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(which is in Bristol as the Exchange here) we mercy, it having been our resolution not to dissupposed 20 men might be sufficient for each cover the design to any of our friends till the post, and the remainder for the main guard, managers had agreed both upon tinse and meout of which might be spared four or six files thod, therefore considered how to make my to be constantly marching about, and to assist escape, there being then a strict search in all where there might be occasion. The method ports, thought best to continue in England for we designed for the raising of 200 men in and some time, till the heat might be over, and so about the city was thus, first to find out 30 men, got an ordinary babit and a little horse about two for each post, and four for the main guard, 40s. price, and travelled the country as a man who might be able each of them to procure six, dealing in wool, in Gloucestershire, Oxfordand to command them, which would have sbire, and Somersetshire, till about the middle made 14 for each post, and 28 for the main of August, then repaired towards Bristol, and guard, to whom the Taunton men should be by letter, with my wife's assistance (all other added, viz. six to each post and the remainder friends thereabout fearing to act for me) pre. to the main guard, who should have come in vailed with a poor man who had a small boat the day before, some at every entrance of the about ten tons, for 201. reward, and the like city, and lodge themselves at inns and ale- per month, for six months, to go with me for houses as near the posts they were appointed France, and from thence to the West-Indies, for as they could : each man being to know or where I would, my name being then in no his post and commandlers before they came, proclamation or declaration, if it had I should the Bristol men to lodge themselves and arms, not have prevailed with the man to go with me. with arms for the Taunton men, in an house as So the 23rd of Angust sailed from King's Road near as possible to their posts, and to send one for Rochell; the 25th proving bad weather, out from each post between three and four cracked our mast, and so put into St. Ives, in o'clock in the morning to observe the motion Cornwall, where we staid till the 4th of Sepof the watch, and to advise as soon as they tember, then put out again for Rochell, but were gone off, that they might all immediately meeting with contrary winds was forced into repair to their respective posts, calling the several places in France, and gained not our Taunton men, and as soon as they had gained port till the 17th. In Rochell

, I loaded her their posts, to send out a tile of musketeers to with brandy and other goods, and the 4th of feieb in such and such men in each of their October sailed from thence for the West Indies divisions as they should have bad an account (eing willing to know how my concerns lay of before, and convey them to the main guard, there, that my creditors might have their own, which in the 14 divisions would have been though I knew I might be much safer in about sixty persons, commission-officers and in France) and arrived at Barbadoes the 11th others; tben to fetch in all the arms and am- of November, there I heard of my name being munition they could find, which two things in the Gazetie, therefore staid but two days being done (as we supposed might be in a little landing part of my cargo, from thence I went ume, and without any opposition, the posts to Antigua, where I lan led and disposed of the being so near each other, that it would have remaining part, staying there about 10 days; been impossible for any number to get to- but it being too soon for the crop, and my gether) we resolved next to declare the reasous charge being the same, lying still or going for our taking up arms, and to encourage all farther, also thinking it not safe to lie long to come in to us that we could trust, not there, resolved to see the rest of the Carribby doubting but we should soon have bad many Islands, and so went down to Mounserat, Nevis, thousands in the city, and out of the adjacent St. Christopher's, St. Eustatia and Anguilla, and counties, Gloucester, Somerset and Wilts. so back again to St. Christopber's, supposing The Reasons why I did not come in, &c.

that to be the safest place, I being known to

none there, where I staid about three weeks. When the news of the discovery first came About the 14th of January I wrote to my to Bristol, and some time before, I was in some factor in Nevis about what was due to me, who trouble by my creditors, and forced to abscond, on receipt of my letter discovered me, so that though thought I had sufficient to pay them, sir William Stapleton presently sent his waronly desired time to get in my effects, their rant to St. Christopher's to apprebend me, but mercy I feared more than your majesty's, and before it came I was gone down to St. Eustatia, thought if I should come in and find mercy expecting to meet my vessel there, which i with your majesty, I could at first expect no bad sent up to Barbadoes, and it being known better than a prison, and if from it discharged where I was gone, the deputy governor of St. by your majesty, to be kept in by them upon Christopher's sent five men with bis warrant account of my debts. Secondly, hearing there after me, to whoin on sight thereof I submitted, was very many, in and about Bristol, sup- though had an opportunity and might have posed to be concerned, and I, though knowing escaped, but was rather willing to cast myself so much, being able to prove so little against at bis majesty's feet for mercy, than live such any man, but such against whom there was a life any longer, not daring to appear where sufficient proof without me, feared that if there was need of me (among my factors) who should come in more would be expected from I doubt will take too much advantage by my me than I could prove, and so might fail of troubles for my creditors' interest. In Nevis ? was kept a prisoner 13 days, where I promised of serving your majesty and my country in the sir William Stapleton that I would make what promotion of that which brought me into this, discovery I could, giving him the names of and cost me many hundred pounds, with some some who I had acquainted with it in Bristol, years' pains to bring it to that perfection I did, which I suppose he hath given an account of, viz. the linnen manufacture, which many hodesiring him that it might be kept private, for nourable persons about your court have beard

