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six regiments of auxiliaries, whilst the lord mayor, aldermen, and common council, voted by voluntary subscription, to raise a large regiment of horse, and one thousand dragoons, who were to be maintained at their expence for six months, or as long as occasion required. But the rumour of invasion, in this, as in other instances, proving mere French gasconade, the citizens were not put to a trial of their wonted courage; however, the city trained bands, amounting to ten thousand, marched in review, before the queen, in Hyde Park, in 1692, fully determined to repel every attack of despotism against their government, their religion, and their

country.

This conduct was not expressed by mere words and parade, but, as a further demonstration of sincere attachment to the glorious Revolution, which had so happily taken place; for an act of common council was passed, by which the city voted an advance to the queen, amounting to two hundred thousand pounds.

But though all hearts were united in the cause of life, liberty, and property; several disputes arose in the corporation, concerning the mode of nomination, and the election of the magistracy. To make it necessary, therefore, that future differences should be avoided, it was enacted in common council," that none but freemen, being householders, paying scot and bearing lot, and none other whatsoever, should have the right or privilege to nominate aldermen, and elect common council-men."

A cause was tried in the King's Bench, this year, upon the following circumstances: By the Statute of the nineteenth of Charles the Second, for rebuilding the city of London, it is enacted, "That no building or house shall be erected within the limits of the city, but such as shall be pursuant to the scantlings mentioned in the said act; and if any person shall do contrary, being convicted upon the oaths of two witnesses, then the house so built shall be deemed a common nuisance, &c." And it is further enacted, "That all differences arising between builders, concerning placing and

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stopping up lights, shall be heard and determined by the alderman of the ward; and if he is party, or cannot determine it, then by the mayor and court of aldermen."

Mr. Carter was possessed of a house in Three King Court, in Fenchurch Street, and Mr. Firmin, had a house contiguous; there was a party-wall set between these houses by the city surveyor, and both had been built upwards of twenty years but Mr. Carter insisting upon erecting a stable on a void piece of ground, hitherto without buildings, a complaint was made to the court of aldermen, who deputed two city surveyors, to view the premises; upon whose report the court prohibited any further procedure, till the right should be determined.

Mr. Carter upon this moved a prohibition from the court of King's Bench to the court of aldermen, upon the allegation, "That they had no jurisdiction in this case: for their houses were built twenty years preceding, according to the rules of the act; that the authority of that court was limited to the building of houses upon the foundations of those which were destroyed by the fire, and did not extend to such persons who built upon new foundations: so that the houses being built, their jurisdiction was determined; it was temporary only, and ought not to be continued afterwards the court was also of this opinion, and therefore inclined to grant the motion.

But upon re-hearing the suit on another day, the court observed, "that there might be a custom in the city to regulate lights, and for the uniformity of buildings, but not to determine mens rights."

The attorney-general however insisted, "That the city surveyors were officers as antient as any recorded in the books of the corporation; that their oath was in the book of oaths, which was likewise a very antient book; that these officers had in all times past been appointed to make particular reports to the court of aldermen, to which the parties concerned had always complied; and that it would be very inconvenient if a prohibition should go contrary to such an

antient custom.

It was therefore ordered, "That the plaintiff should declare upon a prohibition; and that the defendant might, if he saw cause, plcad this custom, so that the court might be apprized of the matter." Nothing more of this business is mentioned in the law reports, we therefore conclude that Mr. Carter forbore any further proceedings against an antient custom of the city.

A most important subject was discussed in 1694; and a scene of peculation and bribery disclosed, which created the greatest disgust, and brought down deserved punishment on the guilty.

