Selected quad for the lemma: peace_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
peace_n	king_n	say_a	sovereign_a	2,114	5	10.0462	5	false

Text snippets containing the quad

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

at least paid to the Poor and also inforced this Opinion by the Votes of the Commons in Parliament in the Case of other Burroughs fully to the same effect But though the Bayliff confessed it was but reasonable it should be so yet he would not be prevailed with to do that which he owned to be reasonable from whence it is that the Burrough hath not had in the two last Parliaments Representatives which have been duly Chosen by true Electors And thus much may suffice at present to shew the irregular and unjust way of Election of Members to serve in Parliament for the Town and Burrough of Southwark THE TRYAL OF Slingsby Bethel Esq On Wednesday the fifth of October 1681. at the Bridge-house in Southwark before the Right Honourable Sir Patience Ward Lord Mayor c. The Court being sate the Jury were called as followeth whose Names are desired to be mentioned with their distinctions because there are several others in Southwark of the same Names JURY-MEN Edward Collingwood Brazier alias Tinker Francis Waker Comb-maker Zebulon Newington Chandler alias Salter William Head Woollen-Draper Humphrey Roberts John Allyn Baker John Morgan Grocer William Morice Francis Ferrey Richard Frankling Thomas Wade Butcher and private Informer for the Custom-House Edward Kemp Ale-Draper Being Sworn the Indictment was Read The Indictment at the General Quarter Sessions of the Peace of our Soveraign Lord the King for the Town and Burrough of Southwark in the County of Surrey at the Bridge-House within the Town and Burrough aforesaid to wit the twenty ninth day of June in the Thirty Third Year of the Raign of our Soveraign Lord Charles the Second King of England c. THE Jurors for our Soveraign Lord the King upon their Oath do present That Slingsby Bethel late of the Parish of St. Olaves Southwark within the Town and Burrough aforesaid in the County of Surrey Esquire on the twelfth day of March in the Three and Thirtieth Year of the King with Force and Arms at the Parish aforesaid and within the Town and Burrough aforesaid in the County aforesaid in and upon one Robert Mason at that time one of the Kings Water-men in the Peace of God and of our Lord the King then and there standing did Assault and make a Battery and the said Robert Mason then and there most griveously and dangerously did Beat Wound and evil Intreat so that his life was greatly dispaired of and other Innormities that then and there he offered to and brought on the said Robert Mason and that the same Slingsby Bethel then and there to wit the same twelfth day of March in the Thirty Third Year aforesaid in the Parish aforesaid in the Town and Burrough aforesaid in the County aforesaid in the presence and hearing of very many of the Subjects of our Soveraign Lord the King then and there to the said Robert Mason he spake uttered and with a loud Voice declared and publisht these provoking threatning and approbious words to wit Syrrah pointing at the said Robert Mason I meaning himself Slingsby Bethel will have your Coat a certain Cloth Coat of a Red Colour with which the said Robert Mason then and there was covered and adorned with a certain Badge of our said Lord the King upon the said Coat pluck'd off your back to the great terrour disturbance and trouble of Divers of our Soveraign Lords liege People and Subjects being then and there present to the evil example of all others offending in the like Case as also against the Peace Crown and Dignity of our Soveraign Lord the King c. Councellor Peasely MY Lord and you Gentlemen of the Jury Slingsby Bethel Esq Stands Indicted for that he the said Slingsby Bethel made an Assault and Battery on Robert Mason as also for Menacing and Threatning Words saying to him the said Robert Mason Sirrah I will have your Coat pluck'd off your Back to the great terrour and damage of the said Robert Mason c to which Indictment he has Pleaded not Guilty Mulloy My Lord and you Gentlemen of the Jury I am Councel for the King against Slingsby Bethel Esq who upon the twelfth day of March last in the Thirty Third Year of the King did Assault Robert Mason one of the Kings Watermen and did injuriously beat and strike the said Robert Mason did give several opprobious words saying he would have his Coat pluck'd off his Back c. To which he Pleadeth not Guilty Holt. My Lord and you Gentlemen of the Jury I am Councel for the King against Slignsby Bethel Esq You understand the Issue you are to Try it hath been opened the question is Whether Mr. Slingsby Bethel be Guilty of this Battery and the matter contained in the Indictment and the Agravating words therein or no. The occasion was that in March last there was an an Election for two Burgesses