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