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not tell; it was something concerning the new and the old charter; and serjeant Bigland answered him, Do you ask me as recorder, or as counsel? Truly, I forgot what reply was made. Mr. Pollerfen. This gentleman, my lord, was not in the hall.

Recorder. Did you see any struggling about getting the mace away?

Recorder. They were all of a side then.
Mr. Stanhope. Were you by when Mr.
Hutchinson was sent with Mr. Gregory? What
was he sent for?

Sir T. Parkyns. I can't tell that, but I did hear they did go.

Mr. Stanhope. Was he sent to demand, or desire the mace?

Sir T. Parkyns. Indeed I can't tell how it

Sir T. Parkyns. No, I did not, Sir. Recorder. How came Somner to leave the was. mace behind him?

Sir T. Parkyns. I do not know, I cannot tell.

Recorder. Did you hear any thing said-by Mr. Sacheverell?"

Sir T. Parkyns. No, I do not.

Justice Withins. Did not he say, Hold the books, Stop the books?

Sir T. Parkyns. No, I do not remember it. Mr. Holt. Pray did you stay as long as Mr. Sacheverell staid ?

Sir T. Parkyns. I staid as long as they all staid.

Justice Holloway. Did you observe no noise nor uproar?

Sir T. Parkyns. No, by my soul, not I.
Justice Holloway. That is strange.

Mr. Holt. He was not in the hall where the noise was.

L. C. J. But could he be in the next room, and not hear the hubbub?

Sir T. Parkyns. My lord, I said I was in the place called the council house, and I did not stir till they all went out together.

Recorder. Was not you at the proclamation at the market place? and was there no throwing up of hats?

Sir T. Parkyns. Yes, they did, when they said God save the king, the people said Amen and threw up their hats.

Mr. Stanhope. Pray did you hear Mr. Sache verell desire them to be quiet and peaceable? Sir. T. Parkyns. Yes, I did so.

L. C. J. Did you hear Mr. Sacheverell when he spoke to the mayor in the hall ? Sir T. Parkyns. No, I was not in the hall at all.

L. C. J. Did you hear him when he spoke to the mayor in the council chamber?

Sir T. Parkyns. Not that I do remember. Justice Holloway. You say you heard Mr. Sacheverell speak to them to be quiet and peaceable?

Sir T. Parkyns. No, not there, but it was at Mr. Greaves's own house.

Justice Holloway. Was there any uproar

then there?

Sir T. Parkyns. No, my lord, but I will tell you there was a multitude of people there, and a great deal of rabble like to be, and Mr. Sacheverell desired the people to do their business with all modesty; and I think there never was so great a number of people that ever carried themselves more civilly than they did. I did not hear, by the oath I have taken, one angry passionate word or any thing of that kind.

L. C. J. He can tell nothing?

Recorder. I believe he was worse frighted than alderman Parker, he has forgot all.

Mr. Pollexfen. Swear Mr. John Thinn. [Which was done.] Pray, Sir, were you present on Michalmas-day, at the election of the mayor of Nottingham?

Thinn. My lord, I hear there are several gentlemen indicted for a riot at that time, I hope I shall receive no prejudice for giving my information here.

L. C. J. What do you mean, Mr. Thinn ? Thinn. My lord, I understand by some persens, that there is like to be an information brought against me, if I give my evidence here.

L. C. J. Prithee, man, we know nothing at all of the evidence or information; if you will evidence, you may.

Mr. Polleafen. Pray, Sir, were you present when this matter was transacting on Michaelmas-day?

Thinn. I happened to be in the country at that time, about a business between Mr. Edge and myself; we are copartners in an estate, and we were then upon a partition; and on Michaelmas-day I went to church, and being at church, and seeing a great deal of company in the chancel, I went to see the usual ceremony of choosing the mayor, and so forth. I was there then, and while I was there in the church, I staid there near an hour, I believe after prayer was done, and there was an expectation of the old mayor, and others, to meet together upon the election, but nobody came: but at last there was some message came down, I know not by whom, nor from whom, but the general vogue was, that it came from Mr. Wild the old mayor, and that he had sent down to desire the company to come down to the hall, but I cannot say who brought the message; and upon this, all the company went from the church, up to the hall, and I went with alderman Edge, who was the person I had business with; we went through a great room, the town-hall, and then there is a little room within, I think they call the councilchamber, and a great table within a rail, as this may be; and I remember I sat down behind the alderman: I could observe nothing of heat among them at all, nor the least word that I observed, of jangling. There was a box upon the table, which they said was the new charter, but it was not read; but Mr. Edge was offered to read his own name, to shew that he had power to act in it; but he did not know how far he might act by that, and therefore he

was proceeding to swear the officer according to the old one.

