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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A38869	An exact account of the trial between Sr. William Pritchard, Kt. and alderman of the city of London, plaintiff, and Thomas Papillon, Esq, defendant in an action upon the case at the sessions of nisi prius holden for the Court of King's Bench at the Guild-Hall in the city of London, on Thursday the 6th of November, 1684, in Michaelmas term, in the 36th year of the reign of King Charles the Second, before Sir George Jefferies, Kt. and Baronet, then Lord Chief Justice of the said Court of King's Bench : to which is added, the matter of fact relating to election of sheriffs, as it was printed in the year 1682.	Pritchard, William, Sir, 1632?-1705, complainant.; Papillon, Thomas, 1623-1702, defendant.; England and Wales. Court of King's Bench.	1689 (1689)	Wing E3587; ESTC R12402	61,421	42

AN EXACT ACCOUNT OF THE TRIAL BETWEEN Sr. WILLIAM PRITCHARD Kt. And Alderman of the City of London Plaintiff AND THOMAS PAPILLON Esq Defendant In an Action upon the Case At the Sessions of Nisi prius holden for the Court of King's Bench at the Guild-hall in the City of London on Thursday the 6th of November 1684. In Michaelmas Term in the 36th Year of the Reign of King Charles the Second Before Sir GEORGE JEFFERIES Kt. and Baronet then Lord Chief Justice of the said Court of King's Bench. To which is added The MATTER of FACT relating to ELECTION of SHERIFFS as it was printed in the Year 1682. LONDON Printed and sold by Richard Janeway in Queens-head-Court in Pater-Noster-Row MDCLXXXIX Pasche xxxvi to Car. Secundi Reg. London ss WIlhelmus Pritchard Miles nuper Major Civit. praedict quaerit de Thoma Papillon in Custod Marem c. pro eo videlicet quod cum duodecimo die Februaris Anno nostri Domini Caroli Secundi nunc Regis Angliae c. tricessimo quinto ipsem idem Wilhelmus Pritchard ac antea abinde pro separat menses ex tunc prox sequend extitit Major Civitat ' London praedict in Officium Majoratus illius debito modo elect praefect jurat ac secundum Consuetudinem Civitat London praedict a tempore cujus contrar memoria hominum non existit in eadem usitat approbat Officium suum Majoratus illius indies intendere debuit pro assiduam diligent ipsius Wilhelmus in regimine Civitat illius pro ipsum secundum debitum Officii sui praedict exequend performand ad honorem dignitat ad Officium illud spectant pertinen praedictus tamen Thomas existens unus de Commitat Civitat praedict sub regimine dicti Wilhelmi virtute Officii sui praedicti praemissor non ignarus sed machinans false ac malitiose invidens felici statui ipsius Wilhelmi in Officio suo praedict necnon ipsum Wilhelmum in executionem Officii illius minus juste inquietare disturbare praedicto duodecimo die Februarii Anno tricesimo quinto superdicto idem Thomas Papillon pro vexatione praefat Wilhelmo adhibend eodem Thoma ad tunc non habente aliquam legitimam vel probabilem Causam Actionis versus ipsum Wilhelmum false malitiose prosequunt fuit extra cur dicti Domini Reg. coram ipso Rege nunchit scilicet apud Westmon in Com. Middlesex adtunc adhuc tent ' existem quoddam Breve ipsius Dom. Reg. de alias Capias versus ipsum Wilhelmum per nomen Wilhelmi Pritchard Militis adtunc Coronator Civitat ' London praed direct ' per quod quidem Breve idem Dominus Rex nunc eidem tunc Coronatori praecepit quod capet ipsum Wilhelmum Pritchard si invent ' foret in Civitat ' London praed ea salvo custodiret ita quod herent Corpus ejus coram Domino Rege apud Westm die cur ' prox post quindenum Pasche ex tunc prox sequend ac respondend praefat ' Thomae Papillon pre nomen Thomae Papillon Armiger de placito trangres quod idem tunc Coronator haberet ibi tunc breve illud Et praedictus Thomas Papillon ex ulteriori nequitia malitia sua praecogitat ' versus ipsum Wilhelmum postea ante retorn ' Brevis praedicti scilicet vicesimo quarto die Aprilis Anno tricesimo superdicto apud London praed videlicet in Parochia Sanctae Mildredae Virginis in Pulletria in Warda de Cheap London praedicum Breve de alis Capias cuidem Johanni Brome Gent. adtunc Coronator Civit ' London praed existem deliberavit exequend ac adtunc ibidem apud Wilhelmum adtunc Major ' Civitat ' London praed ut praefert ' existem praetextu Brevis illius pro Corpus suum capi arrestari ac in Prisona sub Custod ejusdem tunc Coronator per spatium sex horarum ex tunc prox sequem detineri malitiose minus juste procuravit in vituperator ' derogation ' vilipendium praedici Wilhelmi Officii Majoratus ipsius Wilhelmus praed necnon ad damnum prejudicium gravamen ipsius Wilhelmi manifest ' ubi revera de facto praedictus Thomas Papillon praedico tempore captionis