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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
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

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

a Riot we must take what advantage we can in point of Law Mr. Serj. Jefferies We come to counsel the King as we ought to do by Law Mr. Thomson My Lord I challenge on the behalf of my Lord Gray this Jury Challenge read Seignior Gray Mr. Attorn Gen. They call that a Newgate Challenge Mr. Wallop That was a Challenge taken at the Old Baily Mr. Thomson And over-ruled Mr. Serj. Jefferies And I pray it may be so here L. C. J. I think your Challenge is that they are not Sheriffs Mr. Thomson My Lord is the Fact true or false I desire of these Gentlemen if it be insufficient in point of Law let them demur Mr. Serj. Jefferies Pray tell me Robinhood upon Greendale stood and therefore you must not demur to it Mr. Thomson If the Challenge be not good there must be a defect in it either in point of Law or in point of Fact I desire on the behalf of my Lord Gray this Challenge may be allowed Mr. Serj. Jefferies And I pray for the King that it may be over-ruled L. C. J. I think you have owned them to be Sheriffs already Mr. Serj. Jefferies My Lord Gray did own it in his Challenge because there were no Knights L. C. J. We try a great many Nisi prius here sometimes two or three days after the Term every Defendant that thinks it goes hard with him we must have a Tryal still whether the Sheriffs be Sheriffs or no This that you have done now may be done in every Cause that we may be trying Upon your Evidence if you can prove them none you go a great way Mr. Thomson My Lord We desire the Challenge may be allowed or otherwise a Bill of Exceptions My Lord we pray a Bill of Exceptions Mr. Serj. Jeoffries This Discourse is only for discourse sake I pray the Jury may be sworn L. C. J. Ay ay swear the Jury Sir Benjamine Newland c. sworn Mr. Thomson We challenge Mr. Fensil he hath given Evidence in this Cause at the Council-Table L. C. J. What then Mr. Attorn Gen. My Lord They shall have all fair L. C. J. Mr. Attorney says he won't stand upon it Mr. Thomson My Lord we pray a Bill of exceptions L. C. J. I think many would not have offer'd it besides you Shall I go and sign a Bill of Exceptions to let all the World know this is so and so all the World must try whether they be Sheriffs of London Mr. Thomson My Lord don't say so for I think all the Councel in the Court would L. C. J. If it doth fall out that in truth they don't happen to be Sheriffs surely you shall have all the advantage that can be for you but pray don't think that I will put off a Tryal upon every suggestion that the Sheriffs are not Sheriffs You shall have all that is Law by the Grace of God and I am not afraid that you or any man should say I don't do justice I am not bound to gratifie every man's humour I am to do according to my Conscience and the best of my knowledge and according to my Oath and I will do that and gratifie no man The Jury Sir Benjamine Newland Sir John Matthews Sir John Buckworth Sir Thomas Griffith Sir Edmund Wiseman Percival Gilburne Henry Wagstaff Barthol Feriman Thomas Blackmore Samuel Newton William Watton George Villars Cryer O yes O yes O yes If any man can Inform my Lord the King's Justice the King's Serjeant or the King's Attorney or this Inquest now to be taken c. Mr. Dolbin May it please your Lordship and you Gentlemen of the Jury This is an Information brought by the King against Thomas Pilkington Gentlemen the Information sets forth That upon the 24 th of June last in Guildhall there was a Common Hall summon'd by Sir John Moor Knight and thereupon held for the Election of Sheriffs for the Year then ensuing the Feast of St. Michael And that on the same 24 th of June Sir John Moor then Mayor adjourn'd the Court till the Tuesday following by Proclamation That after the said Adjournment my Lord Mayor made Proclamation for all Persons to depart and that the Defendants intending to disturb the Peace of the King after the Adjournment aforesaid did unlawfully with many Persons unknown meet together and Riotously assault the Lord Mayor And after the Adjournment by Proclamation two of the Defendants Pilkington and Shute by colour of their Office as Sheriffs of this City and the rest of the Defendants did continue the Poll and unlawfully