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(which is in Bristol as the Exchange here) we supposed 20 men might be sufficient for each post, and the remainder for the main guard, out of which might be spared four or six files to be constantly marching about, and to assist where there might be occasion. The method we designed for the raising of 200 men in and about the city was thus, first to find out 30 men, two for each post, and four for the main guard, who might be able each of them to procure six, and to command them, which would have made 14 for each post, and 28 for the main guard, to whom the Taunton men should be added, viz. six to each post and the remainder to the main guard, who should have come in the day before, some at every entrance of the city, and lodge themselves at inns and alehouses as near the posts they were appointed for as they could: each man being to know his post and commanders before they came, the Bristol men to lodge themselves and arms, with arms for the Taunton men, in an house as near as possible to their posts, and to send one out from each post between three and four o'clock in the morning to observe the motion of the watch, and to advise as soon as they were gone off, that they might all immediately repair to their respective posts, calling the Taunton men, and as soon as they had gained their posts, to send out a tile of musketeers to fetch in such and such men in each of their divisions as they should have had an account of before, and convey them to the main guard, which in the 14 divisions would have been about sixty persons, commission-officers and others; then to fetch in all the arms and ammunition they could find, which two things being done (as we supposed might be in a little time, and without any opposition, the posts being so near each other, that it would have been impossible for any number to get together) we resolved next to declare the reasous for our taking up arms, and to encourage all to come in to us that we could trust, not doubting but we should soon have had many thousands in the city, and out of the adjacent counties, Gloucester, Somerset and Wilts.

The Reasons why I did not come in, &c. When the news of the discovery first came to Bristol, and some time before, I was in some trouble by my creditors, and forced to abscond, though thought I had sufficient to pay them, only desired time to get in my effects, their mercy I feared more than your majesty's, and thought if I should come in and find mercy with your majesty, I could at first expect no better than a prison, and if from it discharged by your majesty, to be kept in by them upon account of my debts. Secondly, hearing there was very many, in and about Bristol, supposed to be concerned, and I, though knowing so much, being able to prove so little against any man, but such against whom there was sufficient proof without me, feared that if should come in more would be expected from me than I could prove, and so might fail of

mercy, it having been our resolution not to discover the design to any of our friends till the managers had agreed both upon time and method, therefore considered how to make my escape, there being then a strict search in all ports, thought best to continue in England for some time, till the heat might be over, and so got an ordinary habit and a little horse about 40s. price, and travelled the country as a man dealing in wool, in Gloucestershire, Oxfordshire, and Somersetshire, till about the middle of August, then repaired towards Bristol, and by letter, with my wife's assistance (all other friends thereabout fearing to act for me) prevailed with a poor man who had a small boat about ten tons, for 201. reward, and the like per month, for six months, to go with me for France, and from thence to the West-Indies, or where I would, my name being then in no proclamation or declaration, if it had I should not have prevailed with the man to go with me. So the 23rd of August sailed from King's Road for Rochell; the 25th proving bad weather, cracked our mast, and so put into St. Ives, in Cornwall, where we staid till the 4th of September, then put out again for Rochell, but meeting with contrary winds was forced into several places in France, and gained not our port till the 17th. In Rochell, I loaded her with brandy and other goods, and the 4th of October sailed from thence for the West Indies (being willing to know how my concerns lay there, that my creditors might have their own, though I knew I might be much safer in in France) and arrived at Barbadoes the 11th of November, there I heard of my name being in the Gazette, therefore staid but two days landing part of my cargo, from thence I went to Antigua, where I lan led and disposed of the remaining part, staying there about 10 days; but it being too soon for the crop, and my charge being the same, lying still or going farther, also thinking it not safe to lie long there, resolved to see the rest of the Carribby Islands, and so went down to Mounserat, Nevis, St. Christopher's, St. Eustatia and Anguilla, and so back again to St. Christopher's, supposing that to be the safest place, I being known to none there, where I staid about three weeks. About the 14th of January I wrote to my factor in Nevis about what was due to me, who on receipt of my letter discovered me, so that sir William Stapleton presently sent his warrant to St. Christopher's to apprehend me, but before it came I was gone down to St. Eustatia, expecting to meet my vessel there, which Í had sent up to Barbadoes, and it being known where I was gone, the deputy governor of St. Christopher's sent five men with his warrant after me, to whom on sight thereof I submitted, though had an opportunity and might have escaped, but was rather willing to cast myself at his majesty's feet for mercy, than live such a life any longer, not daring to appear where there was need of me (among my factors) who I doubt will take too much advantage by my troubles for my creditors' interest. In Nevis I