arrestionis detentionis ipsius Wilhelmus in Prisona sit ut praefert ' fact ' non habuit aliquam justam vel probabilem causam Actionis versus ipsum Wilhelmum in Premisis praed unde idem Wilhelmus dic ' quod ipse deteriorat ' est damnum habet ad valent ' decem mille librarum inde produc ' sertam c. Die Jovis 6º Novemb. Anno Dom. 1684. Mich. Ter. 36º Car. 2o. B. R. At the Session of Nisi prius for the City of London held at Guild-hall Pritchard versus Papillon London ss SIR William Pritchard late Lord Mayor of the City of London having in Easter Term last brought an Action upon the Case for falsely maliciously and without probable Cause procured him to be arrested and imprisoned in his Mayoralty against Thomas Papillon Esq The Defendant pleaded not Guilty and thereupon Issue being joyned it came this day to be tried before the Lord Chief Justice Jeffreys and the Jury sworn to try this Cause were these Bartholomew Ferryman Thomas Blackmore Thomas Symonds William Whatton John Green Thomas Amy Jospeh Baggs Daniel Chandler John Reynalds John Allen Joseph Caine and William Withers jun. Mr. Mundy May it please your Lordship and you Gentlemen of this Jury Sir William Pritchard Knight late Lord Mayor of the City of London is Plaintiff and Thomas Papillon Esq is the Defendant And this Gent. is in a special Action upon the Case wherein the Plaintiff does declare That whereas the 12th of Februaery in the 35th Year of this King and before and after for several Months then next ensuing he was Mayor of the City of London being duly elected and sworn into the Office of Mayoralty of the said City and according to the Custom of the said City time out of mind he ought daily to attend the said Office in the diligent Government of the said City according to the Duty of his said Office which he was to execute to the Honour and Dignity belonging thereunto That the Defendant Thomas Papillon being one of the Commonalty of the said City and under the Government of the Plaintiff by virtue of his Office aforesaid not being ignorant of the Premises but contriving and falsly and maliciously envying the happy Estate of the Plaintiff in his said Office as also unjustly to disturb the Plaintiff in the Execution of his said Office the said 12th day of February in the 35th Year aforesaid the Defendant for vexation to the Plaintiff not having any lawful or probable Cause of Action against the Plaintiff falsly and maliciously did prosecute the King 's Writ of alias Capias out of the Court of King's Bench against the

Plaintiff by the Name of Sir William Pritchard Knight directed to the then Coroner of the City of London by which Writ it was commanded the said Coroner to take the Plaintiff if found within the said City and safely keep him so as to have his Body before that Court at Westminster upon Wednesday next after 15 days of Easter then next following to answer the now Defendant in a Plea of Trespass And that the Defendant of his further Malice against the Plaintiff afterwards and before the return of the Writ to wit upon the 24th day of April in the 35th Year aforesaid at London to wit in the Parish of St. Mildred the Virgin in the Poultry in the Ward of Cheap London delivered the said Writ of alias Capias to one John Brome Gent. then being Coroner of the said City to be executed and then and there the Plaintiff then being Mayor of the said City by virtue of that Writ maliciously and unjustly did procure to be taken and arrested and detained in Prison under the Custody of the said Coroner for the space of six hours to the Disgrace and Scandal of the Plaintiff and his said Office as also to the manifest Damage Prejudice and Grievance of the Plaintiff Whereas in Truth and in Fact the Defendant at the time of the taking arresting and detaining of the Plaintiff in Prison as aforesaid had not any just or probable Cause of Action against the Plaintiff in the Premises whereby the Plaintiff says he is injured and which he lays to his Damage 10000 l. To this the Defendant has pleaded Not Guilty If we that are of Counsel for the Plaintiff shall prove this matter unto you Gentlemen that we have laid in the Declaration that has been opened unto you you are to find for the Plaintiff and I hope will repair him in Damages for this Affront and Injury Mr. Attorn Gen. May it please your Lordship and you Gentlemen of the Jury I am of Counsel in this Case for the Plaintiff and this Action is brought Gentlemen to vindicate the Honour of the Chair from such Affronts as these which in no Age till of late days our Times of Faction and Confusion it ever met with That by a Person that is a Citizen of London and one of the Commonalty that ought to have paid Submission