THE TRYAL OF

  • Tho. Pilkington, Esq Sheriffs
  • Samuel Shute, Esq Sheriffs
  • Henry Cornish, Alderman.
  • Ford Lord Grey of Werk.
  • Sir Tho. Player, Knt. 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.

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,
[Page 2]

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 Kin [...] [...]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.
[Page 3]

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 in this Case, for that the very Title to the Office of Sheriff is here in Question, and therefore he is no person fit to return this Jury, my Lord. We desire your Lordships Opinion.

L. C. J.

Mr. Thomson, Methinks you have found out an invention, that the King should never have power to try it even so long as the World stands Say you Sheriff North is not a right Sheriff, Who should have been? Why say you Dubois and Papillon, or one, or both of them. Now the King he hath brought his Suit for a Riot—

Mr. Serj. Jefferies.

And an Assault and Battery upon Sir John Moor.

Mr. Thomson.

That is a Fiction.

L. C. J.

The King hath brought his Suit, and brought it to an Issue. Why now if so be this Challenge should have any thing in it, then the King must have challenged North, and what must he have done then? Why, for Papillon and Dubois, they are not Sheriffs in actu, then say you the Coroner. Pray Mr. Thomson, If so be the King had made the Venire either to Papillon or Dubois, or to the Coroner, Whether or no had not the Cause been found against the King, before one Word had been said actually for Him? You say the Question is, Whether he be a Sheriff or not? If the King had challen­ged him, and made the Venire to the Coroner, for God's sake, Had not that made an end of the Question?

Mr. Thomson,

No, my Lord, not at all.

L. C. J.

No? Then I understand nothing.

Mr. Thomson.

My Lord, If the Sheriff appear to be concerned, it doth not determine the Cause.

L. C. J.

But it does by your own Opening now. You say the Question is, for which you do now challenge the Array, because it is returned by Sir Dudley North, supposed to be one of the Sheriffs, and tell the whole Pro­cess, how that in truth it is a Question whether he be a Sheriff or not, and therefore say you, or you say nothing, that the Venire should not go to North.

Mr. Thomson.

No, my Lord, I pray, good my Lord—

L. C. J.

Should it not have gone to Dudley North, and then have been challenged for him?

Mr. Thomson.

No, I beseech your Lordship, we don't say so. My Lord, we say, That whereas they do charge in the Information, that there was an Assembly for the Election of Sheriffs, and that Sir John Moor being then Mayor, did lawfully, according to Law, adjourn this Assembly; and that [Page 4] afterwards the Defendents, Pilkington and Shute, did continue this Assem­bly, and took a Poll, and so they would make this a Riot in the continuance of it. My Lord, we do say this, That the Election of Mr. North upon this Point doth come in question; and, my Lord, we do say, That if that prove not a legal Adjournment, then Mr. North is not legally Chosen.

L. C. J.

Right, now you have told it in more words.

Mr. Thomson.

We say, If the Election be interested, they are all Parties by Law.

Mr. Serj. Jefferies.

Who would you have the Process go to?

Mr. Thomson.

To the Coroner.

L. C. J.

Very well upon my word. If he were Sheriff, it cannot go to the Coroner you know, and therefore if he were challenged, to go to the Coroner

Mr. Thomson.

Sub judice lis est, my Lord.

Mr. Serj. Jefferies.

We desire for the King, that the Challenge may be over-ruled.

L. C. J.

Ay, ay.

Mr. Serj. Jefferies.

I desire the Jury may be sworn.

Mr. Williams.

Certainly if they be impannelled by persons that are not Sheriffs, that is a good Challenge, that is admitted by every body; now we have made a Challenge, and that is a good cause of Challenge certain­ly if that were the cause. But now, my Lord, I must confess what your Lordship says, it is a difficult matter to challenge any Array, because they are arrayed by a person that hath an interest, or some such thing, that is a Challenge of the Array, but that is not the matter in this case. It cannot be denied, If these persons were not Sheriffs of London, that that is a good Cause. I take the Result of the Challenge to be this: Say we, The prin­cipal question of this Information, the Riot, will depend upon this Questi­on, Whether there were a regular Adjournment or not? There, say we, begins the question of the Riot. If so be that my Lord Mayor of London that was, had power to adjourn the Court, and it be admitted a regular Ad­journment, certainly the Riot would follow, and what follows then? Then comes on a Question, and it is immediately consequent upon it, that these Gentlemen be actual Sheriffs of London, they being actually chosen upon this Adjournment, they are actually Sheriffs: But if really my Lord Mayor had no power to adjourn, and that power was in the Sheriffs, that they were actually taking the Poll, and the Poll was for Mr. Dubois and Mr. Pa­pillon. Then the Question is, If so be the Adjournment by my Lord Mayor were not a good Adjournment, then the Poll was a regular Poll taken by the Sheriffs, then consequently those that were elected upon that were tru­ly chosen, and then it is a right Challenge. These Gentlemen, I must con­fess, they are Sheriffs de facto, but we know very well there may be Sheriffs de facto, and there may be other Sheriffs de jure, these things are very con­sistent. If so be that Mr. Papillon and Dubois be duly elected, they are She­riffs de jure, but they want the Formality, for they are not sworn, and can­not return a Jury. On the other side, the Sheriffs are Sheriffs de facto, but not legally chosen, and the Riot will depend upon that Question, of the other persons that are Sheriffs de facto, and not de jure. This we suggest in this, Whether your Lordship will receive this Challenge, or whether your Lordship will proceed first to the tryal of the Cause, and let this follow. My Lord, might not there have beeen something in this case upon the Roll at Westminster, might there not have been a surmise to this purpose, be­cause [Page 5] there is such a question upon the Roll; for it appears that the Com­mon Hall was for the Election of Sheriffs, and that it was adjourn'd by the Mayor: And what followed? Might there not be such a surmise, that the Venire facias should not go to the Sheriffs, but to the Coroner? Might there not have been such a thing?

L.C.J.

My speech is but bad, let me know what objection is made, and if I can but retain it in my memory, I don't question but to give you satisfaction. If the King had brought an Information against Mr. Sheriff North, and charged him with a crime, there is no manner of question that the King should have challenged as he was a Sheriff, and sent the Venire to the Co­roner, or other Officer; here he is not accused, nor to be acquitted of any crime. Gentlemen, I put you upon this, if so be the Sheriff of London should get a great deal of money (but I never understood that he got by it) if you prove that he hath got any considerable matter by the Office, it would be something in the case, that he should be greedy of the Office. But look ye, on the other side, if there be nothing in it one way or another, that there is profit accruing to him by the Office, what can the Law say? But here was the question between, indeed and in truth as you do open it, be­tween the Mayor, Sir John Moor I think, and the Sheriffs that then were, that was the question between them. Now what is this in point of Law, that the Sheriffs must be challenged? They must be challenged, because it is return'd by these Sheriffs: You can't, say the Sheriffs do favour—the King.

Mr. Sol. Gen.

My Lord, We trouble your Lordship about a Question very unnecessary: The Sheriff is not concerned in this Question, neither can the Consequences affect the Sheriff any way.

Sir Fr. Win.

