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Burroughs. No, I did not.

L. C. J. Did you do it over your head?
Burroughs. It may be I might.

Just. Holloway. Were you by, when Greaves was sworn mayor?

Burroughs. No, I was not.

Mr. Holt. Well, what say you to this matter, Parker?

Parker. Going by the street, I met the new charter coming down, Reynolds brought it; so I turned back again to the mayor, and after he had received it, pray, says he, go up and tell Mr. Sacheverell, and some of them, that they will come up to the church, and if they will but stay there a-while, we will come to them so I, and another, and two or three more, went up to the church, and told them the mayor would come and wait upon them, and bring the new charter; upon that Mr. Sacheverell looked upon his watch, and staid a considerable while, and looked again upon his watch, and I heard him say he had staid above an hour, and presently a message came from the mayor, desiring them to come down to the Town-hall to wait upon the mayor. Mr. Stanhope. Who did the messenger direct his speech to?

Parker. I suppose it might be to alderman Edge and serjeant Bigland. Says Mr. Sacheverell, we will go down, and see what they say to us so they went down, and we went with them; they got many of them into the council-house, but I could not; so I stood in the hall, and waited all the while the gentlemen were in the council-house; then there came out alderman Rippon, the mayor, and Mr. Malin, and by and by after them, alderman Parker, out of the council-house, and sat down upon the bench; Mr. Malin had not his mace, and he was asked where it was, and they said they had it in the council-house: so, said they, you had best have a care of your staff; no, said he, before they take my staff, I will break it over their pates; and by and by they proceeded to swear Wild mayor, and they were about to give him some of the oaths, I suppose of allegiance and supremacy; but before he said any thing, there came two of the councilhouse, and told him, they had elected Mr. Greaves mayor, and desired the mayor, and the rest, that they would please to come and hear them swear the mayor; he said, he could not come; but come, come, says he, we will go on, and upon this they proceeded to give Mr. Alderman Wild the oath, and when they had gone half way in the oath, somebody came and cried out, they were swearing Mr. Greaves mayor, and upon that both parties gave a shout, and one cried, A Greaves! A Greaves! and another cried, A Wild! A Wild! And upon this, alderman Rippon had the new charter by him, and he took it out; look you, said he, we do nothing but by authority, we have his majesty's order, and the broad-seal, and thereupon sat down again; but somebody told him it was commonly reported they were deprived of their privileges; he said, it was

not so, if it was, he would forfeit his head and his estate: upon that, they proceeded to swear Mr. Wild; the burgesses gave another shout, but not so big as the other; with that alderman Parker went out, and I think, cried, A riot, a riot. They sat a little longer, and it was desired to send for alderman Parker again, no, said they, he won't come, and so they whispered a little upon the bench, and went all down the street, and I went down the hall with them, and in -Street-Gate, they met with alderman Parker; and he was coming to the ball again, and he turned back to the mayor's, and I went to the council-house; but I could hear nothing, only that afterwards at the mayor's they called the gentlemen, and swore them according to the new charter.

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L. C. J. Were you one of the electors ? Parker. No, not I; I was not concerned on any side.

Mr. Pollexfen. Were any of the defendants, Mr. Sacheverell or Mr. Gregory at the shouting in the hall ?

Parker. Not that I know of.

Mr. Farewell. He says, my lord, that the mayor sent to Mr. Sacheverell and them to come from church.

L. C. J. How do you know the mayor sent to Mr. Sacheverell?

Parker. My lord, they directed their speech to the persons that were there, I cannot justly say to whom in particular.

L. C. J. It has been sworn they directed their speech to alderman Edge and serjeant Bigland.

Parker. They told it when Mr. Sacheverell was present, and so he went down with them.

Mr. Pollerfen. But this appears by the evidence, that the Old Corporation is by the name of mayor and burgesses, but we know there were aldermen since, and so it is according to truth, as it is laid in the information; but let them put in their new charter. [Which was done and read.]

Mr. Pollerfen. Is there not a proviso in it, that the mayor should not act till he be sworn? L. C. J. Admit it be so, what then?

Mr. Pollerfen. Then it follows that we must be not guilty.

L. C. J. How so?

Mr. Pollerfen. It is plain, my lord, that this man should not take upon him the office of mayor till he has taken the oaths; then suppose they take it that the old charter is gone, by this there is no new mayor till he be actually sworn; then all these things being done before he was sworn, it cannot be that this was such an assembly as was laid in the information.