to the Lord Moyor as his Chief Magistrate and was bound so to do by his Oath as a Free-man should without Cause of Suit arrest the Lord Mayor of the City That there was no probable Cause is evident by his not proceeding in the Action that he had thus brought But Gentlemen we shall shew you in the course of our Evidence that there lay a further Malice in this Case and that there was a Design in it against the Government For we shall give you Evidence that this Design was laid to carry on the great Plot against the Lives of the King and his Brother and for the Subversion of the Government For they contrived it so that they would imprison the Mayor and then thought they the Loyal Citizens will interpose to rescue him and then the Party should rise to assist the Officer he having the Countenance of Authority and being in the Execution of the King's Writ especially if it be considered then who was Coroner and so a publick Commotion would be made a general Mutiny and that would be a fit Opportunity in the Confusion of the City wanting its Chief Governor of doing what they designed Gentlemen we shall prove all that is laid in the Declaration and likewise that the End of this Business was to have had a Commotion for the accomplishing their great Conspiracy as has been opened That Sir William Pritchard was arrested in his Mayoralty I suppose will be agreed or else we shall prove it Mr. Ward Yes yes we agree it Mr. Sol. Gen. Then we will go on and prove the manner of it Swear Mr. Gorges and Mr. Keeling which was done Mr. Keeling pray will you tell my Lord and the Jury were you made a special Bayliff to arrest Sir William Pritchard when he was Lord Mayor and what did you do upon it tell all you know of it and what was designed by it Keeling My Lord all that I do know of it is this It was upon the 24th day of April I have the Warrant here to shew I met with Mr. Goodenough at Mr. Russel's the Cook in Ironmonger-Lane and several others were there and I went away a little while and came again While I was gone from them they put my Name into the Warrant and upon that Warrant I did arrest Sir William Pritchard who was then Lord Mayor at the Suit of Mr. Thomas Papillon I suppose this is the Gentleman pointing to the Defendant I had no Order for it from Mr. Papillon nor ever spoke with him about it but I had Order from the Coroner who upon the arresting of him took my Lord Mayor into his Custody Mr. Attorn Gen. Where was my Lord Mayor then Keeling At Grocers-Hall Mr. Attorn Gen. Was that the place he kept his Mayoralty in Keeling Yes it was so Mr. Sol. Gen. What was he doing when you arrested him Keeling There was some Disturbance upon it among the Officers and People there The Coroner came up to him and said Sir I have a Writ against you I pray you would please to give an Appearance at the Suit of Mr. Thomas Papillon and another at the Suit of Mr. John Dubois and some words there past between him and the Coroner and my Lord Mayor refusing to give any Appearance the Coroner Mr. Brome bid us execute our Warrants upon which I came up to my Lord Mayor and touched him upon the Shoulder and said I arrest you at the Suit of Thomas Papillon Esq and one Ferdinando Burley arrested him again at the Suit of Mr. John Dubois Mr. Attorn Gen. What did you do with him when you had arrested him Keeling The Coroner dismist us and as I take it carried him home to his House Mr. Att. Gen. What Instructions had you what to do in case he made any Resistance and did not submit to the Arrest Keeling I know of no Instructions about any such thing Mr. Soll. Gen. Who was by pray when Orders were given you to arrest my Lord Mayor Keeling Both the Goodenoughs Mr. Att. Gen. He in the Proclamation you mean and his Brother Keeling Yes Richard and Francis Goodenough Mr. Soll. Gen. And who else pray Keeling Several that I did not know Mr. Att. Gen. Can you remember any Body besides the Goodenoughs in particular Keeling There was one a Tallow-Chandler and a great many that I did not know Mr. Sol. Gen. How many do you think there were and where was it Keeling I believe there were about thirty or forty and it was at Russel's the Cooks in Ironmonger-lane Mr. Att. Gen. Did they all come along with you to Grocers-Hall to arrest my Lord Mayor Keeling No