to be chosen to serve in Parliament for this Burrough this Robert Mason was desired to come from Lambeth to see whether any of that Parish came to Pole which had no Right so to do The Competitors were Sir Richard How Captain Rich Slingsby Bethel and Edw. Smith Esquiers Mr. Slingsby Bethel shewed at his entrance into the Burrough what Inclination and Temper he came with for his Followers and such as came with him came with their God-Damme's and several execrable Oaths against those that Voted against him after the Election began and the Pole demanded truly then Mr. Bethel Acted his part and took occasion to go off from the place where he was and strike several Persons that were Acting against him particularly this Robert Mason finding him to be against him took his Cane and knocked him over the Pate and afterward knowing him to be Kings Waterman said he deserved to have his Coat pluck'd over his Ears were the affront against him as a single person it were not of so bad Consequence but we are to take notice of the Solemnity of the occasion of the Meeting now consider the occasion it was for the chusing of Parliament men and had it not been for the prudence of the Waterman in forbearing to strike again God knows the effects and what an uproar it might have occasioned but he prudently refrained and took his Course in a Legal way and according to Law hath preferred this Indictment against Mr. Slingsby Bethel Now though the said Mr. Bethel be so great a man and a person of value lately Sheriff of the City of London and he Robert Mason appearing to be but a poor Waterman yet I don't question he will find an English Jury to do him right Kings Councel Call Mr. Robert Mason Arthur Adams Tho. Walbrooke Griffin Meade Tho. Smyth Alexander Dory 〈◊〉 Lawrence Councellor Holt. Mason What can you say on the Kings and your own behalf concerning this Matter Robert Mason I was standing upon the steps by the door in the Artillery Ground and Mr. Bethel came and gave me divers blows on the stairs knock'd me with his

Give an account of what you know Weekes My Lord I saw Sheriff Bethel when he came into the Ground and went up the Steps I made haste after him and was there all the while and there was nothing like a blow but all he did was to this purpose Pray Friend said he if you have no right to Poll go your way what have you to do here and I followed after him into the Artillery Ground and there was nothing of a blow or any thing like it Thompson You were there all the while Weekes Yes I was Thompson Yet Mason saith there were twenty blows given Weekes Upon the Oath I have taken there was none nor any thing like it Holt. Mr. Weekes do you live in London or do you live in the Burrough Weekes Sir I live in London Holt. What is this Witness to the purpose then Thompson May not a Man live in London and be a good Evidence here Notwithstanding call Mr. Gerrad Mr. Gerrad what can you say Gerrad My Lord I was in the Ground before Mr. S. B. came out of the Polling-House and I saw this Waterman and Sam. Sams thrusting of People down that seemed to be for Mr. B. and Smyth crying How and Rich. Weekes My Lord my memory failed in this point but upon the Oath I have taken what that Gentleman swears it is true Thompson Pray Sir as you seem a sober Man were any blows struck by Mr. Bethel Gerrad I went with Sheriff Bethel there at that time and he asked the Waterman what he had to do there I cannot well tell what answer he made But Mr. Sheriff said if you have no right to Poll pray go about your business upon the Oath I have taken he did not strike one blow no more than he doth now standing in this Court before your Lordship Lord Mayor Was there any pushing or thrusting by Mr. Bethel Gerrad Upon my Oath my Lord not any Thompson And you say you were there all the while and saw no disturbance given by Mr. Bethel Gerrad I am sure there was not Thompson Had he this Coat on or no or had he not a Campaign Coat on Gerrad To the best of my remembrance he had a Campaign Coat on and I believe he had Thompson Mr. Hatfield pray give an account of what you know of this matter Hatfield There were two Men which I saw in Red Coats which pusht down the People that came to Poll for Mr. Bethel before Mr. Bethel came and had not Mr. Bethel come to appease the Tumult I do believe there had been much mischief done by them and Sams c. Thompson Upon the Oath you have taken were there any blows given Hatfield No Sir there were none Thompson Were there any blows given by Mr. Bethel Hatfield No Sir not one for Mr. Bethel being informed of the incivility of Mason and Sams Mr. Bethel came Civilly to them and intreated them to come down and bid them be gone and not make a Disturbance Mulloy Call Lawrence again to shew that Mason did not make the Disturbance Lawrence I saw Robert Mason and the Party with him behave themselves very Civil and the Disturbance that was proceeded from the