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282. The Trial of SLINGSBY BETHEL, esq. at the Bridge-House in Southwark, for an Assault and Battery on Robert Mason, at the Election of Members of Parliament for the Borough of Southwark 33 CHARLES II. A. D. 1681.

THE Court being sat, the jury were called, as follows: Edward Collingwood, brazier, Francis Waker, comb-maker, Zebulon Newington, chandler, alias salter, William Head, woollendraper, Humphry Roberts, John Allyn, baker, John Morgan, grocer, William Morrice,

The following character of Bethel is from the hostile and indignant muse of Dryden : "The wretch who Heav'n's anointed dar'd to curse; Shimei, whose youth did early promise bring Of zeal to God, and hatred to his king, Did wisely from expensive sins refrain, And never broke the Sabbath but for gain; Nor ever was he known an oath to vent, Or curse, unless against the government. Thus, heaping wealth by the most ready way Among the Jews, which was to cheat and pray; The City, to reward his pious hate Against his master, chose him magistrate. His hand a vase of justice did uphold; His neck was loaded with a chain of gold. During his office treason was no crime; The sons of Belial had a glorious time: For Shimei, though not prodigal of pelf, Yet lov'd his wicked neighbour as himself. When two or three were gather'd to declaim, Against the Monarch of Jerusalem, Shimei was always in the midst of them; And if they curs'd the king when he was by, Would rather curse than break good company. If any durst his factious friends accuse, He pack'd a jury of dissenting Jews, Whose fellow-feeling in the godly cause Would free the suff'ring saint from human laws : For laws are only made to punish those Who serve the king, and to protect his foes. If any leisure time he had from pow'r, (Because 'tis sin to misemploy an hour) His bus'ness was, by writing, to persuade That kings were useless, and a clog to trade : And, that his noble stile he might refine, No Rachabite more shunn'd the fumes of wine. Chaste were his cellars, and his shrieval board, The grossness of a City-feast abhorr'd : His cooks, with long disuse their trade forgot, Cool was his kitchen though his brains were hot. Such frugal virtue malice may accuse, But sure 'twas necessary to the Jews: For towns, once burnt, such magistrates require, As dare not tempt God's providence by fire. With sp'ritual food he fed his servants well, But free from flesh, that made the Jews rebel ; And Moses' laws be held in more account, For forty days of fasting in the Mount.”

"In the year 1680, Bethel and Cornish were chosen sheriffs. The former used to walk about more like a corncutter than sheriff of London. He kept no house, but lived upon chops; whence it is proverbial, for not feasting, to Bethel the City." North's Examen.

Francis Ferrey, Richard Frankling, Thomas Wade, butcher, Edw. Kemp, ale-draper. Being sworn, the Indictment was read.

"The Jurors for our sovereign lord the king, upon their oath do present, That Slingsby Bethel, late of the parish of St. Olave's Southwark, within the town and borough aforesaid, in the county of Surry, esquire, on the 12th day of March, in the three and thirtieth year aforesaid, and within the town and borough of the king, with force and arms at the parish aforesaid, in the county aforesaid, in and upon one Robert Mason, at that time one of the king's watermen, in the peace of God, and of our lord the king, then and there standing, did assault and make a battery, and the said Robert Mason then and there most grievously and dangerously did beat, wound, and evil entreat, so that his life was greatly despaired of, and other enormities that then and there he offered to, and brought on the said Robert Mason; and that the same Slingsby Bethel, then and there, to wit, the same 12th day of March, in the 33rd year aforesaid, in the parish aforesaid, in the town and borough aforesaid, in the presence and hearing of very many of the subjects of our sovereign lord the king, then and there to the said Robert Mason, he spake, uttered, and with a loud voice declared and published these provoking, threatening, and opprobrious words, to wit, Sirrah,' pointing at the said Robert Mason, I, (meaning himself, Slingsby Bethel) 'will have your coat,' (a certain cloth coat of a red colour, with which the said Robert Mason was covered, and adorned with a certain badge of our said lord the king upon the said coat) 'plucked off your back,' to the great terror, disturbance, and trouble of divers of our sovereign lord's liege people and subjects, being then and there present, to the evil example of all others offending in the like case, as also against the peace, crown, and dignity, of our sovereign lord the king, &c."

Mr. Peasely. My lord, and you gentlemen of the jury, Slingsby Bethel, esq. stands indicted, for that he, the said Slingsby Bethel, made an assault and battery on Robert Mason: as also for menacing and threatning words; saying to him the said Robert Mason, Sirrah, I will have your coat plucked off your back,' to the great terror and damage of the said Robert Mason, &c. to which indictment he has pleaded, Not Guilty.

