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cause_n	great_a	lord_n	people_n	4,203	5	4.5705	4	true

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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A38869	An exact account of the trial between Sr. William Pritchard, Kt. and alderman of the city of London, plaintiff, and Thomas Papillon, Esq, defendant in an action upon the case at the sessions of nisi prius holden for the Court of King's Bench at the Guild-Hall in the city of London, on Thursday the 6th of November, 1684, in Michaelmas term, in the 36th year of the reign of King Charles the Second, before Sir George Jefferies, Kt. and Baronet, then Lord Chief Justice of the said Court of King's Bench : to which is added, the matter of fact relating to election of sheriffs, as it was printed in the year 1682.	Pritchard, William, Sir, 1632?-1705, complainant.; Papillon, Thomas, 1623-1702, defendant.; England and Wales. Court of King's Bench.	1689 (1689)	Wing E3587; ESTC R12402	61,421	42

Have you done Gentlemen or will you call any more Witnesses Mr. At. Gen. We rest it here my Lord till we hear what they say to it L. Ch. Just Come then what have you to say that are for the Desendant Mr. Serj. Maynard May it please your Lordship and you Gentlemen of the Jury I am of Counsel in this Case with the Defendant Mr. Papillon I see Gentlemen it is a Cause of great Expectation and by that means they would make it greater by far than indeed it is in it self But I suppose you who are upon your Oaths to try this Issue will duly weigh and consider what it really is Gentlemen the Record tells you what it is an Action upon the Case wherein the Plaintiff declares that the Defendant did arrest him being then Lord Mayor without any probable Cause and out of Malice Now as to that Gentlemen I conceive and think I may appeal to my Lord Chief Justice in it for Direction in point of Law that my Lord Mayor if he do mistake in his Office and do not do that which belongs to him to do he is as much subject to the Process of Law and Actions as any private Person in the City of London If he does any Man an Injury or does that which is not right in his Office by which another Person is grieved he is liable to the Prosecution of any particular Subject the King has that is so grieved by him Then they alledge that this particular Action and Arrest thereupon was prosecuted and done out of Malice and without probable Cause Now what have they proved of that They prove the thing done that he was arrested at the Defendant's Suit and that he was kept in Custody six hours But if we can give you any account of a probable Cause for it that is sufficient to justify as from this Action Gentlemen the Question that you are to try is not Whether this Man or that Man were duly chosen into such an Office but whether there were any probable Cause for the Defendant to contest about the Choice And herein the Case will fall out to be thus There was a difference in the City of London as is very well known to every body about the Choice of Sheriffs for the City wherein the Defendant was one of the Competitors there were upon the Nomination and Election in the Hall a great many more Voices or Suffrages for one than for the other which was certified to the Court of Aldermen and Lord Mayor as is usual but some Contest being a Poll was demanded and granted and upon that Poll my Lord Mayor was pleased to declare the Election on one side against Mr. Papillon who yet was apprehended by the first Choice to be one that had most Suffrages But several Meetings there were and several Common-Halls assembled so that it was a contested matter and as I said there had been a Report made on the Defendant's behalf We insist not upon the Right of Election that has been otherwise determined But when he is put in Nomination by the Electors in the City and has many Suffrages and he conceives himself rightly chosen and they that are the Managers of the Election give such an account that in their Judgment he was chosen that surely was a probable Cause for him to proceed upon it And if there be but a probable Cause to bring this to a Question no doubt he might very well take the course the Defendant took Here is no Arrest without legal Process nay their own Witnesses say there was an offer to take an Appearance without putting it on so far as an Arrest If my Lord Mayor would have but given an Appearance there had been an end but he did not think fit to do that and so the Process of Law was executed upon him Then here is the Case in short A Man thinks himself rightly and duly chosen into an Office and has probable reason so to think for the Judges of the Election think so too and deliver that as their Opinion so that tho he is mistaken as the Event proves yet he is not alone in his Mistake nor without ground of his Apprehension then if it be under favour such a Man has no other