My Lord, If I don't shew that he is concerned, notwithstand­ing what Mr. Solicitor says, it is another matter. If this had been upon a common Riot, and not related to the Election of Sheriffs, it would have been harder against us. I only offer a word or two, and submit to your Lord­ship. This Information doth take notice of the Election of Sheriffs, and of an irregularity in disturbing the late Lord Mayor about adjourning the Poll; I do believe my Lord, it will not be denied but that in this Cause a Rriot or no Riot will depend upon the Poll, or the Mayors adjourning. If that be so, that which your Lordship is pleased to urge, That the Sheriff gets nothing, yet that he hath assumed the Office de facto, appears by the Return, that is very plain, my Lord, he hath assumed it, and did exercise it. If it appear to be legal or illegal upon the Adjournment by the Mayor, then it must have one of these two Consequences, my Lord, I humbly con­ceive, till the Shrievalty had been agreed, it would have done very well for Mr. Attorney to let this Riot alone, unless he would have made it a common Riot; if he would have been pleased to stay till the Law had de­termin'd who had been the right Sheriffs, then Process would have gone for the King. And my Lord, there is another thing under favour, if Mr. Attorney had been pleased to prosecute for the King; then surely, my Lord, there was a way to lay it so that the Process should be returned by persons uninterested, and not by the Sheriff whose Election is in contro­versie: I don't argue out of the Record, but by the Record it self. If in case it doth appear still to be under consideration; if that be so, I do hum­bly conceive, because that right of Election of Sheriffs is undetermined, that therefore he might have made the Process to the Coroner, if he would have made it before, but it should not be heard before the Election of the [Page 6] Sheriffs, because it will be a Riot, or not a Riot upon that.

L. C. J.

Good now, Sir Francis, you mistake, it could not be to the Coroner.

Mr. Sol. Gen.

My Lord, It is but wearying your Lordship to no pur­pose.

Mr. Wallop.

If he be not Sheriff, that Title of his depending upon my Lord Mayors Adjournment, which is reasonably set forth, it is concerned in the consequence of the Cause.

Mr. Attorn. Gen.

If you please, my Lord, I will answer what hath been said. Mr. Thomson did first urge according to the Rules of Law, if the mat­ter that appears upon the Record to be the thing in question; that if the Sheriff be interested in that matter, that that is a good cause of Challenge, that is a good Rule, and the Law is so; but that is nothing to this pur­pose, my Lord, here upon the Record there is nothing in question but a Fine for the King, nothing to be recovered: Where Lands are in question, as in an Ejectment, if the Sheriff be interested in that Land, in that case that is a good Challenge; but here appears nothing by the Record, here is nothing in question but a Fine for the King; so that certainly that Case in point of Law, is nothing to the purpose. Then they say, it appears in the Record by Recital, and in the Information, for that is the substance of all they say: It doth appear there, as it is said, that the Mayor did adjourn the Court, and so the question of the Riot will very much stand upon the validity of that adjournment. But it doth not wholly stand upon that, for there are many outragious actions, assaults of the Mayor, throwing off his hat, great clamors, thrusting and pressing many of the Aldermen; nay, bruising them, so that this Riot, notwithstanding the Adjournment, be that as it will, will ap­pear in the upshot of the Cause, to be a Riot notwithstanding that question. But in the second place, the question of Mr. North's being a Sheriff or not a Sheriff, no ways depends upon this Adjournment, no pretence of the Title depends upon that, so my Lord, they have suggested a thing that is forreign to the Record; it depends purely that upon a Custom of the City for my Lord Mayor to elect, not upon the power of my Lord Mayor's Adjournment; for after that they proceeded on with the former choice of Mr. Papillion and Mr. Dubois; so that whether that Adjournment be a good Adjournment, or no good Adjournment, his Title will depend upon that, whether at the second meeting or no Mr. Papillion and the other Gentleman be well chosen, and Mr. North not well chosen, so that his Title doth not depend upon this Question one way or other. But, my Lord, that which makes this as frivolous a thing as ever was urged in a Court of Law, my Lord, that it should have been upon Rule before any Direction to the Sheriff or Coroner, if they would have had Process; they have sug­gested matter of Fact wholly out of the Record, matters have been sug­gested that it might have been tryed before it came to Direction; now there appears nothing in the Record to bring a Challenge to try the Matter; nay, as they themselves say, it is to try the Merits of the whole Informa­tion, that the Information depends upon that Question, Whether the Mayor may adjourn. It is a great Usurpation upon the Government of this City, as they have done in other things to the King. My Lord Mayor is the Supreme Magistrate here, and the Sheriffs have nothing to do in this Point, and therefore I pray it may be over-ruled, and that the Jury may be sworn.

Mr. Thomson,
[Page 7]

We would have, my Lord, the benefit of a Bill of Ex­ceptions.

Mr. Serj. Jefferies,

Swear the Jury, swear the Jury.

Mr. Thomson,

I have another Challenge.

L. C. J.

I tell you plainly I see nothing in it for a Bill of Exceptions.

Mr. Thomson,

We desire we may have the benefit of a Bill of Exceptions. My Lord, if this be the Case of trying a Riot, we must take what advan­tage we can in point of Law.

Mr. Serj. Jefferies,

We come to counsel the King as we ought to do by Law.

Mr. Thomson,

My Lord, I challenge on the behalf of my Lord Gray this Jury.

Challenge read.
Seignior Gray.
Mr. Attorn. Gen.

They call that a Newgate Challenge.

Mr. Wallop,

That was a Challenge taken at the Old Baily.

Mr. Thomson,

And over-ruled.

Mr. Serj. Jefferies,

And I pray it may be so here.

L. C. J.

I think your Challenge is that they are not Sheriffs?

Mr. Thomson,

My Lord, is the Fact true or false? I desire of these Gen­tlemen if it be insufficient in point of Law, let them demur.

Mr. Serj. Jefferies,

Pray tell me Robinhood upon Greendale stood; and therefore you must not demur to it.

Mr. Thomson,

If the Challenge be not good, there must be a defect in it either in point of Law, or in point of Fact. I desire on the behalf of my Lord Gray, this Challenge may be allowed.

Mr. Serj. Jefferies,

And I pray for the King, that it may be over-ruled.

L. C. J.

I think you have owned them to be Sheriffs already.

Mr. Serj. Jefferies,

My Lord Gray did own it in his Challenge, because there were no Knights.

L. C. J.

We try a great many Nisi prius here sometimes, two or three days after the Term, every Defendant that thinks it goes hard with him, we must have a Tryal still, whether the Sheriffs be Sheriffs, or no? This that you have done now, may be done in every Cause that we may be try­ing. Upon your Evidence if you can prove them none you go a great way.

Mr. Thomson,

My Lord, We desire the Challenge may be allowed, or otherwise a Bill of Exceptions. My Lord, we pray a Bill of Exceptions.

Mr. Serj. Jeoffries,

This Discourse is only for discourse sake; I pray the Jury may be sworn.

L. C. J.

Ay, ay, swear the Jury.

Sir Benjamine Newland, &c. sworn,
Mr. Thomson,

We challenge Mr. Fensil, he hath given Evidence in this Cause at the Council-Table.

L. C. J.

What then?

Mr. Attorn. Gen.

My Lord, They shall have all fair.

L. C. J.

Mr. Attorney says he won't stand upon it.

Mr. Thomson,

My Lord, we pray a Bill of exceptions.

L. C. J.
[Page 8]

I think many would not have offer'd it besides you. Shall I go and sign a Bill of Exceptions, to let all the World know this is so, and so all the World must try whether they be Sheriffs of London.

Mr. Thomson,

My Lord, don't say so, for I think all the Councel in the Court would.

L. C. J.

If it doth fall out that in truth they don't happen to be She­riffs, surely you shall have all the advantage that can be for you; but pray don't think that I will put off a Tryal upon every suggestion that the Sheriffs are not Sheriffs. You shall have all that is Law by the Grace of God, and I am not afraid that you or any man should say, I don't do justice: I am not bound to gratifie every man's humour, I am to do according to my Conscience, and the best of my knowledge, and according to my Oath, and I will do that and gratifie no man.

The Jury.
  • Sir Benjamine Newland
  • Sir John Matthews
  • Sir John Buckworth
  • Sir Thomas Griffith
  • Sir Edmund Wiseman
  • Percival Gilburne.
  • Henry Wagstaff
  • Barthol. Feriman.
  • Thomas Blackmore.
  • Samuel Newton
  • William Watton
  • George Villars.
Cryer.

