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Burroughs. No, I did not.
pot so, if it was, he would forfeit his head and L. C. J. Did you do it over your head ? his estate: upon that, they proceeded to swear Burroughs. It may be I might.
Mr. Wild; the burgesses gave another shout, Just. Holloway. Were you by, when Greaves but not so big as the other ; with that alderman was sworn mayor ?
Parker went out, and I think, cried, A riot, Burroughs. No, I was not.
a riot. They sat a little longer, and it was Mr. Holt. Well, what say you to this matter, desired to send for alderman Parker again, no, Parker?
said they, he won't come, and so they whisParker. Going by the street, I met the new pered a little upon the bench, and went all charter coming down, Reynolds brought it ; down the street, and I went down the hall with so I turned back again to the mayor, and after them, and in Street-Gate, they met with he had received it, pray, says he, go up and alderman Parker; and he was coming to the tell Mr. Sacheverell, and some of them, that ball again, and be turned back to the mayor's, they will come up to the church, and if they and I went to the council-house ; but I could will but stay there a-wbile, we will come to hear nothing, only that afterwards at the them : so I, and another, and two or three mayor's they called the gentlemen, and swore more, went up to the church, and told them them according to the new charter. the mayor would come and wait upon them, L. C. J. Were you one of the electors ? and bring the new charter ; upon that Mr. Parker. No, not I; I was not concerned on Sacbeverell looked upon bis watch, and staid a any side. considerable while, and looked again upon Mr. Pollerfen. Were any of the defendants, his watch, and I heard bim say he had staid Mr. Sacheverell or Mr. Gregory at the shoutabove an hour, and presently a message came ing in the hall ? from the mayor, desiring them to come down Parker. Not that I know of. to the Town-hall to wait upon the mayor.
Mr. Farewell. He says, my lord, that the Mr. Stanhope. Who did the messenger direct mayor sent to Mr. Sacheverell and them to his speech to ?
come from churcb. Parker. I suppose it migbt be to alderman L. C. J. How do you know the mayor sent Edge and serjeant Bigland. Says Mr. Sache- to Mr. Sacheverell? verell, we will go down, and see what they Parker. My lord, they directed their speech say to us : so they went down, and we went to the persons that were there, I cannot justly with them; they got many of them into the say to whom in particular. council-bouse, but I could not ; so I stood in L. C. J. It has been sworn they directed the hall, and waited all the while the gentle their speech to alderman Edge and serjeant men were in the council-house ; then there Bigland. came out alderman Rippon, the mayor, and Mr. Parker. They told it when Mr. Sacheverell Malin, and by and hy after them, alderman was present, and so he went down with them. Parker, out of the council-house, and sat down Mr. Pollerfen. But this appears by the eviupon the bench ; Mr. Malin had not bis mace, dence, that the Old Corporation is by the name of and he was asked where it was, and they said mayor and burgesses, but we know there were they had it in the council-house: so, said they, aldermen since, and so it is according to truth, you had best have a care of your staff; no, as it is laid in the information ; but let them said he, before they take my stafi, I will put in their new charter. (Which was done break it over their pates; and by and by they and read.] proceeded to swear Wild mayor, and they were Mr. Pollerfen. Is there not a proviso in it, about to give him some of the oaths, I suppose that the mayor should not act till he be sworn ? of allegiance and supremacy ; but before he L. C. J. Admit it be so, what then ? said any thing, there came two of the council- Mr. Pollerfen. Then it follows that we must house, and told him, they had elected Mr. be not guilty. Greaves mayor, and desired the mayor, and L. C. J. How so? the rest, that they would please to come and Mr. Pollerfen. It is plain, my lord, that this hear them swear the mayor; he said, he could man should not take upon him the office of not come; but come, come, says he, we will mayor till he has taken the oaths; then supgo on, and upon this they proceeded to give pose they take it that the old charter is gone, XIr. Alderman Wild the oath, and when they by this ihere is no new mayor till he be achad gone balf way in the oath, somebody tually sworn ; then all these things being done came and cried out, they were swearing Mr. before he was sworn, it cannot be that this was Greaves mayor, and upon that both parties such an assembly as was laid in the inforgave a shout, and one cried, A Greaves! A mation. Greaves! and another cried, A Wid! A Wild! L. C. J. You mistake yourselves sadly, the And upon this, alderman Rippon had the new proclamation was after the swearing: charter by him, and he took it out ; look you, Mr. Pollexfen. No, no, my lord, I am not said he, we do nothing but by authority, we mistaken in that. bave his majesty's order, and the broad-seal, L. C. J. Reynolds, Was not the proclamaand thereupon sat down again ; but somebody tion made after he was sworn ? told him it was commonly reported they were Reynolds. I cannot tell, my lord. deprived of their privileges; he said, it was L. C. J. Where is the mayor, Wild ? Upon
II. 1684.--and others, for a Riot. [90 your oath, were you sworn before you gave Reynolds. Yes, I did. direction to make proclamation to depart or no? Just. Withens. Mr. Mayor, did you see him
Wild. I cannot certainly tell, but I think the there? first-proclamation was made in the council- Wild. Yes, I saw him in the hall. house, that was before I was sworn ; the pro- Just. Withens. Was he busy in the hall ? clamation afterwards was after I was sworn. Reynolds. Yes, he was shaking his bat, and
Mr. Holt. Where was the proclamation shouting: after you was sworn ?- Wild. In the ball. L. C. J. Well, now where is your witness ?
