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place, or office; and that his estates, goods, and chattels, should be forfeited. *

Such was the manner in which the Court treated their opponents in a country where the violence of their supporters enabled them to commit any kind of offence against justice. In England, the vengeance of the Court against the Whig leaders was still retarded by the in- fluence which they maintained in the city. It was found that the proceedings in the case of quo warranto being embarrassed by legal forms, would occasion considerable delay. A shorter way to the same object was perceived by electing sheriffs against the will of the citizens.

It had been an ancient custom for the Lord Mayor to name one of the sheriffs for the ensuing year, by drinking to him, and this nomi

*It is curious to remark the reasons which are given in the Life of James, supported in this instance by reference to their letters, for the conduct of the King and the Duke in this affair. The Duke refuses the intercession of the Duke of Lauderdale, because "he would not be diverted, to make friends to himself, from pursuing the King's interest, wherever he thought it concerned." The King, on the other hand, thought fit to issue out a proclamation for apprehending my Lord Argyle, that if it missed his person, it might convince the world, at least, he was satisfied with the Duke's management, and silence, thereby, the discourses industriously spread abroad, as if he had been prosecuted more out of a pique by the Duke, than by reason of any guilt to the King." What an affecting picture of brotherly love!

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nation was generally confirmed by the livery. But the letter of the charter, and various precedents, demonstrate, beyond all doubt, that the right of election resided in the citizens at large, and that the choice allowed to the Lord Mayor was only a matter of courtesy between the city and its chief magistrate. The Court, however, made use of this custom as an engine to impose, not only one, but both sheriffs of their own party. Sir John Moore, the Lord Mayor, a very weak man, was prevailed upon to drink to Mr. Dudley North, a Turkey merchant. The Whigs having pitched upon Mr. Papillion and Mr. Dubois for sheriffs, assembled in great numbers on the day of election, and were clamorous for a poll. The Lord Mayor, insisting on his right to choose one of the sheriffs, by drinking to him, would not proceed to an election, but adjourned the court. And here the sheriffs of the year, Mr. Shute and Mr. Pilkington, were guilty of a great irregularity. For they still held on the court, and began a poll. Upon which some confusion ensued, and the next day the Lord Mayor complained of the sheriffs for a riot, and they were committed to the Tower.

After another irregular poll, the election of the sheriffs at last took place, on the 15th of July, when the Lord Mayor insisted that North was already chosen, and would only poll for

three, Papillion, Dubois, and Box, the court candidate. The sheriffs, on the other hand, opened the poll for all four. At the close of the poll the sheriffs came forward and declared the numbers to stand thus:

Papillion

Dubois

Box

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2482

2481

173

107

2414

North

And against confirmation

The Lord Mayor, on the other hand, declared that Papillion and Dubois had but 60, and Box 1244. The Lord Mayor declared Box to be the other sheriff, and the sheriffs declared Papillion and Dubois. Box having fined off, another election took place on the 19th of September, when a Mr. Rich being put up, there was such a noise of No Rich, that nothing could be heard. Upon which the sheriffs granted a poll, and the majority again appeared for Papillion and Dubois. But the Lord Mayor, whilst the poll was adjourned, came forward and declared Mr. Rich duly elected. On the 29th of September, Mr. North and Mr. Rich, the one chosen by an unlawful mode, and the other by open violence, were sworn, and took possession of their offices. The Court soon had an opportunity of making use of their new power. The Duke of York was, about this time, recalled from Scotland, chiefly

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for the purpose of making an arrangement of his revenue, by which the Duchess of Portsmouth was to receive 5000l. a year out of the postoffice. "All this while," says James, in his memoirs, speaking of himself, "the Duke knew very well his revenue was so settled, that nothing but an act of parliament could alienate any part of it; which he took care not to mention to any living soul, lest that might have made the King lay the thoughts of it aside, or made her solicit for a Parliament, which would have given that project a mischievous turn, and done him hurt instead of good." Soon after his return, Pilkington, formerly sheriff, being accused of saying, on a report that the Duke intended to leave Scotland, "He has already burned the city; he is now coming to cut all our throats," was convicted and sentenced to pay 100,0001. damages. A fine, extending to the ruin of the criminal, and directly contrary to the spirit of our laws. Sir Patience Ward, formerly mayor, having given evidence that he did not hear the words spoken by Pilkington, was condemned to the pillory for perjury.

*

The election of the sheriffs seemed to complete the victory of the throne over the people.

* In the Life of James, this trial is placed in May 1683, instead of which, it ought to be Nov. 24, 1682. N. Luttrell's Diary.

It was evident, from the past conduct of the Court, that they would now select whom they pleased for condemnation.

Lord Russell received the news with the regret which, in a person of his temper, it was most likely to produce. Lord Shaftesbury, on the other hand, who was provoked at the apathy of his party, received with joy the news of the appointment of the sheriffs, thinking that his London friends, seeing their necks in danger, would join with him in raising an insurrection. He hoped, at first, to make use of the names of the Duke of Monmouth and Lord Russell, to catch the idle and unwary, by the respect paid to their characters; but when he found them too cautious to compromise themselves, he endeavoured to ruin their credit with the citizens, He said that the Duke of Monmouth was a tool of the Court; that Lord Essex had also made his bargain, and was to go to Ireland; and that, between them, Lord Russell was deceived, * It is a strong testimony to the real worth of Lord Russell, that, when he made himself obnoxious, either to the Court or to the more violent of his own party, the only charge they ever brought against him was, that of being deceived,

* Burnet.

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