if it was known they would have advice of it; of, and I can make it appear that it will employ . but it was not kept so private as I expected, for near 80,000 poor people and 40,000 acres of the night I came off I was told of it, therefore land, and bring in and save your majesty near suppose they were advised by a Bristol ship 200,0001 per ann. that came away before us, by which I wrote Another thing which I tbink I may serve not a word, 1 sappose she might be at hone your majesty in (abroad) is this, when I left long before us, we being nipe weeks and five England I knew there was many who were in days. All that I can say against any of them, trouble about their opinions would willingly except William Wade who is before mentioned, have left England if they knew where to go, is that I acquainted them with the business, as that they might have liberty. There is a very I believe many thousands in England were, fine island in the West-Indies, good land and and do suppose they would have been con- well watered, which, hy such people, would be cerned. Hereunder is an account of many soon settled and prove a great advantage to other persons that I have heard was concerned your majesty and successors, for it would soon in the design for an insurrection, which is all exceed any island, except Barbadoes and Jathat I can call to mind of any thing material maica, it lies so near a bad neighbout, the that ever I heard concerning the Plot. Spaniard Portrico, that except a considerable

Here he mentioned the names of several number go together, it will be dangerous living Persuns.

there; but if no great alteration in affairs since

I lell England; with your majesty's leave, Now if yonr majesty is graciously pleased enough might be prevailed with to go and setto spare me, it will be a sufficient warning to tle it at unce, which will not only serve your me for ever meddling in things of that nature majesty as before, but clear the nation of some ayain : and I hope I shall have the opportunity 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 Which was done, and the twelve being sworn Guilty, were brought to their Trial on the 2nd to try the cause, being gentlemen of the county of May, 1684.

of Keat, were these following: Sir Humphry Cl. of Crown. Call the defendants, William Miller, sir Henry Bosvile, William Lambert, Sacheverell, esq. and others.

Charles Wheeler, Richard Marsh, Edw. King, Mr. Pollerfen. We appear.

Humphrey Stiles, Walter Hooper, James Mas. Cl. of Crown.. Gardez vostres challenges.' ters, Richard Britton, Ralph Petty, and EdSwear sir Humphry Miller.

ward Bathurst. * This was one of the numeroas litigious and turned to an avoned practice of garbling proceedings, which arose out of the attacks Corporations, in order to carry electious to the upon the Cbarters of Corporations throughout parliament, and a Committee of Council was the kingdom, to which attacks the crown was appointed to manage the Regulations as they encouraged by the success of the Quo War- were called ; and there was an itinerant crew ranto against the City of London. (See the of the worst of men that wrought in the towns Proceedings in that Case, vol. 8, p. 1039). to be regulated under the direction of the comPerhaps the object which originally excited mittee. These were termed Regulators, and that attack, was ihe power of nominating Jurors, according to their characters and designations, by means of the right to appoint sheriffs. (See mayors, aldermen, recorders, common councils Note to lord Shaftesbury's Case, vol. 8, p. 785). and freemen, were modified and established.” But it must have been very soon perceived that the nomination of the wbole magistracy of the See, also, sir John Reresby's Memoirs to kingdom, and of a majority of the House of which Mr. Hume (Note to p. 203, vol. 8, of Commons, might be secured by the same bis History, edition of 1807) refers, when he

admits that the transfer of the right of election

from the people to magistrates named by the Roger North (Life of Lord Keeper Guil crown, was in reality nothing different from ford, vol. 2, p. 104, 8vo edit. of 1208) tells the king's naring the members; and be nous, that “this trade of Charters ran to excess, tices that the same act of autliority bad begu


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Cl. of Cr. Gentlernen 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, Sa« George Gregory, esq. Richard Mansfeild, .muel Smith, Thomas Trigg, Richard Smith, employed in all the boroughs of Scotland. their turn, having the mayor and major part Yet hås the Prince of Orange been blamed for of the court of aldermen for them already, they not summoning to the Convention the members intend to surrender the Charter of the city of of king James's Parliament.


