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.
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
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
that the Supream Powower should be in the Livery-men that are expresly appointed to act by a Common-Council which is indeed the Representative of the whole City But this Gentlemen being done by the Sheriffs having Usurped the Power of the Mayor they did proceed in a riotous manner when the Mayor attempted to go out of the Hall they struck him struck his Hat off and pressed several of the Aldermen the Evidence will make out in what an Outragious manner it was carried on If the others had made Opposition how soon had all been in Confusion upon this Usurpation that the Sheriffs had set up for themselves that they are the Delegates of the People and must appear to be the Supream Magistrates of the City of London I think the Citizens themselves will never endure that those that are but County-Officers should ever invade the Government of the Corporation Gentlemen We will shew you the Particulars of this and you have nothing to enquire after but whether they are Guilty of the Riot or no. Mr. Sol. Gen. My Lord We will call our Witnesses and prove our Case by these Steps For the Question That whether or no the Defendants in the Information were Guilty of a Riot in continuing the Assembly after my Lord Mayor had adjourn'd them we will prove it by these steps that it is in the Power of the Lord Mayor to call a Common Hall and adjourning the Common Hall That my Lord when the Common Hall was Assembled for the purpose of Electing Sheriffs that he did Adjourn the Common Hall and that contrary to his Adjournment the Sheriffs continued it declaring my Lord Mayor had no Right so to do And that afterwards my Lord Mayor commanded them to depart and they continued their Assembly there in a very Riotous manner And as my Lord Mayor came down they offered Insolencies to his Person and they continued the Assembly there in a Riotous manner and commended the Sheriffs that did assert their Right following them in a Riotous manner into Cheapside crying out in a factious manner God bless the Protestant Sheriffs Mr. Serj. Jefferies My Lord We would call our Witnesses but for the sake of the Gentlemen of the Jury and that the thing in question may be more intelligible I beg leave to acquaint your Lordship with the Methods that have always been observed in the Elections of this City My Lord We will make it appear and I think it will not be doubted by any man that knows the City of London That Common-Halls are always Summoned to appear by the Intimation of the Mayor for the Mayor himself at any time when he finds an occasion either for the Assembling of a Common-Councel or the Assembling a Common-Hall c. Issues forth Precepts they are words that you Gentlemen do understand very well to Summon a Common-Hall or Common-Councel as he thinks fit It is very true though they do usually make Summons for Midsommer-Day yet Midsommer-Day being a publick and notorious Day appointed for the Choice of some particular Officers they are not so exact in the Summons for that Day for they do presume that every body takes notice of the Business of that Day But whereas in the Record there is only notice taken concerning the Election of Sheriffs on Midsommer-Day it is notoriously known to all Gentlemen that are Inhabitants in London There is also on that day a Choice of Chamberlain and Auditors of the Bridg-house and Chamber Accounts and so down to Ale-Conners and the Sheriffs of London quâ Sheriffs of London in these Elections are no more in the Case than any private man is That as soon as the Election of these Officers is dispatched for I my self have had the Honour to serve the City some time and know their Methods very well therefore I take the liberty to explain it to some of these Gentlemen that are Foreigners My Lord I say as soon as ever this is done an Account is given to the Mayor and Aldermen and the Mayor orders the Dissolving the Assembly And my Lord it was frequent before people were so ambitious to come into the Office of Sheriffs as they have been within two or three years last past till which time it was not known that People were fond of the Office for they used to go a Birding as they call it to get in Persons that would Fine off from the Office rather than undergo the burden of it and when that was done then the usual Method was to call another Common-Hall for the Election of another But never made application to Mr. Sheriff to let them have a Common-Hall but the common way was to go to my Lord Mayor's House to know his Pleasure and he of himself appoints a Common-Hall at such time as he prefixes and then intimates the purpose of their meeting and orders the Sword-bearer or other Officer that is Attendant upon his Person in his House to send forth Precepts accordingly and there may be sometimes but one Sheriff at a Common-Hall I have known it sometimes when there hath been never a Sheriff and yet they have not thought they have wanted a Judge of that Assembly but my Lord when all the matter is over and persons are declared to be chosen into this or that or the other Office in the Common Hall then an Officer of the City not an Officer of the Sheriffs but an Officer which is called by the name of the Common Cryer he makes Proclamation upon the Hustings where my Lord Mayor is Judge for all Gentlemen to depart for that time and to give their attendance there at another Summons And now my Lord to make the thing a little more intelligible there is a difference between the Choice of the County Officers and the Corporation Officers For at the Election of City Officers the Common Serjeant the Common Cryer and Town Clerk are the Officers that attend and manage the Common Hall where my Lord Mayor is looked upon to be the Superintendent but at the Election of Parliament men the Writ is directed to the Sheriff and they interpose in all the management and then the Common Serjeant and Common Cryer have nothing to do but at such times the Secondaries of the Compter which are Deputies to the Sheriffs they come and manage the whole Affair This I tell you because I have been pretty well acquainted with the Methods of the City I do very well remember I had the Honour to serve the City of London at that time Sir Robert Clayton was Lord Mayor and there was a great occasion to try a person about the Assassination of Mr. Arnold and the Question was Whether they should proceed to a Poll or not because they were to go to the Sessions-House in the Old Baily in order to the trying of that person That worthy Gentleman being then in the Chair I had the Honour to sit by him ordered the Court to be adjourned for a day or two because they were
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
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
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
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
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
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
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
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
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