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was kept a prisoner 13 days, where I promised sir William Stapleton that I would make what discovery I could, giving him the names of some who I had acquainted with it in Bristol, which I suppose he hath given an account of, desiring him that it might be kept private, for if it was known they would have advice of it; but it was not kept so private as I expected, for the night I came off I was told of it, therefore suppose they were advised by a Bristol ship that came away before us, by which I wrote not a word, I suppose she might be at home long before us, we being nine weeks and five days. All that I can say against any of them, except William Wade who is before-mentioned, is that I acquainted them with the business, as I believe many thousands in England were, and do suppose they would have been concerned. Hereunder is an account of many other persons that I have heard was concerned in the design for an insurrection, which is all that I can call to mind of any thing material that ever I heard concerning the Plot.

Here he mentioned the names of several

Persons.

Now if your majesty is graciously pleased to spare me, it will be a sufficient warning to me for ever meddling in things of that nature again and I hope I shall have the opportunity

of serving your majesty and my country in the promotion of that which brought me into this, and cost me many hundred pounds, with some years' pains to bring it to that perfection I did, viz. the linnen manufacture, which many honourable persons about your court have heard of, and I can make it appear that it will employ near 80,000 poor people and 40,000 acres of land, and bring in and save your majesty near 200,000/ per ann.

Another thing which I think I may serve your majesty in (abroad) is this, when I left England I knew there was many who were in trouble about their opinions would willingly have left England if they knew where to go, that they might have liberty. There is a very fine island in the West-Indies, good land and well watered, which, by such people, would be soon settled and prove a great advantage to your majesty and successors, for it would soon exceed any island, except Barbadoes and Jamaica, it lies so near a bad neighbour, the Spaniard Portrico, that except a considerable number go together, it will be dangerous living there; but if no great alteration in affairs since I left England; with your majesty's leave, enough might be prevailed with to go and settle it at once, which will not only serve your majesty as before, but clear the nation of some hundreds of disaffected people.

306. The Trial of WILLIAM SACHEVERELL, and Nineteen others, at the King's-Bench, for a Riot committed at Nottingham: 36 CHARLES II. A. D. 1684.* THE Defendants having before pleaded Not Guilty, were brought to their Trial on the 2nd of May, 1684.

Which was done, and the twelve being sworn to try the cause, being gentlemen of the county of Kent, were these following: Sir Humphry Miller, sir Henry Bosvile, William Lambert, Charles Wheeler, Richard Marsh, Edw. King, Humphrey Stiles, Walter Hooper, James Mas. Cl. of Crown. Gardez vostres challenges.' ters, Richard Britton, Ralph Petty, and EdSwear sir Humphry Miller.

Cl. of Crown. Call the defendants, William Sacheverell, esq. and others.

Mr. Pollexfen. We appear.

*This was one of the numerous litigious proceedings, which arose out of the attacks upon the Charters of Corporations throughout the kingdom, to which attacks the crown was encouraged by the success of the Quo Warranto against the City of London. (See the Proceedings in that Case, vol. 8, p. 1039). Perhaps the object which originally excited that attack, was the power of nominating Jurors, by means of the right to appoint sheriffs. (See Note to lord Shaftesbury's Case, vol. 8, p. 785). But it must have been very soon perceived that the nomination of the whole magistracy of the kingdom, and of a majority of the House of Commons, might be secured by the same

means.

