LA W S CONCERNING THE ELECTION O F MEMBERS O F PARLIAMENT; WITH THE DETERMINATIONS OF THE HOUSE of COMMONS THEREON, AND ALL THEIR INCIDENT S$ CONTINUED DOWN TO THE PRESENT TIME. THE WHOLE DIGESTED UNDER PROPER TITLES; ALSO AN APPENDIX of PRECEDENTS, WITH A TABLE OF THE PRINCIPAL MATTERS. - ' ■ — ' "» By a Gentleman of the Inner-Temple. ' m LONDON: Printed for W. Owen, N». it. in Fleet-Street, near Temple-Bar^ M DCC LXVIII, PREFACE. " "D EC AUSE the true and ancient Infti^ Jj tution of Parliament* do require the lower Houfe, at this Time, if ever, to be Compounded of the graveft, ableft, and wor- thieft Members that may be found : We do hereby, (faid King 'James the Firft, in a Pro- clamation for a Parliament) out of the Care of the common Good, wherein the'mfelves are participant, without all Prejudice to the Free- dom of Elections, admonifh all cur loving Subjects, that have Votes in the Election of Knights and Burgeffes, of thefe few Points fol- lowing. '* That they cafl: their Eyes upon the wor- thieft Men of all Sorts, Knights and Gentle- men, that are Lights and Guides in their Countries, experienced Parliament Men, wife and difcreet Statefmen, that have been prac- tifed in public Affairs, whether at Home or Abroad, grave and eminent Lawyers, fubftan- a 2 tial \o°5 rv PREFACE. tial Citizens and Burgeffes, and generally fuch as are interefted and have Portion in the Eftate. " Secondly, That they make Choice of fuch as are well affected in Religion, without de- clining either on the one Hand to Blindnefe and Superftition, or on the other Hand to Scifm or turbulent Difpofition. " Thirdly, and Laftly, That they be truly fenfible, not to difvalue or difparage the Houfe with Bankrupts and neceffitous Perfons, that may defire long Parliaments only for Protec- tion j Lawyers of mean Account and Eflima- tion j young men that are not ripe for grave Confultations j mean Dependants upon great Perfons, that may be thought to have their Voices under Command, and fuch like ob- fcure and inferior Perfons : fo that, to con- clude, we may have the Comfort to fee before us the very Face of a fufficient and well com- pofed Houfe, fuch as may be worthy to be a Reprefentative of a third Eftate of our King- dom, fit to nouriih a loving and comfortable Meeting between Us and our People, and fit to be a noble Instrument, under the Bleffing of Almighty God, and our princely Care and Power, and with the loving Conjunction of our Prelates and Peers, for the fettling fo great Affairs, " as the proper Objects of Parliament. See Lord Bacon's Works, 3 Vol. Qm. 387, 388.;. CONTENTS. ( v ) CONTENTS. I. ENGLAND. Qualifications of the Electors for England, p. 3, 14. for Chejler and Durham, 2, 3. for Knights of the Shire, 5. for Citizens & Bur- gefifes, 10. Freedom of Election, 15. Riots, 17. Qualifications of the elected Knights of the Shire, 24, 25. Citizens & BurgefTes, 25. Bribery & Corruption, 38. The Manner of and Proceedings at Eleclions, 41. of Knights of the Shire, 46. of Citizens & Bur- gefles, 52. for London, 52. the Return, 56. II. SCOTLAND. The Qualifications of the Electors of the Peers, 64. of the Elected, 66. The Manner of and Pro- ceedings at the Election, 77. a 3 The VI CONTENTS. The Qualifications of the Electors of the Com- woners, 68 of the Elected, 77. the Manner of, and Proceedings at the Election, 80. III. WALES, 92. IV. The Determinations of the Houfe of Com- mons thereon, cigefted alphabetically, and in a Se- ries, accordingly the Order of Time, 95. ACTS ( vii ) A O F PARLIAMENT, CITED. $R. z.Ji. 2.C.4. TT* VERY one to whom it be- j2j longeth, fhall, upon Sum- mons, come to the Parliament. 7 H. 4. ch. 15. The Manner of the Election of Knights of Shires for a Parliament. 1 H. $.cb. 1. What Sort of People fhall be chofen, and who fhall be Choofers of the Knights and BurgefTes of the Parliament. 3 H. 6. ch. 7. What Sort of Men fhall be Choofers ; and who fhall be chofen Knights of the Parliament. 10 H. 6. ch. 2. Certain Things required in him who fhall be a Choofer of the Knights of Parliament. a 4 Who ( v »l ) 23 H. 6. ch. 14. Who fhall be Knights for the Parliament. The Manner of their Election. The Remedy where one is chofen and another returned. 34 &? 35 H. 8. An Act for making of Knights ch. 13. and BurgefTes within the County and City of Chejier. 35 H. 8. ch. 11. The Bill for Knights and Bur- geffes in Wales, concerning the Payment of their Fees and Wages. 5 Eliz. c. 0. An Act for Punifhment of fuch as mall procure or commit any wil- ful Perjury. 29 Eliz. c. 5. An Act for the Continuance an,d perfecting of divers Statutes. 21 Jac. c. 28. An Act for continuing and re-, viving of divers Statutes, and Re- peal of divers others. 25 C. 2. ch. 9. An Act to enable the County Palatine cf Durham, to fend Knights and BurgefTes to. ferve in Parlia-. menr. ^oC.i.jk.z. c.i. An Act for the more effectual pveferving the King's Perfon and Government, by difabling Papifts from fitting in either Houfe of Parliament. \}V& M. c, 1. An Act for removing and pre- venting all Questions and Dilputes v i ( ix ) concerning the AfTembling and fit- ting of this prefent Pajliament. iW.&M.ft.i. An Act for the Abrogating of cb. 8. the Oaths of Supremacy and Alle- giance, and appointing other Oaths. iW.&M.c,\%. An Act for exempting their Majefties Proteftant Subjects, dif- fenting from the Church of Enr- land, trom the Penalties of certain J-aws. i W. &? M. An Act declaring the Rights and Setf. 2. cb. 2. Liberties of the Subject, and fet- tling: the Sucefiion of the Crown. o 2 IV. £5? M. ft. 1, An Act to declare the Right and cb. 7. Freedom of Election of Members to ferve in Parliament for the Cinque- Ports. §W.& M.c.y. An Act for granting to their Majefties certain Rates and Duties upon Salt, and upon Beer, Ale, and other Liquors ; for fecuring cer- tain Recompences and Advantages in the faid Act mentioned, to fuch Pcrfons as mail voluntarily ad- vance the Sum of ten hundred thoufand Pounds towards carrying on the War againft France. §W.i2M.c.io. An Act for granting to their Majeftigfi feveral Rates and Duties upon Tonnage of Ships and Vef- fcls, and upon Beer, Ale, and other Liquors i lor fecuring cer- tain C x ) tain Recompenccs and Advantages in the faid Act mentioned, to fuch Perfons as fhall voluntarily advance the Sum of fifteen hundred thou- iand Pounds towards carrying on the War againft France. 7 W. 3. ch. 4. An Act for pe venting Charge and Expence in Elections of Mem- bers to ferve in Parliament. 7 W. 3. ch. 7. An Act to prevent falfe ancf double Returns of Members to ferve in Parliament. 7 & JV. 3. c. 25. An Act for the further regulat- ing Elections of Members to ferve in Parliament; and for the pre- venting irregular Proceedings of Sheriffs and other Officers in the electing and returning fuch Mem- bers. i 6? 8 JV. 3. e. An Act for the better Security 27. feci. 19. or " bis Majefty's Royal Perfon and Government. 10 & 1 1 JV. 3. An Act for preventing irregular ch. 7. Proceedings of Sheriffs and other Officers, in making the Returns of Members chofen to ferve in Par- liamement. 1 1 & 12 JV. 3. An Act for granting an Aid to c b t 2. bis Majefty by Sale of the forfeit- ed, and other Eftates and Interefts in Ireland - t and by a Land -Tax in England*, , ( XI ) TLngland, for the feveral Purpofes therein mentioned. j 2 £*? 13 W. 3. An Act for the further Limita- ch. 2. tion of the Crown, and better fe- euring the Rights and Liberties of the Subjects. 12 &* 13 /F. 3. An Act for granting an Aid to ch. 10. his Majefty, for defraying the Ex- pence of his Navy, Guards and Garrifons for one Year, and for other neceffary Occafions. }2 W. 3. fh. 6. An Aft for the further Security of his Majefty's Perfon, and the SuccefTion of the Crown in the Pro- teftant Line, and for extinguishing the Hopes of the pretended Prince of Wales, and all other Pretenders, and their open and fecret Abettors. 1 Ann, ft. 1. c.22. An Act to declare the Altera- tions in the Oath appointed to be taken by the Aft, intituled, " An Ad: for the further Security of his Majefty's Perfon, and the Succef- fion of the Crown in the Protectant Line, and for extinguifhing the Hopes of the pretended Prince of Wales, and all other Pretenders, and their open and fecret Abettors, and for declaring the AfTociation to be determined. 2&? 3 Annch.if. An Acl: for the public Regi- ftring of all Deeds, Conveyances and Wills that fhall be made of any r ( xii ) any Honours, Manors, Lands, Te- nements or Hereditaments within the Weft-Riding of the County of York, after the nine and twentieth Day of September, One thoufand feven hundred and four. i& $Ann,ch.$. An Act for the Union of the two Kingdoms of England and Scotland. 6 Ann, ch, 6. An Act for rendering the Union of the two Kingdoms more entire and complete. $ Ann, ch. 7. An Aft for the Security of her Majefty's Perfon and Government, and of the Succeflion to the Crown of Great Britain in the Proteftant Line. 6 Ann, ch. 23. An Act to make further Provi- fion for electing and fummoning fixteen Peers of Scotland, to fit in the Houfe of Peers in the Parlia- ment of Great Britain, and for try- ing Peers for Offences committed in Scotland, and for the further re- gulating of Elections of Members to ferve in Parliament. 