Mr. Pollerfen. Was there any cry, or any noise there?

Thinn. I do not know that I heard any one say any harsh or ill word; there was not so much as a shout.

L. C. J. Did you hear any hubbub, or tumult?

Thinn. No, my lord, not in the room where

we were.

L. C. J. Did you in any other room? Thinn. I cannot tell that, there was a great many people about the window.

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answer was returned I cannot say but after
that, as I take it, there was alderman Parker
and alderman Rippon did come and speak to
the company, and said the mayor desired them
to come down, for they had the new charter,
and he was to have their advice how to proceed
upon it. While they sat there, I walked from
the church to the town-hall; and in a little
while the company from church came to the
town-hall when they were there, the mayor
desired serjeant Bigland's advice how to pro-
ceed upon the new charter; says he, do you
desire my advice as recorder or as counsel ?
and I think as to that he gave no answer. The
like question he put to Mr. Edge; and Mr.
Edge referred it to serjeant Bigland's auswer,
and I think it was a very good one
while, some of the company that used to be
the electors of mayors and sheriff's, being of
the clothing, cried, let us go to the poll; and
I think Mr. Edge began to take the poll, and
there was several that did vote, but that was
the general cry of those that were inclined to
the new and to the old charters. Some that
were in the new charter gave their votes, but
not for Greaves; I do not remember any one
did when the poll was taking.

Mr. Holt. Did the old mayor, Wild, stay there while they elected Mr. Greaves?

Thinn. He staid there some of the time. Mr. Stanhope. Was he there all the while? Thinn. I cannot say but that some of the aldermen staid all the time, and some of them gave their votes for Mr. Greaves.

Mr. Lovell. What did Edge do? Thinn. He took the poll, and to the best of my remembrance, alderman Parker, that is one of the aldermen that has been here, gave his vote for Mr. Edge.

Mr. Lovell. Did the mayor, Wild, stay till the poll was cast up?

L. C. J. Poll, we hear nothing of a poll; Who gave you authority to poll?

Mr. Lovell. He that was in the new charter appointed mayor, yet staid to see the election, and then went away.

Mr. Pollerfen. Sir, did you hear any proclamation made in the council-chamber?

Thinn. No, Sir; I came from church with Mr. Edge, and the rest of the gentlemen.

L. C. J. Were you there when Greaves was sworn?

Thinn. Truly, my lord, I don't remember that I was.

L. C. J. I desire to know by what authority Mr. Edge swore him : let him look upon the statute of Præmunire, and consider with himself about it a little.

Just. Withins. As far as I find, this gentleman was not much concerned, and did not mind what was done.

Thinn. No truly, Sir, not I, much.

Mr. Holt. Did Mr. Sacheverell go with you or stay behind.

Thinn. We went all together.

Mr. Blencow. Pray swear Mr. Pole. [Which was done.]

Mr. Stanhope. Pray, Sir, were you in the council-chamber at Nottingham on Michaelmas-day was twelve-month? Pray tell us what happened there.

Pole. I have lived in Nottingham about 12 years. I used to go and see the mayor and other officers sworn: upon this day I was at church, and they went to prayers, and after prayers were ended, I think there was Mr. Gregory and Mr. Hutchinson, as I take it, sent by some to desire the mayor, that was Wild, to come to church, that they might proceed to an election according to the old charter; but what

After a

L. C. J. Who directed the poll, pray? Pole. I think it was some that were for the old charter; but I think it was the general desire to go to the poll.

L. C. J. Who took the poll?

Pole. Mr. Edge took it.

