.
The
Sheriffs
did
not
thereupon
desist
,
but
went
on
Polling
till
about
Eight
of
the
Clock
,
and
then
the
Sheriffs
declare
,
That
the
People
should
depart
,
and
Assemble
again
upon
Tuesday
following
,
at
Nine
o'
th
Clock
.
It
was
accordingly
done
,
and
upon
Tuesday
the
Hall
Assembles
again
,
and
then
the
Lord
Mayor
upon
the
place
of
the
Hustings
by
the
Cryer
declares
,
That
they
shall
depart
,
and
Assemble
again
upon
Wednesday
come
seven
night
.
Upon
Wednesday
they
Assemble
again
,
but
the
Lord
Mayor
happening
to
be
taken
sick
and
not
able
to
come
abroad
some
of
the
Aldermen
and
Recorder
go
to
him
,
and
he
being
on
his
Bed
declares
to
them
his
Condition
,
and
mind
,
which
on
Friday
following
was
written
down
from
his
own
mouth
in
the
Court
of
Aldermen
,
(
and
then
delivered
to
the
Four
Counsel
whose
Opinions
was
desired
)
in
these
Words
(
viz.
)
The
Lord
Mayor
desired
the
Recorder
to
acquaint
the
Common-Hall
that
he
could
not
come
himself
,
but
directed
that
the
Court
might
be
Adjourned
to
Friday
at
Nine
of
the
Clock
.
Thereupon
some
of
the
Aldermen
and
the
Recorder
about
Ten
of
the
Clock
goe
upon
the
place
of
the
Hustings
,
and
the
Recorder
saith
thus
:
Gentlemen
,
I
am
to
Acquaint
you
with
a
Message
from
my
Lord
Mayor
,
That
he
is
fallen
very
ill
,
so
that
he
cannot
fiir
from
his
Bed
,
and
therefore
does
desire
that
this
Common-Hall
may
be
Adjourned
till
Friday
morning
Nine
of
the
Clock
.
And
then
the
Aldermen
and
Recorder
depart
,
and
the
voice
of
the
Hall
being
against
an
Adjournment
,
a
Question
was
demanded
to
be
put
to
the
Common-Hall
,
whether
they
would
Adjourn
or
not
,
and
that
Question
was
put
to
them
and
carryed
in
the
Negative
.
And
upon
a
Second
Question
,
Whether
the
Sheriffs
should
at
that
time
proceed
upon
and
finish
the
Poll
or
not
?
It
was
carryed
in
the
Affirmative
.
And
thereupon
the
Sheriffs
proceed
,
and
about
Three
of
the
Clock
finish
the
Poll
.
Afterwards
at
the
instance
of
the
Common-Hall
a
Question
being
put
,
Whether
they
should
then
declare
the
Poll
,
and
publish
the
Election
?
It
was
carryed
in
the
Affirmative
.
Whereupon
the
Sheriffs
at
the
instance
of
the
Common-Hall
did
declare
the
Poll
,
and
publish
the
Election
to
fall
upon
Mr.
Thomas
Papillion
,
and
Mr.
John
Dubois
,
which
done
the
Common-Hall
dissolved
:
Afterwards
the
Sheriffs
acquainted
the
Lord
Mayor
in
the
Court
of
Aldermen
with
what
was
done
.
Upon
Friday
there
being
a
great
number
of
the
Citizens
Assembled
in
the
Hall
,
the
Lord
Mayor
comes
upon
the
place
of
the
Hustings
,
and
the
Common
Cryer
declares
that
the
Assembly
may
depart
,
and
give
their
Attendance
again
on
Friday
next
.
Qu
.
1.
Whether
the
Lord
Mayor
has
power
to
Adjourn
or
put
off
the
Common
Hall
without
their
Consent
?
For
Order
sake
,
it
has
been
used
and
allowed
to
the
Lord
Mayor
to
Summon
the
Common
Hall
;
and
when
their
business
is
done
,
and
not
before
;
to
cause
Proclamation
to
be
made
,
and
to
dismiss
them
.
His
Duty
in
the
mean
time
,
if
he
have
any
thing
to
do
,
is
to
take
care
that
they
be
not
interrupted
in
their
Business
either
by
himself
or
others
.
