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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

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

Sir Fr. Winnington Who Polled them Mr. Lightfoot The Sheriffs and the Officers stood and saw them go out and this is within these few years Sir Fr. Winnington Mr. Lightfoot I ask you thus now in all your Observations when there was any Contest who was Sheriff upon the Election and the Divisions during the time of Election and before it were at an end who did manage it the Sheriffs or the Lord Mayor Mr. Lightfoot When the Court had been proclaimed and the Recorder had spoken to them my Lord Mayor and the Aldermen withdrew from the Hustings and the Sheriffs and other Officers stood there with them then the Commons proposed who they would have put in nomination and they were put up then the Sheriffs have turned back to the Gentlemen upon the Hustings to ask their opinions how are your opinions concerning the Hands We do think it goes so then it hath been declared Sir Fr. Winnington By whom Mr. Lightfoot The Common Cryer or the Common Serjeant Sir Fr. Winnington You say as soon as my Lord Mayor withdrew during the time of Election the two Sheriffs managed the Hall Mr. Lightfoot In that manner with others Sir F. Winnington Mr. Lightfoot Do you remember who Adjourned the Hall when Mr. Bethel and Mr. Cornish were Chose Mr. Lightfoot I can't tell Mr. Ser. Jefferies Mr. Com. Ser. Are you Sworn Mr. Com. Serj. Yes Mr. Serj. Jefferies Pray will you tell my Lord and the Jury what you have observed in particular because I mentioned it in the time of Sir Robert Clayton mention how that was Mr. Com. Serj. My Lord when the Common Cryer hath made Proclamation the Lord Mayor and Court of Aldermen being set upon the Hustings Mr. Recorder makes a Speech as soon as that is done my Lord Mayor and the Aldermen retire into this Court leaving the Sheriffs and me and the rest of the Officers upon the Hustings and I there manage the Election and when the Election is made I go up to the Court of Aldermen and make Report of what hath been done in the Hall I declare the Election and I manage the Election and do it as the duty of my Place Mr. Williams Who manages the Election Mr. Com. Serj. I manage the Election I declare what is my opinion of the Election in the Hall and I come and make Report to my Lord Mayor in this Court then my Lord Mayor and the Aldermen and the Recorder come down again I remember particularly when Sir Robert Clayton was Lord Mayor it was about the Choice of Mr. Bethel and Alderman Cornish and there was a great disturbance in the Hall then I came into the Court and after I had made my Report I offer'd to give the Paper to the Recorder that then was Sir George Jefferies he told me that the people wou'd not hear him and therefore he wou'd not take the Paper Upon that Sir Robert Clayton said to me Prethee do thou speak to them they will hear thee if they will hear any body for the Hall was in a great uproar and they call'd to throw me off the Hustings and then I made Answer to Sir Robert Clayton Sir It is not the duty of my Office and when I do any thing that is not my Office I shall expect particular Directions Then saith he You must tell them I must Adjourn them till Munday because I go to the Old Baily to try the Assassinates of Arnold Thereupon the Hall was Adjourned and Proclamation made to depart and my Lord Mayor attempting to go was beat back twice or thrice but at last they let him and the Aldermen go and kept the Sheriffs and me till Evening At last Mr. Papillon came up to me Mr. Papillon says I I am glad to see you you will hear Reason says he why do not you go on with the Poll I told him my Lord Mayor had Adjourned the Hall Says he I did not hear it before but now you tell me so I will go out of the Hall Says I Sir you will do very well to tell the Hall so which he did and some went away and further Adjournments were made by the direction of my Lord Mayor Mr. Att. Gen. I would ask you a Question or two Who do you look upon to be the Chief Magistrate of the City Mr. Com. Ser. My Lord Mayor Sir Mr. Att. Gen. Pray in all your time till this was there no Uproar Did ever any Sheriff undertake to Control the Mayor in the business of putting Questions or taking