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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

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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
it was either Oppose or Resist him Mr. Serj. Jefferies Did you see Mr. Jenks there Mr. Craddock I can't say I did I saw Mr. Jenks just as My Lord Mayor came down not after Mr. Serj. Jefferies Did you see Mr. John Deagle there Mr. Craddock I did not see Mr. Deagle Mr. Att. Gen. How did they use my Lord Mayor Mr. Craddock I was not very near my Lord my Lord I stood at the place where the Poll was taking Mr. Thomson Mr. Craddock We desire to ask you this Question that you speak particularly to Mr. Bethel Was it before my Lord Mayor had Adjourn'd the Poll or after Mr. Craddock It was just as my Lord Mayor came to Protest against the manner of Polling Mr. Thomson Was the Poll adjourn'd before or after Mr. Craddock It was after Mr. Williams Mr. Bethel you say he said Oppose or Resist did he say it before the Poll was adjourn'd Mr. Craddock Yes Sir it was before Mr. Williams Can you say what the words were Mr. Craddock It was either Oppose or Resist he hath no Authority here Mr. Serj. Jefferies Which is George Reeves Mr. Reeves Pray will you tell us what you did observe done at this time by Mr. Pilkington or Mr. Shute or any person else Mr. Reeves I came about 4 or 5 a Clock to the Polling-place where the Coaches use to stand and I saw the Sword up I suppose my Lord Mayor was there and came to stop their Proceedings in Polling and there was a great Contest among them some saying he had nothing to do there He hath no more to do than I says one Another cryed Stop the Sword stop the Sword and I laid hold of him and got him a little way and made account to have carried him to the Sheriffs and the Lord Mayor but some body got him away Mr. Ser. Jefferies What did you observe Shute and Pilkington do Mr. Reeves They encouraged the People to Poll. Mr. Jones After my Lord Mayor was gone Mr. Reeves Yes Mr. Jones Pray you Sir did you observe either Mr. Shute or Mr. Pilkington encourage the People to Hollow or Shout or those things Mr. Reeves No Sir L. C. J Heark you Friend Reeves heark you How do you know that Pilkington or Shute were Polling Are you sure they were Polling after my Lord was gone Mr. Reeves They were at the Polling-places and they did not go away a great while after that L. C. J. From the People that were about them Mr. Reeves No. Sir Fr. Winnington We agree it in Fact it was so Mr. Att. Gen. Richard Fletcher Pray will you give the Court an account of what they did Mr. Serj. Jefferies John Hill What did you observe there Mr. Hill About 5 a Clock my Lord Mayor came to the Hall there was with him then Sir James Edwards and Sir William Pritchard now Lord Mayor to the best of my memory and he told them he disliked their Polling any more and there came a tall black man says he Mr. Sheriff go on it is your business we will-stand by you about a quarter of an Hour after my Lord came out of the Hall to the great Croud some of the People hissing and some making a noise and one came to the Sheriffs and says he Gentleman why do not you make Proclamation with O Yes and they continued there till towards 8 a Clock Mr. Serj. Jefferies Did you hear no Officer Adjourn the Court Mr. Hill My Lord Mayor went home I saw him within doors and I came back again Mr. Att. Gen. Was there no Proclamation made afterwards Mr. Hill By some of the Officers but I did not take particular notice Mr. Att. Gen. Who did you see here after you went home with my Lord Mayor and came back again Mr. Hill I saw here Mr. Robert Key for one and I saw Mr. Goodenough come in between 8 and 9 here in the Hall and my Lord Gray came in and several other Gentlemen L. C. J. What did they do when they came Mr. Serj. Jefferies Heark you Hill Was my Lord Gray and Mr. Goodenough and Mr. Key were they among the People Mr. Hill After the Sheriffs came up they went into the Orphan's Court Mr. Goodenough came in and out and my Lord Gray went in to them Mr. Serj. Jefferies Did they appear among the People up and down in the Hall Mr. Hill They went through the Hall to and fro Sir Fran. Winnington What was the Christian Name of that Goodenough