Mulloy. My lord, and you gentlemen of the jury, I am counsel for the king, against Slingsby Bethel, esq. who, upon the 12th day of March last, in the 33rd year of the king, did assault Robert Mason, one of the king's water

749] STATE TRIALS, 33 CHARLES II. 1681.--for an Assault and Battery. [750

men, and did injuriously beat and strike the said Robert Mason, did give several opprobrious words, saying, he would have his coat plucked off his back, &c. To which he pleadeth, Not Guilty.

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Mr. Holt. My lord, and you gentlemen of the jury, I am counsel for the king, against Slingsby Bethel, esq. you understand the issue you are to try, it hath been opened; the question is, whether Mr. Slingsby Bethel be guilty of this battery, and the matter contained in the indictment, and the aggravating words therein or no? The occasion was, that in March last, there was an election for two burgesses to be chosen to serve in parliament for this borough; this Robert Mason was desired to come from Lambeth, to see whether any of that parish came to poll, which had no right so to do. The competitors were, sir Richard How, captain Rich, Slingsby Bethel, and Edward Smith, esqrs. Mr. Slingsby Bethel shewed, at his en trance into the borough, what inclination and temper he came with; for his followers, and such as came with him, came with their Goddamme's, and several execrable oaths against those that voted against him; after the election began, and the poll demanded, truly, then Mr. Bethel acted his part, and took occasion to go! off from the place where he was, and strike several persons that were acting against him, particularly this Robert Mason, finding him to be against him, took his cane, and knocked him over the pate, and afterwards knowing him to be the king's waterman, said he deserved to have his coat plucked over his ears: were the affront against him as a single person, it were not of so bad consequence; but we are to take notice of the solemnity of the occasion of the meeting: now, consider the occasion, it was for the choosing of parliament-men; and had it not been for the prudence of the waterman, in forbearing to strike again, God knows the effects, and what an uproar it might have occasioned but he prudently refrained, and took his course in a legal way, and according to law hath preferred this indictment against Mr. Slingsby Bethel. Now though the said Mr. Bethel be so great a man, and a person of value lately Sheriff of the city of London: and he, Robert Mason, appearing to be but a poor waterman, yet I don't question, he will find an English jury to do him right,

King's-Counsel. Call Mr. Robert Mason, Arthur Adams, Thomas Walbroke, Griffin Meade, Tho. Smith, Alexander Dory, Lawrence.

Mr. Holt. Mason, What can you say on the king's and your own behalf, concerning this matter?

Mr. Thompson. By whose solicitation came
you there?

Mason. I was desired to be there.
Thompson. What did he strike you also with
his fist?-Mason. Yes.

Thompson. Where did he hurt you with all
his blows?-Mason. On the breast.
Thompson. How many blows?

Mason. He gave me twenty blows at least I can swear safely; but how many more, I know not.

Thompson. Did not you, before Mr. Bethel came there, interrupt the people's coming to poll, and what did Mr. Bethel say?

Muson. He asked what I did there, and bid me go down.

Justice Pyrs. Did Mr. Bethel single you out from the rest of the company? Mason. Yes, he did. King's-Counsel. Call Adams. Adams, what can you say? Did you see Mr. Bethel strike Mason, and what words did he say?

Adams, first witness. There was a tumult at the stairs, and they called to me, being constable, and when I came, Mr. Bethel and Mason were together, and a great company followed them; I said, Sirs, pray keep the peace; and I saw Mr. Bethel give him two or three shugs, and said, Sirrah, I will have your coat off your back;' and Mason answered, Ay and so would my master's too, if could.' you Holt. Adams, tell the court what think would have been the consequence if Mason had struck again.

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Adams. It would have been of a sad consequence.

Holt. What was Mr. Bethel's behaviour, when he entered into the borough? Did you see him come into the borough?

Adams. They came in and cried, No Abhorrers, No Abhorrers.

Thompson. Did you hear Mr. Bethel say so?
Adams. No.
Thompson. Did you
Adums. No.

hear him swear?

Thompson. Who was it that swore ?
Holt. He that rid first.

Thompson. Mason said, Mr. Bethel gave him twenty blows; Did you see it?

Adams. I was not there all the while, I did not see it.

Thompson. Thomas Walbroke, what can you say to the case in hand?