Votes Mr. Com. Serj. Sir there was never any dispute till Mr. Sheriff Bethel was upon the Hustings and then there was Mr. Att. Gen. As whose Officer did you do it Mr. Com. Serj. My Lord Mayor's and the City of Londons I have nothing to do with the Sheriffs for when there is a Writ comes for the Choice of Parliament men directed to the Sheriffs I never do it but Mr. Secondary Mr. Att. Gen. I speak of later Disturbances Mr. Com. Ser. The first Dispute about Sheriffs since I was Common Serjeant was about Mr. Jenks and that Poll was taken by the direction of the Lord Mayor by the Town Clerk and my self and our Books say If there be a Dispute in the Common Hall it must be decided as in the Common Council It is in Liber albus Mr. Att. Gen. Liber niger Mr. Serj. Jefferies No Liber albus Mr. Att. Gen. Liber albus It is Liber niger they turn the white Book into a black Book now Sir F. Winnington At that time Sir when my Lord Mayor was willing to go to the Old Baily Did the Sheriffs do any thing farther Mr. Com. Serj. The Sheriffs did not meddle in the matter Mr. Serj. Jefferies Mr. King Pray give my Lord and the Jury an account of what you know of this matter Mr. Peter King I have been at a Court of Common Hall 28 years my Lord and have been concerned I never looked upon the Sheriffs to have any concern there And I do very well remember Sir George Jefferies I do remember and know they did always in ancient times take advice of the Officers by and they never did esteem themselves in those days to be any more concerned than as the best Officers to be preferred before the rest When my Lord says Come up they come in order the Masters and Wardens of the Companies Mr. Att. Gen. Who did do the business upon the Hustings Mr. King All of them Sir altogether Mr. Att. Gen. Was there never any difference about the Votes Mr. King Sometimes they have stood upon it Mr. Att. Gen. When there was a Question made to know who had the most who decided it Mr. King They generally asked one another What do you think and what do you think I speak for 20 years together since the King came in Mr. Att. Gen. I hope in God there hath been a King in England for 20 years though perhaps some of the Sheriffs that were then

William and took up in Bruens Coffee-House about five or six a Clock there he continued quiet in the House till all the noise was over then he sent to inquire for Sir Will. Gulston and hearing he was at Sir Thomas Player's he and Sir William went to a Tavern and there they treated and finished the affair My Lord we will prove it call Mr. Ireton Mr. Ireton My Lord I know that at this very time my Lord Gray was treating with Sir Will. Gulston about the Mannor of Corsfield in Essex and my Lord Gray and Sir Will. Gulston had appointed to meet that night at t'other end of the Town if the Poll were ended In the evening I met my Lord Gray who told me he had been with Sir Will. Gulston in London and had dispatched the business L. C. J. Did my Lord tell you so Lord Gray He treated for me my Lord with him L. C. J. Pray for Gods sake you must lay your matter a little closer together if he was to treat about the purchase of a Mannor Was there no convenient place for company to treat about it but while they were casting up the Poll-Books with the Sheriffs and Goodenough Was that place fit Mr. Holt. My Lord had appointed to speak with Sir Will. Gulston that day in Covent-Garden if the Poll had been over but not finding him there came into the City Lord Gray That Gentleman went between Sir Will. Gulston and I. L. C. J. Where were you to meet Lord Gray At the Rose Tavern in Covent-Garden L. C. J. What made you here then Lord Gray Not finding him there I came hither and spake with Sir Will. Gulston in that very Room The Poll was over and the Company gone Mr. Williams Mr. Ireton Do you know there was any treaty between my Lord Gray and Sir Will. Gulston about the sale of any Land Mr. Ireton Yes Sir I do Mr. Williams When was that treaty Mr. Ireton About a Twelve-month since Mr. Williams Do you know they had any discourse about it Mr. Ireton Sir they had I think it was Midsummer-day the day the Election of Sheriffs was Mr. Williams Were they about that treaty that day Mr. Ireton That day my Lord. Mr. Williams Where was the treaty Mr. Ireton In Sir Thomas Player's