accommodated by the passing of the Election Act, 11 George I, c. 18. It had been the custom of the City, whenever the ruling of an alderman at a wardmote had been disputed, to defend the alderman's action when brought before a court of law at the City's expense. The legality of this proceeding was now questioned. In December, 1717, when the annual elections for the Common Council came on, there had been a disputed election in Tower Ward, and the ruling of Alderman Sir Charles Peers had been called in question by Peter Bolton and Edward Bridgen, two unsuccessful candidates. The dispute engaged the attention of the Common Council and the law courts for a whole twelvemonth, the expenses of the aldermen being defrayed by the City. In February, 1719, it reached the House of Lords, but before the matter came on for hearing a compromise was effected, the City agreeing to pay taxed costs.

The reason for this sudden change of attitude on the part of the City is doubtless to be found in a resolution of the House of Lords (17 Feb., 1719) to appoint a committee to examine and report what sums of money the City had expended out of its own chamber on this and similar causes, and what jurisdiction the Common Council exercised over elections of its members. The committee was authorized to carry its investigations as far back as they deemed proper, and to send for persons, papers and records. On the 17th April the committee made its report to the House. The Town Clerk and the City Chamberlain had attended the committee with the necessary warrants and minutes of proceedings, and it had been found that a sum of £2,827 10s. had been paid out of the City's cash for carrying on causes and suits at law relating to the elections of Aldermen and Common Councilmen since the 8th November, 1711.[39] As regards the claim of the Common Council to hear and determine matters in connection with elections of its own members, the committee found that it was based upon a resolution of the Court of the 9th January, 1641,[40] which resolution had been disclaimed (with many others) by Act of Common Council of 1683.[41]

The report having been read, the House passed a resolution to the effect that in maintaining suits at law between citizen and citizen in cases of disputed elections, the Common Council had "abused their trust, and been guilty of great partiality, and of a gross mismanagement of the city treasure, and a violation of the freedom of elections in the city."

So scathing an indictment against the City was not allowed to pass unchallenged. Sixteen peers entered a vigorous protest on the several grounds: (1) that no evidence had been taken on oath, and that without such evidence they conceived that so heavy a censure ought not to be passed on any individual, much less on so important a body as the Common Council of the city, which had done good service on pressing occasions; (2) that the Common Council had not had due notice given them; (3) that the resolution of the House might be construed as prejudging matters which might come before the House judicially; and lastly (4) that had the Common Council been heard they might have shown that the money had been expended in defence of their ancient rights and privileges, and in order to prevent any encroachment thereon.[42] That the dissentient Lords had reason on their side there can be little doubt. Nevertheless, some writers[43] whilst setting out in full the committee's report, as well as the returns made by the Chamberlain of money expended by the City on election suits, and the resolution of the House thereon, have entirely ignored the fact that a solemn protest was made against such resolution, and the reasons which urged the dissentients to make such protest.