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 Kinâ—â—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
Mayor would the Mayor be there Mr. Sibley The Mayor and Aldermen went off the Bench. Sir F. Winnington Who managed the Elections Mr Sibley The Sheriffs Sir F. Winnington Were the Common Serjeant and the Common Cryer there Mr. Sibley The Common Serjeant and the Common Cryer are always there L. C. J. I pray thus you have known the City it seems a great while I would ask you this pray who did call the Assembly that was to chuse the Sheriffs did the Sheriffs or the Lord Mayor Mr. Sibley We commonly received the Tickets by the Officers of the Companies L. C. J. Did the Officers of the Companies summon the Assembly Hark you pray Sir recollect your self Do you take it that the Officers the Beadles it may be of the several Companies did they summon the Livery-men and so a Common Hall was call'd together was it so in your time Mr. Sibley It hath been commonly so we have received Tickets from the Beadle of the Company L. C. J. And my Lord Mayor had nothing to do with it then Mr. Sibley What order the Masters and Wardens had from my Lord Mayor I never inquired into that L. C. J. When the Hall was dissolved who ordered Proclamation to be made the Sheriffs or the Lord Mayor Mr. Sibley My Lord Mayor hath not used to be there Mr. Thomson When they had done they went away He won't trouble your Lordship L. C. J. Pray had my Lord any hand in summoning did he direct the summoning of them Mr. Sibley It is more than I know L. C. J. You bring a Witness that knows nothing of the matter Mr. S. Jefferies Mr. Deputy Sibley Give me leave to ask Mr. Sibley a question or two I shall set him to rights presently Mr. Sibley if I be not mistaken you are one of the Company of Tallow-Chandlers and you have been Master of the Company and you have been Warden of the Company You very well know what directions are given to the Beadle are generally by the Master or Wardens pray upon your Oath when you were Master or Warden was there ever any Precept sent to you to summon a Common Hall Mr. Sibley Indeed I don't remember that Sir Mr. Thomson If your Lordship please we have done with our evidence I would beg your Lordships opinion in it Sir F. Winnington We do admit my Lord Mayor summons the Court. L. C. J. But you bring a Witness that knows nothing in the world of it but yet you would have it taken for Gospel that the Sheriffs had all the management before that time 40 years together till now very lately But when he comes to be asked how is this Assembly or Common Hall call'd together alas he knows no more of that than one in Utopia Mr. Thomson My Lord we have several other Witnesses but we will call no more Mr. Att. Gen. If you have no more we will call two or three more Mr. Thomson We have some to prove that my Lord Grey came to speak with Sir William Gulston and went away again and we desire to call Sir Thomas Armstrong Sir F. Winnington My Lord if your Lordship pleases thus there will be it seems some particular defences made Your Lordship hath heard their evidence and what we have said we desire to call two or three Witnesses to another head Your Lordship hath heard there was some rudeness by some of the people but who they were it doth not appear We will call two or three Witnesses of the behaviour those men and Company that came with my Lord Mayor that whatsoever disturbance was made they were the chief men that made the disturbance and my Lord Mayor could not help it nor we neither L. C. J. Sir Francis I believe those men that would not have God save the King my Lord Mayor could not hinder them but will you undertake to prove that those that came with my Lord Mayor that they were the men Sir F. Winnington They were with them my Lord. Mr. S. Jefferies They were with them that cryed God bless the Protestant Sheriffs Mr. Sibley My Lord I desire to explain my self to what I said it is several years agoe since I was Master of the Company I do not remember but I believe the Summons was directed from my Lord Mayor Mr. Freak Mr. Winstanley what account can you give to my Lord and the Jury Mr. Winstanley I have lived near the Hall and I often came in but I was not a Livery man upon that Poll that was between Mr. Kiffen and Sir Robert Clayton the Sheriffs managed it Mr. Freak Who managed it Mr. Winstanley The Sheriffs Mr. Freak Who declared Mr. Winstanley The Sheriffs Mr. Freak Did the Mayor come down to declare the Election Mr. Winstanley The Mayor came down after the Poll but the Sheriffs took the Poll. Mr. Freak Who was then Mayor Mr. Winstanley Sir James Edwards was Sheriff and Sir John Smith Mr. Freak Who was Mayor Mr. S. Jefferies It was Sir Samuel Starling Mr. Freak Who put the Question upon the Hustings Mr. Winstanley I can't tell Mr. Freak What did you hear the Sheriffs say or see them do Mr. Winstanley The Sheriffs presently granted a Poll and parted one to one door and the other to t'other Mr. Freak And who took the Poll Mr. Winstanley The Sheriffs took it Mr. Freak Who declared the Election Mr. Winstanley The Sheriffs Mr. Freak Who were Sheriffs then Mr. Winstanley Sir James Edwards and Sir John Smith Mr. S. Jefferies Mr. Winstanley I would ask you this question do you take it upon your oath that the Sheriffs declared the Election Mr. Winstanley I declare upon my oath that the Sheriffs took the Poll. Mr. S. Jefferies Mr. Winstanley you may guess pretty well what I mean by this First of all I ask you did the Sheriffs put the question Mr. Winstanley The Sheriffs took the Poll Sir Mr. S. Jefferies Nay answer my question did the Sheriffs put the question or did any body else Mr. Winstanley Truly Sir I have forgot you were there Mr. S. Jefferies I know I was Sir I know very well I ask you upon your oath who was it that declared the Election afterwards upon your oath Mr. Winstanley Truly Sir George I don't remember Mr. S. Jefferies Mr. Winstanley one went out at one door you say and t'other went out at t'other you say now I say who took notice and told the names of those that went out at one door and t'other Mr. Winstanley The two Sheriffs Mr. S. Jefferies Who else Mr. Winstanley I can't tell Mr. Serj. Jefferies Do you remember me there at the great Door when they poll'd and went out do you remember who told them Mr. Winstanley No truly Mr. S. Jefferies Pray do you remember when one Mr. Broom a Wax-chandler was chosen Ale-conner Mr. Winstanley I was in the Hall but I do not charge my Memory with it Mr. Sol. Gen. Hark you Mr. Winstanley who is it grants the Poll when it
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
in this Case for that the very Title to the Office of Sheriff is here in Question and therefore he is no person fit to return this Jury my Lord. We desire your Lordships Opinion L. C. J. Mr. Thomson Methinks you have found out an invention that the King should never have power to try it even so long as the World stands Say you Sheriff North is not a right Sheriff Who should have been Why say you Dubois and Papillon or one or both of them Now the King he hath brought his Suit for a Riot Mr. Serj. Jefferies And an Assault and Battery upon Sir John Moor. Mr. Thomson That is a Fiction L. C. J. The King hath brought his Suit and brought it to an Issue Why now if so be this Challenge should have any thing in it then the King must have challenged North and what must he have done then Why for Papillon and Dubois they are not Sheriffs in actu then say you the Coroner Pray Mr. Thomson If so be the King had made the Venire either to Papillon or Dubois or to the Coroner Whether or no had not the Cause been found against the King before one Word had been said actually for Him You say the Question is Whether he be a Sheriff or not If the King had challenged him and made the Venire to the Coroner for God's sake Had not that made an end of the Question Mr. Thomson No my Lord not at all L. C. J. No Then I understand nothing Mr. Thomson My Lord If the Sheriff appear to be concerned it doth not determine the Cause L. C. J. But it does by your own Opening now You say the Question is for which you do now challenge the Array because it is returned by Sir Dudley North supposed to be one of the Sheriffs and tell the whole Process how that in truth it is a Question whether he be a Sheriff or not and therefore say you or you say nothing that the Venire should not go to North. Mr. Thomson No my Lord I pray good my Lord L. C. J. Should it not have gone to Dudley North and then have been challenged for him Mr. Thomson No I beseech your Lordship we don't say so My Lord we say That whereas they do charge in the Information that there was an Assembly for the Election of Sheriffs and that Sir John Moor being then Mayor did lawfully according to Law adjourn this Assembly and that afterwards the Defendents Pilkington and Shute did continue this Assembly and took a Poll and so they would make this a Riot in the continuance of it My Lord we do say this That the Election of Mr. North upon this Point doth come in question and my Lord we do say That if that prove not a legal Adjournment then Mr. North is not legally Chosen L. C. J. Right now you have told it in more words Mr. Thomson We say If the Election be interested they are all Parties by Law Mr. Serj. Jefferies Who would you have the Process go to Mr. Thomson To the Coroner L. C. J. Very well upon my word If he were Sheriff it cannot go to the Coroner you know and therefore if he were challenged to go to the Coroner Mr. Thomson Sub judice lis est my Lord. Mr. Serj. Jefferies We desire for the King that the Challenge may be over-ruled L. C. J. Ay ay Mr. Serj. Jefferies I desire the Jury may be sworn Mr. Williams Certainly if they be impannelled by persons that are not Sheriffs that is a good Challenge that is admitted by every body now we have made a Challenge and that is a good cause of Challenge certainly if that were the cause But now my Lord I must confess what your Lordship says it is a difficult matter to challenge any Array because they are arrayed by a person that hath an interest or some such thing that is a Challenge of the Array but that is not the matter in this case It cannot be denied If these persons were not Sheriffs of London that that is a good Cause I take the Result of the Challenge to be this Say we The principal question of this Information the Riot will depend upon this Question Whether there were a regular Adjournment or not There say we begins the question of the Riot If so be that my Lord Mayor of London that was had power to adjourn the Court and it be admitted a regular Adjournment certainly the Riot would follow and what follows then Then comes on a Question and it is immediately consequent upon it that these Gentlemen be actual Sheriffs of London they being actually chosen upon this Adjournment they are actually Sheriffs But if really my Lord Mayor had no power to adjourn and that power was in the Sheriffs that they were actually taking the Poll and the Poll was for Mr. Dubois and Mr. Papillon Then the Question is If so be the Adjournment by my Lord Mayor were not a good Adjournment then the Poll was a regular Poll taken by the Sheriffs then consequently those that were elected upon that were truly chosen and then it is a right Challenge These Gentlemen I must confess they are Sheriffs de facto but we know very well there may be Sheriffs de facto and there may be other Sheriffs de jure these things are very consistent If so be that Mr. Papillon and Dubois be duly elected they are Sheriffs de jure but they want the Formality for they are not sworn and cannot return a Jury On the other side the Sheriffs are Sheriffs de facto but not legally chosen and the Riot will depend upon that Question of the other persons that are Sheriffs de facto and not de jure This we suggest in this Whether your Lordship will receive this Challenge or whether your Lordship will proceed first to the tryal of the Cause and let this follow My Lord might not there have beeen something in this case upon the Roll at Westminster might there not have been a surmise to this purpose because there is such a question upon the Roll for it appears that the Common Hall was for the Election of Sheriffs and that it was adjourn'd by the Mayor And what followed Might there not be such a surmise that the Venire facias should not go to the Sheriffs but to the Coroner Might there not have been such a thing L.C.J. My speech is but bad let me know what objection is made and if I can but retain it in my memory I don't question but to give you satisfaction If the King had brought an Information against Mr. Sheriff North and charged him with a crime there is no manner of question that the King should have challenged as he was a Sheriff and sent the Venire to the Coroner or other Officer here he is not accused nor to be acquitted of any crime Gentlemen I put you upon this if so be the Sheriff of London should get a great deal of money
