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A63202 The tryal of Tho. Pilkington, Esq., Samuel Shute, Esq., sheriffs, Henry Cornish, alderman, Ford Lord Grey of Werk, Sir Tho. Player, Knt. Chamberlain of London, Slingsby Bethel, Esq., Francis Jenks, John Deagle, Richard Freeman, Richard Goodenough, Robert Key, John Wickham, Samuel Swinock, John Jekyll, Sen. for the riot at Guild-Hall, on Midsommer-Day [sic], 1682 : being the day for election of sheriffs for the year ensuing. Pilkington, Thomas, Sir, d. 1691.; Shute, Samuel, defendant.; England and Wales. Court of King's Bench. 1683 (1683) Wing T2231; ESTC R14605 66,667 64

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THE TRYAL OF Tho. Pilkington Esq Sheriffs Samuel Shute Esq Sheriffs Henry Cornish Alderman Ford Lord Grey of Werk Sir Tho. Player K nt Chamberlain of London Slingsby Bethel Esq Francis Jenks John Deagle Richard Freeman Richard Goodenough Robert Key John Wickham Samuel Swinock John Jekyll Sen. FOR THE RIOT AT GUILD-HALL On MIDSOMMER-DAY 1682. BEING THE Day for Election of SHERIFFS for the Year ensuing LONDON Printed for Thomas Dring at the Harrow at the Corner of Chancery-Lane end in Fleetstreet 1683. May the 11. 1683. I do Appoint Thomas Dring to Print this Tryal and that no other Person presume to Print the same Edm. Saunders On Tuesday the Eighth Day of May at the Sessions of Nisi Prius at the Guild-Hall of the City of London held there for the County of the said City before the Honourable Sir Edmond Saunders Knight Chief Justice of his Majestie 's Court of King's-Bench an Information was brought at the King's Suit against Thomas Pilkington Sheriff Samuel Shute Sheriff Henry Cornish Alderm Ford Lord Grey of Werk Sir Thomas Player Kt. Slingsby Bethel Esq Francis Jenks John Deagle Richard Freeman Richard Goodenough Robert Key John Wickham Samuel Swinock John Jekyll Senior c. The Court being sate the Tryal proceeded CRYER YOU Good Men of Nisi Prius summoned 〈◊〉 appear here this Day between our Soveraign Lord the King and Thomas Pilkington and others Defendants Answer to your Names and save your Issues The Jury appeared Mr. Sommers MY Lord I am to Challenge the Array Mr. Thomson My Lord I desire this Challenge may be read The Challenge read in French L. C. J. Gentlemen I am sorry you should have so bad an Opinion of me as to be so little a Lawyer not to know this is but a Trifle and nothing in 't Pray Gentlemen don't put these things upon me Mr. Thomson I desire it may be read my Lord. L. C. J. You would not have done this before another Judge You would not have done it if Sir Matthew Hale had been here Mr. Thomson My Lord I believe if there had been nothing in it it would not have been sign'd Mr. Att. Gen. Very few but Mr. Thomson would urge it Mr. Thomson I don't know whether you think so or not Mr. Attorney but I have a great deal to offer if you please to Answer it We offer our Challenge in Point of Law L. C. J. There is no Law in it Mr. Thomson We desire it may be read in English L. C. J. Why Do you think I don't understand it this is only to tickle the People The Challenge read by the Clark accordingly Mr. Serj. Jefferies Here 's a Tale of a Tub indeed L. C. J. Ay it is nothing else and I wonder Lawyers would put such a thing upon me Mr. Thomson My Lord we desire this Challenge may be allowed L. C. J. No indeed won't I there is no colour for it and I am apt to think there are not many Lawyers in England would have put such a thing upon me Because I am willing to hear any thing and where there is any colour of Law I am not willing to do amiss Therefore you think I am so very weak without you think I was always so and therefore may be so at this time For pray now consider if so be the King's Counsel should come and plead this Challenge what is the Consequence of it I thought you would have said that the Sheriffs had been a kin to the King but you have made it worse You do come with a long Tale here of the whole Merits of the Cause and more than yet doth appear and by this you would have the Challenge to be allowed In such a Case a man may come and tell a Tale of the Merits of the Cause and then it must be tryed by the Challenge If the Sheriffs do return an Inquest for the King and the Sheriffs do hold of the King a Fee-farm or have a Pension or an Annuity from the King the Book doth say that in some Cases it is a Challenge for though they cannot be challenged as being favourable for the Kin●●et for those reasons they may be challenged But what is here Here you tell a long