Proceedings to take in the World for settling this matter but to appeal to your Lordship and that great Court where your Lordship sits to have a Writ to command the Mayor or other proper Officer to swear such a Man into the Office or shew good cause why he doth not If the Mayor upon the Receipt of the Writ thinks fit to obey it and swears the Man all is well If not he must make a Return of the Writ with the Cause why the Command of the Writ is not obeyed Now the Suggestion of the Writ is that he was duly chosen into such an Office and therefore he had a fair way to put this matter to an end if he would have returned he was chosen or not chosen there had been an end of the business which he ought under favour to have done in Obedience to the King 's Writ What then follows upon his not doing so the Party that is grieved hereby has no other course to take but to bring his Action against the Mayor for it This course the Defendant took by taking out a Writ against the Plaintiff and what was the Effect of that Writ It is indeed charged here by the Counsel on the other side that there was a Design of a discontented Party in it and I know not what and a great deal of stir made that a Coroner of the City of London should arrest my Lord Mayor It may be it was not so reverently done but yet if he thought he had good Cause of Action against him he might do it lawfully Doth this prove to you that this was maliciously and unreasonably done Malice must be to the Person Zeal and Earnestness to have Right done to a Man's self or another in a legal Course of Justice is not Malice nor will make the Prosecution of the Action unreasonable and groundless Have they proved to you Gentlemen any particular Discontent and Malice that was between the Plaintiff and Defendant No truly I think by all the Proof that has been offered the quite contrary does appear The Defendant took out a Mandamus directed to the Plaintiff which was not duly returned What then doth he do next Doth he most violently arrest him that with Submission he might do and no Offence in Law No but he doth not do it but only desired from time to time as we shall prove anon that he would but give an Appearance that would have put a Conclusion to this Dispute There is no Appearance given whereupon he is arrested and detained in Custody six hours If a Man be once in the Officers Hands taken upon legal Process how long soever the Officer keeps him is not at all to be laid upon the Person that brings the

Lord I was only giving an Account of what we should prove as to the fairness of our Proceedings L. Ch. Just But I must interrupt you and tell you all you have said signifies nothing And as to what you mention of the Tryal for the Riot I say if there be any Election to an Office at any time that is controverted or doubtful you have Forms and Methods of Law to determine the Controversy Mr. Ward And we say with submission my Lord we have only pursued such Form and Method L. Ch. Just You are not try Rights by Club-Law by Riots by Noise and by Tumults Therefore you are mistaken to say that was the Question upon the Trial of the Riot No it was not the Question but the Defendants there were tried for a notorious Offence and disorderly tumultuous Assembly an Assembly that had like to have set us together by the Ears Therefore you must not talk after that rate If you will speak apply to the Business in hand Do not make such excursions ad captandum Populum with your Flourishes for that is all that is designed by your long Harangues But I must not suffer it I will have none of your Enamel nor your Garniture The Business of the Court is and by the Grace of God it shall always be my Business and so it should be the Counsels too Senare jus illaesum But I see you do not understand the Question and that makes you ramble so much in your Discourse Mr. Ward My Lord I desire always to do my Duty and do it as well as I can I know very well and hope to apply it to this Case that in a Question of Right there are Forms and Methods of Law to be pursued and I would defend my Client from this Action by proving he did pursue that Method and when he apprehended he had been before mistaken he desisted from what he had begun L. Ch. Just I tell you I perceive you do not understand the Question Mr. Ward If your Lordship will give me leave to explain my self I hope I shall satisfy your Lordship L. Ch. Just Indeed Mr. Ward you do not understand the Question at all but lanch out into an Ocean of Discourse that is wholly Wide from the Mark. I see you do not understand it Mr. Ward Will your Lordship please to hear me L. Ch. Just Ay if you would speak to the purpose but I cannot sit here all night to hear you make florid Speeches about matters that are foreign to the Point before us Come to the Question Man I see you do not understand what you are about Mr. Ward My Lord L. Ch. Just Nay be as angry as you will Mr. Ward