Foreigners.

The Wards.

Aldermen.

in the fourteenth century either by the assent of the Commonalty in the Husting', or presentation by six of his Craft or Mystery, who should stand surety for him. And as the Crafts increased in importance this became the ordinary way of admission. The Charter of Richard II enacted that every person admitted to the freedom of the City should be of a certain Mystery or Craft.

I

The privileges of a freeman included the right to reside within the City walls, to engage in wholesale trade throughout the realm, and by retail in the goods of the Mystery to which he belonged, to enter any town without payment of toll, to be exempt from the jurisdiction of courts without the City except in certain specified cases. By the Charter of Edward III he was also to be exempted from military service outside the City," though this privilege was not retained.

Strangers, whether of English nationality or no, suffered under serious disabilities. They could not deal by retail, nor buy merchandise in the City for re-sale, nor deal with each other in the City.3

The Wards, twenty-four in number, were composed of all other than villeins who, besides paying scot and lot or being householders, had to be members of some Gild, and if strangers to be admitted by apprenticeship and not by redemption. This continued till 1835, when all those who enjoyed the Parliamentary franchise were held to be Freemen.

The Aldermen, since the ordinance of 1402, were nominated for life by the Mayor and existing Aldermen out of four eligible candidates elected by the Wards; the Mayor and existing Aldermen claiming the right to refuse to nominate, and to demand another election, and even to appoint without election. In 1711 the number to be returned was fixed at two, and by 13 Anne (1714) direct election was restored to the Wards. To be eligible the candidate must be 'good and discreet', and have goods to the

I

Originally they were obliged to reside continuously, but by an ordinance of 1365 this was no longer necessary, if they paid scot and lot. Letter Book G, p. 203.

2 Letter Book D, iii; E, xx, and authorities quoted.

3 Letter Book E, pp. 42, 262.

4 Stat. of Richard II; Lib. Albus, 140; Letter Book I, p. 63.

value of £1,000 (9 Ed. IV). By Stat. 9 Anne (1710) the qualifi-
cation was raised to £15,000, and to £30,000 by 2 George III
(1812). In 1831 the Mayor and Aldermen refused to admit
Michael Scales. A long process ensued which was ended in 1839
by the affirmation of the House of Lords of the right of the Mayor
and Aldermen to reject unsuitable candidates, and after three
rejections to nominate themselves.

Until the latter half of the sixteenth century the Aldermen
were always members of one of the twelve Greater Livery
Companies and if not so at the time of election, were transferred
to one. After that date they often belonged to the Lesser Com-
panies, especially in the eighteenth century.

The Aldermen presided over the moot of their Wards. They
tried weights and measures; regulated the Inns; superintended the
cleansing of highways and watercourses in their Wards; kept
the peace and the gates of the City; held views of frank-pledge;
saw that the members of their Wards were assessed to arms,
set the watch, and, on the precept of the Mayor, levied the
Trained Bands of their Wards, these levies being independent of
those raised by the Companies. In the reign of Henry VI they
are sometimes, and more often under the Tudors, Justices of the
Peace, and, as Justices, fixed wages under the Act of Apprentices.
Finally, by the Stat. of 1741 all Aldermen were to be appointed
Justices of the Peace. They were obliged to reside in the City,
unless they got
leave of absence from the Court, and were obliged
to serve, unless they could prove that they had not the necessary
property qualification or were especially excused."

The Court of Aldermen was composed of the Mayor and Alder- The Court men of the year. Of this Court there were two sessions.

of Alder

I. That of the Inner Chamber, which claimed a right of control men. over the acts of the Common Council and of vetoing measures passed there. This right was forbidden during the Commonwealth,

1 Letter Book H, p. 436; I, p. 18; Beaven, Aldermen, vol. i, p. 243.
2 The instances of Stephen Fabyan and John Gedney, Drapers. Letter
Books 1-157; Baddeley, Aldermen, p. 178; Riley's Memorials, p. 603. In
1501 Sir Lawrence Aylmer was dismissed because he was in prison for debt.
Baddeley, p. 183. In 1546 John Sadler was allowed to give up his office on
account of sickness. Baddeley, p. 190.

The Court of Common Council.

Hustings
Court.

Feb. 1649. But it was again claimed after the Restoration, and decided in favour of the Aldermen.' It also had power to punish City officers by fines.

II. That of the Outer Chamber, or Lord Mayor's Court. Though nominally presided over by the Lord Mayor and Aldermen, the Recorder acted as Judge. It had cognizance of all mixed actions, and enjoyed peculiar jurisdiction in cases arising out of the customs of London. It controlled the lower tribunals of the City, and punished by fine, deprivation of freedom, or imprisonment. The Court of Common Council consisted of Aldermen, elected as above, and of Commoners. The Commoners were, by the ordinance of Richard II (1384), to be elected by the Wards, six, four, or two from each Ward according to their size, so long as not more than eight of any one Mystery should be presented. In 1383 ninety-six were elected." The first list we have of a Common Council is in 1437. But it is very imperfect.3

The elections to the Common Council, however, during the fifteenth century were very loosely conducted, and it appears that at times the Alderman of each Ward exercised the right of nominating the members from his Ward. It was not till the end of the sixteenth century that the Wardmoots gained the right of direct election. The elections even then were very irregularly conducted. The numbers of the Common Council varied very much. There were 187 in Edward VI's reign, 208 in 1598. Finally, the Act of 1840 fixed the numbers at 206.*

The Common Council supervised the general administration of the City, authorized the issue of ordinances by the Mayor (its legislative powers were confirmed by 15 Edward III), looked after the public health and education, and managed the estates of the Corporation.5

The Hustings Court was the County Court of London. It was presided over by the Mayor and Sheriffs."