L. C. J. You mistake yourselves sadly, the proclamation was after the swearing.

Mr. Pollexfen. No, no, my lord, I am not mistaken in that.

L. C. J. Reynolds, Was not the proclamation made after he was sworn?

Reynolds. I cannot tell, my lord.

L. C. J. Where is the mayor, Wild? Upon

your oath, were you sworn before you gave direction to make proclamation to depart or no? Wild. I cannot certainly tell, but I think the first proclamation was made in the councilhouse, that was before I was sworn; the proclamation afterwards was after I was sworn.

Mr. Holt. Where was the proclamation after you was sworn?-Wild. In the hall.

L. C. J. Did Mr. Sacheverell continue there after you was sworn?

Mr. Pollerfen. Good, my lord, this I think is the fact upon the evidence: in the councilhouse Mr. Sacheverell, and the greatest part of these defendants were, and then they went on to the election of Greaves; and they sent out to tell Wild, the former mayor, when he was in the hall, that Greaves was elected, and did desire him to come in to swear him, but he refused; but when this was done, he was not sworn; but upon this, there was the shout of the people, A Greaves! A Greaves! All this was, as I think, before he was sworn.

L. C. J. The mayor himself says he was

sworn.

Wild. My lord, I was just come into the hall before the messenger came in; but I told them they could make no new election without me, nor at all, because of the new charter.

Mr. Pollerfen. Then as to the business of the mace, I hope the information will not hold to charge us, because then he was not mayor. L. C. J. That does not affect the mayor but the sheriffs, the mace does not.

Mr. Pollerfen. But, my lord, as this information is laid, he says he was mayor, and called an assembly, and it was held before him, and these things were done; but this cannot be true, for by this very new charter he must be sworn before he can act, and this tumultuous proceeding, as they call it, and seizing upon the mace was before he was sworn, and this information supposes all the fact was done while he was mayor.

Mr. Holt. I think it does appear by Wild's own oath, that he was not sworn when proclamation was made in the council-chamber; and I think there was but one proclamation made there, the next was made after, and that was in the ball: now, with submission, that does not affect those that were in the council-chamber, because they did not hear the proclamation; now the information is laid, that they continued after the proclamation; therefore we must leave it to your lordship and the jury.

L. C. J. Well then, gentlemen of the jury, this case has held long, but the question is very short: here is an information exhibited by Mr. Attorney General against the defendants, which by particular names are by some of the witnesses sworn to be present when the occasion of this fact did arise.

Mr. Coombs. Pray, my lord, give me your favour, here is one of the defendants says, he has a witness to prove he was not there; it is Mr. Turpin.

L. C. J. Reynolds, upon your oath, did yon see Turpin there?

Reynolds. Yes, I did.

Just. Withens. Mr. Mayor, did you see him there?

Wild. Yes, I saw him in the hall. Just. Withens. Was he busy in the hall? Reynolds. Yes, he was shaking his bat, and shouting.

L. C. J. Well, now where is your witness? Mr. Pollexfen. Swear Mr. Flaits. [Which was done.] What say you, was Mr. Turpin there ?

Flaits. He was in the hall that day, but not above a quarter of an hour.

L. C. J. You were there, it seems, pray had you a vote there?

Flaits. I went to speak with Mr. Turpin. Mr. Pollexfen. Was he in the hall when the mayor came into the hall?

Flaits. I never saw him there while the mayor was there.

Mr. Pollerfen. I pray swear Mr. Holt. [Which was done.] Pray was Mr. Barker either in the hall, or in the council-chamber that day.

Holt. No, I was at work with him that day from six of the clock in the morning till eight at night.

L. C. J. And he was not out all the time?
Holt. No, he was not.

L.C. J. Well, have you done, gentlemen ?
Sucheverell. My lord, here is Mr. Serjeant
Bigland, I desire he may be examined.
L. C.J. Ay, with all my heart. Swear him.
[Which was done.]

Mr. Pollerfen. Mr. Serj. Bigland, I think you were down at the election of this mayor upon Michaelmas was twelve-month; will you be pleased to tell the court and the jury what was done then?