I do tell you agen all you have said is nothing to the purpose and you do not understand the business Then there was a little Hiss begun L. Ch. Just Who is that What in the Name of God! I hope we are now past that time of day that Humming and Hissing shall be used in Courts of Justice but I would fain know that Fellow that dare to Hum or Hiss while I sit here I 'll assure him be he who he will I 'll lay him by the Heels and make an Example of him Indeed I knew the time when Causes were to be carried according as the Mobile Hissi'd or Humm'd and I do not question but they have as good a Will to it now Come Mr. Ward pray let us have none of your Fragrancies and Fine Rhetorical Flowers to take the People with Mr. Ward My Lord I do not do any such thing but if your Lorship would please to hear me I would explain my self I hope to your Lordship's Satisfaction and the satisfaction of the Gentlemen of the Jury L. Ch. Just Hear you why I did not interrupt you Man till you came to lanch out into extravagant things that did not at all concern the Cause Keep close to the Question we come here to try and I will hear you as long as you will. The single Question is here Whether there were a probable Cause for your Arresting the Planting or not Mr. Ward My Lord we did apprehend I say that we had a probable Cause but when we found our mistake we discontinued our Action paid Costs and have a Receipt for them This was it I was saying L. Ch. Just Say what you can in God's Name that will conduce to the Point in hand but do not make the People believe as though the Right of Sheriffs or not Sheriffs were determined upon the Trial of a Riot Mr. Serj. Maynard There are these things that are proper to be considered in this Question Whether the Cause were probable or not probable and if not probable whether malicious or not L. Ch. Just True Brother if People will but understand their Business it is reduced to a narrow Compass but if they will not understand what it is they come about they will ramble from the Point and who can help it But we must keep to what is before us Mr. Williams We shall make it out that nothing was done but very civilly L. Ch. Just You must make it out that nothing was done but what you had Probable Cause at least for Mr. Williams We will my Lord apply our selves to that which your Lordship directs Call Mr. Brome Mr. Courthope and Mr. Cornish Mr. Brome sworn Mr. Ward Mr. Brome are you sworn Mr. Brome Yes Sir. Mr. Ward Have you the Writs here the Latitat and the Capias Mr. Brome Truly Sir I have not I did not bring them with me they are at home at my house If you please I will fetch them Mr. Ward Pray can you tell Sir when the first Writ was returnable Mr. Brome In Hillary Term. Mr. Ward When you had that Writ brought to you Sir what did you say to my Lord Mayor about it Mr. Brome I went to my Lord Mayor with Mr. Goodenough and desired my Lord that he would appear to it as Mr. Goodenough told me he had desired of him himself before But he said he would give no Appearance If I would take him up upon the Writ I might do as I pleased and he would consider and do as he should think fit but he would not give any Appearance I told him I had Writs against several of the Aldermen upon the same Account and that I would wait upon them also and I did so and desired them to appear and offered to take an Appearance from them and gave my Lord Mayor and them time to consider of it and came again but they told me they had considered of it and would give no Appearance Mr. Williams When was this Sir Mr. Brome In the beginning of Hillary Term to the best of my remembrance Mr. Williams What time did you give my Lord Mayor to consider of it Mr. Brome About a week or some nine or ten days time as I remember Mr. Ward Where was it that you had that Answer that he had

cannot be decided by the view but they go to a Poll Who is to manage that Poll Mr. Town-Clerk The Officers of the City by direction of the Lord Mayor Mr. VVilliams That Poll you speak of for Lewis and Jenks Was that managed by any body but by the Sheriffs Mr. Town-Clerk It was managed by the Sheriffs and the Common Serjeant in the accustomed manner Mr. VVilliams How in the accustomed manner when you say that was the first that ever you knew Mr. Town-Clerk It was so for Sheriffs but there have been Polls for other Officers L. C. J. Why Mr. VVilliams every body knows that well enough that the Sheriffs are concerned in the management of the Election or the Poll as all the rest of the Officers of the City are under my Lord Mayor and the Common Serjeant consults with the Sheriffs Officers and People about him upon the view Mr. VVilliams 'Pray' Sir do you remember the Election of Mr. Bethel and Mr. Cornish Mr. Town-Clerk Yes Sir There was a Poll there too that was the Year after Mr. VVilliams Who managed that Poll Mr. Town-Clerk The Sheriffs and the Common Serjeant and I did agree