O yes, O yes, O yes, If any man can Inform my Lord the King's Ju­stice, the King's Serjeant, or the King's Attorney, or this Inquest now to be taken, &c.

Mr. Dolbin,

May it please your Lordship, and you Gentlemen of the Jury, This is an Information brought by the King against Thomas Pil­kington.

Gentlemen, the Information sets forth, That upon the 24th of June last in Guildhall, there was a Common Hall summon'd by Sir John Moor Knight, and thereupon held for the Election of Sheriffs for the Year then ensuing the Feast of St. Michael: And that on the same 24th of June, Sir John Moor then Mayor adjourn'd the Court till the Tuesday following by Proclamation. That after the said Adjournment, my Lord Mayor made Proclamation for all Persons to depart; and that the Defendants intending to disturb the Peace of the King after the Adjournment aforesaid, did unlawfully, with many Persons unknown, meet to­gether, and Riotously assault the Lord Mayor. And after the Adjournment by Proclamation, two of the Defendants, Pilkington and Shute, by colour of [Page 9] their Office as Sheriffs of this City, and the rest of the Defendants did conti­nue the Poll, and unlawfully affirm to the People, That Sir John Moor had no Power to Adjourn them. And that they continued this great Tumult three hours, to the Terror of the King's Subjects, and the evil Example of others, and against the Peace of our Soveraign Lord the King. To this the Defendants have pleaded Not Guilty, &c.

Mr. Att. Gen.

This Information, my Lord, is brought for setling the Peace in this City, and to shew before you all who is the Supream Magistrate un­der the King in this City: For that, Gentlemen, you see, is grown a great Question, Whether my Lord Mayor is not only in the Hall, but in his Chair the Supream Magistrate.

Gentlemen, I must acquaint you, That my Lord Mayor in all times, even before the City had the Election of him, was the King's Lieutenant, and the Supream Magistrate in the City, and no Publick Assemblies could ever meet together without his Summons, he was the great and chief Directer, and this I believe in all your Observations that are of the Jury. I can make it evident, That this hath been the constant frame of this Government in the City: For the Sheriffs, Gentlemen, they are no Corporation Officers, they are County Officers, as in all the Counties of England, and they are the King's Officers for the execution of the King's Writs, and the Preserva­tion of the King's Peace; but the Government of the Corporation is in the Mayor, and not in the Sheriffs. Gentlemen, The Question now arising here, is about the Election of Sheriffs; it's true, there was very disorderly Tumultuous Proceedings; my Lord Mayor he comes and doth appoint an­other day for them, and discharges them at that time. We will make appear to you, that it was always his Right in all times, both to Summon a Common Hall, and dissipate it, and appoint them another day, or to Dissolve them, as the Mayor did see cause. The Mayor having according to the ancient manner Adjourned this Court, the Sheriffs they proceed, do not only refuse to obey, but they proceed, and make Proclamation, That it is not in the Power of the Mayor, taking upon them that which never any Sheriffs did in any time, they make Proclamation contrary to what the Mayor had done, and continue the Poll, and proceed and Proclaim the Mayor had usurped that power which was theirs, though afterwards they transferr'd the Supream Power to the Livery-men: But I think no age will suffer 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 [Page 10] 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 [Page 11] 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 [Page 12] 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.
[Page 13]

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.
[Page 14]

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 [Page 15] 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.
[Page 16]

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.
[Page 17]

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 dis [...]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.
[Page 18]

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 k [...]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 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.
[Page 19]

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,
[Page 20]

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. Sword-Bearer,

Truly I know no such thing.

Mr. Thomson.

Mr. Sword-Bearer, I would ask you one Question; If in case the Common Serjeant, or the Common Cryer, or any other Offi­cers do put a Question that the Commons would not have put, who or­ders them to put the right Question?

Mr. Sword-Bearer,
[Page 21]

I can't say any thing to that.

Mr. Att. Gen.

After the Common Serjeant comes up and reports what is done, then what doth my Lord Mayor do?

Mr. Sword-Bearer,

My Lord Mayor and the Aldermen go down to the Hustings, and it is declared by the Recorder, or the Common Serjeant, by the order of my Lord Mayor. —I think my Lord Mayor went once down to give them some satisfaction upon a dispute.

Sir Fr. Winnington.

Mr. Man, during the Election did you ever hear them Adjourn'd before it was over?

Mr. Sword-Bearer,

No, Sir, nor never heard any occasion for it.

Mr. Williams,

The Common Serjeant affirms himself to be a Servant to the Commons, and not to the Lord Mayor and Aldermen; have you known a Common Serjeant say, he was a Servant to the Commons, and not to the Lord Mayor and Aldermen?

Mr. Sword-Bearer,

I never was in a Common Hall upon any such dis­pute, I am with my Lord Mayor.

Mr. Serj. Jefferies,

I have known a Recorder reprehended by a very learned Lawyer, for saying, My Masters the Aldermen.

Sir Fr. Winnington,

I ask you who hath the management of the Common Hall in the absence of the Mayor?

Mr. Sword-Bearer,

I am always here waiting upon my Lord Mayor.

Mr. Serj. Jefferies,

My Lord, if your Lordship please, we will rest here as to point of Right: Now, my Lord in the next place we will come to that which is a more immediate Question before you, and we will prove the manner of it, and the persons that are guilty; for that is the next step we are to go. — Mr. Bancroft.

Mr. Williams,

My Lord, they have laid in the Information, That the Sheriffs are duly Elected for one year next following, from the Eve of St. Michael; now prove your Election to be for that year you have laid in your Information.

Mr. Thomson,

My Lord, they have certainly in Fact mistaken their Information. My Lord, They do declare that the Common Hall was held, according to Custom, For the Election of Sheriffs, to hold that Office from the Eve of St. Michael, for the year next ensuing: Now, my Lord, that is not so in Fact, nor never was, for the Election is for a year to commence on Michaelmas Day. They take on the Eve the Office upon them, but they do absolutely exercise the Office for a Year from that time, from the Eve. Now, my Lord, we say, that Day is excluded; we are sure it is a Common Case, it is known very well; as in a Lease, the Habendum from any Date, the Day of the Date is no part of that Lease, it is exclusive and no part of the Term, and there­fore, my Lord, if they do not prove it as they have laid it, we hope they will be non-suited.

Mr. Sol. Gen.

That is another piece of Law.

Mr. Holt,

The Eve of Michaelmas Day, we make this Objection, and put you to prove it.

Mr. Serj. Jefferies,

Give us leave to go on: Gentlemen, let us prove what we think fit, and if we have not made it out, then make your Ex­ceptions.

Mr. Holt,
[Page 22]

Mr. Serjeant, I think it is proper to put it now, for if there be no such Election, there can be no such Riot; for they have made it a Riot in a special manner.

Mr. Serj. Jefferies,

Mr. Holt, under your favour, it is not a time for it now.

Mr. Att. General,

This is the oddest way these Gentlemen take upon them so: I will not prove it; and pray be quiet till I come to my time.

Sir F. Winnington,

Pray, Mr. Attorney, if we have an Objection to make, if the Court pleases we may be heard.

Mr. Serj. Jefferies,

Certainly it was never known, that when Mr. At­torney exhibited an Information, to tell us how to prove it. Surely, Gentlemen, you will give us leave to go on with our Proof, won't yee?

Mr. Molloy.

Mr. Bancroft, How long have you been a Servant of the City? By whose Order was the Hall summoned?

Mr. Bancroft,

By my Lord Mayor's.

Mr. [...]

Who hath Dissolved them?

Mr. Bancroft,

My Lord Mayor.

Mr. [...]

Did you ever know the Sheriffs give any Order for the dissolving of it?

