The case of the honourable Fytton Gerard Esq; returned to serve in Parliament for the borough of Clitheroe, against John Weddall Esq; appointed to be heard on the 15th day of this instant January. 1694 Approx. 9 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2009-10 (EEBO-TCP Phase 1). B01906 Wing C1088 ESTC R205801 52211950 ocm 52211950 175520 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. B01906) Transcribed from: (Early English Books Online ; image set 175520) Images scanned from microfilm: (Early English Books, 1641-1700 ; 2739:30) The case of the honourable Fytton Gerard Esq; returned to serve in Parliament for the borough of Clitheroe, against John Weddall Esq; appointed to be heard on the 15th day of this instant January. Macclesfield, Fitton Gerard, Earl of, 1664 or 5-1702. 1 sheet ([1] p.) s.n., [London : 1694] Caption title. Publication data suggested by Wing. Reproduction of the original in the Lincoln's Inn Library. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. 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Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Macclesfield, Fitton Gerard, -- Earl of, 1664 or 5-1702 -- Trials, litigation, etc. Weddell, John, 1652 or 3-1703 -- Trials, litigation, etc. England and Wales. -- Parliament. -- House of Commons -- Contested elections -- Early works to 1800. Elections -- Corrupt practices -- England -- Clitheroe -- Early works to 1800. Clitheroe (England) -- Politics and government -- 17th century -- Early works to 1800. Broadsides -- England -- 17th century. 2008-03 TCP Assigned for keying and markup 2008-09 SPi Global Keyed and coded from ProQuest page images 2008-11 Mona Logarbo Sampled and proofread 2008-11 Mona Logarbo Text and markup reviewed and edited 2009-02 pfs Batch review (QC) and XML conversion The CASE of the Honourable Fytton Gerard Esq Returned to Serve in Parliament for the Borough of Clitheroe , against John Weddall Esq appointed to be heard on the 15th Day of this Instant January . MR. Wilkinson , Uncle to Mr. Weddall , designing ( as appears by many of his , and his Agents foul Practices ) to make a Return of his Nephew to serve in Parliament for the said Borough , in the room of Anthony Parker Esq put in to be Chosen one of the Bayliffs of the Town , and Treated for that purpose , as since , and before , he has been at the whole Charge for Mr. Weddall , whom he set up to be Recorder of the Town ; and by the Voices of a few , without the Consent of the Majority of the Burgesses and Freemen , he got him declared Recorder , and sworn Clandestinely in an Alehouse . The next point which they thought essential to gain to serve their turn , was to keep Men off from being found by a Jury according to Custom to have right to be Burgesses or Freemen ; in order to which , some of the Jury were practiced upon to absent themselves , and force was used , so that there could not be a full Jury , though the Fore-Man , with others , met and stayed in the Court some Hou●s , and several Summons were sent to the rest , who were fined for their Non-appearance . Upon which the Court was Adjourned to the next Day , but Chippendale , one of the Bayliffs , pretended to have dismiss'd the Enquiry Jury , tho' without the Consent , or Privity of Mr. Stock the other Bayliff , and without causing Proclamation to be made of the Dismission , by Colour only of an Instrument signed out of Court by Mr. Chippendale , which Mr. Weddall sitting as Recorder , ordered to be read : By which Trick several who had right to Vote in the Choice of Bayliffs , and had offered their Deeds to Evidence their right , were not found by the Jury , but their Votes , though they had a right , were denied at the Election of Bayliffs : Notwithstanding which Mr. Mainwaring , a Gentleman of Four or Five Hundred Pounds a Year , within a Mile of the Place , besides Houses in the Town , and a good Estate in the County , and in Cheshire , was in his Absence , without his seeking , or privity , duly Chosen out Bayliff , whose place has always been accounted the Chief . Mr. Mainwaring soon after offered himself to be Sworn according to the Custom , but being refused , he brought two successive Mandamus's from the King 's - Bench , which were disobeyed : And Mr. Wilkinson , though never Chosen , pretending that Mr. Mainwaring was incapable , as being under Age , was Sworn by Mr. Lister , who himself had been Sworn but by one Bayliff , though the Custom requires that both the old Bayliffs , if Alive and Well , should joyn in Administring the Oath . Upon this Mr. Wilkinson took upon him to Act as Out-Bayliff , and he and Mr. Lister , that they might discourage and strike a Terrour into those who had declared for Mr. Gerard , came with Ambrose Pudsey Esq Thomas Lister Esq and others Arm'd into a Publick House , where some of Mr. Gerard's Friends were