Most
especially
he
ought
not
to
be
concerned
in
the
Election
of
Sheriffs
;
for
,
they
are
not
properly
Corporate
Officers
;
and
the
Citizens
Electing
them
is
by
Charter
,
which
is
granted
,
to
the
Citizens
Cives
London
;
and
the
Mayor
is
not
named
in
the
Charter
;
nor
can
have
any
share
in
their
Election
,
otherwise
than
as
he
comes
under
the
general
name
of
a
Citizen
.
This
is
an
Assembly
of
the
Citizens
,
and
their
business
is
to
Chuse
Officers
.
It
has
no
Jurisdiction
.
It
is
no
Court
;
and
neither
the
Lord
Mayor
,
nor
any
other
person
is
,
or
can
be
Judge
there
.
Like
an
Assembly
of
Parishioners
to
Chuse
Church
Wardens
,
&c.
The
Assembly
may
be
held
without
the
Mayor
:
If
he
die
in
his
Mayoralty
,
they
may
Assemble
and
Chuse
another
;
and
so
they
may
if
he
commit
a
Crime
against
his
Duty
and
Trust
.
If
he
will
not
Summon
them
at
all
,
yet
they
may
Assemble
;
or
otherwise
it
would
be
in
his
power
to
cause
a
Forfeiture
of
their
Liberties
for
want
of
making
Elections
.
If
on
Midsummer
Eve
he
should
fall
into
a
Feaver
,
and
grow
delirious
,
or
speechless
,
they
might
nevertheless
proceed
.
And
as
they
may
voluntarily
come
together
for
these
occasions
,
so
they
may
voluntarily
Recede
and
Adjourn
if
they
will
.
Had
Sir
William
Wild
been
Recorder
,
he
would
have
declar'd
as
he
did
when
he
was
Judge
,
in
the
Case
of
Turner
against
Sir
Samuel
Starling
,
That
the
Mayor
could
not
dismiss
this
Assembly
sine
Assensu
,
or
contra
Voluntatem
Electorum
,
as
that
Record
says
.
With
whom
agreed
the
rest
of
the
Judges
of
the
Court
of
Common-Pleas
;
and
also
the
Lord
Chief
Justice
Hale
,
and
the
rest
of
the
Judges
of
the
King's-Bench"
,
upon
solemn
Arguments
in
both
Courts
.
And
they
all
commended
this
for
very
good
Law
and
Custom
,
and
determined
that
he
was
punishable
by
Actions
;
and
also
in
a
publick
way
by
Information
,
&c.
For
otherwise
it
would
be
in
every
Chief
Officer's
Power
,
in
all
Corporations
,
to
disappoint
all
Elections
,
or
to
get
whom
he
would
Chosen
,
and
whom
he
would
Refused
,
by
putting
off
from
time
to
time
,
and
tyring
the
Electors
,
or
stealing
an
opportunity
of
Election
of
insufficient
and
unworthy
Persons
at
any
one
day
,
when
the
great
part
of
the
Electors
are
gone
into
the
Country
,
or
to
Fairs
,
&c.
who
had
they
been
present
,
would
have
Chosen
others
.
And
by
this
means
he
would
make
himself
Arbiter
and
Disposer
of
all
Elections
which
belong
to
the
Citizens
:
For
the
Grants
are
to
the
Citizens
.
And
the
King
has
trusted
the
Citizens
with
these
Elections
.
And
it
is
the
King's
▪
Prerogative
to
make
such
Grants
.
and
to
have
them
observed
.
And
the
Mayor
himself
is
Chosen
by
the
Citizens
,
and
is
their
Officer
.
In
Sir
Robert
Viner's
Mayoralty
,
a
Common
Council
was
held
by
Advice
of
Council
,
though
his
Lordship
took
up
the
Sword
,
and
went
away
,
which
is
a
much
stronger
Case
.
The
Speaker
of
the
House
of
Lords
,
or
the
Speaker
of
the
House
of
Commons
cannot
Adjourn
without
consent
of
the
House
;
no
not
by
Command
of
the
King
,
who
may
Prorogue
or
Dissolve
.
This
is
declared
in
the
Roll
of
the
collected
standing
Orders
of
the
Lords
House
in
King
James's
time
,
and
was
declared
a
standing
Order
in
the
Commons
,
Decemb
.
1678.
