John Lant proceedingsdefend , Richard Ayres proceedingsdefend , David Kite proceedingsdefend and John Ambler proceedingsdefend , were indicted for a Misdemeanor, for that they, with 500 others, did on the 23d of July at Night, in the Year 1723 . with Force and Arms, unlawfully, riotously, and tumultuously , assemble together, and so continued for the Space of three Hours, to the Disturbance of the King's Peace, and against the Statute in that Case made and provided . The Prosecution was manag'd by Mr. Attorney General, and the Council for the King, who having opened the Cause, supported their Charge by the following Evidences.

John Bates < no role > depos'd, That being in his own House on the 23d of July, between six and seven a Clock, he heard a great Noise, and Hollowing near Cripplegate, and saw about 20 Men with great Sticks and Clubs. That they came to the House of a Neighbour of his, Mr. Jones an Apothecary, making a great hissing, and shaking and rattling of their Clubs; and did in the like Manner at the Crown Tavern and Crown Coffee-house, marching backwards and forwards, and in an Hour's Time got a great Number together, and about eight a Clock they made two Bonfires, one on one side of Cripplegate, and the other on the other. That when one of their Fires was pretty well burnt, they came again to the Crown Tavern, and he saw a great Club thrown from among the Mob, which hit a Man and knocked him down. Then they throwed Stones and broke the Lamps at the Crown Tavern Door, and afterwards retreated to the Bonfire. Then some Gentlemen went out of the Tavern, and went as near the Bonfire as they durst to venture, and read the Proclamation, after which they were quiet for some Time; but afterwards they came up again in a great Body, he thinks some Hundreds, many of them with Clubs and Staves; and as he was standing at his own Door, some of them came up to him and struck him. Whereupon he retired to the Inside of the Door, and bolted it, then they broke his Windows. That there were in the Coffee-Room about four or five Persons reading the News, who being frightened at their breaking the Windows, and throwing in Stones, they ran up Stairs, and before he could bolt the Back-door, they came to it, burst it open with great Violence, broke his Sconce which hung in the middle of the Room, heat and bruis'd him very much; and as he held up his Hand to save his Life, was struck on it, so that it broke the Bone, of which he is lame, and like to be so as long as he lives. They having continued there about two Minutes, some Gentlemen that were at the Crown Tavern came down, and they went away. That there was no Provocation given the Mob, that he knew of, and what was done afterwards he could not say, being so battened and bruised, and wounded to the Scull, that he was render'd insensible.

Mr. Adams depos'd, That between nine and ten a Clock, the 23d of July aforesaid, he heard at his Door a very great Noise of hissing and following, but they went away, and about an Hour afterwards came again with a greater Number, hissing and hollowing, and crying our, Down with the House, but went away again. After which he went to some Gentlemen who were drinking in his House, having been upon Exercise with Captain Saunders in the Artillery Ground, whose Company had mustered there that Day; and be himself also being Major of the White Regiment, they being at his House at Supper, he acquainted them with the Danger he apprehended he was in from the Mob, and desired them to assist him in case of need. That afterwards the Mob came again the third Time, broke all his Lamps, his Lanthorns and Windows, almost half way in his Passage; and he having sent up for them to come to his Assistance, being afraid they would have pull'd down his House, according as they had cry'd out, the Gentlemen came down and drove them out.