my Lord they did not Mr. Sol. Gen. Did any of them and which pray Keeling Sir I will tell you who did come to my Lord Mayor's There was the Coroner Francis Goodenough Ferdinando Burley and my self And after my Lord was arrested the Coroner bid us be gone and he would look after my Lord Mayor Mr. Sol. Gen. Whither did you go after that Keeling I went to Sir Harry Tulse's directly Mr. Att. Gen. Did not you expect an Opposition and had you not some discourse what you should do in case there was an Opposition Keeling No I cannot tell any thing of that Mr. Att. Gen. You say there was a Meeting or Consult at Russell's of forty People Had you not there some Consultation what was to be done if my Lord Mayor did not obey the Arrest Keeling I do not remember any thing about that at that time Mr. Att. Gen. Was there at any other time before or did you hear any of those People discourse the Goodenoughs or any of them what they would have done in case they were resisted Keeling I do not remember any Discourse of any such thing before or after L. Ch. Just Pray Mr. Keeling let me ask you a Question or two Were you ever imployed by the Coroner to be a special Bailiff to arrest any Body before this time you speak of that you arrested Sir William Pritchard Keeling No my Lord I never was L. Ch. Just Then pray recollect your self who were at that Meeting when-as you say your Name was put into the Warrant for this Arrest Keeling My Lord when I went away for a little while I left these Persons particularly that I did name the two Goodenoughs and one Burton I think and one Crompton and that Tallow-Chandler there were to the number of thirty or forty that I did not know their Names L. Ch. Just But pray how came you to be imployed in this Service then Were you a Tradesman in Town then Keeling Yes in Wapping L. Ch. Just Good now how came you to be employ'd in arresting my Lord Mayor more than any other of those thirty or forty that you say were there then Keeling I went there among them but did not know then that I should be concerned in this Business and I went away a little while and when I came back they told me that my Name was put into the Warrant L. Ch. Just Pray tell us the whole Story How you that were a Tradesman at Wapping should come to be imploy'd as a Bayliff to the Coroner of London to arrest my Lord Mayor there must be some particular End in it Mr. Att. Gen. Mr. Keeling tell the Court and the Jury the whole Story and what it was that brought you into this Keeling My Lord Mr. Goodenough told me I must be concerned L. Ch. Just Ay prethy tell us what Goodenough desired you to be concerned in Keeling Upon my coming back to the Company that was at Russell's Mr. Richard Goodenough told me I must be concerned in the Business of arresting my then Lord Mayor Sir William Pritchard Said I to him Mr. Goodenough this is foreign and remote to my Business to be concerned in such a Matter as this it will seem very strange for me to do it He prest it upon me to do it and says he if you will not do it you will be a Man look'd ill upon and it will be taken strangely from that Party he meant I suppose the Discontented Party the Faction or what you please to call it that were not contented with the administration of the Goverment in the City at that time and he urged it upon me with a great-many Arguments I opposed it with much vigour a good while but at last he prevailed upon me to go along with the Coroner and Frank Goodenough his Brother said he would go with me and he did so and we came and arrested my Lord Mayor as I told you before L. C. Just Where did Mr. Goodenough press you to be concerned in this Business as you say Keeling At Mr. Russell's a Cooks in Ironmonger-lane L. Ch. Just How came you thither Keeling He sent me a Letter to meet him there He was at me before to be concerned in it but I did not comply with him in it Mr. Richard Goodenough it was and Mr. Ashurst I think it was Alderman Cornish's Son-in-Law was by L. Ch. Just Was Nelthrop there Keeling No my Lord he was not there but they did not proceed then because my Lord and his Brethren were gone out of Town to wait upon the King I think And this was six weeks or two months before this Meeting at Russell's Mr. Sol. Gen. Pray Mr. Keeling recollect your self Had you any discourse with Goodenough or any body else what the Consequence of such an Arrest would be Keeling They told me my Lord Mayor and Court of Aldermen had made an ill Return to the Mandamus's that were served upon them for the swearing of Mr. Papillon and Mr. Dubois Sheriffs and therefore Mr. Papillon and Mr. Dubois had good Cause of Action against them and Goodenough said he had order from them to Arrest my Lord Mayor upon an Action and desired me to be concerned Mr. Sol. Gen. But pray remember what you said before Mr. Keeling Why should the discontented Party as you call them be concerned and be Angry with you if you did not arrest my Lord Mayor Keeling The particular Argument that he used with me to perswade me to it was this That I having a Trade and Dealing among that sort of People they would think ill of me