Commune Concilium tent' in Camera Guihald' Civitat LONDON, vicesimo die Julii, Annoque Regni Dom nostri CAROLI nunc Regis Angliae, &c. Septimo, Coram Roberto Ducy, Mil' & Baronet Majore Civitat' London, Thoma Middleton, Mil' & Aldermanno Civitat' London, Nicholao Rainton, Radalpho Freeman, Thoma Moulston, Rowlando Haylin, Roberto Parkhurst, Johan' Poole, Chr. Cletherow, Ricard Penn, Mauritio Abbot, Mil' & Alderman', Henrico Garway, Rowlando Back­house Aldermannis; Willielmo Action Mil', & Baronetto, ac Aldermanno, Humphrido Smith & Edmundo Wright, ejusdem Civitatis Aldermannis; Anthony Abdy & Ro­berto Cambel, ejusdem Civitat' Vicecom', ac major' parte Communiar' de Communi Concilio ejusdem Civitat' assemblat', ubi tune & ibidem Enactitat' fuit, prout se­quitur.

WHereas an Act of Council made the Fifth Day of May in the Thirty fourth Year of the Reign of our late Sove­reign Lady Queen Elizabeth, of England, &c. in the time of the Mayoralty of Sir William Webb, Kt. deceased; one Act was made and ordained, for, touching and concerning the Choice, Election and Confirmation of the She­riffs of this City, and the County of Middlesex. And whereas also divers other Acts of Com­mon Council have been made touching the same, Be it therefore Enacted by the Lord Mayor, Aldermen and Common Council of this City, That the said Act made the said Fifth Day of May in the Four and thirtieth Year afore­said, and all other the said Acts made touch­ing or concerning the Choice, Election and Confirmation of the Sheriffs of this City and County of Middlesex, shall be void and of none ef­fect, [Page 2] for that the same Laws have not taken so good Effect as might be wished, by reason that the Penalties and Forfeitures therein con­tained, have been over-mild, and thereby His Majesties Service have been in Danger of Prejudice, and the good Citizens of this City, by reason of often Refusal of the said Office of Shrievalty have been much troubled and dis­quieted; For better Reformation whereof, Be it now therefore Enacttd, Ordained and Esta­blished by the Lord Mayor, and Aldermen and Commons in this Common Council Assembled, and by the Authority of the same, That from henceforth for ever the Day as well for Con­firmation and Allowance of such Persons as hereafter shall be Chosen and Elected by the Lord Mayor of this City for the time being, to be Sheriffs of the said City and County of Middlesex; as also for the Choice and Electi­on of such other Persons as by the Lord Mayor, Aldermen and Commons shall be Cho­sen to be Sheriffs of the said City and Coun­ty of Middlesex, shall be yearly holden on the Four and twentieth Day of June; And if it shall happen by the Death or Refusal of any of the said Person or Persons so to be Chosen or Elected, as aforesaid, or by the Death of any Shreive of this City, Departing in the time of his Shrievalty, or upon any other Occasion whatsoever, there shall be just Cause to make a New Election; then the same shall from time to time be at such Day and Time, as by the Court of Lord Mayor and Aldermen for the time being, shall be Ordered and Appoint­ed; And that no Freeman of the said City, so [Page 3] to be Chosen or Elected, as is aforesaid, shall be Discharged or Exempted from the Execution of the said Office of Shrievalty by Supposition or Excuse of Defect, or Insufficiency of Wealth, except he will voluntarily take his Corporal Oath before the Lord Mayor and greater part of the Aldermen, in open Court of the Lord Mayor and Aldermen for the time being, That he then is not of the Value of Ten Thousand Pounds in Lands. Goods and sperate Debts, and do like­wise bring with him Six other Citizens, Free­men of the same City, of good Credit and Re­putation, such as the Court of Lord Mayor and Aldermen for the time being, shall allow, who shall likewise voluntarily testifie upon their corporal Oaths, That in their Consciences they believe, that the said Person so to be chosen or e­lected Sheriff, hath Deposed and Sworn truly concerning his Value, as is aforesaid: And it is likewise Ordained and Enacted by the same Authority, That if any Person, being a Free­man of this City shall be Chosen or Elected Sheriff of the same City and County of Middle­sex, and Publication thereof by open Proclamati­on being made in the Guildhall in the place where the Court of Hustings is usually holden in the Presence of the Lord Mayor and Six Aldermen for the time being (at the least) or in the Absence of the said Lord Mayor, then in the Presence of Eight Aldermen of the said Ci­ty for the time being (at the least). And being called to come forth and give his Consent to take the said Office of Shrievalty upon him, shall not personally appear before the Lord Mayor and Court of Aldermen for the time [Page 4] being, in the Inner Chamber of the Guild-hall a­foresaid, at the next Court there to be holden (unless he have such reasonable Excuse as the Lord Mayor and greater part of the Aldermen for the time being, shall in open Court allow) and then and there become bounden to the Chamberlain of the same City, for the time being, and his Successors by his Deed Obligatory, in the Sum of One thousand Pounds, with Con­dition. That if he shall personally appear in the Publick Assembly in the Guild-hall of the same City on the Vigil of St. Michael the Arch-Angel then next following at the Time in that behalf accustomed, and then and there take upon him the Office and Charge of Shrievalty of the said City and County, That then the said Obli­gation shall be void; Or if such Person so to be chosen or elected, shall, before the Lord Mayor and Court