THE CASE OF Mr. BENJAMIN LEECH Bricklayer, AT THE OLD-BAILY, THE Fourteenth day of October, 1682.  
THE Poll for Election of Mayor for the year ensuing being continued by Adjournments from Michaelmas-day to the second of October, one Benjamin Leech Bricklayer, being a Freeman and Livery-man of the City of London, came to Guild-Hall to Poll, wherein in Discourse he was Charged to have said to this Effect, That Sir William Prichard should never be Lord Mayor, unless he came in by Stealth, as North and Richardo were Sheriffs; for which he was without any Constable or other legal Officer, carried before Sir John Moor Lord Mayor, before whom he owned the Words, or Words to that effect; whereupon he was by the Lord Mayor Committed immediately to the Compter, from whence he was Bailed next day, giving his Recognizance, with Sureties, to appear at the next Sessions at Guild-Hall; which Sessions of the Peace being Adjourned to the 13th of October to Old-Baily, there was a Bill of Indictment preferred and found against the said Mr. Leech, the Tenor of which followeth, (viz.)  


London. ss.  
JVratores pro Domino Rege, super Sacramentum suum praesentant, quod Bejaminus Leech nuper de London, Bricklayer, existens persona mala & perversae dispositionis, secundo die Octobris, Anno Regni domini nostri Caroli secundi, Dei gratia Angliae, Scotiae, Franciae, & Hiberniae Regis fidei Defensoris, etc. tricessimo quarto; machinans, & false & maliciose intendens Pacem dicti Domini Regis infra Civitatem London. inquietare & perturbare, ac diversas Differentias & Dissentiones inter Cives Civitatis predictae, & alios Legeos & Subditos dicti Domini Regis infra hoc Regnum Angliae, de & concernens Electione Maioris Civitatis predictae, & Vicecomitum Civitatis predictae & Comitatus Middlesex, suscitare, movere, & procurare; & quendam Willielmum Prichard Militem, adtunc, & adhuc unum Aldermannorum Civitatis predictae, & adtunc in Electione pro Maiore Civitatis predictae, existens pro uno Anno adtunc & adhuc venturo; necnon quosdam Dudley North Armigerum, & Petrum Rich Armigerum, qui quidem Dudley North & Petrus Rich nuper pro antea debito legitimo modo secundum antiquas Privilegias & Consuetudines Civitatis predictae, electi & jurati fuerunt Vicecomites Civitatis London & Comitatus Middlesex; & Electionem prefat. Vicecomitum per Cives Civitatis predictae, factam in maximum odium, contemptum, & scandalum, inferre ipse predictus Benjaminus Leech postea, scilicet dicto secundo die Octobris Anno supradicto, apud London, videlicet, in Parochia sancti Michaelis Bassishaw, in Warda de Bassishaw, London. predict. in Guild-Hall Civitatis predictae, ibidem ad predict. Machinationes & intentiones suas melius perficiend. habens Colloquium cum quodam Thoma Smyth in Guild-Hall predicta, adtunc & ibidem falso, illicite, injuste & maliciose dixit, retulit, & in auditu diversorum Legeorum & Subditorum dicti Domini Regis, Civium Civitatis predictae, publicavit, Quod Prichard (prefatum Willielmum Prichard Militem, innuendo) non foret Dominus Maior, (Dominus Maior Civitatis predictae innuendo) nisi foret Dominus Maior illicite, & per furtum, Anglice by Stealth, prout Vicecomites (prefatum Dudley North & Petrum Rich, Vicecomites Civitatis predictae & Comitatus predictae innuendo) fuerunt Vicecomites Civitatis & Comitatus predictae: Ad magnam disturbationem Pacis dicti Domini Regis, ad magnum opprobrium Gubernatorum & Gubernationis Civitatis predictae; necnon ad Scandalum, Opprobrium, & Defamationem prefati Willielmi Prichard Militis, & prefati Dudleý North & Petri Rich debito modo electi Vicecomitum Civitatis & Comitatus predictae, in malum exemplum omnium aliorum consimili Casu delinquentium, ac contra Pacem dicti Domini Regis nunc, Coronam & Dignitatem suam, etc.  
Whereunto the Defendant offered the Plea following.  