I did not do it Mr. Sol. Gen. But why should the Party be angry with you if you were not a Bayliff to Arrest my Lord Mayor at the Suit of Mr. Papillon Keeling I did not know the Reason of their Anger he might have something in his Head that he did not reveal to me But that was the Argument he used The Party would think ill of me Mr. Serj. Maynard If you have done with this Witness I would ask him a Question You say Sir that Goodenough told you the Discontented Party would be angry with you if you did not do it Upon your Oath was the Discontented Party named Keeling No Sir but that Party of which Mr. Goodenough and I then was and they were the Discontented Party I think for they were so discontented that they would have killed the King and the Duke Mr. Att. Gen. That is an Answer I hope to your Question Mr. Serjeant L. Ch. Just I think when he names the Goodenoughs to be of the Party nobody questions but they were discontented Mr. Sol. Gen. He has explained well enough sure what he meant by the Discontented Party those that were so discontented that they would have killed the King and the Duke Those were the Promoters of this Action and Mr. Keeling must engage in it or they would be displeased Now my Lord we shall call Sir. Henry Tulse

can hardly get one word of truth out of them Let the Law in GOD's Name take place and let every man prosecute his Legal Actions but when under the Umbrage and Countenance of Law men shall desire to put themselves into Offices and Places of Trust on purpose to disturb the Government Do you think the Government will ever suffer it self to be snivelled at and overthrown by a Company of such Whining Fellows Let them hiss and hum and make a noise and a-do as they will thanks be to God 't is not that time of day now Such things have past too much uncontroul'd in the Body of this City heretofore What Gentlemen are you baffling the Law with such pretences as these now-a-days and do you think to sham People into Offices No I tell you Villainy was the foundation of it and Knavery the superstructure and it is high time it should be told out since I hear people begin to doubt of it as a question Mr. Ward Where is Mr. Serjeant Swear him Which was done Ld. Ch. Just Do not I know as sure as I sit in this Place that Bethel did once before Swear himself off and that there were two Elections of these two very men that year and that one of the Reasons was because they had not taken the Oaths and the Sacrament according to Law nor would they ever have done it we know them neither Bethel nor that very fellow that stands there Cornish neither till they found it would contribute to the Design of Subverting the Government then these Rascals could qualify themselves for an Office only to put the Kingdom into a Flame Mr. Cornish When the City chose me I had good reason for what I did Ld. Ch. Just Reason I tell you the City was in great happiness and quiet ever since the late times of Rebellion and Confusion every one knew his Duty to his Superiors and did it chearfully and conscientiously till such time as a couple of busie fellows came to get into the publick Offices Let the whole party go away with that in their Teeth and chew upon it if they will. Mr. Williams Mr. Serjeant will you please to tell my Lord and the Jury what directions you heard the Defendant Mr. Papillon give about the Plaintiff how they should treat him Mr. Serjeant My Lord I was in the Counting-house at Mr. Alderman Cornish's house when Mr. Papillon and Mr. Dubois were there I went into thē Parlour to them and Goodenough coming in they fell into a discourse about this Action that was brought by them against Sir William Pritchard then Lord Mayor and some of the Aldermen And Goodenough gave them an account how far he had proceeded in it he said he could not get any of them to give an appearance and the time was near spent and he desired to know of them what he should do Mr. Papillon and Mr. Dubois both did declare to him over and over again that it was their mind only to have the matter brought to a fair Trial and they charged him to look to it to do nothing but what was Legal and carry it with all respect imaginable to my Lord Mayor as the Chief Magistrate of the City that he should by all means get an appearance from him if he could and get the Coroner who was an Officer of the City to go with him and carry all things fairly and decently Mr. Att. Gen. Who gave these directions Sir do you say Mr. Serjeant Mr. Papillon and Mr. Dubois both of them did Mr. Ward Now my Lord we shall shew that we proceeded so far in the Action as to declare but afterwards apprehending our selves to be under a mistake we discontinued our Action Mr. Williams