“ Sir George Waterman, alderman of the In the Cases of the Quo Warranto against Bridge-ward, being some time since dead, the the City of London, already referred to, and lord mayor gave out summons for the choice that of Pilkington and others (vol. 9, p. 187), of an alderman in bis stead. The competitors and in the Notes to those Cases, are mentioned on one side were deputy Daniell and sir Wm. many particulars of the distractions which pre- Russel, on the other "Mr. Papillon and Mr. vailed in the metropolis. (See, too, as to South- Shute; but the majority being greatly for the wark, the Case of Slingsby Bethel, vol. 8, p. two last, the lord mayor was pleased, in the 747).

midst thereof, to adjourn the poll. The following Extracts from Narcissus Lat. Farringdon, having laid down his gown, the

“ Mr. Pilkington, alderman of the ward of trell's “ Brief Historical Relation,” MS. in the lord mayor was pleased to issue out his precept library of All-Souls' college, Oxford, throw for a new election of an alderman of that ward; farther light on the proceedings against Cor the competitors were the lord mayor and sir porations in general, and the distractions of William Turner, on part of the aldermen on the city of London in particular :

one side, and sir John Lawrence and sir Ro.“ Nov. 1682. Some days since, a person bert Clayton, on the part of the aldermen on unknown, came to the house of Mr. John Du- the other side. In behalf of the commoners bois, who stands in competition to be one of on one side, were Mr. North and Mr. Rich, the sheriffs of London, and left there a packet the two sheriffs; on the other side, were Mr. for him, wherein were inclosed several treason- Dubois and Mr. Hawkins, a scrivener; the able and seditious libels ; a while after, the choice being doubtful, they came to a poll, and same fellow came again and brought another there was six or eight commissioners appointed packet, and then he was served and carried to inspect the same, who would admit no one before the lord mayor, who, on proof, com- to poll that was excommunicated, or that would mitted him to the Counter ; about two or three not take the oaths of allegiance and supremacy, days after, he was admitted to bail, himself in which were tendered to them; a thing much 2001. and his bail in 100l. each ; two or three wondered at by some, as new and without any days after, the sessions coming on, a bill was precedent in such cases ; how the choice will found against him, and he and his bail being fall is yet uncertain, though most think the called for, neither of them are since to be heard Tory party will carry it, having by this new of: this is looked upon by some as a happy de- device excluded all the Quakers, who will not liverance to Mr. Dubois, for undoubtedly had swear at all, and several of the most inoderate the papers been lodged there, Mr. Dubois persons will not poll at all, as not liking such should quickly have been searched for the impositions. same, and it would have been construed to be “ The election for tbe alderman of the ward a new design against the government, for the of Farringdon Without being over, and Mr. papers contained matters of dangerous im- North, one of the sheriff's of London, being reportance, some were libels against the king turned to the court of aldermen, as daly chosen, and others, and there was, as is said, a paper and sworn accordingly, these things are reof advice to Mr. Dubois, as sheriff, to raise the markable in the management of the affair : posse comitatus to meet an army to have come the oaths of allegiance and supremacy imposed out of, &c. to oppose a arbitrary power. The on every voter; the commissioners that tenDissenters have been prosecuted lately more dered them notoriously known to be violent violently than ever; for now the church- persons for the Tory party: then the several wardens of most parishes have presented them days adjournment and delaying of the poll, to the ecclesiastical courts, who have proceeded and keeping the poll-books open, whereby at against them even to excommunication, where first the Tories tinding the Whigs had much by several hundreds in London have been sent the majority, they delayed the poll to seek for to the Devil; but this is made use of only as unknown persons to balance the poll, whereof an engine to serve a turn, which is, St. Thornas's there were several of the inhabitants of Whiteday approaching, whereon the common council fryers, attoruies of Clifford's-iun, who never men for the city of London are chosen ; this, used to vote, and divers who live not in the as is said, is to incapacitate Dissenters to vote ward, nor pay to church and poor: the Whig for any one, whereby if the Tory-party can party finding things thus managed, several of procure such a womipon council as is fit for ihem went and petitioned the lord mayor and * John Hoe, William Smith, Joseph Turpin, in that behalf before granted, by our sovereign • Nathaniel Charnell, Humphrey Barker, and lord the king that now is, uoto the mayor, Joseph Astlin; for that whereas the 29th day aldermen, and burgesses of the town of Notof September, in the 34th year of the king, tingham, in the county of the said town; and there was an Assetnbly at Nottingham, in the that in that Assembly the said Gervas, being