Process concerning a Difference between the Mayor and the Sheriffs and all this matter is wrapt up altogether and if all this were true it is no Challenge at all Mr. Thomson We shall speak with all submission to your Judgment my Lord. Good Mr. Attorney give me leave Mr. Att. Gen. I move for you Mr. Thomson If you please you may move for your self I don't need you to move for me My Lord with submission the Information is not good My Lord it is an Information that doth set forth that my Lord Mayor had right of Adjourning the Poll when an Election is to be for Sheriffs My Lord if he had not that Right it can be no Riot according to this Information My Lord upon his Adjourning Mr. Sheriff North was Chosen My Lord if that Adjournment was not according to Law Mr. Sheriff North never was Sheriff of London Then my Lord here is the Case in this Question of Title for Mr. North doth come in question whether he be a legal Sheriff of London L. C. J. Prove to me now that of Sheriff North Pray what Annuity Pension or Fee-Farm hath he as Sheriff of London whereby he is concerned Mr. Thomson My Lord there are other Reasons which I shall shew to you and the first Reason my Lord in this Case is this it will appear the Election of Mr. North is interessed in this matter and if Sir John Moor had not an Authority to Adjourn the Poll Mr. North was not chosen duly Sheriff now if there is a Sheriff chosen in Point of Right it is a good Challenge L. C. J. In point of Profit and not all neither for he that holds Land in Capite of the King cannot be challenged for all that Mr. Thomson I think my Lord this is a common Case in our Books That if in case a Sheriff be concerned in point of Title this is a principal Challenge because that he is interested in that Title he is no person by Law to return a Jury I don't doubt but your Lordship will do that which is right and according to Law My Lord I say where a Sheriff is interested in point of Title he is no person by Law to return a Jury and this Question will appear plainly upon this Information for if in case this was not a lawful Adjournment by Sir John Moor this is not a lawful Return Gentlemen my Lord I know will hear me if you have but patience I always speak and stand up for my Clients as I ought to do If you please to let me have your liberty I have my Lords If a Sheriff be concerned in point of Title it is a principal Challenge and the Sheriff ought not to return the Jury but the Coroner And my Lord much more
that the Supream Powower should be in the Livery-men that are expresly appointed to act by a Common-Council which is indeed the Representative of the whole City But this Gentlemen being done by the Sheriffs having Usurped the Power of the Mayor they did proceed in a riotous manner when the Mayor attempted to go out of the Hall they struck him struck his Hat off and pressed several of the Aldermen the Evidence will make out in what an Outragious manner it was carried on If the others had made Opposition how soon had all been in Confusion upon this Usurpation that the Sheriffs had set up for themselves that they are the Delegates of the People and must appear to be the Supream Magistrates of the City of London I think the Citizens themselves will never endure that those that are but County-Officers should ever invade the Government of the Corporation Gentlemen We will shew you the Particulars of this and you have nothing to enquire after but whether they are Guilty of the Riot or no. Mr. Sol. Gen. My Lord We will call our Witnesses and prove our Case by these Steps For the Question That whether or no the Defendants in the Information were Guilty of a Riot in continuing the Assembly after my Lord Mayor had adjourn'd them we will prove it by these steps that it is in the Power of the Lord Mayor to call a Common Hall and adjourning the Common Hall That my Lord when the Common Hall was Assembled for the purpose of Electing Sheriffs that he did Adjourn the Common Hall and that contrary to his Adjournment the Sheriffs continued it declaring my Lord Mayor had no Right so to do And that afterwards my Lord Mayor commanded them to depart and they continued their Assembly there in a very Riotous manner And as my Lord Mayor came down they offered Insolencies to his Person and they continued the Assembly there in a Riotous manner and commended the Sheriffs that did assert their Right following them in a Riotous manner into Cheapside crying out in a factious manner God bless the Protestant Sheriffs Mr. Serj. Jefferies My Lord We would call our