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A63195 The tryal of Slingsby Bethel, Esq., upon an indictment preferred by Robert Mason against him of which he was found guilty at the general quarter sessions of the peace for the town and burrough of Southwark at the Bridge-house, holden and kept before the right honourable Sir Patience Ward, Lord Mayor of the city of London, Sir Thomas Allen, Sir William Hooker, Sir Thomas Bloudworth, Sir James Edwards, and Justice Pyrs, on Wednesday, October 5, 1681. Bethel, Slingsby, 1617-1697. 1681 (1681) Wing T2223; ESTC R29550 14,805 18

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THE TRYAL OF Slingsby Bethel Esq UPON AN INDICTMENT PREFERRED BY Robert Mason AGAINST HIM Of which he was found GUILTY AT THE General Quarter Sessions of the Peace FOR THE Town and Burrough OF SOUTHWARK AT THE Bridge-House Holden and kept before the Right Honourable Sir Patience Ward Lord Mayor of the City of London Sir Thomas Allen Sir William Hooker Sir Thomas Bloudworth Sir James Edwards and Justice Pyrs on Wednesday October 5. 1681. London Printed for R. Harbottle 1681. THE PREFACE Reader THat you may have a full Sence and Vnderstanding of the following Indictment and what what ensued thereupon it is necessary to acquaint you with all the Circumstances of the last Pole upon the Election of Members to serve in Parliament for the Town and Bourough of Southwark from whence the pretence for this Indictment was taken The Pole began on Thursday the tenth of February 1680. and continued until Tuesday following full five days The Candidates were Sir Richard How and Mr. Peter Rich on one part Slingsby Bethel and Edward Smith Esq on the other part The place of Pole was the Old Artillery-House in Southwark which is Ascended out of the Artillery Ground by six or eight large Stone steps with two half Spaces the uppermost at the entrance into the House being Banistered about is so Capacious as will hold a hundred persons or more The method of Poling was by filling the House from the doors that open upon the half Space then shutting them until they within were all Poled and let out at a back door and so filling the House again Vpon the first half Space was planted one Sam Sams a known Hectoring Carr-man and two water men of the largest size fetched from Lambeth or there abouts These men obstructed coming up to the Pole-House all such as they knew or suspected were Friends to Bethel and Smith to the hurting some discouraging others and causing many to go away This rudeness was several times complained of to Mr. Bethel who kept in the Pole-House but being pressed to endeavour to reform this disorder at last and on the fourth day of the Pole he went along with those that fetched him but found then upon the forementioned steps no more in that Hectoring posture as was represented to him than Sam Sams and Robert Mason Mr. Bethel aapplying himself first to Mason asked him in a milde and Civil manner if he had a right to Pole and upon his denyal that he had desired him to withdraw and not disturb the Peace and so took him by the Arm he having a wide Camlet Coat over his Red Coat and led him gently down who followed without resistance or any such Dialogue as is falsly suggested to have passed betwixt them and went quietly away After this Mr. Bethel asked Sam Sams the same Question as he had done his Companion Mason who answering that he had a right to Pole took him by the hand and led him in at the back door to Pole at which How and Rich seemed displeased though Rich did cunningly speak to him to Pole for Bethel and Smith intending as may well be supposed that he should thereby defend himself against Bethel and Smiths Complaint of his rude and disorderly Cariage but the Dull Fellow not apprehending the meaning of it Poled for 〈◊〉 How and Rich. And now this being all the ground there was for an Indictment one that pulls another by the Sleeve to speak with him may as well be Indicted for so doing as Mr. Bethel was for what he did Having this occasion to take notice of the manner and way of Poling in Southwark I cannot but upon the whole observe That the Inhabitants thereof lye at the times of Poling under great oppression in the expence of five or six days when fewer hours might serve the turn could the Bayliff be prevailed with to follow the example of London where double the number of True Electors in Southwark are Poled in four hours by having several Writers and Pole-Books especially the Artillery House being so convenient for the purpose as nothing can be more and the benefit in putting this in practice is backed with these Cogent Reasons First Because the Industrious sort of Inhabitants will hereby