peaceably Drinking together , and fell violently upon them : Thomas Lister Esq and Ambrose Pudsey Esq set Pistols to the Breasts of several of them , and Mr. John Lister Bayliff , threw one of them to the Ground , and Trampled upon him , and for this the pretended Bayliffs Mr. Wilkinson and Mr. Lister Committed them to Prison , and ordered them to be laid in a Dungeon , without any Warrant or Mittimus . After this , several who had right , some to Burgages , others to Freedoms , proffered themselves at several Court Days to be admitted and Sworn , but were refused : Whereupon they brought several Writs of Mandamus , but to defeat them of the advantage thereof , and their Votes at the said Election , no return has been made of either of the said Mandamus's . A Writ for the Choice of a Burgess being delivered to the High Sheriff , he being informed of these Irregularities , himself carryed his Precept for an Election , and coming to the Town on the 24th of November , sent to speak with Mr. Lister , who declined speaking with him , but being acquainted by the Under Sheriff , while Mr. Wilkinson was by , that a Precept was brought for Electing a Burgess , Mr. Lister , with some Burgesses , and Mr. Wilkinson's Clerk , without his Master , came to the Sheriff , who in presence of a great many of the Burgesses , demanded who was the Out-Bayliff , and they cryed out , Mr. Mainwaring is our Out-Bayliff . Upon this the High Sheriff delivered the Precept to Mr. Mainwaring , and Mr. Lister , as Bayliffs of the Town , and told them he expected a return of it : And Mr. Mainwaring ask't Mr. Lister when they should meet with some of the Burgesses to consider of a Day for the Election ; but he , notwithstanding he had been sollicited with all Civility by Mr. Mainwaring , refused to joyn ; upon which , on the 25th of November , Mr. Mainwaring meeting with several of the Burgesses , by their Advice appointed the Election to be on the 30th , and caused it to be proclaimed in two places of the Town , upon a Market Day , and published Papers to the like effect : but Mr. Wilkinson and Mr. Lister , in Contempt of the Precept , caused Proclamation to be made by way of Countermanding the Election . When the Day of Election came , Mr. Mainwaring came to the Town-Hall , and to prevent disorders adjourned into a Penthouse in the open Street where the Precept was read : But Mr. Lister who was persent , being desired by Mr. Mainwaring to joyn with him , without proclamation pronounced , the Court Adjourned to the Town Hall , where he proceeded without a Precept , to have a Poll taken for Mr. Weddall , while Mr. Mainwaring with the Precept , proceeded on to the Election : And though Mr. Lister admitted persons unqualified , to Vote for Mr. Weddall , Mr. Gerard had the Majority : Therefore the Sheriff annexed to the Precept an Indenture Signed by Mr. Mainwaring and several of the Burgesses who Chose Mr. G●rard . This Mr. Weddall Complains of as irregular , upon pretence that Mr. Mainwaring was not a Legal Bayliff , being under Age. The Constitution of the Borough of Clitheroe , with the Right of Elections for Bayliffs , or Members of Parliament . THis Borough Consists of two Bayliffs , and Burgesses , and Freemen . The Bayliffs are chosen out of the Burgesses by the Burgesses and Freemen . The Burgesses are such as have free Burgages within the Borough , and they are of two sorts , viz. Out-Burgesses , and In-Burgesses . The Out-Burgesses are such as have a House or Land in Borough Tenure , and pay Borough Rent , but are resident , and inhabiting out of the Borough . The In-Burgesses are such as are so intitled , and are resident and inhabiting within the said Borough . The Freemen are such as are Tenants to some Burgess , that is Owner of some Messuage or Burgage , House or Lands which pays some part of the Borough Rent . There is , and has been time out of mind within the said Borough an Enquiry Jury Impannell'd in January or February every Year , whose Duty and Business it is ( amongst other things ) to find all Persons that offer themselves , and shew a sufficient right to be Burgesses or Freemen , and to present them as such to the Bayliffs , who ought thereupon to Admit and Swear them , as has been always accustomed ; and this Jury is used to be Adjourned from Court to Court as occasion requires , and is continued or dismist at discretion of the Bayliffs . In Case of the Elections for Bayliffs , or Members of Parliament , they are Chosen by Burgesses and Freemen , and if the Burgess appear and Vote , the Freeman , his Tenant , cannot Vote for the same Burgage , but if the Burgess Vote not , then , in his stead , his Tenant as Freeman may . Where a Burgess hath several Burgages , he can but Vote for one , and his Tenants as Freemen for the rest . For free Borough Land none can Vote but the Landlord himself .