Witnesses but for the sake of the Gentlemen of the Jury and that the thing in question may be more intelligible I beg leave to acquaint your Lordship with the Methods that have always been observed in the Elections of this City My Lord We will make it appear and I think it will not be doubted by any man that knows the City of London That Common-Halls are always Summoned to appear by the Intimation of the Mayor for the Mayor himself at any time when he finds an occasion either for the Assembling of a Common-Councel or the Assembling a Common-Hall c. Issues forth Precepts they are words that you Gentlemen do understand very well to Summon a Common-Hall or Common-Councel as he thinks fit It is very true though they do usually make Summons for Midsommer-Day yet Midsommer-Day being a publick and notorious Day appointed for the Choice of some particular Officers they are not so exact in the Summons for that Day for they do presume that every body takes notice of the Business of that Day But whereas in the Record there is only notice taken concerning the Election of Sheriffs on Midsommer-Day it is notoriously known to all Gentlemen that are Inhabitants in London There is also on that day a Choice of Chamberlain and Auditors of the Bridg-house and Chamber Accounts and so down to Ale-Conners and the Sheriffs of London quâ Sheriffs of London in these Elections are no more in the Case than any private man is That as soon as the Election of these Officers is dispatched for I my self have had the Honour to serve the City some time and know their Methods very well therefore I take the liberty to explain it to some of these Gentlemen that are Foreigners My Lord I say as soon as ever this is done an Account is given to the Mayor and Aldermen and the Mayor orders the Dissolving the Assembly And my Lord it was frequent before people were so ambitious to come into the Office of Sheriffs as they have been within two or three years last past till which time it was not known that People were fond of the Office for they used to go a Birding as they call it to get in Persons that would Fine off from the Office rather than undergo the burden of it and when that was done then the usual Method was to call another Common-Hall for the Election of another But never made application to Mr. Sheriff to let them have a Common-Hall but the common way was to go to my Lord Mayor's House to know his Pleasure and he of himself appoints a Common-Hall at such time as he prefixes and then intimates the purpose of their meeting and orders the Sword-bearer or other Officer that is Attendant upon his Person in his House to send forth Precepts accordingly and there may be sometimes but one Sheriff at a Common-Hall I have known it sometimes when there hath been never a Sheriff and yet they have not thought they have wanted a Judge of that Assembly but my Lord when all the matter is over and persons are declared to be chosen into this or that or the other Office in the Common Hall then an Officer of the City not an Officer of the Sheriffs but an Officer which is called by the name of the Common Cryer he makes Proclamation upon the Hustings where my Lord Mayor is Judge for all Gentlemen to depart for that time and to give their attendance there at another Summons And now my Lord to make the thing a little more intelligible there is a difference between the Choice of the County Officers and the Corporation Officers For at the Election of City Officers the Common Serjeant the Common Cryer and Town Clerk are the Officers that attend and manage the Common Hall where my Lord Mayor is looked upon to be the Superintendent but at the Election of Parliament men the Writ is directed to the Sheriff and they interpose in all the management and then the Common Serjeant and Common Cryer have nothing to do but at such times the Secondaries of the Compter which are Deputies to the Sheriffs they come and manage the whole Affair This I tell you because I have been pretty well acquainted with the Methods of the City I do very well remember I had the Honour to serve the City of London at that time Sir Robert Clayton was Lord Mayor and there was a great occasion to try a person about the Assassination of Mr. Arnold and the Question was Whether they should proceed to a Poll or not because they were to go to the Sessions-House in the Old Baily in order to the trying of that person That worthy Gentleman being then in the Chair I had the Honour to sit by him ordered the Court to be adjourned for a day or two because they were