9.Small offences are punished by the justices in or out of sessions, by whom the offender is sentenced to be whipped, imprisoned, or kept to hard labour; but for the trial of capital offences, a commission of Oyer and Terminer and jail delivery issues eight times every year, i.e., before and after every term, directed to the Lord Mayor, Recorder, some of the twelve judges, and others whom the Crown is pleased to assign.These commissioners sit at Justice Hall in the Old Bailey, and bills of indictment having been found by the grand juries of London or Middlesex, containing the prisoner's accusation, a petty jury, consisting of twelve substantial citizens is empanelled for the trial of each of them;for, as to the grand jury, they only consider whether there is such a probability of the prisoner's guilt as to put him upon making his defence, and this is determined by a majority of the grand jury:
but the petty jury, who pass upon the prisoner's life and death, must all agree in their verdict, or he cannot be convicted.But though the petty jury judge of the fact, i.e., what the crime is, or whether it was committed by the prisoner or not, the commissioners or judges declare what are the punishments appropriated to the several species of crimes, and pronounce judgment accordingly on the offender.In high treason they sentence the criminal to be drawn upon a hurdle to the place of execution, there to be hanged and quartered.In murder, robbery, and other felonies, which are excluded the benefit of the clergy, the criminal is sentenced to be hanged till he is dead.And for crimes within the benefit of the clergy, the offender is burnt in the hand or transported, at the discretion of the court.And for petty larceny, i.e., where the offender is found guilty of theft under the value of twelve pence, he is sentenced to be whipped.But a report being made to His Majesty by the Recorder, of the circumstances with which the several capital offences were attended, and what may be urged either in aggravation or mitigation of them, the respective criminals are either pardoned or executed according to His Majesty's pleasure.
But I should have remembered, that the sentence against a woman, either for high or petty treason, is to be burnt alive.I shall now give some account of the election of the Lord Mayor, Sheriffs, &c., who are chosen by a majority of the liverymen.
The Lord Mayor is elected on Michaelmas Day (from among the aldermen, by the liverymen of the City, who return two aldermen that have served sheriffs to the Court of Aldermen for their acceptance, who generally declare the first upon the liverymen's roll to be Lord-Mayor) sworn at Guildhall on Simon and Jude, and before the barons of the Exchequer at Westminster the day following.
The Lord Mayor appears abroad in very great state at all times, being clothed in scarlet robes, or purple richly furred, according to the season of the year, with a hood of black velvet, and a golden chain or collar of S.S.about his neck, and a rich jewel pendant thereon, his officers walking before and on both sides, his train held up, and the City sword and mace borne before him.He keeps open house during his mayoralty, and the sword-bearer is allowed 1,000 pounds for his table.The Lord Mayor usually goes to St.
Paul's, attended by the aldermen in their gowns, and his officers, every Sunday morning; but especially the first Sunday in term-time, where he meets the twelve judges and invites them to dinner after divine service is ended.
The sheriffs are chosen into their office on Midsummer day annually by the liverymen also; to which end the Lord Mayor, aldermen, and sheriffs meet in the council-chamber at Guildhall, about eight in the morning, and coming down afterwards into the Court of Hustings, the recorder declares to the livery men assembled in the hall that this is the day prescribed for the election of these magistrates for the year ensuing: then the Court of Aldermen go up to the Lord Mayor's Court till the sheriffs are chosen; the old sheriffs, the chamberlain, common serjeant, town clerk, and other City officers remaining in the Court of Hustings, to attend the election.After the sheriffs are chosen, the commons proceed to elect a chamberlain, bridge-masters, auditors of the city and bridge-house accounts, and the surveyors of beer and ale, according to custom.The old sheriffs are judges of these elections, and declare by the common serjeant who are duly chosen.The sheriffs thus elected take the usual oaths in this court on Michaelmas eve, and the day after Michaelmas day are presented to the Barons of the Exchequer, where they take the oath of office, the oaths of allegiance, &c.The chamberlains and bridge-masters are sworn in the court of aldermen.
Where a Lord Mayor elect refuses to serve, he is liable to be fined;and if a person chosen sheriff refuses to serve, he is fined 413pounds 6s.8d., unless he makes oath he is not worth 10,000 pounds.
When the alderman of any ward dies, another is within a few days elected in his room, at a wardmote held for that purpose, at which the Lord Mayor usually presides.Every alderman has his deputy, who supplies his place in his absence.These deputies are always taken from among the Common Council.The aldermen above the chair, and the three eldest aldermen beneath it, are justices of peace in the City by the charter.
The Lord-Mayor's jurisdiction in some cases extends a great way beyond the City, upon the river Thames eastward as far as the conflux of the two rivers Thames and Medway, and up the river Lea as far as Temple Mills, being about three miles; and westward as far as Colney Ditch above Staine Bridge: he names a deputy called the water-bailiff, whose business is to prevent any encroachments, nuisances, and frauds used by fishermen or others, destructive to the fishery, or hurtful to the navigation of the said waters; and yearly keeps courts for the conservation of the river in the counties it borders upon within the said limits.
