An exact abridgment of all the trials (not omitting any material passage therein) which have been published since the year 1678: relating to the popish, and pretended Protestant-plots in the reigns of King Charles the 2d, and King James the 2d.

The Trial of

• ...Sheriffs.
  • Thomas Pilkington, Esq
  • Samuel Shute, Esq
• Henry Cornish, Alderman. Ford Lord Grey of Wark. Sir Thomas Player, Kt. Chamberlain. Slingsby Bethel, Esquire. Francis Jenks, John Deagle, Richard Freeman, Richard Goodenough, Ro∣bert Key, John Wickham, Samuel Swi∣nock, and John Jekyll, sen.

Before the Lord Chief Justice Saunders, at the Guild-Hall, London; on Tuesday, May 8. 1683.

THen and there the Defendants appeared for their Trial, upon an information against them, for the Riot at Guild-hall, on Midsummer-day, 1682. being the Day for Election of She∣riffs for the Year ensuing: To which they had pleaded Not Guilty. And the Jury appearing, the Defendants Counsel challenged the Array, because returned by Sir Dudley North, whose le∣gally being Sheriff was now in question. Which Challenge was read in French and English, and admitted of a long Debate, but was over-ruled. As was also another Challenge offered on behalf of the Lord Grey. The Defendants Counsel then prayed a Bill of Exceptions; which also was over-ruled.

The Jury sworn, were,

• Sir Benjamin Newland.
• Sir John Matthews.
• Sir Thomas Griffith.
• Sir Edmund Wiseman.
• Sir John Buckworth.
• ...Percival Gilburn.
• ...Henry Wagstaff.
• ...Barthol. Ferriman.
• ...Thomas Blackmore.
• ...Samuel Newton.
• ...William Watton.
• ...George Villars.

To whom the Information being read, the same was opened by Mr. Dolbin, and Mr. Attorn. Gen. Mr. Sol. Gen. and Mr. Serj. Jefferies opened the Evidence.

And then the Common Serjeant, Mr. Light∣foot, Mr. Wells the Common-Crier, Mr. Man the Sword-Bearer, Mr. King, Sir William Hooker, and Mr. Bancroft, all being sworn, deposed their knowledg about the Method of the City Electi∣ons; all concurring, That the Lord-Mayor al∣ways used to summon, and adjourn, and dis∣solve the Common-Hall; and that the Sheriffs, as Sheriffs, were no more concern'd in the Case, than any private Man.

Then Mr. Craddock deposed, (as to the Per∣sons concern'd in the Riot) That he was then standing where they poll'd, and the Lord-Mayor coming thither also, to protest against their man∣ner of Proceeding. Sheriff Bethel bid him op∣pose or resist him, for that he had nothing to do there. And that this was before the Poll was adjourn'd.

Mr. Reeves then depos'd, That he saw Mr. Shute and Mr. Pilkington encouraging the People

to Poll, after the Lord-Mayor was gone; and that while the Lord-Mayor was there, he saw a great Contest among the People, some saying he had nothing to do there; another cried, Stop the Sword, stop the Sword, whom he laid hold of; but some Body got him again from him.

Mr. John Hill deposed, That he saw then Mr. Robert Key, Mr. Goodenough, and the Lord Grey among the People, as also Mr. Cornish.

Mr. Richard Fletcher deposed, That he also was there on that Midsummer-day, by Order of Sheriff Shute, after the Lord-Mayor was gone, to call all Men that were to poll to come for∣ward, for the Books were to be shut up; and that he could only testify that Mr. Pilkington and Mr. Shute were both there.

Then Capt. Clark depos'd, That when Pro∣clamation was then made for adjournment of the Court, and God save the King was proclaim∣ed, above an hundred hist at it, and cried, No King's-Man, no Sword-Man; one of whom he laid hold on, but the Crowd was great, and he was call'd away to guard the Lord-Mayor, whom he found down upon his Knees, and the People crying, Press on, press on, and God save the She∣riffs. He guarded the Lord-Mayor home, and came again for awhile, and saw the two She∣riffs concerned in carrying on the Poll for some time.

Major Kelsey deposed, That he followed the Lord-Mayor then out of the Court, and some cried, Stop him, stop him, and gave a Shout; and he saw the Lord-Mayor's Hat upon his Back, and

he was down himself; but the Press was so great he could not tell who was there.

Mr. Trice Hammond deposed, That he saw there that Evening the Lord Grey, Mr. Key, Mr. Cornish, Mr. Goodenough, and the two She∣riffs; Sheriff Shute making Proclamation him∣self upon the Hustings, because one or two had refused it, for the adjournment of the Court; and this was two hours after the Lord-Mayor had adjourn'd the Court.

Then Mr. Higgins depos'd, That when God save the King was said, he heard the People say, God save the Protestant Sheriffs, and cry'd, Down with the Sword; and after he had attended the Lord-Mayor home, he returned thither again, and saw there one Free-man, whom they call'd the Protestant Cheese-monger, calling, To poll, to poll. That he saw Mr. Alderman Cornish come up to the Sheriffs, and tell them, they were do∣ing right, and say to Sheriff Shute, You shall have all right done to you. That he saw also Mr. Swinnock, and Mr. Jekyll the Elder there.