other Party Thompson This is the same Man we had but now he is called to Witness again a pretty way of multiplying Witnesses I appeal to Mr. Mason himself whether this be not the same Man you called once before Thompson My Lord and you Gentlemen of the Jury I think the Case is plain and needs no Arguments I shall onely take notice how careful these men are as they pretend to keep the King's Peace The matter you see in short is Mr. Bethel who stood for a Parliament Man of this place and at the same time bore an Eminent Character as Sheriff of the City of London upon Information given of the Disturbance made by this Mason and of the unfairness of their proceedings only came Civilly and took him by the Arm perswading him to come away and make no Disturbance And this is the truth of the Case and the mighty Battery they pretend to Now suppose that when People are in such a Crowd and upon such an occasion there were some pushes as is the utmost here pretended could this be a sufficient matter to ground an Indictment upon No Gentlemen no This Indictment and the Design of it is to raise a dust and if possible to cast Reflections on Mr. Bethel but 't is more than they can do in point of Law by any matter here proved if Masons Witnesses do swear true yet you see how Mason behaves himself crying How and Rich striking down all that came between Sam. Sams and him so they broke the Peace and raised the Disturbance themselves And in that case any Man and why not Mr. Bethel might have taken him and carried him before a Magistrate and have justified it But now for the Credit of the thing you see none swears it but Mason himself but even he swears to that Impossibility so over-reaches the matter through the excess of his Passion in swearing that no one can believe him if he had sworn modestly as the rest did to two or three pushes it might have been Credited but to twenty blows no one can believe it neither doth any one of his own Witnesses swear like him or of so much as one blow given So there is not one word Mason saith can be Credited Then my Lord admit it be so yet you saw M. Bethel was not the Person that first began this Disturbance now if the other Party had been Indicted and Tryed as indeed it had been much more fit they should we could have proved much against them And as to the Fact and manner of what Mr. Bethel did it was no more than coming in a civil manner asking whether he had a right to Poll when he said no he took him civilly by the Arm and led him down and this is a Justifiable assault being the Nature of the thing required a necessity of somewhat of Action in it I appeal to you of the Jury whether here be any Cause for this Indictment or colour of Reason for you to find it Holt. Gentlemen of the Jury you have heard the Evidence on both sides and the question is Whether in your Consciences you can dis-believe Eight Witnesses that swear positively to the Battery and believe those Witnesses that did not see it if you acquit Mr. Bethel you must necessarily Convict Eight Persons of Perjury But if you do not find for Mr. Bethel the other Witnesses cannot be Convicted of Perjury for how can Men swear though they were there all the time that they did not see possibly they may be very honest Men and present at the time and yet not see Bethel strike and so not swear to it But our Witnesses swear very true I hope you will be guided by Sense and Conscience and not by Spectators humours and apprehensions that come here and hiss in

a Court of Justice Now Eight Witnesses swearing it I do appeal to the Court whether in matters of this Nature one Witness for the Affirmative be not more valid than many of the Negative They take notice of the impossibility and why because they swear as they say at an extravagant rate that Mr. Bethel gave him Twenty blows Gentlemen If Mr. Bethel will beat a Man extravagantly it is not extravagancie to swear it Now Mason's Evidence is confirmed by all the rest produced and no Contradiction If one swear to ten and another to two and another to three is this inconsistent No Gentlemen it is Evident those Men swear Cautiously and Fearfully for if otherwise they could Swear to as many as Twenty as Mason hath done Who is the best Judge he that felt the blows or they that Swear there was not one given He that felt them I am sure Gentlemen It was in a Crowd 't is possible they may not see all yet their Evidence is a concurring Circumstance Next I come to the point of Law how a Man that is a Candidate at an Election can beat any Man that stands in his way I do not understand that to be Law if any Man had beaten Mr. Bethel he might have beaten him again in his own Defence but there was no such thing Mr. Bethel saw no Disturbance himself but was informed of it and so became too Officious though he was Sheriff of London yet he was not an Officer there for he was not a Constable there and it was a Constables