Joseph Lamb < no role > depos'd. That he and others having marched that Day as Voluntiers with Captain Saunders, were, after the Muster, invited by him to Sup at Major Adams's, at the Crown Tavern near Cripplegate . That while they were there, a Person came up, and said, The Mob were pulling down the House of Mr. Jones an Apothecary, a Door or two off, but upon that none of them went down, That after this he heard several Noises, and several Messengers came up, at Times, from between nine and ten a Clock, bringing News of Injuries that had been done, till about eleven, that they went out and took some of them. After that another Messengers came up, and said, they had broken Major Adams's Lamps; and that several People had been knocked down, and Sticks had been flung into the House. That upon this he went down and several follow'd him. That the Mob were driven out, and attempting to come in again, he caught hold of a Firelock, and told them, if any Body came in, and attempted to knock any Body down, he would fire at them. That then he went out with a Constable to read the Proclamation, having his Sword drawn to defend him from the Violence of the Mob, and going to Cripplegate, the Gates were shut against them. That the Constable put through his Staff, to shew his Authority, and commanded the Constable, &c. to open the Gates, but he refusing, they went to the Posterns, but they being shut they were obliged to go round through Moorgate, and coming to Cripplegate they read the Proclamation. That there was among the Mob the Cry of, No King George; no Hannoverian Proclamation. And, that one Person, whom he was told was a Smith, particularly cry'd, No King George, but Williams for over; but he pursuing him with his Sword drawn could not overtake him. That having come back to the other side the Gate, there was Lant with a great Oaken Stick in his Hand, where he and Ambler were taken.

Thomas Carter < no role > depos'd, That that Night he was at Supper at Major Adams's House, and the Servant Said to him, William's Mob is out. To which he reply'd, Lot them alone, I hope not a Man here will stir. That having stay'd some Time longer, he went down, in order to go home, and found the Entry full; and, that the Lamps and Windows had been dash'd in pieces. That thereupon he asked, if they had read the Proclamation, and was answered, Yes. That the Mob seeming then to be rallying again, he bid them read it again, and if they did not disperse he would go out and help to take some of them; and, that as the Proclamation was read, they throw'd Firebrands. That the Mob rallying again, Mr. Adams said to him, For God's sake do not go away, I am afraid my House will be pull'd down. That he afterwards went out and laid hold of one of them, and Lant came and jostled him. One said to him, There is Lant, who has been heading them all this Night, and was call'd, the Captain of the Mob. That having said hold of him, Captain Lamb came up, and bid him deliver his Stick, or it should be worse for him, and so as last they wrested it out of his Hand, and carried him to the Crown Tavern. He added, That he heard the Mob cry, Down with them; Down with the House, &c.

Samuel Laurence < no role > depos'd, That he going to the Crown Coffee-house, to speak with a Friend, going into the Passage of the Crown Tavern, a Gentleman that had been with the Gentlemen of the Militia, said to him, Mr. Lawrence, You are a Constable, are you not? To which he reply'd, He was. Upon which he desired him not to go away, for that he believ'd the Mob would be very unruly that Night. That he answered him, He had not his long Staff, and he would not go among them with his short one; at which Mr. Adams said he would borrow him a Staff, and he did so. And, that at that Time the Mob began to halloo, and gather about the Door. That there was also another Constable present, who had a short Staff. That the Mob growing more unruly, he desired them to go to their Bonfire and be quiet, saying, no Body shall abuse you, or meddle with you, the Aldermen have done Sir John Williams < no role > Justice, and no Body shall obstruct you in your Rejoycing. The other Constable had likewise a Staff brought, and in about a Quarter of an Hour they grew very unruly, and threw Stones, and broke the Lanthorns. That then he spoke to them again, saying, Do you know what you do? That he there saw Lant with a great Stick, flourishing it; and, as he thinks, going to strike him. After this they grew more violent, and threw Sticks into the Passage; upon this some Gentlemen, who were in the Tavern Passage, were for going out, but he disswaded them from it, that they might give no occasion or pretence of their being the Aggressors, and none did go out; and he clapp'd his Staff cross the Door. That some Persons advised the Reading the Proclamation; that they went out to read it, but they were so push'd and shov'd about that they could not read it; and he was forc'd, for fear of being more abus'd, if not murthered, to withdraw; but afterwards it was read, and he had his Head broken going to read it; and the Mob pursed them that had been reading it to the Door, and threw Sticks and Firebrands in very violently, and broke the great Lanthorn to pieces, and pressed so against the Door, which they were attempting to shut, that a great many People could not shut it against them. but they forced their way in, and Mr. Bates was very much wounded. That then being driven out they retired to the Bonfire, and they went to read the Proclamation at the Bonfire that was on the Inside of the Gate, but the Gates were shut, and he put his Staff partly in between them, to show his Authority, but they refus'd to open the Gate, so they went round, as has been before depos'd, and there Kits was taken, who said the Constable was a Fool and a Blockhead, for reading the Proclamation. That the Cry was, High Church and Williams. And, that in the whole, he never did see a more unprovok'd, and barbarous Abuse of People, that gave them no Provocation in Word or Deed in his Life.