Roger North (Life of Lord Keeper Guilford, vol. 2, p. 104, 8vo edit. of 1808) tells us, that "this trade of Charters ran to excess,

ward Bathurst.

and turned to an avowed practice of garbling Corporations, in order to carry electious to the parliament, and a Committee of Council was appointed to manage the Regulations as they were called; and there was an itinerant crew of the worst of men that wrought in the towns to be regulated under the direction of the committee. These were termed Regulators, and according to their characters and designations, mayors, aldermen, recorders, common councils and freemen, were modified and established.”

See, also, sir John Reresby's Memoirs to which Mr. Hume (Note to p. 263, vol. 8, of his History, edition of 1807) refers, when he admits that the transfer of the right of election from the people to magistrates named by the crown, was in reality nothing different from the king's naming the members; and he notices that the same act of authority had been

Cl. of Cr. Gentlemen of the Jury, hearken esq. Henry Plumptree, esq. Charles Hutchinto the Record: 'son, esq. John Greaves, gent. Wm. Greaves, Sir Robert Sawyer, knt. his majesty's At-gent. Samuel Richards, Rob. Green, Francis <torney-General, has exhibited an Information Salmon, Arthur Richards, Ralph Bennet, in this court against Wm. Sacheverell, esq. 'John Sherwin, William Wilson, clerk, SaGeorge Gregory, esq. Richard Mansfeild,muel Smith, Thomas Trigg, Richard Smith, their turn, having the mayor and major part of the court of aldermen for them already, they intend to surrender the Charter of the city of London.

employed in all the boroughs of Scotland. Yet has the Prince of Orange been blamed for not summoning to the Convention the members of king James's Parliament.

In the Cases of the Quo Warranto against the City of London, already referred to, and that of Pilkington and others (vol. 9, p. 187), and in the Notes to those Cases, are mentioned many particulars of the distractions which prevailed in the metropolis. (See, too, as to Southwark, the Case of Slingsby Bethel, vol. 8, p. 747).

The following Extracts from Narcissus Lut. trell's "Brief Historical Relation," MS. in the library of All-Souls' college, Oxford, throw farther light on the proceedings against Corporations in general, and the distractions of the city of London in particular:

"Nov. 1682. Some days since, a person unknown, came to the house of Mr. John Dubois, who stands in competition to be one of the sheriffs of London, and left there a packet for him, wherein were inclosed several treasonable and seditious libels; a while after, the same fellow came again and brought another packet, and then he was served and carried before the lord mayor, who, on proof, committed him to the Counter; about two or three days after, he was admitted to bail, himself in 2001. and his bail in 100l. each; two or three days after, the sessions coming on, a bill was found against him, and he and his bail being called for, neither of them are since to be heard of: this is looked upon by some as a happy deliverance to Mr. Dubois, for undoubtedly had the papers been lodged there, Mr. Dubois should quickly have been searched for the same, and it would have been construed to be a new design against the government, for the papers contained matters of dangerous importance, some were libels against the king and others, and there was, as is said, a paper of advice to Mr. Dubois, as sheriff, to raise the posse comitatus to meet an army to have come out of, &c. to oppose a arbitrary power. The Dissenters have been prosecuted lately more violently than ever; for now the churchwardens of most parishes have presented them to the ecclesiastical courts, who have proceeded against them even to excommunication, whereby several hundreds in London have been sent to the Devil; but this is made use of only as an engine to serve a turn, which is, St. Thomas's day approaching, whereon the common council men for the city of London are chosen; this, as is said, is to incapacitate Dissenters to vote for any one, whereby if the Tory-party can procure such a common council as is fit for

"Sir George Waterman, alderman of the Bridge-ward, being some time since dead, the lord mayor gave out summons for the choice of an alderman in his stead. The competitors on one side were deputy Daniell and sir Wm. Russel, on the other Mr. Papillon and Mr. Shute; but the majority being greatly for the two last, the lord mayor was pleased, in the midst thereof, to adjourn the poll.

