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

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THE CASE OF Sir THOMAS PILKINGTON Kt. Now Lord Mayor of LONDON Sir Thomas Player Kt. deceased Slingisby Bethell Esq Henry Cornish Esq deceas'd Samuel Shute Esq deceas'd Samuel Swynock John Deagle Francis Jenkes deceas'd Richard Freeman John Jekyll Robert Kaye and John Wickam all now or late Citizens of London as to the Riot pretended to be committed by them in the Election of Sheriffs in the Year 1682. IT is an undoubted Truth That nothing stood more in the way of the Tyrannical and Popish Interest than the Liberties and Privileges of the City of London and amongst those Liberties and Privileges the Power of Electing Sheriffs for London and Middlesex was that which chiefly obstructed their Malicious and Wicked Designs and for that reason their Principal Contrivance was to subvert and destroy such Right of Election which they accomplished in a shameless and impudent manner whereby the Strength of the Conspiracy may appear but not the least shew of Candor or Justice The Election of Sheriffs for London and Middlesex and of many other Officers belongs to the Citizens of London in Common-Hall assembled and Elections have always been or ought to have been made by the Majority of the Common-Hall And when a Poll hath been demanded on the behalf of any in competition it ought to be granted and the Lord Mayor cannot by Proclamation or otherwise dismiss or dissolve the Common-Hall before the Poll is finished And this was found to be the Custom in a time free from Faction before the Lord Chief Justice Vaughan by a Jury of Citizens in an Action upon the Case brought by Mathusalem Turner against Sir Samuel Sterling late Lord May or of London as may be seen by the Record entred in the Common Pleas of Easter Term 23 Car. II. Roll. 363. At a Common-Hall held the 24th of June 1682. a Poll having been begun and continued for several hours for the Election of Sheriffs for the said City and County of Middlesex wherein Tho. Papillon and John Duboys Esqs and Dudl North and Ralph Box now Sir Dudl North and Sir Ralph Box were Competiors the then Lord Mayor Sir John Moor with divers others in his Company came from his House to Guild-hall with great Shouts and Huzza's of his Companions and disturbed the then Sheriffs in their Proceedings in taking the Poll and took upon him contrary to the Custom before-mentioned to adjourn the Common-Hall before the Poll was finished and made Proclamation for all People to depart and so went back again in the same manner became And this may reasonably be concluded to be the result of the Advice given him by Sir Leoline Jenkins then one of the Principal Secretaries of State who dined with Sir John Moor that day or at least was with him just before he came to Guild-hall and was a great Adviser in this Affair whose Opinion Sir John Moor as is suppos'd was pleased to take for the obstruction of the Free Election of Sheriffs though he knew at the same time the Court had caused Proceedings to be had against the City by Quo Warranto for the destruction and subversion not only of this Liberty of Election of Sheriffs but also of all other the Privileges and Franchises of the ●●●y and whether Sir John Moor did behave himself as an honest man and good Citizen to follow the Advice of an Enemy in a matter of this Consequence let all indifferent men judge Notwithstanding this Disturbance by the Mayor Sir Thomas Pilkington now Lord Mayor and Samuel Shute Esquire being then Sheriffs of London and being advised by Eminent Lawyers and Ancient Cit zens That the Taking and Adjourning of the Poll did belong unto them and not unto the Mayor proceeded in taking the Poll and finished the same in a peaceable manner upon the casting up whereof it appeared that Mr. Papillon and Mr. Dubois were duly elected Sheriffs for the year ensuing by a very great Majority of above 1100 Voices for which Proceeding the said Sheriffs were within some short n = * June 26 1682. time after committed by the Privy Council to the Tower of London and an Information for a Riot for the Cause abovesaid was in 1682. exhibited by Sir Robert Sawyer then the King's Attorney General against them and divers other Eminent Citizens To which Information the said Sheriffs being brought to the Bar by Habeas Corpus to be bailed were forced to plead presently which they did Not guilty and Issue being thereupon joined a Venire facias Jur was awarded to the Sheriffs which ought to have been to the Coroner the Sheriffs being Parties Sir John Moore finding that upon a fair Election he could never hope to do the Courts Drudgery insisted That by his Prerogative as he called it as Mayor he had the Choice of one of the Sheriffs and that he had named Sir Dudley North as such and that the Common-Hall must confirm his Choice and that if but One only Voice of all the Common-Hall was given for Sir Dudley it was sufficient And that he might have the other Sheriff of the like Qualifications he did sometimes insist That he had a Negative Voice upon the Election and He and his Adherents so far prevailed upon the Court of Aldermen that they took upon them to set aside the said Election and appointed another to be the 5th of July following and summoned a Common-Hall for that purpose at which Mr. Papillon and Mr. Dubois were again duly elected by the like Majority of above 1100 Voices Notwithstanding this Majority Sir John Moor and his Associates had the Confidence to declare Sir Dudley North and Mr. Box now Sir Ralph Box to be duly elected Whereupon Sir Ralph Box desiring to be excused chose rather to pay the usual Fine than serve in that Office whereunto he was never elected After this in September another Common-Hall was held for the election of one Sheriff in the room of Sir Ralph Box at which the like number of Voices were given for Mr. Papillon and Mr. Dubois as at the former Common-Hall and yet Sir Peter Rich whose Name we could never learn was so much as put to Vote in order to Election was declared elected by Sir John Moore and his Associates without the least colour of Right or Justice On the 28th of September Sir John Moore and his Adherents after having filled Guild-hall with the Trained Bands to terrifie such as opposed their unjust Proceedings caused Sir Dudley North and Sir Peter Rich to be sworn Sheriffs At which time Mr. Papillon and Mr. Dubois tendred themselves to be sworn but were rejected The Conspirators against the Liberties of the City and Nation laid this as a Ground work to justifie what they had so unjustly done and to punish the most Worthy and Active Citizens who opposed them in their Designs thereby contriving That these Sheriffs thus unjustly imposed upon the City should empannel Juries not only to try the best Citizens as Rioters and Malefactors for doing their