affirm to the People That Sir John Moor had no Power to Adjourn them And that they continued this great Tumult three hours to the Terror of the King's Subjects and the evil Example of others and against the Peace of our Soveraign Lord the King To this the Defendants have pleaded Not Guilty c. Mr. Att. Gen. This Information my Lord is brought for setling the Peace in this City and to shew before you all who is the Supream Magistrate under the King in this City For that Gentlemen you see is grown a great Question Whether my Lord Mayor is not only in the Hall but in his Chair the Supream Magistrate Gentlemen I must acquaint you That my Lord Mayor in all times even before the City had the Election of him was the King's Lieutenant and the Supream Magistrate in the City and no Publick Assemblies could ever meet together without his Summons he was the great and chief Directer and this I believe in all your Observations that are of the Jury I can make it evident That this hath been the constant frame of this Government in the City For the Sheriffs Gentlemen they are no Corporation Officers they are County Officers as in all the Counties of England and they are the King's Officers for the execution of the King's Writs and the Preservation of the King's Peace but the Government of the Corporation is in the Mayor and not in the Sheriffs Gentlemen The Question now arising here is about the Election of Sheriffs it 's true there was very disorderly Tumultuous Proceedings my Lord Mayor he comes and doth appoint another day for them and discharges them at that time We will make appear to you that it was always his Right in all times both to Summon a Common Hall and dissipate it and appoint them another day or to Dissolve them as the Mayor did see cause The Mayor having according to the ancient manner Adjourned this Court the Sheriffs they proceed do not only refuse to obey but they proceed and make Proclamation That it is not in the Power of the Mayor taking upon them that which never any Sheriffs did in any time they make Proclamation contrary to what the Mayor had done and continue the Poll and proceed and Proclaim the Mayor had usurped that power which was theirs though afterwards they transferr'd the Supream Power to the Livery-men But I think no age will suffer

to go to the Sessions There was no asking the Sheriffs Opinion when Sir Robert Clayton was Lord Mayor nor there was no such thing then but now the Case was altered for Sir J. Moor was Lord Mayor Now my Lord Sir John Moor like a good Magistrate endeavouring to preserve the Priviledges of the Chair there happened a Controversie amongst the Members of the Common Hall whereby the publick Peace of the Kingdom might have been very much injured as well as the Peace of the City much disturbed To prevent which Sir John Moor with the advice of his worthy Brethren the Aldermen came upon the Hustings and found they were all in an uproar and not cool enough for any Debate for they were wound up to that height of Fury or Madness that they had not a good word to bestow upon their Magistrates nor upon him whom their chief Magistrate did represent For we must tell you when they cried Pray God bless the King as is usual for the Officer upon such Occasions many cryed No God bless the Sheriffs the Protestant Sheriffs Whereupon my Lord Mayor for preservation of the Peace adjourned the Common Hall and required the Members to depart and come down off the Hustings the Rabble for by the way a great many of these persons in this Information as Mr. Goodenough and the rest of them were not Livery men nor concerned in the Election one way or other but came there on purpose to foment and to raise up the spirits and malignant dispositions of a sort of people that are Enemies to the Government they came to foment Quarrels and not maintain Peace My Lord when my Lord Mayor came off the Hustings they came upon him had him down upon his Knees and his Hat off and if some Gentlemen had not come in they had trod him under feet such an Indignity was then done to the Lord Mayor of London who I think I may say deserved as well from the Government of this City as any Gentleman that ever presided in that Office that before had not been heard My Lord We will call our Witnesses to prove the manner of the Elections to be as I have opened it and to prove the matter in the Information Call the Common