Mr. Bancroft,

No.

Mr. Thomson,

Did you ever know it dissolved before the business was done for which they were call'd? Did my Lord Mayor in your time ei­ther dissolve them, or send them going, till the Election was over?

Mr. Bancroft,

I can say nothing to that.

Att. Gen.

Mr. Bancroft, I would ask you this, Sir, Did the Sheriffs ever continue the Hall after my Lord Mayor had dissolved it?

Mr. Bancroft,

No, I never knew that in my life.

Sir Fran. Winnington,

Mr. Bancroft, I would ask you a Question, I don't ask you who calls them, or bids them go home, during the time of the Election, did my Lord Mayor ever meddle?

Mr. Bancroft,

My Lord Mayor withdraws.

Sir F. Winnington,

Who are those among the Commons that ma­nage the business when my Lord Mayor withdraws.

Mr. Bancroft,

The Sheriffs, and the Common Serjeant, and the Com­mon Cryer.

Sir F. Winnington,

Who manages the Election? Who declares the Election? Who declares who is chosen?

Mr. Banc.

When the Election is made below, then the Sheriffs come up, and the Common Serjeant, and the Common Cryer along with them, and acquaint my Lord Mayor, and he goes down, and there doth con­firm the Election, and withal, when the work is done he dissolves the Court.

Mr. Williams,

Did you ever know a Poll for Sheriffs?

Mr. Thomson,

Do you take the Common Serjeant to be an Officer of the Commons of London, or an Officer of my Lord Mayor's?

Mr. Bancroft,

I cannot be certain what he is.

Mr. Thomson,

If in case the Common Serjeant differ from them in de­claring the Poll, is it not usual for the Common Hall to order him to put it up again?

Mr. Serj. Jefferies,
[Page 23]

Who does make a Judgment of the Election, the Common Serjeant, or the Sheriffs?

Mr. Bancroft,

The Sheriffs.

Mr. Serjeant Jefferies,

Do not the Common Serjeant make Observation as well as the Sheriffs?

Mr. Bancroft,

The Sheriffs give their Opinions in it.

Mr. Serj. Jefferies,

Now, my Lord, if your Lordship please, if they had done, we would desire to go on to our Fact, for otherwise for ought I perceive, we shall be in here till this time to morrow, and they say, we must not adjourn till the Cause is over. — Mr. Common Cryer; heark you, Mr. Common Cryer, Were you present at Midsummer Day when this business happened? Give my Lord and the Jury an account of the carriage then.

Mr. Com. Cryer,

I was there at the beginning of the Election, I did make Proclamation, afterwards there was a Poll demanded, and the Poll was begun, and I went home with my Lord Mayor, afterwards my Lord Mayor came back again, and there was a Hubburb; but about 5 or 6 a Clock, my Lord Mayor came down upon the Hustings, and I adjourn'd the Court till another day; I did Adjourn it by his order, according as I used to do, and then I went away with my Lord Mayor.

Mr. Att. Gen.

But what usage had you in going out?

Mr. Common Cryer,

I went before my Lord Mayor, I was not with him.

Mr. Williams,

Where was the Adjournment?

Mr. Com. Cryer,

Upon the Hustings.

Mr. Williams,

Were the Sheriffs Polling the People then?

Mr. Com. Cryer,

I don't know that, Sir.

Mr. Williams,

Were the Sheriffs near the Hustings?

Mr. Com. Cryer,

I don't know, I saw them not.

Sir Fr. Winnington,

Upon the Election of them, when my Lord Mayor came to Adjourn the Court; were the Sheriffs acquainted with it: Where were the Sheriffs?

Mr. Com. Cryer,

My Lord Mayor sent to them.

Mr. Serj. Jefferies,

Mr. Weston, Pray will you tell my Lord and the Ju­ry, what Directions you had from my Lord Mayor, and how he was used when he came out of the Hall?

Mr. Weston,

My Lord Mayor sent me, my Lord, to the Sheriffs under the Lumbard-house twice to come up to the Council-Chamber, and they told me: One told me, he was upon the King's Business; and the other said, he could not come; and about half an hour after, my Lord, She­riff Pilkington came up to my Lord Mayor into the Council-Chamber, and then immediately came down to the Court of Hustings, and Mr. Common Cryer by my Lord Mayor's order, did Adjourn the Court from Saturday till Tuesday following, and as we were coming out of the Hall, when Mr. Common Cryer had Adjourn'd the Court, and said, God save the King, a great part of the Hall hiss'd; and but that there were so many honest Gentlemen about my Lord, I was afraid my Lord would have come to some mischief; but coming to go into the Porch-yard, I saw his Hat off, and I went to catch his Hat, and caught one of his Of­ficers by the head, that was knocked down, or fell down, that held up [Page 24] his Train. My Lord, the Sword was at that distance, farther then it is between your Honour, and where I stand, and crouded far away, and when my Lord came out into the Yard; Gentlemen, says he, I desire you would go home to your Lodgings, and commanded them in the King's Name to depart: and says he to me, Pray go you back, and let the Sheriffs know, and tell them I have Adjourn'd the Court to Tues­day. Upon my Lord's Command I went back to let the Sheriffs know that my Lord had Adjourned the Court till Tuesday.

Mr. Serjeant Jefferies,

Both of them, both Shute and Pilkington?

Mr. Weston,

No, Shute, t'other was by.

Mr. Serj. Jefferies,

It was in his hearing, was it not?

Mr. Weston,

It was in his hearing.

Mr. Serj. Jefferies,

Did you see my Lord Mayor down, and his Hat off?

Mr. Weston,

I saw his Hat off, Sir George, but I can't tell how it came off.

Mr. Williams,

You say, you saw my Lord's Hat off, can you tell whe­ther my Lord was so courteous to take his Hat off or no?

Mr. Weston,

I dare say, my Lord did not.

Mr. Williams,

Did he, or no? I ask you upon your Oath.

Mr. Weston,

I can't tell that, Sir.

L. C. J.

I can't think that those Gentlemen were so extraordinary civil to my Lord Mayor, that when the Common Cryer made Proclamation, God save the King, that there should be hissing; those that hissed were not extraordinary civil to my Lord Mayor, and I believe you don't think so neither.

Mr. Williams,

I ask you a Question, My Lord Mayor's Hat was off—

L. C. J.

Ay, and it must be supposed it was to Complement those fine men that hiss'd at God save the King.

Mr. Serj. Jefferies,

My Lord, if your Lordship pleases, I would desire to know what account any of them can give of the opinion they had of the King, to be sure they had a great opinion of his Representative: But my Lord Mayor I find was so extraordinary civil, that to this Rabble he must not only pull off his Hat, but fling his Hat on the ground to them.

Mr. Thomson,

I ask you whether you know that any of the Defendants in this Information did throw my Lord Mayor's Hat off, or no?

Mr. Weston,

I can't say that.

Mr. Serj. Jefferies,

It is not a farthing matter.

Sir F. Winnington,

Here is a mighty Riot upon the Hat.

Mr. Weston,

Now I desired them to keep back; my Lord Mayor's Friends did press back as much as they could to preserve my Lord Mayor; they prest more forward, as the other kept back, and I desired them to forbear; nay, commanded them in the King's Name, and upon their Peril and took my Cane to strike at some of them.

Mr. Williams,

Did you?

Mr. Serj. Jefferies,

He served them well enough.

L. C. J.

He did so. Do you think a Magistrate is to be crouded and prest upon?

Mr. Weston,

I struck at them, and said, Gentlemen, keep back, and entreated them and commanded them, and all would not do.

Mr. Serj. Jefferies,
[Page 25]

I would only say this, Mr. Com. Serjeant; What did you hear when Proclamation was made to depart?

Mr. Com. Serj.