Leech ads Domini Regis. ET predictus Benjaminus Leech, in propria persona sua venit & defendit vim & injuriam quando, etc. & omnem Contemptum & quicquid, etc. & petit Judicium de Indictamento predicto, quia dicit quod Juratores pro Domino Rege predicto, qui Indictamentum illud fecerunt & presentaverunt, adinde Retornati & Impannellati fuerunt per quosdem Dudley North Armigerum, & Petrum Rich Armigerum, tanquam Vicecomites Civitatis London, quiquidem Dudley & Petrus tempore Pannelli & Retornatus illius per eos sic facti, non fuerunt nec eorum alter fuit Vicecomites dictae Civitatis London, per quod idem Indictamentum sic factum & presentatum per hujusmodi Juratores sic ut prefertur, Impannellatos & Retornatos per Personas tunc non existentes Vicecomites Civitatis predictae, vigore Statuti in hujusmodi Casu editi & provisi vacuum in Lege existit & nullius effectus, & hoc paratus est verificare; unde petit Judicium de Indictamento illo, & quod Indictamentum illud Cassetur, etc.  
W. Thompson.   

London. ss.  
THe Jurors for our Lord the King, upon their Oaths do present, that Benjamin Leech late of London Bricklayer, being a Person of an evil and perverse disposition, the second day of October, in the thirty fourth Year of the Reign of our Lord Charles the Second, by the Grace of God of England, Scotland, France, and Ireland King, Defender of the Faith, etc. devising, and falsely and maliciously intending the Peace of our said Lord the King within the City of London to disquiet and disturb, and divers differences and dissensions amongst the Citizens of the City aforesaid, and other the Liege People and Subjects of our said Lord the King within this Kingdom of England, of and concerning the Election of a Mayor and Sheriffs of the City aforesaid, and County of Middlesex, to stir up, move and procure; and one Sir William Prichard Knight, then, and yet one of the Aldermen of the City aforesaid, then in Election of Mayor of the City aforesaid, being for one year then, and yet to come; and also one Dudley North Esquire, and one Peter Rich Esquire, which Dudley North and Peter Rich lately before that time, in a due and lawful manner, according to the ancient Privileges and Customs of the City aforesaid, were Elected and Sworn Sheriffs of the City of London and County of Middlesex; and the Election of the aforesaid Sheriffs by the Citizens of the City aforesaid made, into the greatest hatred contempt and scandal to bring, the aforesaid Benjamin Leech afterwards, that is to say, the said second day of October, in the year abovesaid, at London, viz. in the Parish of St. Michael Bassishaw, in the Ward of Bassishaw London aforesaid, in the Guild-Hall of the City aforesaid, there his aforesaid Contrivances and Intentions the better to perform, having Discourse with one Thomas Smyth in Guild-Hall aforesaid, then and there falsely, unlawfully, unjustly and maliciously did say, relate, and in the hearing of divers the Liege People and Subjects of our said Lord the King, Citizens of the City aforesaid, publish, That Prichard (the aforesaid Sir William Prichard Knight, meaning) should not be Lord Maior, (Lord Mayor of the City aforesaid meaning) unless he would be Lord Maior unlawfully, and by stealth, as the Sheriffs (the aforesaid Dudley North and Peter Rich, Sheriffs of the City and County aforesaid, meaning) were Sheriffs of the City and County aforesaid: To the great disturbance of the Peace of our said Lord the King, to the great disparagement of the Governors and Government of the City aforesaid, and also the Scandal, Disparagement and Defamation of the aforesaid Sir William Prichard, and the aforesaid Dudley North and Peter Rich, in due manner Elected Sheriffs of the City and County aforesaid, to the evil example of all others in the like Case offending, and against the Peace of our said Lord the King that now is, his Crown and Dignity, etc.  
Whereunto the Defendant offered the Plea following.  
Leech at the Suit of our Lord the King. ANd the aforesaid Benjamin Leech, in his proper Person doth come and defend the Force and Injury, when, etc. and all Contempt and whatsoever, etc. and Prays Judgement of the Indictment aforesaid, because he saith the Jurors for our Lord the King aforesaid, who that Indictment made and presented, were thereunto Returned and Impanelled by one Dudley North Esquire, and one Peter Rich Esquire, as Sheriffs of the City of London, which Dudley and Peter at that time of the Panel, and the Return thereof by them so made, were not, nor either of them was Sheriffs of the said City of London, by which the said Indictment so made and presented by such Jurors so as aforesaid Impanelled, and Returned by Persons than not being Sheriffs of the City aforesaid, by force of the Statute in the like Case made and provided, is void in Law and of none Effect, and this he is ready to verify; whereupon he Prays Judgement of that Indictment, and that that Indictment might be quashed, etc.  