Mr. William Bell deposed, to Mr. Cornish, Mr. Bethel, and Mr. Pilkington's being there.

Mr. Vavasor swore to Mr. Cornish and the two Sheriffs being there; and that had it not been for Mr. Hammond, he had been trod under∣foot.

Mr. Denham deposed, That he saw Sir Tho∣mas Player, and Mr. Jenks there in the Yard.

Mr. Farrington swore, That he saw there the two Sheriffs, Sir Thomas Player, Mr. John Wick∣ham the Scrivener in Lothbury, Mr. Jenks the

Linnen-Draper, Alderman Cornish, Babington, and one Jennings an Upholsterer; and that his Toes were trode upon, and a mischief had been done him, had it not been for Mr. Fletcher and Mr. Hill.

Mr. Cartwright deposed, he knew the Names of none there, only that he saw the Lord-Mayor had like to have been thrown down, going out of the Hall, after he had adjourn'd the Court, had it not been for Mr. Shaw; and that going to save him, he wrenched his back, and spit Blood for seven days after.

Then Mr. Shaw depos'd, That the Lord-Mayor coming down the steps, there was such a crowd, that if he had not catched him in his Arms, he had fallen upon his Forehead, and his Hat was off.

Then Mr. Kemp depos'd, that Mr. Deagle confessed to him, that he was there about seven at Night.

And Mr. Rigby swore, That he saw Master Deagle there among the Crowd about that Time.

After this Mr. Williams (of Counsel for the Defendants) urged, That none of the Cries or Hissings were fixed upon the Defendants; nor were they concerned therein, though they were there. And that it was a Question, Whe∣ther the Right of Adjourning was in the Lord-Mayor? And if not, that then here could be no Riot.

Sir Francis Winnington spoke to the same pur∣pose, for the Defendants.

And then Mr. Thompson call'd Sir Robert Clay∣ton, who deposed, That in his Mayoralty there was a Poll for the Election of Sheriffs, and that he left the management thereof, which lasted five or six days, wholly to the Sheriffs, as belonging to them; and that when it was adjourned, from Saturday to Monday, he sup∣posed it was done by them, he not thinking it did belong to any Body else.

Mr. Love then deposed, That two and twenty Years ago he was Sheriff; and upon the Electi∣on of new Sheriffs, the Lord-Mayor left the management of the Hall to him, and his Bro∣ther Sheriff, bidding them look to their Of∣fice, never interposing at all; and if he had, truly he should have bid the Lord-Mayor have looked to his Office: The management of the Hall at Elections, having always been judged, in his Time, the Right of the She∣riffs.

Then Mr. Holt urg'd for the Defendants, That this Assembly, upon such a Supposition of the Sheriffs Right, could not be made a Riot, so long as no Extravagances were com∣mitted.

And Mr. Wallop spoke to the same purpose.

And then Mr. Deputy Sibley deposed, That he had been on the Livery every since 1639; and that he never remembred any Lord-Mayor to interpose in Elections till here of late, it being always left to the Sheriffs, as belonging of Right to them.

And Mr. Winstanley swore, That the Poll in

Sir Robert Clayton's Time, was managed by the Sheriffs.

Then Mr. Jackson deposed only, That the Crowd was so great, he could scarce see one way or other.

But Mr. Roe deposed, That he then saw a matter of an hundred with their Hats upon Sticks, crying, Damn the Whigs; saying, the Work was done to stop the Poll.—

Whence the Defendants Counsel inferr'd, That if there were any rudeness, those very People that came with the Lord-Mayor were the cause of it.

After this Mr. Attorny General called Sir Simon Lewis and Sir Jonathan Raymond, who were Sheriffs when Sir Robert Clayton was Lord Mayor, and they both deposed, that they took the Lord Mayor's Directions, and that he did Adjourn the Court; and they only appointed, from Day to Day, till the Pole was ended.

Sir James Smith, who was Sheriff the Year after Sir Robert Clayton, deposed, That he never heard it questioned but that the Lord Mayor had the right of Adjourning.

And then Mr. Common-Serjeant related the whole passage, and deposed, That Sir Robert Clayton did Adjourn the Court himself.

After which Mr. Williams urged particularly in defence of the Lord Grey, that he was there only accidentally, coming to Sir William Gulston with whom he was treating about selling the Mannor of Corsfield in Essex; one Mr. Ireton who treated for him, deposing, That there was

such a treating on foot; and that he heard of an appointment to meet again.

And Sir Thomas Armstrong deposed, That he saw Sir William and my Lord together that night about eight a Clock.

After which the Counsel for the Defendants urg'd, That the Case being so probable, their insisting upon it would not make it a Riot; and that the Assembly was not continued in a tumultuous Manner, but with a good Intent; and it could not be a Riot, unless there were an evil Intention to do some mischief; instant∣cing in the Case of Sir Robert Atkins.

Then Mr. Attorny General summ'd up the Evidence; asserting that Assembly to be un∣lawful, after the Adjournment of the Lord-Mayor; and a being present therein, and coun∣tenancing it, was enough to make them Guilty of the Riot.

The Lord Chief Justice summ'd up much to the same purpose.

And then the Jury withdrawing for some time, brought in all the Defendants Guilty of the Trespass and Riot.