Mr. Hill I know him he that was Under-Sheriff last year I know him well enough and he knows me yes that is Mr. Goodenough Lord Gray I desire to ask this Witness a Question my Lord. L. C. J. Let your Counsel ask my Lord. Mr. Serj. Jefferies I desire to know another Question Did you see Mr. Cornish Mr. Hill I saw Mr. Alderman Cornish walk in the Hall but I can't tell whether he went into the Room or no. After my Lord was gone he did come up into the Mayor's Court and came thorough among the People Mr. Thomson Hill you speak of my Lord Gray upon your Oath did you see my Lord Gray walk to and fro in the Hall or only came thorough Mr. Hill My Lord Gray came in at that Gate and went thorough the Hall and went in to the Sheriffs Mr. Williams I would ask you this upon your Oath Did you see him do any thing more Mr. Hill No I was there to discharge my Office Lord Gray My Lord I own my being there but only desire to ask a Question that will clear this matter Mr. Hill I saw my Lord Gray come up those Stairs and he went into the Orphan's Court. Mr Serj. Jefferies How long might that be after the Poll Mr. Hill After the Sheriffs came up I believe it might be half an Hour or a quarter of an Hour near an Hour Mr. Williams Did you see my Lord Gray do any thing more than walk Mr. Hill I saw him come to the Orphan's Court and they would not open the Door at first but they said it is my Lord Gray and then they let him in L. C. J. Your own Councel is asking my Lord I am willing you should ask a Question if your own Councel will let you Gentlemen my Lord would ask a Question himself and you won't let him Lord Gray My Lord Though I do not know this Gentleman at all yet I will venture to ask him a Question Pray Sir did you see me speak to any one man Mr. Hill I have answered that already I say not Lord Gray Were the Books brought from the Polling-place by the Sheriffs before I came before that I went in there My Lord I was there and shall give you an account of it L. C. J. It had been better my Lord if you had kept away Mr. Serj. Jefferies Fletcher pray will you tell my Lord and the Jury what you observed that day here after my Lord Mayor was gone and had adjourned
Gray It will be the worse for you I shan't lie Perdue for you Mr. Att. Gen. If you threaten me my Lord I shall take notice of it My Lord I have done you a kindness but if you come under my hands again I shall not do it L. C. Justice They would not have it said God save the King and my Lord you were with some of those that abused him Lord Gray After it was over my Lord. Mr. Att. Gen. You were not within your duty here Lord Gray My Lord it was after the Poll was closed Mr. S. Jefferies My Lord I desire if you please what is usual in all causes that we might go on without any interruption Let us go on for the King and then make all the defence you can Don't think either to hiss us or threaten us out of our cause Mr. Higgins give my Lord and the Jury an account of what you saw or heard Mr. Higgins My Lord I attended with several of our Company by my Lord Mayor's Coach to Guild-hall and was in the Council Chamber and he sent for the Sheriff after that he went away and when God save the King was said said they God save the Protestant Sheriffs Mr. S. Jefferies I desire to know Mr. Higgins this what they said Mr. Higgins They cryed Down with the Sword Mr. Thomson Mr. Attorney is making a Speech to us I don't know what he hath said Mr. S. Jefferies I don't think Mr. Attorney thinks you worth a Speech Mr. Higgins I desire you to ask you a Question I ask you this Question upon your Oath after the adjournment of the Court and after this very insolent behaviour of some of the Rabble that were there for I can call them no better who did you see there Mr. Higgins After I went home I went to see my Lord safe home and came back again I saw one Freeman that they call the Protestant Cheesmonger calling To poll to poll Mr. S. Jefferies Pray who else did you see Mr. Higgins I saw Mr. Alderman Cornish come up towards the Sheriffs Gentlemen said he you are doing right Mr. S. Jefferies Did you hear Mr. Alderman Cornish say so What this Gentleman Do you know him Mr. Higgins Says he to Sheriff Shute You shall have all right done to you Mr. Serj. Jefferies Who else did you see