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Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
city_n	esq_n	sir_n	william_n	97,805	5	11.5789	5	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

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. LONDON Printed and sold by Richard Janeway in Queens-head-Court in Pater-Noster-Row MDCLXXXIX Pasche xxxvi to Car. Secundi Reg. London ss WIlhelmus Pritchard Miles nuper Major Civit. praedict quaerit de Thoma Papillon in Custod Marem c. pro eo videlicet quod cum duodecimo die Februaris Anno nostri Domini Caroli Secundi nunc Regis Angliae c. tricessimo quinto ipsem idem Wilhelmus Pritchard ac antea abinde pro separat menses ex tunc prox sequend extitit Major Civitat ' London praedict in Officium Majoratus illius debito modo elect praefect jurat ac secundum Consuetudinem Civitat London praedict a tempore cujus contrar memoria hominum non existit in eadem usitat approbat Officium suum Majoratus illius indies intendere debuit pro assiduam diligent ipsius Wilhelmus in regimine Civitat illius pro ipsum secundum debitum Officii sui praedict exequend performand ad honorem dignitat ad Officium illud spectant pertinen praedictus tamen Thomas existens unus de Commitat Civitat praedict sub regimine dicti Wilhelmi virtute Officii sui praedicti praemissor non ignarus sed machinans false ac malitiose invidens felici statui ipsius Wilhelmi in Officio suo praedict necnon ipsum Wilhelmum in executionem Officii illius minus juste inquietare disturbare praedicto duodecimo die Februarii Anno tricesimo quinto superdicto idem Thomas Papillon pro vexatione praefat Wilhelmo adhibend eodem Thoma ad tunc non habente aliquam legitimam vel probabilem Causam Actionis versus ipsum Wilhelmum false malitiose prosequunt fuit extra cur dicti Domini Reg. coram ipso Rege nunchit scilicet apud Westmon in Com. Middlesex adtunc adhuc tent ' existem quoddam Breve ipsius Dom. Reg. de alias Capias versus ipsum Wilhelmum per nomen Wilhelmi Pritchard Militis adtunc Coronator Civitat ' London praed direct ' per quod quidem Breve idem Dominus Rex nunc eidem tunc Coronatori praecepit quod capet ipsum Wilhelmum Pritchard si invent ' foret in Civitat ' London praed ea salvo custodiret ita quod herent Corpus ejus coram Domino Rege apud Westm die cur ' prox post quindenum Pasche ex tunc prox sequend ac respondend praefat ' Thomae Papillon pre nomen Thomae Papillon Armiger de placito trangres quod idem tunc Coronator haberet ibi tunc breve illud Et praedictus Thomas Papillon ex ulteriori nequitia malitia sua praecogitat ' versus ipsum Wilhelmum postea ante retorn ' Brevis praedicti scilicet vicesimo quarto die Aprilis Anno tricesimo superdicto apud London praed videlicet in Parochia Sanctae Mildredae Virginis in Pulletria in Warda de Cheap London praedicum Breve de alis Capias cuidem Johanni Brome Gent. adtunc Coronator Civit ' London praed existem deliberavit exequend ac adtunc ibidem apud Wilhelmum adtunc Major ' Civitat ' London praed ut praefert ' existem praetextu Brevis illius pro Corpus suum capi arrestari ac in Prisona sub Custod ejusdem tunc Coronator per spatium sex horarum ex tunc prox sequem detineri malitiose minus juste procuravit in vituperator ' derogation ' vilipendium praedici Wilhelmi Officii Majoratus ipsius Wilhelmus praed necnon ad damnum prejudicium gravamen ipsius Wilhelmi manifest ' ubi revera de facto praedictus Thomas Papillon praedico tempore captionis arrestionis detentionis ipsius Wilhelmus in Prisona sit ut praefert ' fact ' non habuit aliquam justam vel probabilem causam Actionis versus ipsum Wilhelmum in Premisis praed unde idem Wilhelmus dic ' quod ipse deteriorat ' est damnum habet ad valent ' decem mille librarum inde produc ' sertam c. Die Jovis 6º Novemb. Anno Dom. 1684. Mich. Ter. 36º Car. 2o. B. R. At the Session of Nisi prius for the City of London held at Guild-hall Pritchard versus Papillon London ss SIR William Pritchard late Lord Mayor of the City of London having in Easter Term last brought an Action upon the Case for falsely maliciously and without probable Cause procured him to be arrested and imprisoned in his Mayoralty against Thomas Papillon Esq The Defendant pleaded not Guilty and thereupon Issue being joyned it came this day to be tried before the Lord Chief Justice Jeffreys and the Jury sworn to try this Cause were these Bartholomew Ferryman Thomas Blackmore Thomas Symonds William Whatton John Green Thomas Amy Jospeh Baggs Daniel Chandler John Reynalds John Allen Joseph Caine and William Withers jun. Mr. Mundy May it please your Lordship and you Gentlemen of this Jury Sir William Pritchard Knight late Lord Mayor of the City of London is Plaintiff and Thomas Papillon Esq is the Defendant And this Gent. is in a special Action upon the Case wherein the Plaintiff does declare That whereas the 12th of Februaery in the 35th Year of this King and before and after for several Months then next ensuing he was Mayor of the City of London being duly elected and sworn into the Office of Mayoralty