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A53380 A display of tyranny, or, Remarks upon the illegal and arbitrary proceedings, in the courts of Westminster, and Guild-Hall London from the year, 1678, to the abdication of the late King James, in the year 1688, in which time, the rule was, quod principi placuit, lex esto : the first part. Oates, Titus, 1649-1705. 1689 (1689) Wing O35; ESTC R16065 100,209 272

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charged against them touching the Proceedings against Sr Thomas Armstrong Then Mrs Mathews Sr Thomas Armstrong's Daughter was called in and examined what she knew of the Prosecution against her Father And Sr Robert Sawyer then Attorney General being named by her as one of the Prosesecutors After she was with-drawn he was heard in his place to what was objected against him and then he withdrew and upon debate of the matter it was Resolved That Sr Robert Sawyer 's name be put into the Bill as one of the Prosecutors of Sr Thomas Armstrong Resolved That Sr Robert Sawyer be expelled the House for the same Saturday the 25th of January 1689. The House being acquainted that according to their Order Sr Francis W●thens Sr Richard Holloway Mr Graham and Mr Burton attended at the Door th●y were severally called in and examined touching the Prosecution and Proceedings against Sr Thomas Armstrong And also the Executors of the late Lord Jeffryes that were attending at the Door were likewise called in and asked what hey had to say why Reparation should not be made out of the Lord Jeffryes Estate to the said Sr Thomas Armstrong's Family No Persons appearing as Executors to the late Justice Walcot the House was acquainted that he dyed Intestate and had not left an Estate sufficient to pay his Debts After the Persons before-mentioned were heard and with-drawn Mr Blaney was called in who gave the House an Account of the Proceedings in the Court of King's-Bench upon the Awarding Execution against Sr Thomas Armstrong And then the House proceeded upon the Amendments made by the Committee to the Bill for annulling the Attainder of Sr Thomas Armstrong And after having inserted the Name of Sr Robert Sawyer as a Prosecutor and resolved That the sum of five thousand Pounds should be paid by the Judges and Prosecutors to Sr Tho. Armstrong's Lady and Children as a Recompence of the Losses they had sustained by reason of his Attainder the Bill was recommitted upon the debate of the House to the same Committee Notes upon the Tryal between Sr William Pritchard Alderman of London and Thomas Papillon Esq. at Guildhall upon the 6th day of November 1684. before Sr George Jeffryes Lord Chief Justice of the Kings-Bench THat Mr Papillon was second to none in his zealous and undaunted opposition to the wicked attempts of introducing Popery and Arbitrary Government is very well known and deserves to be for ever remembred with honour None out did him in a diligent and faithful discharge of his Trust in several Parliaments In the Year 1681 there appeared a Race of Men fond of Vassalage and Slavery to that degree that they made Addresses of Thanks to the King for breaking two Parliaments in the compass of three Months meerly upon the score of their steady Resolution to extirpate the Popish Plot and Popery One of these fawning Addresses with promise of venturing their Lives and Fortunes to maintain this Violation of the Constitution of the Government having been presented to the King by Sr William Pritchard Sr George Jefferies and others Mr Papillon in abhorrence of it promoted and personally prosecuted a Petition to the Lord Mayor Aldermen and Common-Council praying that the Thanks of the City might be returned to Sr Robert Clayton Sr Thomas Player Alderman Pilkington and Alderman Love their worthy and well deserving Representatives in the Oxford Parliament and shewing That as matters then stood the Papists being animated in their Bloody designs by the hopes of a Popish Successor a Declaration to have frequent Parliaments could not attribute to the safety of the Kingdom and the composing the minds of Protestants but that it must be the sitting of a Parliament so as to search the Plot to the bottom to Prosecute the Conspirators and provide suitable Laws against the impending Evils and that nothing else could be effectual Further This Gentleman having in the same year 1681. greatly added to his guilt by baffling the Popish designs upon the Lives Liberties and Estates of all Protestants in the attempt upon the Earl of Shaftesbury He exerts himself in the year 1682. in the defence of the great and undoubted Right of the Citizens to chuse their own Sheriffs but now arbitrary Power being by the aid of ill Men become rampant and uncontroulable he must be sacrificed to their Revenge Mr Papillon having been duly elected one of the Sheriffs of London and Middlesex he brought a Writ of Mandamus out of the Court of King's-Bench to command the Mayor Aldermen to swear him into the Office that being disobeyed he is advised by his Counsel that he is entitled to an Action at Law for the wrong done him he sends in a respectful way