W. Thompson.    
Which said Plea being engrossed in Parchment, and Signed by William Thompson of the Middle-Temple, Councillor at Law, was on Saturday morning delivered into Court by the Defendant, who pressed that the Plea might be received, and he and his Bail dismissed from further Attendance for that time: Whereunto it was Answered, that the Court would consider thereof till the Afternoon; In the Afternoon the Defendant attended with Mr. Thompson his Council, and Mr. Osborn of the Inner-Temple Councillor at Law attended for the King; the Court being Sat, the Plea was read, and then Mr. Osborne moved that the Plea ought not to be received, for that it was a new Plea without a precedent, and that it could not be Tried or determined there; that it was a frivolous Plea, and ought not to be received, and so left it to the Judgement of the Bench. Upon which Mr. Thompson allowed that such a Plea had rarely been made use of, because the like Case had rarely or never happened, but the reason thereof did justify its Legality, and therefore pressed that the Plea might be accepted; that it never was hitherto denied to anyman to Plead to an Indictment of this nature, what he thought fit in his own Defence, especially when he offers the same under Counsels hand; that this was a ready way to determine who were legally Sheriffs, if the Plea was not good in Law, the Attorney General or the King's Council might demur to it; that if the matter alleged in the Plea was false, Issue might be taken thereon, which might soon be Tried by a Jury; but if the matter should appear to be true, there was not so much as any colour in Law for those worthy Gentlemen Mr. North and Mr. Rich to take upon them to Return Juries; and therefore in the behalf of his Client, demanded again that the Plea might be received; the truth or validity thereof being not to be determined, till some Answer should be made thereunto by Replication or Demurring in Writing. In Answer thereunto Mr. Justice Levinz (being the only Judge then present) was pleased to express himself to this effect: That he desired to see the Statute mentioned in the Plea, whereupon it was read, (viz.) The 11 H. 4.9. Then Mr. Justice Levinz spoke to this effect: That this Statute was made to prevent the nomination of Juries to the Sheriffs; and though it be thereby provided that Panels should be Returned by the Sheriffs without denomination of any, yet he was of Opinion that it could not extend to the Case in hand, seeing the worthy Persons that attended there, were owned as Sheriffs by Lord Maior, Mr. Recorder, and several Aldermen there present, and that he made no difference between Sheriffs de facto and de jure, and that these persons being there so allowed, he must look upon them as Sheriffs de jure: That a Gaol-delivery had been held, wherein above forty Prisoners had been tried; and that if this Plea should be allowed, all the proceed against them would come in question: And then asked Mr. Thompson, What if all the Felons at an Assizes should insist upon the like Plea, must all further proceed stop, till the Sheriff goes home and fetch his Letters Patents? Whereupon Mr. Thompson said, That he thought in that Case such stop could not be prevented, the Law being plain. Then Mr. Justice Levinz said further to this effect, That he had considered of this matter; and that in his Judgement the Plea was a frivolous Plea, and ought not to be received; but yet he being the only Judge then present, he should advise my Lord Maior and the rest of the Bench to take Advice of all the Judges, before an absolute Determination whether the Plea ought to be refused or not. Upon this Sir John Peak said, We will not receive the Plea; with whom agreed Sir James Edward's, Sir James Smith, Sir Thomas Beckford, and Sir Robert Jefferies, and the Lord Maior also; Sir George Treby the Recorder said, That he was of Opinion with Mr. Justice Levinz. Upon this Leech was pressed to Plead Not Guilty: which he refused, saying several times, He would plead no other Plea than what he had offered. Then the Court gave him half an Hours time to advise with his Council, who withdrew and advised accordingly, and returned with the same Resolution not to alter his Plea, and tendered his Plea again to the Court, who again rejected it: And because he would plead no other Plea, (he being first asked, Whether he would Submit to the Court and ask Pardon; and refusing so to do, having as he apprehended done no wrong) was Fined Twenty Marks, and committed to Newgate till he should pay the same; which was done that Night, and Leech thereby discharged.   

Printed for A. Green.