to take it thus in two Books whereof one was with the one Sheriff and the other with the other Sheriff at the two ends of the Hall. Mr. VVilliams That was taken in Writing Sir Was it not Mr. Town-Clerk Yes Sir That other of Jenks was only by telling Mr. VVilliams Were you concerned in taking that Poll Mr. Town-Clerk I did assist at it one day Mr. VVilliams Who ordered you to take the Poll that day Mr. Town-Clerk Truly I did concern my self as little as I could in those things What Report was made to the Court of Aldermen I cannot tell but one day coming into the Hall I had no Mind to concern my self in it but some Gentlemen did pray me to go up to the Poll and I did go up Mr. VVilliams Sir Upon your Oath Did the Sheriffs direct you to take it Mr. Town-Clerk I really think they did not Mr. VVilliams Did my Lord Mayor direct you Mr. Town-Clerk No Sir. Mr. VVilliams Did the Sheriffs manage it Mr. Common-Serj I did it by Sir Robert Clayton's Order who was then Lord Mayor Mr. VVilliams My Lord all that we say to it is this We are not now proving our Right upon which we brought our Action that we submit unto it is against us we must agree it But be the Right one way or other yet we might from a supposed Right have a probable Cause of Action It seems to be a doubtful business by all that Mr. Town-Clerk has said who has the Right for all he knows of the Constitution is from Liber Albus and that is somewhat dark You Gentlemen hear what is said the thing was a Question of five or six days and a puzzling one it seems and therefore we might be misled into an apprehension that what the Sheriffs did was right and so notat all concern our selves with what my Lord Mayor did L. C. J. Mr. VVilliams you talk of that you do not understand for my Lord Mayor was not there at that time of Jenks's Poll I was Common Serjeant my self and I know the Sheriffs have nothing to do with it Mr. VVilliams It should seem by Mr. Town-Clerk to be doubtful sometimes one and sometimes another did direct the taking of the Poll. L. C. J. But you are out still But for all that this is nothing to your Right of Action one way or other Mr. VVilliams My Lord I must lay it here it was a doubtful thing and we brought our Action to try the Right but afterwards conceiving we were out and had no Right we discontinued and desisted L. C. J. It was so far from being their Right that I desire you to call me any one Witness that can say before Jenks's time there was ever a Poll for Sheriffs or such a thing thought of Mr. VVilliams We were under an apprehension of a Right in them L. C. J. There could be no colour for any such apprehension in the World. Mr. VVilliams We must submit it to your Lordship's directions Mr. Att. Gen. So do we Mr. S. Maynard Whether this Action brought by us was malicious Mr. VVard My Lord Mr. Attorney doth challenge the Defendant to shew that his Action was brought by advice of Counsel we shall shew it was with good Authority of Counsel Mr. Baker can you tell whether it was by any Advice and whose Mr. Baker It was by the Advice of Mr. Thompson Mr. Pollixfen and Mr. VVallop as I have heard Mr. Att. Gen. But you hear what Keeling says there was a Party that were at a Consult about it and that were concerned in it Mr. Sol. Gen. My Lord We have done on both sides I think and submit to your Lordship's direction in it L. C. J. Will any of you say any thing more Mr. VVilliams No my Lord we have done we leave it upon this Evidence to your Lordship and the Jury Mr. Att. Gen. My Lord We have no more to say for the Plaintiff L. C. J. Then Gentlemen of the Jury as my Brother Maynard said in the beginning of his Defence in this Cause so I say now to you to set all things strait and right God forbid that any heat or transport of the times should bring us into that Condition but that every Subject of the Kings that hath a right of bringing an Action at Law against another should have free Liberty so to do And the Courts of Justice are now and I hope always will be so open that every one that would take a Remedy prescribed by the Law for a wrong done him may be received to bring his Action which is a Legal Remedy And I am to tell you Gentlemen that much has been said in this Case which I perceive is by the Concourse of People a Cause of great Expectation as my Brother likewise said which is not at all to the Case I am sorry truly at this time of Day that we should stand in need of such Causes as these to settle and keep People in their due bounds and limits But tho' many things have been said in the Case that are quite besides the natural Question yet they having being made Dependancies upon that Question and because it seems to be a Case of such Expectation I think it will become me in the Place wherein I am to say something to you and according to the best of my Understanding tell you what I apprehend to be the legal Part of it stripped of what hath no Relation at all to it And if I shall omit any thing that is material on the one side or the other here are Gentlemen that are Learned in the Law who are of Council both for the Plaintiff and the Defendant and I shall not think my self under any sort of Prejudice in the World if they take the liberty as they may freely do to interrupt me