Serj. Bigland. I will give you as short an account as I can. I was in my house when the mayor and aldermen, sent to me to desire me to give my attendance: they sent the two sheriffs to me, and I did attend, and staid an hour or two, and went to church, according to the usual course; and when we had been there a while, alderman Rippon came to me, and desired me that I would go down with them to the hall; accordingly I did go down, and there was Mr. Wild and several aldermen sat there; so then they proceeded to that that was done towards an election.

Mr. Lovell. Pray, Sir, how was their carriage during the time you was there?

Serj. Bigland. I sat then in the councilchamber, I think I sat next the mayor, and Mr. Edge, I think, was next to me, and I saw nothing of disorder at that time, that I took notice of.

Mr. Lovell. Was there any proclamation made for people to depart?

Serj. Bigland. Upon the oath that I have taken, I do not remember it.

L. C. J. Pray did the mayor ask your advice about any thing?

Serj. Bigland. Yes, my lord, he did; and I said to him, in what capacity, Sir, do you desire

my counsel, as recorder, or how? and so he said no more to that: but he said there was a new charter, but whether he desired me to read it or no, I cannot tell.

L. C. J. Was it opened?

Serj. Bigland. Some part of it was opened. L. C. J. Upon your oath, did you hear Mr. Sacheverell speak to the mayor?

Serj. Bigland. No, my lord, I do not remember such thing. any

L. C. J. Pray let me ask you, you have been, before this, at elections of mayors of this town?

Serj. Bigland. I was deputy-recorder in my lord marquis of Dorchester's time; as soon as he was dead, I was chosen recorder, and then I was at one election at another day, when they do nominate, which is before Michaelmas. Mr. Holt. Pray Sir, was there any disturbance? Serj. Bigland. None that I saw. L. C. J. Was there any shouting that you heard?

Serj. Bigland. I was not in the ball, my lord; in the council-chamber there was none. Just. Holloway. Did you hear any body cry A Greaves, A Greaves?"

Serj. Bigland. I heard a noise in the hall, but what it was particularly, I cannot say.

Mr. Holt. How long did you stay in the council-chamber?

Serj. Bigland. I believe I staid as long as most of the company was there.

L. C. J. Did you stay while Greaves was sworn?

Serj. Bigland. My lord, I believe I was there then.

L. C. J. Pray what authority had you to

swear Greaves?

Serj. Bigland. All that I know of it was, he was nominated at August according to custom. L. C. J. But what occasion had you to be present then, and what authority had you to swear him? You are a gentleman of the long robe, and should have known better.

Serj. Bigland. Truly, my lord, he was chosen by those that had a right to choose in August before.

Edge. I did tell them so. Mr. Sacheverell and the other gentlemen would have gotten me to poll in the vestry in the absence of the mayor, but I told them I would not have any such thing done; and when the old mayor went out of the council-chamber, they would have had me read the oath. Said I, gentlemen, I will not swear him but in the mayor's pre

sence.

Mr. Ward. Did not Mr. Sacheverell head them all the day?

Edge. He was among us all the day.
Mr. Ward. Did he peruse the charter?
Edge. I can't tell that.

L. C. J. They that once begin first to trouble the water, seldom catch the fish.

Mr. Hutchinson. My lord, I desire I may ask Mr. Edge one question, whether I was not sent to the mayor, and did not go myself?

Edge. Upon the best of my knowledge I did not send you to the mayor.

L. C. J. I thought, Mr. Hutchinson, you had been a man of greater quality than to go of his errands. Have you done, gentlemen? Mr. Holt. Yes, my lord.

L. C.J. Then, gentlemen, as I said, this is an information against several persons, you shall have the names of them delivered to you, and it is for a riot, an unlawful assembly in Nottingham; and though there are two times that have been spoken of, and two places in the evidence, yet I must tell you, that that part that does affect these persons is only that which does relate to Michaelmas-day, and for the other part, about the cross, is not comprised in this information; and persons that were put at the cross, but that were not put at the hall, are not concerned in this information: But all, it appears, were concerned, except one, which is Humphry Barker; now though he was hopping and jumping upon the cross, yet not being present upon Michaelmas-day, he is not within this information.

And now, gentlemen, because the cause has held something long, I shall be the shorter: Only, for example sake, there are some things that ought to be taken notice of. The right of L. C. J. But what authority had 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 ask me as Recorder, or as counsel? But they would have done well to advise people to meddle with their own business; let my brother take that along with him..

Mr. Pollerfen. Pray swear Mr. Edge. [Which was done.]