House Mr. Williams What time of the day Mr. Ireton About Twelve a Clock Mr. Williams Where went my Lord afterwards Mr. Ireton My Lord went to Dinner as he told me in the Hay-Market Mr. Williams Did you know of any appointment to meet again Mr. Ireton I was Informed so but cannot positively tell Mr. Williams Sir Thomas Armstrong Pray Sir will you give an account where my Lord was that day Sir T. Armstrong I came up this way about six a Clock and was in a Coffee-House by Guild-Hall Mr. Williams Do you know any thing about that treaty Sir T. Armstrong I saw them together that Night I saw them together at Sir Thomas Player's about Twelve a Clock and again at Eight Mr. Williams Do you know any thing of treating about this Land in Essex Sir T. Armstrong No I do not Mr. Att. Gen. You did not see them in the Chamber Sir T. Armstrong Does any body say I did Lord Gray My Lord I will give you an account of it Mr. Williams My Lord Mr. Ireton tells you this my Lord Gray and Sir Will. Gulston were in treaty about buying these Lands that very Mornning together says Sir Thomas Armstrong about Noon afterwards my Lord went to the Hay-Market and staid there till evening and my Lord and Sir Will. were together again at Night My Lord this case will depend upon your Lordships directions It is very plain that my Lord Mayor of London hath the summoning the Common-Hall and when the business is done he hath the discharging them My Lord if it be true what Mr. Love and others say they tell you that in all their time their opinion is so that it belonged to the Sheriffs and not to the Lord Mayor what may be the consequence lies in your Lordships opinion Now for the consequence of it if it were no more than a matter of opinion and right and the Sheriffs insist upon it Are these Defendants and the Sheriffs guilty of these outrages For there is nothing proved upon them This don't make them guilty of any thing more than a bare continuing the Poll. Therefore my Lord I must submit to your direction how far the Jury will find us or any of us guilty of a Riot in this case Sir F. Winn. My Lord we agree they did continue the Poll and the Defendants did apprehend it was lawful for them so to do if the Jury should think they did misapprehend what was the ancient usage of the City if your Lordship should be of Opinion that by Law the Lord Mayor ought to do it yet I do say it being so probable a Case their insisting upon it will not make it a Riot Your Lordship will be pleased I hope to take notice of it if they find the Mayor hath power to adjourn it Mr. Wallop I humbly conceive that the Information does in truth destroy it self for it is agreed on all hands as the Information sets forth that they came together upon very lawful occasions and the Information sets forth that by colour of their Office they did as if they were lawfully assembled Now my Lord they have overthrown the Definition of a Riot for a Riot is when three or more do come together to do an unlawful act and they do it So that it is a very hard matter to make this a Riot L. C. J. Does not this matter appear upon Record Mr. Holt. No no my Lord it don't Mr. Wallop If men do lawfully meet together if by chance they fall together by the Ears and commit many misdemeanours this can never be a Riot But say they here was an adjournment a command by my Lord Mayor to adjourn the Court and they continue after adjournment Now my Lord the Question is whether he had power to adjourn it or no the Citizens did insist upon it that he had no power Now Gentlemen of the Jury if you find in your conscience that the Citizens had a probable cause and they insist upon it this can never be a Riot Mr. Holt. It doth appear that they were lawfully assembled together And for the throwing off my Lord Mayor's Hat suppose that my Lord Mayor hath a power for to adjourn the Court yet my Lord it must be agreed that those that come thither must have a convenient time to depart for my Lord Mayor as soon as ever he had adjourn'd the Court he went away and all the Hall could not go of a sudden but must have a convenient time to go some followed him immediately and the other Gentletlemen that staid behind not at all consenting to that rude action about my Lord Mayor cannot be guilty for there is no proof of any miscarriage committed