Mr. Harris, a Constable depos'd, That he being at the Crown Tavern at Supper, with some Gentlemen, Members of the Artillery Ground, who had been there at their Tuesday's Exercise, there was News brought them, that there was a very great Mob, and that they had broken the Lanthorn, and threatned to pull down the House, and the Master of the House came up and desir'd them to stand by him, and not long after they heard the House was attack'd, and some Gentlemen desir'd that the Proclamation might be read; that he replying he had it not, was told there was a Person there who had it in his Pocket in writing; that they did then go to the Bonfire and read it, and told them the ill Effect of their violent Proceedings, and return'd to the Tavern, and took Notice by their Watches, that it was then about 10 Minutes after 10 a-Clock; that in about a Quarter of an Hour after, there was such a terrible Racket about the Tavern Door, that they getting up in a Hurry, went out of the Room, forgetting to put up their Watches, but one Gentleman went back and secur'd them. When they came to the Door they found the Lamps and Windows broken, and heard several had been wounded, and tho' he spoke to them very civilly, he was forc'd to retire, and in the Passage he receiv'd 4 or 5 very Severe Blows, Stones and Sticks being flung in as thick as Hail; that then there came some Gentlemen down Stairs, and forc'd them to retire; that he saw Lant with them at the Tavern Door, when he was going out to read the Proclamation, which was done without making any Disturbance; and that they had assaulted the House before this Time. Being ask'd by the Council for the Prisoners, whether there had not Men gone out with Swords, Muskets, and Bayonets? He reply'd, there were 2 went with Swords, and 2 with Muskets, to defend the Person that read the Proclamation.

Daniel Frazier < no role > depos'd much to the same Effect, adding. That after the Proclamation was read the second Time, the Mob came up in a Body to Major Adam's House, and there was a hot Dispute, they throwing Sticks, Stones, and Fire-brands; and that the Proclamation was read three or four Times. That he saw one of the Prisoners there, which he thinks was Ayres, and Lant was flourishing his Stick without the Gate, and was call'd the Captain of the Mob.

Mr. Jones depos'd, That he having had the Misfortune to be in the Scrutiny for Mr. Feast, upon the Day mentioned in the Indictment the Mob came to his House about 7 a-Clock in the Evening with great Clubs, and in a violent Manner broke his Shutters, and at that Time he saw Ayres among them.

John Pickard < no role > depos'd, That he saw a great Mob about the Castle Tavern, who cry'd, down with the Rump. Lockwood and Williams for ever no King George; that at Cripplegate there was the same Cry of Lockwood and Williams for ever, and they made him pull of his Hat, at their Outcry; that they also cry'd out, No King George several times. That there were then about 200, and he saw Ayres there, with a Stick in his Hand. That going to the Crown-Tavern, he saw Lant the Carman there, with a great Mob of 150, or more, and their Cry was at the Door of the Crown-Coffee House, Down with the Rump, Down with the House, and at the Crown Tavern a great Stick was thrown, which miss'd him, and hit some body else; and afterwards they came up with great Violence, and several Persons were knock'd down and beaten in an unmerciful manner.

Daniel Quarles < no role > depos'd, That he living at the Crown-Coffee House, went out, and coming Home about a quarter of an Hour before Mr. Jones's Windows were broke, saw a violent Mob, who cry'd out, Down with the Roe-buck Coffee-House, Down with the Roe-buck Tavern; that thus they went their Rounds, and Lant was there flourishing his Stick about over his Head.

Mr. Power depos'd, That being near the Crown-Tavern, about 9 a Clock, he saw a great Mob, and he desir'd them to disperse, and they cry'd, Knock him down, and they did so; that they were near 200; that they cry'd out, No King George, No Hannoverian Proclamation, when the Proclamation was read; that they cry'd, Down with the House; and that he saw Lant there.

