As the right of voting at the choice of these officers is not confined to the freemen inhabit

Also, if any man incroach or take of the Common Ground of this City.

Also, if any common Way, or common Course of Water, be forclosed or letted, that it may not have its course as it was wont, to the annoyance of the Ward, and by whom it is done.

Ye shall diligently make Search and Enquiry, whether there be any Vintner, Innholder, Ale-housekeeper, or any other Person or Persons whatsoever within this Ward, that do use, or keep in his, her, or their House or Houses, any Measures which be un-sealed, and by law not allowed, to sell Wine, Beer, Ale, or other Liquors thereby, and whether any of them do sell by any Measures not sealed,

Also, if any Person within this Ward do sell any goods. Wares, and Merchandizes by false Scales, Weights, and Measures.

Also, Forasmuch as it is thought that divers and many Persons dwelling within the Liberties of this City, daily occupy as freemen, whereas indeed they be none, nor never were admitted into the Liberties of this city, Ye shall therefore require every such Person dwelling within this Ward whom ye shall suspect of the same, to shew you the Copy of his Freedom, under the Seal of the Office of the Chamberlain of the said City; and such as ye shall find without their copies, or deny to shew their Copies, Ye shall write and present their Names in your Indentures.

Also, if any be dwelling within this Ward which do offer or put to Sale any Wares or Merchandizes in the open Streets or Lanes of this City, or go from House to House to sell the same, commonly called Hawkers.

Also, if any have fraudulently or unduly obtained the Freedom of this City.

ants, so neither is such qualification necessary towards being elected to, and serving the same, but every householder, who is rated to his scot, is liable here to bear his lot, when thus required; excepting that, by an order of the Court of Aldermen dated November 30, 1736, Sir John Thompson, Mayor, there is a caution given to the inhabitants not to choose any victualler or alehouse-keeper into the office of constable.

In order that there may be some rule of

You shall assemble yourselves twice, or oftner (if need require) so long as ye shall continue of this Inquest, and present the Defaults which ye shall find to be committed concerning any of the Articles of your Charge, to the End due Remedy may be speedily applied, and the Offenders punished as Occasion shall require.

And in making your Presentments, your Clerk is carefully to write the Christian-Name, Sir-Name, and Addition or Calling of every Offender, and the Name of the Parish wherein the Offence was committed, and some certain Time how long the Offence hath been continued, in order to the better Prosecution thereof; and also to write in the Margin, on the Side of every Presentment, the Name or Names upon whose Evidence you make such Presentment; and that you set down at the bottom of your Indenture the Names of one or more Persons, either among yourselves or others, whom you shall agree on to prosecute your Presentments.

GOD SAVE THE KING.

All which the said jury are sworn to enquire into and true presentment make,-see Appendix, XX,] Ed.

knowing and ascertaining who have a title to vote at these elections, where the right is left so much at large, it is directed by an act of Common-Council, October 26, 1692, Sir Tho. Stampe, Mayor, "That the beadles of the respective Wards shall prepare and deliver to the Alderman, or person deputed by him at such Wardmote, a list of all the freemen householders dwelling and residing in the said Ward, apart and by themselves; and also a list of the other householders within the said Ward apart and by themselves, to the intent that such freemen householders may elect the Aldermen and Common-Councilmen, and they together with the other householders may choose their constables, scavengers, inquests, and beadles."*

[The act of Common-Council, 1692, was a revertion to the distinctive properties of the Wardmote Court, originating with the institution of the representation by deputies in Common-Council, and the election of such deputies in that Court. Previously to that time the character of the Wardmote had been that of a Court Leet, holden before the Alderman as Steward;-the jurisdiction embracing the qualities and powers of a Saxon Soke. Indeed the charter of Henry I, provided that the Barons and Citizens should have their Sokes in peace; and guests tarrying within any of these Sokes should pay custom to those only to whom the Soke belonged. It is unnecessary here to pursue this interesting subject further than to shew the nature of the jurisdiction and the quality of

It cannot be supposed, that any will offer themselves candidates for such of these offices

the Court. The former has been stated; and the latter upon its Saxon model, was the compulsory attendance of the inhabitants of the Soke, Gild or Ward, (peers of the realm, ecclesiastics and children under the age of 12 years alone excepted) summoned to attend at a certain place on a day named before the Alderman or his deputy, to be admitted into frankpledge, and to do suit and service within the Ward, for all purposes of local government, either as Constable, Scavenger, Questman or in any other capacity which might be required by the Court; and these liabilities and the performance of them constituted the services understood by the term Lot.

In this congregation of the Ward so assembled, the election of the Common-Councilmen was afterwards appointed to take place, not however as a component of the business of that Court, beyond the convenience of the occasion which assembled all the inhabitants as well freemen electors as other frank pledgers of the Ward for their general local purposes. In Liber Albus (chap. Mod. tenend. Wardm.) This distinct character of the Mote is clearly defined; and the Beadle is directed to return to the Alderman at the Court Leet, two lists of the inhabitants of the Ward; one of the freemen by themselves, and the other of the unfreemen by themselves; to the end that the alderman might distinguish which of the inhabitants are free and which are unfree; that among the former only he may proceed to the election of CommonCouncilmen. This was the practice at and some time previously to the reign of Henry V, when the compilation of the work above cited was made; and so it continued until the intermixture of separate interests in one assembly, and the neglect of the proper officers to keep those interests distinct, at first led to the error, of admit

as are merely of burden,* and therefore, upon this supposition, a provision is made in the statute of George I. that whoever refuses, that is, without pleading any privilege by way of excuse, as I observed before, to serve his lot to any of those offices after nomination and election, shall be liable to the disability and forfeiture of his vote at all future elections.

However, as the place of a beadle of a

ting all the assembly (free or not free of the city) to vote in all the business then transacted at the Mote; and the course of time giving colour to a plausible right, obtained confirmation by an Act of Common-Council "concerning elections" passed during the Commonwealth, (4 Nov. 1651,) which at once breaking down all the existing elective institutions, declared the "Inhabitants" without any other qualification, to be the only electors for all purposes as well in Wardmote as in Common Hall. Thus the practice directed by the Act of Common-Council, 1692, which would appear by the text to have been a very recent ordination, was in fact the ancient rule, and that Act merely a restoration of the original right of the citizens from the incroachment of usurpation.-Still however the distinction between freemen and unfreemen in respect of elective rights having been so completely broken down, was never adjusted until by the interference of parliament in the Act of Geo. I.] Ed.

[The author had not contemplated the advent of an amateur; yet late years have produced several, whereof one, after repeated petitions to be re-elected into the Saxon office of Constable, has long been living evidence of the triumph of moral fitness over difficulties, to the accomplishment of presumed destiny.] Ed.