Two days afterwards Rich and North were sworn in as Sheriffs, the Guildhall being guarded by the trained bands. It was ominous of the feeling in the City that the Mercers’ Company, to which North belonged, refused to pay him the common compliment of going with him to the Guildhall on entering upon office.
So far the Court had won. They now had the Lord Mayor and the Sheriffs; the next thing was to secure the successor to the Mayoralty.
This was done, apparently, by making a false return of the votes. Four Aldermen were put up. The Poll placed first and second on the list Gold and Cornish, both belonging to the popular side. A scrutiny was made by the Court of Aldermen (October 24) that maintained this result, but the Mayor, on the 25th, brought in a result which put Pritchard, a man of the Court party, at the head of the list. It is true that the first difference between Gold and Pritchard was only 56, so that a very little manipulation was required.
In order to obtain a Royalist Common Council, Charles ordered that none should be elected who had not conformed to the Corporation Act.
In February 1683 the hearing of the Quo Warranto case came on. The points at issue have already been detailed. The pleadings in the case may be found in Maitland.
The following judgment was pronounced by Mr. Justice Jones on June 12:—
“That a city might forfeit its Charter; that the Malversations of the Common Council were the Acts of the whole City; and that the two Points set forth in the Pleadings were just grounds for the forfeiting of a Charter. Upon which Premises the proper Conclusion seemed to be, That therefore the City of London had forfeited their Charter.”
The Attorney-General moved that the judgment might not be recorded. After this judgment the City was greatly astonished and perplexed. The popular party wanted to enter the judgment and to leave the King to do what he pleased. The Court party were for absolute surrender of their liberties and submission to the King. Maitland gives in full a paper which was circulated at that time, showing what would be lost if the City surrendered its Charter:—
“There being so great a Murmur, and so much discourse, that the Charter of this City of London is to be made forfeit, or else surrendered by a Common Council, ’tis fit for every member of this City to understand, that the Meaning or Intent of such a Forfeiture or Surrender, is to dissolve the Body Corporate or Politic of the City, to spoil it irrecoverably of all its antient Government, Laws, Customs and Rights, which have been its glory throughout Europe near two thousand Years, to bring it into the same State with the Country Villages, only capable to be created a new Body politick by the Grace and Favour of his Majesty, and to obtain such Privileges as the Crown can grant, which are infinitely inferior to the Customs, Franchises, Rights and Government it now holds by the Laws and Statutes of the Kingdom.
If then there be any Danger either of a Forfeiture or Surrender of this City’s Charter, every Member of it is concerned, not only in Interest, but in Duty, to contribute what Assistance he can to perserve and secure it.
For that Purpose every Citizen upon taking his Freedom is sworn to maintain the Franchise and customs of the City, and to keep the City harmless, to his Power; and whatsoever Citizen shall openly attempt, or privately contrive, the Destruction of the Corporation, its Customs, or Franchises, betrays the Community, and violates his said oath, from which no Power on Earth can absolve.”
The writer then enumerates all the rights, privileges, and possessions which the City would lose, never to regain them again, and concludes:—