to the Mayor and Aldermen requesting them to give voluntary appearances to his Action that being refused he proceeds by a legal process to bring them to answer him at Law whereupon Sr William Pritchard being arrested by the Coroner of London to whom the King's Writ was directed and detained some hours upon his refusal to give an appearance to Mr Papillon's Action Sr William brings an Action against him for thus arresting him and demands 10000 l. damages wherein he committed a great over-sight for had he ask'd 100000 l. the usual damages given in that day he had not failed of it with the following Jury which tryed the Cause Bartholomew Ferryman an old Informer one of the Jury of the Guildhall Riot Thomas Blackmore One of Dr Otes's Jury and also of the Riot Jury Thomas Symonds William Whatton One of the Riot Jury John Greene Thomas Amy One of Sr S. Barnardiston's Jury Joseph Baggs Daniel Chandler John Reynolds John Allen. Joseph Caine and Will. Wythers junior Fathers own Son. Mr Mundy opened the Declaration to this effect That the Plantiff being Lord Mayor and to attend that Office in the diligent Government of the City The Defendant envying the happy Estate of the Plantiff and contriving unjustly to disturb him in the Execution of his Office did to vex him not having any probable Cause of Action against him maliciously prosecute the King 's Writ out of the Court of King's-Bench against him directed to the Coroner of London commanding him to take Sr William Pritchard at Mr Papillon 's suite in an Action of Trespass and did procure Mr John Brome The Coroner to arrest him and that he was detained in custody six hours To the disgrace and scandal of the Plantiff and of his Office Whereas in fact he had not any just Cause of Action against him to his damage 10000 l. Then the Attorney General told the Jury that the action was brought to vindicate the honour of the Chair from such Affronts as these which in no Age till our times of faction and confusion it ever met with and he said We shall shew you that there lay a further Malice in this case and that there was a design in it against the Government This design was laid to carry on the great
then called Sr William Hooker Mr Lightfoote Mr King the Common Serjeant the Common Cryer the Sword-Bearer and Mr Bancroft to testifie as they did that the Lord Mayor did always convene and dismiss the Common-Hall and as to the matter in question the Common Cryer evidenced that about five or six of the Clock he adjourned the Court by my Lord Mayor's Order to the Tuesday following Mr Weston witnessed the same about the Adjournment and that he saw my Lord's Hat off and his Train bearer was knock't down or fell down The Common Serjeant evidenced that he heard them but could name no Person cry out No God Bless the King down with the Sword No Lord Mayor No King. And he affirmed that he had the sole management of Elections of Sheriffs as the Duty of his Place Then Cradock and others witnessed that the several persons charged in the Information continued upon the place after the Adiournment And Cradock said that Mr Bethel came to him and bid him resist my Lord Mayor Major Kelsey declared That he saw my Lord Mayor's Hat upon his Back And Captain Clark said that he heard above a hundred hiss and cry No King's man upon the proclaming God save the King and that they also cryed Press on Press on Higgins said that some cryed God save the Protestant Sheriffs down with the Sword and that after the Lord Mayor was gone home he saw one Freeman whom they call the Protestant Cheesmonger calling to Poll to Poll And that he heard Alderman Cornish tell the Sheriffs they were doing right and you shall have all right done to you Higgins added that he was saying you are all in a Riot and Mr Swinnock said this is no Riot I can never meet you but you are railing against the King's Evidence Mr Vavasor Note This Spark Vavasor was the malicious and implacable Mover and Promoter of the unjust Prosecution of honest Mr VVilmore and said This Dog VVilmore this Ignoramus Dog If I do but rout him I shall be made the King's Atturney Had Mr Atturney General known that he had the Ambitious thought of supplanting him he would not have given him this lift towards the Office of Kings Atturney by making him one of his Majesties VVitnesses called by Mr Atturney General witnessed that Sheriff Shute ordered Proclamation to be made and told them where as my Lord Mayor had taken upon him to Adjourn We the Sheriffs being the proper Officers do Adjourn to Tuesday at nine of the Clock And Vavasor added that had it not been for Trice Hammond he believes he had been trod under foot Then Farrington testified that Mr Wickham a Scrivener said to him My Lord Mayor has nothing to do here We will not be ruled by any of your Tory Lord Mayors and he added that they fell about him and he was in great danger of mischief for they trod upon his Toes Mr Kemp testified that Mr Deagle confessed to him that he was there about seven at night with Alderman Cornish It will no doubt be a warning to Mr Deagle to go upon his next transgression a little further than Pater Noster-Row for