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Walbroke. I stood by the stairs when Mr. Bethel passed; I saw Mr. Bethel thrust him down the stairs, and I said, Robert, take care what you do! Mr. Bethel said Sirrah, come down;' Mason said, I will come when I see my own time, I do nobody any hurt:' Mr. Mason. I was standing upon the steps, by Bethel answered, I command you to come the door in the artillery ground, and Mr. Be-down,' and his answer was, 'I will when I see thel came and gave me divers blows on the my own time.' stairs, knocked me with his cane, and followed me down beating of me, and said, Sirrah, I will have that coat plucked over your ears;' and I answered,So you would my master's too, if you could,'

Thompson. Did you see any blow given by Mr. Bethel?

Walbroke. No I saw none; I won't swear to any blows, but I saw two or three pushes in the breast; he pushed him back,

Thompson. And how many blows were given, ten, twenty, or how many P

Walbroke. I will not answer any thing concerning that.

Thompson. Upon the oath you have taken (being, I think, you are an honest man) had the waterman this coat on at that time? Or had he not a campaign coat over it.

Walbroke. He had that coat, but I don't remember any other.

King's Counsel. Call Griffith Meade. Give an account of what you can of this matter. Meade. I saw a great number of people come to the place, and saw Mr. Bethel give him a push, and that was all.

you hear?

Thompson. What words did Meade. No words. Thompson. How was this man clothed? Was he clothed with this coat, or had he a campaign coat over it?

Meade. I cannot tell.

Thompson. Upon the oath you have taken, how many blows did you see given, because they say twenty?

Mcade. No blows at all, but a little push. Call Thomas Smith. (He appeared.) What do you know?

Smith. As Robert Mason and myself stood together, Mr. Bethel came round the buryingplace, and he brought a great multitude of persons with him, and bid Mason come down the steps: Mason answered, I will come down when I see my time. Mr. Bethel said, If you will not come down, I will have your coat plucked off your back. Afterwards many words passed, which I cannot remember, and Mr. Bethel pushed him on the breast.

Second Counsel. Mr. Smith, Pray give the court an account of the behaviour of the men that followed Mr. Bethel: Did you not see Mr. Bethel give Robert Mason a push, when he was in the Artillery ground?

Smith. I saw none.

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Mulloy. Call Lawrence. He appeared. Lawrence, give the court and jury an account of what you know of the quarrel between Mr. Bethel and Robert Mason. Did you see Mr. Bethel give him any blows? And give an account of the behaviour of Mr. Bethel and his company, when they came into the borough.

Thompson. This indictment is for an assault and battery; if you can give an account of that, do; but not of the behaviour of those that came with Mr. Bethel; that is not the matter at this time.

Holt. I answer, Sir, it is not; but we ask the question, to make out the behaviour of Mr. Bethel and his company, and shall leave it to the jury, what judgment to make of it.

Lawrence. I saw the persons that came with Mr. Bethel, hectoring and swearing at a strange rate, and the persons which rid before, cried Hollow, hollow.

Thompson. I appeal to Mr. Holt; What if John an Nokes, or Tom a Styles, swear and hector, &c. shall Mr. Bethel answer for that, in a matter that falls out long afterwards, as this did?

Lawrence. I saw their behaviour, as I have said; and when Mr. Bethel came to Robert Mason, he stood with his hands behind him Mr. Bethel bid him come down; he said, ne, he would not: Then said Mr. Bethel, I will pluck your coat off your back? and Mason swered, Ay, and so you would my master's too, if you could.

Lord Mayor. Did Mr. Bethel swear, when he came into the Borough?

Lawrence. No.

Lord Mayor. Who did swear?
Lawrence. He that rid first.

Thompson. May it please your lordship, 1 am of counsel for Mr. Bethel the defendant, who has been, and stands indicted for making an assault and battery upon Robert Mason; and for speaking many menacing and threatening words, as, that he would pull his cost over his ears, &c. and for giving several blows; unto which we have pleaded, Not Guilty; They have produced several witnesses, and Robert Mason himself, who is so thoroughstitch in the case, that he swears so as no one can believe him; for his own witnesses do not; for they do not swear, nor pretend to swear like him, being not able to stretch at that rate; he is desperately mistaken, to speak the best of him.

For this Mason swears Mr. Bethel gave him 20 blows at least, but how many more he cannot say see how this will look, when we shall prove, by substantial and credible men, that not one blow was given, or push either. But suppose he were pushed, yet his evidence agree not one with another; for some swear to one push, some to more: but Mr. Mason swears to the full number of 20 blows at least, and that positively, but how many more, he doth not remember. But suppose it were so, yet the matter is not so much, but what may be justified by the occasion given and whe

case.

would be a good plea in law, in an action, willance, have you a right to poll? He answered. be the same upon pleading Not Guilty in this It may be I may. I told him, if he would not be civil, I should take a course to indict him. Thompson. And what was he doing? Travers. He was throwing people from both sides with his elbows. In this time, a report being carried to sheriff Bethel, of a person's leg broken, and a man like to be killed, sheriff Bethel came to the steps, and took him just by the arm, thus-[Shewing the manner]

