London and the Kingdom - Volume 3: 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 3: 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
The reason for this sudden change of attitude on the part of the City
is doubtless to be found in a resolution of the House of Lords (17
Feb., 1719) to appoint a committee to examine and report what sums
of money the City had expended out of its own chamber on this and
similar causes, and what jurisdiction the Common Council exercised
over elections of its members. The committee was authorized to carry
its investigations as far back as they deemed proper, and to send for
persons, papers and records. On the 17th April the committee made
its report to the House. The Town Clerk and the City Chamberlain had
attended the committee with the necessary warrants and minutes of
proceedings, and it had been found that a sum of £2,827 10_s._ had
been paid out of the City's cash for carrying on causes and suits at
law relating to the elections of Aldermen and Common Councilmen since
the 8th November, 1711.[39] As regards the claim of the Common Council
to hear and determine matters in connection with elections of its
own members, the committee found that it was based upon a resolution
of the Court of the 9th January, 1641,[40] which resolution had been
disclaimed (with many others) by Act of Common Council of 1683.[41]
[Sidenote: Resolution of the House thereon.]
The report having been read, the House passed a resolution to the
effect that in maintaining suits at law between citizen and citizen
in cases of disputed elections, the Common Council had "abused
their trust, and been guilty of great partiality, and of a gross
mismanagement of the city treasure, and a violation of the freedom of
elections in the city."
[Sidenote: A protest entered.]
So scathing an indictment against the City was not allowed to pass
unchallenged. Sixteen peers entered a vigorous protest on the several
grounds: (1) that no evidence had been taken on oath, and that without
such evidence they conceived that so heavy a censure ought not to be
passed on any individual, much less on so important a body as the
Common Council of the city, which had done good service on pressing
occasions; (2) that the Common Council had not had due notice given
them; (3) that the resolution of the House might be construed as
prejudging matters which might come before the House judicially; and
lastly (4) that had the Common Council been heard they might have shown
that the money had been expended in defence of their ancient rights and
privileges, and in order to prevent any encroachment thereon.[42] That
the dissentient Lords had reason on their side there can be little
doubt. Nevertheless, some writers[43] whilst setting out in full the
committee's report, as well as the returns made by the Chamberlain of
money expended by the City on election suits, and the resolution of the
House thereon, have entirely ignored the fact that a solemn protest
was made against such resolution, and the reasons which urged the
dissentients to make such protest.
[Sidenote: What is "paying Scot?"]
Public-domain text, read in full here on John Shaqi.
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