been your Liberties or Properties Gentlemen or any Man's Nay theirs that were engaged in this Design if they had any for those were things much talked of by them In what danger had you and all you had for Life Estate Relations and every thing been But it pleased God in his infinite Mercy to showre down upon us and upon this City and the Government in a mighty Preservation putting it into the Hearts of some in Power to bring the City Militia some of them together and prevent this Mischief or else God knows this whole City might have been by this time once more in Ashes and most of the King's Subjects wallowing in their own and one another's Blood. And their Party too would have felt the sad Effects of it no doubt as well as others So that the Consequence of it was to destroy the Government and that appears by the Parties being engaged in it it could not be to gain a Right to make this Hubbub and ado to arrest the Magistrates of the City and then take Advantage for some other wicked Purpose Another Point of Circumstance that is considerable in this Case is the particular Persons that were to be sued The Mandamus that was directed to the Lord Mayor and Aldermen and there is a Return made not by this or that or the other Man but in the Name of them all the whole Court. How comes it then to pass that my Lord Mayor Sir Henry Tulse and those other Gentlemen must be sued and arrested but I warrant you Mr. Cornish or his Party were not to be medled with No he had so much Zeal for Justice and to do the Defendant Right that if he should have been called upon to appear he would not have stood out an Arrest so just a Man he is and such a Lover of Right without all doubt but he was in no danger I dare say they loved one another too well to sue one another That I say Gentlemen is another Circumstance that carrieth Malice in it For I must tell you these things cannot be smothered they are as apparent as the Light And tho' it falls to my turn in this Cause to enmind you of them yet they are as well known to you all as the Passages in your own Families No Gentlemen there was not a Pursuit of Right in the Case it was a designed Piece of Villainy on Purpose to affront the Government nay to destroy it and set us all together by the Ears And if he were ten thousand times Mr. Papillon I would and must tell him so and if it were not for some such devilish End and Purpose he would never have been so greedy of an Office he had before declined and fined for and which he was only called to by a turbulent seditious factious Party that had further aims in it Otherwise I know Mr. Papillon's Humour so well that I am confident he would much rather have been contented to sit in his Counting-house than in Guild-Hall in a scarlet Gown Alack a-day I know Mr. Papillon knows how to spend his time to better Advantage to himself Ay but say the Council for the Defendant we did go on very tenderly and civilly and respectfully for there met at Mr. Cornish's House who I pray Mr. Papillon and Mr. Dubois and Goodenough the prime Attorney in this Cause And there forsooth they tell Goodenough be sure you do nothing but what is exactly according to Law and be sure you carry it very civilly and respectfully to my Lord Mayor good Mr. Goodenough Alack-a-day how wonderful pious and considerate these People are If Mr. Cornish had gone to my Lord Mayor as it was his Duty to do being then an Alderman we know it full well and said to my Lord Mayor there were such Persons at my House talking of such a matter and I come to advertize you of it and desire you would consider of it he had shewn his Piety and his Zeal and Love for Justice much more in that than in admitting such Cabals in his House But we know very well as well as if we were in them that they must go Hand in Hand in all these seditions and factious Businesses It is plain Gentlemen what the Design was from the Beginning to the End nothing but to cause a Tumult and Confusion in the City in Order to put that damned hellish Conspiracy for the destruction of the King and his Brother and every Man that was honest and loyal in Execution This is certainly known to you all and that there should be such a Parcel of People untowardly linked together in this matter not one man of which that they can pretend to be in anywise a Well-wisher to the Government or to any that have any share in it No they are all Persons that are obnoxious to the Government that had any hand in it but none of them Church of England-men or Friends to her Establish'd Worship notorious Dissenters or profligate Atheistical