Edge. My lord, I did not swear him.
Just. Holloway. Pray who took the poll?
Edge. I took the poll.

Just. Withins. Pray did you ever know a mayor sworn when the old mayor was not by?

are Scire Facias's and Quo Warranto's depending between them. They would have done well to have pursued the legal course only; for I hope, we shall never live to see that law prevail in England which is called club-law: Let the right be never so much on their side, they ought to take a rightful way to observe it, and not by any unlawful means.

Another thing, gentlemen, is this; they insist upon it, that they could not be guilty upon this information, because the mayor was not sworn. It is plain they are guilty of a very

great crime, because till another was chosen, he was mayor. They say their mayor was sworn regularly according to the old charter; but according as the evidence has been given, they could not swear him by any pretence whatsoever; and whosoever administered the oath to him, were guilty of a very great fault, as well as he that took it.

Now, gentlemen, the law is so direct in point, that they needed not to have gathered themselves into an assembly about this matter; for if he that they pretend to be a mayor had been rightfully chosen mayor, they had a regular course to have brought him into this office; for they might have come, and of right have demanded a Mandamus to admit and swear him into the office, and so he must have been sworn mayor, unless they had shewed good cause to the contrary.

Gentlemen, there is no right but has a lawful remedy, therefore it had been much better for these gentlemen, if they have a right, to have gone in a rightful way to obtain that right.

Now this being premised, I must tell you, it is very unfortunate, concern it whom it will, and very strange to me, that men in matters of government, where they have nothing to do, that are country gentlemen, that never came to interpose in any election before, that they should come to busy themselves, and head people where they have nothing to do; nay, they have no pretence of precedent, for it was never practised before.

If in case it was only to satisfy their curiosity to see the manner of the election, they had been only there, and patient and quiet, it had been something; but to be there, and to demand people to be sworn, and calling people to look to the books, and heading the mobile, that does not become any man, let him be as great as he pleases: the greater the man, the greater his name; and the greater his influence, the greater his offence, and the greater ought to be his punishment.

Then, gentlemen, to have those other persons to come there, Mr. Hutchinson and Mr. Gregory, and they must be demanding of the mayor to come and swear; pray what have these people to do there?

Then, gentlemen, you see the consequences of it, it was come to that height in the midst of this great and populous town of Nottingham, that nothing but flinging up hats, and hollow ing, and shouting, and making all the distur. bance and interruption in the world; nay, insomuch, that you may observe by one of the witnesses for the king, the very seal was broken off from the new charter. Nay, to that height they were grown, that whereas there was a mace, that is an ensign that doth belong to the sheriff, they came and ravished it away, and force it from him, and take it away whether be would or no, and bid him go about his business, be had nothing to do there: so that here are people without any authority choose a mayor, that mayor must call and assemble together a

meeting of all sorts of people, and all sorts of disorders must be committed under pretence of this authority; which is setting up a kind of commonwealth, I can call it no better; and had it been such a general assembly, not with an intent for doing such one particular purpose, it had been high-treason. For if people once think to obtain the rights they pretend to in a mutinous manner, that in the general is high-treason, or at least so near, I will assure you it is pretty hard to distinguish between them.

Now, gentlemen, as to the evidence, I must tell you the witnesses do swear, that all these persons were present, abettors, and assistants in this matter; the man that headed the party had no manner of concern among them and surely, after you have heard all this matter, if ever there was a riot proved in this world, this riot is plainly proved upon every one of these men except Barker.

But whereas they pretend on the other side,. and they would have you to believe that the sheriff was not sheriff till he was sworn, surely he was sheriff till another was sworn: and if you allow him to be sheriff, then they ought not to take his mace from him, if he was the sheriff de facto, in possession of the ensign of this office, that is enough; for the right is not to be determined in such a way as this.

The next thing they pretend to is this, a-lacka-day, there was no proclamation made till after he was sworn mayor by the new charter, when before he came first into the common-council, the hubbub was there begun, and the mayor told them, gentlemen, you have nothing here to do, pray go about your business; and when Mr. Sacheverell pressed him, he ordered proclamation for all persons that had nothing to do, to be gone. Then afterwards he comes into the hall, there is sworn in the hall, and takes his oath according to the new charter, and still after proclamation made; then the same persons continue still in the same place, so that there is no obedience given either to the old authority or the new; and instead of going away upon the proclamation, that made them the more violent; for you find by Mr. Edge, the last witness, that even to the time of the swearing, Mr. Sacheverell continued very earnest to have him sworn, though Mr. Sacheverell was shewn the new charter, and they could not even by the old one proceed to swear him in the absence of the old mayor; and the old mayor was absent.