My Lord, I was not in the Hall when Proclamation was made, but I heard them cry out, No God bless the King; and I heard them cry out, Down with the Sword; No Lord Mayor, no King.

Mr. Williams,

Can you name any Person that said this?

Mr. Com. Serj.

My Lord, I laid hold on one man that cryed, No God save the King; No Lord Mayor; and the Rabble got him from me, one that I heard say so.

Mr. Williams,

Mr. Common Serjeant, you say, you heard this; can you name any person?

Mr. Com. Serj.

I tell you I caught hold of him, and the Rabble got him from me.

Mr. Williams,

Can you name any one?

Mr. Com. Serj.

I tell you I cannot.

Mr. Serj. Jefferies,

My Lord, I hope that will not much prevail in this place, but I hope it doth justifie my Lord Mayor, for endeavouring to disperse the Rabble that came together to that height when the King was prayed for, to cry out, No King, No Lord Mayor. And we don't give this in Evidence against any one person, for it was done in a tumultuous man­ner; but they were so fond of this man, as that they rescued him from him; and to fix it upon them, we will prove they were every one of them concerned in the Riot.—Mr. Craddock, What account can you give of this matter?

Mr. Craddock,

I was standing at the place where they Poll'd, and my Lord Mayor was coming towards it to protest against their manner of pro­ceeding; and Sheriff Bethel came to me, and said, Resist him, (I think) he hath nothing to do here.

Mr. Serj. Jefferies,

That was Bethel, Slingsby Bethel.

Mr. Craddock,

It was either, oppose, or resist him.

Mr. Sol. Gen.

He says, he thinks he said, Resist him; but he is sure 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,
[Page 26]

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.
[Page 27]

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,
[Page 28]

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,
[Page 27]

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 the Court.

Mr. Fletcher.

On the 24th 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. [Page 28] 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 *The same-place which before was called the Orphan's Court. 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.
[Page 29]

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.
[Page 30]

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, [Page 31] 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 and Mr. Jenks, what did you see them do?

Sir Fr. Winnington.

Heark you, Friend, where was it you saw them?

Mr. Denham.

In the Yard.

Sir Fr. Winnington.

What did you see them do?

Mr. Denham.

Nothing at all.

Mr. Serj. Jefferies.

How many People might be there then? two or three hundred?

Mr. Denham.

Above a Thousand.

Mr. Williams.

What did you hear Sir Thomas Player say?

Mr. Denham.

Nothing.

Mr. Williams.

How far was he from his own Door?

Mr. Denham.

On t'other side the Hall.

Mr. Williams.

A mighty way indeed, a mighty thing. What said Mr: Jenks?

Mr. Denham.

I can't say, Sir, that I heard him speak a word, only in the Tumult.

Sir Fr. Winnington.

Friend, I ask you this, I think I heard you say you saw Sir Thomas Player and Mr. Jenks in the Yard; but you did not see them do any thing at all?

Mr. Denham.

No.

Mr. Serj. Jefferies.
[Page 32]

Pray Mr. Farrington will you tell my Lord and the Jury what you saw after my Lord Mayor had adjourned the Court.

Mr. Farrington.

I saw there Sheriff Pilkington, Shute, Sir Thomas Player, Mr. Wickham the Scrivener in Loathbury, Mr. Jenks, Babington, one Jen­nings an Upholsterer.

L. C. J.

Sir Thomas Player you say in the first place?

Mr. Farrington.

Yes, and Wickham, my Lord, a Scrivener in Loathbury.

L. C. J.

Who then?

Mr. Farrington.

Sheriff Pilkington and Shute, and Mr. Cornish, Alderman Cornish.

Mr. Serj. Jefferies.

Did you see one Deagle there?

Mr. Farrington.

No, Sir.

Mr. Serj. Jefferies.

Wickham you saw there?

Mr. Farrington.

Ay, Sir, I know him very well.

Mr. Thomson.

What is Wickham's Christian Name?

Mr. Serj. Jefferies.

John Wickham, he goes by that name, it may be he was not Christ'ned. Was Jenks there, do you know him?

Mr. Farrington.

The Linnen-Draper?

Mr. Serj. Jefferies.

Ay, very well, he goes by the name of Francis Jenks. Did you see Jekyl there?

Mr. Farrington.

I don't know the name, I saw a great many I knew by sight, but not their names.

Mr. Holt.

What did these Gentlemen do?

Mr. Farrington.

I'le tell you, Sir, there was Sheriff Pilkington and Sheriff Shute, I went in where they were taking the Poll; said I, Gentlemen, my Lord Mayor hath adjourned the Court, what do you do here? I suppose it lies in my Lord Mayor's power; if it lies in him to call, certainly he must dissolve.

Mr. Williams.

You argued thus?

Mr. Serj. Jefferies.

Pray give us leave to go on.

Mr. Farrington.

There was Mr. Wickham, and saies he, My Lord Mayor hath nothing to do here, neither will we be ruled by any of your Tory Lord Mayors. This is not the first aspersion, said I, that you have cast upon a Gen­tleman that loves the Church and the Government established by Law; and they fell about me, and had it not been for Mr. Fletcher and Mr. Hill, I be­lieve they had done me a mischief; for they trod upon my Toes; who did it I can't tell.

Mr. Serj. Jefferies.

But you say Sir Thomas Player and Pilkington and Alderman Cornish were amongst them.

Mr. Farrington.

Yes, Sir.

Mr. Serj. Jefferies.

That's enough.—Pray Mr. Cartwright, will you tell my Lord and the Jury what you observed there, and who was there.

Mr. Cartwright.

I know the names of no persons that were there, all that I can say was this. As soon as my Lord Mayor adjourned the Court upon the Hustings, he came down, and going out of the Hall, he had like to have been thrown down, had it not been for Mr. Shaw; and going to save my Lord Mayor, I wrenched my back, and I spit blood for seven daies after.

Mr. Serj. Jefferies.

Tell that Mr. Cartwright over again.

Mr. Cartwright.

My back was wrenched in saving my Lord Mayor, and I spit Blood 7 days after.

Mr. Serj. Jefferies.

Endeavouring to save my Lord Mayor his back was so wrenched that he spit blood 6 or 7 days after. Heark you Mr. Cart­wright [Page 33] ever since that time, have you found any indisposition?

Mr. Cartwright.

I have not been my own man since.

Mr. Williams.

He took a Surfeit.

Mr. Serj. Jefferies.

He took a Surfeit of ill Company I am sure.

Mr. Sol. Gen.

Mr. Shaw, give my Lord and the Jury an account of what you know.

Mr. Shaw.

My Lord, my Lord Mayor sent to the Sheriffs, and ordered them to forbear Polling and come up to the Chamber, and sent 2 or 3 times; but they denied coming to him, and went on and ordered the Com­mon Cryer to make Proclamation for them to depart; and if they stayed that he would look upon them as Rioters; and there was hissing and a great deal of crowd, and there was Sir James Edwards in the Court, they hunched him with their Elbows, and as his Lordship came down going down the Steps there was such a croud, that if I had not catched his Lordship in my arms he had fallen upon his forehead, and his hat was off.

L. C. J.

Who did you see so misbehave themselves?

Mr. Shaw.

My Lord, I can't tell.

Mr. Serj. Jefferies.

I think we have now proved it against every body we design, save only against Mr. Deagle, for we do not now proceed against Dorman Newman and Benjamin Alsop. Now, my Lord, we will only prove against John Deagle, and then we shall have done. Mr. Kemp will you tell my Lord and the Jury who you saw here. Did you observe any particulars after the Court was adjourned?

Mr. Kemp.

I don't remember I observed any one man.

Mr. Serj. Jefferies.

You don't? Had you any discourse with Mr. Dea­gle at any time?

Mr. Kemp,

Yes, I had.

Mr. Serj. Jefferies.

What did he tell you?