of the said City and according to the Custom of the said City time out of mind he ought daily to attend the said Office in the diligent Government of the said City according to the Duty of his said Office which he was to execute to the Honour and Dignity belonging thereunto That the Defendant Thomas Papillon being one of the Commonalty of the said City and under the Government of the Plaintiff by virtue of his Office aforesaid not being ignorant of the Premises but contriving and falsly and maliciously envying the happy Estate of the Plaintiff in his said Office as also unjustly to disturb the Plaintiff in the Execution of his said Office the said 12th day of February in the 35th Year aforesaid the Defendant for vexation to the Plaintiff not having any lawful or probable Cause of Action against the Plaintiff falsly and maliciously did prosecute the King 's Writ of alias Capias out of the Court of King's Bench against the

Plaintiff by the Name of Sir William Pritchard Knight directed to the then Coroner of the City of London by which Writ it was commanded the said Coroner to take the Plaintiff if found within the said City and safely keep him so as to have his Body before that Court at Westminster upon Wednesday next after 15 days of Easter then next following to answer the now Defendant in a Plea of Trespass And that the Defendant of his further Malice against the Plaintiff afterwards and before the return of the Writ to wit upon the 24th day of April in the 35th Year aforesaid at London to wit in the Parish of St. Mildred the Virgin in the Poultry in the Ward of Cheap London delivered the said Writ of alias Capias to one John Brome Gent. then being Coroner of the said City to be executed and then and there the Plaintiff then being Mayor of the said City by virtue of that Writ maliciously and unjustly did procure to be taken and arrested and detained in Prison under the Custody of the said Coroner for the space of six hours to the Disgrace and Scandal of the Plaintiff and his said Office as also to the manifest Damage Prejudice and Grievance of the Plaintiff Whereas in Truth and in Fact the Defendant at the time of the taking arresting and detaining of the Plaintiff in Prison as aforesaid had not any just or probable Cause of Action against the Plaintiff in the Premises whereby the Plaintiff says he is injured and which he lays to his Damage 10000 l. To this the Defendant has pleaded Not Guilty If we that are of Counsel for the Plaintiff shall prove this matter unto you Gentlemen that we have laid in the Declaration that has been opened unto you you are to find for the Plaintiff and I hope will repair him in Damages for this Affront and Injury Mr. Attorn Gen. May it please your Lordship and you Gentlemen of the Jury I am of Counsel in this Case for the Plaintiff and this Action is brought Gentlemen to vindicate the Honour of the Chair from such Affronts as these which in no Age till of late days our Times of Faction and Confusion it ever met with That by a Person that is a Citizen of London and one of the Commonalty that ought to have paid Submission to the Lord Moyor as his Chief Magistrate and was bound so to do by his Oath as a Free-man should without Cause of Suit arrest the Lord Mayor of the City That there was no probable Cause is evident by his not proceeding in the Action that he had thus brought But Gentlemen we shall shew you in the course of our Evidence that there lay a further Malice in this Case and that there was a Design in it against the Government For we shall give you Evidence that this Design was laid to carry on the great Plot against the Lives of the King and his Brother and for the Subversion of the Government For they contrived it so that they would imprison the Mayor and then thought they the Loyal Citizens will interpose to rescue him and then the Party should rise to assist the Officer he having the Countenance of Authority and being in the Execution of the King's Writ especially if it be considered then who was Coroner and so a publick Commotion would be made a general Mutiny and that would be a fit Opportunity in the Confusion of the City wanting its Chief Governor of doing what they designed Gentlemen we shall prove all that is laid in the Declaration and likewise that the End of this Business was to have had a Commotion for the accomplishing their great Conspiracy as has been opened That Sir William Pritchard was arrested in his Mayoralty I suppose will be agreed or else we shall prove it Mr. Ward Yes yes we agree it Mr. Sol. Gen. Then we will go on and prove the manner of it Swear Mr. Gorges and Mr. Keeling which was done Mr. Keeling pray will you tell my Lord and the Jury were you made a special Bayliff to arrest Sir William Pritchard when he was Lord Mayor and what did you do upon it tell all you know of it and what was designed by it Keeling My Lord all that I do know of it is this It was upon the 24th day of April I have the Warrant here to shew I met with Mr. Goodenough at Mr. Russel's the Cook in