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A63202 The tryal of Tho. Pilkington, Esq., 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 [sic], 1682 : being the day for election of sheriffs for the year ensuing. Pilkington, Thomas, Sir, d. 1691.; Shute, Samuel, defendant.; England and Wales. Court of King's Bench. 1683 (1683) Wing T2231; ESTC R14605 66,667 64

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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. 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 24 th 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 24 th 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 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
Gray It will be the worse for you I shan't lie Perdue for you Mr. Att. Gen. If you threaten me my Lord I shall take notice of it My Lord I have done you a kindness but if you come under my hands again I shall not do it L. C. Justice They would not have it said God save the King and my Lord you were with some of those that abused him Lord Gray After it was over my Lord. Mr. Att. Gen. You were not within your duty here Lord Gray My Lord it was after the Poll was closed Mr. S. Jefferies My Lord I desire if you please what is usual in all causes that we might go on without any interruption Let us go on for the King and then make all the defence you can Don't think either to hiss us or threaten us out of our cause Mr. Higgins give my Lord and the Jury an account of what you saw or heard Mr. Higgins My Lord I attended with several of our Company by my Lord Mayor's Coach to Guild-hall and was in the Council Chamber and he sent for the Sheriff after that he went away and when God save the King was said said they God save the Protestant Sheriffs Mr. S. Jefferies I desire to know Mr. Higgins this what they said Mr. Higgins They cryed Down with the Sword Mr. Thomson Mr. Attorney is making a Speech to us I don't know what he hath said Mr. S. Jefferies I don't think Mr. Attorney thinks you worth a Speech Mr. Higgins I desire you to ask you a Question I ask you this Question upon your Oath after the adjournment of the Court and after this very insolent behaviour of some of the Rabble that were there for I can call them no better who did you see there Mr. Higgins After I went home I went to see my Lord safe home and came back again I saw one Freeman that they call the Protestant Cheesmonger calling To poll to poll Mr. S. Jefferies Pray who else did you see Mr. Higgins I saw Mr. Alderman Cornish come up towards the Sheriffs Gentlemen said he you are doing right Mr. S. Jefferies Did you hear Mr. Alderman Cornish say so What this Gentleman Do you know him Mr. Higgins Says he to Sheriff Shute You shall have all right done to you Mr. Serj. Jefferies Who else did you see there Mr. Higgins I saw Mr. Swinnock Mr. Serj. Jefferies Did you see Mr. Key did you see Mr. Pilkington Mr. Higgins I did not see Mr. Pilkington I saw Shute Mr. Serj. Jefferies Did you see Mr. Jekyl Mr. Higgins Yes Mr. Serj. Jefferies Which of them do you mean Mr. Higgins The Elder man Mr. Serj. Jefferies There is John Jekyl the Elder Gentlemen and John Jekyl the Younger Mr. Higgins I was disputing with a Fellow that his Toes came out of his Shooes and had a green Apron said I Are you a Livery man Yes I am said he Surely said I they don't use to make such as you are Livery-men Saies Mr. Jekyl He may be as good a man as you for ought I know That was about half an hour after my Lord Mayor went home Mr. Serj. Jefferies What time was the Adjournment Mr. Higgins About 5. or 6. I was speaking something You are all in a Riot This is no Riot saies Mr. Swinnock to me I can never meet you but you are railing against the King's Evidence L. C. J. The Kings Evidence what was that Mr. Williams What was done by Mr. Jekyl Mr. Higgins He was talking among the People Mr. Serj. Jefferies He did encourage among the rest Mr. Williams You are in a Passion now Mr. Serj. Jefferies No Sir I am not Mr. Higgins He seconded Mr. Cornish when he said Insist upon your Rights Mr. Serj. Jefferies Who did so Mr. Higgins Freeman my Lord that they call the Protestant Cheesemonger Mr. Williams A very pretty word indeed Mr. Serj. Jefferies Ay so it is he is so called you will give us leave to hear what the Witnesses speak Mr. Williams Another Epithet would do a great deal better Mr. Serj. Jefferies William Bell what was done upon the spot was there any hurt Mr. Williams Do you say upon your Oath that Gentleman was there Mr. Higgins I have seen him in the Balcony Mr. Serj. Jefferies He saies he uses to be there upon publick daies in the Coffee-house Bell I would desire to know of you whether you are able to give an account after my Lord Mayor's Adjournment who was there name as many persons as you can Mr. Bell. Mr. Bethel and I saw Mr. Cornish go through the little Gate into the Yard Mr. Serj. Jefferies Who else Mr. Bell. That is all Sir Sheriff Pilkington delivered two Poll-Books into my hand Mr. Att. Gen. Mr. Vavasor will you tell my Lord and the Jury what you saw Mr. Vavasor It happened thus Mr. Hammond had taken a man upon Execution who was Bail for a Client of mine who had paid the moneys long before upon that I came to know who imployed him and coming here I found Mr. Hammond in that place and the crowd was so great Don't go back again said he for you will go near to be abused Whilst I staid there I asked him what was the meaning Saies he In this Room are the Sheriffs and some others casting up the Poll and whilst I staid there came in Mr. Good-enough to and fro from them and before they would admit any they would know their names there was Mr. Key my Lord Gray and Sir William Gulston Mr. Att. Gen. What afterwards Mr. Vavasor Yes Mr. Cornish was there he and Sheriff Shute came out together and they went upon those Stairs under the Clock Mr. Att. Gen. Who came out with Sheriff Shute Mr. Vavasor Cornish Mr. Williams What Cornish Mr. Vavasor Alderman Cornish Mr. Williams Very mannerly Mr. Serj. Jefferies His name was Cornish before he was an Alderman Mr. Vavasor And Sheriff Shute told the People If they would stay a little time he would give them Satisfaction Upon that Mr. Cornish went through the Company and when they came to the Hustings Mr. Shute ordered Proclamation to be made and told them Whereas my Lord Mayor had taken upon him to adjourn at 9. a Clock We the Sheriffs of London and Middlesex being the proper Officers do adjourn it to Tuesday at 9 of the Clock Upon that an Antient Gentleman desired they might proclaim the Election Then saies Shute that I can't do it now for we have taken very good Counsel for what we do Had it not been for Mr. Hammond I had been I believe trod under foot sufficiently Mr. Serj. Jefferies Mr. Denham who did you see Mr. Denham I saw Sir Thomas Player and Mr. Jenks Mr. Serj. Jefferies Where did you see them pray Mr. Denham In the Yard I went home with my Lord Mayor and then I saw them I had a kind of a glance but I can't swear positively to Mr. Jekyl Mr. Serj. Jefferies Sir Thomas Player