but I never understood that he got by it if you prove that he hath got any considerable matter by the Office it would be something in the case that he should be greedy of the Office But look ye on the other side if there be nothing in it one way or another that there is profit accruing to him by the Office what can the Law say But here was the question between indeed and in truth as you do open it between the Mayor Sir John Moor I think and the Sheriffs that then were that was the question between them Now what is this in point of Law that the Sheriffs must be challenged They must be challenged because it is return'd by these Sheriffs You can't say the Sheriffs do favour the King Mr. Sol. Gen. My Lord We trouble your Lordship about a Question very unnecessary The Sheriff is not concerned in this Question neither can the Consequences affect the Sheriff any way Sir Fr. Win. My Lord If I don't shew that he is concerned notwithstanding what Mr. Solicitor says it is another matter If this had been upon a common Riot and not related to the Election of Sheriffs it would have been harder against us I only offer a word or two and submit to your Lordship This Information doth take notice of the Election of Sheriffs and of an irregularity in disturbing the late Lord Mayor about adjourning the Poll I do believe my Lord it will not be denied but that in this Cause a Rriot or no Riot will depend upon the Poll or the Mayors adjourning If that be so that which your Lordship is pleased to urge That the Sheriff gets nothing yet that he hath assumed the Office de facto appears by the Return that is very plain my Lord he hath assumed it and did exercise it If it appear to be legal or illegal upon the Adjournment by the Mayor then it must have one of these two Consequences my Lord I humbly conceive till the Shrievalty had been agreed it would have done very well for Mr. Attorney to let this Riot alone unless he would have made it a common Riot if he would have been pleased to stay till the Law had determin'd who had been the right Sheriffs then Process would have gone for the King And my Lord there is another thing under favour if Mr. Attorney had been pleased to prosecute for the King then surely my Lord there was a way to lay it so that the Process should be returned by persons uninterested and not by the Sheriff whose Election is in controversie I don't argue out of the Record but by the Record it self If in case it doth appear still to be under consideration if that be so I do humbly conceive because that right of Election of Sheriffs is undetermined that therefore he might have made the Process to the Coroner if he would have made it before but it should not be heard before the Election of the Sheriffs because it will be a Riot or not a Riot upon that L. C. J. Good now Sir Francis you mistake it could not be to the Coroner Mr. Sol. Gen. My Lord It is but wearying your Lordship to no purpose Mr. Wallop If he be not Sheriff that Title of his depending upon my Lord Mayors Adjournment which is reasonably set forth it is concerned in the consequence of the Cause Mr. Attorn Gen. If you please my Lord I will answer what hath been said Mr. Thomson did first urge according to the Rules of Law if the matter that appears upon the Record to be the thing in question that if the Sheriff be interested in that matter that that is a good cause of Challenge that is a good Rule and the Law is so but that is nothing to this purpose my Lord here upon the Record there is nothing in question but a Fine for the King nothing to be recovered Where Lands are in question as in an Ejectment if the Sheriff be interested in that Land in that case that is a good Challenge but here appears nothing by the Record here is nothing in question but a Fine for the King so that certainly that Case in point of Law is nothing to the purpose Then they say it appears in the Record by Recital and in the Information for that is the substance of all they say It doth appear there as it is said that the Mayor did adjourn the Court and so the question of the Riot will very much stand upon the validity of that adjournment But it doth not wholly stand upon that for there are many outragious actions assaults of the Mayor throwing off his hat great clamors thrusting and pressing many of the Aldermen nay bruising them so that this Riot notwithstanding the Adjournment be that as it will will appear in the upshot of the Cause to be a Riot notwithstanding that question But in the second place the question of Mr. North's being a Sheriff or not a Sheriff no ways depends upon this Adjournment no pretence of the Title depends upon that so my Lord they have suggested a thing that is forreign to the Record it depends purely that upon a Custom of the City for my Lord Mayor to elect not upon the power of my Lord Mayor's Adjournment for after that they proceeded on with the former choice of Mr. Papillion and Mr. Dubois so that whether that Adjournment be a good Adjournment or no good Adjournment his Title will depend upon that whether at the second meeting or no Mr. Papillion and the other Gentleman be well chosen and Mr. North not well chosen so that his Title doth not depend upon this Question one way or other But my Lord that which makes this as frivolous a thing as ever was urged in a Court of Law my Lord that it should have been upon Rule before any Direction to the Sheriff or Coroner if they would have had Process they have suggested matter of Fact wholly out of the Record matters have been suggested that it might have been tryed before it came to Direction now there appears nothing in the Record to bring a Challenge to try the Matter nay as they themselves say it is to try the Merits of the whole Information that the Information depends upon that Question Whether the Mayor may adjourn It is a great Usurpation upon the Government of this City as they have done in other things to the King My Lord Mayor is the Supreme Magistrate here and the Sheriffs have nothing to do in this Point and therefore I pray it may be over-ruled and that the Jury may be sworn Mr. Thomson We would have my Lord the benefit of a Bill of Exceptions Mr. Serj. Jefferies Swear the Jury swear the Jury Mr. Thomson I have another Challenge L. C. J. I tell you plainly I see nothing in it for a Bill of Exceptions Mr. Thomson We desire we may have the benefit of a Bill of Exceptions My Lord if this be the Case of trying
a Riot we must take what advantage we can in point of Law Mr. Serj. Jefferies We come to counsel the King as we ought to do by Law Mr. Thomson My Lord I challenge on the behalf of my Lord Gray this Jury Challenge read Seignior Gray Mr. Attorn Gen. They call that a Newgate Challenge Mr. Wallop That was a Challenge taken at the Old Baily Mr. Thomson And over-ruled Mr. Serj. Jefferies And I pray it may be so here L. C. J. I think your Challenge is that they are not Sheriffs Mr. Thomson My Lord is the Fact true or false I desire of these Gentlemen if it be insufficient in point of Law let them demur Mr. Serj. Jefferies Pray tell me Robinhood upon Greendale stood and therefore you must not demur to it Mr. Thomson If the Challenge be not good there must be a defect in it either in point of Law or in point of Fact I desire on the behalf of my Lord Gray this Challenge may be allowed Mr. Serj. Jefferies And I pray for the King that it may be over-ruled L. C. J. I think you have owned them to be Sheriffs already Mr. Serj. Jefferies My Lord Gray did own it in his Challenge because there were no Knights L. C. J. We try a great many Nisi prius here sometimes two or three days after the Term every Defendant that thinks it goes hard with him we must have a Tryal still whether the Sheriffs be Sheriffs or no This that you have done now may be done in every Cause that we may be trying Upon your Evidence if you can prove them none you go a great way Mr. Thomson My Lord We desire the Challenge may be allowed or otherwise a Bill of Exceptions My Lord we pray a Bill of Exceptions Mr. Serj. Jeoffries This Discourse is only for discourse sake I pray the Jury may be sworn L. C. J. Ay ay swear the Jury Sir Benjamine Newland c. sworn Mr. Thomson We challenge Mr. Fensil he hath given Evidence in this Cause at the Council-Table L. C. J. What then Mr. Attorn Gen. My Lord They shall have all fair L. C. J. Mr. Attorney says he won't stand upon it Mr. Thomson My Lord we pray a Bill of exceptions L. C. J. I think many would not have offer'd it besides you Shall I go and sign a Bill of Exceptions to let all the World know this is so and so all the World must try whether they be Sheriffs of London Mr. Thomson My Lord don't say so for I think all the Councel in the Court would L. C. J. If it doth fall out that in truth they don't happen to be Sheriffs surely you shall have all the advantage that can be for you but pray don't think that I will put off a Tryal upon every suggestion that the Sheriffs are not Sheriffs You shall have all that is Law by the Grace of God and I am not afraid that you or any man should say I don't do justice I am not bound to gratifie every man's humour I am to do according to my Conscience and the best of my knowledge and according to my Oath and I will do that and gratifie no man The Jury Sir Benjamine Newland Sir John Matthews Sir John Buckworth Sir Thomas Griffith Sir Edmund Wiseman Percival Gilburne Henry Wagstaff Barthol Feriman Thomas Blackmore Samuel Newton William Watton George Villars Cryer O yes O yes O yes If any man can Inform my Lord the King's Justice the King's Serjeant or the King's Attorney or this Inquest now to be taken c. Mr. Dolbin May it please your Lordship and you Gentlemen of the Jury This is an Information brought by the King against Thomas Pilkington Gentlemen the Information sets forth That upon the 24 th of June last in Guildhall there was a Common Hall summon'd by Sir John Moor Knight and thereupon held for the Election of Sheriffs for the Year then ensuing the Feast of St. Michael And that on the same 24 th of June Sir John Moor then Mayor adjourn'd the Court till the Tuesday following by Proclamation That after the said Adjournment my Lord Mayor made Proclamation for all Persons to depart and that the Defendants intending to disturb the Peace of the King after the Adjournment aforesaid did unlawfully with many Persons unknown meet together and Riotously assault the Lord Mayor And after the Adjournment by Proclamation two of the Defendants Pilkington and Shute by colour of their Office as Sheriffs of this City and the rest of the Defendants did continue the Poll and unlawfully affirm to the People That Sir John Moor had no Power to Adjourn them And that they continued this great Tumult three hours to the Terror of the King's Subjects and the evil Example of others and against the Peace of our Soveraign Lord the King To this the Defendants have pleaded Not Guilty c. Mr. Att. Gen. This Information my Lord is brought for setling the Peace in this City and to shew before you all who is the Supream Magistrate under the King in this City For that Gentlemen you see is grown a great Question Whether my Lord Mayor is not only in the Hall but in his Chair the Supream Magistrate Gentlemen I must acquaint you That my Lord Mayor in all times even before the City had the Election of him was the King's Lieutenant and the Supream Magistrate in the City and no Publick Assemblies could ever meet together without his Summons he was the great and chief Directer and this I believe in all your Observations that are of the Jury I can make it evident That this hath been the constant frame of this Government in the City For the Sheriffs Gentlemen they are no Corporation Officers they are County Officers as in all the Counties of England and they are the King's Officers for the execution of the King's Writs and the Preservation of the King's Peace but the Government of the Corporation is in the Mayor and not in the Sheriffs Gentlemen The Question now arising here is about the Election of Sheriffs it 's true there was very disorderly Tumultuous Proceedings my Lord Mayor he comes and doth appoint another day for them and discharges them at that time We will make appear to you that it was always his Right in all times both to Summon a Common Hall and dissipate it and appoint them another day or to Dissolve them as the Mayor did see cause The Mayor having according to the ancient manner Adjourned this Court the Sheriffs they proceed do not only refuse to obey but they proceed and make Proclamation That it is not in the Power of the Mayor taking upon them that which never any Sheriffs did in any time they make Proclamation contrary to what the Mayor had done and continue the Poll and proceed and Proclaim the Mayor had usurped that power which was theirs though afterwards they transferr'd the Supream Power to the Livery-men But I think no age will suffer
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