6 Ann, ch. 35. An Act for the public Regi- ftring of all Deeds, Conveyances, Wills, and other Incumbrances that (hall be made of, or that may affect any Honors, Manors, Lands, Tenements, or Hereditaments within the Eaft Riding of the Coun- ty ( xiii ) ty of York* or the Town and County of the Town of Kingflon upon Hull, after the nine and twen- tieth Day of September* One thou- fand feven hundred and eight ; and for the rendering the Regifter in the Weft Riding* more com- plete. 7 Ann* cb, 20. An Act for the public Regi- ftring of Deeds, Conveyances, and "Wills, and other Incumbrances which mall be made of, or that may effect any Honors, Manors, Lands, Tenements, or Heredita- ments, within the County of Mid- dle/ex* after the twenty-ninth Day of September* One thoufand feven hundred and nine. 9 Ann, ch. 5. An Act for fecuring the Free- dom of Parliaments by the further qualifying the Members to fit in. the Houfe of Commons. io Ann* c. 19. An Act for laying feveral Du- ties upon ail Sope and Paper made in Great Britain* or imported into the fame •, and upon chequered and ftriped Linnens imported •, and upon certain Silks, Callicoes, Lin- nens and Stuffs, printed, painted, or ftained ; and upon feveral Kinds of ftamped Vellum, Parch- ment and Paper ; and upon cer- tain printed Papers, Pamphlets, and Advertifements ; for raifing the Sum of Eighteen hundred thoufand ft ( *iY ) thoufand Pounds, by way of Lot- tery towards her Majefty's Supply; and for Licenfing an additional Number of Hackney Chairs; and for charging certain Stocks of Cards and Dice; and for better fe- curing her Majefty's Duties to arife in the Office, for Stamp-Duties by Licences for Marriages, and other- wife; and for Relief of Perfons who have not claimed their Lot- tery Tickets in due Time, or have loft Exchequer Bills, or Lottery Tickets ; and for borrowing Mo- ney upon Stock (Part of the Capi- piral of the South Sea Company) for the Ufe of the Public. 10 Ann, ch. 23* An Act for the more effectual preventing fraudulent Conveyances in order to multiply Votes for electing Knights ofSJiires to ferve in Parliament. 12 Ann, ch. 5. An Act to explain a Claufe in an Ad of the laft Seffion of Parlia- ment, intitled, " An Act for the more effectual preventing fraudu- lent Conveyances, in order to mul- tiply Votes for electing Knights of Shires to ferve in Parliament, as far as the fame relates to the afcer- taining the Value of Freeholds of forty Shillings per Annum, 12 Ann, Seff, 1. An Act for the better regulating ch % 6. the Elections of Members to ferve in ( xr ) in Parliament for that Part of Great Britain called Scotland. iiAn.ft, i. CIS- An Act for making perpetual an Act made in the feventh Year of the Reign of the late King Wil- liam, intituled, " An Act to pre- vent falfe and double Returns of Members to ferve in Parliament/* i Geo. ft. 2. c.4.. An Act to explain the Act made in the twelfth Year of the Reign of King William the Third, inti- tled, " An Act for the further Li- mitation of the Crown, and better fecuring the Rights and Liberties of the Subject." 1 Geo. ft. 2. f.13. An Ad for further Security of his Majefty's Perfon and Govern- ment, and the Succefiion of the Crown in the Heirs of the late Princefs Sophia, being Proteftants; and for extinguishing the Hopes of the pretended Prince of Wales, and his open and fecret Abettors. % Geo. c. 8. An Act for redeeming feveral Funds of the Governor and Com- pany of the Bank of England, pur- suant to former Proviioes of Re- demption •, and for fecuring to them feveral new Funds and Al- lowances redeemable by Parlia- ment ; and for obliging them to advance further Sums not exceed- ing two millions five hundred thoufand Pounds, at five Pounds per ( xvi ) per Centum, as mall be 'found tie- ceflary to be employed in lefiening the national Debts and Incum- brances •, and for continuing cer- tain Provifions formerly made for the Expences of his Majefty's civil Government, and for Payment of Annuities formerly purchafed at the Rate of five Pounds per Cen- tum \ and for other Purpofes in this Act mentioned. 3 Geo. c. 9. An Act for redeeming the year- ly Fund of the South Sea Company (being after the Rate of fix Pounds per Centum, per Annum) and fet- tling on the laid Company a yearly' Fund, after the Rate of five Pounds per Centum, per Annum, redeem- able by Parliament ; and to raife for an Annuity or Annuities at five Pounds per Centum, per Annum, any Sum not exceeding two Mil- lions, to be employed in lefTening the national Debts and Incum- brances ; and for making the faid new yearly Fund and Annuities to be hereafter redeemable in the Time and Manner thereby prefcribed. 6 Geo. c. 18. An Act for better fecurlng cer- tain Powers and Privileges intend- ed to be granted by his Majefty, by two Charters for AfTurance of Ships and Merchandizes at Sea, and for lending Money upon Bottom- ry j and for restraining leveral ex- travagant ( xvii ) travagant and unwarrantable Prac- tices therein mentioned. 1 Geo. 2. ch. $6. An Act to difable any Perfon from being chofen a Member of, or from fitting and voting in the Houfe of Commons, who has any Penfion for any Number of Years from the Crown. ii Geo. i. c. 1 8. An Act for regulating Elections within the City of London •, and for prefer ving the Peace, good Order, and Government of the faid City. 2 Geo. 2.^.24. An Act for the more effectual preventing Bribery and Corruption in the Election of Members to ferve in Parliament. 2 Geo. 2. c. 25. An Aft for the more effectual preventing and further Punifhment of Forgery, Perjury, and Subordi- nation of Perjury ; and to make it Felony to (leal Bonds, Notes, or other Securities for Payment of Money. 7 Geo. 2. c. 16. An Act for the better regulat- ing the Election of Members to ferve in the Houfe of Commons, for that Part of Great Britain called Scotland',, and for incapacitating the Judges of the Court of Seffion, Court of Judiciary, and Barons of ■ the Court of Exchequer in Scotland, to be elected, or to fit or vote as b Members ( xviii ) Members of the Houfe of Com- mons. S Geo. 2. ch. 6. An Act for the public Regi- flring of all Deeds, Conveyances, and Wills, and other Incumbrances, that fhall be made of, or that may affect, any Honors, Manors, Lands, Tenements or Hereditaments, with- in the North Riding of the County of Tork, after the nine and twen- tieth Day of Sept ember ', One thou- fand feven hundred and thirty -fix. 8 Ceo. 2. ch. 30. An Act for regulating the Quar- tering of Soldiers during the Time of Elections of Members to ferve in Parliament. 9 Geo. 2. dp. 18. An Act for reviving and conti- nuing the Acts therein mentioned, and for explaining and amending a Claufe in an Act made in the firft Year of the Reign of his late Ma- jefty King George the Firft, inti- tied, " An Act for making the Laws for repairing the Highways more effectual, relating to the ap- pointing Scavengers in Cities and Market Towns, and the Ordering the Afleflments for the repairing and cleanfing the Streets therein." 9 Geo. 2. ch. 38. An Act to explain and amend fo much of an Act made in the fe- cond Year of his prefent Majefly's Reign, intitled, " An Act for the more effectual preventing Bribery and ( xix ) and Corruption in the Election of Members to ferve in Parliament," as relates to the commencing and carrying on of Profecutions ground- ed upon the faid Act. 13 Geo. 2. c. J. An Aft for naturalizing fuch Foreign Protectants, and others therein mentioned, as are fettled or fhall fettle, Jn any of his Ma- jefty's Colonies in America. 1 3 Geo. 2. c, 22. An Act for the more effectually preventing fraudulent Qualifica- tions of Perfons to vote as Free- holders in the Election of Mem- bers to ferve in Parliament for fuch Cities and Towns as are Counties of themfelves in that Part of Great Britain called England. j 5 Geo. 2. c. 20. An Act to exclude certain Offi- cers from being Members of the Houfe of Commons. 16 Geo. 2. c. 11. An Act to explain and amend the Laws touching the Election of Members to ferve for the Com- mons in Parliament, for that Pare of Great Britain' called Scotland \ and to reftrain the Partiality, and regulate the Conduct of returning Officers at fuch Elections. lS Geo. 2. c. i8« An Act to explain and amend the Laws touching the Elections of Knights of the Shire to ferve in b 2 Parliament ( xx ) Parliament for that Part of Great Britain called England. 19 Geo. 2. c. 28. An Act for the better regulat- ing of Elections of Members to ferve in Parliament for fuch Cities and Towns in that Part of Great Britain called England^ as are Counties of themfelves. 20 Geo. 2.C.44.. An Act to extend the Provi- fions of an Act made in the thir- teenth Year of his prefent Majef- ty's Reign, intitled, " An Act for naturalizing fuch Foreign Protec- tants, and others therein mention- ed, as are fettled, or fhall fettle in any of his Majefty's Colonies in America, to other Foreign Protef- tants who confcientioufly . fcruple the taking of an Oath. 22 Geo. 2. c. 44. An Act to enable fuch Officers, Mariners, and Soldiers, as have been in his Majefty's Service fince ..his Acceflion to the Throne, to exercife Trades. 