3 Riley, Memorials, p. liii.

Baddeley, Aldermen of Cripplegate, pp. 209 ff.; Letter Book, p. 235.

5 Ibid., p. 220.

6 Cf. Sharpe, Calendar of Wills, i-ii.

1. It heard pleas of land and Common Pleas, and appeals on a writ of error were returnable to the Justices sitting at the Court of St. Martin's le Grand.1

2. Judgement of outlawry was also pronounced in this Court.2

3. Deeds and wills were proved and enrolled there. Members of Parliament were also elected there.3

There were originally two Chamberlains:

The Cham

1. The King's Chamberlain, who was the King's Butler, berlain. and also the City Coroner.

2. The City's Chamberlain.

After 1319 the King's Butler and City Coroner dropped the title of Chamberlain, and there is only one Chamberlain of the City or Guildhall, who is chosen by the Mayor and the Commonalty of the City, as well as the Town Clerk and the Common Serjeants. The Coroner continued to be nominated by the King, till Edward IV granted to the Commonalty the privilege of electing their own Coroner in return for a sum of £7,000. The duties of the Chamberlain were chiefly financial, to look after municipal revenues and expenditure. He also admitted persons to the freedom of the City.

The Sheriffs, two in number, are, says Stow, 'the Mayor's eyes, The Sheriffs. seeing and supporting part of the care which the person of the Mayor is not alone sufficient to bear'. One was nominated by the Mayor, the other elected by the Common Council, assisted by the Masters and Wardens of the Livery Companies and honest men of their Mysteries. In their Courts they had cognizance of civil pleas with appeal to the Hustings Court, and were Sheriffs of Middlesex as well as of the City.

They exercised police authority in the City; held the preliminary inquest of recognition with a jury from the Ward in which the offence had been committed, and, if the offender were not acquitted, presented him for final trial to the Justices sitting

1 Cf. Pulling, Laws and Customs of London, p. 173.

2 Pollock and Maitland, i. 554; Bateson, Borough Custom, pp. 72, 73.

3 Letter Book I, p. 57 note.

4

* Strype's Stow, ed. 1755, V, c. v.

1603.1

5 Letter Book I, pp. 33, 59.

I

The Recorder.

The Mayor.

in the Tower. They arrested offenders and committed them to Newgate to await the next gaol delivery.'

to one.

The Recorder, who must be a lawyer, acted as Assistant to the Mayor, presided over the Mayor's Court, and delivered its sentences. The Mayor was elected3 annually by the Mayor of the past year and the Aldermen from two persons, who had already served as Alderman and Sheriff, presented by the Common Council and the Masters and Wardens of the Greater Livery Companies assisted by men of the Livery of their several companies. By custom the Mayor was always a member of one of the twelve Greater Livery Companies, and if he were not, he was translated Thus in 1626 C. Hackett, a Dyer, in 1669 Sir S. Starling, a Brewer, in 1675 Sir J. Sheldon, a Tallow Chandler, in 1679 Sir R. Clayton, a Scrivener, were translated to the Drapers. In 1649 Andrews, a Leatherseller, was Mayor, but these were revolutionary times. When in 1742 R. Wilmott, a Cooper, was elected, counsel gave opinion that the custom of translation had no legal authority, and since then it has been no longer necessarily observed. The title 'Lord Mayor' is said to date from the Charter of Edward III. But it rests on no official creation, and may be a mistranslation of 'dominus', which often meant no more than 'Sir'. In 1440 we find a mention of 'Domine Mayor' without any name. The earliest instance of the use of the title Lord Mayor is by John Shaw in 1502.6

The Mayor claimed the right to assist the Chief Butler at coronations. The first instance of his acting in this capacity was

1 Letter Book B, vii; D, iv; Riley, Lib. Albus, p. 42.

2 For a list of the Mayors to 1548, cf. Letter Book F, p. 276. It should be compared with the list in Lib. de Antiq. Leg., ii, pt. 1, p. 239, and that in Gregory's Chronicle, Camden Society.

3 The date of election was altered a good many times, but was finally fixed in 1546 for Michaelmas Day, Sept. 29.

The rule that the Mayor must be an Alderman dates from 1435, and that he must have previously served as Sheriff from 1385. In 1675 the Common Council decided that not more than one member of any Craft should be presented.

Riley, Lib. Albus, p. 19; Letter Book I, 34; K, 243, 361.

6 Letter Book G, xxiv. The first use of the title in the Drapers' Books is in 1521. Cf. Rep. 7. 170. It did not become common till somewhat later. Beaven, Aldermen, ii, p. xxviii. 7 Letter Book K, xii, note, and p. 104.