Mr. Ho. Did the old mayor propose the election, or the new mayor, or no?

Pole. No, I do not know he proposed it, but it was put to him.

Mr. Stanhope. Was he present at the election-Pole. Yes, he was.

Mr. Stanhope. Was he present when the poll was taken ?

Pole. Yes, he was.

Mr. Stanhope. Did he contradict it ?
Pole. I cannot say he did contradict it.
L. C. J. How many of these elections have
you been at before?

Pole. I was not by at the nomination; that I could not be, for they excluded all but those that had votes.

L. C. J. How came you to be so busy as to be there at this time?

Pole. I went of my own accord; I was not desired by any body, any more now than other years, but used as much as I could to endeavour to be at the swearing of them; for they excluded all people usually out of the chancel, where the election used to be, if they were not of the clothing.

Mr. Stanhope. Who gave the oath to the person elected usually?

Pole. The coroner used to give the mayor his oath.

Mr. Lovell. Who used to take the poll at other elections?

Pole. I cannot say who took it, because we were excluded the chancel; but it has been reputed that Mr. Edge used to take it.

Mr. Blencow. Who came to fetch you from church?

Pole. I think alderman Rippon and alderman Parker did desire them to come to the town-ball, and I think Malin was there, but I cannot tell what he said.

Mr. Blencow. Who was at church then? L. C. J. Pray, were you desired to come? Pole. No, I was not.

L. C. J. Was Mr. Sacheverell?

Pole. No, I do not know that be was? Mr. Stanhope. When these gentlemen came, did they behave themselves civilly?

Pole. Yes; I saw nothing but civil behaviour there was a great concourse of people, I believe most of the well-wishers to the old and new charter were there that day.

L. C. J. Can you say you did not hear a great deal of noise and hubbub?

Pole. I cannot say so, nor truly can I say I did.

L. C. J. Do you believe you did or not? Pole. But I believe I might hear some noise; but I was in the council-chamber, not in the hall.

Just. Holloway. Was sir Thomas Parkyns there?-Pole. Yes, he was.

L. C. J. Was Mr. Thinn there?

Pole. Yes, I think I sat next him when they came from church: 1 did desire to see the proceedings of the day, and I think I dined with the company, and went in with the first. L. C. J. Did you see any thing about a mace?

Pole. Yes, I think I did see something about

a mace.

L. C. J. Why then prithee tell me, as near as thee can guess, what thee didst see about

the mace.

. Pole. When they went out, Wild and his company, the room was full of company; and, as I take it, Mr. Malin, or whoever it was that was to take it, did forget the mace behind him; and somebody coming for the mace, I think there was one of the gentlemen of the council did put it from him, and would not let him have it.

L. C. J. Ay, come, who was that one gentleman of the council?

Pole. I cannot be positive, I believe it might be Mr. Salmon, or Mr. B

L. C. J. But, prithee, wilt thou tell me that there was no shouting, nor noise, nor hubbub? Pole. In the council chamber, I am satisfied as to myself, I heard none and believe there was none; I will not say there was not in the ball, for I was not there.

Just. Holloway. Did you hear any one cry, Stop the books?

Pole. I think there was at that time a dispute about the books.

L. C. J. Ay, tell me now who that dispute was between?

Pole. I think it was among the gownmen that were of the council.

L. C. J. You say well, name me some of them now.

VOL. X,

Pole. I cannot, indeed, my lord, name any particular person.

Just. Holloway. Did you hear Mr. Sacheverell speak any thing about the books? Pole. I think I did, I believe it was one of the clothing.

L. C. J. Prithee, canst thee not guess who that man of the clothing was?

Pole. If I do guess, my lord, I cannot speak positively.

L. C. J. Prithee, do not say so, I know thee canst if thou wilt, come, recollect thy memory. Pole. My lord, I would remember it, and fix the person, if I could, but I cannot. L. C. J. But as near as thee canst guess, I know thee hast a good guess with thee. Pole. Indeed, my lord, I cannot.

Mr. Powis. Did you observe that he did any ways concern himself about the election, Mr. Sacheverell I mean?

L. C. J. What did he do there, Mr. Powis ? he was present there.

Recorder. Was not he the head of the old charter party?