Serjeant and Mr. Lightfoot the Common Cryer and the Sword-bearer Mr. Att. General Mr. Lightfoot Pray give an account to the Jury and the Court of the manner of Election and chusing of a Common Hall and the manner of it Mr. Lightfoot My Lord I have been almost 25 Years an Attorney I always took it that the Serjeant of the Chamber had order to go down to the Clerks or Beadles of the Companies to summon a Common Hall by such a day Mr. Att. Gen. By whose Command Mr. Lightfoot By my Lord Mayor's Mr. Att. Gen. In all your time did the Sheriffs ever summon any Mr. Lightfoot O no. Mr. Serj. Jefferies Pray Mr. Lightfoot thus When they were met what was the usual Method Mr. Lightfoot Before the Lord Mayor and Aldermen were set the People walked up and down the Hall till the Lord Mayor did come but as soon as my Lord Mayor came the Common Cryer made Proclamation O yes you good Men of the Livery summoned such a day for Election and so draw near and give your Attendance Mr. Att. Gen. Whose Officer was the Common Cryer Mr. Lightfoot My Lord Mayor's Officer Mr. Serj. Jefferies A Corporation Officer Mr. Att. Gen. Now for the dissolving them Mr. Lightfoot When they have done the business Mr. Town-Clerk as I take it takes his direction from the Lord Mayor and he bids the Officer make Proclamation You good Men of the Livery depart hence for this time and appear at a new Summons Mr. Att. Gen. Did the Sheriffs ever dissolve them Mr. Lightfoot Never Mr. Att. Gen. Did the Common Hall do it Mr. Lightfoot No there was no such thing Mr. Jones Mr. Lightfoot After my Lord Mayor had dismist the Hall did you ever hear the Sheriffs keep them together Mr. Lightfoot All the People went away till within this three or four Years Mr. Jones Since when Mr. Lightfoot Since Mr. Bethel about that time Mr. Serj. Jefferies Ay in Bethel and Cornishes time then began the Bustle Mr. Williams You say you have been an Attorney 25 Years I would ask you in all that time Mr. Lightfoot in all that time did you ever know the Lord Mayor adjourn the Common Hall to a certain day Mr. Lightfoot There was never any occasion Mr. Thomson Answer my Question Mr. Lightfoot I never did Sir Fr. Winnington I would ask you another Question Mr. Lightfoot Did you ever know before the Election was over when the Electors were chusing Sheriffs or polling or debating it did you ever know in the middle of it the Mayor against the will of the Sheriffs adjourn it Mr. Lightfoot No no. Mr. Sol. Gen. Did ever the Sheriffs undertake to keep them together before these late times Mr. Lightfoot No never Mr. Thomson Pray Sir this Though it is usual after the Sheriffs have taken the Poll to acquaint my Lord Mayor Did you ever know that the Sheriffs have adjourn'd the Common Hall without acquainting my Lord Mayor Mr. Lightfoot No. Mr Thomson I ask you one Question more Do you remember when there was a Poll between Sir Thomas Stamp and another Mr. Lightfoot No I did not charge my Memory with it Mr. Thomson Do you remember when there was a Poll between Sir Robert Clayton and Mr. Kaffen Mr. Lightfoot I was about the Hall Mr. Serj. Jefferies Do you remember when there was a Poll between Sir Simon Lewis and Mr. Jenks Who did manage that Poll Mr. Com. Serj. I did Mr. Williams Are you upon your Oath Com. Serj. Yes I am Mr. Lightfoot When they were gone to the Poll I went out of the Hall Mr. Att. Gen. Did you ever look upon it that the Sheriffs had any thing more to do than others Mr. Lightfoot No. Mr. Att. Gen. Who were induced to take the Poll Was it by the Sheriffs or the Lord Mayor Mr. Lightfoot I have been appointed by my Lord Mayor I do know that the Sheriffs have taken upon them to appoint a Poll and then my Lord appointed his Clerks in the House to be assistant to the Common Serjeant and the Town-Clerk I never was but in two Polls one for Mr. Box and another for my Lord Mayor One went on with the Poll in one place and the other in another Mr. Att. Gen. But before that time Sir Mr. Lightfoot I know nothing of that Sir I was never concerned before Mr. Holt. Pray Sir Who used to manage the Poll before this time Sir Fr. Winnington Mr. Lightfoot I would ask you a Question Who managed the Poll before Mr. Lightfoot I have been in a Common Hall when they have been choosing Sheriffs when several have fined And it hath been upon the question when the Hall hath divided and they have Polled in the Hall