31 Geo. 2. c. 14. An Act for further explaining the Laws touching the Electors of Knights of the Shire to ferve in Parliament for that Part of Great Britain called England. 33 Geo. 2. c. 20 An Act to enforce and render more effectual the Laws relating to the Qualification of Members to fit the Houfe of Commons. 1 2 Geo. ( xxi ) 2 Geo. 3. c. 25. An Act for naturalizing fuch Foreign Proteftants as have ferved, or fhall ferve for the Time therein mentioned, as Officers or Soldiers in his Majefty's Royal American Regiment, or as Engineers in Ame- rica. 3 Geo. 3. c. 15. An Act to prevent occafional Freemen from voting at Elections of Members to ferve in Parliament for Cities and Boroughs. 3 Geo. 3. c. 24. An A£t to prevent fraudulent and occafional Votes in the Elec- tions of Knights of the Shire, and of Members for Cities and Towns which are Counties of themfelves, fo far as relates to the Right of voting, by Virtue of an Annuity or Rent- Charge. ADVERTISEMENT. THE Editor thinks it incumbent on him to inform the Public that they will find " Lord Lyt- tkton's Hiftory of the Life of King Henry the Se- cond," " L. C. Baron Comyns's Digeft of the Laws of England •" " Doftor Blackjlone's Commentaries on the Laws of England;" " JVhitelockeh Notes upon the King's Writ for choofing Members of Parliament, by Doctor Morton" largely quoted in this Work. ERRATA, Page Line for read 2 in Notes Mor. Wbitel. &c. 2 Mor. Wkittl. Sec, 14 25 dele, " and of Bribery and Corruption*' 20 30 Cudody Cuftody 200 15 delt " The Oaths for this laft Head are to be found under Title Bribery ; the Reft are as follow, except for Lon- don and Scotland, which fee, 1 ' and infert " See Appendix." LAWS, &c. TH E Commons make the third fiftate of Parliament, and confift of Knights of Shires, Citizens and Burgeffes; and all ought to be elected by Writ, ex Debito Juftitia ; and they reprefent all the Commons of the Realm, 4 Inft. 1. The * Beginning of their Attendance in Parlia- ment feems to have been fince the fortieth Year of Hen. 3. and the firft Writ for their Election, 49 Hen. 3» Cot. abr. Pr. 77. fol. 97, 9S. and ( 3 ) and like Procefs to be made by the Chamberlain, &c. to the Sheriff of Cbejler ; the Election to be made under like Form as is ufed within the County Palatine of Lancajier, or any other County and City where fhall be Knights and Burgeffes of Parli- ment." See Stat. 18 Geo. 2. c. 18. feci. 12. By Stat. 10 Ann c. 23. feci. 7. " The Sheriff of the County Palatine of Chefier, againft every Elec- tion of Knights of the Shire, fhall caufe {even Tables, and no more, to be made at the Cofts of the Candidates, within the Shire Hall of the Coun- ty, for taking the Poll, viz. Two at the upper End, Two at each Side, and One at the lower End of the Hall." 2. Durham. By Stat. 25 Car. 2. c. 9. " The County Palatine of Durham may have two Knights for the County, and the City of Durham two Citizens to be Bur- gefles for the fame City, to ferve in Parliament, to be elected by Writ awarded to the Lord Bifhop of Durham, or his Chancellor of the County, and Precept thereupon by the Lord Bifhop, or his temporal Chancellor, to the Sheriff; the Elections of the Knights to be made by the greater Number of Freeholders, as in other Counties, and the Elec- tion of Burgeffes for the City of Durham, to be made by the major Part of the Mayor, Aldermen, and Freemen, which Knights and Burgeffes fhall be returned by the Sheriff, into the Chancery, upon the like Pains as the Sheriffs of any other County." See Stat. 18 Geo. 2. c. 18. feci. 12. 1. The Qualifications of the Eieclors. The Reafon of requiring any Qualification, with regard to Property, in Voters, is to exclude fuch Perfons as are in fo mean a Situation that they are B 2 efteemed ( 4 1 cffeemed to have no Will of their own. Pf triefe Perfons had Votes, they would be tempted to dil- pofe of them under fome undue Influence or other. This would give a great, an artful, or a wealthy Man, a larger Share in Elections than is confiftenz with general Liberty. If it were probable thas every Man would give his Vote freely, and with- out Influence of any Kind, then, upon the true Theory and genuine Principles of Liberty, every Member of the Community* however poor, mould have a Vote in- electing thofe Delegates, to whofe Charge is committed the" Difpofal of his Property, and his Life. But, fince that can hardly be expect- ed in Perfons of indigent Fortunes, or fuch as are under the immediate Dominion of others, all po- pular Eftates have been obliged to eftablifh certain Qualifications ; whereby fome, who are fuipedled to have rio Will of their own, are excluded from voting, in order to let other Individual's, whofe Wills may be fuppofed independent, more tho- roughly upon a Level with each other. And this Conflitution of Suffrages is framed upon a wifer Principle than either of the Methods of vot- ing, by Centuries, or by Tribes, among the Romans. In the Method by Centuries, inftituted by Serdus TuIlluSy it was principally Property, and not Num- bers that turned the Scale : In the Method by Tribes, gradually introduced by the Tribunes of the People, Numbers only were regarded, and Property entirely overlooked. Hence the Laws puffed by the former Method had ufualiy too great a tendency to aggrandize the Patricians or rich Noble's •, and thofe by the latter had too much of a levelling Principle. Our Conflitution fleers be- tween the two Extremes. Only iuch are en- tirely excluded, as can have no Will of their own : |here U hardly a irec Agent to be found,, but what is. entitled to a Vote in fome Flace or other in the ■ Kingdom. Nor is comparative Wealth",, or Pro- perty C 5 ) |>erty entirely difregarded in Elections; for though the richeft Man hath only one Vote at one Place, yet if his Property be at all diffufed, he has proba- bly a Right to vote at more Places than one, and therefore has many Reprefentatives. This is the Spirit of our Conftitution : not that I afTert it is in fact quite fo perfect as I have here endeavoured to defcribe it-, for, if any Alteration might be wifhed or fuggefted in the prefent Frame of Parliaments, it mould be in Favour of a more complete* Repre- fentation of the People. Black. Com. 164, 165, 166. As the Right and Qualifications of the Electors depend, for the mod Part, on feveral Acts of Par- liament, it will be neceflary to point out thofe Sta- tutes as the fureft Rule to direct us in our Inqui- ries herein : Thele Qualifications are to be confi- dered as they regard, 1 . Knights of the Shire in particular ; 2 . Citizens and Burgeffes in particular ; 3. As they regard both Knights of Shires ; Citizens and Burgeffes. 1. Knights of the Shire in particular. By Stat. 8 Hen. 6. c. 7. 10 Hen. 6. c. 2. " The rf Knights of the Shires fhall be chofen by People * In many Cafes, Multitudes are bound by A& of Parlia- ment, who are not Parties to the Election of Knights, Citizens, and Bnrgefies; as all they who have.no Freehold, or have Freehold in ancient Demeine; and all Women having Freehold . 5. No Peer hath a Right to vote at Elections. 4 Com. Big. 288. If a Man, who hath a Right to vote for two, gives a Tingle Vote, he cannot afterwards give a fccond Vote for another-, refolved in a Committee, but the Confideration of it poftponed by the Houfc. 4 Com. Dig. 288. 2» The Shia'ijications of the Ekttcrs in Cities and Boroughs in particular. The Elector? * of Citizens and Burgeffes, are fuppofed to be the mercantile Part, or trading In- terefl of this Kingdom. But as Trade is of a fluc- tuating Nature, and feldom long fixed in a Place, it was formerly left to the Crown to fummon > * Black. Com. 168. By Stat. 23. Hen. 6. t. 1 4. fee?. I. Citi. zens are to be chofen by Citizens of the fame Cities, and Bur- gefl'es by BurgefTes of the fame Boroughs. But this muft be %nderjlocd tKltb a great Latitude of Conflrutlion 3 for in fome Plates, Freedom, in fame Freeholds, in fome, Inhabitan- cy, &e. (and tlefe greaily dt to which we ourfelves confent ; and as fuch Con- ient cannot be given by every Individual in Perfon, but muft be by Reprefentation, it is therefore * ef- iential to the very Being of Parliament, that Elec- tions fhould be abfolutely + free and indifferenr, and that every Perfon claiming a Right to vote, be duly qualified, free from Corruption, or any undue Influence whatfoever. Nothing || more re- quires Freedom and Indifference, than this of Members to ferve for us in Parliament; who have put into their Hands the Power of our Eftates, of our Liberties, of our Lives ; and therefore it is but Reafon, that thofe who are fo much concerned in the Determination of the Perfons who fhall be elected, may have a free and indifferent Choice of them. For thefe Reafons, all undue Influences upon the Electors are illegal, and ftrongly prohibited. Mr. § Locke ranks it among thofe Breaches of Truft in the executive Magiftrate, which, accord- ing to his Notions, amount to a Diffolution of Go- vernment, " if he employs the Force, Treafure, and Offices of the Society to corrupt the Repre- fentatives, or openly to pre-ingage the Electors, or prefcribe what Manner of Perfons fhall be chofen. For thus to regulate Candidates and Electors, and new model the Ways of Election, what is it, fays he, but to cut up the Crovernment by the Roots, and poifon the very Fountain of public Se- 45. 