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city_n	london_n	mayor_n	name_n	9,578	5	7.9009	4	false

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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

any Counsel of worthy Men of the Robe or grave Citizens but by a Cabal of thirty or forty Rioters most of them in the Proclamation proscribed as Traitors and run away from Justice upon the Discovery of the Plot. All this speaks Malice and the worst of Malice the thing it self speaks it to pretend a Title with so little or no ground For you plainly observe there is no Title but this riotous Assembly to ground their pretences upon In the Prosecution of this Action there was no Order whatsoever they pretend for to take an Appearance I mean by those that really were at the bottom of the Design For the forty Men at the Consult at Russel's did not meet to be sure to give Order for an Appearance No they had other work to do An Appearance would not do their work For as Mr. Keeling at large could explain it they took all Opportunities to rise and make a Mutiny and take advantage of the Mobile and disturbances to bring about their mainPlot They did not care five-pence for the Appearance But when the Soldiers were up then the Plot was spolied and then my Lord Mayor may go home if he will. Gentlemen we shall prove what I have opened to you tho' I am perswaded not one of you but know it as well as I. Mr. Sol. Gen. Shew the Records of the Conviction of the Riot L. C. J. Hold Mr. Sollicitor I tell you before Hand that as I stopp'd them from urging the Trial for the Rior as any Determination of the Right of Election or as any ways tending to the Question now before us So I must not let you neither enter into that matter The business of the Indictment Conviction and Sentence upon the Rioters makes nothing either to the Right of Election or this Right of Action And therefore as I said to Mr. Ward it was nothing to the Purpose to mention it on that side So it is to no Purpose I must tell you to mention it on the other side For it was no Determination of the Point of Right one way or other And he could not give it in Evidence that that was a Litigation of the Matter in Dispute and upon the Decision of that Indictment till which he apprehended he had a Right he found it was against him and so desisted No the Right I say was not at all effected by that Trial one way or other For admitting they had a Right or you had a Right yet the gaining your Right must not be attempted in a wrongful manner but they had a lawful Way to come by their Right and if they pursued that well and good if not then they must take what comes of it Mr. Att. Gen. My Lord that Right was insisted on by them as the probable ground of their Action and that we say was no Right L. C. J. Therefore it is to no Purpose to urge it Mr. Sol. Gen. But my Lord with Submission our Answer to their Title is that there was no Colour of Pretence and this Conviction proves it L. C. J. No Mr. Sollicitor that is not any Evidence one way or other Mr. Sol. Gen. If your Lordship please it destroys their very Title which is the Number of the Poll. L. C. J. Lord the thing is as plain Gentlemen as any thing can be You or they may have a good Title and yet do a thing that is unlawful to bring the Title into Possession But then the punishing you for that unlawful Act is not an Evidence either against or for the Title nor doth determine it for you or against you Mr. Sol. Gen. My Lord we submit to your Lordship's Directions in it But then this we say to it the Question now is reduced to this Point Whether there were any probable Cause for the Defendant's Suit against the Plaintiff They have insisted upon it that there was from two grounds They call Witnesses who declare they were of Opinion that the Defendant had the Right of Election by the holding up of the Hands That is one of the probable Causes of their Suit. Now that is clearly gone by this single Point whether the Election was determined upon that holding up of the Hands or they went to a Poll to decide it If they went to a Poll then it is clear the Right of Election was not determined and he could have no Right to be Sheriff upon the holding up of the Hands Then they went a little further and offered in Evidence the Sheriff's Poll-books or the Numbers taken out of them wherein they say the Majority was for Mr. Papillon and so thereupon say they we brought our Action Now to that Objection it is proper for us with Submission my Lord to answer it that that can be no manner of Cause of Action in the World because say we that was no Part of the Election at all nor was it at all to govern the Question of Right one way nor other 't was a Number of Names taken out of the regular Course upon Elections by Persons that had no legal Authority nor was it such a Method as was a Foundation to ground any Opinion upon one way or other much less such a one as would be a Cause of Action These are all the grounds they went upon The first by their own shewing was no ground at all for there was no Determination of the Right upon the View but a Poll was agreed upon The other we shall call Witnesses to prove was irregular and so not legal Swear Mr. Town-Clerk Which was done Mr. Att. Gen. 