Ironmonger-Lane and several others were there and I went away a little while and came again While I was gone from them they put my Name into the Warrant and upon that Warrant I did arrest Sir William Pritchard who was then Lord Mayor at the Suit of Mr. Thomas Papillon I suppose this is the Gentleman pointing to the Defendant I had no Order for it from Mr. Papillon nor ever spoke with him about it but I had Order from the Coroner who upon the arresting of him took my Lord Mayor into his Custody Mr. Attorn Gen. Where was my Lord Mayor then Keeling At Grocers-Hall Mr. Attorn Gen. Was that the place he kept his Mayoralty in Keeling Yes it was so Mr. Sol. Gen. What was he doing when you arrested him Keeling There was some Disturbance upon it among the Officers and People there The Coroner came up to him and said Sir I have a Writ against you I pray you would please to give an Appearance at the Suit of Mr. Thomas Papillon and another at the Suit of Mr. John Dubois and some words there past between him and the Coroner and my Lord Mayor refusing to give any Appearance the Coroner Mr. Brome bid us execute our Warrants upon which I came up to my Lord Mayor and touched him upon the Shoulder and said I arrest you at the Suit of Thomas Papillon Esq and one Ferdinando Burley arrested him again at the Suit of Mr. John Dubois Mr. Attorn Gen. What did you do with him when you had arrested him Keeling The Coroner dismist us and as I take it carried him home to his House Mr. Att. Gen. What Instructions had you what to do in case he made any Resistance and did not submit to the Arrest Keeling I know of no Instructions about any such thing Mr. Soll. Gen. Who was by pray when Orders were given you to arrest my Lord Mayor Keeling Both the Goodenoughs Mr. Att. Gen. He in the Proclamation you mean and his Brother Keeling Yes Richard and Francis Goodenough Mr. Soll. Gen. And who else pray Keeling Several that I did not know Mr. Att. Gen. Can you remember any Body besides the Goodenoughs in particular Keeling There was one a Tallow-Chandler and a great many that I did not know Mr. Sol. Gen. How many do you think there were and where was it Keeling I believe there were about thirty or forty and it was at Russel's the Cooks in Ironmonger-lane Mr. Att. Gen. Did they all come along with you to Grocers-Hall to arrest my Lord Mayor Keeling No

and Sir Robert Jefferies to shew what the Coroner did Keeling I arrested Sir Harry Tulse afterwards Then Sir Harry Tulse was called Mr. Ward My Lord we desire Sir Harry Tulse may not be sworn we have an exception to his Testimony L. Ch. Just What is your Objection Mr. Ward We are informed he and the rest of the Court of Aldermen have joined their Purses to carry on this Suit and then with Submission he is not a good Witness L. Ch. Just Ask him that Question upon a Voyer dire Then he was sworn upon a Voyer dire Mr. Williams Pray Sir is there any Order of the Court of Aldermen to lay out Mony for this Cause out of their Joynt Purses or the Publick City Stock Sir H. Tulse Not that we know of Mr. Williams Pray Sir do you know whether Sir William Pritchard laid out Mony in it or who else doth Sir H. Tulse I cannot give a Positive Answer to that who layeth out Mony upon it nor do I know of any such Order as you speak of Mr. Ward Sir Harry Tulse tho' you know of no such formal Order of the Court of Aldermen yet is there not some direction by the Court of Aldermen about Expending Monies in a joynt way Sir H. Tulse I assure you Sir I know nothing of it L. Ch. Just Come he has given a full Answer to your Question swear him Which was done Mr. Holt. Sir Harry Tulse now you are sworn Pray will you give an account of what happened about this Matter within your knowledg Pray tell the whole Story Sir H. Tulse My Lord about four of the Clock in the Afternoon this Gentleman and two more came to me to my own House and he did arrest me I mean Mr. Keeling that was sworn here before me at the Suit of Mr. Papillon and another of them did arrest me at the Suit of Mr. Duboys Said I to them I do not know that I owe them or either of them a Farthing But what must I do He told me It was only to give an Appearance Said I Gentlemen I shall consider of that Then says he you must go to my Lord Mayor Why where is he said I said he He is in the Custody of the Coroner at his House Where said I He is gone to Skinners-Hall said he This is well said I. So I called for my Man to bring my Cloak Then they told me If I pleased they would take my word till to morrow morning if I would promise to appear I told them they might do as they pleased So they left me and I went first to my Lord Mayor's House but found him not there so I went down to Skinners-Hall and there I found my Lord Mayor all alone and no Alderman only the Officers I asked his Lordship how he came there He told me he was arrested by the Coroner I asked him how long he had been detained and he said but a little time And indeed I think it could not be long for I met his Coach coming back from Skinners-Hall when I went. After