During the corrupt reign of Charles II. when men of virtue and probity were constantly endangered either in life or estate, it had been a constant custom to maintain pensioners in the highest seats of government; and it was no wonder ful thing for senators to sell their consciences for the most paltry considerations. It is upon record, that the enormous sum of 252,4671. of the public money had been squandered among these mercenaries in less than three years; and houses of corruption were kept constantly open even at the foot of Parliament Stairs. Packed majorities were the consequence; the ruin of the country succeeded; and a Revolution in the persons who composed the legislature was the only medium to restore the nation to its wonted vigour and tranquillity. The king, however, was a foreigner; and it could not be conceived that he was sufficiently acquainted with the jurisprudence of the country to attempt the more minute reformations, which the several branches of that jurisprudence required; it was a circumstance of remote import, that brought about, what probably might have remained much longer in the obscurity of corruption :

Some of the inhabitants of Royston, in Hertfordshire, having been very much distressed by exactions, and the various abuses of the officers and soldiery in the collecting subsistence money, caused a petition to be presented to the House of Commons; when, after the examination of all the parties, the house resolved, "That the officers and soldiers of the army demanding and exacting subsistence money, is

arbitrary

arbitrary and illegal, and a great violation of the rights and liberties of the subject."

The house followed up this resolution with the most prompt and effective measures; it was ordered, "That the Commissioners for taking and stating the Public Accounts, do lay before the house, their observations of the abuses and ill practices committed by the agents of the regiments of the army, and that Pauncefort, one of those agents, should forthwith lay before the house, a particular account of the monies received by him, and how he paid the same, and to whom; and what remained in his hands."

Upon bringing in his account, and being examined on January 28th, it was (upon the consideration and observations of the Commissioners for taking and stating the Public Accounts) resolved by the house, "That the said agent for neglecting to pay the subsistence money to the officers and soldiers that quartered at Royston, having monies in his hands to do the same, be taken into the custody of the serjeant at arms attending the house." And afterwards, upon the 12th of February, he being again examined, and refusing to answer to several questions, though required, upon pain of being proceeded against with the utmost rigour and severity, it was resolved, “That by his obstinate refusal to answer to a matter of fact, he had violated the privilege and contemned the authority of the house, and the fundamental constitution thereof, and for so doing he was committed prisoner to the Tower."

Mr. Edward Pauncefort being also summoned and examined upon the 16th of February, he was taken into the custody of the serjeant at arms, for contriving to cheat colonel Hastings's regiment of five hundred guineas, and for giving a bribe of two hundred guineas.

Mr. Henry Guy, a member of the house, the same day, was also committed to the Tower, for taking a bribe of two hundred guineas.

And upon the 7th of March, Mr. James Craggs (one of the contractors for the cloathing of the army) having refused to produce his books, and to be examined before the Com

missioners

missioners for taking and stating the Public Accounts; and being called into the house, and persisting in his refusal, it was resolved, "That he be committed to the Tower, for refusing to produce his books of account, thereby obstructing the inquiry of the house into the disposal of the public monies."

The disclosure of such notorious abuses of the officers and their agents, urged the house to present an humble representation to the king, to lay before his majesty the griev ance of raising money under pretence of subsistence, in which it was thus stated:

"This is in a great measure occasioned by the undue practices of some of the agents and officers, the particulars of which we beg leave to lay before your majesty, in order to the more effectual preventing the like miscarriages for the future.

"Some of the agents amongst other ill practices, have detained the money due to the soldiers, in their hands, and made use of it for their own advantage, instead of immediately applying it to the subsistence of the officers and soldiers to whom they were entrusted.

2. "Their intolerable exactions and great extortions upon the officers and soldiers for paying money by way of advance; their charging more for the discount of tallies than they actually paid; by which fraudulent imposing upon those who serve in your majesty's armies, it appeareth, that notwithstanding they have a greater pay than is given in any other part of the world, they are yet reduced to inconveniencies and extremities which ought not to be put upon those who venture their lives for the honor and safety of the nation.

3. "In particular, colonel Hastings hath compelled some officers of his regiment to take their cloaths from him at extravagant rates, by confining and threatening those who would not comply therewith, by which the authority that may be necessary to be lodged in the colonel over the inferior officers, in some cases is misapplied and extended so as to promote a private advantage of his own, without any regard to your majesty's service, or to discipline of the army. 4. Colonel

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