Villains that herd together This Gentlemen is plain English and necessary to be used upon all these Occasions So that it remains now upon your Consciences whether upon all these Circumstances that have been mentioned you think the bare obtaining of a Right in a Legal Course or some worse thing was designed We all know Mr. Papillon to be a wealthy Man an able Merchant one that had rather have minded his Affairs abroad or at the Exchange than the expensive troublesome Office of Sheriff of London but that something was to be done to wreak a damned malice and Revenge upon the Government And sure he must think as his Party it seems did that they would not be sufficient to subvert the Government unless he could get into that Office. This I tell him openly and let him or his Party make their Remarks upon it as they please But you are to Judge whether these things be a sufficient Evidence of malice to support the Plaintiffs Action There was questionless a Devilish Malice fixed in his Heart and Mind and he wanted an opportunity to effect it and he thought it for his own security to be best to take this Course and nothing else was in it For abundance of People have a Mind to do mischief but want opportunity and safe ways to do it in And Oh they rejoice if they hit upon a project that shall carry a specious pretence and colour of Law for then they think they are safe enough As in Case I have a Mind to do any particular Man an injury in his reputation and business the business must not be done down-right by going to every Body and saying such an one is Poor or a Beggar and do not trust him but I must cunningly and slily insinuate it I am sorry for such a Man I believe he is an honest Man but however he oweth Money and under this sort of Sniveling Canting Whining sly rate do any Man an injury whatsoever and yet forsooth he shall have no

Sir Dudley North then Mr. North Mr. Box Mr. Papillon and Mr. Dubois Mr. Ward 'Pray' Sir who had the majority of Hands Mr. Nelson I did see the Poll-Books after they were cast up Mr. Williams But did you observe the holding up of the Hands Mr. Nelson Upon the holding up of the Hands the Election was by the Sheriffs given to Mr. Papillon and Mr. Dubois Mr. Williams But 'pray' Sir upon your view and in your judgment were there many Hands for Mr. Papillon Mr. Nelson I guess there were the most Hands for him and Mr. Dubois Mr. Ward What say you then to the summing up of the Poll-Book that you spoke of Mr. Nelson I did see the Books after they were cast up Mr. Ward Was there a great number for Mr. Papillon Mr. Nelson Yes there was the greatest Mr. Com. Serj. What Books do you mean Mr Nelson Mr. Nelson The Books in the Sheriffs Custody Sir. Mr. Com. Serj. But did you see my Books Mr. Nelson That was upon the second Poll. Mr. Ward Then which is Mr. Wightman Mr. Wightman Here I am Sir. Mr. Ward Were you present at this Common Hall Did you see this Election Mr. Wightman I can say nothing to the Election Mr. Williams Were you at the Common Hall on Midsummer-day 1682 Mr. Wightman I cannot say that Sir. Mr. Ward Then what is it you can say to this matter in question Did you take any Poll Mr. Wightman I did take the Poll in one of the Books Mr. Williams Was there any number for Mr. Papillon Mr. Wightman There were 2400 and odd for Papillon and Dubois Mr. Thompson Who were in nomination Sir Who were the persons Poll'd for Mr. Wightman Sir Dudley North Mr. Papillon Mr. Dubois and Mr. Box. Mr. Ward What say you Mr. Robinson were you at this Common Hall in 1682 Mr. Robinson Yes I was Mr. Williams Who were named to be Sheriffs then Mr. Robinson Mr. North now Sir Dudley North Mr. Ralph Box Mr. Thomas Papillon and Mr. John Dubois they four Mr. Williams What number had Mr. Papillon for him Mr. Robinson I never saw the Poll. Mr. Ward But upon the view in the Hall in your opinion did you look upon it as a doubtful case which was Elected Mr. Robinson By the Hands I judged the majority was much more for Mr. Papillon and Mr. Dubois than for the other two Mr. Williams So you think in your Judgment Mr. Robinson Upon my Oath that was my opinion Mr. Williams Well my Lord we must rest it here unless they give us further occasion Mr. Attor Gen. You say the majority was for Papillon and Dubois 'Pray' was the Election declared at that time by the Mayor and Aldermen or was there a Poll demanded Mr. Robinson Mr. Attorney first the question was put for the persons then the Sheriffs declared their opinion and a Poll was demanded and a Poll was granted and the Sheriffs went with the Common-Serjeant up to the Court of Aldermen and acquainted them with it and then they all came down again and declared that there should be a Poll. Mr. Soll. Gen. VVho were Sheriffs then 'pray' Sir Mr. Robinson Mr. Alderman Pilkington and Mr. Samuel Shute and in the Evening after the Poll was closed the Books were numbred up the Sheriffs came down