that he was detained there till about Eleven of the Clock or thereabouts This is all I know of it L. Ch. Just What became of the Government of the City all that Time Sir H. Tulse There was presently a great Noise all about the City concerning my Lord Mayor's being arrested and abundance of People were gathered together about the Door but there came a Company of Souldiers of the Trained Bands and they kept all quiet There were great apprehensions of an Uproar I saw nothing of hurt done tho And I asked Mr. Brome the Coroner who was by Am I a Prisoner too for I was arrested to day by a Warrant pretended to be from you Says he I have a Writ against you and now you are here I cannot let you go till you have given an Appearance So I took my self to be detained there with my Lord Mayor in Custody and staid as long as he staid and went away with him Mr. Recorder Swear Mr. Wells the Common Cryer and Sir John Peake Mr. Wells was sworn Mr. Recorder Mr. Common Cyrer were you at my Lord Mayor's House when this Hubbub was made pray tell my Lord and the Jury what you know of it Mr. Wells Yes I was there Mr. Holt. Then tell what past Mr. Wells I was not in the Hall where my Lord Mayor was but in another Room by and the Officers came running in to me and told me I must come to my Lord Mayor quickly for he was arrested by some People When I came I found there were none of the Sheriffs Officers that used to arrest People but the Room was full of other Persons My Lord Mayor bid me take the Sword and go along with him for the Sword-bearer was not just then at hand I asked his Lordship whither he was going The Coroner said he was his Prisoner and must go along with him to his House My Lord Mayor bid me presently send out the Officers to summon a Lieutenancy which I did I desired the Coroner and his Men to be gone said I cannot you let my Lord alone and go about your Business No he said except my Lord would give an Appearance he must go along with him I then asked him whither my Lord must go He said he had no place but his own House to carry him to and thither we went where when we came my Lord was put up into a little Room by himself where were none but my self and the Coroner as I remember My Lord Mayor bid me go and see for Sir James Edwards and Sir Harry Tulse and my Lord Mayor that now is and so I went but I found they were arrested too before I came L. Ch. Just How did my Lord go away from thence Mr. Wells In his Coach. Mr. Att. Gen. Were you by when he went away and who was there Mr. Wells Mr. Brome the Coroner was not there when my Lord Mayor went away but there was Goodenough L. Ch. Just Ay he was in trusty hands upon my word Mr. Attorn Gen. The Souldiers prevented the Design and so they let him go again Mr. Recorder Swear Sir John Peak which was done Sir John what can you say to this Business Sir J. Peake My Lord I had order from the Lieutenancy to raise my Regiment upon the news of my Lord Mayor's being arrested which I did in a very little time and came with my Souldiers to Skinners-Hall where I heard my Lord Mayor was and prevented any Stir as it was feared there would have been But Mr. Keeling I believe can tell something more of the Design than he has spoken for I remember at the Trial of the Traitors at the Old Baily he did say that after my Lord Mayor was arrested they did intend something but their Hearts misgave them when the Regiment was up Lord Chief Just That is nothing to this Cause what he said there now he remembers nothing of it

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

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

advantage against me for it I shall strike a Dart into the very Heart of that Mans Credit and yet he have no Remedy So if I have a Mind to talk against the Government I will not do it aloud and speak what I mean openly but I will Whine and Snivel and Cant and make People believe I have dreadful Apprehensions of what is designing and yet not bring my self in any danger for I will keep within bounds all the while though I do more mischief than if I dealt fairly and above-board Alack-a day as Mr. Pilkington said I am for the Preservation of the Liberty and Properties of the Subject and I am for the Law but I find the City is strangely run down in their Rights and Privileges and there are very Arbitrary Proceedings And I am a Citizen and have taken my Oath to preserve the Privileges of the City and I will rather submit to the inconvenience of a troublesome Office than let all run thus and immediately he sets himself Cock-a-hoop as if there were no one that took care of the City besides himself and he were such a Patriot that there were none like him And he and Mr. Bethel and Mr. Cornish forsooth are the only Men of the times the only good Men Men that are for the Liberties and Properties of the Subject and the Rights of the City Whereas these are the only Men that have made an Invasion upon them and done what they could to destroy them and God knows we might all of us have enjoyed very quietly every Man his own