a Confessor Mr VVilliams then urged on behalf of the Defendants That for the Cries and Disorders nothing was fixed upon them and it appeared not whether one Party or other made the noise That the question here was whether the Sheriffs did more than their Office and he did not see the Government concerned one way or other That here is nothing more proved than the continuing the Poll and it will be very hard to make them guilty of a Riot Sr Francis VVinnington added That at this rate They that are the greatest Number or rather the most powerful Party may upon every occasion make them against whom the Election is carried to be Rioters Then Sr Robert Clayton witnessed That when he was Lord Mayor a Person whom he drank to for Sheriff was rejected by the Common-Hall and they were left to choose two Sheriffs for themselves That the management of the Election was left to the Sheriffs who did grant a Poll and managed it which Sr Robert took to be their duty and did not apprehend it to be his right That that Poll was the most litigious he had known and lasted five or six days and the Sheriffs adjourned it without consulting him or receiving any direction from him for he did not look upon it to be in his power Here the Attorney General and Mr Jones designing without doubt to catch this prudent and well-deserving Gentleman as they lately had the worthy Sr Patience Ward did mightily labour to have him be positive in his evidence but he not being to be so ensnared declared that he spoke to the best of his remembrance every thing he said Alderman Love then witnessed that when he was Sheriff about two twenty Years ago he took it for granted that it was the Sheriffs Office to manage the Common-Hall as my Lord Mayor's was to have a Sword born before him and that he received it by Tradition from all before him That in his Sheriffalty when they came to chuse Sheriffs the Lord Mayor said to him and his Brother Gentlemen look to your Office that one was put in nomination who had been drank to and he being a sitting Alderman he was chosen with another He added that had my Lord Mayor gone about to intermeddle he should have desired him to meddle in his own Office and let him alone with his That he never knew or heard that the Lord Mayor interposed till of late years but the Sheriffs managed the whole business of chusing Sheriffs Deputy Sibley then testified that he had been of the Livery ever since the Year 1639. That in all his time except of late the Sheriffs had the management of the Election and the Lord Mayor never interposed but he and the Aldermen went off the Bench. Mr Winstanley testified that when Sr Samuel Starling was Mayor Sr James Edwards and Sr James Smyth the Sheriffs managed the Poll between Mr Kyffen and Sr Robert Clayton Mr Wallop then put this Case in a point of right if there be a probable Cause to insist upon it Suppose I send three or four Men to a Wood and take a Car or Team if they be a competent Number to cut down Wood if I am mistaken in the title that is no Riot Then Mr Roe testified that he saw a Rabble of about one hundred in the Street with their Hats upon Sticks crying damn the Whiggs they declared that they did it to stop the Polling for Sheriffs Then something in excuse for the Lord Grey's being there was offered Sr Simon Lewis and Sr Jonathan Raymond who were Sheriffs in Sr Robert Clayton's Mayoralty then said That upon the first day of Election of Sheriffs my Lord Mayor adjourned the Court and that afterwards they only appointed from day to day till the Poll was ended The Common Serjeant out-stripped these Gentlemen
in which these most deserving Gentlemen ever engaged themselves For this imaginary Riot they were with others brought to Tryal The Sheriffs made by Riot Force and Arms returned upon them some of the true Rioters for Jury-Men Others of them were made the Witnesses and so they were found guilty and most extravagantly Fined Mr Bethel after about two years Imprisonment for non-payment of the Fine against all Law and Reason imposed upon him Obtained his Liberty by payment of his Fine he having wisely observed that the Juries of that day did Kill as sure as Death every Man whom the Conspirators marked out to them and being thus at Liberty and also at leisure resolved for a time to take his leave of England as he did and so very happily lives at this day to be further servicable to this famous City and his Generation But Mr Cornish's Family and great Occasions having detained him within the reach of the Conspirators The wise disposer of all things now permits him to be made a Sacrifice to the Tories Rage They charge him with an Indictment of High Treason for Conspiring the death of King Charles the second and the raising a Rebellion The Jury sworn upon him were Thomas Rawlinson Thomas Langham Ambross Isted of Fleetstreet Thomas Pendelton John Grice Thomas Oneby of Aldermanbury William Clowdesly of Fishstreet of whom it is generally and very credibly reported that he was killed about three years after with a piece of Wood called the Cornish of an House upon the blowing up some Houses at the Fire at Paul's-VVharfe Richard