L. C. J. Did Mr. Sacheverell continue there Mr. Pollexfen. Swear Mr. Flaits. [Which after you was sword ?
was done.] What say you, was Mr. Turpin Mr. Pollerfen. Good, my lord, this I think there? is the fact upon the evidence: in the council. Flaits. He was in the hall that day, but not house Mr. Sacheverell
, and the greatest part above a quarter of an hour. of these defendants were, and then they went
L. C. ). You were there, it seems, pray had on to the election of Greaves ; and they sent you a vote there? out to tell Wild, the former niayor, when he Flaits. I went to speak with Mr. Turpin. was in the hall, that Greaves was elected, and Mr. Pollexfen. Was be in the ball when the did desire him to come in to swear him, but he mayor came into the hall ? refused ; but when this was done, be was not Flails. I never saw him there while the sworn ; but upon this, there was the shout of mayor was there. the people, A Greaves! A Greaves ! All this Nr. Pollerfen. I pray swear Mr. Holt. was, as I think, before he was sworn.
[Which was done.] Pray was Mr. Barker L. C. J. The mayor himself says he was either in the hall, or in the council-chamber sworn.
that day. Wild. My lord, I was just come into the Holt. No, I was at work with him that day hall before the messenger came in ; but I told from six of the clock in the morning till eight at them they could make no new election without night. me, nor at all, because of the new charter. L. C. J. And he was not out all the time ?
Mr. Pollexfen. Then as to the business of Holt. No, he was not. the mace, I hope the information will not hold L.C. J. Well, have you done, gentlemen ? to charge us, because then he was not mayor.
Sucheverell. My lord, here is Mr. Serjeant L. C. J. That does not affect the mayor but Bigland, I desire le may be examined. the sheriffs, the mace does not.
L. C.J. Ay, with all my heart. Swear him. Mr. Pollexfen. But, my lord, as this infor- [Which was done.) mation is laid, he says he was mayor, and Mr. Pollerfen. Nr. Serj. Bigland, I think called an assembly, and it was held before you were down at the election of this mayor him, and these things were done ; but this upon Michaelmas was twelve-month ; will you cannot be true, for by this very new charter be pleased to tell the court and the jury, what he must be sworn before he can act, and this was done then ? tumultuous proceeding, as they call it, and Serj. Biglund. I will give you as short an seizing upon the mace was before he was account as I can. I was in my house when the sworn, and this information supposes all the mayor and aldermen, sent to me to desire me fact was done while he was mayor.
to give my attendance : they sent the two she. Mr. Holt. I think it does appear by Wild's riffs to me, and I did attend, and staid an hour own oath, that he was not swom when proe!a- ortwo, and went to church, according to the mation was made in the council-chamber; and usual course ; and wben we had been there a I think there was but one proclamation made while, alderman Rippon came to me, and dethere, the next was made after, and that was sired me that I would go down with them to in the ball: now, with submission, that does the hall; accordingly I did go down, and there not affect those that were in the council-cham- was Mr. Wild and several alliermen sat there; ber, because they did not hear the proclama- so then they proceeded to that that was done tion ; now the information is laid, that they towards an election. continued after the proclamation; therefore Mr. Lovell. Pray, Sir, how was their carwe must leave it to your lordship and the jury. riage during the time you was there ?