2 R. Raym. 93-8. 2 Burn. Bift. O. T. 367. (See Ld. Ch. J. Holt's Arg. on this Subject, in his Life, 74, &c.) and ac- cordingly adjudged in the Houfe of Lords. * Black. Cent. 172. t By the Common Law, all Elections ought to be free; and by feveral Statutes it is declared, that Elections of Members of Parliament ought to be free, particularly by 1 W. & M. Se/T. 2 c 2. Bac. Abr. 573. & 2 W. & M. c. 7. 4 Com. Dig. 290. U Mor Whitel. on Gcvern. chap. 42. fol. 383. J On Govern, fart. 2. f(3. 22Z. , curity? ( W ) turity?'' Black. Com. 172. For thefe FurpofeS therefore, By Stat. 8 Geo. 2. c. 30. feci. 1. "As often as any Election of any Member to ferve in Parliament, fhall be appointed to be made, the Secretary at War, or fuch Perfon, who fhall officiate in the Place of Secretary at War, fhall, before the Day appointed for fuch Election, fend Orders in Writ- ing for the Removal of every Regiment, Troop or Company, or other Number of Soldiers quartered in any City, Borough, Town, or Place, where fuch Election fhall be to be made, one Day at leaft before the Day appointed for fuch Election, to the Diftance of two Miles from fuch City, &c. and not to make any approach until one Day after the Poll fhall be ended." By Seel. 2. " In cafe the Secretary at War, or fuch Perfon who fhall officiate in the Place of Se- cretary at War, fhall neglect to fend fuch Orders, and fhall be thereof convicted upon any Indictment to be preferred at the next Affizes or SefHons of Oyer and 'Terminer, for the County where fuch Of- fence fhall be committed, or on an Information to be exhibited in the Court of King's Bench, within fix Months after fuch Offence, fuch Secretary at War, &c. fhall be difcharged from their Offices, and fhall be difabled to hold any Office or Employment in his Majefty's Service." By Seft. 3. " Nothing in this Act fhall extend to the City of IVeftminfter, or the Borough of South- Zu-arkj in refpect of the Guards of his Majefly ; nor to any Place where his Majefly, or any of his Royal Family, fhall refide, at the Time of fuch Election, in refpect of fuch Troops only as fhall be attendant as Guards to his Majefty, or to fuch other of the Royal Family as aforefaid •, nor to any Caftle or for- tified Place, where any Garrifon is ufually kept, in refpect of fuch Garrifon." By it >7 \ By Setl; 4. " Nothing in this Act fhall extend t& any Officer or Soldier, who fhall have a Right tc* Vote at fuch Election." By Sett. 5. " The Secretary at War, &c. fhall hot be liable to any Forfeiture for not fending fuch Order upon any Election on a Vacancy, unlets Notice of the making out any new Writ (hall be given to him by the Clerk of the Crown •, which. Notice he is required to give with all convenient Speed." Riots have been frequently determined to make an Election void. Black. Com. 172. .By Vote alfo -of the Houfe of Commons, to whom alorte be- longs the Power of determining contefted Elec- tions, no Lord of Parliament or Lord Lieutenant t>f a County, hath any Right to interfere in the Election of the Commoners. Thefe Refolutions were made Nerit. Con. 14 Dec. 1699. 13 Feb. lyoo. 24 Off. 1702. 4 Com. Dig. 288. By Stat. 2 Wil. & Mar. Stat. 1. c. 7. fetl. t. " Whereas the Lord Wardens of the cinque Ports* have claimed, as of Right, a Power of nominating to each of the cinque Ports, the two ancient Towns and their Members* one Perfon whom they ought to elect as a Baron or Member of Parliament, con- trary to the ancient Ufage and Freedom of Elec- tions." By Seel. 2. "It is declared that all fuch Norm* nations are contrary to Law and void." By Star. 5 cif 6 fPil & Mar. c. 20. feci. 48*' * l No Collector, Supervifor, Gauger or other Per- fon employed in the collecting or managing thd Duties Of hxcife, fhall by Word, MefTage, or Writ* ing, or in an^ other Manner, endeavour to per- fuade any Elector to give, or diffuade any Elector' from giving his Vote for the Choice of any Knight, Citizen, Burgefs, or Baron, to ferve in Parlia- ment, and every Perfon offending herein fhall forfeit One Hundred Pounds, one Moiety to the C Informer, ( I» ) Informer, and* the other Moiety to the Poor of tfrd Parifh, to be recovered by any Perfbn who fhall fue for the fame in any of his Majefty's Courts at Wejlminfier •, and every Perfon convicted on any fuch Suit mall become difabled of bearing any Office relating to the Duty of Excife, or any other Place of Truft under their Majefties." By Stat. 12 &? 13 V/. 3. . 13. f -f- For to have a Power of making Laws,it is necefTary that he fhould be totally received into Society, which he cannot be without the Confent of Parliament. Bac. Abr. 576. \% By Stat. 1 Geo. fl. 2. c. \.f e a. !. " The Claufe in the Af^of 12 # r « 3- c. 2. whereby it is enacted, tjhat no Perfon boiQ ( 2 7 ) Sheriffs J of Counties, and Mayors, and Bailing bom out of the Kingdom, though he be naturalized, except fuch as are born of EngliJJ} Parents, (hall be capable to be a Member of either Houfe of Parliament ; fhall not extend to difable any Perfon who at, or before his late Majelty King George the Second's Acceffion to the Crown, was naturalized; but by Seel. 2. of the fame At\, no Perfon fhall be naturalized, unlefs in the Bill exhibited for that Purpofe, there he a Claufe to declare, that fuch Perfon fhall not be enabled to be a Mem- ber of either Houfe of Parliament. See Stat, i 3 Geo. 2. c. 7. fee?. 6. 20 Geo. 2. c. 44. Je8. 5. 22 Geo. 2. c. 45. fed. 10. 2 Geo. 3. c. z^.fecl. 3. % In the Parliament 2 Char, 1 . the Cafe of Sir Edward Coke, was much debated in the Houfe ; who being Sheriff for Bucks, was chofen one of the Knights for Norfolk ; and whe- ther, by this Claufe of No/umus in the Writ, he were uncapa- ble of fitting as a Member of the Houfe of Commons, was the Queftion ; and much debated, both at the Committee, and in the Houfe, with Difference of Opinion } yet Sir Ed-zvard Coke, de Failo, did fit in that Parliament. Upon Search of the Records it appeared, that there was not any Mention of this Claufe of Nolumus, in the Writ, until 13 Edw. 3. when a great Aid was required, by Reafon of War with France. The Commons prayed, that Writs be fent, that the *f Worthiest of Knights be chofen ; and that Sheriffs be left out." 2 Mor. Whitel. on Govern, chap, qq.fol. 357. The Commons upon the aforefaid Aid being demanded, were careful that the bed Men (hould be chofen Knights of Shires, who might not be too forward to grant greater Aids than were neceffary ; and therefore, peti- tioned that Sheriffs might not be chofen : Befides this, there feems to have been a Difguft both of the Commons and of the great Men, againft Sheriffs, who, as Miniflers, execute the Proccfs of Law upon them, who before 46 Edw. 3. had been iifually admitted to be Members of the Parliament. 2 Mor. Whitel. chap. 100. fol. 360. Two Things are objected, prin- cipally, againft the Ele&ion of a Sheriff to be a Knight of the Shire; 1 . The Ordinance 46 Edw. 3. 2. The Nolumus in the Writ. For the Ordinance, it was objected to be a binding Law ; as the Courfe was, in thofe Times ; and, agreeable to the Law of Englind, by which the Sheriff is a Confervator of the Peace ; and by whom many things are to be done, whicli cannot be done by Deputy. And the OfKce of a Sheriff, and pf a Knight of the Shire, together are incompatible. For a Sheriff ought to refide in his County, whereof he hath the cuf- tody, and ought to be conitantly prefent to conferve the Peace of it, and to refill and fupprefs any Invafion, or lafurredtion ; C 28 ) of Boroughs, are not elegible in their refpe&ivci and a Parliament-Man ought to attend in Parliament. But a Sheriff, being a Knight of the Shire, cannot be prefent in both Places ; nor execute both Duties. A Sheriff is aifo a Judge, his Power il judicial ; ard in fuch Matters he cannot execute jhis Office bv Deputy, nor fupply both thefe Employments. Therefore th.: Ordinance, forbidding his Election, is .^cording to Law. That Sir Edivard Coke himfelf made Ordinances equal with Afts of Parliament ; and that it is a Qoeftion, whe- ther all Afts were not fo, at that Time? To this it was an- f'.vered, that clearly there was a Difference between an Ordi- nance, and an Aft of Parliament ; and this Difference appears, in t^at an Ordinance was enacted, from thenceforth, to be an Aft of Parliament, If this Ordinance had the Force of a Law, it was to no Purpofe to have any of the Commons in Parliament ; for this Ordinance being made without them, as appeais by the Roll, if it were neverthelefs a binding Law, there would be r.o Ufe of the Commons in Parliament. About the Time of this Ordiance, which, if it had been a binding Law, how came it then to pafs that Lawyers, a3 well as Sheriffs, have not been ever fince excluded the Parliament ; and comprehended, as well as Sheriffs, in the Nolumus /".which they have not been, nor the Sheriffs themfelves, in fome rimes. But this point was left as a clear Truth : That neither this nor any other Ordinance, is the fame Thing with an Aft of Parlia- ment, or bath the fame Force of Law in it. As to the Sheriff's refiding in his County, the King doth ufually difpenfe there- with : And theEleftion of him, to be a Knight of the Shire, takes him off from that Refidence; and, by the old Law, ties him to an Attendance upon the Parliament. Nor is his judi- cial Office of a Sheriff, any more Hinderance to his Service in Parliament, than the Office of a juflice of Peace is, or of the Judges at Wejlminfier. 