Farringdon, having laid down his gown, the "Mr. Pilkington, alderman of the ward of lord mayor was pleased to issue out his precept for a new election of an alderman of that ward; the competitors were the lord mayor and sir William Turner, on part of the aldermen on one side, and sir John Lawrence and sir Robert Clayton, on the part of the aldermen on the other side. In behalf of the commoners on one side, were Mr. North and Mr. Rich, the two sheriffs; on the other side, were Mr. Dubois and Mr. Hawkins, a scrivener; the choice being doubtful, they came to a poll, and there was six or eight commissioners appointed to inspect the same, who would admit no one to poll that was excommunicated, or that would not take the oaths of allegiance and supremacy, which were tendered to them; a thing much wondered at by some, as new and without any precedent in such cases; how the choice will fall is yet uncertain, though most think the Tory party will carry it, having by this new device excluded all the Quakers, who will not swear at all, and several of the most moderate persons will not poll at all, as not liking such impositions.

"The election for the alderman of the ward of Farringdon Without being over, and Mr. North, one of the sheriff's of London, being returned to the court of aldermen, as duly chosen, and sworn accordingly, these things are remarkable in the management of the affair: the oaths of allegiance and supremacy imposed on every voter; the commissioners that tendered them notoriously known to be violent persons for the Tory party: then the several days adjournment and delaying of the poll, and keeping the poll-books open, whereby at first the Tories finding the Whigs had much the majority, they delayed the poll to seek for unknown persons to balance the poll, whereof there were several of the inhabitants of Whitefryers, attornies of Clifford's-iun, who never used to vote, and divers who live not in the ward, nor pay to church and poor: the Whig party finding things thus managed, several of them went and petitioned the lord mayor and

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John Hoe, William Smith, Joseph Turpin, 'Nathaniel Charnell, Humphrey Barker, and Joseph Astlin; for that whereas the 29th day of September, in the 34th year of the king, there was an Assembly at Nottingham, in the 'county of the said town, duly summoned and 'called, and met before Gervas Wild, then 'mayor of the said town, for the electing and 'swearing of a mayor of that town, for the • execution of the office of mayor of that town for the year then next following, according 'to the effect and tenor of certain letters patenting the king's peace; and that nevertheless,

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court of aldermen for a scrutiny of the poll; (which was denied though hardly ever known before); by these practices Mr. North had the majority by about 30.

His majesty hath been pleased to make an order in council against merchants' spiriting or kidnapping away young children, and directing them how to proceed for the future in taking any persons they send beyond sea.

in that behalf before granted, by our sovereign lord the king that now is, unto the mayor, aldermen, and burgesses of the town of Nottingham, in the county of the said town; and 'that in that Assembly the said Gervas, being then, as aforesaid, mayor of the said town, began to proceed to such election; and that then and there the said mayor made, and 'caused to be made, a public proclamation for 'the departure of all persons from that election that were unconcerned therein, and for keep

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May, 1685. About this time, persons were very busy in elections of members of the House of Commons to serve in the ensuing parliament; great tricks and practices were used to bring in men well-affected to the king, and to keep out all those they call Whiggs or Trimmers. At some places as Bedford, &c.. they chose at night, giving no notice of it; in other boroughs, as St. Alban's, they have now regulated the electors by new charters, in putting the election into a selected number, when it was before by prescription in the inhabitants at large. In counties, they adjourned the poll from one place to another to