L. C. J. Well then, gentlemen of the jury, Serj. Biglund. I sat then in the councilthis case has held long, but the question is very chamber, I think I sat next the mayor, and short: here is an information exhibited by Mr. Mr. Edge, I think, was next to me, and I saw Attorney General against the defendants, which nothing of disorder at that time, that I took by particular names are by some of the wito notice of. desses sworn to be present when the occasion Mr. Lovell. Was there any proclamation of this fact did arise.
made for people to depart? Mr. Coombs. Pray, my lord, give me your Serj. Bigland. Upon the oath that I have favour, here is one of the defendants says, he taken, I do not remember it. has a witness th prove he was not there ; it is L. C. J. Pray did the mayor ask your advice Mr. Turpin.
about any thing? L. C. J. Reynolds, upon your oath, did yon Serj. Bigland. Yes, my lord, be did ; and I see Turpio there?
said to him, in what capacity, Sir, do you desire
my counsel, as recorder, or how ? and so he Edge. I did tell them so. Mr. Sacheverell said no more to that : but he said there was a and the other gentlemen would have gotten me new charter, but whether he desired me to read to poll in the vestry in tbe absence of the it or no, I cannot tell.
mayor, but I told them I would not have any L. C. J. Was it opened ?
such thing done; and when the old mayor Serj. Bigland. Some part of it was opened. went out of the council-chamber, they would
L.C. J. Upon your oath, did you hear Mr. have had me read the oath. Said I, gentlemen, Sacheverell speak to the mayor ?
I will not swear bim but in the mayor's preSerj. Bigland. No, my lord, I do not remember any such thing.
Mr. Ward. Did not Mr. Sacheverell head L. C. J. Pray let me ask you, you have them all the day ? been, before this, at elections of mayors of this Edge. He was among us all the day. town?
Mr. Ward. Did he peruse the charter ? Serj. Bigland. I was deputy-recorder in my Edge. I can't tell that. lord marquis of Dorchester's time ; as soon as L. C. J. They that once begin first to trouble he was dead, I was chosen recorder, and then I the water, seldom catch the fish. was at one election at another day, when they Mr. Hutchinson. My lord, I desire I may do nominate, which is before Michaelmas. ask Mr. Edge one question, whether I was not
Mr. Holt. Pray Sir, was there any distur- sent to the mayor, and did not go myself? bance?-Serj. Bigland. None that I saw. Edge. Upon the best of my knowledge I did
L.C. J. Was there any shouting that you not send you to the mayor. heard ?
L. C. I. I thought, Mr. Hutchinson, you Serj. Bigland. I was not in the ball, my had been a man of greater quality than to go lord; in the council.chamber there was none. of his errands. Have you done, gentlemen ?
Just. Holloway. Did you hear any body cry Mr. Holt. Yes, my lord. A Greaves, A Greaves ?
L. C.J. Then, gentlemen, as I said, this is Serj. Bigland. I heard a noise in the hall, an information against several persons, you but what it was particularly, I cannot say. shall bave the names of them delivered to you,
Mr. Holt. How long did you stay in the and it is for a riot, an unlawful assembly in council-chamber ?
Nottingham; and though there are two times Serj. Bigland. I believe I staid as long as that have been spoken of, and two places in the most of the company was there.
evidence, yet I must tell you, that that part L. C. J. Did you stay while Greaves was that does affect these persons is only that which sworn ?
does, relate to Michaelmas-day, and for the Serj. Bigland. My lord, I believe I was other part, about the cross, is not comprised in there then.
this information; and persons that were put at L. C. J. Pray what authority had you to the cross, but that were not put at the hall, are swear Greaves ?
not concerned in this information : But all, it Serj. Bigland. All that I know of it was, he appears, were concerned, except one, which is was nominated at August according to custom. Humpbry Barker ; now though he was bop
L. C. J. But what occasion bad you to be ping and jumping upon the cross, yet not being present then, and what authority bad you to present upon Michaelmas-day, he is not within swear him ? You are a gentleman of the long ibis information. robe, and should bave known better.
And now, gentlemen, because the cause has Serj. Bigland. Truly, my lord, he was cho held something long, I shall be the shorter : sen by those that had a right to chouse in Au- Only, for example sake, there are some things gust before.
that ought to be taken notice of. The rigbt of L. C. J. But what authority bad you to the charters, whether it be the new, or the old swear him? Why did not you send for some charter that is to prevail in point of law, is not body out of the street to swear him ? I reckon a question : that is not to be determined in this it to be worse in these people that understand cause one way or another, for they have a methe law, than in others, that they should be pre- thodical way to have that point determined, sent at such things, and not advise people bet- and should not have proceeded in the way they ter ; here is serjeant Bigland and Mr. Edge went; and it is pretty well known they have have mighty squeamish stomachs as to the read. proceeded in that way too, for we know there ing of the charter, and nice questions ; Do you are Scire Facias's and Quo Warranto's dependask me as Recorder, or as counsel ? But they ing between them. They would have done would have done well to advise people to med well to have pursued the legal course only ; dle with their own business; let my brother for I hope, we shall never live to see that law take that along with him..