2. The fecond Objeftion upon the Nolumus was inforced, as being a Claufe and Words of Sub- flance, not of Form ; and cenrtantly ufed, and obferved fince 46 Ediv. 3. that Things long fettled are not to be ftirred. That there are divers Precedents where Sheriffs, being elefted Par- liament-Men, have been refufed to be admitted, and new elec- tions ordered ; as Sir Andrew Noel's Cafe, and Sir George Sel- iye% Cafe ; the Cafe of Mayors of Towns, and others. To this was anfweivd, th3t Sir Andrew Noel was chofen for the fame County, whereof he was Sheriff; and Sir George Selby was Sheriff of Inheritance in another County. That as fome Sheriffs ha"e been excluded, fo others have been admitted; and this Ordinance being no Aft of Parliament, the Nolumus* m purfuance of it doth no: bind as a Law, and the longer it hath ( 29 1 JurifdicYiOns, as being Returning Officers. Hale of Pari. 114. 4 Inft. 48. contra as to Mayors. A Mayor's making himfelf a Burgefs of Parlia- ment, and fitting as fuch is contrary to an exprefa Order made the laft Parliament, on a long and full Debate, that no Mayor of any Town mould ferve as a Member of any Town, becaufe, by his Ab- fence, the Government of the Town could not be 16 well provided and kept ; and alfo for that ic lieth often in the Power of a Mayor, by a Faction, (whilft he is in fuch Authority) to make himfelf a Burgefs of Parliament without the free Election of the Commons, which is contrary to the Liberty of every Freeman of any Corporation. Debates of the Commons , Oxf. edit. 17 66. p. 213. A Man of the Law following Bufinefs in the King's Court, fhall * not be elected for Counties. The King's Attorney-general mall never ferve, although he be returned Knight of any Shire, or Burgefs of any Town. Debates of the Commons, Oxf. edit. 1 7 66. p. 26. All under the Degree of a Peer may be elected. 4 Inft. 47. As the Heir Apparent of a Peer. 4 Inft. 48. Bro. Abr. Tit. Pari, contra. Sir Edward Coke faid, that thole who were em- ployed abroad, as AmbafTadors, &c. were without Queftion eligible, though abfent when they were chofen; for Abfent i a ejus, qui Reipublica Caufd abeft, hath continued, the more injury hath been done to the Right* of the People, and to the Privilege of Parliament ; which can- nut be bound, but by a Law to which themfelves content ; and that was not had, either to this Ordinance, or to the Nolumus. 2 Mar. tVbitel. on Govern, cbap. 100. fol. 367. See Debates of tbe Commoni, Oxf. edit. 1766. /. 213. A SherifFof one County, amy bz elected in another. 4 Com. D g. 287. 4 lift. 48. ** Cot. abr. Pteef. 7. But Lord Coke fays, that every one pr»- feffing or praciifing the Common Law, though there was. an Ordinance of the Peers ia Parliament 46 Edw. 3. contra, may b* ckaed. 4 Inft. 48. non ( 30 j ionaheft. Delates of t be Commons, Oxf. edit, 1766; p. SO. The King by his Charter cannot exempt a Mart from being elected, for fuch Charter of Exemption is void; 4 Infi. 49. By Stat. 23 Hen. 6. c. 14. feff. 3. " If any Knighr, Citizen, or Burgefs, returned by the She- riff, fhall after fuch Return be put out, and an- other put in his Place, fuch Perfon fo put in the Place, if he take upon him to be Knight, Citizen,; or Burgefs at any Parliament, mail forfeit to the King one hundred Pounds and one hundred Pounds to the Knight, Citizen, or Burgefs re- turned by the Sheriff, and put out •, and the Knight, Citizen, or Burgefs, fo put cut fhall have an * Action of Debt for the fame one hundred Pounds againft fuch Perfon put in his Place, his Executors or Adminiftrators." By Stat. 5 IV. J& M. c. j.fecf. 57. " No Mem- ber of the Houfe of Commons mall be concerned* or any other in Truft for him, ih the collecting or making any of the Duties granted by this Act, viz. Duties on Salt and an additional Excife, or that fhall be granted by any other Act of Parliament 5 except the Commiffioners of the Treafury, and the Officers and Commifiloners for managing the Cuftoms and Excife, pot exceeding the prefent Number.'* By Stat. 1 1 &? 12 W. 3. c. i.fett. 150. 12 C5* 13 tV. 3. c. \o.fitt, 89, " No Member of the Houfe of Commons fhall be capable of being a Commif- * Mud begin his Suit within three Months after the Parlia- ment commenced ; and if he do not, than he that will fue,(hali fhall have an Action of the Debt of the fame one hundred Pounds j againlt him, whj;h is put in Place of him that is put out after Return, his Executors, or Adminiftrators ; and I'uch Procefs Ihall be in the Actions aforefaid, as in a Writ of Trefpafs againft the Peace at Common Law. Se8. 3. fioncr I » 1 fioner or Farmer of the Duty of Exclfe upon Beeri &c. or a Commiflioner for Appeals concerning the faid Duty, or controlling or auditing the Account of the faid Duty, or of holding in his Name, or im Truft for his Ufe, any Office or Employment touching the fanning, collecting or managing, the faid Duty." By Sett. 151. and 12 &? \^W. 3. c. 10. feci. 90. " If any Member of the Houfe of Commons mail enjoy, or execute any Office or Employment touch- ing the farming, managing or collecting, the faid Duty, or determining Appeals, or controlling or auditing the Accounts of the fame, fuch Perfon is declared incapable of fitting, voting or acting, as a Member of the Houfe of Commons in fuch Par- liament." By Stat. 13 W. 3. c. 6. feci. 10. and 1 Geo. StaK 1. c. 13. feci. 16. " No Peer of this Realm (hall vote or make his Proxy in the Houfe of Peers, or fit there during any Debate, nor any Member of the Houfe of Commons mall vote in that Houfe, or fit there during any Debate, after their Speaker is chofen, until fuch Peer or Member mall take and fubfcribe the Oath * of Abjuration." By Stat. 13 W. 3. c. 6. feci. 11. and 1 Geo. Stat. i.e. 13. feet. 17. *• If any Peer or Member of the Houfe of Commons fhall vote, or make his Proxy, not having taking the Oath and fubferibed the lame, fuch Peer or Member fhall be adjudged a Popijh f Recufant Convict ', and (hall be difabled to • By Stat. 13 W. 3. t. b.fea. 10. " The Oath fhall be made and fubferibed between nine in the Morning and four in the Afternoon, by every Peer at the Table in the Middle of the Houfe, before he takes his Place, and whilft a full Houfe is there, wich their Speaker in his Place ; and by every Member of the Houfe of Commons, at the Table in the Middle of the Houfe, and whilfta full Houfe is there fitting, with their Speaker in the Chair. For the Form, fee Appendix, N°. VII. -f* To be a Rtcu/ant, doth not neceffarily imply the being a ?«pifti but a Rtcufani is any Perfon who refufes to go to Church, and ( 3* i hold any Place of Profit or Truft, civil of military or to fit or vote in either Houfe of Parliament, or make a Proxy in the Houfe of Peers, or to fue any Action at Law, or to profecute any Suit in Equity, or to be Guardian of any Child* or Executor or" Adminiftrator of any Perfon, or capable of any Legacy or Deed or Gift, and fhall forfeit five hundred Pounds, to be recovered by him who /hall fue for the fame, in any Court of Record at JVejlminjler" By Stat. 2^3 An. c. 4. fefl> 22* 6 Am c. 35* fs£i. 32. 7 An. c. 20. fett. 21. 8 Geo. 2. c. 6. feft* 37. " No Regifter or his Deputy, fhall be capa- ble of being cholen a Member of Parliament." By Stat. 6 Am c. j.feft. 25. '* No Perfon who fhall have in his own Name, or in Truft for him* any new Office or Place of Profit under the Crown, which fince the twenty-fifth of OElober One thou- sand Seven hundred and Five, have been created, or hereafter fhall have been created, nor any Per^ fon who mall be a Commiflioner or Sub-commif- ficner of Prizes, Secretary or Receiver of Prizes, nor any Controller of the Accompts of the Army, nor any Commiflioner of the Tranfports, nor any Commiflioner of the Sick and Wounded, nor any Agent for any Regiment, nor any Commifli- oner for Wine Licences, nor any Governor or Deputy Governor of the Plantations, nor any Commiflioner of the Navy employed in the Out- Ports, nor any Perfon having any Penfion from the Crown during Pleafure, fhall be capable of being elected, or of fitting or voting as a Member of the Houfe of Commons." .and worfhip God, after the Manner of the Church of England, a Popiji Recufant, is a Papi/i who io ref jfith ; and a Popiffy Re- cufant Conmia, is a Pnpijb legally convicted thereof. Many Authors who have wrote on this Subject, not attending to this Diftinclion, have fallen intoConfcficn. B* ( S3 ) By Seel. 26. " If any Perfon being chofen a Member of the Houfe of Commons, lhall accept of any Office of Profit from the Crown, his Elec- tion mail be void, and a new Writ lhall ifllie for a new Election j provided that fuch Perfon fhall be capable of being again elected." By Sett. 28. " Nothing herein mall extend to to any Member of the Houfe of Commons, being an Officer in the Navy, or Army, who fhall receive any new Commifiion in the Army or Navy." By Sect. 29. " If any Perfon hereby difabled to fit or vote in Parliament fhall be returned for any County, 13c. fuch Election and return are declared to be void ; and if any Perfon difabled by this Act fhall fit or vote as a Member, fuch Perfon fhall forfeit five hundred Pounds to be recovered by fuch as fhall fue for the fame in England" All the foregoing Clatifes in this Act were enacted before the Union by 4 ci? 5 Ann c. 8. By Stat. 9 Ann c. 5. feci. 1. " No Perfon fhall be capable to fit or vote as a Member of the Houfe of Commons for any County, City, Borough or cinque Port, within England, Wales and Berwick, who fhall not have an Eflate, Freehold or Copy- hold, for his own Life, or fome greater Eflate in Law or Equity for his own Benefit, in Lands or Hereditaments, over and above what will clear all Incumbrances that may affect the fame, within England, Wales, and Berwick, of the refpective an- nual Value hereafter limited, viz the annual Value of fix hundred Pounds for every Knight of a Shire, and of three hundred Pounds for every Citizen, Burgefs, or Baron, of the cinque Ports \ and if any Perfon who fhall be elected or returned, as a Knight, Citizen, Burgcis, &c. fhall not at the Time of fuch Election and Return be feized of, or intitled to, fuch Eflare, fuch Election and Return lhall be void." D By C 34 ) By $t&. 