save the attendance of four or five days Secondly Because the doors of the Pole-House standing open and the people understanding that every one in three or four hours will be dispatched it will prevent Quarrelling and Rudeness in coming to the Pole and discourage Factious Persons from sending for Hectoring Fellows to espouse a particular Party in opposition to all others as was done the last Pole Thirdly The Candidates will hereby be prevented in Raking the Prisons Hospitals Almes-Houses and Streets for Beggers and the adjacent Neighbourhood for necessitous persons to the swelling the number of Electors to above double of what they really are as was done the two last Poles the first having Poled near fourthousand and the latter above three thousand whereas there are not in all above eighteen or nineteen hundred in the Bourough that have a right to Pole whereof we found the last Pole by Examination of the Church-Books no more to appear than thirteen hundred that payed to the Poor the rest being abated by Widdows Aged Sick and Absent Persons of which number of thirteen hundred How had five hundred eighty six Rich five hundred eighty three Bethel seven hundred and three and Smith seven hundred and sixteen so that though by the Pole at large How and Rich had near three hundred more than Bethel and Smith these two latter upon a true account had near one hundred and thirty more than the two former as may be observed by the above mentioned Numbers Fourthly Because so long as this method of Poling is continued the Burrough of Southwark will never be truely represented in Parliament the Candidates that live upon the place being always able to make their Numbers by illegal Polers as great as they please Antiently and in the memory of some living none were admitted to the Election but such as by their Taxes appeared to be the most Substantial Inhabitants which was acquiesced in without Poling but of late that way is not only by the Bayliff increased to all that pay to the Poor against which none can object but even to all that will but say they are House-Keepers under which notion it is that the true Electors are abused This Fraud hath been complained of to two Parliaments but both Dissolved before business came to Hearing otherwise it is more than probable it would have been Reformed The last Election Bethel and Smith being sensible that there was no Poling for them against all the Beggars in the Town they with many Inhabitants propounded to the Bayliff to Pole by the Poors Books and to convince him of the reasonableness thereof delivered him the Opinions of two Serjeants at Law and one Bencher under their own hands that none had right to Pole save such as
at least paid to the Poor and also inforced this Opinion by the Votes of the Commons in Parliament in the Case of other Burroughs fully to the same effect But though the Bayliff confessed it was but reasonable it should be so yet he would not be prevailed with to do that which he owned to be reasonable from whence it is that the Burrough hath not had in the two last Parliaments Representatives which have been duly Chosen by true Electors And thus much may suffice at present to shew the irregular and unjust way of Election of Members to serve in Parliament for the Town and Burrough of Southwark THE TRYAL OF Slingsby Bethel Esq On Wednesday the fifth of October 1681. at the Bridge-house in Southwark before the Right Honourable Sir Patience Ward Lord Mayor c. The Court being sate the Jury were called as followeth whose Names are desired to be mentioned with their distinctions because there are several others in Southwark of the same Names JURY-MEN Edward Collingwood Brazier alias Tinker Francis Waker Comb-maker Zebulon Newington Chandler alias Salter William Head Woollen-Draper Humphrey Roberts John Allyn Baker John Morgan Grocer William Morice Francis Ferrey Richard Frankling Thomas Wade Butcher and private Informer for the Custom-House Edward Kemp Ale-Draper Being Sworn the Indictment was Read The Indictment at the General Quarter Sessions of the Peace of our Soveraign Lord the King for the Town and Burrough of Southwark in the County of Surrey at the Bridge-House within the Town and Burrough aforesaid to wit the twenty ninth day of June in the Thirty Third Year of the Raign of our Soveraign Lord Charles the Second King of England c. THE Jurors for our Soveraign Lord the King upon their Oath do present That Slingsby Bethel late of the Parish of St. Olaves Southwark within the Town and Burrough aforesaid in the County of Surrey Esquire on the twelfth day of March in the Three and Thirtieth Year of the King with Force and Arms at the Parish aforesaid and within the Town