prevail in England which is called club-law: Mr. Pollerfen. Pray swear Mr. Edge. Let the right be never so much on their side, [Which was done.)
they ought to take a rightful way to observe it, Edge. My lord, I did not swear him. and not by any unlawful means. Just. Holloway. Pray who took the poll ? Another thing, gentlemen, is this; they inEdge. I took the poll.
sist upon it, that they could not be guilty upon Just. Withins. Pray did you ever know a tbis information, because the mayor was not mayor sworn when the old mayor was nbt by? sworn. It is plain they are guilty of a very great crime, because till another was chosen, meeting of all sorts of people, and all sorts of he was mayor. They say their mayor was disorders must be coinmitted under pretence of sworn regularly according to the old cbarter ; this authority; which is setting up a kind of but according as the evidence has been given, commonwealth, I can call it no better; and they could not swear him by any pretence had it been such a general assembly, not with whatsoever ; and whosoever administered the an intent for doing such one particular puroath to him, were guilty of a very great fault, pose, it had been bigh-treason. For if people as well as be that took it.
once think to obtain the rights they pretend to Now, gentlemen, the law is so direct in in a mutinous manner, that in the general is point, that they needed not to have gathered high-treason, or at least so near, I will assure themselves into an assembly about this matter; you it is pretty hard to distinguish between been rightfully emocente mayor, they had a re
. Now, gentlemen, as to the evidence, I must gular course to have brought him into this tell you the witnesses do swear, that all these office; for they might have come, and of right persons were present, abettors, and assistants bave demanded a Mandamus to admit and in this matter; the man that headed the party swear him into the office, and so he must have bad no manner of concern among them : and been sworn mayor, unless they had shewed surely, after you have heard all this matter, if good cause to the contrary.
ever there was a riot proved in this world, this Gentlemen, there is no right but has a law- riot is plainly proved upon every one of these ful remedy, therefore it had been much better men except Barker. for these gentlemen, if they have a right, to But whereas they pretend on the other side, have gone in a rightful way to obtain that and they would have you to believe that the right.
sheriff was not sheriff till he was sworn, surely Now this being premised, I must tell you, it he was sheriff till another was sworn: and if is very unfortunate, concern it whom it will, you allow him to be sheriff, then they ought and very strange to me, that men in matters of not to take his mace from bim, if he was the government, where they have nothing to do, sheriff de facto, in possession of the ensign of that are country gentlemen, that never came this office, that is enough ; for the right is not to interpose in any election before, that they to be determined in such a way as this. should come to busy themselves, and head The next thing they pretend to is this, a-lackpeople where they have nothing to do; nay, a-day, there was no proclamation made till after they have no pretence of precedent, for it was he was sworn mayor by the new charter, when dever practised before.
before he came first into the common-council, If in case it was only to satisfy their curio- the hubbub was there begun, and the mayor sity to see the manner of the election, they had told them, gentlemen, you have nothing here been only there, and patient and quiet, it had to do, pray go about your business; and when been something; but to be there, and to de- | Mr. Sacheverell pressed him, he ordered promand people to be sworn, and calling people to clamation for all persons that had nothing to look to the books, and heading the mobile, that do, to be gone. Then afterwards he comes does not become any man, let him be as great into the hall, there is sworn in the hall, and as be pleases: the greater the man, the greater takes his oath according to the new cbarter, his name; and the greater his influence, thc and still after proclamation made; then the greater bis offence, and the greater ought to same persons continue still in the same place, be his punishment.
so that there is no obedience given either to the Then, gentlemen, to have those other per- old authority or the new; and instead of going sons to come there, Mr. Hutchinson and Mr. away upon ibe proclamation, that made them Gregory, and they must be demanding of the the more violent ; for you find by Mr. Edge, mayor to come and swear; pray what have the last witness, that even to the time of the these people to do there?
