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judgement_n defendant_n error_n writ_n 5,537 5 9.7389 5 true
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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A78226 The case of Sir Thomas Pilkington, Kt. (now Lord Mayor of London) Sir Thomas Player, Kt. deceased; Slingisby Bethell, Esq; Henry Cornish, Esq; deceas'd; Samuel Shute, Esq; deceas'd; Samuel Swynock, John Deagle, Francis Jenkes, deceas'd; Richard Freeman, John Jekyll, Robert Kaye and John Wickam, all now, or late citizens of London; as to the riot pretended to be committed by them in the election of sheriffs in the year 1682 Pilkington, Thomas, Sir, d. 1691.; England and Wales. Court of King's Bench. 1689 (1689) Wing C1001B; ESTC R222791 6,078 8

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in a great rage refused saying That he was not such a Fool to put his Seal to that which would set aside all had been done or to that effect The next day the Defendants by their Councel moved the Court of King's Bench That the Postea or Record of Nisi Prius upon which the Lord Grey's Challenge had been allowed and which was in the Custody of Mr. Ward a Clerk of the Crown-Office who Prosecuted for the King might be filed To which the Judges then Sitting viz. Sir Thomas Jones and Sir Francis Withens answered That it had been moved several times before but was denied But upon opening the Cause they acknowledged the Motion to have been reasonable if it had been moved before the Trial and that if it should be now granted it would set aside the Verdict And then it was told them That it had been moved before the Trial But yet the Court would order nothing therein Not long after the Defendants Councel moved the Lord Keeper North for a Writ out of the Chancery to be directed to the Chief Justice Saunders to command him to Seal the said Bill of Exceptions which he refused to grant although such Writ is the Subjects Right and is in the Register of Original Writs The Defendants being thus denied the benefit of the Law were in Trinity Term 1683. for this pretended Riot Fined severally as is under-written by Sir. Tho. Jones and Sir Francis Withens then Judges of the King's-Bench were forced by Imprisonment and otherwise to pay the same   Marks l. s. d. Sir Thomas Pilkington   500     Slings by Bethel Esq 1000 666 13 4 Henry Cornish Esq 1000 666 13 4 Samuel Shute Esq 1000 666 13 4 Sir Thomas Player 500 333 6 8 Samuel Swynock 500 333 6 8 John Deagle 400 266 13 4 Francis Jenkes 300 200     Richard Freeman 300 200     John Jekyll 200 133 6 8 Robert ●aye 100 66 13 4 John Wickham 100 66 13 4 Sum total   4100     Besides what the several Defendants above-written have paid for their Fines they have been at very considerable expence in defence of themselves and in their Imprisonments and have to their great cost this present Parliament prosecuted a Writ of Error before the House of Lords by virtue whereof their Lordships have reversed the Judgment given against the Defendants as erroneous and the said several Fines having been paid into the Exchequer the Defendants are informed That the King is bound by the Laws to repay them upon exhibiting their Petitions requisite in that behalf Vide 34. H. 6.51 Brook tit Petition 3. Now forasmuch as the Proceedings against the Defendants were for the most part illegal and arbitrary and the Original Contrivence to subvert the Rights of the City and to insare the Defendants was openly managed by Sir John Moore and Sir Dudley North and their adherents and the whole Intreague was carried on by a Confederacy between them the then Judges of the Kings-Bench and the late Lord Keeper as plainly appears by what is before related designedly to subvert the Liberties of the City of London and to oppress the Defendants for doing their Duty and forasmuch as the said Fines never came to His present Majesty's use and if His Majesty should pay the same the Nation would in the end be the sufferer and not the particular persons who did the wrong It is humbly laid before this present Parliament to consider the manifest wrongs the Defendants have suffered by such illegal and ●●ju●● Prosecution and to make Them their Executors or Administrators Restitution of all their Damages out of the Conspirators Estates LONDON Printed in the Year 1689.