there Mr. Higgins I saw Mr. Swinnock Mr. Serj. Jefferies Did you see Mr. Key did you see Mr. Pilkington Mr. Higgins I did not see Mr. Pilkington I saw Shute Mr. Serj. Jefferies Did you see Mr. Jekyl Mr. Higgins Yes Mr. Serj. Jefferies Which of them do you mean Mr. Higgins The Elder man Mr. Serj. Jefferies There is John Jekyl the Elder Gentlemen and John Jekyl the Younger Mr. Higgins I was disputing with a Fellow that his Toes came out of his Shooes and had a green Apron said I Are you a Livery man Yes I am said he Surely said I they don't use to make such as you are Livery-men Saies Mr. Jekyl He may be as good a man as you for ought I know That was about half an hour after my Lord Mayor went home Mr. Serj. Jefferies What time was the Adjournment Mr. Higgins About 5. or 6. I was speaking something You are all in a Riot This is no Riot saies Mr. Swinnock to me I can never meet you but you are railing against the King's Evidence L. C. J. The Kings Evidence what was that Mr. Williams What was done by Mr. Jekyl Mr. Higgins He was talking among the People Mr. Serj. Jefferies He did encourage among the rest Mr. Williams You are in a Passion now Mr. Serj. Jefferies No Sir I am not Mr. Higgins He seconded Mr. Cornish when he said Insist upon your Rights Mr. Serj. Jefferies Who did so Mr. Higgins Freeman my Lord that they call the Protestant Cheesemonger Mr. Williams A very pretty word indeed Mr. Serj. Jefferies Ay so it is he is so called you will give us leave to hear what the Witnesses speak Mr. Williams Another Epithet would do a great deal better Mr. Serj. Jefferies William Bell what was done upon the spot was there any hurt Mr. Williams Do you say upon your Oath that Gentleman was there Mr. Higgins I have seen him in the Balcony Mr. Serj. Jefferies He saies he uses to be there upon publick daies in the Coffee-house Bell I would desire to know of you whether you are able to give an account after my Lord Mayor's Adjournment who was there name as many persons as you can Mr. Bell. Mr. Bethel and I saw Mr. Cornish go through the little Gate into the Yard Mr. Serj. Jefferies Who else Mr. Bell. That is all Sir Sheriff Pilkington delivered two Poll-Books into my hand Mr. Att. Gen. Mr. Vavasor will you tell my Lord and the Jury what you saw Mr. Vavasor It happened thus Mr. Hammond had taken a man upon Execution who was Bail for a Client of mine who had paid the moneys long before upon that I came to know who imployed him and coming here I found Mr. Hammond in that place and the crowd was so great Don't go back again said he for you will go near to be abused Whilst I staid there I asked him what was the meaning Saies he In this Room are the Sheriffs and some others casting up the Poll and whilst I staid there came in Mr. Good-enough to and fro from them and before they would admit any they would know their names there was Mr. Key my Lord Gray and Sir William Gulston Mr. Att. Gen. What afterwards Mr. Vavasor Yes Mr. Cornish was there he and Sheriff Shute came out together and they went upon those Stairs under the Clock Mr. Att. Gen. Who came out with Sheriff Shute Mr. Vavasor Cornish Mr. Williams What Cornish Mr. Vavasor Alderman Cornish Mr. Williams Very mannerly Mr. Serj. Jefferies His name was Cornish before he was an Alderman Mr. Vavasor And Sheriff Shute told the People If they would stay a little time he would give them Satisfaction Upon that Mr. Cornish went through the Company and when they came to the Hustings Mr. Shute ordered Proclamation to be made and told them Whereas my Lord Mayor had taken upon him to adjourn at 9. a Clock We the Sheriffs of London and Middlesex being the proper Officers do adjourn it to Tuesday at 9 of the Clock Upon that an Antient Gentleman desired they might proclaim the Election Then saies Shute that I can't do it now for we have taken very good Counsel for what we do Had it not been for Mr. Hammond I had been I believe trod under foot sufficiently Mr. Serj. Jefferies Mr. Denham who did you see Mr. Denham I saw Sir Thomas Player and Mr. Jenks Mr. Serj. Jefferies Where did you see them pray Mr. Denham In the Yard I went home with my Lord Mayor and then I saw them I had a kind of a glance but I can't swear positively to Mr. Jekyl Mr. Serj. Jefferies Sir Thomas Player