Selected quad for the lemma: grace_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
grace_n	john_n	sir_n	thomas_n	12,845	5	10.3056	5	true

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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

to it is an unlawful thing Pray Gentlemen If Ten men should go to rob a House and one stands off at a distance is not the Tenth man guilty of the burglary If there be a many persons together and Three only do an unlawful Act and the others give protection for number is always a protection are not all these Gentlemen guilty And therefore Gentlemen it is hoped you will settle the City by destroying this pretence which hath been fluttering in the Air but hath no ground for it L. C. J. Gentlemen of the Jury this is an Information against several for a Riot and it sets forth that there was a Common-Hall that was call'd by the Lord Mayor for choosing several Officers and that afterwards the Lord Mayor did dissolve that Assembly and yet notwithstanding the Defendants so many as by and by I shall name to you that they have given evidence against they kept together and committed a Riot it is said so particularly in the Information For the matter in fact that hath been altercated between them the Question is whether the Lord Mayor for the time being hath power in himself to call an Assembly and to dissolve it and truly as to this point even the Council for the Defendants did one while grant it but another while did bring Witness that did know nothing of the matter I must needs say But for ought I see even until this very time the Lord Mayor did call the Assembly and he did Dissolve it and that they did seem to grant even at the beginning of the cause But then they make a distinction but he could not Adjourn it to a certain time That was a very weak thing to say that if the Lord Mayor may call and dissolve the Hall that he cannot Adjourn it to a convenient hour Suppose now the business to be done was not dispatched sooner than this time a Night so that upon the matter they must be either Adjourn'd till to Morrow or kept in the Hall all Night does any man think that that Magistrate that hath power to call and dissolve hath not power to Adjourn There is no Man doubts of it in Fact or Law and that it was so Sir Robert Clayton did that very thing if there had been no precedent it had been all one But they make a great deal of business of it how that the Sheriffs were the men and that the Lord Mayor was no body and that shews it was somewhat of the Common-wealths seed that was like to grow up among the good Corn. Pray Gentlemen that is a very undecent thing you put an indignity upon the King for you ought not to do it if you knew your Duty pray Gentlemen forbear it it does not become a Court of Justice I will tell you when things were topsie-turvie I can't tell what was done and I would be loth to have it raked up now They might as well as I perceive they have at another time said have said that the power of Dissolving and Adjourning might have been in the Livery-men all People every body and so then if they had been together by the Ears I don't know who must have parted them that is the truth of it But I think their own Council are very well satisfied both in Fact and Law that the Lord Mayor for the time being hath this power of Calling and Dissolving and Adjourning the Assembly Then there is another thing that is to be considered and that is this the Defendants they say we did mistake the Law it was only a mistake of the Law and nothing else and we did do all to a good intent and therefore it must not be a Riot To give you some satisfaction in that First I must tell you that a man must not excuse himself of a crime by saying he was Ignorant of the Law for if so be that turn to an excuse it is impossible to convict any man if so be he must be excused because he did not know the Law then no man will be found guilty But if it appear that the Defendants did verily believe that the Law was for them that may be considered in another place if so be that they were really Ignorant the fine it may be may be the less but it won't excuse them from all But truly in the next place you must consider whether or no these Gentlemen were Ignorant or whether or no they did not in a tumultuary way make a Riot to set up a Magistracy by the power of the People For I must tell you I have not heard by the Defendants and I will appeal to your memory I have not heard before this time that ever the Sheriffs did quarrel with the Mayor or continue a Common-Hall after the Mayor had Adjourn'd it As for these Gentlemen they could not be Ignorant of it because the daily practice before their Eyes was for the Mayor to do it But this was a new notion got into their heads tho it was otherwise before it must be so now and one said they would have no Tory Mayor to be Mayor thus the King should have something to do to support the Mayor by his power for ought I know Now Gentlemen for the parties that are accused to be in it there is T. Pilkington Samuel Shute Henry Cornish Lord Gray Sir Thomas Player Slingsby Bethel Francis Jenks John Deagle Richard Freeman Richard Goodenough Robert Key John Wickham Samuel Swinnock and John Jekyl the Elder some Witnesses are to some and others to others but some of them have seven or eight Witnesses There is Pilkington and Shute and Cornish these had a great many Witnesses against them others have two First for the Sheriffs and Mr. Cornish that had been Sheriff but two years before they kept them together after my Lord Mayor was gone and to see what People they were No not God bless the King no no but the Protestant Sheriffs so that in truth the King must be put out of his Throne to put these two Sheriffs in it It is not proved that either of these did say so nor the others neither but they were those that clung to them and they would help them and they would set them to rights and I know not what and there is no other way to know in this case what they were but by these they kept company with and it may be I would be loth to say ill it may be it was in order to Dethrone the King as far as they could for my Lord Mayor when truly he had Adjourn'd the Hall and was going home he had like to be trod under foot himself his Hat was down and that was the great respect they gave to his Majesties Lieutenant in the City It is true it cannot be said who it was but those were the People that would have no God save the King and those the Mayor had nothing to do with The Sheriffs they would go on to Poll and cast up