Mr. Kemp.

He did confess he was there about 7 a clock at Night.

Mr. Serj. Jefferies.

He did own he was amongst them?

Mr. Kemp.

Yes, with Alderman Cornish.

Mr. Serj. Jefferies.

What say you, Mr. Rigby?

Mr. Rigby.

I saw him about 7 aclock.

Mr. Serj. Jefferies.

Was he in the crowd?

Mr. Rigby.

Yes, amongst the People.

Mr. Serj. Jefferies.

Here is all now, Gentlemen, but Dorman Newman, and Benjamin Alsop, and we don't go against them now. After they had done this, and hist at the King, and cried, No King, no Lord Mayor, what acclamations went these People off with?

Mr. Hammond.

When the Court was broke up by the Sheriffs, they cryed, God save our true Protestant Sheriffs, and in that manner they followed us.

Mr. Serj. Jefferies.

What say you?

Mr. Hammond.

They hollowed us home, Sir, as far as fishmonger's Hall.

Mr. Serj. Jefferies.

They began with a hiss, and ended with a hollow.

Mr. Williams.

Gentlemen, I am Councel for the Defendants, and my Lord, the question is under favour, Whether these persons taken for Defen­dants, whether they be guility of this Riot, as it is laid in the Information. We are now upon as special Case, and the question is, Whether guilty, or not guilty. My Lord, in the first place for the Cries, what the Cry was, hath been too often mentioned; for those Cries there is nothing at all fixt [Page 34] upon any person that is Defendant; all that is charged upon us, is, That we were in the Hall it seems, and because there was this noise heard, there­fore we must be guilty. In this crowd where we are, I hear hissing, espe­cially at to'ther end of the Hall, which of us are concerned in it, is a hard matter to judge; it is a hard matter, and it were very well, and it had been very happy, if some of those persons, had been apprehended for their hissing. I won't say, Gentlemen, that either one party or to'ther in the Contest made the noise of hissing, but there is nothing of it fixt upon any of us. Our Case is this, my Lord, with favour, when we have stated our Case and proved it, we are very innocent, and not guilty of the Riot. In some measure it hath been stated on the other side. They say in the Infor­mation, that the Lord Mayor called a Common-Hall; we don't dispute that matter, we agree it, that the Lord Mayor of London is the Kings Lieu­tenant but to make such and inference, That because the Lord Mayor is the King's Lieutenant in the City of London, that he must execute all the Offices in the City, is of no credit in the world; so that they are mistaken in that. Men are bounded in their Offices. The Lord Mayor does not execute all the Offices in the City though he be Lord Mayor. The question between us is this, Whether the Sheriffs, in this case did more than their Office as Sheriffs of the City of London. There is a superiori­ty due to the Lord Mayor. Another thing we agree with them, we agree it is in the Lord Mayor only to call these Com-mon-Halls, and as Mr. Ser­jeant Jefferies, that hath been in a good Office in the City, he agrees it himself, and it is apparent, there are some fixt days for Election; but yet though there be fixt days for Election, yet there must be that Formality of a Summons from the Lord Mayor to the City to meet in order to the Election of Sheriffs for the City of London and other Officers, that we do agree that my Lord Mayor hath the Power of calling Common-Halls, and he is the proper Officer. We agree also, Gentlemen, that when the busi­ness is done, for there is nothing in vain in nature, and there is nothing in Government that should be in vain, when the business is done, my Lord Mayor is to bid the Company Fare them well, which you may call dischar­ging the Common-Hall; we agree that to be commonly and usually done by my Lord Mayor. But herein we differ, which we are to try, the right of the Office of Sheriffs being the question, it is a question of right, and I don't see the Government is concerned one way or other.

L. C. J.

Upon my word I do see it, and surely you must be blind, or else you would see it too, when a company is got together, no God save the King, No King, no Lord Mayor.

Mr. Williams.

My Lord, I thought I had opened it plainly, I speak be­fore a great many people, I desire, my Lord, this may be very well heard. I thought I had said very well, from all these Noises and Cries we are all innocent, we justifie nothing of it, only we would have been glad if they had apprehended any man that made that noise; it had been a very happy thing if one of them, or all of them had been Defendants to be tryed. My Clients are Defendants, they are innocent and unconcern'd, it is a Crime committed by some where these Gentlemen were by, but they are inno­cent; we hear hissing at t'other end of the Room, it was an ill thing, and of a Treasonable complexion; but for these Gentlemen they are uncon­cern'd. The Question between the Lord Mayor and the Sheriffs of the City, is a Question of Right between the Mayor and Sheriffs, Whether it be the Prerogative of the Mayor, or the Right of the Sheriffs? and I say, [Page 31] under correction again, this Question, Whether the Lord Mayor of London may adjourn the Common-Hall to a certain day, is a question of Right Whether he can do it or the Sheriffs; And I don't see what consequence it can have upon the Government. The Lord Mayor is the King's Deputy, the Sheriffs they are the King's Officers, and the Question is, Whether it be in the Lord Mayor or the Sheriffs of Lon­don to adjourn it? They are very good Subjects, I am sure this very Year they are so; therefore I wonder at these Gentlemen of the King's Counsel, that will meddle with the Government, and say the Go­vernment is concerned in this; I appeal to any man if there be any more concern in this. I say this, here was a Common-Hall call'd, ground­ed upon Custome in the City of London, and here is a single Question, Whether these Sheriffs did any more than their duty; whether they were guilty of a Riot in continuing this Poll. Gentlemen, this is the method we shall take. First of all, it is not proved, that ever the Lord Mayor before this time did ever attempt to adjourn a Common-Hall to any certain time; all the Witnesses that were call'd, that pretend to be knowing in the Customes of London, the Common Serjeant himself, he does not pretend that it was adjourn'd to a day.

Mr. Serj. Jefferies.

You mistake. Sir Robert Clayton did from Satur­day to Munday.

L. C. J.

What need if there had been no President; if so be an A­sembly of People are met about business, and they can't make an end of it in a reasonable time, must they be kept all Night till they have? What Argument will you make of it? If a man may call and dissolve, do you think if there be occasion, but, by the Law it self, that he may ad­journ to a convenient hour?

Mr. Williams.

That will be a question between us. My Lord, what I say certainly of Fact carries something in it.

L. C. J.

Not at all.

Mr. Williams.

Then, my Lord, I have done.

L. C. J.

Give us leave to understand something, Sir.

Sir Fr. Winnington.

My Lord, by your Lordships favour—

L. C. J.

I spake to Mr. Williams, and he takes it so hainously at my hand that Facts signifie nothing; I do again say it, The fact signi­fies nothing. For I tell you again as Law, it is not denied the Lord Mayor may call, he may dissolve; then I say by Law, without Fact, by Custom, he that can both call and dissolve, may adjourn to a con­venient time. Do not Judges of Assize in all the Counties of England do it, when a Cause is appointed to be tryed in such a County such a day, and it may be it is tryed 3 daies after; and yet I pray find me the Statute or Commission, or find me one thing or another besides the very Law it self, that doth give them leave to adjourn from time to time.

Mr. Williams.