county of the said town, duly summoned and then, as aforesaid, mayor of the said town, • called, and met before Gervas Wild, then began to proceed to such election ; and that

mayor of the said town, for the electing and then and there the said mayor made, and • swearing of a mayor of that town, for the caused to be made, a public proclamation for • execution of the office of mayor of that town " the departure of all persons from that election • for the year then next following, according that were unconcerned therein, and for keep

to the effect and tenor of certain letters patenting the king's peace; and that nevertheless, court of aldermen for a scrutiny of the poll; May, 1685. About this time, persons (which was denied though hardly ever known were very busy in elections of members of the before); by these practices Mr. North bad the House of Commons to serve in ihe eysuing majority by about 30.

parliament; great tricks and practices were His majesty hath been pleased to make an used to bring in men well-affected to the king, order in council against merchants' spiriting and to keep out all those they call Whiggs or or kidnapping away young children, and die Trimmers. At some places as Bedford, &c.. recting them bow to proceed for the future in they chose at night, giving no notice of it; in taking any persons they send beyond sea. other boroughs, as St. Alban's, they have now

“ 'The election for an elderman of Bridge- regulated the electors by new charters, in ward, in the room of sir George Waternian, putting the election into a selected number, deceased, is at last, after several adjournments, when it was before by prescription in the income to a decision : It was by most persons habitants at large. 'In counties, they adthought the choice would fall on Papillon or journed the poll from one place to another to 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 the votes of excommunicated persons,

and is said to fall on deputy Daniell, by seven per- other dissenters; noblemen busying themselves sons only; though others say, notwithstanding with elections, getting the writs and precepts such irregular proceedings, the two first had into their hands, and inanaging them as they the majority by 25; however, Daniell is alder- pleased; King commanding some to stand, and man de facto of that ward.

forbidding others, polling many of his servants 51683. 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 gen• A Defence of the Charter of the City of Lon tlemen stood that they called Whigs, they dou,' &c. showing that neither the charter of offered them all the trick and affronts ina.. the city of London, or of any other corpora- ginable. tion, is forfeitable by law, wherein are several “ June, 1687. The Lord Chancellor dined bold passages, it has been censured as a libel, lately in the city, and was pleased to discharge and he absconds.

three aldermen on their own desire, sir Thomas " Mr. Sacheverell bath preferred an infor- Griffith, sir Benjamin Newland, and Mr. Peter mation against the persons that surrendered the Pallavicin, and he told them his majesty bad. Charter of the town of Nottingham, but Mr. given the city the privilege to choose their . Attorney General would not at first allow it sheriffs as formerly, and that the lord mayor should be received.

might drink to one as Sheriff, free or unfree “ Feb. 1683. The Corporation of the city of of the city, and that he should either fine or Norwich, having some time since surrendered hold. their Charter, have, as is said, lately petitioned « June 17. The lord mayor and aldermen his majesty to have it again.

have been at Windsor to thank his majesty for * June 13, 1684. The Nottingham Rioters his grace and favour to them, in permitting came to the court of King's-bench to receive them to choose their sheriffs. their judgment: Wm. Sacheverell was fined “ July 12. The city of London have re500 marks ; Mr. Gregory 300); Mr. Ilutchin-ceived lately above 8,500l. for tines 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 twelve- Sprat (in his Second Letter of Excuse to the month.

Earl of Dorset, edit. 1711, 8vo. Pp. 16, 17, as “Luly, 1684. The mayor, aldermen and cited in the Biographia, article Sprat) says, as common council, of the city of Durbam, have I understand bin, for his language is not so surrendered their Charter into the bands of the unequivocal as might be, “ that under king bishop of Durham, who has reserved to him. James a Quo Warranio was actually issued self and his successors in that See, the power out against the Royal Church and School of of approving and confirming the mayor, re-Westminster." See some account of Sprat in corder, aldermen and common council of the the Introduction to the Trials for the Ryecity. Oh, tempora !