And the costs upon the discontinuance were received by my Lord Mayors Attorney Here is the Declaration as it was filed Ld. Ch. Just Ay it may be there was a Declaration filed but not regularly Mr. Williams My Lord Mayor after appeared Ld. Ch. Just How doth that appear in Evidence For the Coroner says he himself was in Custody and knows no more of the matter afterwards Mr. Williams I believe your Lordship doth remember there were many motions made in Court about this matter on the one side and the other and at length in Court it was comprimised and my Lord Mayor promised to give an appearance Ld. Ch. Just Prove what you can prove the appearance entred declaration received Mr. Williams My Lord I only offer this as an Evidence of an appearance Ld. Ch. Just A Record I know is a good and fair Evidence shew that if you can Mr. Ward It is not usual to declare till the Defendant appears Ld. Ch. Just A Declaration may well be upon an appearance but because it cannot be good without an appearance therefore it cannot be a sufficient Evidence of it Mr. Ward We will prove the Costs of the discontinuance paid and accepted Swear Mr. Baker Which was done What do you know Sir of any Costs that were taxed and paid for a discontinuance in this Case Mr. Baker My Lord Mr. Aston told me he appeared for Sir William Pritchard then Lord Mayor and had a Declaration from the now Defendants Attorney So I entred up a Discontinuance and paid the Costs and have Mr. Aston's Receipt for them Ld. Ch. Just He says well Go on then Mr. Williams My Lord it is a thing that hath frequently happened that after a man has brought an Action against another he finds he was mistaken and hath no cause of Action and thereupon relinquisheth his Suit But sure that will not make him liable to a Suit. Ld. Ch. Just. Well 'pray' go on with your Evidence Mr. Ward My Lord we are not now offering to try the right of Election tho' that really was the Foundation of the Action that we brought but we apprehended that question to be determined and we acquiesced in it when that Trial was over Now my Lord we shall shew that apprehending our selves really chosen we did in a due course of Law Sue forth our Mandamus directed to the Plaintiff and the Aldermen and there is a Return made I pray these may be read The Mandamus and Return were read Mr. Williams Then that which we shall next shew is the grounds and reasons why we thought this Return was false and thereupon brought our Action We shall shew that at a Common Hall held for the Election of Sheriffs the Defendant was in nomination and had a great number of Hands and Voices for him 'Pray' call Mr. Gilbert Nelson Mr. William Wightman and Mr. Leonard Robinson Who all appeared and were Sworn Mr. Ward Mr. Nelson 'pray' were you at the Common Hall for Election of Sheriffs in the Year 1682. Mr. Nelson I was at the Common Hall in June 1682. on Midsummer-day Mr. Williams 'Pray' Sir will you tell us who were then in nomination and how they did proceed Mr. Nelson There were in nomination for Sheriffs he that is now

cannot be decided by the view but they go to a Poll Who is to manage that Poll Mr. Town-Clerk The Officers of the City by direction of the Lord Mayor Mr. VVilliams That Poll you speak of for Lewis and Jenks Was that managed by any body but by the Sheriffs Mr. Town-Clerk It was managed by the Sheriffs and the Common Serjeant in the accustomed manner Mr. VVilliams How in the accustomed manner when you say that was the first that ever you knew Mr. Town-Clerk It was so for Sheriffs but there have been Polls for other Officers L. C. J. Why Mr. VVilliams every body knows that well enough that the Sheriffs are concerned in the management of the Election or the Poll as all the rest of the Officers of the City are under my Lord Mayor and the Common Serjeant consults with the Sheriffs Officers and People about him upon the view Mr. VVilliams 'Pray' Sir do you remember the Election of Mr. Bethel and Mr. Cornish Mr. Town-Clerk Yes Sir There was a Poll there too that was the Year after Mr. VVilliams Who managed that Poll Mr. Town-Clerk The Sheriffs and the Common Serjeant and I did agree to take it thus in two Books whereof one was with the one Sheriff and the other with the other Sheriff at the two ends of the Hall. Mr. VVilliams That was taken in Writing Sir Was it not Mr. Town-Clerk Yes Sir That other of Jenks was only by telling Mr. VVilliams Were you concerned in taking that Poll Mr. Town-Clerk I did assist at it one day Mr. VVilliams Who ordered you to take the Poll that day Mr. Town-Clerk Truly I did concern my self as little as I could in those things What Report was made to the Court of Aldermen I cannot tell but