Sir Fr. Winnington Who Polled them Mr. Lightfoot The Sheriffs and the Officers stood and saw them go out and this is within these few years Sir Fr. Winnington Mr. Lightfoot I ask you thus now in all your Observations when there was any Contest who was Sheriff upon the Election and the Divisions during the time of Election and before it were at an end who did manage it the Sheriffs or the Lord Mayor Mr. Lightfoot When the Court had been proclaimed and the Recorder had spoken to them my Lord Mayor and the Aldermen withdrew from the Hustings and the Sheriffs and other Officers stood there with them then the Commons proposed who they would have put in nomination and they were put up then the Sheriffs have turned back to the Gentlemen upon the Hustings to ask their opinions how are your opinions concerning the Hands We do think it goes so then it hath been declared Sir Fr. Winnington By whom Mr. Lightfoot The Common Cryer or the Common Serjeant Sir Fr. Winnington You say as soon as my Lord Mayor withdrew during the time of Election the two Sheriffs managed the Hall Mr. Lightfoot In that manner with others Sir F. Winnington Mr. Lightfoot Do you remember who Adjourned the Hall when Mr. Bethel and Mr. Cornish were Chose Mr. Lightfoot I can't tell Mr. Ser. Jefferies Mr. Com. Ser. Are you Sworn Mr. Com. Serj. Yes Mr. Serj. Jefferies Pray will you tell my Lord and the Jury what you have observed in particular because I mentioned it in the time of Sir Robert Clayton mention how that was Mr. Com. Serj. My Lord when the Common Cryer hath made Proclamation the Lord Mayor and Court of Aldermen being set upon the Hustings Mr. Recorder makes a Speech as soon as that is done my Lord Mayor and the Aldermen retire into this Court leaving the Sheriffs and me and the rest of the Officers upon the Hustings and I there manage the Election and when the Election is made I go up to the Court of Aldermen and make Report of what hath been done in the Hall I declare the Election and I manage the Election and do it as the duty of my Place Mr. Williams Who manages the Election Mr. Com. Serj. I manage the Election I declare what is my opinion of the Election in the Hall and I come and make Report to my Lord Mayor in this Court then my Lord Mayor and the Aldermen and the Recorder come down again I remember particularly when Sir Robert Clayton was Lord Mayor it was about the Choice of Mr. Bethel and Alderman Cornish and there was a great disturbance in the Hall then I came into the Court and after I had made my Report I offer'd to give the Paper to the Recorder that then was Sir George Jefferies he told me that the people wou'd not hear him and therefore he wou'd not take the Paper Upon that Sir Robert Clayton said to me Prethee do thou speak to them they will hear thee if they will hear any body for the Hall was in a great uproar and they call'd to throw me off the Hustings and then I made Answer to Sir Robert Clayton Sir It is not the duty of my Office and when I do any thing that is not my Office I shall expect particular Directions Then saith he You must tell them I must Adjourn them till Munday because I go to the Old Baily to try the Assassinates of Arnold Thereupon the Hall was Adjourned and Proclamation made to depart and my Lord Mayor attempting to go was beat back twice or thrice but at last they let him and the Aldermen go and kept the Sheriffs and me till Evening At last Mr. Papillon came up to me Mr. Papillon says I I am glad to see you you will hear Reason says he why do not you go on with the Poll I told him my Lord Mayor had Adjourned the Hall Says he I did not hear it before but now you tell me so I will go out of the Hall Says I Sir you will do very well to tell the Hall so which he did and some went away and further Adjournments were made by the direction of my Lord Mayor Mr. Att. Gen. I would ask you a Question or two Who do you look upon to be the Chief Magistrate of the City Mr. Com. Ser. My Lord Mayor Sir Mr. Att. Gen. Pray in all your time till this was there no Uproar Did ever any Sheriff undertake to Control the Mayor in the business of putting Questions or taking Votes Mr. Com. Serj. Sir there was never any dispute till Mr. Sheriff Bethel was upon the Hustings and then there was Mr. Att. Gen. As whose Officer did you do it Mr. Com. Serj. My Lord Mayor's and the City of Londons I have nothing to do with the Sheriffs for when there is a Writ comes for the Choice of Parliament men directed to the Sheriffs I never do it but Mr. Secondary Mr. Att. Gen. I speak of later Disturbances Mr. Com. Ser. The first Dispute about Sheriffs since I was Common Serjeant was about Mr. Jenks and that Poll was taken by the direction of the Lord Mayor by the Town Clerk and my self and our Books say If there be a Dispute in the Common Hall it must be decided as in the Common Council It is in Liber albus Mr. Att. Gen. Liber niger Mr. Serj. Jefferies No Liber albus Mr. Att. Gen. Liber albus It is Liber niger they turn the white Book into a black Book now Sir F. Winnington At that time Sir when my Lord Mayor was willing to go to the Old Baily Did the Sheriffs do any thing farther Mr. Com. Serj. The Sheriffs did not meddle in the matter Mr. Serj. Jefferies Mr. King Pray give my Lord and the Jury an account of what you know of this matter Mr. Peter King I have been at a Court of Common Hall 28 years my Lord and have been concerned I never looked upon the Sheriffs to have any concern there And I do very well remember Sir George Jefferies I do remember and know they did always in ancient times take advice of the Officers by and they never did esteem themselves in those days to be any more concerned than as the best Officers to be preferred before the rest When my Lord says Come up they come in order the Masters and Wardens of the Companies Mr. Att. Gen. Who did do the business upon the Hustings Mr. King All of them Sir altogether Mr. Att. Gen. Was there never any difference about the Votes Mr. King Sometimes they have stood upon it Mr. Att. Gen. When there was a Question made to know who had the most who decided it Mr. King They generally asked one another What do you think and what do you think I speak for 20 years together since the King came in Mr. Att. Gen. I hope in God there hath been a King in England for 20 years though perhaps some of the Sheriffs that were then
in Debate would have had none Mr. Thomson Mr. King I only desire to know this of you because I know you know Questions I desire my Lord to know whether he speaks it to be a matter of Right or his Opinion for we know Mr. King's Opinion will go a great way in this matter Do you speak it as a thing of Right or as your Conceptions Mr. King Sir it would be a thing very confident in me to determine of the Right but only as I always esteem'd it Mr. Serj. Jefferies Mr. King I would ask you this Question Pray do you tell your belief upon the Observation that you have made from time to time of the Practice there Mr. King An hundred and a hundred Common Halls I believe I have been at Mr. Thomson That 's good store Mr. Ser. Jefferies That may be when there are many Fines when I was Common Serjeant there were 5000 pounds Fines one year Sir F. Winnington I desire you to give your opinion you say they are all equal that are there Mr. King Every Officer in his degree for if 20 men go together he that is best speaks first Mr. Att Gen. Were the Sheriffs allowed to be there or no Mr. King The Sheriffs are always bound to attend my Lord Mayor by their Oaths unless they have lawful excuse Mr. Jones Mr. King Did the Sheriffs ever continue the Assembly after it was dissolved Mr. King No Sir Mr. Jones Or could they do it Mr. King I can't say that Mr. Thomson Did you ever know my Lord Mayor Adjourn the Court till the Hall had done Mr. King I can't tell Mr. Thomson I tell you Sir Sir Samuel Starling did Mr. Serj. Jefferies But the Sheriffs could not do it Mr. Thomson Nor he neither for he paid for it Mr. Holt Mr. King I ask this Question Who declares the Poll in the Hall Mr. King The Common Serjeant Mr. Holt Who directs him usually Mr. King His Office directs it self Mr. Holt I ask if the Sheriffs don't agree who is elected before the Common Serjeant make Proclamation Mr. King They always agree unless it be very clear I have known the Common Serjeant do it several times without disputing Mr. Com. Serj. When Persons are put in Nomination and the hands are held up I generally ask the People about me who have most and particularly the Sheriffs and so make Declaration L. C. J. The Officers ask one another who they think has most that doth not give them the Jurisdiction that they chuse Officers without the Lord Mayor or Sheriffs but for ought that I see these Officers have had more to do about the Choice than the Sheriffs have These Officers consult one with another commonly and conclude which side have most and then report it to my Lord Mayor Mr. Serj. Jefferies First of all when they put any Question for any Officer in the Common Hall the usual way of putting the Question is As many of you as would have such a man to be such an Officer hold up your hands And if the Election be clear Proclamation is made presently If not the Common Serjeant asks Who they think hath the Majority Which being declared they acquiesce But since Mr. Bethel came in there have been very hot disputes in the World but before his time there were attempts made to keep Sheriffs off but never before to get Sheriffs on And after the Election is declared below immediately they go to my Lord Mayor and report it to him and then comes down the Mayor and Aldermen to the Hustings and the Recorder says We are informed that such and such persons have been put in Nomination and the Election passed upon such and such And then the Lord Mayor commands the Assembly to be disâ—â—â—ved Mr. Wells When the Common Hall is first met together are not the Lord Mayor and Aldermen generally present Mr. Com. Cryer At the first meeting Mr. Serj. Jefferies When they are there set give an Account what Proclamation is there made Mr. Att. Gen. How long have you known it Mr. Com. Cryer I have been in this place almost seventeen years I always come with my Lord Mayor I do make Proclamation by Order of my Lord Mayor dictated by the Town-Clerk and I take the words from the Town Clerk and his words I say You good Men of the Livery summoned to appear here this day for the Confirmation of such a one chosen by my Lord Mayor and another fit and able person to be Sheriffs of the City of London and County of Middlesex for the Year ensuing draw near and give your Attendance I never adjourned the Court in my life but by Order from my Lord Mayor nor never dissolved the Court but by Order from my Lord Mayor Mr. Serj. Jefferies Mr. Common Cryer I would fain know this When my Lord Mayor is gone and the Aldermen during the Election do you ever dismiss the Court before my Lord comes down again and do not you take the very words of Dissolution from the Town-Clerk Mr. Com. Cryer I do so Mr. Serj. Jefferies And what is usual in your time when Sheriffs have sined off who gives directions for a Common-Hall Mr. Com. Cryer My Lord Mayor Sir Mr. Att. Gen. Who is it puts the Question the Common Serjeant or the Cryer Mr. Com. Cryer The Common Serjeant dictates the words to me and I never take them from any other I have taken the Paper into my own hands but never but one year neither when they were in a confusion the time when Mr. Bethel was chosen there was some difference I did read the Names that time and never but that one time I always take the words from the Common Serjeant I never put any Vote but what I have from the Common Serjeant Mr. Att. Gen. Do the Sheriffs put any Vote Mr. Com. Cryer Never Sir L.C.J. I do not understand him I think he did mean when Bethel was chosen he put the Question by some body else Mr. Serj. Jefferies No no he took the Paper in his hand Before he used to take Dictates from the Common Serjeant but there was a confusion when Bethel was chosen and then he took the Paper from the Common Serjeant and read it Mr. Com. Cryer He gave me the Paper into my hand Mr. Com. Serj. My Lord they made such a noise that he could not hear me Mr. Williams Mr. Wells how long have you been Common Cryer Mr. Com. Cryer about seventeen years Mr. Williams In all that time did you ever hear the Lord Mayor adjourn the Court to a certain day Mr. Com. Cryer Yes Mr. Williams To a certain day Mr. Com. Cryer My Lord Mayor adjourned this Common Hall to a certain day Mr. Williams I ask you upon your Oath again Did you ever kâ—â—w the Lord Mayor adjourn a Common Hall to a day certain Mr. Serj. Jefferies Do you remember that of Sir Robert Clayton's L. C. J. If so be they be adjourned to meet upon
a new Summons if there be occasion no question but he may to a certain day Mr. Williams Now we are upon matter of fact Sir Fr. Winnington Did you ever know my Lord Mayor adjourn them before the Election of Sheriffs was over Here is my Question observe it When after once my Lord Mayor is gone out of the Hall when the Election begins did you ever know my Lord come and disturb the Election or adjourn it before it was done Mr. Com. Cryer I never knew any thing of it before now Mr. Att. Gen. Mr. Wells do you remember that instance in Sir Robert Clayton's time Mr. Com. Cryer No Sir Mr. Att. Gen. Have not you known my Lord Mayor dissolve the Court before the business hath been done take up his Sword and be gone Mr. Com. Cryer When he hath a mind to adjourn the Court and declare it I adjourn it by his Order Mr. Att. Gen. But have you not known him take up his Sword and be gone before the Election is over Mr. Com. Cryer Sir Robert Clayton did do that before the business was done Mr. Thomson Mr. Wells do not you remember in Sir Samuel Starling's Case that he did adjourn the Hall Mr. Com. Cryer He dissolved the Hall Mr. Thomson Very well Mr. Serj. Jefferies He did dissolve the Hall and so hath every Lord Mayor since My Lord if your Lordship please I perceive this Gentleman makes a Question whether ever there was an Adjournment of a Common Hall before such a time as the Election of Sheriffs was over I will give you an Answer to that Question and a very fair one and a plain one I say till the time of Bethel in Sir Robert Clayton's Mayoralty there was never such a thing as a Poll for Sheriffs L. C. J. Silence that we may hear Mr. Williams My Lord we only ask a Question we ask a Question and take our Answer Mr. Serj. Jefferies Will you give us leave to go on Sir Mr. Att. Gen. Sir William Hooker Pray how long it is since you were Sheriff of London Sir William Hooker About 16 or 17 years ago Mr. Att. Gen. You have been Sheriff and Lord Mayor of London I would only know whether you looked upon it as your right when you were Sheriff