"The election for an alderman of Bridgeward, in the room of sir George Watermian, deceased, is at last, after several adjournments, come to a decision: It was by most persons thought the choice would fall on Papillon or Shute, but by their excommunications and call-weary the freeholders, refusing also to take ing in divers to poll who had no right, the choice is said to fall on deputy Daniell, by seven persons only; though others say, notwithstanding such irregular proceedings, the two first had the majority by 25; however, Daniell is alderman de facto of that ward.

the votes of excommunicated persons, and other dissenters; noblemen busying themselves with elections, getting the writs and precepts into their hands, and managing them as they pleased; King commanding some to stand, and forbidding others, polling many of his servants 1683. Mr. Thomas Hunt, a gentleman at Westminster to carry an election: foul reof Gray's-inn, having writ a pamphlet intitled, turns made in many places, and where genA Defence of the Charter of the City of Lon-tlemen stood that they called Whigs, they don,' &c. showing that neither the charter of offered them all the trick and affronts ima.. the city of London, or of any other corpora- ginable. tion, is forfeitable by law, wherein are several bold passages, it has been censured as a libel, and he absconds.

"Mr. Sacheverell hath preferred an information against the persons that surrendered the Charter of the town of Nottingham, but Mr. Attorney General would not at first allow it should be received.

"Feb. 1683. The Corporation of the city of Norwich, having some time since surrendered their Charter, have, as is said, lately petitioned his majesty to have it again.

"June, 1687. The Lord Chancellor dined. lately in the city, and was pleased to discharge three aldermen on their own desire, sir Thomas Griffith, sir Benjamin Newland, and Mr. Peter Pallavicin, and he told them his majesty had. given the city the privilege to choose their sheriffs as formerly, and that the lord mayor might drink to one as Sheriff, free or unfree of the city, and that he should either fine or hold.

"June 17. The lord mayor and aldermen have been at Windsor to thank his majesty for his grace and favour to them, in permitting them to choose their sheriffs.

"June 13, 1684. The Nottingham Rioters came to the court of King's-bench to receive their judgment: Wm. Sacheverell was fined "July 12. The city of London have re500 marks; Mr. Gregory 300; Mr. Hutchin-ceived lately above 8,500l. for fines for sheriffs son 200; and the rest according to the va- and aldermen." lue of their estates, and that all of them find sureties for their good behaviour for a twelvemonth.

"July, 1684. The mayor, aldermen and common council, of the city of Durham, have surrendered their Charter into the hands of the bishop of Durham, who has reserved to himself and his successors in that See, the power of approving and confirming the mayor, recorder, aldermen and common council of the city. Oh, tempora !

VOL. X:

Sprat (in his Second Letter of Excuse to the Earl of Dorset, edit. 1711, 8vo. pp. 16, 17, as cited in the Biographia, article Sprat) says, as I understand hin, for his language is not so unequivocal as might be, "that under king James a Quo Warranto was actually issued out against the Royal Church and School of Westminster." See some account of Sprat in the Introduction to the Trials for the RyeHouse Plot, vol, 9, p. 362, of this Collection. D