of Aldermen openly declare his Refu­sal to take upon him the said Office, Then eve­ry such Person which shall make such Default in Appearance, by which shall not become boun­den, or which shall declare his Refusal, as afore­said, shall Forfeit the Sum of Four Hundred Pounds of Lawful Money of England to the Mayor and Commonalty of the same City, to be Im­ployed to the Vses hereafter declared and ex­pressed, unless he shall be duly discharged of the said Office of Shrievalty, for Want or Defect of Ability in Wealth, upon Oath taken, as is aforesaid. Provided nevertheless, and Be it Enacted, Ordained and Established by the Au­thority aforesaid, (any thing in this Act to the contrary notwithstanding) That if the Person so to be chosen or elected, and making Default [Page 5] in appearing, or denying to become Bounden, or that shall declare his Refusal, as aforesaid, shall be an Alderman of this City at the time of his Choice or Election, then every such Alder­man so to be chosen or elected, shall Forfeit the Sum of Six hundred Marks, of Lawful Money of England, to the Mayor and Commonalty of the same City, to be imployed to the Vses hereafter in this Act Declared and Expressed. All which Forfeitures or Penalties shall be recovered by Action, or Bill of Debt Original, to be commen­ced and prosecuted in any the Courts of Record of the King's Majesty, or His Heirs and Suc­cessors, within the said City; And that the same Person or Persons so Offending, or Refusing, after such Forfeiture, shall nevertheless remain Eligible yearly afterward to be Sheriff of the said City and County, as if he or they had never been before Chosen or Elected to the said Office. Provided also, and it is likewise Enacted and Declared, touching the Vses and Imployment of the said Forfeitures, That if any such De­fault or Forfeiture shall be made, as aforesaid, by any Person that shall first in any Year be Chosen or Elected by the Lord Mayor for the time being, to be Shrieve of the City of London, and County of Middlesex, That then One hundred Pounds, parcel of such Forfeitures, shall be given and bestowed upon such Person as shall first in the same Year accept to take upon him the said Of­fice of Shrievalty: And if it shall happen after such Acceptation of the said Office, any other Forfeiture by Default or Refusal shall be made in the same Year by any person that shall be Chosen or Elected by the Lord Mayor, Aldermen [Page 6] and Commons, for the time being, to be She­riff of the said City and County of Middlesex, That then One hundred Pounds parcel of such For­feiture shall be given and bestowed upon such o­ther Person as shall first after such Forfeiture in the same Year accept and take upon him the said Office of Shrievalty, being thereunto Elected and Chosen by the Lord Mayor, Aldermen and Commons of the same City; And that all the Residue of the same Forfeitures, and all other Forfeitures and Penalties for Refusal, or ma­king Default to appear, denying to become Bound, or declaring Refusal to take the said Of­fice of Shrievalty, as is aforesaid, shall be whol­ly and intirely Vsed and Imployed to the only Vse and Behalf of the Mayor, and Commonalty and Citizens of the said City; any Act, Law, or Ordinance to the contrary in any wise notwith­standing. And be it further Enacted by the Au­thority aforesaid, That if any Freeman of this City, which shall incur any Penalty or Forfei­ture before declared, by Force of this Act, shall not within Three Months next after such For­feiture incurred, well and truly pay unto the Chamberlain of the said City, for the time being, all such Penalties and Forfeitures to such Vses as in this Act is appointed and declared, That then every such Person failing of such Payment, shall, over and above the said Penalties and For­feitures before declared, Forfeit and Lose the Sum of One hundred Pounds more to the Vse of the said Mayor and Commonalty, to be Reco­vered in Form abovesaid. And to the intent that no Alderman of this City shall, in respect of Posteriority of Choice or Election to the said [Page 7] Office of Shrievalty, be inferiour in Antiency or Preheminence to any Commoner, and for other good Considerations: It is therefore En­acted, That the Lord Mayor of the said City for the time being, shall not at any time hereafter choose or elect any Commoner of this City to be Sheriff of this City of London, and of the County of Middlesex, so long as there shall then be an Alderman of this City Eligible to the said Office; Any former Law, Custom, Vsage, or other Matter whatsoever to the contrary notwith­standing. And to the intent that the Court of Lord Mayor and Aldermen of this City for the time being, shall not be burdened or charged with any Vnkindness, nor pestered with Impor­tunate Suits. if they shall refuse to relieve such Persons as shall make Default, or deny to be­come Bound, or refuse to Accept of the said Of­fice of Shrievalty, as is aforesaid. And for other good Confiderations, it is likewise De­clared and Enacted, That the Court of Lord Mayor and Aldermen of this City for the time being have not, nor shall have Power nor Au­thority in any case, without the Assent of the Commoners in publick Common Council of this City first had and obtained, to Dispense with, Remit or Abate any of the said Forfeitures, or any part thereof. which at any time hereafter shall happen or grow Due by Force of this Act; nor to give Respite of Payment thereof, or of any part thereof, above the Term of One Year at the most; nor to give any Restraint or De­lay of Suit to be commenced and prosecuted for Recovery thereof.

