"lawfully be convicted, he obliged himself, his Heirs and Executors, to pay the said Ten Hogsheads."

Of the Election of SHERIFFS.


FOR the Custom of electing Sheriffs, the Maior, Recorder, Aldermen, and Commons being assembled on St. Matthew's Day, in the Manner as is appointed in the Election of Maior; First, the Maior shall choose according to his own Free Will, one discreet Man, Free of the City, to be one of the Sheriffs for the ensuing Year. For whom he will answer the Moiety of the Farm of the City to the King, if he, so chosen by the Maior, be not sufficient. But if the Maior choose by the Counsel and Assent of the Aldermen, they must answer with him. And those Persons that are chosen by the Common Council, for themselves and for the others summoned by the Maior for this Cause (as before is declared) shall choose for the Commons another Sheriff. For whom the whole Commonalty must answer, for the other Moiety of the Farm due to the King, if he be not sufficient.

The Maior first electeth.

Lib. Alb.

If a Controversy arise among the Commons upon the Election, it may be done and discussed in the manner as is contained in the Article of the Common Council.

In case of a Controversy upon an Election.

If any of those chosen refuse, or absent himself, that he be not present at Guildhall the Eve of St. Michael at Ten of the Clock, to take his Charge, then shall be levied of his Goods, Lands, and Tenements, 100l. One Half to the use of the Chamber, the other Half to him that shall then presently be Elected and Charged with the Office on his Default. And if being chosen again the second time he refused the Charge, all his Goods, Lands and Tenements were to be arrested for all the Costs relating to that Office.

In case of Refusal, or Absence, the Penalty.

About the Right of Election of Sheriffs, Matters ran high in the City, at the latter End of King Charles the Second's Reign: the Maior adhering to the ancient Custom of nominating one Sheriff, and the Commons endeavouring to break that Custom, as by the Charter having that Power in themselves to choose both Sheriffs. Which begat great Feuds and Disturbances among the Citizens: And many Pamphlets were printed pro and con upon that Argument. In the Maioralty of Sir John Moore, the Court of Aldermen directed some judicious Persons to consult the Records of the City, what the Custom and Practice had been in former Times. Which, after it was drawn up, the Court required it to be printed by this Order, viz.

Right of Election of Sheriffs, declared.

Thursday, June 25th 1682. and 34 Car. II.
This Court taking notice of divers Papers that have been printed, touching the Usage in choosing the Sheriffs of this City and the County of Middlesex, doth Order, That this Collection which hath been made out of the City Records by Direction of this Court, be forthwith printed, to give Information to the Citizens of this City, touching this Matter.

It was called A brief Collection out of the Records of the City touching Election of Sheriffs of London and Middlesex.

The Collector first sheweth, that the Charters are to the Citizens to choose their Sheriffs: But that by Usage and peculiar By-Laws those Elections were restrained to the Liveries. And that so it had been the Usage from the 21st Year of Edward III. for the Maior to nominate or choose a Person, either in the Common Hall, or, if drunk to before, to present him to the Common Hall.

And he there hath been always confirmed and allowed to be one of the Sheriffs; until the Year 1641. Except in four or five Years between the 21st of Edward III. and the Year 1641. Wherein the Sheriffs were on the Day of Election both nominated by the Commonalty, the Persons chosen by the Maior having before refused the Office, and paid the Forfeiture. And from 1641, during all the Time of the Rebellion, and so to the Year 1663, the Person nominated by the Lord Maior was refused to be confirmed by the Common Hall; but hath been confirmed ever since (except in the Year 1674) to the Year 1680.

The Collector further shewed, that this Privilege of the Lord Maior, was in the City Records several times, said to be according to ancient Customs, Rules and Ordinances of the City.

Custom for the Ld Maior to nominate a Sheriff, from 21 Ed. III.

That indeed 4 Hen. V. in an Act of Common Council then made, it is said, that the Sheriff ought to be freely and indifferently chosen by the more sufficient Citizens, summoned to those Elections. Other Acts of Common Council make particular mention of, or imply the foresaid Privilege. As an Act of Edward the Third's Time, That Citizens absenting themselves on the Day of Election, to avoid the Office of Sheriff, should forfeit 100l. And the Maior every Year to say in his Conscience and by his Oath, if he had chosen any other than he hath chosen, if he had been present, and to name the Person. And the Commonalty in the same manner.

An Act made 7 Rich. II. That St. Matthew's Day shall be the Day of Election of a Sheriff; and when the Commons shall have agreed upon a Person, they shall present him to the Maior and Aldermen.

An Act made 19 Hen. VIII. That if any Citizen happened to be Named or Elected, as well by the Maior According to his ancient Prerogative, as by the Commonalty on the 2d of September, and take not the Office, he shall Forfeit, &c.

An Act made 30 Hen. VIII. That the Election of Sheriffs for the Commonalty, shall be had and used on the Day of St. Peter ad Vincula; Provided, the Maior shall not at any time before Lammas, Name and Elect one of the Sheriffs, at his Pleasure.

An Act made 13 Eliz. That if any Citizen happen to be chosen Sheriff, either by the Maior, or else by the Commons, at Times and Places appointed, &c. and appear not to take upon him the Office, he shall Forfeit, &c.

An Act the 24th of the same Queen: Whereby the 1st of August is appointed for Confirmation, Allowance and Election of the Persons to be named Sheriffs by the Lord Maior, according to ancient Usage: And for the Election of another by the Lord Maior and Commons. If the Person to be named by the Maior shall before the 1st of August refuse to take upon him the Office, or decease; or that new Nomination shall need to be made, it shall be lawful for the Lord Maior, before the 1st of August, to make a new Nomination, or Nomination, as hath been accustomed.

An Act 36 Eliz. and the same also is repeated 7 Car. I. differing only in the Penalties; which are made greater by this of 7 Car. I. This repealeth all former Acts touching Election and Confirmation of Sheriffs: And constituteth the Day, as well for Confirmation and Allowance of such Persons, as shall be Chosen and Elected by the Lord Maior to be Sheriffs, as for the Choice of such other Person as by the Lord Maior, Aldermen and Commons shall be chosen to be Sheriff, to be the 24th of June. And thereby it is Enacted, That if any Person so Chosen and Elected, do not before the next Court of Aldermen enter into Bond to take upon him the Office, he shall forfeit 400l. And that if any Forfeiture shall be made by an Person to