My Lord, there is a mighty difference, but I am only upon fact, these Gentlemen will agree it was never practiced before Sir [Page 32] Robert Clayton's time, what the consequence in Law will be, that is in your Lordships Breast, I am now speaking upon the Evidence that this hath not been practiced. What the Law is, for that we are to have your Judgment, which I humbly crave, I will be judged by Gentlemen that are my Seniors and better read in this matter; but, my Lord, a man may have a power of calling and dissolving, and not of adjourning, it may be so. But, my Lord, admitting it to be so for this time, yet, my Lord, whether we are guilty of a Riot, take the Circumstances of our Case. Whether the Right of adjourning be in the Sheriffs, yea, or nay, it is a question of Right, and I had rather apply my self to your Lord­ship than to the Jury. If there were a Question of Right between the Lord Mayor and the Sheriffs, it may be admitted by our Councel that it was his Right to adjourn the Court, and probably the Sheriffs might be in the wrong, and the Lord Mayor in the right. The Lord Mayor adjourns the Court, and they continue it, they go on with the Poll, and go on with the execution of their Office as they apprehended, if they were still for their Right, I hope your Lordship will not make this a Riot. My Lord, for the Circumstances that followed, the noise that was made, which I don't love to mention, if, I say, they were guilty of this, I am silent; but if they did no more, as I hear no more proved upon them, then continuing the Poll, then, I say, it will be very hard to make them guilty of the Riot. And another thing is this, my Lord, we all know, if there were a thousand Electors, any man knows, that when there is a question upon an Election, it is impossible such a thing shall be carried on but there will be reviling, ill language, and the like; and to turn all these things to a Riot, a thing so common from the be­ginning of Elections to this time, if there be division and polling, there will be something you may turn to a Riot. But I say this, they have not instanced in any one Defendant, that he was guilty of any one par­ticular act that amounted to a Riot in it self, they have not instanced in one. They say of Alderman Cornish, That he was of the same opi­nion with the Sheriffs, that they did insist upon the Rights of the City, he took it to be the Right of the Sheriffs; And, saies one of them, I will stand upon it, Bethell that had been Sheriff. Now we will call our Witnesses, we will prove what hath been the constant practice in the City, we will prove the methods of adjournment; and, my Lord, this is to be said which your Lordship will observe, That the Sheriffs ad­journed the Court to the very same time with my Lord Mayor; so that it was no more than to bring the matter to an issue in this case.

Sir Fr. Winnington.

Spare me a word in this case, my Lord. There is no Evidence produced against Trenchard, nor against Jekyl the Youn­ger, nor against Bifield, nor [...] of these there is no question but they are as if they were out of the Information, I must beg leave for a word or two as to those Defendants, that they have offered some Evidence against. The question is now before your Lord­ship, Whether they are guilty of a Riot or no? My Lord, for ought I see, it will stand upon a nicety of Judgment; yet if there be not mat­ter enough, Gentlemen, to make the Defendants guilty of a Riot, then it will clear the Defendants. My Lord, as to those words, that really were words that ought to be inquired into, who they were that spoke them in relation to his Majesty; I think it was a very ill thing of those [Page 33] men that saw them, that they would not neglect all manner of business to seize them, I think it was a duty to fix upon them: but, my Lord, there is no Evidence to put it upon any of the Defendants. My Lord, that being pared off, now the question is, That the meeting together was lawful, that is agreed; then when they came together, my Lord, I do think that if we do rely upon the Evidence, it will be a mighty hard thing to make this a Riot, setting aside those villainous words that were spoken, which cannot relate to the Defendants. Suppose, my Lord, that among the Electors, the whole Common-Hall of the City, there doth a dispute arise before the Election is over concerning the adjourn­ment of the Sheriffs or the Lord Mayor, some men are of one opinion, some are of another; and their Evidence, Mr. Peter King and another, At­torneys, I asked the question several times, Did the Lord Mayor of London, ever interpose or concern himself in adjourning the Hall, till the Election was quite finished? and they said No; Then, my Lord, I must say it as to these particular Defendants, in such a concourse of People as was met there, it is as slender a proof of a Riot as ever was, and intimates that the Citizens of London, they that happen not to be the greater number, they that lose the Election, may be found guilty of a Riot in chusing other Officers as well as in the business of Sheriffs; which being so ten­der a point, I think it will be a very severe exposition, my Lord, to make this a Riot. But now for the Matter, we will call to your Lordship se­veral Witnesses, men that have been Magistrates in the City, that it was alwaies looked upon, that my Lord Mayor, as he is the Principal Magi­strate, he gives notice for Common-Halls; and when the several Electors are met, and the business is over, he directs them to go home, and dissolves them; but my Lord Mayor meddles not in every little administration of the Election of Officers, but leaves them to inferiour Officers, the Sheriffs and others, that is their duty, my Lord, with submission, they Poll them and send them home during the Election, therefore by Law they do this; for, my Lord, the Custome of a City, and the Custome of a Place, is the Law of the place; and if the Custome of the place hath been, that the Sheriffs have been the persons that have managed it, it is their Right; but the Common Serjeant he saies he hath the sole manage­ment of it; Then if it be as Mr. Common Serjeant saies, if that must go, upon my word, Gentlemen, your Priviledges are reduced to a lit­tle compass.—

L. C. J.

They did conferr one with another who they took to have the most Voices, and so reported it, not that he did claim any thing in his own right, but as an Officer of the City. Now it is plain, and I think there is no inconveniency falls upon it, if an Officer acquaints my Lord Mayor, according to the best of our Judgment we think such a man hath the most Voices, that does not give him a right for him to make an Officer, not at all.

Sir Fr. Winnington.

I say what he 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; [Page 34] 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.
[Page 39]

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.
[Page 40]

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 [Page 41] 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 [Page 42] 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 returned him notwithstanding the drinking. After once that the Lord Mayor and Aldermen withdrew to go to the Council Chamber, they said to us, Now Gentlemen, look to your Office.

Mr. Thomson,

What was your Office?

Mr. Love.

To chuse Sheriffs.

Mr. Thomson.

Did my Lord Mayor meddle with the election, or left it to the Sheriffs?

Mr. Love.

Left it to the Sheriffs.

Mr. Williams.

What was your opinion, Sir, was it in the Lord Mayor to take the Poll, or the Sheriffs?

Mr. Love.

Truly Sir, I am not a competent Judge of whose right it was, but if my Lord Mayor had gone about to meddle in it, I should have pray­ed my Lord Mayor to meddle in his own Office and let me alone with mine.

Mr. Attorney.

Yes, Mr. Love, you were then the Tribunes of the People.

Sir F. Winnington.

Here are some say the Common Serjeant and the Com­mon Cryer have a power, nay, the whole power of ordering the Hall du­ring the Election. What is the Office of the Common Serjeant there.

Mr. Love.

Truly, Sir, I look upon the Common Serjeant and the Com­mon Cryer as Persons left to assist us, because they would not put us to the trouble of crying O Yes our selves; and if any Common Serjeant or Com­mon Cryer had durst to put a question without my direction, I would have known whether he could or no.

Sir F. Winnington.

Mr. Love was it ever dicours'd to you when you were Sheriff, or before or since, that ever my Lord Mayor did interpose before the Election was over?

Mr. Love.

Since I was discharged of being a Magistrate, I never was at a Common Hall since. I have spent my Money for the Cities service, but never got a peny by them; I never heard that ever the Lord Mayor till these late times interposed, but that the Sheriffs managed the whole busi­ness of chusing Sheriffs.

Mr. Att. Gen.

Mr. Love, I desire to have a word with you, you speak of the time of your reign, I would ask you a plain question, was it before the King came in?

Mr. Love.

It was that year the King came in.

Mr. Att. Gen.

Was you chosen before?

Mr. Love.

Yes, I was.

Mr. Att. Gen.

Do you remember an Act of Parliament in 48, then in force, of shutting out my Lord Mayor?

Mr. S. Jefferies.

I would ask him a question or two. Hark you, Mr. Love, let me ask you a question or two.

Mr. Love.

Sir George, I would give Mr. Attorney an answer.

L. C. J.

What would you make of it? if you ask him of an Act of Par­liament it is something.

Mr. Att. Gen.

You speak of a time when my Lord Mayor had no more to do with it than I had. There was an Ordinance of Parliament, did you never see that?

Mr. Love.

To the best of my remembrance I never saw it in my life.

Mr. Att. Gen.
[Page 43]

Nor heard of such a thing?