Pole. The old charter people took it that the surrender had been surreptitiously obtained, and I think he might say they had a good right to insist upon the old charter.

L. C. J. Who said so? Mr. Sacheverell?

Pole. I believe I did hear him say something to that purpose, but I cannot positively say what; I dare not undertake to say what particular persons spoke that day.

Recorder. Was not he for reading of the new charter, upon your oath?

Pole. I cannot tell whether he was or no. Recorder. Did he not bid the people be quiet?

Pole. I cannot say I heard any such thing. Mr. Ward. Did not you hear him say any thing to the mayor when he came into the council-house?.

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L. C. J. But who told you so? or did any | Wild take a book in his hand, as to take an body tell you so?

Pole. I was told so by several persons that

were sent.

L. C. J. Prithee, who told thee?

Pole. I believe I may have heard it from himself, that he was sent.

L. C. J. Who did he tell you sent him? Pole. He did not tell me who particularly. Mr. Farewell. My lord, I desire to ask Reynolds this question; Who was there besides that heard you make the proclamation?

Reynolds. The mayor was there.

Just. Holloway. They made such a noise, that perhaps every body could not hear it. Mr. Pollexfen. Pray swear Mr. Slater. [Which was done.]

Mr. Holt. Were you in the council-chamber on Michaelmas-day was twelvemonth in Nottingham ?

Slater. Yes, I was.

Mr. Holt. Pray, give rue an account of what passed there, and what you observed.

Slater. I was at St. Mary's Church with them, and came down from the church with them to the council-house; and when they came, they went into the council-house to the mayor that was then, alderman Wild, and there they went and staid some small time: and then the mayor and aldermen came out, and came to the commonhall, and staid a pretty considerable time; and then came Mr. Hutchinson and Mr. Gregory to his worship, and told him, and it please your worship, the council desires you to come and hear Mr. Greaves sworn mayor; and at that word, the mayor replied to them, that he would come to them presently, if they should have done there: so presently after some cried out A Greaves mayor, a Greaves mayor; and alderman Rippon and others bid them hold their tongues, or it should be worse for them; but still. they cried, A Greaves, a Greaves.

L. C. J. Where was that?
Slater. In the common-hall.

Mr. Pollerfen. What the burgesses cryod out so, did they?

Slater. The people in the hall.
Recorder. Was not you one of the shouters?
Slater. No, I did not shout.

L. C. J. Were you one of the clothing, one of the council of the town?

Slater. No, my lord, I was not.

L. C. J. What business had you there?
Slater. I went to see, as others did.
Just. Withins. What trade are you?
Stater. I am a taylor.

Just. Withins. Do you use to go to church?
Slater. Yes, Sir.

L. C. J. You say the people did shout, A Greaves mayor; did you hear them among that shout, cry, No New Charter, No New

Charter?

Slater. I cannot say any thing of that. L. C. J. Canst thee say thou didst not hear any such shout?

Slater. For my part, I can safely say I heard nothing of it. Then I see alderman

oath, and then there was a shout, A Greaves mayor; and alderman Parker went off from the bench, and said, A Riot, a Riot.

Mr. Pollerjen, Swear Roger Ryley. [Which was done.]

Mr. Holt. Pray, were you at the election of a new mayor at Michaelmas-day was twelve

month?

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Ryley. Yes, it is.

Mr. Holt. Were you there on Michaelmasday?

Ryley. Upon Michaelmas-day I was summoned in upon the clothing, and there the new mayor went to the old mayor, and waited there a long time to go with him to go to church; at last the old mayor would not go, but staid waiting for a new charter; so we went to church and heard the prayers, and from the church we went to the hall according to custom; and there was the new mayor there, Mr. Greaves, and he was sworn mayor there.

L. C. J. Who swore him?
Ryley. Alderman Edge.

L. C. J. Did you ever know him swear a mayor before?

Just. Holloway. Did you ever know a mayor sworn before in the absence of the old mayor?

Ryley. I have known many, I have been of the council these eighteen years.

L. C. J. You say you have been of the council these eighteen years?

Ryley. Yes, I have so, Sir.