their Books and would make a disquisition who had most hands and the like three hours after my Lord Mayor was gone there were so many that did countenance and foment this sort of proceedings There is a shrewd Act that was made since his Majesty came in that the villany of some men might be stopt thirteenth fourteenth of the King that for words in some cases makes High Treasons it is well his Majesty does not take any severe prosecution but I can't tell you I would not have men presume upon it It can't be said you or you said so yet they kept them together they were they that kept all this Rabble three hours together the Lord Mayor does Adjourn the Court and they must have some time to be gone and thereupon would perswade us they could not get away in three hours they ask for a Poll and cast up the scrutiny and I know not what There are some and that is my Lord Gray and Mr. Goodenough how these two should come there I know not they had nothing to do here and therefore I doubt it will be worse upon them than upon the rest for they had nothing to do here they must come to set the Citizens together by the ears My Lord Gray he says and hath called some Witnesses that he had business with Sir Will. Gulston about the sale of Corsfield in Essex but I do not see any of his Witnesses that do say he came to speak with Sir Will. Gulston here he came here to see how the Poll went But look you Gentlemen he hath given some sort of evidence and the Council did open it very fairly but the evidence did not come fully If you think he did only come upon real occasions to Sir Will. Gulston only to speak to him about that business and concern'd himself no otherwise then you will do well to find him not guilty if you do not you must find him likewise as well as the rest for Goodenough he was here to promote the matter There is one and truly he said that for his part as the rest would have no God bless the King so truly he would have no Tory Mayor And all this Flame I must tell you took Fire from this Spark that the Sheriffs might do what they thought fit about choosing Officers Gentlemen it hath been a long Tryal and it may be I have not taken it well my memory is bad and I am but weak I don't Question but your memories are better than mine consider your verdict and find so many as you shall think fit The Jury withdrew and in some time returned Are you all agreed of your Verdict Jury Yes Who shall speak for you Jury The Foreman Do you find the Defendants guilty of the Trespass and Riot c Foreman We find them all guilty in that Paper This is your Verdict Jury Yes T. Pilkington S. Shute H. Cornish Lord Gray Sir Thomas Player S. Bethel F. Jenks J. Deagle R. Freeman R. Goodenough R. Key J. Wickham S. Swinnock and John Jekyl the Elder are guilty You say they are all guilty c. Jury Yes FINIS ADVERTISEMENT JUne 17 th Next week will be Published the Second Volume of Dr. Nalsons Impartial Collections of the great Affairs of State from the beginning of the Scotch Rebellion in the year 1639 to the Murder of King Charles the First wherein the first occasions and the whole Series of the late Troubles in England Scotland and Ireland are faithfully represented taken from Authentick Records and Methodically digested with a Table Published by his Majesties special Command Sold by Tho. Dring at the Harrow at the Corner of Chancery-Lane in Fleet-Street Also the Reports of the Lord Keeper Littleton in Kings-Bench Common-Pleas and Exchequer in the time of King Charles the First with a Table Newly Published The Reports of Sir Geo. Croke Kt. in the time of Q. Elizabeth K. James and K. Charles the First Collected in French by himself revised and Published in English by Sir Harbottle Grimstone Master of the Rolls the 3 d. Edition with References to all the late Reports in 3 Vol. All Three Sold by Tho. Dring at the Corner of Chancery-Lane in Fleet-Street * The same-place which before was called the Orphan's Court. * Here Mr. Jones offered to interrupt him * The Counsel clamour'd Here the People hum'd and interrupted my Lord.

