Sir Robert Clayton, the mayor, appointed one who was not acceptable to the popular party: the common hall rejected him; and Bethel and Cornish, two Independents and republicans, and of consequence deeply engaged with the malecontents, were chosen by a majority of voices.

In spite of all remonstrances and opposition, the citizens persisted in their choice; and the court party was obliged for the present to acquiesce.
Juries, however, were not so partial in the city, but that reason and justice, even when the Popish plot was in question, could sometimes prevail.

The earl of Castlemaine, husband to the duchess of Cleveland, was acquitted about this time, though accused by Oates and Dangerfield of an intention to assassinate the king.

Sir Thomas Gascoigne, a very aged gentleman in the north, being accused by two servants, whom he had dismissed for dishonesty, received a like verdict.

These trials were great blows to the plot, which now began to stagger, in the judgment of most men, except those who were entirely devoted to the country party.
But in order still to keep alive the zeal against Popery, the earl of Shaftesbury appeared in Westminster Hall, attended by the earl of Huntingdon, the lords Russel, Cavendish, Grey, Brandon, Sir Henry Caverly, Sir Gilbert Gerrard, Sir William Cooper, and other persons of distinction, and presented to the grand jury of Middlesex reasons for indicting the duke of York as a Popish recusant.