L. C. J. And have you been present when the new mayor has been sworn?

Ryley. Yes, I have.

L. C. J. And do you know that the new mayor was sworn when the old mayor was not there?

Ryley. I have known many sworn, I say, but I cannot tell whether I ever knew but that the new mayor was sworn before the old mayor.

L. C. J. Then when Edge gave Greaves the oath, was the old mayor there?

Ryley. He was in the room when he was chosen.

L. C. J. Was he there when he was sworn, or when he was going to be sworn?,

Ryley. They would not abide the place, but

went away.

L. C. J. But, prithee friend, don't dally, thou art upon thy oath; was Wild, the old mayor there, when they gave Greaves the vath?

Ryley. I don't know exactly the moment when he went away, but he was there when they voted him.

L. C. J. Thou art a prevaricating shuffling

fellow.

Ryley. If it please you, my lord, I won't forswear myself for all the town and country. L. C. J. Speak the truth, man, and answer my question.

Ryley. He was there all the while they were voting, and how he went away I don't know.

L. C. J. Was he there when Greaves was sworn?

Ryley. I can't tell that, if it please your ho

nour.

Mr. Farewell. My lord, I desire to ask him one question.

L. C. J. But the man won't answer a question fairly.

Just. Holloway. I swear, I think both sides are very careful of answering questions.

Mr. Farewell. My lord, I desire to ask him what was the behaviour of the company all the time they were there in the council-house; was there any disturbance there?

Ryley. None, that I saw.

L. C. J. I ask you again, was there no proclamation made?-Ryley. I heard none.

Mr. Farewell. Did you take notice of Reynolds to be there?

Ryley. He might be there, for ought I know.

Mr. Farewell. Do you believe he could make a proclamation, and you not hear it? Ryley. No, I don't know how he should. Mr. Pollerfen. Call Thomas Muxlow and John Peak.

Just. Withins. Have you any more witnesses, Mr. Pollexfen?

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Mr. Pollerfen. Swear Burroughs and Par[Which was done.] Mr. Lovell. What is your name? Burroughs. My name is Burroughs. Mr. Lovell. Were you present on Michaelmas-day at the election of a mayor of Nottingham ?

Burroughs. I was one of them that were at the hall; when I was in the hall, there came a gentleman, one of the council-house, and acquainted Mr. Wild, the present mayor, that Mr. Pollexfen. We have more, my lord, if the burgesses had elected Mr. Greaves mayor, we can get them but in. Swear Thomas Mux- and the coroners were proceeding to swear low. [Which was done.] him, and asked him to come and hear him Mr. Lovell. Were you at the election of a sworn; and he said he could not come premayor at the town of Nottingham Michaelmas-sently, they must wait a-while: he was asked day was twelve-month? how long, he told them by and by; with that, somebody cried out, A Greaves, A Greaves, and there was a great shout.

Muxlow. I went to the church, as the custom was; after prayer we expected to go to the election.

L. C. J. Ay, prithee speak out as if thou wast at an election; you would have shouted then, I warrant you.

Murlow. When we were at the church, we waited there, expecting to have Mr. Wild and the rest of the company, to nominate the mayor, according to the ancient custom.

Mr. Holt. You say you were at the election on Michaelmas-day was twelve-month; pray speak how things were carried there?、

Muxlow. Yes, I was there, and it came to an election, and it came to a poll.

Just. Holloway. Who proposed the election?
Recorder. Were you an elector?

Mr. Holt. Answer the gentleman's question, were you one of the clothing?

Murlow. I was one that had a vote there. Mr. Holt. Do you know any thing of this matter?

Murlow. 1 know there was a fair election according to custom.

Mr. Stanhope. Was it peaceable and quiet?
Murlow. Yes, there was no disturbance at all.

L. C. J. Where was that shout? Burroughs. In the hall; but then the gentlemen were in the council-house.

Mr. Blencow. Where was Mr. Sacheverefl then ?

Burroughs. He was in the council-house.

L. C. J. Well said: now you have made this fellow swear through a wall, that your other witnesses could not hear through. Prithee, friend, were not thou one of the clothing?

Burroughs. No, my lord, but I was a bur

gess.

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