Sir William Hooker No nor never durst presume to think it In those days it was not thought upon Mr. Att. Gen. When you were Lord Mayor did you order Summons for Common Halls Sir William Hooker Always Mr. Att. Gen. Did you ever use to consult with your Sheriffs when to call a Common Hall Sir William Hooker Never and I think no such thing was ever heard of under the Sun till of late Mr. Thomson Sir William Hooker Did you ever Adjourn the Court before the business was done Sir William Hooker I never saw any such occasion Rebellion was not ripe then Mr. Att. Gen. Sir William Pray thus Have you ever in a Common Council or Common Hall known my Lord Mayor rise before the business was done and take his Sword Sir William Hooker I confess I must own it That when things grew to a greater height I was forced once in this place to cause the Sword to be taken up and go out and the Court was dissolved and durst not go on after I was gone Mr. Serj. Jefferies Now my Lord if your Lordship please I desire to call the Sword-Bearer Mr. Williams Sir William Hooker If I may without offence ask you how old are you Sir William Hooker Seventy years of age Sir Mr. Williams You say you never knew Rebellion ripe Sir William Hooker Good Sir I perceive you are very apt to mistake I lived in 41 and 42. Mr. Att. Gen. Sir William Can you remember the Meeting in 48 Sir William Hooker Ay very well Mr. Att. Gen. Then they usurped the very same Power and an Act of Parliament to confirm it Mr. Serjeant Jefferies My Lord I desire Mr. Sword-Bearer may be Sworn Sir Franc. Winnington Pray Sir in all the time that you have been acquainted with the Customs of London did you ever know when there was an Election for Sheriffs that the Lord Mayor did interpose or meddle till the Election was over Sir William Hooker Sir of late years I have not appeared because of an Infirmity I cannot be long in London but in all that time I used to appear I never did observe any such thing Sir Fr. Winnington That the Mayor ever meddled Sir William Hooker Nay Sir that the Sheriffs ever meddled When I was Sheriff of London I durst not presume to meddle but left the whole to my Lord Mayor Sir F. Winnington Did you ever know when the Election of Sheriffs was in a Common Hall that the Lord Mayor offered to disturb them till the Election was over Sir William Hooker Truly I do not remember any such thing Sir Fr. Winnington I would give you a full Answer I do tell you as it hath been declared My Lord Mayor and the Aldermen came into the Court and a Report is made when this is done they leave the management of the Affair to others we come and sit down till it is done Sir F. Winnington To whom do you leave the Concernment Sir W. Hooker To the Officers that it belongs to Sir F. Winnington Who are those Officers Sir W. Hooker I never heard it disputed till just now Mr. Jones Sir W. Hooker you have been an ancient Citizen do you remember that ever the Sheriffs presumed to hold this Court Sir W. Hooker No never in my life You may confound any man at this rate Mr. Williams Pray Sir in your time was there a Poll for Sheriffs in London Sir W. Hooker Truly not as I remember Mr. Williams Do you remember any Poll in your time If you don't remember a Poll you can't remember who took it Mr. Sol. Gen. Pray Sir William Hooker do you ever remember the Sheriffs appointed the Common Serjeant to take the Poll Sir W. Hooker Never in my life Mr. Serj. Jefferies Mr. Sword-Bearer I won't ask you how old you are I desire to know how long you have been an Officer in this City Mr. Sword-Bearer Three and twenty years Mr. Serj. Jefferies I desire to know in all your time who ordered Common Halls Who gave direction for the summoning Common Halls Mr. Sword-Bearer My Lord Mayor always Mr. Serjeant Jefferies Did my Lord Mayor use to send for the Sheriffs to know of them when they would be pleased to have a Common Hall Mr. Sword-Bearer I never knew that the Sheriffs did interpose in calling a Common Hall in my life Mr. Serj. Jefferies Mr. Sword-Bearer at such time as the business was done when the Common Cryer had Directions for dissolving the Common Hall pray who used to give these Directions all along Mr. Sword-Bearer It was done by the Town Clerk and my Lord Mayor's Officers Mr. Serj. Jefferies Did ever the Sheriffs continue the Hall after my Lord Mayor had Adjourned it Mr.
Sword-Bearer Truly I know no such thing Mr. Thomson Mr. Sword-Bearer I would ask you one Question If in case the Common Serjeant or the Common Cryer or any other Officers do put a Question that the Commons would not have put who orders them to put the right Question Mr. Sword-Bearer I can't say any thing to that Mr. Att. Gen. After the Common Serjeant comes up and reports what is done then what doth my Lord Mayor do Mr. Sword-Bearer My Lord Mayor and the Aldermen go down to the Hustings and it is declared by the Recorder or the Common Serjeant by the order of my Lord Mayor I think my Lord Mayor went once down to give them some satisfaction upon a dispute Sir Fr. Winnington Mr. Man during the Election did you ever hear them Adjourn'd before it was over Mr. Sword-Bearer No Sir nor never heard any occasion for it Mr. Williams The Common Serjeant affirms himself to be a Servant to the Commons and not to the Lord Mayor and Aldermen have you known a Common Serjeant say he was a Servant to the Commons and not to the Lord Mayor and Aldermen Mr. Sword-Bearer I never was in a Common Hall upon any such dispute I am with my Lord Mayor Mr. Serj. Jefferies I have known a Recorder reprehended by a very learned Lawyer for saying My Masters the Aldermen Sir Fr. Winnington I ask you who hath the management of the Common Hall in the absence of the Mayor Mr. Sword-Bearer I am always here waiting upon my Lord Mayor Mr. Serj. Jefferies My Lord if your Lordship please we will rest here as to point of Right Now my Lord in the next place we will come to that which is a more immediate Question before you and we will prove the manner of it and the persons that are guilty for that is the next step we are to go Mr. Bancroft Mr. Williams My Lord they have laid in the Information That the Sheriffs are duly Elected for one year next following from the Eve of St. Michael now prove your Election to be for that year you have laid in your Information Mr. Thomson My Lord they have certainly in Fact mistaken their Information My Lord They do declare that the Common Hall was held according to Custom For the Election of Sheriffs to hold that Office from the Eve of St. Michael for the year next ensuing Now my Lord that is not so in Fact nor never was for the Election is for a year to commence on Michaelmas Day They take on the Eve the Office upon them but they do absolutely exercise the Office for a Year from that time from the Eve Now my Lord we say that Day is excluded we are sure it is a Common Case it is known very well as in a Lease the Habendum from any Date the Day of the Date is no part of that Lease it is exclusive and no part of the Term and therefore my Lord if they do not prove it as they have laid it we hope they will be non-suited Mr. Sol. Gen. That is another piece of Law Mr. Holt The Eve of Michaelmas Day we make this Objection and put you to prove it Mr. Serj. Jefferies Give us leave to go on Gentlemen let us prove what we think fit and if we have not made it out then make your Exceptions Mr. Holt Mr. Serjeant I think it is proper to put it now for if there be no such Election there can be no such Riot for they have made it a Riot in a special manner Mr. Serj. Jefferies Mr. Holt under your favour it is not a time for it now Mr. Att. General This is the oddest way these Gentlemen take upon them so I will not prove it and pray be quiet till I come to my time Sir F. Winnington Pray Mr. Attorney if we have an Objection to make if the Court pleases we may be heard Mr. Serj. Jefferies Certainly it was never known that when Mr. Attorney exhibited an Information to tell us how to prove it Surely Gentlemen you will give us leave to go on with our Proof won't yee Mr. Molloy Mr. Bancroft How long have you been a Servant of the City By whose Order was the Hall summoned Mr. Bancroft By my Lord Mayor's Mr. 〈◊〉 Who hath Dissolved them Mr. Bancroft My Lord Mayor Mr. 〈◊〉 Did you ever know the Sheriffs give any Order for the dissolving of it Mr. Bancroft No. Mr. Thomson Did you ever know it dissolved before the business was done for which they were call'd Did my Lord Mayor in your time either dissolve them or send them going till the Election was over Mr. Bancroft I can say nothing to that Att. Gen. Mr. Bancroft I would ask you this Sir Did the Sheriffs ever continue the Hall after my Lord Mayor had dissolved it Mr. Bancroft No I never knew that in my life Sir Fran. Winnington Mr. Bancroft I would ask you a Question I don't ask you who calls them or bids them go home during the time of the Election did my Lord Mayor ever meddle Mr. Bancroft My Lord Mayor withdraws Sir F. Winnington Who are those among the Commons that manage the business when my Lord Mayor withdraws Mr. Bancroft The Sheriffs and the Common Serjeant and the Common Cryer Sir F. Winnington Who manages the Election Who declares the Election Who declares who is chosen Mr. Banc. When the Election is made below then the Sheriffs come up and the Common Serjeant and the Common Cryer along with them and acquaint my Lord Mayor and he goes down and there doth confirm the Election and withal when the work is done he dissolves the Court. Mr. Williams Did you ever know a Poll for Sheriffs Mr. Thomson Do you take the Common Serjeant to be an Officer of the Commons of London or an Officer of my Lord Mayor's Mr. Bancroft I cannot be certain what he is Mr. Thomson If in case the Common Serjeant differ from them in declaring the Poll is it not usual for the Common Hall to order him to put it up again Mr. Serj. Jefferies Who does make a Judgment of the Election the Common Serjeant or the Sheriffs Mr. Bancroft The Sheriffs Mr. Serjeant Jefferies Do not the Common Serjeant make Observation as well as the Sheriffs Mr. Bancroft The Sheriffs give their Opinions in it Mr. Serj. Jefferies Now my Lord if your Lordship please if they had done we would desire to go on to our Fact for otherwise for ought I perceive we shall be in here till this time to morrow and they say we must not adjourn till the Cause is over Mr. Common Cryer heark you Mr. Common Cryer Were you present at Midsummer Day when this business happened Give my Lord and the Jury an account of the carriage then Mr. Com. Cryer I was there at the beginning of the Election I did make Proclamation afterwards there was a Poll demanded and the Poll was begun and I went home with my Lord Mayor afterwards my
Lord Mayor came back again and there was a Hubburb but about 5 or 6 a Clock my Lord Mayor came down upon the Hustings and I adjourn'd the Court till another day I did Adjourn it by his order according as I used to do and then I went away with my Lord Mayor Mr. Att. Gen. But what usage had you in going out Mr. Common Cryer I went before my Lord Mayor I was not with him Mr. Williams Where was the Adjournment M r. Com. Cryer Upon the Hustings Mr. Williams Were the Sheriffs Polling the People then Mr. Com. Cryer I don't know that Sir Mr. Williams Were the Sheriffs near the Hustings Mr. Com. Cryer I don't know I saw them not Sir Fr. Winnington Upon the Election of them when my Lord Mayor came to Adjourn the Court were the Sheriffs acquainted with it Where were the Sheriffs Mr. Com. Cryer My Lord Mayor sent to them Mr. Serj. Jefferies Mr. Weston Pray will you tell my Lord and the Jury what Directions you had from my Lord Mayor and how he was used when he came out of the Hall Mr. Weston My Lord Mayor sent me my Lord to the Sheriffs under the Lumbard-house twice to come up to the Council-Chamber and they told me One told me he was upon the King's Business and the other said he could not come and about half an hour after my Lord Sheriff Pilkington came up to my Lord Mayor into the Council-Chamber and then immediately came down to the Court of Hustings and Mr. Common Cryer by my Lord Mayor's order did Adjourn the Court from Saturday till Tuesday following and as we were coming out of the Hall when Mr. Common Cryer had Adjourn'd the Court and said God save the King a great part of the Hall hiss'd and but that there were so many honest Gentlemen about my Lord I was afraid my Lord would have come to some mischief but coming to go into the Porch-yard I saw his Hat off and I went to catch his Hat and caught one of his Officers by the head that was knocked down or fell down that held up his Train My Lord the Sword was at that distance farther then it is between your Honour and where I stand and crouded far away and when my Lord came out into the Yard Gentlemen says he I desire you would go home to your Lodgings and commanded them in the King's Name to depart and says he to me Pray go you back and let the Sheriffs know and tell them I have Adjourn'd the Court to Tuesday Upon my Lord's Command I went back to let the Sheriffs know that my Lord had Adjourned the Court till Tuesday Mr. Serjeant Jefferies Both of them both Shute and Pilkington Mr. Weston No Shute t'other was by Mr. Serj. Jefferies It was in his hearing was it not Mr. Weston It was in his hearing Mr. Serj. Jefferies Did you see my Lord Mayor down and his Hat off Mr. Weston I saw his Hat off Sir George but I can't tell how it came off Mr. Williams You say you saw my Lord's Hat off can you tell whether my Lord was so courteous to take his Hat