Such
an
extravagant
exorbitant
Power
was
never
hitherto
thought
of
,
that
a
Mayor's
single
Vote
should
over-rule
the
Votes
of
the
whole
Corporation
.
All
Corporations
then
are
at
the
mercy
of
their
Officer
.
It
is
impossible
the
Lord
Mayor
should
do
any
such
Act
without
the
consent
of
his
Fellow-Citizens
.
The
Lord
Mayor
is
not
a
Judge
here
,
but
an
Officer
;
he
is
not
to
Rule
them
in
the
Common-Hall
;
but
to
serve
them
,
when
they
have
done
,
to
publish
their
Election
,
and
proclaim
their
Dismission
or
Dissolution
.
And
it
is
a
wonderful
Arrogance
,
that
a
Mayor
that
is
a
Creature
made
by
the
pleasure
of
the
Citizens
,
should
take
upon
him
a
Power
to
controll
all
them
,
or
the
major
part
(
which
is
the
same
.
)
My
Lord
Hobart
sayes
,
If
the
King
Incorporate
a
Town
they
may
Chuse
a
Mayor
or
Head-Officer
,
though
it
be
not
expresly
granted
.
But
can
any
sensible
Man
imagine
,
that
when
all
the
Members
of
any
City
,
or
Town
Corporate
Chuse
a
Mayor
,
that
they
give
him
a
Power
,
that
in
case
he
and
they
regularly
meet
about
Corporation-business
,
and
they
think
fit
to
proceed
with
it
,
and
he
thinks
otherwise
,
that
he
alone
should
controll
them
,
and
interrupt
for
a
time
,
if
he
will
,
and
if
he
will
for
ever
,
all
the
business
of
the
Universality
,
and
destroy
the
very
Inheritance
of
their
Liberties
.
And
so
in
time
to
come
it
may
fall
into
the
Hands
of
a
Bankrupt
or
Beggar
,
a
weak
or
a
wicked
man
,
who
(
it
may
be
)
will
sell
all
the
Interest
he
has
in
the
world
for
a
hundred
pound
,
to
destroy
the
Liberties
of
the
Corporation
,
who
happen
to
misplace
the
Mayoralty
upon
him
,
and
even
the
Liberties
of
this
Great
Opulent
and
Renowned
City
,
which
concern
so
many
hundred
thousand
persons
,
and
which
are
the
greatest
Inheritance
that
is
,
or
ever
was
,
or
can
be
among
the
Subjects
of
England
.
Qu
.
2.
Whether
the
Lord
Mayor
or
could
give
authority
to
the
Recorder
,
or
any
other
person
,
to
adjourn
the
Common
Hall
?
Mr.
Recorder
,
by
vertue
of
his
Office
,
had
no
Authority
in
the
Common-Hall
,
and
was
not
constituted
,
nor
(
being
not
a
Citizen
)
was
he
capable
of
being
constituted
locum
tenens
,
or
Deputy-Mayor
,
it
must
be
an
Alderman
.
Mr.
Recorder
could
be
no
more
than
a
Messenger
.
If
my
Lord
Mayor
had
sent
his
Sword-Bearer
,
or
his
Foot-man
instead
of
him
,
the
Decorum
had
not
been
so
much
:
But
the
Authority
had
been
the
same
,
and
the
Law
the
same
.
The
Livery-Men
may
as
well
send
their
Votes
by
Messengers
.
The
Mayor
and
Citizens
might
as
well
do
all
their
businesses
by
Messages
or
Proxys
,
without
meeting
in
Congregatione
,
as
the
Common-Hall
is
called
.
The
Puisnee
Judge
that
is
to
adjourn
the
Court
at
Westminster
,
cannot
do
it
by
any
Person
that
he
can
send
.
An
Adjournment
intended
or
declared
out
of
Court
,
cannot
be
an
Adjournment
of
a
Court
.
It
is
not
to
be
delegated
.
What
Power
the
Mayor
has
is
but
delegated
from
the
Citizens
,
Potestas
delegata
non
potest
delegari
.
At
least
it
must
be
to
a
locum
tenens
.
Qu
.
3.
Whether
that
which
the
Lord
Mayor
in
his
Sickness
did
do
,
as
above
,
gave
Authority
to
the
Recorder
to
do
it
?
And
whether
it
was
thereby
so
put
off
,
or
adjourned
,
as
it
could
not
regularly
proceed
?