upon the Hustings and declared the numbers and then as I remember the number declared for Mr. Papillon and Mr. Dubois was above 2000. and the number declared for the other two was some Hundreds under 2000. Mr. Ward My Lord we leave it here Ld. Ch. Just VVill you that are for the Plaintiff say any thing more to it Mr. Attor Gen. Yes my Lord we have more Evidence to give in answer to what they have brought here My Lord that which they would excuse themselves by is that there was a probable Cause but that will fail them if it be but observed what doth appear upon their own Evidence It is true where a man hath a probable right he may Sue But this matter here contended for was never such a right as a man may to sue for No man can ever shew that for the Shrevalty an Office of Burthen an Office of Hazard and an Office of Charge and Expence any man did ever sue so little ground of reason had they to bring this Action for this Office. And then for their Title to the Office that will appear but very weak They pretend that my Lord Mayor and Aldermen could not try the right who was Elected truly and rightfully and they bring this Action to try it and then they produce some of the men that held up their Hands and in their Opinions Gentlemen they say the Election fell upon Rapillen and Dubois But Gentlemen that my Lord will tell you is nothing at all of Title but a Poll was demanded and by that it must be decided Then one of their VVitnesses tells you a story of what the Sheriffs did upon the Poll But all that is nothing too For we tell you and shall prove it that those Sheriffs did in a riotous manner assume and take upon themselves the Supream Government of the City and would have excluded my Lord Mayor from it But all their proceedings and all that they call a Poll was void and can make no Title to any thing at all It was a bare dispute of a factious Party to subvert the Orderly Government of the City There was no probability of Title or Right could be gained by it For the Chief Magistrate of the City for the time being ever did direct the Poll and all the Proceedings upon Election of Officers And when he did so in this Case we shall prove to you there was not any considerable number that is not twenty men to give any pretence of Title to this Gentleman that thus sued for this Office. But indeed in that most riotous assembly one of them that ever was they do pretend to be Elected But we shall shew that for that riotous assembly they were convicted here as Rioters upon an Information and fined to the King for it And I could tell them of a like Case of an illegal Title a man goeth by a false Oath to get a Possession of goods takes out a Capias and with others getting into a House to arrest the Party he then carries away all the Goods and upon this possession would set up a pretence of Title But upon an Information for a Riot he was severely punished for it Mr. Papillon if h ehad thought he had had a good Title or Cause to bring this Action he would have imployed better Instruments to have proceeded in it The Attorney he makes use of who is it but Mr. Goodenough one who did not live within the City nor had any thing to do in it till brought into Office as the great Instrument of Mr. Bethel in his Actions and a great Plotter in the late horrid and dreadful Conspiracy And this Cause how is it managed Not by

Mouths and every Action of our Lives and then tell me what horrid Impieties these are such as any ordinary ingenuous Person would blush and tremble at And I would have Mr. Cornish to consider whether ever till that time of famous or rather infamous Memory that he and his Fellow-Sheriff Mr. Bethel came into that Office there were ever in London such things as Tavern-Returns of Juries or Clans and Cabals how to pack Fellows together for such wicked Purposes as these Do not most of you here know this And doth not every one of your Hearts and Consciences agree with me in it how far unlike the Proceedings of those times in reference to Juries were from what they anciently were I have had the Honour to practice in this Place among you in my Profession when without any disturbance or mixture of Faction and Sedition we were all quiet and every one knew his Duty and Justice was done in this place so regularly that it was grown to a common Proverb if there were any Cause of any difficulty they would use to say to one another Come we will be so fair with you as to try it by a London Jury So far was it then from being thought that in the City of London Justice should be corrupted that the Ordinary Juries of London were thought the best Judges and most impartial of any in the Kingdom I appeal to all the Practicers of those times that hear me if what I say be not true But when once they had begun to pick and cull the Men that should be returned for a Purpose and got this Factious Fellow out of one corner and that pragmatical prick-ear'd