May it please your lordship, the occasion of Mr. Bethel's coming here was this; being about the chusing of parliament-men for this borough, the competitors were, sir Richard How, Mr. Rich, Mr. Bethel, and Mr. Smith; there was a house wherein they appointed to poll, called the Artillery-House: when they came to take the poll at this place, where there is a pair of stairs which leads to the door, the manner of taking the poll was thus; first to fill the house, by that door to the stairs, and after they had voted, to put them out at the other door; this being the occasion of the battery, (however aggravated) will, to all that know it, or shall take the matter into consideration, seem a very shameful thing to ground an indictment upon. But this Mason, a very officious man, who had no right to poll, (as himself confesses) and who might have spared the trouble (for any authority he had) of coming there; and it might have been better he had stayed at home, by what he has sworn. This man and one Sam. Sams, a hectoring carman, were set upon the stairs; and their business was not (as they now pretend) to take notice who were fit to poll, but to understand who were for Mr. Bethel and Mr. Smith, and those they did abuse, and push them down the steps; which Mr. Bethel being informed of, came out of the house, and spoke civilly to them, and said, Friends, What have you to do here? If you have not a right to poll, come down from the place which Mason refusing, the defendant took him gently by the hand, and led him down the steps, giving neither blow nor push; we shall call witnesses to prove this. Now, for a gentleman that stood as one of the competitors for a parliament-man, at that time, in that place, he might do this to a person that had nothing to do there: nay, they themselves say, there ought not to be any interruption at an election; and that the interruption was from themselves, and that occasioned the mighty battery they make so much of We shall call our witnesses, and make this matter appear to be our case; and then, though Mason hath spoken of 20 blows, if believed, as there is but little reason for it, it will be sufficiently justified by the witnesses we shall produce, and the evidence we shall give in this matter.

and said, Pray, Friend, what hast thou to do here, hast thou a right to poll? At first he said, He had; afterwards he said, No. Then said sheriff Bethel, Pray go about your business. Mr. Bethel gave no blow, nor did so much as shew any passion, or angry countenance; and said no more: but others said, Mason was a rude person, and that he deserved to have his coat plucked over his ears.

Thompson. Did you not hear Bethel say so? Travers. No, but it was said by some of the company.

Thompson. I ask one question more. Mason said he had twenty blows, what say you to that?

Travers. He had not one, upon the oath that I have taken.

Thompson. Had he this coat on, or no? Travers. Truly I know not, I cannot tell; but he had a badge, whereby he discovered himself to be some gentleman's servant. Thompson. Was Sams there?

Holt. Mr. Thompson, is that a fair question?

Thompson. I did it purposely to try your observation; you would call to what others did long before the battery, I must not ask if one was there at the time of the battery.

Holt. Did you not see Mr. Bethel on the Artillery-ground, was not Mason pushed there ?

Travers. I tell you, Sir, there was not one blow given.

Holt. Then you did not see the quarrel on the ground?

Travers. I tell you, there was no quarrel on the ground: I stood on the steps when sheriff Bethel came; and the sheriff, when he was half way on the steps, seeing the waterman's posture he was in, said, friend, have you any thing to do to poll; if you have not, why do you make a disturbance? He answered, It may be I have, and it may be not. Pray, Friend, said sheriff Bethel, if you have not, Call Mr. Nath. Travers, constable, Mr. Ben- come down, I went from thence about the jamin Tarrant, Mr. Geo. Hampton, Mr.ground, and did not see the least blow given, Mark Clark, Mr. Thomas Weekes, -Air. Benjamin Gerrard.

Thompson. Let us begin with Mr. Travers. Mr. Travers, what account can you give of the matter?

Travers. May it please your lordship, I remember it as if it were but just now; I was called out of the house, to come to this door, hearing the people were in a very great disturbance; I came to this Robert Mason, and said, What do you there, to make this disturb

VOL. VIII.

or any appearance of passion.

Thompson Before Mr. Bethel came, how did this man behave himself, did he not shout, and behave himself rudely?

Hott. Let him speak of himself, let not words be put into his mouth.

Thompson. Had he a red coat on ?
Travers. I cannot say it.

Thompson. Mr. Tarrant, what can you say ? Turrunt. I was on the ground when the sheriff came, I was at some distance; but 3 C

upon the oath I have taken, I saw Mr. Bethel and the waterman coming together, but I saw no blow, and I am sure there was not one blow given.

Mr. Weekes, Give an account of what you know.