2. u Nothing in this A61 rtiall make the eldcft Son, or Heir Apparent of any Peer, or of any Perfon qualified to ferve as Knight of a Shire,; uncapable of being elected." By Seel. 3. " Nothing in this Act fhall extend 1 to either of the Univerfities." By Seft: 4. " No Perfon fhallbe qualified within the Meaning of this Act, by Virtue of any Mort- gage, whereof the Equity of Redemption is in any other, unlefs the Mortgagee mall have been in Pof- feflion feven Years before his Election. " By Seel. 5. " Every Perfon,. except as aforefaid,, ■who fhall appear as a Candidate, or be propofed to- be elected,, fhall, upon reafonable Requeft (at the Time of fuch Election, or before the Day prefixed in the Writ of Summons) by any other Candidate* or by any two Perfons having Right to vote at fuch Election, take the Oath in Appendix, N°. XVIL By- Seel. 6. " In cafe fuch Candidate is to ferve for any City, Borough or cinque Fori, then the Oath {hall relate only to the Value of three hun- dred Pounds per Annum" By Seel. 7. " The Oath aforefaid may be admi- niftered by the Sheriff or Under-- fheriff for any County, or by the Mayor, Bailiff, or other Officer, for any City, Borough or Port, to whom it fhall: appertain to take the Poll, or make the Return, or by any- two Juftices of Peace within England^ Walesa and Berwick ; and the faid Sheriff, £sfa.. who fhall adminifter the Oath, are required to cer- tify the taking thereof into Chancery or the £>ueen's- Bench, within three Months, under Penalty of one hundred Pounds, one Moiety to the Queen, and the o:her Moiety to fuch as will fue for the fame, to be recovered with Cofls in any of her Majefty's Courts at Wefimwfter ; and if any of the Candi- dates- fhall wilfully refufe to take the Oath, the * Election. C 35 ) Election and Return of fuch Perfon fhall be Void." By Seel. 8. " No Fee fhall be taken for admi- niftring fuch Oath, or making or filing the Certifi- cate, except one Shilling for adminiftring the Oath, and two Shillings for making the Certificate, and two Shillings for filing the fame, under Penalty of twenty Pounds, to be recovered as aforefaid." By Stat, i Geo. flat. 2. c. 56. feel. 1. "No Per- fon having any Penfion from the Crown of any Term of Years, either in his own Name, or in Trull for him, fhall be capable of being elected a Member of the Houfe of Commons." By Seel. 2. " If any Perfon who fhall have fuch Penfion, fhall prefume to fit or vote, he fhall for- feit twenty Pounds for every Day in which he fhall fit or vote there, to him who fhall fue for the fame In any of the Courts at JVeJiminJier, with Cofts." By 3 Geo. c. 8. feel. 43. " No Member of the Bank, for any Thing in this Act contained, fhall be difabled from being a Parliament Man." By 3 Geo. c. 9. fell. y-. " No Governor, Sub- governor, Deputy-Governor, or Member of the South Sea Company^ by Reafon of his being a Mem- ber of the faid Company, or of any Matter or Thing in this Act contained, be now or at any Time hereafter difabled from being or continuing* or from being elected, or ferving as a Member of Parliament. But fee 7 Geo. flat. 1. c. 28. fetl. 1. for difabling Sub-Governors, &c. of the faid Com- pany from fitting or voting in Parliament for the future." By Stat. 6 Geo. c. 18. fell. 10. " No Perfon who .fhall be Governor, Director, or other Officer be- longing to the Corporations for Infuring of Ships, Use. fhall for that Caufe only be difabled from be- ing a Member of Parliament." D 2 By ( 3* J By Stat. 15 &#. 9. " Every Sheriff or other Officer, to whom the Execution of any Writ or Precept for electing any Member fhall belong, fhall, at the Time of fuch Election, immediately after the Writ or Precept, caufe to be read before the Electors this Act, and the fame fhall alio be read once every Year, at the Quarter Seffions next after Eafter, for any County or City •, and at the Election of the Chief Magiftrate in any Borough, Town Corpo- rate, or cinque Ports" „ . * In like Manner the Julian Law it Ambitu, infli&s Fines and Infamy upon 211 who were guilty of Corruption at Elec- tions ; but if the Perfon guilty convitted another Offender, be was rciiored to his Credit again. Black. Cm. 173. ( 45 ) By Sett. 10. "Every Sheriff, Under-fherrfT, am$ other Officer to whom the Execution of any Writ or Precept for the electing of Members doth be- long, fhall, for every wilful Offence contrary to this Act forfeit fifty Pounds, to be recovered with. Cofts." By Seft. ii. "No Perfon fhall be liable to any Iocapacity or Penalty by this Act, unlefs Profecu- tion is commenced within Two * Years, after fucb Incapacity, &c. fhall be incurred and carried on without delay." By Stat. \$Geo. 2. c. 28. Jbft. 1. " Every Per- fon demanding to vote for the Election of any Member to ferve in Parliament, for any City or Town, being a County of itfelf in England^ in re- fpect of any Freehold Eftate of Forty Shillings a Year, mall* before he is admitted to Poll (if re- quired by any of the Candidates, or other Perfon having a Right to vote) take the Oath (or being a Quaker, the Affirmation) No. XIII. of the Appen- dix ; which Oath the Sheriff or Under- fheriff, or fuch fworn Clerk as fhall be by him appointed for taking the Poll, is to adminifter : and in cafe any Perfon taking the faid Oath or Affirmation, fhall thereby commit wilful Perjury, and be convicted %. and if any Perfon corruptly procure or fuborn any Perfon to take the faid Oath in-order to be polled,, whereby he fhall commit wilful Ferjury, and fhall be convicted j they for every fuch Offence fhall incur fiich Penalties as are inflicted by 5 Eliz. c. 9. and 2 Geo. 2. c. 25." By Seft. 13. M Nothing herein contained fhall extend to any City or Town, being a County of ^^* No Perfon (hall be liable to any Penalty by this Aft, unlef* fuch Pertbn (hall be legally arretted, or ferved with Ptocefs, within two Years after any Offence againlt the faid Ait com- mute i ; fo as the Service of fuch Procefs be not prevented by> fuch Ptiion abfeondirg. Slat. 9 Gm adjourned to another Day ; and new Summons awarded, for thole who were then abfent. Sometimes the Houfe hath been called, and the Names of thofe abfent examined before the King; that fuch as made Default might abide the King's Order, fometimes, be- caufe certain Sheriffs had not returned their Writs ; the Parlia- ment was adjourned. Sometimes, Fines have been impoled.. for not being prefent " at the Day and Place" appointed ; whereof there are precedents ; and, of the Adjournment of the Parliament, for abfence of the Members. In the - beginning of the Parliament Rolls, of very many of them conftantly unto this Day, at the firft Meeting of the Parliament, the Members are called by Name ; and the Appearance of every one of them is recorded. The King ufually creates fome great Perfon Lord ' Hifh Steward for that Day, and for that Purpofe ; and he makes his [1] Deputies, who fit to receive the Appearance of the Members of the Houfe of Commons, and at this Day, the Appearance is not fmall as it hath been in Times of Trouble. 