snivelling whining Rascal out of another corner to prop up the Cause and serve a Turn then truly Peoples Causes were Tried according to the demureness of the Looks on the one side or the other not the Justice of the Cause Gentlemen I take my self bound to tell you of these things and I wish I had no reason for it and especially in this Case I should not do it it being a private Action between Man and Man were it not for the Ingredients that are in the Case and that any Man that has any sense may perceive Now then for this Case before you Gentlemen I desire if possible to be satisfied in one thing or two My Lord Mayor of London it is true is not nor no Person whatsoever be he of never so great Quality is exempt from the Law If he owe any man any thing he is bound to answer it to him as much as any the meanest Citizen of London or poorest Subject the King has But is he to be arrested just at such a time because he is Chief Governour of the City and the Action will sound the greater And the Court of Aldermen are they to be arrested because they are his Ministers and necessary subservient Assistants to him in his Government in such a time as this was when the Government both in the City and elsewhere was surrounded with Difficulties and in great danger on all sides What occasion was there for such haste and speed in this Action to be done just then Would Mr. Papillon and Mr. Dubois have starved if this Action had been suspended for a while Sir William Pritchard would have been as answerable to this or any man's Action when the year of his Office had been out But it carrieth Vengeance and Malice in the very face of it it speaks that therefore they would do it because he was then Lord Mayor the chief Person in the City for the time and thereby they should affront the Government in Arresting and Imprisoning the King's Lieutenant in one of the highest Places both of Trust and Honour And this would be sure to make a great noise and the Triumph of the Action would make their Party then to be uppermost having got the chief Governour of the City in their own Clutches Nay and because they would be sure their Malice and Revenge should take place they take the very Scoundrels of the Party to be employed in this great Work. For before that time the Coroner as he tells you himself used to make his Warrants to the Officers that usually are versed in that Business but here he must have the Direction of the Attorney and who is that but Goodenough a Man we have all heard enough of and then Burley and Keeling must be employed and by whose Advice but by the Goodenough's and Nelthorp's And all these Rascals who now stand attainted of Treason must be fetched in to consult about a sit Man to make an Arrest And there they pitch upon this Man Keeling for one who was one of the principal Conspirators in that damnable hellish Plot against the King's Life and that of his Royal Brother but by the Blessing and Providence of Almighty God was made use of as a great Instrument of preserving those precious Lives and with them our Government and Religion and all that is dear to us which by that Conspiracy was undermined and I wish we had not Reason to say and think the Conspiracy still to be going on But I hope in God the Government as established both in Church and State will always be able to prevail maugre all Designs and those that are engaged in them for its Destruction Now Keeling tells you he scrupled the Imployment No said he I desired not to have my Name put in because I was never concerned in any such thing before and my Business was of another sort But then Mr. Goodenough and Mr. Brome the Coroner no doubt had a Hand in it tho' now he has a very treacherous Memory and has forgot all that was done comes and tells him you must concern your self and do this thing for you have a Trade with the Party and it will be ill taken if you do not do it And being asked whom he meant by the Party He tells you the discontented Party and he explains their discontent to be such that they would have killed the King and the Duke Now how far he was engaged with that Party is pretty well known and therefore if he boggled at such a thing as this which that Party it seems was engaged in they would suspect him and so for the Party's sake he was drawn in But then when this thing is done 'Pray' Gentlemen do but consider what the Consequences might have been and which perhaps nay upon what has happened to be discovered since doubtless they did design in it But God be thanked those Consequences were prevented and they themselves have Cause to be thankful to God Almighty for it For here all the Magistrates of the City that had any Care for the good Government of it were to be taken up and then here was a Body without a Head a Town full of Faction without any Government and if the heady Rabble had been once up without those that had Authority to restrain them where then had