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they the said William Sacheverell, and the rest of the defendants, being persons well knowing the premises, and unconcerned in that election, but being ill-disposed persons, and to disquiet, molest, and trouble the peace of our lord the king that now is, and the common tranquillity of that town, and the 'aforesaid election wholly to hinder, did during the time of the said Assembly, and after public proclamation made as aforesaid, viz. the 'said 29th day of September, in the aforesaid 34th year of this king, at the aforesaid town of Nottingham, in the county of the said town, with force and arms, &c. riotously, routously, unlawfully, and seditiously, together with many other ill-disposed persons, and disturbers of the peace of our said lord the king, to the number of 500 persons, to the said * attorney-general as yet unknown, assemble, congregate, and unite themselves together, and themselves together continued, to disturb the peace of our lord the king that now is; and that then and there the said William • Sacheverell, and the other defendants, the 'aforesaid unlawful and ill disposed persons so 'assembled, congregated and united then and there, with force and arms, &c. riotously, routously, unlawfully, tumultuously, and se'ditiously, by the space of 7 hours, to disturb the "peace of our said lord the king, and to continue the said riot, did excite, move, persuade, and procure, and then and there, by the whole 'time aforesaid, made, and caused, and excited *to be made, great rumours, clamours, terrible 'shouts, and unusual noises; and then and there, with force and arms, &c. riotously, routously, unlawfully, and seditiously one mace, being the ensign of office to the sheriffs of the county aforesaid belonging, from one 'John Malin, the said John Malin being then * one of the sheriffs of the town and county of the town of Nottingham, against the will of the aforesaid John Malin, took, had, carried away, and detained, to the inciting of great 'danger, and moving of tumults, and effusion of much blood, to the great terror, disquiet, and fear of all the liege subjects of our said lord the king, to the evil example of all others in like case offending, and against the peace ' of our said lord the king, that now is, his 'crown and dignity.' To this Information all the Defendants but Richard Mansfeild and Henry Plumptre, have pleaded Not Guilty, and for trial put themselves on the country. But the defendants have alleged that the inhabitants of the town and county of the town of Nottingham ought not to be drawn out of the said county, and that the county of Kent is the next county to the county of the town of Nottingham, and therefore have prayed that a jury of the county of Kent might try the issue; to which the king's attorney has agreed: and you being freeholders of the county of Kent, and returned, and sworn to try this cause, your charge is to enquire whether the defendants, or any of them, are Guilty of the offence in this information, or Not Guilty, and if you find

them, or any of them guilty, you are to say so; and if you find them, or any of them not guilty, you are 'to say so; and hear your evidence.

Then Proclamation was made for evidence in the usual manner.

Mr. Holloway. May it please your Lordship, and you Gentlemen of the Jury, This is an Information preferred by Mr. Attorney General, against William Sacheverell and others, for a most notorious riot: and it sets forth, that upon the 29th of September, in the 34th year of this king, at the town of Nottingham, there was an assembly duly summoned before Gervas Wild, then mayor of the said town, for the election and swearing of a new mayor of the said town for the year ensuing: that the mayor began to proceed to election, and made proclamation for all persons to depart that were not concerned in the election, that the defendants being no way concerned in the election, but being ill disposed persons, to disturb the peace of that place, and set the town together by the ears, did in a riotous manner assemble themselves with many other ill-disposed persons, to the number of 500, and continued in their riot for the space of seven hours, with a great deal of noise and tumult, and with force and arms did riotously carry away and detain a mace from one John Malin, then one of the sheriffs of the town, against his will, to the great terror of his majesty's subjects, and to the evil example of all others in the like case offending, and against the king's peace. If we prove all or any of these defendants who have pleaded Not Guilty, to be Guilty, you will find them so.

Mr. Recorder (sir Thomas Jenner). May it please your Lordship, and you Gentlemen of the Jury, I am of counsel in this cause for the king: This is an Information against a matter of 21 persons for being in a notorious riot, and continuing in it for two days together. If it please you, Mr. Sacheverell he is in the front of them, and he and seven more of these defendants, very considerable persons, were not at all concerned either by any old charter, or by the new charter in this election, but mere strangers, and yet they must needs come on purpose to inflame and set on the others. I shall name them that were not concerned in the election, William Sacheverell, George Gregory, Charles Hutchinson, William Wilson, clerk, Joseph Turpin, Nathaniel Charnell, Humphrey Barker, and Joseph Astlin. These persons, gentlemen, had no manner of pretence to be at this place upon the account of an election. The matter of it was thus: Michaelmasday, 1682, the mayor that then was, Gervas Wild, was at his own house, with some of his brethren, in order to go to church that morning, according to the usual custom of that place, at the day of election; but having notice that there was a charter coming down, and expected every moment, truly the other side, Mr. Sacheverell, and the rest that were there, for he was present himself, were very zealous

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