2 Mo. Wbilel. on Govern, chap. 106. fol. 395. [1] For the Form of the Deputation, fee Appendix, No* XXXI. of ( 6o ) of every Return by the Mayors and Bailiffs to him made. And every Sheriff that doth contrary to thefe Statutes for the Election of Knights, Citizens, and Burgeffes, fhall incur the Pain contained in the Statute b Hen. 6. c. 7. and moreover fhall forfeit to every Perfon chofen Knight, Citizen, or Burgefs, in his County, and not duly returned, or to any other which in default of fuch Knight, Citizen and Burgefs, will fue, one hundred Pounds with Cofts i and any Mayor and Bailiffs, &c. who fhall return other than thofe which be chofen by the Citizens and Burgeffes, fhall forfeit to the King forty Pounds ; and moreover fhall forfeit to every Perfon chofen Citizen or Burgefs, and not return- ed, or to any other which in default of fuch Citi- zen or Burgefs will fue, forty Pounds, with, Cofts." By Seft. 2. «' Every Sheriff who maketh not true Return of fuch Elections, fhall forfeit to the King one hundred Pounds, and alfo fhall incur the Pain of one hundred Pounds, to him who will * fue againft him, his Executors or Adminiftrators, with Cofts." By Stat. 7 & 8 \W. 3. c. 7. fe£l 1. " All falfe Returns wilfully made, of any Member to ferve in Parliament, are againft Law, and in cafe any Per- fon fhall return any J Member to ferve in Parlia- ment fcr any Place contrary to the laft § Deter- • Every Knight, Citizen, and Burgefs, chofen and not re- turned, (hall begin his Action of Debt wirhin three Months after the Parliament commenced, to proceed in the fame effec- tually, and if he do not, another who will fue fhall have the Action. Seel. 3. If a Sheriff makes a falfe Return, Debt lies for the one hundred Pounds upon this Statute. Pi. Com. 1 18. 150. * t Perpetuated by i 2 An. fejf. \. c. 15. \ But the Members returned by him are the fitting Mem- bers, until the Houfe of Commons, upon a Petition, fhall ad- judge the Return to falfe and illegal. Black. Com. 174. $ By Stat. 2 Geo. 2. c. 24. feci. 4. « Votes fhall be deemed legal, jvhich have beep to declared by the laft Determination of ( Si ) mination in the Houfe of Commons, of the Right of Election in fuch Place, fuch Return fhall be of a falfe Return." By Sett. 2. " Every Perfon who (hall be duly elected to ferve for any Place, on fuch falfe Re- turn may fue the Officers and Perfons making or procuring the fame, or any of them, and fhall re- cover double Damages with Cofts." By Sett. 3. "If any Officer fhall wilfully, falfely, and malicioufly, return more Perfons than are re- quired to be chofen by the Writ or Precept, the like Remedy may be had againft him, and the Par- ties that willingly procure the fame by the Party grieved." By Sett. 4. " All Contracts and Securities given to procure any Return of any Member, fhall be adjudged void ; and whoever makes fuch Contract or Security, or any Gift or Record, to procure fuch falfe or double Return, fhall forfeit three hundred Pounds, one third Part to his Majefty, another third Part to the Poor of the County or Place concerned, and one third Part to the In- former, with Cofts, to be recovered in any of his Majefty's Courts at JVeJimikJler." By Sett. 5. " The Clerk of the Crown fhall en- ter in a Book every fingle and double Return which fhall come to his Hands, and every Alteration as fhall be made by him or his Deputy in every fuch Return ; to which Book all Perfons fhall have free AccefTes to fearch and take Copies, paying ajea- fonable Feej and the Parties profecuting fuch Suit may give in Evidence fuch Book, or a Copy thereof relating to fuch falfe or double Return, and fhall have the like Advantage of fuch Proof as they might have had by producing the Record itfelf : of the Houfe of Commons, which Determination concerning any County, City, Borough, Cinque Port or Place, fhall be final to all Purpofes. And ( f* ) And in cafe the Clerk of the Crown fhall not, within fix Days after the Return fhall come to hia Hands, make fuch Entry, or fhall make any Alte- ration in any Return, unlefs by Order of the Houfe of Commons, or give any Certificate of any Perfon not returned, or fhall wilfully neglect to perform his Duty in the Premiffes, he fhall forfeit to the Party grieved five hundred Pounds, and lofe his Office, and be for ever incapable of holding the fame." By Sett. 6. " Every Information or Action grounded upon this Statute, fhall be brought within two Years after the Caufe of Action fhall arife." The Houfe expects the Sheriff to make a Return according to Law, and will not give him Direc- tions in cafe of Difficulty ; though the Mayor to whom the Precept was directed dies, and yet the Burgeffes go to Election, and Part return one by one Indenture, and the other Part return another by another Indenture. 4 Com. Dig. 29. An Action upon the Cafe lies upon this Statute for a falfe Return, Lutw. 185. If the Plaintiff makes his Cafe purfuant to the Statute. Salk. 504. pi. But an Action upon the Cafe does not liefince this Statute, where the Return was conformable to the laft Determination of the Houfe of Commons. Lutw. 189. By Stat. 7 & 8 W. 3. c. 25. fi&. 2. " Neither the Sheriff or his Under-fheriff, nor the Mayor, Bailiff, Conflable, Port-reeve, or other Officer, of any Borough, &c. to whom the Execution of any "Writ or Precept for electing doth belong, fhall pay or take any Fee for the making out, Receipt, Delivery, Return, or Execution, of any fuch Wric ' or Precept." By Sett. 6. « Every Sheriff, Under-fheriff, Mayor, Bailiff and other Officer, to whom the Execution of any Writ or Precept fhall belong 4 for ( «3 ) for electing Members, fhall forthwith deliver to iuch as fhall defire the lame, a Copy of the Poll* paying a reafonable Charge for Writing the fame - y and every Sheriff, csV. and other Officer to whom the Execution of any Writ or Precept for electing of Members doth belong, for every wilful Offence contrary to this Act mall forfeit to every Party grieved five hundred Pounds, to be recovered by him or his Adminiftrators with Cofts." By Stat. 10 & n W. 3. c. 7. Jeff* 1. " The Sheriff or other Officer having the Execution and Return of any Writ for the Choice of a Member,, fhall, on or before the Day that any Parliament mail be called, and with all convenient Expedition* not exceeding fourteen Days after Election, make * return of the fame to the Clerk of the Crown in Chancery to be filed •, and the Sheriff, &V. fhall pay to the Clerk of the Crown the ancient Fees of four Shillings, for every Knight of a Shire, and two Shillings for every Citizen, Burgefs or Barort of the cinque Ports, and have Allowance thereof ir» his Account." By Seel. 3. " Every Sheriff, ©V. who fhall not make the Returns according to this Act, fhall for- feit five hundred Pounds, one Moiety to his Ma- jefty, and the other Moiety to him that fhall fue for the fame, in any of his Majefty's Court at V/ejl- minjler." II. SCOTLAND. By Stat. 5 Ann c. 3. fe£l. 1. Art. 3. " The united Kingdom fhall be reprefented by one Parlia- taenQ to be ftiled the Parliament of Great Britain" By Art. 22. ** Sixteen of the Peers of Scotland* at the Union, fhall be the Number to fit and vote in the Houfe of Lords j and Forty-five Com- moners ( H ) moners mall be the Number to fit and vote in the Houfe of Commons." This being premifed we will confider this Divi- fion under the following Subdivifions, viz. I. PEERS. ii. commoners; I. Peers. This Subdivifion admits of the following ones, viz* i . The Qualifications of the Eleclors. 2. The Qualifications of the elected. 3. The Manner of and Proceedings at the Eletlion. 1. The Qualifications of the Eleclors of the Peers for Scotland. By Stat. 5 Ann c. 8. feci. 12. " None mail be capable to elect, but fuch as are twenty-one Years of Age compleat, and Proteftants, excluding all Papifts, or fuch who being fufpefted of Popery, and required, refufe to fwear and fubfcribe the Formula * contained in the third Aft made in the eighth and ninth Seffions of King William's Parlia- ment for preventing the Growth of Popery ; and none fhall be capable to eleft, except fuch as are now capable by the Laws of this Kingdom, to eleft Commiffioners for Shires or Burghs, to the Parlia- ment of Scotland' 1 By Stat. 6 Ann. c. 23. fell. 3. " All the Peers who meet on the Proclamation for elefting the fix-. teen Peers of Scotland, fhall, before they proceed to the Election, and in the Prefence of the Peers Which fee in Appendix, N°. XXI. affembled aHembled, take the Oaths of* Allegiance andf Supremacy, and mall alfo make and fubfcribe the J Declaration in Stat. 30 Car. 2. feci. 2. and alfo take and fubfcribe the Oath of § Abjuration." By Seel. 4. " Peers who live in Scotland, but not prefent at fuch Meeting, may take the Oaths, &c. in any Sheriff's Court in Scotland-, and every Sheriff or his Deputy, before whom fuch Oaths, &c. fhall be fo made, fhall return the original Sub- fcription figned by the Peer, and make a Return in Writing under his Hand and Seal to the Peers fo aflembled of fuch Peers taking the Oaths, &c. and fuch Peer (hall be thereby enabled to make a || Proxy, or to fend a figned Lift, containing the Names of the fixteen Peers for whom he giveth his Vote : And fuch of the Peers as refide in Eng- land, may take the Oaths, &c. in her Majefty's Court of Chancery, Queen's Bench, Common Pleas, or Exchequer, in England, which being certified by Writ to the Peers in Scotland at their Meeting, under the Seal of the Court, mail intitle fuch Peer to make his Proxy, and to fend a figned Lift ; and in cafe any of the Peers, who before the iffuing of fuch Proclamation have taken the Oaths, &JV. to be certified as aforefaid (and if taken in Parlia- ment, to be certified under the Great Seal) fhall at the Time of iffuing fuch Proclamation be abfent in the Service of her Majefty, fuch Peer may make his Proxy or fend a Lift." By Stat. 1 Geo. flat. 2. c. 13. feci. 17. " If any Peer fhall vote or make his Proxy, not having » See Appendix, NMII. + Ibid. N°. IV. % Ibid. N°. V. $ Ibid. N°. VII. J| Provided that fuch Peers of Scotland as are alfo Peers of England, fhall fign their Proxies by the Title of their Peerage in Scotland, feci. 5. No Peer (hall be capable of having more than Two Proxies. Se8. 