swearing, Mr. Sacheverell continued very earnThen, gentlemen, you see the consequences est to bave him sworn, though Mr. Sacheverell of it, it was come to that height in the midst was shewn the new charter, and they could of this great and populous town of Nottingham, not even by the old one proceed to swear him that nothing but flinging up hats, and hollow- in the absence of the cld mayor; and the old ing, and shouting, and making all the distur: mayor was absent. bance and interruption in the world; nay, in- There are indeed several gentlemren that are somueb, that you may observe by one of the witnesses for the defendants, that happened to witnesses for the king, the very seal was broken be there at that time; there is sir Thomas Paroff from the new charter. Nay, to that height kyns, and he being asked whether he heard they were grown, that whereas there was a any noise at all, why truly he forgot that there mace, that is an ensign that doth belong to the was ever a word spoken; and though other sheriff, they came and ravished it away, and persons, even some of their own witnesses, did force it from him, and take it away whether he hear a noise, yet he heard none, but all was a would or no, and bid him go about his business, wonderful regular thing;
so that the witnesses be had nothing to do there: so that here are that they themselves called, interfere among people without any authority choose a mayor, themselves, some of them say they did hear a that mayor must call and assemble together a noise and shouting, yet such is the unhappiness of some people, that they cannot bear if they night, the next morning it was given in open have no mind to it. Then bere is Mr. Thinn, court, where they found twenty of the twentya gentleman that came by accident, and he one defendants that were in the issue, guilty can give no good account of the matter : some of the offence and misdemeanour in the infor noise he did hear, but be came but as a stranger, mation ; and the other defendant, Humphrey and was not concerned one way or other, as Barker, Not Guilty. he says: You have heard several other witnesses, that
In Trinity-Term following, the Defendants, gire an account there was a noise, but they who had been found Guilty, were sentenced, cannot tell whether the charter was produced, as follows: or not produced; and they cannot tell one word that was said of A Greaves, or No New Charter: William Sacheverell, fined 500 Marks. And one particular man, I have forgot his name, George Gregory
300 he could not by any means remember any
200 thing of the matter; though he was there John Greaves
20 Nobles. all the wbile, he could not tell what Mr. Sache. William Greaves
20 Marks. verell said, he did bear bin, but not what he Samuel Richards
20 This, gentlemen, is the substance of the evi- Francis Salmon
5 Nobles. dence: I can only say this to you, you must
20 Marks. believe all the witnesses for the king actually Ralph Bennet
20 Nobles. perjured, unless you believe their evidence";
- 100 Marks. and for what others say, that they did not hear William Wilson
100 such and such things, yet all these other peo
20 Nobles. ple did hear; and though the witnesses for the Thomas Trigg
20 Marks. defendants did not see, the others did see; and Richard Smith you must find these men without any evidence John Hoe
20 Nobles. that does appear, to be guilty of wiltul perjury,
20 or else every person that you have had in Joseph Turpin
100 Marks. charge, except Humphrey Barker, is guilty Nathaniel Charnel
100 of the riot whereof they have been informed Joseph Astlin
And that the several defendants do give seThen the jury withdrew, and the court broke curity for their good behaviour for a twelveup, and a private verdict being delivered in the month.
The Case of the Corporation of NottinGHAM, as it was stated
by the late WILLIAM SACHEVERELL, of Barton, esq. THE town of Nottingham hath always mayor and bailiffs the town continued till Henry claimed to have been a borough by prescrip- 6th's time, who was pleased to make it a tion. And it cannot well be doubted that it county, and grant them sheriffs instead of hath been so ; for that it appears by Dooms- bailiffs, and the privilege of choosing out of day-book, in the time of king William 1st, themselves seren aldermen, and one of them that the burgesses of Nottingham then had annually to be mayor ; and that the aldermen divers houses and parcels of land in Nottingham; (as long as they so continued) should be jusand the burgesses of that town were i73 in tices of the peace within that town ; and number in the time of Edward the Confessor. moreover, that the burgesses of the town of
That town bath also always claimed to have Nottingham should for ever be a body corbeen a corporation by prescription. And it is porate by the name of mayor and burgesses. hard to believe it otherwise ; because no char- Nor hath any charter since, nor any bye-law ter of its first incorporating could yet be found ; that can be heard of, given the aldermen any and the charters granted to the burgesses of more power than they had by that charter, that town by king Henry and, and king John, which was then nothing more than every burdo imply them as a body corporate before gess of that town had except being justices of those times.
the peace, and wearing gowns and hoods. So Yet it appears by the charter of king Edward that the aldermen, though of late they have the 1st, that there was no mayor of that town taken upon them to sit as members of the counbefore his reign ; for that he then was pleased cil of that town, can neither prescribe to tbat to gránt the burgesses of that town a privilege, power, because there were no aldermed in that that they then after should choose à mayor town before king Henry 6th's days; nor can out of themselves annually; and some of their they claim to be of the council of that town former charters, as well as that, shew that for by force of any charter, for no charter either some time before they had only bailiffs of that in Henry 6th's time, or since, hath granted towa. From Edward the išt's time, under them any such authority, nor did they pretend