London and the Kingdom - Volume 2: A History Derived Mainly from the Archives at Guildhall in the Custody of the Corporation of the City of London.Sharpe, Reginald R. (Reginald Robinson)
History
London and the Kingdom - Volume 2: A History Derived Mainly from the Archives at Guildhall in the Custody of the Corporation of the City of London.
Sharpe, Reginald R. (Reginald Robinson)
London (England) -- History
It was not that the mayor and aldermen were not fully conscious of the
mischief arising from their own non-residence in the city, for they
themselves passed an order for every alderman to return with his family
into the city before the following Easter on pain of heavy penalty,(1402)
but they objected to the court of Common Council presuming to dictate to
them.
(M707)
In the meantime the Court of Aldermen had appointed a committee (24 Sept.)
to examine the question of the right of veto, and this committee had
reported (20 Oct.) in favour of the court.(1403) "We find," said the
committee, "that the court of Common Council hath always consisted, and
still it doth, of three distinct degrees of persons, viz., of the lord
mayor in the first place as the chefe magistrate, and secondly of the
aldermen as subordinate magistrates, and thirdly of the commons, or of a
select number of the commons representing all the commoners of the said
city as now is, and for a long time before hath been used." In this
respect the committee proceeded to say, "the Common Councill of the city
doth much resemble the constitution of the Common Council of the kingdom,
and we further find that the order of proceeding in the making of lawes
for the good government of the citty doth imitate the paterne sett them by
the High Court of Parliament, in making lawes for the government of the
nation, in regard that noe ordinance made in the Common Councell of this
city can be a binding law to any without the joint consent and concurrence
of the Lord Mayor, Court of Aldermen and commoners in Common Councell
assembled, they having a joynt power and equal authority in making of
lawes. So that the mayor and aldermen cannot impose upon the commoners,
nor _e converso_; each degree having a power to dissent or assent as to
them seems best."
The committee next pointed out how Bills for the better government of the
city had formerly originated for the most part with the mayor and
aldermen, and had been by them transmitted to the Common Council, where,
after being read in two several courts (and not twice in one court) and
assented to, they became complete acts and binding laws. Such had been the
usual and salient practice. Nevertheless, the committee had found that
sometimes the Common Council had petitioned the Court of Aldermen for
redress of certain grievances and the latter had complied with such
petitions, "and so sometimes Acts of Common Council have been made at the
desire of the lord mayor and aldermen signifyed to the commons by the
Recorder." The conclusion that the committee arrived at was that "the lord
mayor and aldermen have negative votes as the commoners also have, and
contrary to this order of proceeding in making Acts of Common Council wee
cannot find any presedent."
Public-domain text, read in full here on John Shaqi.
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