off or no Mr. Weston I dare say my Lord did not Mr. Williams Did he or no I ask you upon your Oath Mr. Weston I can't tell that Sir L. C. J. I can't think that those Gentlemen were so extraordinary civil to my Lord Mayor that when the Common Cryer made Proclamation God save the King that there should be hissing those that hissed were not extraordinary civil to my Lord Mayor and I believe you don 't think so neither Mr. Williams I ask you a Question My Lord Mayor's Hat was off L. C. J. Ay and it must be supposed it was to Complement those fine men that hiss'd at God save the King Mr. Serj. Jefferies My Lord if your Lordship pleases I would desire to know what account any of them can give of the opinion they had of the King to be sure they had a great opinion of his Representative But my Lord Mayor I find was so extraordinary civil that to this Rabble he must not only pull off his Hat but fling his Hat on the ground to them Mr. Thomson I ask you whether you know that any of the Defendants in this Information did throw my Lord Mayor's Hat off or no Mr. Weston I can't say that Mr. Serj. Jefferies It is not a farthing matter Sir F. Winnington Here is a mighty Riot upon the Hat Mr. Weston Now I desired them to keep back my Lord Mayor's Friends did press back as much as they could to preserve my Lord Mayor they prest more forward as the other kept back and I desired them to forbear nay commanded them in the King's Name and upon their Peril and took my Cane to strike at some of them Mr. Williams Did you Mr. Serj. Jefferies He served them well enough L. C. J. He did so Do you think a Magistrate is to be crouded and prest upon Mr. Weston I struck at them and said Gentlemen keep back and entreated them and commanded them and all would not do Mr. Serj. Jefferies I would only say this Mr. Com. Serjeant What did you hear when Proclamation was made to depart Mr. Com. Serj. My Lord I was not in the Hall when Proclamation was made but I heard them cry out No God bless the King and I heard them cry out Down with the Sword No Lord Mayor no King Mr. Williams Can you name any Person that said this Mr. Com. Serj. My Lord I laid hold on one man that cryed No God save the King No Lord Mayor and the Rabble got him from me one that I heard say so Mr. Williams Mr. Common Serjeant you say you heard this can you name any person Mr. Com. Serj. I tell you I caught hold of him and the Rabble got him from me Mr. Williams Can you name any one Mr. Com. Serj. I tell you I cannot Mr. Serj. Jefferies My Lord I hope that will not much prevail in this place but I hope it doth justifie my Lord Mayor for endeavouring to disperse the Rabble that came together to that height when the King was prayed for to cry out No King No Lord Mayor And we don't give this in Evidence against any one person for it was done in a tumultuous manner but they were so fond of this man as that they rescued him from him and to fix it upon them we will prove they were every one of them concerned in the Riot Mr. Craddock What account can you give of this matter Mr. Craddock I was standing at the place where they Poll'd and my Lord Mayor was coming towards it to protest against their manner of proceeding and Sheriff Bethel came to me and said Resist him I think he hath nothing to do here Mr. Serj. Jefferies That was Bethel Slingsby Bethel Mr. Craddock It was either oppose or resist him Mr. Sol. Gen. He says he thinks he said Resist him but he is sure
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
the Court. Mr. Fletcher On the 24 th of June I was here by order of Sheriff Shute after my Lord Mayor had adjourned the Court and it was to call all men that were to Poll to come forward for the Books were to be shut up and I went away immediately I was very hot and went away to the Three-Tun Tavern Mr. Serj. Jefferies Did you see Mr. Shute there Mr. Fletcher Mr. Pilkington was there and Mr. Shute too Mr. Serj. Jefferies Can you name any body else Mr. Fletcher No I can name no body else Mr. Serj. Jefferies What did Mr. Shute say Mr. Fletcher He ordered me to make Proclamation for all men them that had a right to Poll to come and poll for the Books were to be shut up Mr. Serj. Jefferies Captain Clark pray will you give an account of what you observed Capt. Clark I came down into the Hall and I did hear a whispering whereupon I went to guard my Lord Mayor my Lord Mayor came down upon the Hustings and Proclamation was made for the adjournment of the Court whereupon when proclamation God save the King was made an hundred c. I believe more hist at that I laid hold of one of them No King's-man no Sword's-man cryed they Sirrah you are a Rascal and a Traytor in your heart said I and laid fast hold on him but there was a very great crowd and sayes one or two For God's sake Captain Clark do you guard my Lord There was Mr. Weston and Major Kelsey my Lord said they is in danger said I Gentlemen keep by him or go before I will be in your Rear-Guard My Lord Mayor was down upon his Knee I can't tell how he came down Press on press on this was the Cry and God save the Sheriffs After coming down the steps I pressed as near as I could to my Lord Mayor to keep them off Now said I this is the time to keep the Rabble off now face about I had my Sword in my hand and with the pommel of my Sword kept them off Before God said I I will keep you off and so I waited on my Lord home and went and drank a glass of Sack About an hour or two hours afterwards I came down to the Hall and found the People shouting God save the Sheriffs God save the Sheriffs What nothing said I of my Lord Mayor But said I this is not a place to quarrel in let us not quarrel together I saw the Sheriffs Pilkington and Shute were concerned in carrying on the Poll and this they continued to do for some time at last I am weary of the Hall said I I will go home and this was between 8. and 9. a Clock Mr. Serj. Jefferies Can you remember any body else besides the Sheriffs Capt. Clark No Sir I cannot Mr. Serj. Jefferies Can you remember Sir Thomas Player Cap. Clark No I can't Mr. Serj. Jefferies Captain Clark Did you know never a one of them that cryed out so Capt. Clark No my Lord I was before Sir Robert Clayton Mr. Serj. Jefferies Major Kelsey pray will you give my Lord and the Jury an Account of what you saw on Midsummer day Major Kelsey My Lord when my Lord came out of the Court I went after and some cryed Stop him stop him but I got between them and some of my Lord's Friends kept them off but when we came just to the going out they gave a shout and I saw my Lord Mayor's Hatt upon his Back and I can't tell whether he touched the ground with his hand but I was e'en almost down said I Gentlemen do you intend to murder my Lord Mayor Mr. Serj. Jefferies Who did you see there Major Kelsey Indeed Sir I was almost down and did not see their Faces Mr. Serj. Jefferies Mr. Trice Hammon I would only ask you Who did you see who did you observe to be there Mr. Hammon About 9. a clock at Night or something before I stood at the Door that leads to the Common-Pleas and there came in Alderman Cornish and Good-enough and Old Key an old white-hair'd man and by and by my Master Sheriff Shute came out and told me I shall give you all Satisfaction by and by God bless you Mr. Sheriff said I and he went again and there I staid till they came out and then he went upon the Hustings and I went along with him when he came out Mr. Serj. Jefferies Who went with him out to go to the Hustings Mr. Hammon Sir William Gulston and several other men there is never a name in the Indictment more Mr. Serj. Jefferies None of them that are in the Indictment name them Mr. Hammon I have named them Mr. Serj. Jefferies Prethee name them Mr. Hammon Mr. Alderman Cornish both the Sheriffs my Lord Grey Mr. Good-enough and old Mr. Key Mr. Thomson Which Good-enough Mr. Hammon That Mr. Good-enough that stands there Mr. Serj. Jefferies There is such a noise that I did not very well hear that word Mr. Hammon Goodenough not that Goodenough that looks upon me but he that stands behind Mr. Serj. Jefferies He falls behind now but he ran up and down then and Alderman Cornish was there too Mr. Jones You witness you have named all these men what did Shute do or what did he say Mr. Hammon When he came upon the Hustings he made proclamation himself because one or two refused it he did it himself and after a while he adjourned the Court upon the Hustings this was on Midsummer day Mr. Jones What did he say Mr. Hammon As the Common Cryer usually sayes at such times Mr. Thomson You say you saw Mr. Goodenough and you saw my Lord Grey upon your Oath can you say they did any thing or was any thing done in abuse to my Lord Mayor Mr. Hammon They did not tell me my Lord what they did Mr. Thomson I ask you what did they do L. C. J. Mighty busie they were Mr. Thomson How long was it after my Lord Mayor adjourned the Court Mr. Hammon About two hours Mr. Serj. Jefferies So much the worse L. C. J. You must understand it was some time before Mr. Sheriff had made his adjournment they were busie till that time Mr. Serj. Jefferies My Lord if your Lordship pleases I do agree with Mr. Thomson that the Jury should remember that this was two hours after my Lord Mayor had adjourned the Court. Lord Gray I desire my Lord I may ask him some Questions You say you saw me go to the Council Chamber at what time and who went with me Mr. Hammon A little before Candle-light Lord Gray You say all the Company went out with the Sheriffs and went away Mr. Hammon My Lord I did not say you came out Mr. Att. Gen. My Lord was of the Upper House Mr. Thomson Yes and may be there again Lord Gray I hope I shall be there Mr. Attorney Mr. Att. Gen. It had better you had been so then my Lord. Lord
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
and Mr. Jenks what did you see them do Sir Fr. Winnington Heark you Friend where was it you saw them Mr. Denham In the Yard Sir Fr. Winnington What did you see them do Mr. Denham Nothing at all Mr. Serj. Jefferies How many People might be there then two or three hundred Mr. Denham Above a Thousand Mr. Williams What did you hear Sir Thomas Player say Mr. Denham Nothing Mr. Williams How far was he from his own Door Mr. Denham On t'other side the Hall Mr. Williams A mighty way indeed a mighty thing What said Mr Jenks Mr. Denham I can't say Sir that I heard him speak a word only in the Tumult Sir Fr. Winnington Friend I ask you this I think I heard you say you saw Sir Thomas Player and Mr. Jenks in the Yard but you did not see them do any thing at all Mr. Denham No. Mr. Serj. Jefferies Pray Mr. Farrington will you tell my Lord and the Jury what you saw after my Lord Mayor had adjourned the Court. Mr. Farrington I saw there Sheriff Pilkington Shute Sir Thomas Player Mr. Wickham the Scrivener in Loathbury Mr. Jenks Babington one Jennings an Upholsterer L. C. J. Sir Thomas Player you say in the first place Mr. Farrington Yes and Wickham my Lord a Scrivener in Loathbury L. C. J. Who then Mr. Farrington Sheriff Pilkington and Shute and Mr. Cornish Alderman Cornish Mr. Serj. Jefferies Did you see one Deagle there Mr. Farrington No Sir Mr. Serj. Jefferies Wickham you saw there Mr. Farrington Ay Sir I know him very well Mr. Thomson What is Wickham's Christian Name Mr. Serj. Jefferies John Wickham he goes by that name it may be he was not Christ'ned Was Jenks there do you know him Mr. Farrington The Linnen-Draper Mr. Serj. Jefferies Ay very well he goes by the name of Francis Jenks Did you see Jekyl there Mr. Farrington I don't know the name I saw a great many I knew by sight but not their names Mr. Holt. What did these Gentlemen do Mr. Farrington I 'le tell you Sir there was Sheriff Pilkington and Sheriff Shute I went in where they were taking the Poll said I Gentlemen my Lord Mayor hath adjourned the Court what do you do here I suppose it lies in my Lord Mayor's power if it lies in him to call certainly he must dissolve Mr. Williams You argued thus Mr. Serj. Jefferies Pray give us leave to go on Mr. Farrington There was Mr. Wickham and saies he My Lord Mayor hath nothing to do here neither will we be ruled by any of your Tory Lord Mayors This is not the first aspersion said I that you have cast upon a Gentleman that loves the Church and the Government established by Law and they fell about me and had it not been for Mr. Fletcher and Mr. Hill I believe they had done me a mischief for they trod upon my Toes who did it I can't tell Mr. Serj. Jefferies But you say Sir Thomas Player and Pilkington and Alderman Cornish were amongst them Mr. Farrington Yes Sir Mr. Serj. Jefferies That 's enough Pray Mr. Cartwright will you tell my Lord and the Jury what you observed there and who was there Mr. Cartwright I know the names of no persons that were there all that I can say was this As soon as my Lord Mayor adjourned the Court upon the Hustings he came down and going out of the Hall he had like to have been thrown down had it not been for Mr. Shaw and going to save my Lord Mayor I wrenched my back and I spit blood for seven daies after Mr. Serj. Jefferies Tell that Mr. Cartwright over again Mr. Cartwright My back was wrenched in saving my Lord Mayor and I spit Blood 7 days after Mr. Serj. Jefferies Endeavouring to save my Lord Mayor his back was so wrenched that he spit blood 6 or 7 days after Heark you Mr. Cartwright ever since that time have you found any indisposition Mr. Cartwright I have not been my own man since Mr. Williams He took a Surfeit Mr. Serj. Jefferies He took a Surfeit of ill Company I am sure Mr. Sol. Gen. Mr. Shaw