My
Lord-Mayors
words
do
not
purport
that
the
Adjournment
should
be
made
by
Mr.
Recorder
,
nor
was
it
possible
to
be
done
by
him
.
The
words
remembred
by
my
Lord-Mayor
,
and
those
delivered
by
Mr.
Recorder
,
all
men
agree
to
be
the
same
in
Substance
,
and
would
be
equally
effectual
if
there
were
a
Foundation
:
But
they
are
altogether
ineffectual
.
And
if
Mr.
Recorder
had
dishonoured
his
place
so
much
,
as
to
have
taken
upon
him
the
part
of
the
common
Cryer
,
to
pronounce
the
words
of
Adjournment
,
nay
,
and
if
he
had
had
,
which
he
had
not
,
an
Order
from
my
Lord-Mayor
so
to
do
,
yet
that
would
not
have
altered
the
case
.
The
Common
Hall
were
right
in
their
Opinion
,
that
Adjournment
could
not
be
without
their
consent
,
whatsoever
form
of
words
had
been
spoken
to
them
.
But
the
words
as
they
were
conceived
,
shew
the
Prudence
of
my
Lord-Mayor
and
Mr.
Recorder
▪
that
they
did
not
pretend
to
take
upon
them
a
Power
which
no
Law
,
Usuage
,
or
Reason
gave
them
;
whereby
they
would
have
put
themselves
into
a
much
worse
case
than
that
of
Sir
Samuel
Starling
:
For
here
was
a
greater
defect
of
Power
than
in
that
case
.
Sir
Samuel
Starling
defended
himself
at
the
Tryal
,
alledging
that
he
had
no
power
to
dismiss
the
Common-Hall
till
they
had
finished
their
Election
,
and
they
might
have
stayed
,
notwithstanding
his
Proclamation
,
it
was
their
fault
or
errour
to
go
away
.
But
the
Lord-Chief-Justice
said
,
that
defence
would
not
serve
him
;
for
if
he
,
or
any
other
person
pretending
to
power
,
should
take
upon
him
to
put
off
the
Assembly
,
it
was
highly
punishable
,
and
it
did
rather
aggravate
and
double
the
Offence
,
to
say
he
deceived
and
disappointed
the
people
of
their
Right
of
continuing
there
by
pretence
of
an
usurpt
Power
,
which
in
Truth
and
in
Law
he
never
had
.
And
yet
he
was
Mayor
and
present
,
whereas
here
the
Mayor
was
not
present
,
and
Mr.
Recorder
was
no
Officer
to
the
Common-Hall
,
nor
a
Freeman
,
nor
a
Member
of
the
City
.
Most
certain●y
as
this
case
is
,
there
was
no
way
of
Adjourning
the
Common-Hall
,
but
by
the
complyance
of
the
Livery-Men
.
And
if
upon
this
Intimation
they
had
gone
away
,
that
tacite
consent
perhaps
had
been
a
sufficient
Adjournment
or
putting
off
.
But
on
the
contrary
,
all
the
Hall
disagreeing
to
it
,
they
went
on
regularly
;
and
as
regularly
as
ever
they
used
to
or
can
do
.
For
till
last
Midsummer-day
there
never
was
a
Mayor
that
ever
pretended
to
interpose
while
the
Citizens
were
a
Polling
.
If
the
Recorder
had
arrogated
this
to
himself
,
he
must
have
answered
for
it
in
Actions
at
the
Suit
of
the
Persons
that
were
to
be
Elected
,
and
at
the
Suit
of
every
Elector
who
was
disappinted
of
his
Voice
,
or
of
the
fruit
of
his
Voice
,
liable
to
Information
,
Indictment
,
and
Impeachment
,
and
exposed
to
the
contempt
of
all
men
,
especially
of
his
own
Profession
.
This
could
never
be
an
Adjournment
being
not
declared
to
be
either
by
Mayor
or
Recorder
,
nor
intended
,
or
if
it
had
been
intended
and
declared
,
yet
was
impossible
and
void
,
against
the
consent
of
the
Common-Hall
.
It
were
to
study
impossibilities
,
to
go
about
to
advise
or
invent
any
way
,
form
,
or
means
of
adjourning
the
Common-Hall
in
this
case
against
their
consent
.