Bethel came; and had not Mr. Bethel come to appease the tumult, I do believe there had been much mischief done by them and Sams. Thompson. Upon the oath you bave taken, were any blows given?

Hatfield. No, Sir, there were none. Thompson. Were there any blows given by Mr. Bethel?

Weekes. My lord, I saw sheriff Bethel when he came into the ground, and went up the steps; I made haste after him, and was there Hatfield. No, Sir, not one; for Mr. Bethel all the while, and there was nothing like a being informed of the incivility of Mason and blow; but all he did was to this purpose-Sams, Mr. Bethel came civilly to them, and inPray, Friend, (said he) if you have no right treated them to come down, and bid them be to poll, go your way, what have you to do gone, and not make a disturbance. here? And I followed after him into the Artillery-ground, and there was nothing of a blow, or any thing like it.

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Thompson. You were there all the while?
Weekes. Yes, I was.

Thompson. Yet Mason saith, there were 20 blows given.

Weekes. Upon the oath I have taken, there was none, nor any thing like it.

Holt. Nir. Weekes, do you live in London, or do you live in the Borough?

Weekes. Sir, I live in London.

Holt. What is this witness to the purpose then ?

Thompson. May not a man live in London, and be a good evidence here? Notwithstanding, call Mr. Gerrard.

Mr. Gerrard, what can you say?

Gerrard. I was in the ground before Mr. Bethel came out of the polling-house; and I saw this waterman, and Sam. Sams, thrusting of people down, that seemed to be for Mr. Bethel and Smith, crying, How and Rich.

Weekes. My lord, my memory failed in this point; but, upon the oath I have taken, what that gentleman swears, it is true.

Thompson. Pray, Sir, (as you seem to be a sober man) were any blows struck by Mr. Bethe!?

Mulloy. Call Lawrence again, to shew that Mason did not make the disturbance.

Lawrence. I saw Robert Mason, and the party with him, behave themselves very civil; and the disturbance that was proceeded from the other party.

Thompson. This is the same man we had but now, he is called to witness again; a pretty way of multiplying witnesses: I appeal to Mr. Mason himself, whether this be not the same man you called once before?

Thompson. My lord, and you gentlemen of the jury, I think the case is plain, and needs no arguments; I shall only take notice how careful these men are (as they pretend) to keep the king's peace. The matter you see, in short, is Mr. Bethel (who stood for a parlia ment-man of this place, and at the same time bore an eminent character, as sheriff of the city of London) upon information given of the disturbance made by this Mason, and of the unfairness of their proceedings, only came civilly, and took him by the arm, persuading him to come away, and make no disturbance.

And this is the truth of the case, and the mighty battery they pretend to. Now, suppose that when people are in such a croud, and upon such an occasion, there were some pushes (as is the utmost here pretended) could Gerrard. I went with sheriff Bethel there this be a sufficient matter to ground an indictat that time, and asked the waterman what he ment upon? No, gentlemen, no: this indict had to do there? I cannot well tell what an- ment, and the design of it, is to raise a dust, swer he made; but Mr. Sheriff said, If you and, if possible, to cast reflections on Mr. have no right to poll, pray go about your busi-Bethel; but it is more than they can do in ness. Upon the oath I have taken, he did not strike one blow, no more than he doth now, standing in this Court before your lordship. Lord Mayor. Was there any pushing or thrusting by Mr. Bethel?

Gerrard. Upon my oath, my lord, not any. Thompson. And you say you were there all the while, and saw no disturbance given by Mr. Bethel ?

Gerrard. I am sure there was not. Thompson. Had he this coat on, or no; or had he not a campaign coat on?

Gerrard. To the best of my remembrance he had a campaign coat on, and I believe

he had.

Thompson. Mr Hatfield, pray give an account of what you know of the matter.

Hatfield. There were two men which I saw in red coats, which pushed down the people that came to poil for Mr. Bethel, before Mr.

point of law, by any matter here proved, if Mason's witnesses do swear true: yet you see how Mason behaves himself, crying How and Rich, striking down all that came between Sam. Sams and him; so they broke the peace, and raised the disturbance themselves. And in that case, any man (and why not Mr. Bethel?) might have taken him, and carried him before a magistrate, and have justified it. But now, for the credit of the thing: you see that none swears it but Mason himself; but even he swears to that impossibility, so over-reaches the matter, through the excess of his passion in swearing, that no one can believe him; if he had sworn modestly, as the rest did, to two or three pushes, it might have been credited; but to 20 blows, no one can believe it; neither doth any one of his own witnesses swear like him, or of so much as one blow given: so there is not one word Mason saith can be credited.

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