'Pray' Sir will you give my Lord and the Jury an Account who is to govern the Poll upon the Election of Sheriffs or other Officers at the Common-Hall Mr. Town-Clerk My Lord I never knew a Poll about Sheriffs till about five or six years ago and that was the first Poll that ever I knew and it was between Mr. Jenks and Sir Simon Lewis and indeed it was the first that ever I did read of in any time within the City of London I think I have seen the Entry of all the Elections of Sheriffs that are extant in our Books in all times and I think I did never see in any of those Entries one Poll that was ever taken for Sheriffs it is only mentioned Such an one elected by the Mayor by Prerogative and such an one by the Commonalty Among other Books of the City's there is an old Book that is called by the Name of Liber Albus which speaking of the Constitution of the Common-Hall for Election of Sheriffs says First of all the Mayor shall chuse one of the Sheriffs for London and Middlesex for whom he will answer and then the Commonalty shall chuse another to join with him for whom they will answer And if there arise any Difference between them who is elected or not elected it shall be determined in the same manner as it is in the Common-Council This is all the Notice that I find in

Veneration for Majesty as is fit yet we must take the liberty to charge my Lord Mayor That after he had so often interrupted the Election and broken in upon the freedom of the City's choice he did at last labour and as much as in him lay compass the dissolving and cancelling of an Election that had been duly made To this we may add his Lordship's refusing to hear divers Citizens speak when the Hall first assembled on Friday morning and he was upon the Hustings tho' it be his Duty to hear every man that hath any thing to offer and it be their Right and Privilege to say whatsoever they will provided it be agreeable to the matter before them and within the bounds and compass of Law. Nor can there be a greater Evidence of the unreasonableness both of the Faction whom his Lordship hath espoused in this whole matter and of his Indiscretion in heading such a violent sort of men than their refusing to suffer an Act of Parliament to be read tho' often proposed so to be and this after the whole Hall had hearkened to the reading of His Majesty's Order with the greatest Respect and profoundest Silence imaginable And in the next place how can my Lord Mayor answer either to God or his own Conscience in keeping so many thousands together from nine in the morning till past six in the evening when divers contracted sickness and some lost their lives by reason of the excessive heat without coming to a resolve in himself whether he would acquiesce in the Election that was declared on Wednesday before or whether he would insist either upon a new Poll or plead his having chosen one Sheriff by drinking to him and that all which he would allow the Commons was to elect another However as we may understand the capacity of the man by his having his Gown many times on to come down upon the Hustings and pretend to adjourn the Hall and as often off as willing to rest contented in the choice of Mr. Papillon and Mr. Dubois which the Sheriffs had declared two days before with all the wonted solemnity so his sending for Sir G. Jeffreys and Mr. Saunders known Enemies to the City Rights and professedly for the overthrow of the Charter to advise him and his submitting to their Opinions which they durst not subscribe against the Judgment as well as the irrefragable Reasons of the Recorder Mr. Pollixfen and Mr. Williams who signified their readiness to put their hands to what they said are things which he will not be able to account for either before a Parliament or at the Bars in Westminster-Hall And what will the world think of his taking his last resolution from a Letter which he received from a Minister of State seeing as it is an high offence against the Statute of Westminster 3 Ed. 1. to interpose in or disturb the Election of any Officers so it is a high offence against the trust reposed in him and the integrity of a Lord Mayor of London to take any other measures than what are agreeable to the safety and welfare of the City And though we want a name whereby to call his Lordship's retracting his word after he had consented to the having the Poll go on anew for two to be chosen out of the Four who had been named yet we question not but to see a Judicature in England that will both know by what Title to style it and to call him to an account for renouncing all Faith as well as Justice For it is observable that he had not only agreed on Friday night to have the Poll proceed for the Election of Two out of Four but he renewed his agreement as to that particular to divers worthy Citizens on Saturday morning But what shall be said of a man who upon the coming of Sir L. J. receded from his Word as well as from Law and City-Custom Yea it is no small aggravation of his Crime that he re-assumed the pretence of his having chosen one Sheriff by vertue of his Prerogative after he had heard the Secretary affirm that they must take that course