if these contesting Rioters and busie Factious Fellows had not come among us Every Honest Man I tell you knows this to be true Gentlemen as to the business concerning the damages that if you find for the Plaintiff is left to your Judgments to consider of and give what you shall think fit upon such an Occasion It is very true it is not so easie a matter to ascertain particular damages in such a Case nor is it in an ordinary way so easie to prove that because Sir William Pritchard was in Prison but five or six hours there he could suffer so much damage as comes to ten thousand pounds As in the Case of a Person of great Quality and Honour it is not easie to prove his particular damage nor in the Case of any of you that are wealthy able sufficient Citizens to say you are a Bankrupt when we all know it is impossible to be true and so no particular damage doth ensue that can be proved yet however if the thing for which the Action is brought were designed with Malice though the ill design be not effected that is no thanks to the Party nor is to weigh with you but the malicious design must govern you Now here I have taken notice to you that the Malice of this design here was not against Sir William Pritchard as such a particular Man but against my Lord Mayor that this Clan that met at Russell's was an overflowing of that Gall or Malice that was in his Heart If Mr. Papillon had brought an Action upon a Bond only certainly it had been nothing but what he might very well do or if he had pretended to sue for a bad Debt that if he had staid would have been lost it had been something But you see what it was and it is as apparent why it was in that Mr. Goodenough said to Keeling threatening him with the displeasure of the Party if he did not do it and Mr. Goodenough and Mr. Brome were such Strangers to one another that he must threaten Brome to complain of him if he did not execute his Writs presently Do they think all Mankind are so dull or blind as not to see through such thin Artificial stuff as this Gentlemen this is the matter The Government is a thing that is infinitely concerned in the Case that makes it so popular a Cause The Government of the City the Honour of your Chief Magistrate and indeed the Honour of the King whose Substitute he was is concerned and that puts a weight upon your Inquiry into the damages of this Case You are to consider you give damages to the Plaintiff not as Sir William Pritchard but as Lord Mayor And your severity in this Case will deter all People from entring into Clans and Cabals to make disturbances and affront the Government It is a thousand times better to keep within their own bounds mind their Callings and Imployments and concern themselves with their own Affairs and leave the administration of the Publick to them to whom it belongs and is intrusted with And according as we say in the Law Maxime so say I to Mr. Papillon and all the Party Ad Consilium ne accedas anicquam voceris And do not be scared with imaginary dangers and groundless Jealousies into tumultuous and disorderly Courses You had much better keep in your Counting-House I tell you again and mind your Merchandice Nay and I do not doubt but you would much rather have done so if there had not been some further fetch in it It was not I dare say out of a frank generous humor to oblige the City that Mr. Papillon would have spent his time and money in the Office of Sheriff no I know he had better ways to imploy both It was not the Generous mind of Mr. Bethel that called him on to be Sheriff of London to entitle him to spend his money but on purpose to be one of the first that should turn all things upside down in the City and disturb the Government And they that succeeded him carried on the Project and they that would have been in but could not had a mind no doubt to follow so Worshipful an Example as he laid before them Then the Jury withdrew to consider of their Verdict and after half an hours stay returned and found for the Plaintiff and assessed Damages to Ten Thousand Pounds and Costs to four Marks L. C. J. Gentlemen You seem to be Persons that have some Sense upon you and consideration for the Government and I think have given a good Verdict and are to be greatly commended for it FINIS The Matters of Fact in ELECTION of SHERIFFS in the Year 1682. Faithfully reported and the Miscarriages of Sir JOHN MOORE then LORD MAYOR and some other Persons in this Matter briefly declared THE open and bold Invasion made upon the Liberties and Franchises of the City and that attended with a Contempt of the Laws of the Land as well as the ancient Customs and Usages of the Corporation doth not only serve to justifie our complaining of the Rape committed upon the Rights and Privileges of the Free-men of London but invites us to detect and lay open the unreasonable as well as illegal ways and methods that have been taken for the overthrow of whatsoever we enjoy either by Law Prescription or Charter For as the electing of Sheriffs is granted by Charters and confirmed by divers