Office and he only could have seized him and not a Constable neither unless he had seen the Kings Peace broken And as to what Mr. Thompson saith that it is impossible that such an Election should be carried on without some bustle It 's true in a Crowd Men Justling one another and by accident strike another down it 's no Battery But is it necessary for Mr. Bethel to thump a a Man on the Breast Is it necessary for Mr. Bethel to beat a Man with his Cane Is it necessary for Mr. Bethel to give a Man Twenty blows Is it necessary for Mr. Bethel to pluck a Mans Coat off his Back Is it necessary to an Election It is not necessary and so being not necessary is not by Law Justifiable Gentlemen as Mr. Thompson saith it is a Case of Example I say so too and it is fit Persons that will do such things should be made an Example Justice Pyrs afterwards summed up the Evidence and told the Jury as Mr. Holt the Counsellor for the King had before well observed that they were to have regard to the Positive Affirmative Evidence Mason having sworn positively to several blows that were struck by Mr. Bethel and that Eight Witnesses had sworn in the Affirmative and that though there were Seven Witnesses produced by Mr. Bethel which were on the Negative part yet they were to observe that the Law did not allow of those Negative Evidences But for that so ma-many had Sworn in the Affirmative that they saw a thing done and as many Swear that they saw it not he could not tell what to say but to leave it to the Jury saying that one Affirmative was better than Forty Negative Oaths So the Jury went out and in a very short time were pleased to find the Indictment and brought Mr. Bethel in Guilty Then Mr. Bethel's Counsel moved in Arrest of Judgment for that no Indictment lay for the Words and the Court for that Reason stayed the Judgment as to that part of the Indictment and gave Judgment only as to the Assault and Battery and Fined Mr. Bethel Five Marks Upon which the Counsel for the King moved to have him taken into Custody until he paid the Fine which he presently paid and so was Discharged THE Crowd was so exceeding great that I could not take this Trial so exactly as otherwise I should have done but the Defects are only to the prejudice of Mr. Bethel POSTSCRIPT HAving as a Preface to this Trial shewn the occasion of the Indictment I shall here make some Observations upon the Prosecution of it And first As to Mason those that know him best think it as improbable his Estate considered that he should be at the Charge of three Counsel in this business as it is that a man of his bulk and temper should tamely receive Twenty blows with a stick without returning one or be pursued with blows in the presence of five hundred men at least without having it taken notice of by any one besides himself or especially that his Partner and Companion Sam. Sams who stood close by him should not see one blow given as he hath affirmed to one Mr. Farthing his Southwark Neighbour he did not adding that he would not forswear himself for all the world But the Plaintif was not thus alone more than ordinarily concerned for his Counsel were the same otherwise at the opening of the Cause they would not impertinently and from the matter have inferred Mr. Bethel's quarrelsome and rude intentions from the Company that came first into the Burrough with him whom they rendred to be none but debauched God Dammee's though when it was put upon them to declare who they were that swore at that rate they could not instance in any save one whom they described by his riding first as not daring to name him And were it true that such a person was in the Company it was as uncharitable a Synechdoche to condemn a considerable number of grave and sober Citizens who never were known to be guilty of Swearing or Cursing for the fault of one man as it was indecent in them to describe reproachfully a Person of great Quality because they durst not name him But to make amends for this in the Case of a fellow Commoner after a Fine of five Marks was laid upon Mr. Bethel the same Counsel moved to have him taken into Custody until he paid the Money insinuating thereby that otherwise he might run away and defraud the Baliff of his Fine Mr. Recorder not being at the Court he who in his absence gave Directions to the Jury told them That they had Mason's positive Oath that One Affirmative was better than Forty Negative Oaths and therefore they must either find Bethel Guilty or they would make Mason perjured Which passing for Law with the Jury they brought him in Guilty of the Assault and Batterie The Bench being now to set the Fine my Lord Mayor and Sir Thomas Allen considering the nature of the Action thought 3 s. 4 d. enough but the rest were for several higher Sums yet at last all centred in Five Marks And thus the whole matter is left to the Reader to make what Judgment and Conclusions he pleaseth upon it FINIS