pretended to it Mr. S. Jefferies Pray Sir Simon Lewis I desire you would satisfie my Lord and the Jury concerning the Adjournment when you went to the Sessions House in the Old Baily Did you order the Adjournment of the Poll or my Lord Mayor Sir Simon Lewis We came and waited upon my Lord Mayor here and told him they demanded a Poll without we took his directions and my Lord Mayor did Adjourn the Court by reason that the Assassinators of Arnold were to be Tryed and by reason of that it was Adjourn'd to Munday and my Lord Mayor and the Aldermen went thither but indeed we were left as Prisoners and I received a blow on my Breast Mr. Att. Gen. Sir Jonathan Raymond Did you pretend to have the power then of Adjourning the Court Sir Jon. Raymond My Lord did Adjourn the Court because of that Tryal and then afterwards we went upon our Poll we were several days upon it we only appointed from Day to Day till we had made an end and when we had made an end we declared it to my Lord Mayor and the Court of Aldermen and my Lord Mayor and the Court of Aldermen came upon the Hustings and declared who it fell upon Mr. Att. Gen. Sir James Smith when you were Sheriff did you pretend to have any such power Mr. S. Jefferies Upon your Oath Did you pretend to have a power of Adjourning Common Halls Sir J. Smith No Sir we were Sheriffs immediately after Sir Robert Clayton I never heard it Questioned but my Lord Mayor had the right of it Sir F. Winnington Sir Jonathan Raymond I think you say the Sheriffs did Adjourn from day to day at that time Sir J. Raymond We could not make an end of Polling and we did appoint from day to day till we had made an end of Polling Mr. Com. Serj. My Lord I will give your Lordship an account of that whole Days proceedings we came to the Hall and after Mr. Recorder Sir George Jefferies had attempted to speak to the Hall for they were in such a tumult they would not suffer him to speak my Lord Mayor withdrew there was a very great clamour and noise but at last the Question was put and I came up with the Sheriffs hither and acquainted my Lord that Mr. Bethel and Alderman Cornish had the most hands and that there was a Poll demanded between Mr. Box and Mr. Nicholson and Mr. Bethel and Mr. Cornish then the dispute lay as between Box and Nicholson and Alderman Cornish and Mr. Bethel I acquainted my Lord Mayor that was Sir Robert Clayton that Mr. Recorder said he would not go down to make Declaration they would not hear him upon that Sir Robert Clayton took a Paper and gave it me with these very words it is the greatest tumult I was ever in in all my life and I have some reason to remember it prethee says he do thou make Declaration to them for if they will hear any body they will hear thee Sir says I because it is not the Duty of my Office I desire your particular direction then says he tell them I must Adjourn it till Munday because I must go to the Old Baily to try the Assassinats of Arnold whereupon the Hall was Adjourn'd and in a great tumult and my Lord Mayor attempting to go out he was beat back twice or three times he spake something to them and they went away leaving me and the Sheriffs upon the Hustings and there they kept us Prisoners till six or seven a Clock at night On Munday when we came to Poll again by his direction I went to his House and he gave me direction to go with the Sheriffs to Adjourn it afterwards there was a Court of Aldermen purposely call'd and upon their direction I took the Poll and kept it and and every Adjournment was made by his particular direction to me Sir R. Clayton Gentlemen I do desire I may explain my self because I believe I was imperfectly heard some part of the story that Mr. Common Serjeant does say I do remember and will tell you what I do remember of it I remember the coming up and I remember that Mr. Recorder was not willing to go down there was such a hubbub I remember that very well The particular words I said to him I cannot charge my memory with we had discourse I remember the Adjournment and we discourst of the Adjournment below we made Proclamation but the noise was so great they could not hear and upon my attempting to go out I was beaten back twice or thrice and then we were fain to let them know the business we went about as well as we could and then they let me go and I left the Sheriffs with them to agree of the manner and methods of Polling There were several Adjournments made afterwards I can't charge my self with it I might be particularly consulted but for the particular times of Adjournment I did not think my self concerned in point of reputation if I thought I had been blameable I should have concerned my self to have given more particular directions Mr. Thomson If your Lordship please I have but this admitting the right to be in the Lord Mayor L. C. J. Do you make a doubt of it now Mr. Thomson Admitting it those Gentlemen that came to continue the Poll it is a Question whether they can be guilty of the Riot or not Mr. W. There are some three or four of the Defendants that have a particular case that stands by themselves and it rests upon this point whether my Lord Mayor hath this power or not For so much of the evidence as concerns any noise or hissing or any thing of that that relates to the time of Adjournment for it was done at the time of the Adjournment As for Mr. Cornish Mr. Goodenough my Lord Gray and one or two more they did not come till within some three hours after that so that they cannot be engaged in the noise or that L. C. J. It is no matter they came time enough Mr. Williams We have done my Lord with the general evidence we have something to say in defence of my Lord Gray all the evidence against my Lord Gray is this that he was here about seven a Clock at night For that Gentlemen we say this that my Lord Gray had some business here and my Lords business was this my Lord Gray was here about the sale of a Mannor in Essex with Sir William Gulston my Lord they had appointed this very Day for that business it was my Lords interest mightily to pursue it and Sir William happened to be at Sir Thomas Players and knowing this to be an ellection Day my Lord dined that Day at an eating House in the Hay-Market and afterwards came to Peter's Coffee-House in Covent-Garden and staid there till between four and five a Clock in the Afternoon when he thought the heat would be over and then he came to make inquiry after Sir

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