Mr. S. Jefferies.

Hark you, Mr. Love, I perceive you would have disputed with my Lord Mayor, who was the Lord Mayor that you talk of?

Mr. Love.

Sir Thomas Allen.

Mr. S. Jefferies.

Now I would desire to know whether you remember the City before the King came in?

Mr. Love.

For a little while.

Mr. S. Jefferies.

Do you remember any thing of that custom of the Lord Mayor's drinking to Sheriffs, was not that used before the King came in?

Mr. Love.

A long time.

Mr. S. Jefferies.

It is well enough; a long time.

Mr. Williams.

My Lord, we have seven or eight more to the same pur­pose, but we are satisfied with these Gentlemen: we will prove if there was any thing like a Riot, we will prove my Lord Mayor and those that were with him were the Authors of it.

L. C. J.

When multitudes of people are gather'd together upon a law­ful occasion, supposing that they had a right to be there, I do say that in that case it would be much a mitigation of the fine, so for this same riot; but on the other side you must know that these men that do it, it doth not ex­cuse them, for ignorantia juris is not an excuse. It is true, if they had had a lawful occasion to continue to do it, but in truth they had not, that will excuse them à tanto, but non à toto.

Mr. Holt.

My Lord, I beg to put in this case, there is a great deal of differ­ence where a person does claim a right to himself, and does an extravagant action. Now my Lord these persons did claim a right to themselves to continue the Common Hall, and that it was not in my Lord Mayor's power to adjourn it without them: now, my Lord, they claimed this right, if they used no violence, that is excusable. If I should claim a right to ano­ther man's estate, though I have no Title, and say I have a right, and give it out in speeches, no action lies against me; but if I do an extravagant action, and say another man hath a title, there lies an action against me.

L.C. J.

Now go to your fact.

Sir F. Winnington.

My Lord put a point to us, and we need not call more Witnesses.

L. C. J.

I don't speak to hinder you from calling your Witnesses.

Sir F. Winnington.

I put this case, we undertake to prove that it was al­ways looked upon, that it was the right of the Sheriffs: suppose, my Lord, upon the dispute it should be found that the opinion of the Jury should be o­therwise, will this turn to an illegal act?

L. C. J.

Call your Witnesses.

Mr. Wallop.

I beseech your Lordship I may put one case in this point, in a point of right if they have a probable cause to insist upon it. Suppose I send 40 men to a wood, and take a Carr or a Team, if they be a competent number to cut down wood, if we are mistaken in the title, that is no Riot. Lambert puts the case.

L.C.J.

But what if I had sent a great many men to cut down the whole Wood?

Mr. Williams.

We will call some Witnesses that will take us off from the Riot thus, if so be we can excuse our selves of the disorder, and put it upon my Lord Mayor, then we are innocent.

L. C. J.

Very well if you do that.

Mr. [...]
[Page 44]

Mr. Sibley, are you acquainted with the manner of the Election of Sheriffs, how long have you known it?

Mr. Sibley.

I have been of the Livery ever since 39, in all my time, I speak Gentlemen, to the best of my remembrance, it hath been the custom in all my time, except here of late, that the Sheriffs of London have had the management of the Election.

Mr. [...]

Did my Lord Mayor ever interpose till the Election was over?

Mr. Sibley.

I never knew my Lord Mayor interpose till lately.

Sir F. Winnington.

Did you ever hear my Lord Mayor pretend to it till of late?

Mr. Sibley.

No, my Lord.

Sir F. Winnington.

Did the Mayor use to be present at any Election during the Election?

Mr Sibley.

I have been most commonly there.

Sir F. Winnington.

But the 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.
[Page 45]

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.
[Page 46]

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.
[Page 47]

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 CaseHere Mr. Jones offered to inter­rupt him.—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 [Page 48] 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.
[Page 49]

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 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.
[Page 50]

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 [Page 51] 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 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.
[Page 52]

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.
[Page 53]

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 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 *The Counsel cla­mour'd.

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 [Page 54] 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 [Page 55] 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 [Page 56] 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.Note: Here the People hum'd and interrupted my Lord.— 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 [Page 57] 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 their Books and would make a disquisition who had most hands and the like, three hours after my Lord Mayor was gone, there were so many that did countenance and foment this sort of proceedings. There is a shrewd Act that was made since his Majesty came in, that the villany of some men might be stopt, thirteenth, fourteenth of the King, that for words in some cases makes High Treasons, it is well his Majesty does not take any severe prose­cution, but I can't tell you, I would not have men presume upon it. It can't be said you or you said so, yet they kept them together, they were they that kept all this Rabble three hours together; the Lord Mayor does Adjourn the Court, and they must have some time to be gone, and thereupon would perswade us they could not get away in three hours, they ask for a Poll, and cast up the scrutiny, and I know not what. There are some, and that is my Lord Gray and Mr. Goodenough, how these two should come there I know not, they had nothing to do here, and therefore I doubt it will be worse upon them than upon the rest, for they had nothing to do here, they must come to set the Citizens together by the ears. My Lord Gray, he says, and hath called some Witnesses, that he had business with Sir Will. Gulston, about the sale of Corsfield in Essex, but I do not see any of his Witnesses that do say he came to speak with Sir Will. Gulston here, he came here to see how the Poll went. But, look you Gentlemen, he hath given some sort of evidence, and the Council did open it very fair­ly, but the evidence did not come fully. If you think he did only come upon real occasions to Sir Will. Gulston, only to speak to him about that business, and concern'd himself no otherwise, then you will do well to find him not guilty, if you do not, you must find him likewise as well as the rest, for Goodenough he was here to promote the matter. There is one and truly he said, that for his part, as the rest would have no God bless the King, so truly he would have no Tory Mayor. And all this Flame I must tell you took Fire from this Spark, that the Sheriffs might do what they thought fit about choosing Officers. Gentlemen, it hath been a long Tryal, and it may be I have not taken it well, my memory is bad and I am but weak, I don't Question but your memories are better than mine, consider your verdict and find so many as you shall think fit.

[Page 58] The Jury withdrew and in some time returned.

Are you all agreed of your Verdict?

Jury.

Yes.

Who shall speak for you?

Jury.

The Foreman.

Do you find the Defendants guilty of the Trespass and Riot, &c?

Foreman.

We find them all guilty in that Paper.

This is your Verdict?

Jury.

Yes.

T. Pilkington, S. Shute, H. Cornish, Lord Gray, Sir Thomas Player, S. Bethel, F. Jenks, J. Deagle, R. Freeman, R. Goodenough, R. Key, J. Wickham, S. Swinnock, and John Jekyl the Elder are guilty.

You say they are all guilty, &c.

Jury.

Yes.

FINIS.

ADVERTISEMENT.

JUne 17th. Next week will be Published the Second Volume of Dr. Nalsons Impartial Collections of the great Affairs of State, from the beginning of the Scotch Rebellion in the year 1639, to the Murder of King Charles the First; wherein the first oc­casions, and the whole Series of the late Troubles in England, Scotland, and Ireland, are faithfully represented taken from Authentick Records, and Methodically digested, with a Table. Published by his Majesties special Command. Sold by Tho. Dring at the Harrow, at the Corner of Chancery-Lane in Fleet-Street.

Also the Reports of the Lord Keeper Littleton, in Kings-Bench, Common-Pleas, and Exchequer, in the time of King Charles the First, with a Table.

Newly Published, The Reports of Sir Geo. Croke Kt. in the time of Q. Elizabeth, K. James, and K. Charles, the First: Collected in French by himself, revised and Published in English by Sir Harbottle Grimstone, Master of the Rolls; the 3d. Edi­tion, with References to all the late Reports, in 3 Vol.

All Three Sold by Tho. Dring at the Corner of Chancery-Lane in Fleet-Street.

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