James Beaver proceedingsdefend , William Eldridge proceedingsdefend , Hester Stibbs proceedingsdefend , Eleanor Hornsby proceedingsdefend , and Anne Lane proceedingsdefend , were indicted for a Riot, in assembling themselves with diverse other Persons in a Riotous Manner under a Pretence of celebrating in a publick and insulting Manner the Death of Thomas Bean < no role > This name instance is in set 3085. , a Malefactor convicted last Sessions for Felony, on the Statute of the First of the King, and executed for the same ; and in open Contempt of the Government and the Laws of the Land ; on the 30th of September last.

Mr. Carleton Smith < no role > depos'd, That the Friday before the Lord Mayor having Information that a Procession was intended to be made the next Sunday, by a Number of Persons who were to be drest with White Hoods and Favours, and to walk in that Manner thro' the principal Streets of London, his Lordship gave him Orders to enquire diligently into it, and endeavour to find out where they who compos'd it were assembled; and about Nine a Clock that Morning he saw a great Crowd of People (near a Thousand) in Salisbury Court , and thereupon he went back to acquaint the Train'd Bands of it, who were posted at Bridewell; thereupon they went up to the Multitude and bid them disperse; which signifying but little, they drove them away by Force. That in the Afternoon he went in Search of them again, up and down, where he imagined they were; and about Three a Clock saw a very great Concourse of People at the farther End of Water-lane ; but did not think proper to go too near them, being alone, lest he should be discover'd, and inform'd himself of their Motions by another Observer: Then he went to the Captain of the Train'd Bands, who sent a Detachment to disperse them; but when they came they were gone to Black Fryars ; upon which they follow'd them and saw them upon the Water in two Boats; and they took that in which were the Prisoners; the other had put off some Time before, and got away. That he would have had the Train'd Bands level their Pieces to make that Boat bring to; but they did not think fit to do so. That Beaver jump'd out of the Boat into the Water to make his Escape; but was retaken. The Men had White Gloves and Favours; and some of the Women White Favours, White Sarsenet-Hoods, and White Gloves; others had no Favours. That all the Prisoners were then carried before the Lord Mayor, and said upon Examination, they were going to St. George's Church.

Mr. John Hill depos'd, that being with the Captain of the Train'd Bands that Afternoon, Mr. Smith came to them, and said there was a great Multitude of People in a Procession in Water-Lane; upon which a Detachment was order'd out; and he went after the Prisoners to observe their Motions, and saw them take a Boat at Black-Fryars-Stairs; but that not being sufficient for them all, and no other being ready, he hastned to the Officer of the Train'd Bands, and told him, he might overtake some of them before they could get off, who therefore march'd with all Expedition, and came up with the Prisoners just as they had put off; upon which he jumpt into the Water, and caught hold of the Boat-rope and haul'd it ashore. That there were three others with them dress'd after the same Manner who the Lord Mayor discharg'd, it appearing they had not been at Bean's Funeral with the rest, but were invited and allur'd into this Procession by them.

Lieutenant Blackwell < no role > swore, That on the Day aforesaid he march'd under Captain Kelson < no role > in the Train'd Bands; who having Notice of the Design of the Prisoners and the rest to make a Procession, as had been mention'd, commanded him to march with the greatest Expedition, and overtake them; but coming to Water-Lane, he receiv'd Information that they were gone, by the Mob. who hiss'd at, and shov'd his Men, hollowing for Joy of their Escape, and crying out, They are gone, They are gone. But Mr. Hill bringing him Advice, that he might still come up with some of them before another Boat could be ready to carry them off, he pursu'd his March to Black-Fryars-Stairs, and there took the Prisoners. They all endeavour'd to excuse themselves to him by saying, We have done no Harm; Can't we go where we will with our own Favours, and such like. He further depos'd, That he had receiv'd Information that the Procession was to consist of 2 or 300 People dress'd like these, who were to go in the Morning to St. Septebres Church, and take a Turn round by all the Mug-houses, and then to St. Brides Church yard where Bean was buried, to commemorate him: which being a most infamous Contrivance to disturb the Peace of the City, and his Majesty's Government, and in open Defiance of the Laws of the Land, he thought it his Duty to give Notice of it to the Lord Mayor; for which Service some of the Leaders of the Party had since arrested him in an Action of 50 l.

Captain Kelson < no role > swore, That his Lieutenant Blackwell came to him, and informed him of the Procession a Day or 2 before, and it being his turn to march that Day, they went together to my Lord Mayor's, to acquaint him with it and receive his Orders, upon which his Lordship bid him go to his Major for Orders to raise his company by 7 a Clock that Sunday Morning, those he already had being to meet at 4 in the Afternoon; which he accordingly did and was upon Guard with his Company by 9; and some time after 2 Constables (one of which was Johnson, who encourag'd the Riot at the Mug house in Salisbury-Court) came to him and ask'd him why he suffer'd such a Mob in the Streets, having a Power and Instructions sufficient to disperse them; upon which he order'd a Detachment to asist the Constables in the Performance of their Office (according to his Lordshi'ps Directions) and afterwards another with his Lieutenant to pursue the Prisoners.

Mr. Robinson Swore < no role > , That being a Constable, he was desired by Lieutenant Blackwell the Saturday Night before, to accompany him to Salisbury-Court that Sunday Morning, which he did, and went with the Detachment to Black-Friars , where he was charg'd with the Prisoners after they had been taken in the Manner before depos'd; who said they had done no Harm, but had chosen the By-Ways to prevent giving Offence. He also deposed, That there were some Hundreds of People through which they pass'd, who were very rude, violent, and tumultuous.

The two Men, Beaver and Eldridge, said in their Defence, they were intimately acquainted with the late Bean, and were invited to his Burial by his Mother, after which they agreed to go with the rest, who were also invited, to Church in their Favours, and other Funeral Ornaments, as was usual in such Cases; and neither thought nor intended to give Offence; and humbly hop'd that the Court would consider their Youth and inexperience, and not punish that for a Crime which was never intended by them to be one.

As to the Woman, they all said too, they were invited to the Burial, and Stibbs said she made an Excuse to go to see her Aunt, to her Master, when she went to it; Lane said she was Bean's Fellow Servant; and Hornsby, that she liv'd once in the same Court with him: And that they furnish'd themselves with what Ornaments they had, and thought they had committed no Offence, nor done any thing but what was usual. And all of them own'd, that what they had done, was in Respect to Bean's Memory.

One of the Men said there was but Seven or Eight Couple; but the Evidence against him Swore, there was Twenty or Thirty; upon which he replied, the rest did not belong to them, nor did he know them; but thought they might belong to another Funeral, which happen'd the same Evening in St. Brides Church-Yard.

Then the Lord Parker summ'd up the Evidence; which the Jury Considering, brought the Prisoners in Guilty of the Indictment.

[Fine. See summary.]