give my Lord and the Jury an account of what you know Mr. Shaw My Lord my Lord Mayor sent to the Sheriffs and ordered them to forbear Polling and come up to the Chamber and sent 2 or 3 times but they denied coming to him and went on and ordered the Common Cryer to make Proclamation for them to depart and if they stayed that he would look upon them as Rioters and there was hissing and a great deal of crowd and there was Sir James Edwards in the Court they hunched him with their Elbows and as his Lordship came down going down the Steps there was such a croud that if I had not catched his Lordship in my arms he had fallen upon his forehead and his hat was off L. C. J. Who did you see so misbehave themselves Mr. Shaw My Lord I can't tell Mr. Serj. Jefferies I think we have now proved it against every body we design save only against Mr. Deagle for we do not now proceed against Dorman Newman and Benjamin Alsop Now my Lord we will only prove against John Deagle and then we shall have done Mr. Kemp will you tell my Lord and the Jury who you saw here Did you observe any particulars after the Court was adjourned Mr. Kemp. I don't remember I observed any one man Mr. Serj. Jefferies You don't Had you any discourse with Mr. Deagle at any time Mr. Kemp Yes I had Mr. Serj. Jefferies What did he tell you Mr. Kemp. He did confess he was there about 7 a clock at Night Mr. Serj. Jefferies He did own he was amongst them Mr. Kemp. Yes with Alderman Cornish Mr. Serj. Jefferies What say you Mr. Rigby Mr. Rigby I saw him about 7 aclock Mr. Serj. Jefferies Was he in the crowd Mr. Rigby Yes amongst the People Mr. Serj. Jefferies Here is all now Gentlemen but Dorman Newman and Benjamin Alsop and we don't go against them now After they had done this and hist at the King and cried No King no Lord Mayor what acclamations went these People off with Mr. Hammond When the Court was broke up by the Sheriffs they cryed God save our true Protestant Sheriffs and in that manner they followed us Mr. Serj. Jefferies What say you Mr. Hammond They hollowed us home Sir as far as fishmonger's Hall Mr. Serj. Jefferies They began with a hiss and ended with a hollow Mr. Williams Gentlemen I am Councel for the Defendants and my Lord the question is under favour Whether these persons taken for Defendants whether they be guility of this Riot as it is laid in the Information We are now upon as special Case and the question is Whether guilty or not guilty My Lord in the first place for the Cries what the Cry was hath been too often mentioned for those Cries there is nothing at all fixt upon any person that is Defendant all that
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
consequence in Law will be that is in your Lordships Breast I am now speaking upon the Evidence that this hath not been practiced What the Law is for that we are to have your Judgment which I humbly crave I will be judged by Gentlemen that are my Seniors and better read in this matter but my Lord a man may have a power of calling and dissolving and not of adjourning it may be so But my Lord admitting it to be so for this time yet my Lord whether we are guilty of a Riot take the Circumstances of our Case Whether the Right of adjourning be in the Sheriffs yea or nay it is a question of Right and I had rather apply my self to your Lordship than to the Jury If there were a Question of Right between the Lord Mayor and the Sheriffs it may be admitted by our Councel that it was his Right to adjourn the Court and probably the Sheriffs might be in the wrong and the Lord Mayor in the right The Lord Mayor adjourns the Court and they continue it they go on with the Poll and go on with the execution of their Office as they apprehended if they were still for their Right I hope your Lordship will not make this a Riot My Lord for the Circumstances that followed the noise that was made which I don't love to mention if I say they were guilty of this I am silent but if they did no more as I hear no more proved upon them then continuing the Poll then I say it will be very hard to make them guilty of the Riot And another thing is this my Lord we all know if there were a thousand Electors any man knows that when there is a question upon an Election it is impossible such a thing shall be carried on but there will be reviling ill language and the like and to turn all these things to a Riot a thing so common from the beginning of Elections to this time if there be division and polling there will be something you may turn to a Riot But I say this they have not instanced in any one Defendant that he was guilty of any one particular act that amounted to a Riot in it self they have not instanced in one They say of Alderman Cornish That he was of the same opinion with the Sheriffs that they did insist upon the Rights of the City he took it to be the Right of the Sheriffs And saies one of them I will stand upon it Bethell that had been Sheriff Now we will call our Witnesses we will prove what hath been the constant practice in the City we will prove the methods of adjournment and my Lord this is to be said which your Lordship will observe That the Sheriffs adjourned the Court to the very same time with my Lord Mayor so that it was no more than to bring the matter to an issue in this case Sir Fr. Winnington Spare me a word in this case my Lord. There is no Evidence produced against Trenchard nor against Jekyl the Younger nor against Bifield nor 〈…〉 of these there is no question but they are as if they were out of the Information I must beg leave for a word or two as to those Defendants that they have offered some Evidence against The question is now before your Lordship Whether they are guilty of a Riot or no My Lord for ought I see it will stand upon a nicety of Judgment yet if there be not matter enough Gentlemen to make the Defendants guilty of a Riot then it will clear the Defendants My Lord as to those words that really were words that ought to be inquired into who they were that spoke them in relation to his Majesty I think it was a very ill thing of those men that saw them that they would not neglect all manner of business to seize them I think it was a duty to fix upon them but my Lord there is no Evidence to put it upon any of the Defendants My Lord that being pared off now the question is That the meeting together was lawful that is agreed then when they came together my Lord I do think that if we do rely upon the Evidence it will be a mighty hard thing to make this a Riot setting aside those villainous words that were spoken which cannot relate to the Defendants Suppose my Lord that among the Electors the whole Common-Hall of the City there doth a dispute arise before the Election is over concerning the adjournment of the Sheriffs or the Lord Mayor some men are of one opinion some are of another and their Evidence Mr. Peter King and another Attorneys I asked the question several times Did the Lord Mayor of London ever interpose or concern himself in adjourning the Hall till the Election was quite finished and they said No Then my Lord I must say it as to these particular Defendants in such a concourse of People as was met there it is as slender a proof of a Riot as ever was and intimates that the Citizens of London they that happen not to be the greater number they that lose the Election may be found guilty of a Riot in chusing other Officers as well as in the business of Sheriffs which being so tender a point I think it will be a very severe exposition my Lord to make this a Riot But now for the Matter we will call to your Lordship several Witnesses men that have been Magistrates in the City that it was alwaies looked upon that my Lord Mayor as he is the Principal Magistrate he gives notice for Common-Halls and when the several Electors are met and the business is over he directs them to go home and dissolves them but my Lord Mayor meddles not in every little administration of the Election of Officers but leaves them to inferiour Officers the Sheriffs and others that is their duty my Lord with submission they Poll them and send them home during the Election therefore by Law they do this for my Lord the Custome of a City and the Custome of a Place is the Law of the place and if the Custome of the place hath been that the Sheriffs have been the persons that have managed it it is their Right but the Common Serjeant he saies he hath the sole management of it Then if it be as Mr. Common Serjeant saies if that must go upon my word Gentlemen your Priviledges are reduced to a little compass L. C. J. They did conferr one with another who they took to have the most Voices and so reported it not that he did claim any thing in his own right but as an Officer of the City Now it is plain and I think there is no inconveniency falls upon it if an Officer acquaints my Lord Mayor according to the best of our Judgment we think such a man hath the most Voices that does not give him a right for him to make an Officer not at all Sir Fr. Winnington I say what he
said in his Evidence but one of the Attornies swears that they have all equal power I wonder then who should make an end of the business My Lord we will call to your Lordship Ancient Citizens that have been frequent at Elections to give you an account that the Sheriffs always had the management that my Lord Mayor never concerned himself till he had notice it was determined and if that be so and the practice hath been so then I don't see under favour my Lord how they will make this a Riot that is the Case Mr. Thompson Sir Robert Clayton will you please to tell my Lord and the Jury in what manner the Election of Sheriffs hath been and how the Mayors have usually left it to the Sheriffs in that case Sir Robert Clayton My Lord I have never heard this matter hath been in question till of late so I cannot declare much upon my own knowledge how the truth of fact is or should be I can only say this what the practice hath been When I came to the Chair I did endeavour to know my duty and to do it The first time I had occasion to take notice of this matter was in the year of my Mayoralty I did then accoding to custom Summon a Common-Hall when I had summon'd it there was a person presented to the Hall I had drank to the Hall did refuse him and there was a great noise and hubbub upon it and we found a way to accomodate that matter and left them to chuse two Sheriffs for themselves I retired into this Court together with my Brethren and Mr. Recorder that was then We sent for the Sheriffs up to examine the matter they told us that they could not agree the thing there was 4 Persons in Nomination but they had granted a Poll. After this we went down into the Hall of that Mr. Common Serjeant hath given some account and Mr. Serjeant Jefferies I shall to the best of my memory give the best account I can of it I shall only tell you what I did understand to be my duty I do not determine what the practice was but what I understood to be my duty When we came down into the Common-Hall to declare how the matter stood and that a Poll was agreed upon and granted we would have adjourned the Court to a longer time but the people cryed out to go to the Poll presently I was as you have been told by Mr. Common Serjeant to go to the Tryal of one Giles upon the Assassination of Arnold to the Old Baily I did twice or thrice attempt to get down out of the Hall through the crowd and was repulst the croud was so great I could not get through but was fain to retire back again to the Hustings as I remember two or three times There might be some such discourse as Mr. Common Serjeant hath said but thus far I can remember that I did both by my self and the Common Serjeant signify to them the business I was about and so many Aldermen as made up a Bench together with Mr. Recorder to manage that business must go and that I would leave the Sheriffs to manage the Poll which I thought was their duty Mr. Thompson Did you take it to be their right Sir Robert Clayton I did not apprehend it to be my right then Mr. Thompson And therefore you left it to the Sheriffs as their right Sir Robert Clayton I left it to the Sheriffs to manage the same Mr. Williams Sir Robert Clayton I suppose when you were Lord Mayor you were as much for the honour of the Chair as any man you would not have quitted the right of the Chair Sir R. Clayton I did not there was a Trial of me in that case Mr. Williams Now Sir for adjourning the Poll did you know any such question whether a Poll was to be adjourn'd upon the Election of any Sheriffs Sir R. Clayton There hath been a great noise about adjournments of late That Poll was the most litigious of any that I know we have had before or since that was adjourn'd for several days Mr. Williams Who adjourn'd that Poll Sir R. Clayton The Sheriffs did adjourn it I think Gentlemen I do think the Sheriffs did adjourn it I was not present Mr. Att. Gen. Sir Robert don't serve the Court thus Mr. Williams Don't brow-beat our Witnesses Gentlemen I know Mr. Attorney you are an example of fair practice We are examining our Witnesses Sir R. Clayton Pray my Lord let me explain my self I shall let Mr. Attorney General understand me I did never appear at Guild-hall unless upon the account of a Court of Aldermen I did never appear at Guild-hall but the first day we had Consultations here in this Court about the adjournment and upon the Hustings about going about the business we intended and the Hall was very intent upon the Poll I twice attempted to go out and could not get out whereupon we were fain to acquaint the Hall as well as we could for the noise of the business we were to go about and they let me go I left behind the Sheriffs and the Common Serjeant how long they stayed I can't tell I can upon my own knowledge give no account of them I was not consulted to the best of my knowledge afterwards nor did give any particular directions for adjournment I did not do it for this reason I did not look upon it to be in my power if I had such a power I did not understand it Mr. Williams Sir Robert how many days do you think that Poll continued Sir R. Clayton About six days Mr. Williams Of those six how many days were you present Sir R. Clayton I did not understand it to be my duty and so did not look after it Mr. Thomson Sir Robert Clayton I desire to ask you a question as to this matter you have given in evidence do you give it to the best of your remembrance or positively Sir R. Clayton I tell you I speak to the best of my remembrance every thing that I say Mr. Att. Gen. Sir Robert Clayton I beg your favour to the best of your remembrance is no evidence it is so lately if you please Sir Robert you are to give evidence of a thing about three years ago I ask you upon your Oath who were your Sheriffs Sir R. Clayton Sir Jonathan Raymond and Sir Simon Lewis Mr. Att. Gen. I would ask you then a plain question Sir Robert because you come in with your remembrance did you give express direction to the Common Serjeant or the Sheriffs to adjourn upon your oath Sir R. Clayton I must Mr. Attorney General by your favour take in my remembrance Mr. Att. Gen. Then you are no evidence Sir Robert did you give directions or not upon your oath Sir R. Clayton I can't say it was given Mr. Att. Gen. Did you or did you not Sir R. Clayton My Lord I hope I have spoke English in the case
