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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

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

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

is charged upon us is That we were in the Hall it seems and because there was this noise heard therefore we must be guilty In this crowd where we are I hear hissing especially at to'ther end of the Hall which of us are concerned in it is a hard matter to judge it is a hard matter and it were very well and it had been very happy if some of those persons had been apprehended for their hissing I won't say Gentlemen that either one party or to'ther in the Contest made the noise of hissing but there is nothing of it fixt upon any of us Our Case is this my Lord with favour when we have stated our Case and proved it we are very innocent and not guilty of the Riot In some measure it hath been stated on the other side They say in the Information that the Lord Mayor called a Common-Hall we don't dispute that matter we agree it that the Lord Mayor of London is the Kings Lieutenant but to make such and inference That because the Lord Mayor is the King's Lieutenant in the City of London that he must execute all the Offices in the City is of no credit in the world so that they are mistaken in that Men are bounded in their Offices The Lord Mayor does not execute all the Offices in the City though he be Lord Mayor The question between us is this Whether the Sheriffs in this case did more than their Office as Sheriffs of the City of London There is a superiority due to the Lord Mayor Another thing we agree with them we agree it is in the Lord Mayor only to call these Com-mon-Halls and as Mr. Serjeant Jefferies that hath been in a good Office in the City he agrees it himself and it is apparent there are some fixt days for Election but yet though there be fixt days for Election yet there must be that Formality of a Summons from the Lord Mayor to the City to meet in order to the Election of Sheriffs for the City of London and other Officers that we do agree that my Lord Mayor hath the Power of calling Common-Halls and he is the proper Officer We agree also Gentlemen that when the business is done for there is nothing in vain in nature and there is nothing in Government that should be in vain when the business is done my Lord Mayor is to bid the Company Fare them well which you may call discharging the Common-Hall we agree that to be commonly and usually done by my Lord Mayor But herein we differ which we are to try the right of the Office of Sheriffs being the question it is a question of right and I don't see the Government is concerned one way or other L. C. J. Upon my word I do see it and surely you must be blind or else you would see it too when a company is got together no God save the King No King no Lord Mayor Mr. Williams My Lord I thought I had opened it plainly I speak before a great many people I desire my Lord this may be very well heard I thought I had said very well from all these Noises and Cries we are all innocent we justifie nothing of it only we would have been glad if they had apprehended any man that made that noise it had been a very happy thing if one of them or all of them had been Defendants to be tryed My Clients are Defendants they are innocent and unconcern'd it is a Crime committed by some where these Gentlemen were by but they are innocent we hear hissing at t'other end of the Room it was an ill thing and of a Treasonable complexion but for these Gentlemen they are unconcern'd The Question between the Lord Mayor and the Sheriffs of the City is a Question of Right between the Mayor and Sheriffs Whether it be the Prerogative of the Mayor or the Right of the Sheriffs and I say under correction again this Question Whether the Lord Mayor of London may adjourn the Common-Hall to a certain day is a question of Right Whether he can do it or the Sheriffs And I don't see what consequence it can have upon the Government The Lord Mayor is the King's Deputy the Sheriffs they are the King's Officers and the Question is Whether it be in the Lord Mayor or the Sheriffs of London to adjourn it They are very good Subjects I am sure this very Year they are so therefore I wonder at these Gentlemen of the King's Counsel that will meddle with the Government and say the Government is concerned in this I appeal to any man if there be any more concern in this I say this here was a Common-Hall call'd grounded upon Custome in the City of London and here is a single Question Whether these Sheriffs did any more than their duty whether they were guilty of a Riot in continuing this Poll. Gentlemen this is the method we shall take First of all it is not proved that ever the Lord Mayor before this time did ever attempt to adjourn a Common-Hall to any certain time all the Witnesses that were call'd that pretend to be knowing in the Customes of London the Common Serjeant himself he does not pretend that it was adjourn'd to a day Mr. Serj. Jefferies You mistake Sir Robert Clayton did from Saturday to Munday L. C. J. What need if there had been no President if so be an Asembly of People are met about business and they can't make an end of it in a reasonable time must they be kept all Night till they have What Argument will you make of it If a man may call and dissolve do you think if there be occasion but by the Law it self that he may adjourn to a convenient hour Mr. Williams That will be a question between us My Lord what I say certainly of Fact carries something in it L. C. J. Not at all Mr. Williams Then my Lord I have done L. C. J. Give us leave to understand something Sir Sir Fr. Winnington My Lord by your Lordships favour L. C. J. I spake to Mr. Williams and he takes it so hainously at my hand that Facts signifie nothing I do again say it The fact signifies nothing For I tell you again as Law it is not denied the Lord Mayor may call he may dissolve then I say by Law without Fact by Custom he that can both call and dissolve may adjourn to a convenient time Do not Judges of Assize in all the Counties of England do it when a Cause is appointed to be tryed in such a County such a day and it may be it is tryed 3 daies after and yet I pray find me the Statute or Commission or find me one thing or another besides the very Law it self that doth give them leave to adjourn from time to time Mr. Williams My Lord there is a mighty difference but I am only upon fact these Gentlemen will agree it was never practiced before Sir Robert Clayton's time what the

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