House Plot, yol. 9, p. 362, of this Collection. VOL. X:


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they the said William Sacheverell, and the them, or any of them guilty, you are to say • rest of the defendants, being persons well | s0; and if you find them, or any of them wrot

knowing the premises, and unconcerned in guilty, you are 'to say so; and hear your evi. that election, but being ill-disposed persons, dence. ' and to disquiet, molest, and trouble the peace

Then Proclamation was made for evidence of our lord the king that now is, and the

in the usual manner. common tranquillity of that town, and the . aforesaid election wholly to hinder, did during Mr. Holloway. May it please your Lord. the time of the said Assembly, and after pub- ship, and you Gentlemen of the Jury, This is lic proclamation made as aforesaid, viz. the an Information preferred by Mr. Attorney Gesaid 29th day of September, in the aforesaid neral, against William Sacheverell and others, 34th year of this king, at the aforesaid town for a most notorious riot: and it sets forth, that of Nottingham, in the county of the said town, upon the 29th of September, in the 34th year with force and arms, &c. riotously, routously, of this king, at the town of Nottingham, there unlawfully, and seditiously, together with was an assembly duly summoned before Gervas

many uther ill-disposed persons, and dis. Wild, then mayor of the said town, for the 'tusters of the peace of our said lord the king, election and swearing of a new mayor of the * to the number of 500 persons, to the said said town for the year ensuing: that the mayor attorney-general as yet unknown, assemble, began to proceed to election, and made proclacongregare, and unite themselves together, mation for all persons to depart that were not and themselves together continued, to disturb concerned in the election, that the defendants the peace of our lord the king that now is; being no way concerned' in the election, but 6 and that then and there the said William being ill disposed persons, to disturb the peace • Sacheverell, and the other defendants, the of that place, and set the town together by the * aforesaid unlawful and ill disposed persons so ears, did in a riotous manner assemble them. • assembled, congregated and united then and selves with many other ill-disposed persons, to

there, with force and arms, &c. riotously, the number of 500, and continued in their riot * routously, unlawfully, tumultuously, and se- for the space of seven hours, with a great deal ditiously, by the space of 7 hours, to disturb the of noise and tumult, and with force and arms

peace of our said lord the king, and to continue did riotously carry away and detain a mace - the said riot, did excite, move, persuade, and from one John Malin, then one of the sheriffs procure, and then and there, by the whole of the town, against his will, to the great terror time aforesaid, made, and caused, and excited of his majesty's subjects, and to the evil exam. to be made, great rumours, clamours, terrible ple of all others in the like case offending, and shouts, and unusual noises; and then and against the king's peace. If we prove all or there, with force and arms, &c. riotously, any of these defendants who have pleaded Not routouşly, unlawfully, and seditiously one Guilty, to be Guilty, you will find them so. mace, being the ensign of office to the sheriffs Mr. Recorder (sir Thomas Jenner). May it of the county aforesaid belonging, from one please your Lordship, and you Gentlemen of * John Malin, the said John Malin being then the Jury; I am of counsel in this cause for the

one of the sheriffs of the town and county of king : This is an Information against a matter • the town of Nottingham, against the will of of 21 persons for being in a notorious riot, and

the aforesaid John Malin, took, had, carried continuing in it for two days together. If it away, and detained, to the inciting of great please you, Mr. Sacheverell

' he is in the front danger, and moving of tumults, and effusion of them, and he and seven more of these deof much blood, to the great terror, disquiet, fendants, very considerable persons, were not and fear of all the liege subjects of our said at all concerned either by any old charter, or • lord the king, to the evil example

of all others by the new charter in this election, but mere in like case offending, and against the peace strangers, and yet they must needs come on of our said lord the king, that now is, his purpose to inflame and set on the others. I crown and dignity.' To this Information all shall name them that were not concerned in the Defendants but Richard Mansfeild and the election, William Sacbeverell, George Gre. Henry Plumptre, have pleaded Not Guilty, gory, Charles Hutchinson, William Wilson, and for trial put themselves on the country clerk, Joseph Turpin, Nathaniel Charnell

, But the defendants have alleged that the in- Humphrey Barker, and Joseph Astlin. These habitants of the town and county of the town persons, gentlemen, had no manner of pretence of Nottingham ought not to be drawn out of to be at this place upon the account of an electhe said county, and that the county of Kent tion. The matter of it was thus : Michaelmasis the next county to the county of the town of day, 1682, the mayor that then was, Gervas

Nottingham, and therefore have prayed that a wild, was at his own house, with some of his | jury of the county of Kent might try the issue ; brethren, in order to go to church that morn

to which the king's attorney has agreed: and ing, according to the usual custom of that you being freeholders of the county of Kent, place, at the day of election ; but having notice and returned, and sworn to try this cause, your that there was a charter coming down, and charge is to enquire whether the defendants, expected every moment, truly the other side, or any of them, are Guilty of the offence in Mr. Sacheverell

, and the rest that were there, this information, or Not Guilty, and if you find for he was present himself, were very zealous

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