we did discourse of the Adjournment in this Court I believe it was discours'd below but as I said I was engaged to go to the Old Bayley and I would leave that matter to the Sheriffs whose proper business I understood it to be Mr. Att. Gen. I ask you Sir Robert one of the plainest questions that ever was asked I ask you whether you gave the Sheriffs or the Common Serjeant express order to adjourn Sir R. Clayton I believe I did not Mr. Att. Gen. Did the Sheriffs tell you they had a right then Sir R. Clayton There was no dispute who had the right Mr. S. Jefferies Sir Robert Clayton if you please I would ask you a question or two Do you remember that the Court was adjourn'd while you were there or not Do you understand the Question Sir Robert Do you remember the Common Hall was adjourned while you were there Sir R. Clayton Yes Sir If you give me leave to explain my self I think the Common Hall was adjourn'd it was declared but there was such a noise in the Hall that the people could not hear it Mr. S. Jefferies But there was a sort of Declaration made by your self you did make an adjournment but the noise was such that the people did not hear and if you remember there was a person affronted one of the Sheriffs and I committed him to custody upon it Sir R. Clayton We desired to adjourn for an hour or two that we might go and refresh our selves Mr. S. Jefferies Then you remember there was an adjournment I ask you whether it was appointed to be made by you or the Sheriffs Sir R. Clayton Truly I believe it was appointed by me Mr. S. Jefferies Sir Robert by asking you a question or two Sir Robert I know I shall bring some things to your remembrance Sir R. Clayton My Lord I don't know I have given any great occasion of Laughter to my Brethren these Adjournments have been very common with us and I might agree to it or order it or direct it but one of them I believe I did or two of them Mr. S. Jefferies Sir Robert I would only have a question or two asked and I know by asking a question or two I shall bring things to your memory which I am sure you cannot easily forget Were there directions given for Proclamation to be made for all Parties to depart in the King's name Sir R. Clayton I believe there might Mr. S. Jefferies The next question is whether the Sheriffs ordered that Proclamation to be made for all Parties to depart Sir R. Clayton If it were done while I was present I make no doubt in the case but I did direct it I make no question of that Mr. S. Jefferies Very well now Sir Robert Clayton we are got to an adjournment to a time by your direction and proclamation by your direction Now I will ask another question upon your oath was not you in the Common Hall and gave order for an adjournment till Monday following for I remember that day to be Saturday Sir R. Clayton Truly I do not remember that Mr. S. Jefferies You do not Sir Robert you know very well that the Sheriffs of London when the Lord Mayor and Aldermen came back to the Hustings the Sheriffs sit remote one on the right hand and the other on the left furthest from the Lord Mayor so that all the Aldermen sit nearer to the Lord Mayor than the Sheriffs do did you mind that the Sheriffs came to you to speak to you any thing of an Adjournment Sir R. Clayton I never saw it Mr. Jones I would ask you a Question or two you know this Gentleman don't you pointing to the Common Serjeant Sir R. Clayton Yes Mr. Jones Did he attend the Court at that time Sir R. Clayton Yes Mr. Jones Sir Robert I ask you a fair question did you lay any command on him to adjourn the Hall at that time from Saturday till Monday Sir R. Clayton Pray my Lord give me leave to answer Mr. Jones in my own way Mr. Jones My Lord I am in your judgment it is a fair question within his own Recognizance lately done he ought to answer positively Yes or No. Sir R. Clayton Am not I upon my Oath can you tell me what I can say Mr. Jones Ay or no any honest man wou'd do it Sir F. Winnington All Witnesses answer their own way don't they Mr. Jones Let him answer then his own way Mr. Att. General My Lord you know there is a rule in Chancery if it be a matter within seven years if it be not answered positively it is no answer if one asks a Witness a question that lies within a little while if he will not answer either affirmatively or negatively he is no Witness L. C. J. I can't tell Mr. Attorney Mr. Jones Will you answer or no Sir Robert Clayton whether you commanded the Common Serjeant to go and adjourn the Hall or no Sir R. Clayton I don't remember that I did Mr. Jones Then I only ask you this further question whether Mr. Common Serjeant did not tell you that it was not his proper business to do it and that unless you would lay express Commands upon him and put the very words in his mouth he did desire to be excused and did he not stand there pointing to the Bar. Sir R. Clayton I have heard Sir what Mr. Common Serjeant did say and I cannot charge my memory with it but I have that charity for Mr. Common Serjeant to believe there might be discourse to that purpose Sir F. Winnington Mr. Love in all your experience what do you remember Mr. Williams How long have you known Guild-hall and Elections Mr. Love I suppose my Lord these Gentlemen don't expect I should say any thing that was done that day but my Lord all that I suppose you expect from me is what I did observe to be the practice of the City to the best of my remembrance I shall give you an account My Lord about 22 years ago I did observe the practice to be this when I was call'd into this Office of Sheriff I took it as a thing for granted that it was the Sheriffs Office to manage the Common Hall that I did as my Lord Mayor's was to have a Sword born before him I have received it by tradition from all before me and my own experience My Lord I remember when we came to chuse Sheriffs upon Midsomer day after the Lord Mayor and Aldermen had been there my Lord Mayor said to me and my Brother Sheriff Gentlemen look to your Office we accordingly went to it and chose two Sheriffs one Gentleman that had been drank to by my Lord Mayor I think it was Alderman 〈◊〉 but notwithstanding that drinking to him we took no notice of that as a ceremony he was put in nomination among others and being a senior sitting Alderman we returned him otherwise my Lord I assure you I would not have
returned him notwithstanding the drinking After once that the Lord Mayor and Aldermen withdrew to go to the Council Chamber they said to us Now Gentlemen look to your Office Mr. Thomson What was your Office Mr. Love To chuse Sheriffs Mr. Thomson Did my Lord Mayor meddle with the election or left it to the Sheriffs Mr. Love Left it to the Sheriffs Mr. Williams What was your opinion Sir was it in the Lord Mayor to take the Poll or the Sheriffs Mr. Love Truly Sir I am not a competent Judge of whose right it was but if my Lord Mayor had gone about to meddle in it I should have prayed my Lord Mayor to meddle in his own Office and let me alone with mine Mr. Attorney Yes Mr. Love you were then the Tribunes of the People Sir F. Winnington Here are some say the Common Serjeant and the Common Cryer have a power nay the whole power of ordering the Hall during the Election What is the Office of the Common Serjeant there Mr. Love Truly Sir I look upon the Common Serjeant and the Common Cryer as Persons left to assist us because they would not put us to the trouble of crying O Yes our selves and if any Common Serjeant or Common Cryer had durst to put a question without my direction I would have known whether he could or no. Sir F. Winnington Mr. Love was it ever dicours'd to you when you were Sheriff or before or since that ever my Lord Mayor did interpose before the Election was over Mr. Love Since I was discharged of being a Magistrate I never was at a Common Hall since I have spent my Money for the Cities service but never got a peny by them I never heard that ever the Lord Mayor till these late times interposed but that the Sheriffs managed the whole business of chusing Sheriffs Mr. Att. Gen. Mr. Love I desire to have a word with you you speak of the time of your reign I would ask you a plain question was it before the King came in Mr. Love It was that year the King came in Mr. Att. Gen. Was you chosen before Mr. Love Yes I was Mr. Att. Gen. Do you remember an Act of Parliament in 48 then in force of shutting out my Lord Mayor Mr. S. Jefferies I would ask him a question or two Hark you Mr. Love let me ask you a question or two Mr. Love Sir George I would give Mr. Attorney an answer L. C. J. What would you make of it if you ask him of an Act of Parliament it is something Mr. Att. Gen. You speak of a time when my Lord Mayor had no more to do with it than I had There was an Ordinance of Parliament did you never see that Mr. Love To the best of my remembrance I never saw it in my life Mr. Att. Gen. Nor heard of such a thing Mr. S. Jefferies Hark you Mr. Love I perceive you would have disputed with my Lord Mayor who was the Lord Mayor that you talk of Mr. Love Sir Thomas Allen. Mr. S. Jefferies Now I would desire to know whether you remember the City before the King came in Mr. Love For a little while Mr. S. Jefferies Do you remember any thing of that custom of the Lord Mayor's drinking to Sheriffs was not that used before the King came in Mr. Love A long time Mr. S. Jefferies It is well enough a long time Mr. Williams My Lord we have seven or eight more to the same purpose but we are satisfied with these Gentlemen we will prove if there was any thing like a Riot we will prove my Lord Mayor and those that were with him were the Authors of it L. C. J. When multitudes of people are gather'd together upon a lawful occasion supposing that they had a right to be there I do say that in that case it would be much a mitigation of the fine so for this same riot but on the other side you must know that these men that do it it doth not excuse them for ignorantia juris is not an excuse It is true if they had had a lawful occasion to continue to do it but in truth they had not that will excuse them à tanto but non à toto Mr. Holt. My Lord I beg to put in this case there is a great deal of difference where a person does claim a right to himself and does an extravagant action Now my Lord these persons did claim a right to themselves to continue the Common Hall and that it was not in my Lord Mayor's power to adjourn it without them now my Lord they claimed this right if they used no violence that is excusable If I should claim a right to another man's estate though I have no Title and say I have a right and give it out in speeches no action lies against me but if I do an extravagant action and say another man hath a title there lies an action against me L.C. J. Now go to your fact Sir F. Winnington My Lord put a point to us and we need not call more Witnesses L. C. J. I don't speak to hinder you from calling your Witnesses Sir F. Winnington I put this case we undertake to prove that it was always looked upon that it was the right of the Sheriffs suppose my Lord upon the dispute it should be found that the opinion of the Jury should be otherwise will this turn to an illegal act L. C. J. Call your Witnesses Mr. Wallop I beseech your Lordship I may put one case in this point in a point of right if they have a probable cause to insist upon it Suppose I send 40 men to a wood and take a Carr or a Team if they be a competent number to cut down wood if we are mistaken in the title that is no Riot Lambert puts the case L.C.J. But what if I had sent a great many men to cut down the whole Wood Mr. Williams We will call some Witnesses that will take us off from the Riot thus if so be we can excuse our selves of the disorder and put it upon my Lord Mayor then we are innocent L. C. J. Very well if you do that Mr. 〈◊〉 Mr. Sibley are you acquainted with the manner of the Election of Sheriffs how long have you known it Mr. Sibley I have been of the Livery ever since 39 in all my time I speak Gentlemen to the best of my remembrance it hath been the custom in all my time except here of late that the Sheriffs of London have had the management of the Election Mr. 〈◊〉 Did my Lord Mayor ever interpose till the Election was over Mr. Sibley I never knew my Lord Mayor interpose till lately Sir F. Winnington Did you ever hear my Lord Mayor pretend to it till of late Mr. Sibley No my Lord. Sir F. Winnington Did the Mayor use to be present at any Election during the Election Mr Sibley I have been most commonly there Sir F. Winnington But the