Holford of Breadstreet-Hill Cheesemonger VVilliam Long-boat Stephen Colman of Leadenhall-street at the Corner of Limestreet Robert Clavel Book-seller in St Pauls Church-yard and VVilliam Long. The King's Council were The Attorney General The Solicitor General Mr North and Mr Phipps The Attorney General aggravated the matter charged in the Indictment thus Gentlemen of the Jury the Prisoner stands Indicted for Conspiring the death of the late King and for raising Rebellion and consenting to be assisting to the Rebellion then designed I need not tell you what part he acted when he was Sheriff that that was the ground-work of the Rebellion setting the Commonality against the Government of the City Hereupon Mr Cornish said that he was as Innocent as any Man in the Court and the Attorney ironically replyed So was my Lord Russel to his Death Mr Cornish do you remember that Then Colonel Romsey who to the certain knowledge of the Judges and King's Council had perjured himself in the Tryal of my Lord Russel testified that about October or November 1682. he went to Mr Shepherd's House to the Duke of Monmouth my Lord Russel Lord Gray Sr Thomas Armstrong and Mr Ferguson That they were just going away when he came That before they went Alderman Cornish was brought in by Shepherd and made his Excuse that he did not come sooner and said he could not stay with them That thereupon Mr Ferguson opened his Bosome and pull'd out a Paper and read it to him Mr Shepherd holding the Candle and after it was read he said he liked it well That he the said Romsey did not hear all the the Paper read but it was a Declaration to have been dispersed when the Rising was to have been That there were as he well remembred two points in it One was Liberty of Conscience and the other That all who would assist in the Insurrection that had any Lands of the King 's or Churches in the late War should have them restored Mr Goodenough who to capacitate him to be a Witness brought a Pardon for one Treason for which he had been Outlawed and stood awed with the guilt of another He testified that being with Alderman Cornish in the beginning of the year 1683. He said to him Now the Law won't defend us tho' we be never so innocent some other way is to be thought on and that upon this the Alderman said he wondered the City was so unready and the Country so ready That he thereupon told him that something was thought of to be done here but in the first place the Tower ought to be seized That the Alderman after a little pause said I will do what I can or what good I can That some time after the Alderman met him upon the Exchange and asked him how Affairs went which he understood to relatc to what they had discoursed and that he answered him Well But he acknowledged that he had other matters with him about the defence of the Riot Upon this mention of the Riot Justice Wythens reflected saying Mr. Cornish I tell you that was a branch of the Plot take that from me and quickly after he told him something as true viz Mr Cornish you have this Happiness that you will be Tryed by your Fellow Citizens of very good Quality and Understanding I must tell you On behalf of Alderman Cornish there appeared Sr VVilliam Turner Alderman Love Mr Jekil and Mr Gosfright who testified that the Prisoner had great aversion to Goodenough and did oppose his being made Vnder-Sheriff but the Chief Justice slighted their Evidence and Wythens said Mr Jekyl was in a Limb of the Plot one of the greatest of the Rioters Note a Person under the guilt of Treason is allowed for a good Witness but this Learned Judge seems to doubt in the Case of a Rioter Then Sr Thomas Lane testified that in my Lord Russel's Tryal Romsey swore that he did not hear the Declaration read it being done before he came Dr Calamy Mr Carlton Mr Cooke Mr Knap and Mr Smart then spoke to the Life Reputation and Loyalty of the Prisoner It deserves to be noted that after the Evidence given Mr Solicitor did here omit the drudgery which in all other Cases of this nature he underwent by a long florid Speech to impress the Jury in the matter here it sufficed that Judge Wythens had just before passed his word that this Jury was composed of Citizens of very good quality and understanding therefore they might be trusted well enough knowing what they had to do The Lord Chief Justice Jones who had in the whole proceeding of the Tryal discovered sufficient tartness sumed up the Evidence to the Jury Then The Jury being withdrawn the Prisoner informed the Court that he had omitted to call one material Witness whereupon the Jury being returned Mr Shepherd testified That Mr Cornish came into his House to speak with the Duke of Monmouth or some other person he could not positively after so many Years say whom and did not stay half a quarter of an Hour That Shepherd went up Staires and came out of the Room with him and that there was not one Word read or Paper seen while Mr Cornish was there That he was not look'd upon to be one of the Company But before he came Mr Ferguson had pull'd off his Shooe and took the Declaration out there and read it and Mr Cornish knew nothing of