though rueret Coelum all things should run into confusion And should his Lordship's memory fail him either as to the Polls being demanded for all Four or as to his granting it there are several Persons who are able to remember it and whose words are beyond all suspicion of falshood The next thing whereof we may justly accuse my Lord Mayor is his usurping the managing of the Poll not only against Law and Usage but when the Common-Hall had devolved it upon and lodged it in the Sheriffs For such was the modesty of those worthy Gentlemen that they would not undertake it tho Custom would have justified them in doing so till they had consulted the Hall and been empowered by them as those in whom the Authority does reside over all Affairs which come before them Here is an Arbitrary Power with a witness not only to claim what his Ancestors never did and which constant usage directly gainsays but to do it in opposition to the Vote of three parts in Four of the Hall who entrusted the Sheriffs with the taking the Suffrages and declaring the Election And as he who engageth once in illegal courses knows not where he shall stop so his Lordship having advanced thus far without fear in himself or Law to countenance him proceeded farther in taking the boldness to declare Mr. N. Sheriff not only without his being confirmed but when 2414. Citizens had expresly declared and polled against his Confirmation Nay as if this had not been the height of Extravagancy his Lordship pretends to declare Mr. Box Sheriff tho he had not 1400 Hands whereas Mr. Papillon and Mr. Dubois had upwards of 2400 in the Sheriffs Books besides some hundreds that polled for them in those that were stiled his Lordships So that he hath robb'd the Freemen of the Right of chusing both the Sheriffs and instead of proposing only one to them whom they may confirm or not as they see good he hath by an arbitrary and illegal power assumed unto himself the imposing two upon them against their Will and Consent It were needless to recount all my Lord Mayor's Miscarriages in this Affair such as not only his denying divers worthy Citizens who were for Mr. Papillon and Mr. Dubois access unto him when his house was free and open to those of the contrary party but the suffering several of the best quality to be affronted and assaulted if not in his very presence at least within his gates And as if it had not been contrary to the duty of his Office as well as the Wisdom of a Man to give up himself implicitely to the Government and Conduct of Sir L. J. he not only permitted that Person to be present at his discourse with several Freemen that came to him about the Privileges and Franchises of the City but he connived at and allowed that Minister

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

of it He pressed them then earnestly to know what he should do Said they you are to desire an appearance to the Action and if he will give it take it and remember my Lord Mayor is the Chief Magistrate of the City and 'pray ' carry it with all respect and regard imaginable to him Mr. Williams You say Sir they bid him to take an appearance if he could get it Mr. Cornish Yes and they declared That their design was only to bring it to an Issue to be Tryed and they would not insist upon any thing but an appearance if it might be had Ld. Ch. Just Wonderful Careful and Civil they were no doubt of it Mr. Cornish This is the Truth and the whole of the Truth that I know of relating to this matter Ld. Ch. Just Mr. Cornish you speak of some of the Aldermen that he said he had been with What Aldermen were those Mr. Cornish There were several of them that he said he had Writs against Ld. Ch. Just You were an Alderman then 'pray ' had he any Writ against you Mr. Cornish I know not whether he had or no. Ld. Ch. Just But he did not require an appearance of you I suppose Mr. Cornish If he had I must have taken notice of it to defend my self as well as I could Ld. Ch. Just Ay no question but you would but were you asked for an appearance or no Mr. Cornish I was told I should be sued among the rest Ld. Ch. Just. But was there any Writ shewn to you Mr. Cornish No my Lord. Ld. Ch. Just Then 'pray ' let me ask you a question or two Did you ever know any man before bring an Action or Sue to be Sheriff of London You have been Sheriff your self we know Mr. Cornish This was a matter that had been much disputed in the City and a question had been depending upon it whether the Right was in my Lord Mayor or in the Sheriffs Ld. Ch. Just. But the question of Right between my Lord Mayor and Sheriffs what was that to Mr. Papillon Did you ever know a man bring an Action or Sue to be Sheriff Mr. Cornish Truly he that experienceth the trouble of it will I believe never be desirous of it Ld. Ch. Just But that is no answer to my question answer me directly Did you ever know any such thing before Mr. Cornish I never did hear of any such that I know of Ld. Ch. Just How then came Mr. Papillon so officiously to desire it Mr. Cornish I cannot answer what his Reasons were I know not Mr. Williams It was an Action to determine the Question that was at that time so much litigated in the City of London Mr. Att. Gen. Mr. Cornish 