is demanded Mr. Winstanley I do remember very well Sr. George Jefferies was in the Hall they demanded a Poll and so went out Mr. Sol. Gen. Who granted it Mr. Winstanley The two Sheriffs Mr. S. Jefferies I will put you a Case nearer home Mr. Winstanley you remember when Sir Thomas Player was chosen Chamberlain when the Question was put Who should be Chamberlain between him and a Gentleman I see not far from me who do you remember managed the Poll then Mr. Winstanley There was no need Sir George L. C. J. What do you mean to do with these little Witnesses you call Witnesses that know nothing of the matter or nothing to the purpose Mr. S. Jefferies My Lord let me ask him but one Question more I know he hath been a very great Evidence in this Case I remember when that Gentleman was in for Bridge-master Who was the Poll demanded of at that time Mr. Winstanley Truly Sir I think it was demanded of the Court. Mr. S. Jefferies Of the Court Mr. Winst Usually upon other Days my Lord Mayor and the Court come down but upon Midsummer-day they go up Mr. S. Jeff. But I ask you of whom the Poll was demanded at that time Mr. Winst I Don't remember it I 'le assure you L. C. J. You told us that point would be granted and you would not stand upon it Mr. Williams My Lord where there are so many men there may be many Minds I would have your Lordship and the Jury hear them Mr. Jones The Government is concerned Mr. Williams Mr. S. Jeff. This is not a matter of Mirth I 'le assure you it reaches the Government Mr. Williams My Lord Mayor hath the power of adjourning the Hall but not till the Business is done Mr. Thomson My Lord I would put you a Case Sure Mr. Jones I ought to be heard If my Lord Mayor hath power to call a Common-hall he hath not to adjourn it before the Business is done L. C. J. If a Writ come to the Sheriffs to choose Parliament men then the Sheriffs have it but this is my Lord Mayors Office he hath power to dissolve and adjourn Mr. Thomson I speak to this Case my Lord I will shew your Lordship an instance where it cannot be done My Lord Mayor hath power to call here and he hath power to dissolve say they My Lord it cannot be with submission in all Cases He hath power to call an Assembly when there is a Mayor to be chosen and the Citizens have a Priviledge to move their Mayor or continue him now if it were in the power of the Mayor and there should happen a question who they were for in a great Number of Electors if it were in his power to adjourn from time to time he must continue Mayor L. C. J. It is plain he may do it for all your Objection You know it was agreed by all sides that Sir Samuel Starling the Lord Mayor had well dissolved the Assembly that is in point of Law and they could not say the Assembly was in being yet afterwards there was an Action brought against him and there they laid how that maliciously and to the intent that he who was chosen into the place of Bridge-master to which he was duly Elected should be set aside he goes and dissolves the Assembly and denied to grant him a Poll which they ought to have had yet for all that the Assembly was well dissolved M. S. Jeff. Conclude Gentlemen conclude Mr. Thoms That which I have to say is a point of Law Mr. S. Jeff. Sr. Francis Winnington if you design to conclude I tell you before hand I would not interrupt you we will call a VVitness or two Sir F. Winnington My Lord because we would make an end I will call two of those men that came with my Lord Mayor to shew that if there was any rudeness those very People that came with my Lord Mayor were the cause of it Mr. Sol. Gen. That they that came with my Lord Mayor caused them to stay after my Lord was gone Mr. Thoms Mr. Jackson pray can you remember whether any of the Defendants here were concerned in any affront to my Lord Mayor or who it was that my Lord Mayor received an affront from Mr. Jackson I did observe my Lord as he went out of the Hall I took my Back and set it against the Croud and had my Face towards my Lord Mayor and I was crouded so that I could scarce see my self one way or other but got off the steps at last and went home with my Lord Mayor Mr. Thoms Can you say who struck off the Hat Mr. Sol. Gen. VVhere do you live pray Mr. Jacks I live at Charing-cross Mr. S. Gen. VVith whom Mr. Jacks VVith my self Sir Sir F. Winnington VVhat is your Name Mr. S. Jeff. Don't you know the Sword-bearer of Bristol Sir Francis Mr. Thoms Mr. Roe were you here when my Lord Mayor was crouded VVho offered any affront Mr. Williams Pray will you give my Lord and the Jury an account of what you heard and where the disorder began Mr. Roe My Lord I was in Cheapside and I heard a very great noise of huzzahing and a terrible noise indeed and I met with a Fellow running my Lord and I stopt the Fellow VVhat is the matter Nothing said he but an old Fellow riding Skimmington and Skeleton and in the Street I saw a matter of an Hundred with their Hats upon Sticks crying Damn the Whiggs said I Gentlemen VVhat 's the Matter said they the work is done to stop the Poll and that is all L. C. J. Hark you were you in Guild-hall Mr. Roe I followed them a little way down the Street L. C. J. Hark you did you see my Lord Mayors Hat down upon the ground and was he like to be thrown down did you see that Mr. Roe No I saw nothing of that I heard such a noise I was glad I had got rid of them Mr. Williams My Lord we have no more to say in the general all that I have to say now is for my Lord Gray The evidence against my Lord Gray was that he was here now my Lord we have witnesses more particularly to defend my Lord Gray Mr. Att. Gen. We shall call a Witness or two to clear what that Gentleman said when Sir Robert Clayton was Mayor Mr. S. Jefferies Pray Gentlemen let us have a little Patience Pray my Lord if your Lordship please Here is such a horrid noise Upon all the matter I don't perceive but Sir Robert Clayton does himself believe Proclamation was made by him he does believe the Adjournment was made by him but as to the Adjournment to Munday he is not certain of that But if your Lordship pleases we have here both the Sheriffs Sir Jonathan Raymond and Sir Simon Lewis that will shew the Court whether there was any such thing Mr. Att. Gen. Before Bethel came out of the North no Sheriff ever
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
by any of these Defendants it may be there was some Discourse concerning the power of my Lord Mayor I only mind your Lordship of Sir Robert Atkins Case a late Case in the Kings-bench there can be no Assembly to choose an Alderman as in that Case unless the Mayor was there the Assembly was held and yet Gentlemen because it was not done in a tumultuous manner but with a good intent it was held that Sir Robert Atkins was not guilty of a Riot There must be an evil intention to do some mischief Mr. Turner brought his Action against Sir Samuel Starling for dissolving the Hall And my Lord that being in the Case of the Election of a Bridgemaster surely there is a Parallel Reason for the Sheriffs L. C. J. That Case is against them Mr. No my Lord. L. C. J. There the Lord Mayor had a power by Law to dissolve the Assembly thô in truth he should not have done it Mr. Sol. Gen. The Action was brought for denying a Poll my Lord. Mr. Thoms It is laid in that Declaration that it is the Custom of the City that my Lord Mayor cannot dissolve Mr. Att. Gen. May it please your Lordship and you Gentlemen of the Jury you have now heard all the Evidence L. C. J. Gentlemen you shall not over-rule me so because I am willing to hear every body therefore you impose upon me You shall have Law by the Grace of God as far as I am able Mr. Att. Gen. We have now done with the Evidence on both sides and you do now see the right of the Lord Mayor notwithstanding all the vulgar and popular Discourses is asserted it appears now upon full Evidence they themselves do not contradict it that my Lord Mayor is the Supreme Magistrate of this City both for calling all your Assemblies and for dissolving them they won't pretend against this but indeed they make a Question whether my Lord Mayor can adjourn or no. Necessity of Affairs requires it some times if there be such a Tumult such an interruption that they cannot proceed orderly or if the matter be so long that they can't determine it in one Day there is a necessity that there must be an adjournment to another time and they give you no instances Gentlemen that ever the Sheriffs in any Age did attempt it never any Sheriff made an adjournment of his own accord Mr. Love he gives no instance of an adjournment he only tells you of his Supremacy at that time when my Lord Mayor had nothing to do with it and Gentlemen at that time you must remember when he was Elected the Law was otherwise when Mr. Love was elected then the Sheriffs were the Tribunes of the People and they had shut my Lord Mayor quite out of their Common-hall and declared that he had no power to dissolve or adjourn them The next instance is that of Sir Robert Claytons and how do they make that out Sir Robert Clayton swears only upon his Memory and what is that he remembers just nothing He does think the common Serjeant does speak Truth in some things but he can't remember other things But we prove not only an Adjournment from Saturday to Monday but other adjournments by special direction from Sr Robert Clayton So that whatever Mr. Love did fancy of the Authority of Sheriffs to tell my Lord Mayor he had nothing to do therewith yet that my Lord Mayor certainly is the chief Magistrate we have proved all along to this present time till within these Two or Three years and when ever there was an adjournment we have proved it to you that it was by my Lord Mayor So that it is nothing like the Case put by the Gentlemen on the other side there was never any shadow of pretence for right Whoever knows London must know the Sheriffs of London are not Officers of this Corporation as Sheriffs but they are the Kings Officers of the County granted to be chosen by the Citizens They are in their particular Cases Judges for choosing Parliament men but in no Corporation Act whatsoever So that Gentlemen you see there is no pretence for that But admit there were what is it like the Case when a Man saies claim to a Wood and he sends Three or Four Persons or half a Dozen Persons to cut it down yet Mr. Wallop notwithstanding your Authority thô that be not a Riot it is a Rout where you will send such a Number to raise terrour in the Kings People and they will continue together after they are commanded to depart by a Magistrate But it is a different thing where men will concern themselves in a matter of publick Government as if any Man should pretend he hath the Kings Commission to take your Lordship off the Bench. So that here is quite a different thing this relates immediately to the Government here 's the publick Peace of the City is in danger and if my Lord Mayor had been a Person of great Spirit and had presently raised others to have supprest this Riot then the City had been in a fine Condition by these People that would have no God bless the King but God bless the Sheriffs There is no pretence of right can justifie such a thing Now my Lord for a Riot this must be acknowledged to be for many to meet together to do an unlawful thing is a Riot Mr. Wallop And do it Mr. Att. Gen. And do it I put in that too Sir The meeting here is lawful and it is as certain that my Lord Mayor hath power to Adjourn that is a consequence of Law if the Adjournment be necessary and he is the only Judge of Adjournment and when he hath Adjourn'd I do say the continuing Persons together to do that which if they had summon'd them to do had been unlawful is as much an unlawful thing and a Riot as that I would fain know if the Sheriffs had summon'd all the Citizens together to meet to choose Sheriffs or any others would any man Question but this is an unlawful Act a subversion of the ancient Government of the City the Usurping an Authority in the City contrary to the Kings Grant and the Charter And after they are Adjourn'd if they will make Proclamation and order the People to stay and go on with the Poll is not that the same thing in point of Law Surely no man almost of common sense but will say it is the same thing In the case that Mr. Wallop puts if there be any disorders committed precedent to the Magistrates disolving the Society that will not amount to a Riot but if the Magistrate comes and makes Proclamation for them to depart and they stay after it makes a Riot if they continue still together it is rout and an unlawful assembly But they say there is no Proof that these Gentlemen that are in the Information are guilty of the Riot they are all parties to the Riot the very being there and giving countenance
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.