Jonathan Woodley < no role > depos'd, That he being at the Crown-Tavern, the House was assaulted, and he being desired to assist in saving the House from being pull'd down, receiv'd a desperate Wound on the left side of his Forehead, which laid his Skull bare, so that he was two Months under the Surgeons Hands. The Mark of which he show'd in Court.

Mr. Ambrey depos'd, That he being drinking with Company at the Crown-Tavern, a Person came up and said, Mr. Jones's House had been assaulted. Some time after they had News brought them, that they were breaking the Windows of the Crown-Coffee-House, and afterwards Major Adams came up, and told them, his House was assaulted, and desir'd them to come down; that he saw the Glasses broke: That the Proclamation was read, and they sat down again to drink. That afterwards Major Adams's Porter was brought in wounded, and he dress'd him. Then Mr. Woodley was brought in wounded very dangerously, him Skull being laid bare, and he took a Splinter of Wood out of the Wound; and he was also very much bruised; and that Mr. Merry and others were also brought in wounded, to the Number of six or eight. And that afterwards he heard that Captain Lamb had taken some of the Mob, and Lant was brought in, and he heard him own the Stick, which was taken from him, to be his Stick, and that he was in the Mob.

Mr. Merry depos'd, That being at Supper, Mr. Smith brought Wood, that the Mob were breaking Mr. James's House; that about an Hour, or Hour and half after, the Drawer came and asked him, if he would stay there, and let his Master be knock'd on the Head in his own House; that he went down, and the Major had gather a Mop-stick, and he pull'd off the Head; and asking him if he would see him kill'd in his own House, he reply'd, No; and gave it him. That there coming up a great Number, he oppos'd them, and knock'd down two, but was knock'd down himself, miserably beaten and bruis'd when down; was wounded and bruis'd in the Head, and many other Places, and especially his Arm, the right use of which, he is never like to receive.

The Council for the Prisoners were, Mr. Hungerford and Mr. Kettleby; who during the Course of the Evidence for the King, were not wanting in cross-examining the Evidences for the King; and so also in the Defence of their Clients spar'd no Pains or Rhetorick to clear them of the Charge of a Riot, by laying it upon their Accusers, which they attempted to do by the following Evidences.

Mr. Kelpin depos'd, That he liv'd at the House which is over Cripplegate, and that he look'd out of the Window, and they lighted a Fire on the Inside of the Gate, and there was no Disturbance; and then they lighted another Fire over against the Castle-Tavern, and cry'd out, King George for ever, and Sir John Williams, and they took a Walk round about, without any Disturbance; and at last there was a Company of Captains of the Train'd Bands, who made them run away, and they kick'd the Bonfire abroad, and went into the Tavern again, and then they lighted it again, and cry'd, King George for ever; and then the People came out of the Tavern again, and then the Fray began. That they had Guns and Bayonets, to the Number of 4 or 5, and Swords waving, and they were the Cause of the Riotous Doings. That he saw them come out twice, and fell upon them, and they ran away like Sheep. That he heard no manner of Noise, but at the Crown-Tavern, and he did not see that they went there; but he believ'd they at the Crown-Tavern were the Transgressors.

Joseph Jude < no role > depos'd, That about 10 a Clock, having been drinking thereabouts, he saw Men in Scarlet and Buff kicking the Bonfire about, and one of them was Captain Stray; and that another Captain came out, shaking his Sword, who he heard was call'd Capt. Lamb, and he swore they should have no Bonfire; that when they were gone, the People put the Bonfire together again, and he saw the Men in Scarlet drawing up to dislodge them; that he clapp'd his Back against Bates's Window, and they came towards them, and met them, and the Red-Coat Men were forc'd to retire. But in two Minutes time came out with their Bayonets in their Muskets, ten or a dozen of them, but he could not tell whether or no there had been any thing done at the Crown-Tavern before.