'pray ' will you answer me one thing Were you never in no Company wherein it was agreed this Suit should be brought and carried on in their names Mr. Cornish Mr. Attor Gen. I never meddled nor managed it Mr. Att. Gen. Did you never here it was so agreed Mr. Cornish It is known to Thousands as much as I know of it the matter was disputed of in all Companies in the City Mr. Att. Gen. But you do not answer to my question were you ever in any Company when it was agreed that so it should be Mr. Cornish Sir I tell you as well as I can the matter that was to be disputed by that Action was the general discourse of all Societies of men whatever in the City at that time Ld. Ch. Just It is a strange thing that one cannot get a direct answer from these People to any thing one asks them I desire to know one thing of you Mr. Cornish You have known Mr. Papillon the Defendant before this time Mr. Cornish Yes my Lord I have known him several years Ld. Ch. Just Was he ever chosen Sheriff of London before Mr. Cornish Yes my Lord I suppose he was Ld. Ch. Just How chance he did not hold then Mr. Cornish I have heard he Fined as was common and usual when Persons occasions would not permit them to attend the Service of the Place Ld. Ch. Just He did so it is known to thousands as you say that he did Now 'pray' let me ask you another question was Mr. Bethel ever chosen Sheriff before that time you and he were Sheriffs together Mr. Cornish I do not know that he was chosen before Ld. Ch. Just How is that Mr. Cornish My Lord I do not understand what the question is or else I know nothing of it Ld. Ch. Just How did you never hear of that before For Mr. Cornish I do not speak of a thing that no body knows alas thousands and ten thousands of people know that too Mr. Cornish My Lord upon my Oath I do not know that ever he was Ld. Ch. Just Did you ever hear it Mr. Cornish I do not know that ever I did Ld. Ch. Just Did you never hear that Mr. Bethel swore himself off as they call it you know what I mean. Mr. Cornish I do not remember any thing of it Ld. Ch. Just Nay nay it is to the matter I assure you Mr. Cornish whatever you think of it I ask you then another question that lies something nearer your memory Upon your Oath when you two were Elected upon Midsummer-day was not that Election vacated and you chosen again within a Week or some little time after And was it not because you had not taken the Sacrament and the Corporation-Oath Mr. Cornish My Lord I do remember there was a second Election Ld. Ch. Just And we remember it too well enough Mr. Cornish That was so lately that any Citizen of London or any one that lived here may remember the Passages of those Times Ld. Ch. Just And you have as much cause to remember it as any man I assure you for several reasons that I know Mr. Cornish My Lord I think I have reason to remember it Ld. Ch. Just Least you should forget it I will enlighten you and refresh your Memory a little I ask you again upon your Oath Was not your first Election set aside because you had not taken the Oaths and the Sacrament Mr. Cornish There were two Elections my Lord I say I do remember Ld. Ch. Just. Sir do not prevaricate with me I expect a positive answer Was not that the reason upon your Oath Mr. Cornish I cannot say that was the positive reason Ld. Ch. Just Then I ask you upon your Oath had you taken the Oaths and the Sacrament as the Law requires Mr. Cornish My Lord Mr. Bethel was a stranger to me I did not know him before that time Ld. Ch. Just Gentlemen Men must not think to dance in a Net and blind all the World. As to my one self I know these things very well without any of their assistance and I only ask these things by the bye to let the world be satisfied what sort of men these are that pretend to Saintship and yet you see one

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

Suit that is to be looked after by the Officer himself Whatsoever was the Usage in that matter we are not to answer for tho it is plain an Appearance would have done all presently we shall prove we gave order to use all Deference and Respect in the World. And besides tho I could not speak it to invalidate any of the Evidence given about the Right of Election one way or other yet there being a Return of the Defendant's Election by the Sheriffs to the Court of Aldermen but they being of another Opinion gave Order that those that thought themselves aggrieved should take their Remedy at Law Which Order we have pursued in that regular course that the Law has prescribed And I hope it will never come to that that a Man tho mistaken conceiving himself to have a Right of Action and suing out the King 's Writ shall suffer for so doing unless particular Malice be made to appear Here is a great Noise of Damage and Disrepute and Disgrace to the Plaintiff and his Office and he has been pleased to reckon his own Damages at 10000 l. We say he has sustained no Damage by any thing we have done but we are quite not guilty of this unreasonable and malicious Prosecution laid to our Charge And that we are not guilty the matter that has been opened we think will sufficiently declare For if there were a Contest about the Election and the Sheriffs