Commune Concilium tent' in Camera Guihald' Civitat' LONDON, die Veneris decimo quinto die Junij 1694. Anno (que) Regni Dom' Willielmi & Dom' Mariae nunc Regis & Reginae, Angl', &c. Sexto, Coram Will' Ash­hurst Mil' Major' dictae Civitatis, Roberto Clayton Mil'. Patienc' Ward Mil', Will' Pritchard Mil', Roberto Jeffreys Mil', Thoma Lane Mil', Edvardo Clark Mil', Francisco Child Mil', Richardo Levett Mil', Thoma Cook Mil' Alderman', & Thoma Abney Mil', & VVill' Hedges Mil' Vic' & Alderman' dict' Civitat', nec non major' parte Communiar' dictae Civitat' in eodem Communi Concilio tunc & ibidem assemblat'.

WHereas by a Clause in an Act of Common Council made the Twentieth Day of July, in the Seventh Year of the Reign of King CHARLES the First, in the Majoralty of Sir Robert Ducy, It was amongst other things Enacted in the Words following, That the Lord Mayor of this City, for the time being, shall not at any time here­after choose or elect any Commoner of this City to be Sheriff of the City of London, and of the County of Middlesex, so long as there shall then be an Alderman of the City Eligible to the said Office.

Which said Clause, in respect of Accidents or Circumstances, may not at all times be conve­nient to be practised.

And whereas by another Clause in an Act of Common Council, made the Sixth Day of June, in the Thirty fifth Year of King Charles the Second, in the Mayoralty of Sir William Pritchard, Knight; It was amongst other things Enacted in the Words following, That the [Page 9] Person who shall be Nominated and Elected according to ancient Vsage by the Lord Mayor of this City, for the time being, to be one of the Sheriffs of the City of London, and County of Middlesex, and such Election shall be declared to the Commons of the said City assembled in Com­mon Hall upon the Twenty fourth day of June, shall there by the said Commons be confirmed and allowed to be one of the Sheriffs of the said City and County accordingly: And that upon proposing the said Person to be confirmed to the said Common Hall, in case any Hands shall be holden up in token of Confirmation, the said Person shall be taken to be confirmed and allow­ed, and then another Person shall be chosen by majority of Hands to be the other of the said Sheriffs, and to joyn with him that shall be so confirmed.

Which said Clause being not only repugnant to Reason, but contrary to the Rules and Me­thods of Elections:

Be it therefore Enacted by the Mayor, Alder­men and Commons in Common Council As­sembled, and by the Authority of the same, That the said several Clauses before-recited, and either of them, and every Article and Thing contained in them, or either of them, shall be, and are hereby Repealed, Annulled and made Void.

And whereas by several Acts of Common Council, the Election of Sheriffs, Chamber­lain, Bridgmasters and Auditors of the Cham­berlain and Bridghouse-Accounts, and Alecon­ners, are appointed on Midsummer-day yearly, except the Sheriff or Sheriffs, Chamberlain, or [Page 10] other of the said Officers, for the time being, shall die, or for just Cause be removed: And whereas in some years (as in this present year) Midsummer-day happeneth to fall on the Lords Day, commonly called Sunday, which ought to be kept holy, and is a necessary and required part of the Service of God, and enjoyned by the Laws and Statutes of this Realm;

Be it therefore Enacted and Declared, That from henceforth, whensoever Midsummer-day shall happen to be on the Lords Day, commonly cal­led Sunday, That the Election of the Sheriffs, Chamberlain, Bridgmasters, Auditors of the Chamberlain and Bridghouse-Accounts, and Aleconners shall be on the Day next following, any Act or Acts, or any other Vsage to the con­trary notwithstanding.