- Worsley depos'd, That he saw no Disturbance till it was almost 9 a Clock; that some Persons came out of the Crown-Tavern and cry'd, King George for ever; that one had a drawn Sword, that they kick'd out the Bonfire, they about it running away; but afterwards came and put it together, and ran round it, and cry'd, King George for ever, and Sir John Williams; That he saw Gentlemen in Scarlet, and Granadiers between the Conduit, and they cry'd, Fire, and one did fire, and there was a Fray. He could not tell whether there were 4 or 5 with Fire-Arms, but he could not say that none of the Bonfire-People had been at the Crown Tavern before this.

John Ridgley < no role > depos'd, That he was at his Door, about four Yards from the Bonfire, and they were dancing about it; and there came out twelve or fourteen Soldiers out of the Crown Tavern, some with Swords drawn; and Captain Stray < no role > pok'd the Fire about with his Sword in the Scabbard, and swore, He could not bear to see the Fire. But when the Men in Buff and Scarlet were gone, and retir'd to the Crown Tavern again, they at the Bonfire pick'd up the Sticks and put it together; and, that they never went near the Crown Tavern, that he saw; and, that the Soldiers were half of them drunk, and he thought they would have kill'd one another, for they had a great Mob of their own Party, and at last they came out and fought; then the Mob at the Fire met them, and then the Soldiers run away, and retired to the Tavern, and shut the Tavern Door; and there was none about the Bonfire but Women and Children.

Samuel Gray < no role > depos'd, That the Bonfire was lighted about duskish, and he stay'd at the Castle Tavern, and there were about twenty or thirty that went round the Bonfire very quietly; then a Party of the killing Captains sallied out of the Crown Tavern and came to the Bonfire, and kick'd the Fire about, all that were about the Fire being gone away; and then having vapour'd round it, they went to the Crown Tavern again. And when the People were got round the Fire again, Men in Scarlet and Buff came out again with about seven or eight Guns, and two Swords drawn, and the Bonfire People met them, and the Captains ran away first, and then they came out again and read a Proclamation, about ten or twelve Words, and then it wanted about a Quarter of an Hour of eleven a Clock. And the Gate was shut, and they went round.

John Benson < no role > depos'd, He saw two Gentlemen in Scarlet, one with his Sword drawn, and another with his in the Scabbard, and eight or ten with Sticks, they about the Fire being run away, they push'd the Fire about, but he did not know where they came from. They retired thro' Cripplegate, and by and by there came out four or five with Muskets, and the Gates were shut.

Moses Wilson < no role > depos'd, That he heard a following, saw a Bonfire, and a great Company of People gathered together about the Crown Tavern Door, and the People were hurrying about in the Crown Coffee-house. That some Gentlemen in Scarlet came out with Swords drawn in their Hands, and walk'd towards the Bonfire. That those at the Bonfire drew up towards them, but seeing their Swords drawn they ran away, and they demolish'd the Bonfire. Then the Gentlemen went in to the Crown Tavern again, and in half a Quarter of an Hour he saw two Mobs a fighting cross the Kennel, near the Tavern Door, and they made up to the Crown Tavern, and he heard Windows break.

Mr. Battin depos'd, That he saw Captain Stray come out at the Head of his Granadiers, and they threw the Bonfire about: and there were some with Constables Staves. That there was one Sword drawn, and one in the Sheath, the Mob ran away, and they kick'd the Bonfire about, and then went into the Crown Tavern again, after which the People return'd, and put the Bonfire together again. That some came out with Bayonets and Muskets, made a halt, and cry'd, Fire, and the Bonfire People ran away, and they came and read the Proclamation; and, that the Soldiers made the Battle. That they went to go through the Gate to read the Proclamation; and this was about Nine a Clock.