one day coming into the Hall I had no Mind to concern my self in it but some Gentlemen did pray me to go up to the Poll and I did go up Mr. VVilliams Sir Upon your Oath Did the Sheriffs direct you to take it Mr. Town-Clerk I really think they did not Mr. VVilliams Did my Lord Mayor direct you Mr. Town-Clerk No Sir. Mr. VVilliams Did the Sheriffs manage it Mr. Common-Serj I did it by Sir Robert Clayton's Order who was then Lord Mayor Mr. VVilliams My Lord all that we say to it is this We are not now proving our Right upon which we brought our Action that we submit unto it is against us we must agree it But be the Right one way or other yet we might from a supposed Right have a probable Cause of Action It seems to be a doubtful business by all that Mr. Town-Clerk has said who has the Right for all he knows of the Constitution is from Liber Albus and that is somewhat dark You Gentlemen hear what is said the thing was a Question of five or six days and a puzzling one it seems and therefore we might be misled into an apprehension that what the Sheriffs did was right and so notat all concern our selves with what my Lord Mayor did L. C. J. Mr. VVilliams you talk of that you do not understand for my Lord Mayor was not there at that time of Jenks's Poll I was Common Serjeant my self and I know the Sheriffs have nothing to do with it Mr. VVilliams It should seem by Mr. Town-Clerk to be doubtful sometimes one and sometimes another did direct the taking of the Poll. L. C. J. But you are out still But for all that this is nothing to your Right of Action one way or other Mr. VVilliams My Lord I must lay it here it was a doubtful thing and we brought our Action to try the Right but afterwards conceiving we were out and had no Right we discontinued and desisted L. C. J. It was so far from being their Right that I desire you to call me any one Witness that can say before Jenks's time there was ever a Poll for Sheriffs or such a thing thought of Mr. VVilliams We were under an apprehension of a Right in them L. C. J. There could be no colour for any such apprehension in the World. Mr. VVilliams We must submit it to your Lordship's directions Mr. Att. Gen. So do we Mr. S. Maynard Whether this Action brought by us was malicious Mr. VVard My Lord Mr. Attorney doth challenge the Defendant to shew that his Action was brought by advice of Counsel we shall shew it was with good Authority of Counsel Mr. Baker can you tell whether it was by any Advice and whose Mr. Baker It was by the Advice of Mr. Thompson Mr. Pollixfen and Mr. VVallop as I have heard Mr. Att. Gen. But you hear what Keeling says there was a Party that were at a Consult about it and that were concerned in it Mr. Sol. Gen. My Lord We have done on both sides I think and submit to your Lordship's direction in it L. C. J. Will any of you say any thing more Mr. VVilliams No my Lord we have done we leave it upon this Evidence to your Lordship and the Jury Mr. Att. Gen. My Lord We have no more to say for the Plaintiff L. C. J. Then Gentlemen of the Jury as my Brother Maynard said in the beginning of his Defence in this Cause so I say now to you to set all things strait and right God forbid that any heat or transport of the times should bring us into that Condition but that every Subject of the Kings that hath a right of bringing an Action at Law against another should have free Liberty so to do And the Courts of Justice are now and I hope always will be so open that every one that would take a Remedy prescribed by the Law for a wrong done him may be received to bring his Action which is a Legal Remedy And I am to tell you Gentlemen that much has been said in this Case which I perceive is by the Concourse of People a Cause of great Expectation as my Brother likewise said which is not at all to the Case I am sorry truly at this time of Day that we should stand in need of such Causes as these to settle and keep People in their due bounds and limits But tho' many things have been said in the Case that are quite besides the natural Question yet they having being made Dependancies upon that Question and because it seems to be a Case of such Expectation I think it will become me in the Place wherein I am to say something to you and according to the best of my Understanding tell you what I apprehend to be the legal Part of it stripped of what hath no Relation at all to it And if I shall omit any thing that is material on the one side or the other here are Gentlemen that are Learned in the Law who are of Council both for the Plaintiff and the Defendant and I shall not think my self under any sort of Prejudice in the World if they take the liberty as they may freely do to interrupt me