There are indeed several gentlemen that are witnesses for the defendants, that happened to be there at that time; there is sir Thomas Parkyns, and he being asked whether he heard any noise at all, why truly he forgot that there was ever a word spoken; and though other persons, even some of their own witnesses, did hear a noise, yet he heard none, but all was a wonderful regular thing; so that the witnesses that they themselves called, interfere among themselves, some of them say they did hear a noise and shouting, yet such is the unhappiness

of some people, that they cannot hear if they have no mind to it. Then here is Mr. Thinn, a gentleman that came by accident, and he can give no good account of the matter: some noise he did hear, but he came but as a stranger, and was not concerned one way or other, as he says.

night, the next morning it was given in open court, where they found twenty of the twentyone defendants that were in the issue, guilty of the offence and misdemeanour in the information; and the other defendant, Humphrey Barker, Not Guilty.

In Trinity-Term following, the Defendants, who had been found Guilty, were sentenced, as follows:

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William Sacheverell, fined · 500 Marks.
George Gregory
Charles Hutchinson
John Greaves

You have heard several other witnesses, that give an account there was a noise, but they cannot tell whether the charter was produced, or not produced; and they cannot tell one word that was said of A Greaves, or No New Charter: And one particular man, I have forgot his name, he could not by any means remember any thing of the matter; though he was there all the while, he could not tell what Mr. Sache-William Greaves verell said, he did hear him, but not what he Samuel Richards said. Robert Green This, gentlemen, is the substance of the evi- Francis Salmon dence: I can only say this to you, you must Arthur Riccards believe all the witnesses for the king actually Ralph Bennet perjured, unless you believe their evidence; and for what others say, that they did not hear such and such things, yet all these other ple did hear; and though the witnesses for the defendants did not see, the others did see; and you must find these men without any evidence that does appear, to be guilty of wilful perjury, or else every person that you have had in charge, except Humphrey Barker, is guilty of the riot whereof they have been informed against.

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Then the jury withdrew, and the court broke up, and a private verdict being delivered in the

John Sherwin
William Wilson
Samuel Smith

Thomas Trigg
Richard Smith
John Hoe

William Sinith
Joseph Turpin
Nathaniel Charnel
Joseph Astlin

200

20 Nobles.

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And that the several defendants do give security for their good behaviour for a twelvemonth.

The CASE of the CORPORATION of NOTTINGHAM, as it was stated by the late WILLIAM SACHEVERELL, of Barton, esq.

mayor and bailiffs the town continued till Henry 6th's time, who was pleased to make it a county, and grant them sheriffs instead of

THE town of Nottingham hath always claimed to have been a borough by prescription. And it cannot well be doubted that it 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, that the burgesses of Nottingham then had divers houses and parcels of land in Nottingham; and the burgesses of that town were 173 in number in the time of Edward the Confessor.

That town hath also always claimed to have been a corporation by prescription. And it is hard to believe it otherwise; because no charter of its first incorporating could yet be found; and the charters granted to the burgesses of that town by king Henry 2nd, and king John, do imply them as a body corporate before those times.

Yet it appears by the charter of king Edward the 1st, that there was no mayor of that town before his reign; for that he then was pleased to grant the burgesses of that town a privilege, that they then after should choose a mayor out of themselves annually; and some of their former charters, as well as that, shew that for some time before they had only bailiffs of that town. From Edward the 1st's time, under

themselves seven aldermen, and one of them annually to be mayor; and that the aldermen (as long as they so continued) should be justices of the peace within that town; and moreover, that the burgesses of the town of Nottingham should for ever be a body corporate by the name of mayor and burgesses. Nor hath any charter since, nor any bye-law that can be heard of, given the aldermen any more power than they had by that charter, which was then nothing more than every burgess of that town had except being justices of the peace, and wearing gowns and hoods. So that the aldermen, though of late they have taken upon them to sit as members of the council of that town, can neither prescribe to that power, because there were no aldermen in that town before king Henry 6th's days; nor can they claim to be of the council of that town by force of any charter, for no charter either in Henry 6th's time, or since, hath granted them any such authority, nor did they pretend

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