THE Proceedings and judgement Against the RIOTERS; Viz. Thomas Pilkington Esq; Samuel Shute Esq; Henry Cornish, Alderman. Ford Lord Grey of Wark. Slingsby Bethel Esq; Sir Thomas Player, Knight. Francis Jenks. John Deagle. Richard Goodenough. Richard Freeman. John Wickham. Robert Key. Samuel Swinock. And John Jekyll signior. Who were Fined at the Kings Bench Court at Westminster on the 26th of this Instant June, 1683. for a Riot and Battery committed by them upon the Person of the late Lord Mayor, &c. in Guild Hall, at the Election of Sheriffs, containing what remarkably occurred in the Debates admitted upon passing judgement of Fine. As also the Fining of one Mr. turn, for making a Riot upon the Mayor of Rye, in the County of Sussex. Entred according to Order. ON the Eighth day of May last, the Parties above mentioned were tried at the Guilde-Hall of the City of London, upon an Information in the Crown for riotously, routously and unlawfully opposing the Proceedings in Guild-Hall on Midsummer Day last, upon the Election of Sheriffs to serve for the City of land. Country of Middlesex, & Assaulting Sir John Moore, then Lord Mayor, &c. which being by divers Witnesses made apparent, and they by the Jury after some short consideration found guilty, Mr. Attorney General, on the 15th of June, Anno. 1683. moved in the Court of King's-Bench at Westminster, that judgement might be awarded against them upon their former Conviction, in order to their being Fined for the Riot, &c. But the L. C. Justice Saunders, and Mr. Justice Raymond, by reason of their Indispositions, being neither of them on the Bench, Mr. Justice Jones, with the consent of Mr. Attorney General, referred it to the 19th Instant, when Mr. Attorney again moved for judgement, alleging the heinousness of the Crime, viz. That it was an open Affront to Justice and Magistracy, and might prove an Evil President if it should escape unpunished, which he prayed it might not do, but that since they had been fairly Convicted, the Court, in pursuance thereof, would Award such Fines as might deter others from the like Attempts, &c. Upon this Motion Mr. Williams, of Council for the Defendants, moved, That seeing there had first a Venire been directed to Mr. Pilkington and Mr. Shute, late Sheriffs of London, and afterward an Alias Venire to the present Sheriffs, and yet that in the Information all the Defendants were joined, though, as he suggested, that at the time of the first Venire, some of them were not made known; and that since Mr. Pilkington, Mr. Shute, &c. had Appeared upon the first, and many of the others not till the second; he humbly prayed that an Error might be thereon assigned. To which the King's Council replied, That if any prejudice was sustained in the methods and manner of Proceeding to the trial of the Persons convicted of the Riot and Battery, it was sustained on the ●art of the King; and seeing he was willing to dispense with it that 〈…〉 the t affencted the Defendan●s, unless in redounding to their Advantage, for that they had a Legal trial, all of them pleading Not Guilty, and putting themselves upon their Country, to try the Issue between the King and them, which Country had found them guilty of the Offences before mentioned, and that now nothing remained but the judgement of the Court in Awarding their Fines, &c. To this it was Alle●ged, Tha● seeing they were Assembled in Guild-Hall upon a Law●ull Occasion, they could not be guilty of a Riot, or the like Misdemeanour, the Legality of their first Assembling not admitting thereof: But this Allegation was overruled be many demonstrations, plainly making it appear, that although an Assembly be never so Legally Convened, yet it they Tumult or break the Peace, the Legality of the Assembly cannot bear them out. And moreover, that when the Lord Mayor had Adjourned the Pole, the Assembly was no longer a Lawful Assembly, but ought, immediately to have departed to their respective Habitations, which the Defendants not only delayed to do, but in contempt of Authority, continued the Pole, and in a Riotous manner Assaulted the Person of the Mayor. And that for Inference, If a Congregation be Assembled at a Church to hear Divine Service, which in itself is lawful yet if blows happen, or a Riotous or disorderly Tumult is made, the Legality of the Meeting shall in no wise excuse the Authors of such Disorders from the Penalties of the Law, &c. of which Opinion were not only the Council for the King, but the Judges likewise. These, and such like, being the Arguments of this day, Mr. Justice Jones being indisposed, and Mr. Justice Raymond not coming upon the Bench, the passing Sentence was defurred till Friday the 22th Instant, and from thence till Monday the 25th Instant, at what time Mr. Justice Jones being indisposed, it was put off till this present Tuesday, being the 26th of June; when as Mr. Attorney moved for judgement, requiring that the Parties found Guilty upon the Information, might be Fined, and was seconded by Mr. Serj. Jefferies, both of them praying that they might have good Fined set on them, as an Example to deter others from the like Attempts; as also did Mr. Jones, of Council for the King, when on the other side Sir F. Winnington, Mr. Williams, Mr. Wallop, Mr. Pollixfein, Mr. Thompson, and Mr. Holt, of Council for the Defendants, urged many Arguments for the Extenuation of the Fines, seeing they were at the mercy of the Court, alleging, that the Defendants did that of which they were convicted rather out of Ignorance than Malice, or any Design they had to injure or affront the Government, as not being then capable to determine whether the Right to Adjourn the Common Hall lay in the Lord Mayor or Sheriffs. But after the Arguments on both sides had been heard Mr. Justice Jones proceeded to declare the Heinousness of the Fact, and what an Evil President it might prove if it should pass unpunished; and after some Conference with Mr. Justice Withens, he proceeded to Award their Fines as followeth. On Thomas Pilkington Esq; by reason of his being a Prisoner, only 500 l. S. Shute Esq; 1000 Mark, Ford L. Grey of Wark 1000 Mark, Sir Tho. Player Kt. 500 Mark, Slingsby bethel Esq; 1000 Mark, H. Cornish 1000 Mark, Francis Jenks 300 Mark, R. Freeman 300 Mark, R. Goodenough 500 Mark, John Deagle 400 Mark, Robert Key 100 Mark John Wickham 100 Mark, S. Swinock 500 Mark, and on John Jeakel signior 200 Mark; all of them appearing in Court except the Lord Grey, Mr. Key, and Mr. Goodenough, and according as they appeared to be of Ability, so were their Fines Regulated. In the Court of Kings-Bench this day likewise one Mr. turn of Rye, in the County of Sussex was Eined 200 Mark, for making a Riot upon the Mayor of the said Town, and Two of the Town-Officers Fined 20 Mark apiece, for assisting him therein, and strictly commanded to deliver the Insigns of the Mayoralty, which he had seized into his hands, under pretence that himself had been Elected Mayor of the said Corporation. London, Printed for Langley Curtis at the sigh of Sir Edmund-Bury-Godfrey's Head near Fleet-Bridge. 1683.