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 aspirations of the livery were (at least for a time) damped by the
decision given a few weeks later in a case known as "Plumbe's case." It
will be remembered that in 1770 certain livery companies had objected
to the tone of a recent remonstrance, and had in consequence passed
resolutions forbidding their members to attend Common Halls except
for the purpose of elections. A joint committee of the livery and the
Common Council had thereupon been appointed to take counsel's opinion
upon the rights of the livery.[357] Among the counsel consulted on
the question was Glynn, and he and his brethren had given it as their
opinion (June, 1771) that the mayor for the time being might legally
summon a Common Hall; that it was the duty of those livery companies
to whom precepts were sent by the mayor to execute those precepts, and
that a wilful refusal was punishable by disfranchisement, the procedure
being by way of information filed by the common sergeant in the mayor's
court. Informations had accordingly been filed against the masters or
wardens of the several companies of Goldsmiths, Weavers and Grocers by
order of Common Hall,[358] but only one, viz., that against Alderman
Plumbe, of the Goldsmiths, was proceeded with. The question was tried
before a jury on the 14th July of this year (1773) with the result that
Plumbe was convicted and adjudged to be disfranchised.[359]
[Sidenote: Counsel's opinion on the powers of Common Hall.]
The powers of the livery were further defined in a legal opinion
delivered about this time by the Recorder and Common Sergeant on the
questions (1) Whether the lord mayor, aldermen and livery of London
in Common Hall assembled could do any corporate act except under the
powers given them by Acts of Parliament; (2) Whether an order of the
livery in Common Hall to the Town Clerk to affix his signature to such
a document as the last remonstrance would be a sufficient justification
for him in a court of law in case of a criminal prosecution; and
lastly (3) Whether individuals signing such a remonstrance be liable
to a prosecution of libel? To the first two questions counsel made
the following answer;--"From the best information wee can get of the
usage and constitution of the City the Common Hall is not empowered
to do any act strictly corporate not having the direction of the
City Seal. They can do no act that binds the estate of the City or
that effects the admission or removal of any of its members." Then,
referring to the former opinion of the Recorder just mentioned, they
proceeded to say;--"wee did in concurrence with Mr. Solicitor-General
and Mr. Dunning upon consideration give an opinion that a Common Hall
was a lawful assembly vested with legal powers. Wee find that opinion
warranted by Lord Coke's authority, and therefore without more research
and enquiry than can now be made, wee cannot alter our opinion." They
were further of opinion "that no Act of Common Hall can endanger the
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