returned it as their Opinion that the Defendant was chosen tho they and he too were mistaken yet that might give a probable Ground for his pursuing the course he did take and the very Court of Aldermen and the Lord Mayor bidding them take their Course at Law we sure shall not be punished for it We did not prosecute our Question in any malicious way but in that Course that the Law allows by taking out the King 's Writ and we hope the Law will protect us for it Mr. Williams Will your Lordship be pleased to spare me a Word on the same side with Mr. Serjeant Maynard I am of Counsel Gentlemen with Mr. Papillon the Defendant in this Action We do not insist upon it nor now offer any thing-to assert our Election We did apprehend we were Elected but that is ruled against us and we rested satisfied with it But we come here now before you upon this Question Whether we had any probable Cause of Action upon which we might take out this Process mentioned in the Declaration which is a Capias upon a Latitat And we do insist upon it that this Action of the Plantiffs must fall upon the Issue joined if we can satisfy you and shew that is was not malicious and without probable Cause And though our Cause of Action against the Plantiff falls out in the Event not to be a good and sufficient Cause yet if it were probable it will evade this Action and that is all we labour for They do not attempt to prove at least-wise I have not heard any thing of it that there was any express Malice any thing either said or done by the Defendant more than the causing him to be arrested upon this Writ It is very well known it was in the City of London a very much controverted Question Whether Mr. Papillon and Mr. Dubois or Sir Dudley North and Mr. Box were chosen Sheriffs of London I would not run over the History of it it is but too well known and remembred the Divisions that were in the City about it Some were so much dissatisfied with the swearing Sir Dudley North and Mr. Rich Sheriffs as thinking them not duly Elected that they would have the Court of King's Bench moved for the Writ of Mandamus to swear Mr. Papillon and Mr. Dubois This Mandamus was moved for and granted and to this Writ the Mayor and Aldermen to whom it was directed made a Return that we were not Elected Sheriff of London which Return was apprehended to be false and really to try the Truth of this Return was the Action brought against the Plantiff A Man that is injured by a False Return hath indeed no other way to right himself but by bringing an Action against them that made it Upon this Action brought I hope you are satisfied Gentlemen from the Evidence that has been already given the Defendant proceeded regularly and orderly in a decent manner applying himself to get an Appearance to his Action And we shall prove he did so For first he took out a Latitat against my Lord Mayor and by the Attorney gave him notice of it and desired an Appearance so that the Question in dispute might come to some determination But he was not pleased to give us an Apperance to that Writ so we took out a Capias gave him notice of it and desired an Appearance but could have no Appearance whereupon we took out an an alias Capias which is the Writ mentioned in the Declaration and the Coroner who has been named was then told he should be called upon to make some return to his Writ which he acquainted my Lord Mayor with and desired him to give an Appearance which he refusing to do the Officer was constrained to arrest him to execute the King 's Writ and you hear how he treated him with all the respect and carried him to his own House where he staid some hours and then went away All this time were we satisfied with what was done we expected no more than an appearance which at last was given Upon that Appearance we did declare in the beginning of Hilary or Easter Term 83. But it fell out that in Easter Tearm 83 there was an Information for a Riot upon Midsommer-day before about this contested Election came to be tried And that coming to Trial 10 Maii and being found to be a Riot and the Sheriffs sworn to be duly elected thereupon we were abundantly satisfied that we were mistaken and under misapprehensions and that our Cause of Action would not hold and we did discontinue it Indeed if we had prosecuted our Action after that it would have been more like an Angry and a Silly Prosecution and the whole have had a worse Construction than the thing in it self would bear But when we found the Opinion of the Court to be against us about our Election we immediately discontiued our Action Gentlemen we shall prove these to have been our Proceedings and that I hope will satisfy you we are not guilty according as we have pleaded Mr. Ward May it please your Lordship and you Gentlemen of the Jury I am of Counsel on the same side for the Defendant and desire to be heard one word as to some Things that have been said on the other side in this Cause There have been some Questions asked that do very much reflect upon the Defendant and which I would take out of this Cause I shall take notice first what the Questions were and then give them that regard and answer which

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