and Burrough aforesaid in the County aforesaid in and upon one Robert Mason at that time one of the Kings Water-men in the Peace of God and of our Lord the King then and there standing did Assault and make a Battery and the said Robert Mason then and there most griveously and dangerously did Beat Wound and evil Intreat so that his life was greatly dispaired of and other Innormities that then and there he offered to and brought on the said Robert Mason and that the same Slingsby Bethel then and there to wit the same twelfth day of March in the Thirty Third Year aforesaid in the Parish aforesaid in the Town and Burrough aforesaid in the County aforesaid in the presence and hearing of very many of the Subjects of our Soveraign Lord the King then and there to the said Robert Mason he spake uttered and with a loud Voice declared and publisht these provoking threatning and approbious words to wit Syrrah pointing at the said Robert Mason I meaning himself Slingsby Bethel will have your Coat a certain Cloth Coat of a Red Colour with which the said Robert Mason then and there was covered and adorned with a certain Badge of our said Lord the King upon the said Coat pluck'd off your back to the great terrour disturbance and trouble of Divers of our Soveraign Lords liege People and Subjects being then and there present to the evil example of all others offending in the like Case as also against the Peace Crown and Dignity of our Soveraign Lord the King c. Councellor Peasely MY Lord and you Gentlemen of the Jury Slingsby Bethel Esq Stands Indicted for that he the said Slingsby Bethel made an Assault and Battery on Robert Mason as also for Menacing and Threatning Words saying to him the said Robert Mason Sirrah I will have your Coat pluck'd off your Back to the great terrour and damage of the said Robert Mason c to which Indictment he has Pleaded not Guilty Mulloy My Lord and you Gentlemen of the Jury I am Councel for the King against Slingsby Bethel Esq who upon the twelfth day of March last in the Thirty Third Year of the King did Assault Robert Mason one of the Kings Watermen and did injuriously beat and strike the said Robert Mason did give several opprobious words saying he would have his Coat pluck'd off his Back c. To which he Pleadeth not Guilty Holt. My Lord and you Gentlemen of the Jury I am Councel for the King against Slignsby Bethel Esq You understand the Issue you are to Try it hath been opened the question is Whether Mr. Slingsby Bethel be Guilty of this Battery and the matter contained in the Indictment and the Agravating words therein or no. The occasion was that in March last there was an an Election for two Burgesses to be chosen to serve in Parliament for this Burrough this Robert Mason was desired to come from Lambeth to see whether any of that Parish came to Pole which had no Right so to do The Competitors were Sir Richard How Captain Rich Slingsby Bethel and Edw. Smith Esquiers Mr. Slingsby Bethel shewed at his entrance into the Burrough what Inclination and Temper he came with for his Followers and such as came with him came with their God-Damme's and several execrable Oaths against those that Voted against him after the Election began and the Pole demanded truly then Mr. Bethel Acted his part and took occasion to go off from the place where he was and strike several Persons that were Acting against him particularly this Robert Mason finding him to be against him took his Cane and knocked him over the Pate and afterward knowing him to be Kings Waterman said he deserved to have his Coat pluck'd over his Ears were the affront against him as a single person it were not of so bad Consequence but we are to take notice of the Solemnity of the occasion of the Meeting now consider the occasion it was for the chusing of Parliament men and had it not been for the prudence of the Waterman in forbearing to strike again God knows the effects and what an uproar it might have occasioned but he prudently refrained and took his Course in a Legal way and according to Law hath preferred this Indictment against Mr. Slingsby Bethel Now though the said Mr. Bethel be so great a man and a person of value lately Sheriff of the City of London and he Robert Mason appearing to be but a poor Waterman yet I don't question he will find an English Jury to do him right Kings Councel Call Mr. Robert Mason Arthur Adams Tho. Walbrooke Griffin Meade Tho. Smyth Alexander Dory 〈◊〉 Lawrence Councellor Holt. Mason What can you say on the Kings and your own behalf concerning this Matter Robert Mason I was standing upon the steps by the door in the Artillery Ground and Mr. Bethel came and gave me divers blows on the stairs knock'd me with his