ull revenge on his enemies. It was not long before the
effects of these alterations were seen. When it was first reported that
the duke intended to leave Scotland, Pilkington, at that time sheriff, a
very violent man, had broken out in these terms: "He has already burned
the city; and he is now coming to cut all our throats!" For these
scandalous expressions, the duke sued Pilkington; and enormous damages,
to the amount of one hundred thousand pounds, were decreed him. By the
law of England, ratified in the Great Charter, no fine or damages ought
to extend to the total ruin of a criminal. Sir Patience Ward, formerly
mayor, who gave evidence for Pilkington, was sued for perjury, and
condemned to the pillory; a severe sentence, and sufficient to deter all
witnesses from appearing in favor of those who were prosecuted by the
court.
{1683.} But though the crown had obtained so great a victory in the
city, it was not quite decisive; and the contest might be renewed every
year at the election of magistrates. An important project, therefore,
was formed, not only to make the king master of the city, but by that
precedent to gain him uncontrolled influence in all the corporations of
England, and thereby give the greatest wound to the legal constitution,
which the most powerful and most arbitrary monarchs had ever yet been
able to inflict. A writ of quo warranto was issued against the city;
that is, an inquiry into the validity of its charter. It was pretended,
that the city had forfeited all its privileges, and ought to be declared
no longer a corporation, on account of two offences which the court of
aldermen and common council had committed. After the great fire in
1666, all the markets had been rebuilt, and had been fitted up with many
conveniencies; and, in order to defray the expense, the magistrates had
imposed a small toll on goods brought to market: in the year 1679, they
had addressed the king against the prorogation of parliament, and had
employed the following terms: "Your petitioners are greatly surprised at
the late prorogation, whereby the prosecution of the public justice of
the kingdom, and the making of necessary provisions for the
preservation of your majesty and your Protestant subjects, have received
interruption." These words were pretended to contain a scandalous
reflection on the king and his measures. The cause of the city was
defended against the attorney and solicitor-generals by Treby and
Pollexfen.
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