AN ACCOUNT OF THE PROCEEDINGS AGAINST THE RIOTERS AT GUILD-HALL: ON Midsummer-Day, 1682. With the Judgment past upon them at the Court of Kings-Bench Westminster, on Tuesday the 26th of June, 1683.
WHereas an Information against the Lord Gray of Warke, Sir Thomas Player, Alderman Cornish, Thomas Pilkington, Samuel Shute, and Slingsby Bethel, Esquires; Mr. Jinkes, Mr. Jeakell, Mr. Goodenough, Mr. Freeman, Mr. Deagle, Mr. Wickham, Mr. Swinnocke, and Mr. Keys came to be Tryed in Easter Term last, at Guild-Hall, before the Lord Chief Justice Saunders for a Ryot, by them committed at the Election of Sheriffs on Midsummer day last, and the said Persons thereof found Guilty, That when it was expected Judgment should have been given against them on the last day of the said Term, part of the said Persons appearing by their Counsel moved in Arrest of Judgment entring severally into a Recognizance of 500 l. to appear the first day of this Term, at the Court of Kings-Bench, Westminster, which they doing accordingly, their Appearances were then Recorded. But the hearing what their Counsel had to offer by way of Exceptions, why Judgment should not pass upon them pursuant to the late Verdict, was put off till Fryday the 15th, and from thence to Tuesday the 19th, of this present June, on which day a Motion being made for the Judgment of the Court upon the said Persons, several things were urged by their Counsel, as Exceptions against the Verdict, relating to the Award of the Venire for return of the Jury to Try that Information: also one of their Counsel urged, That they having been lawfully Assembled could not commit a Ryot, or be Guilty of the Assault upon the Lord Mayor, &c. but that the Persons only that made such Assault were Guilty. Very much was said in their behalf, six Counsellors speaking for them one after another, after which the kings Counsel answered all those Objections and continued to pray Judgment, by having the Fines set upon them, &c.
The Court then delivered their Sense of what had been said, and were of Opinion, nothing urged by way of Exceptions had validity enough in it to hinder Judgment; particularly taking notice it was a new Argument, that maintained a Ryot could not be committed where persons were lawfully Assembled: It being ask'd by way of Answer, If many People were lawfully Assembled at Church for Religious Worship, and there rose in a Tumult and pull'd down the Church, or used other violence, Whether it would not be a Ryot, &c.
But one of the Judges being somewhat Indisposed; also the hearing of Affidavits, on both sides, like to be long, the Matter was further put off till Wednesday the 20th of June instant.
On which said 20th of June, there being hopes that one of the Judges, who was then sick, did recover and would in a few days be able to come to Westminster (there being only two Judges upon the Bench) and for some other Reasons, it was a fourth time put off to Munday the 25th of the same Moneth. But the said Judge not being so recovered as was hoped as also on the said 25th day one of the two Judges before mentioned being likewise very much indisposed in his health it was a fifth time put off, but ordered to be moved again the next day in hopes he might then be better.
Accordingly on Tuesday, the 26th of June, 1683. It was the last time moved and the Judgment of the Court prayed against them. Eleven of the said-Ryoters being present in Court, and only three, viz. The Lord Gray, Mr Keyes and Richard Goodenough wanting.
The six Counsellers at Law herein already mentioned severally using what arguments they could to Moderate and make easy the Fines. But the Kings Councel very easily answered all their Objections and appealed to them all to produce any one President that ever the Sheriffs of London, had the superiority of the Lord Mayor. That in Mr. Bethel's time when all these disorders took their beginning yet then Sir Robert Clayton, being Lord Mayor, reserved the power of adjourning the Common Hall as appeared at the Trial, &c.
In conclusion after much said on both sides and that the Court had severally given their opinions they proceeded to Judgment and Imposed upon the said persons the Fines following.
First, upon Mr. Pilkinton the Court were so favourable by reason of his present Imprisonment, &c. to Impose only five hundred Pounds (or five hundred Marks) upon Mr. Shute one thousand Marks, upon the Lord Gray one thousand Pounds (or a thousand Marks) upon Alderman Cornish one thousand Marks, upon Mr. Bethel, one thousand Marks, upon Sir Thomas Player five hundred Marks, upon Mr. Jinks three hundred Marks, upon Mr. Deagle four hundred Marks upon Richard Freeman three hundred Marks, upon Richard Goodenough five hundred Marks, upon Mr. Keyes one hundred Marks, upon Mr. Wickham, one hundred Marks, and upon Mr. Swinnock five hundred Marks. Several of them were Ordered also to stand committed until the said fines shall be paid.
It is Observable that before each of the said Persons were fin'd, such of them as were in Court, spoke also severally for themselves. Some by way of Excuse that that they did not stay longer at Guild Hall, but till they Poled, others, that they were not at the Hall the day when the Riot was Committed, some that they had but small Estates, and were not so Rich as the Kings Counsel affirmed, one of them th [...] he had spent much of his Estate in the Kings Service, &c. All which Particulars were likewise Considered by the Court.