Mrs. Brown depos'd, That she saw it from the Beginning to the End. That they made a Bonfire, and rejoyc'd about it, and when it was about half burnt out, two or three came in Red Coats, and one with his Sword drawn, and one said, There should be no Bonfire. One of them was Captain Stray, and they put the Bonfire out, and went into the Tavern again, and stay'd there about half an Hour, and in the mean Time the People put the Bonfire together again. And afterwards the Captains, and Men in Caps, and two or three in red Coats, came to the Bonfire, and said, There should be no Bonfire. And there was hardly any Body at it but Boys and Girls, and they threw it about, and one Stick of Fire lay in the Front of the Passage of the Crown Tavern. That a Man came by, and said, What do you throw the Fire about for? And kicked the Billet, and it broke Adam's Lanthorn. That the Soldiers stood in the Passage of the Tavern, and there was a Fight there, and then they went about to take whom they could; and, that there had been no Assault upon the Crown Tavern, before they had been out twice, and there had been one Gun let off.

Mr. Howard, a Constable, depos'd, The Beadle came about half an Hour after nine a Clock to him, and told him, That the Soldiers came out of the Crown Tavern, and kicked the Bonfire about, and he believed there would be a Quarrel. That he went to Cripplegate, and the Bonfire had been kick'd about, and they were making it up again. That there was a great running through the Gate, and there were Persons in Scarlet Coats, and there was knocking down of People. That he saw one with his Piece levelled to shoot; that he commanded the King's Peace; that he saw Captain Stray there, and that another came with his Sword drawn, and he thereupon commanded the Gates to be shut.

This being the Substance of the Evidence, as to the Fact, the Prisoners call'd Witnesses as to their particular Persons.

As to Kite, some Evidences appear'd, who depos'd, That he had been drinking from about five, and was with them till half an Hour past ten.

As to Ayres, one Witness depos'd, That she saw him about another Bonfire at the three Tuns in Woodstreet till half an Hour past 10 a Clock, and he was taken up by 11.

As to Ambler, That he was much in Liquor at five in the Afternoon. And another Evidence, That she parted with him between nine and ten a Clock in Forestreet.

As to Lant, There were several Evidences who spoke as to him; but none that could prove him not there at the Times of these Attacks; and one insisted, That Lant told him, he was employed by Mr. Willis Constable < no role > to aid and assist him in keeping the Peace. Upon this Mr. Willis was call'd, who depos'd, That being at a publick House, he heard of a great Disturbance, about seven or eight a Clock; that Mr. Jones's House was assaulted, that he went, and they said, those that assaulted Mr. Jones's House were gone. That he afterwards saw Lant among the Mob; said he was sorry to see him there, advised him to go home, and gave him half a Quartern of Brandy to do so. and, that he did afterwards charge him to aid and assist him, but he could not keep him in his fight for above two or three Minutes, and afterwards he heard he was taken up. Being ask'd, for what reason he charg'd him to and and assist him? He reply'd, To keep him from running into Mischief.

The Course of the Evidence, on both sides, being finished, and the Council for the Prisoners having made their Remarks upon them, Mr. Attorney General reply'd, That as to the Evidences for the King, they were Persons of Reputation; which had no wise been impeached, or called in Question. That they were to the Number of ten or twelve; who were uniform in their Evidence. That they being generally there upon the Spot at the very beginning of the Riot, and where the Injuries were done; and many of them had suffer'd great Damage, they must of necessity be able to give a more exact Account, than those Persons, who; some came by accidentally, some stood at a Distance, and some saw through Windows, and some saw one part; and others another; and, as it appear'd, not one of them the whole; so that their Evidence must needs be imperfect, and perplex'd as to Time, scarce one of them speaking to any Thing that was done before nine a Clock, when it appear'd by several Evidences for the King, that the Disturbance was begun before eight a Clock. The Judge having summ'd up the Evidence on both sides, the Jury went out, and after a short stay, found John Lant guilty of the Misdemeanor , and acquitted Richard Ayres, David Kite, and John Ambler.

The next Morning the Council: for the Prisoners mov'd the Court in Arrest of Judgement, insisting upon two or three Points of Law, which were disallow'd by the Court; but upon their urgent requesting for a Respite, did adjourn the Court till Thursday, the 12th Instant.

[Fine. See summary.]

[Imprisonment. See summary.]

[Provide sureties for good behaviour. See summary.]