6. F taken ( 66 ) taken and fubfcribed the Oath of Abjuration, he fhall be difabled to vote at any Election." By Stat. 16 Geo. 2. c. 11. Sett. 20. " One Per- fon and no more, fhall be intitled to vote, in re- fpect of the fame Lands, and where Lands are now holden by any Baron, immediately of the King or Prince, fuch Baron (hall be intitled to vote for thofe Lands •, and no Vaffal or Sub-vafTal of the faid Baron fhall have Right to vote in Refpect thereof. 2. The Qualifications of the elected Peers for Scot- land. * By Stat. 5 Am c. 1. feci. 8. art. 22. " Every one of the Lords of Parliament in all fucceeding Parliaments of Great Britain, until that Parliament fhall otherwife diced, fhall take the Oaths * ap- pointed to be taken inftead of the Oaths of Alle- giance and Supremacy by Stat. 1 JV. fc? M.Jiat. 1. c. 8. and fubfcribe and repeat the Declaration men- tioned in Stat. 30 Car, 2. fiat, and fhall take and fubfcribe the Oath in •f Stat. 1 Ann fiat, 1. c ii r By Sett. 12. " None fhall be capable of being elected, but fuch as are twenty-one Years of Age compleat, and Proteftants, excluding all Papifls, or fuch who being fufpect of Popery, and required, refufe to fwear and fubfcribe the Formula contained in the third Act made in the eighth and ninth Sef- fion of King William's Parliament, for preventing, the Growth of Popery -, and none fhall be capable, of being elected, except fuch as are now capable by the Laws of this Kingdom to be elected as • For the Form, fee Append. N°. VII. f See 6 Anne. y.Jecl. 20, 21* Com* ( «7 ) Commiflloners of Shires or Burghs, to the Parlia* merit of Scotland." By Stat, i Geo. flat. 2. c. 13. feci. iy. " If any Peer fhall vote, or make his Proxy, not having taken and fubfcribed the Oath of Abjuration, he fhall be difabled to fue in any Court of Law, or to profecute any Suit in Equity, or to be Guardian, Executor, or Adminiftrator, or be capable of any Legacy or Deed of Gift, or to be in any Office in Great Britain, and fhall forfeit five hundred Pounds to him who will fue for the fame by way of Summary Complaint, before the Court ofSeffion or Judiciary in Scotland." By Stat. 16 Geo. 2. c. 11. feci. 20. " One Per- fon only fhall be intitled to be elected, in Refpect of the fame Lands, and where Lands are now holden by any Baron, immediately of the King or Prince, fuch Baron fhall be capable to be elected for thofe Lands ; and no Vaffal or SubvafTal of the laid Baron fhall have Right to be elected in Refpec~b thereof." The Manner of & Proceedings at the Election of the Peers for Scotland. By Stat. 6 Ann c. 23. feci. 1. " When the Crown fhall declare its Pleafure for fummoning any Parliament j in order to the electing the fixteen Peers of Scotland, a * Proclamation fhall be ifiued under the great Seal of Great Britain, commanding all the Peers of Scotland to afiemble at Edinburgh, or fuch other Place in Scotland, and at fuch Time as fhall be appointed in the Proclamation, to elect * Every Proclamation for the Purpofe abovefaid fhall be published at the Market-Crofs at Edinburgh, and in all the County Towns of Scotland, twenty-five Days before the Time appointed for the Meeting of the Peers, feci. 2. For Form fee Append. N°. XX. F 2 the C 68 ) the fixteen Peers to fit and vote in the Houfe of Peers in the Parliament of Great Britain. See Art. 22. in Stat. 5 Ann c. B.fecl. 1." By Seel. 7. "At fuch Meeting of the Peers they fhall all give in the Names of the Perfons by them nominated to fit and vote in the Houfe of Peers, and the Lord Clerk Regifter, or two of the principal Clerks of the Sefiion appointed by him to officiate in his Name, (hall after the Election is made, certify the Names of the fixteen Peers elected, and fign the fame in the Prefence of the Peers, which Certificate fhall by the Lord Clerk Regifter, or two of the principal Clerks of the Sefiions, be re- turned into Chancery before the Time appointed for the Meeting of the Parliament." By Sett. II. "In Cafe any of the fixteen Peers fhall die, or become legally difabled to fit in the Houfe of Peers, her Majefty fhall forthwith ifiue a Proclamation for electing another Peer of Scotland, to fit in the Houfe of Peers in the room of fuch Peer deceafed or difabled." II. COMMONERS. This Subdivifion admits of the fame as thofe of Peers did, viz. 1. The Qualifications of the Electors. 2. 'The Qualifications of the Elected. 3. 'The Manner of& Proceedings at the Election. 1. Qualifications of the Eleclcrs of the Commoners far Scotland. By Stat. 5 Ann c. 8. feci. 12. « None fhall be capable to elect, but fuch as are twenty-one Years of ( «9 ) of Agecompleat, and Proteftants, excluding all Pa- pifts, or fuch who being fufpected of Popery, and required, refufe to fwear and fubfcribe the For- mula * contained in the third Act made in the eighth and ninth Seffions of King William's Parlia- ment, for preventing the Growth of Popery ; and none fhall be capable to elect, except fuch as are now capable by the Laws of this Kingdom, to elect as Commiffioners for Shires or Burghs to the Par- liament of Scotland" By Stat. 12 Ann fiat. i. c. 6. feft. i. "No Con- veyance or Right, whereupon Infeoffment is not taken, and Seifin regiflrated, one Year before the Tefie of the Writs for calling a new Parliament, fhall, upon Objection made, intitle the Perfon infefft to vote, and in cafe any Election happen during the Continuance of a Parliament, no Con- veyance or Right, whereupon Infeoffment is not taken one Year before the Date of the Warrant for making out a new Writ for fuch Election, fhall, upon Objection made, intitle the Perfon infeofft to vote, or be elected at that Election •, and any of the Electors, fufpecting any Perfon to have his Eftate in Truft, and for the Behoof of another, may require the Prefes of the Meeting to tender any J Oath to any Elector ; and in Cafe fuch Elector refufe to fwear and fubfcribe the Oath, he fhall not be capable of voting at fuch Election.'* By Seel. 3. No Infeoffment taken upon any re- deemable Right (except proper Wadfets, Adjudi- cations, or Apprifings, allowed by the Act of Parliament, relating to Elections in 1681,) mall * For the Form, fee Append. N°. XXI. f By Seel. 2. Notwithftanding fuch Oath taken, fuch other Objections may be made as are allowed by the Laws of Scot- land, againft fuch Electors. F 3 intitle ( 70 ) intitle the Perfon • o vote at any Election in any Shire or Stewartry." By Seel. *». " The Right of Apparent Heirs in voting by Virtue of their Predeceffor's Infeoff- ments, and the Right of Hufbands by Virtue of their Wives Infeoffments, is referved." By Seel. 7. No Hufbands ftiall vote by Virtue of their Wives Infeoffments, who are not Heireffes, or have not Right to the Property of the Lands." By Stat. 10 An. c. ig. fell. 182. " No Commif- fioner, Officer, or other Perfon concerned in the managing any of the Duties granted by this Act (which is a Stamp Act) fhall endeavour to perfuade any Elector to give, or difluade him from giving his Vote for his Choice of any Perfon to be Com- miflioners, and every Officer, or other Perfon of- fending therein, fhall forfeit one Hundred Pounds, half to the Informer, and half to the Poor of the Place where the Offence is committed, to be re- covered by any Perfon who fhall fue for the fame, in the Court of Exchequer in Scotland ; and every Perfon convicted on any fuch Suit, fhall be there- by incapable of bearing any Place of Truft." By Stat. 1 Geo. fiat. 2. c. 13. feci. 4. 17. M Every Perfon who fhall refufe to take the Oath of * Ab- juration, or being a Quaker, fhall refufe to declare the Effect thereof upon his folemn Affirmation, (which Oath and Declaration the Member laft Elected for any County, or Stewartry in Scotland^ or in his Abfence, the Sheriff or Steward's Clerk, until a Perfon be chofen to proceed -f in the faid Meeting according to fiat. 3 Car. 2. c. 23. (of Scot - tifh Acts) intitled, An Acl concerning the Eleclion of Commiffioners for Shires, and after fuch Choice the Perfon fo chofen to proceed, or any Perfon chofen * The Form thereof, fee Appendix No. VH. t Examined with the Record. to ( 7« ) to proceed in any Meeting of any County or Srew- artry there, in which Rolls for Elections fhall hap- pen to be made up, fhall admin'fter, at the Re- By Stat. \6 Gto. 2. c. 11. fett. 28. " Whereas by an Act of Parliament in Scotland^ of the fifth of February, 1707, it is enacted, that where the Votes of the Commiflioners for the Boroughs meet to choofe Reprefentatives fhall be equal, the Prefi- dent of the Meeting fhall have a cafting Vote, but no Provifion is made in cafe of the Abfence of the Commiflioner from the prefiding Borough, or of his refufing to vote, be it enacted, that if the Commiflioner from the prefiding Borough be ab- fent from the Meeting of Commiflioners ibr choof- ing BurgefTes to ferve in Parliament, or refufe to vote, the Commiffioner from the Borough which was the prefiding Borough, at the Ia.it Election, and if he alfo be abfent or refufe to vote, the Com- miflioner from the Borough, which was the pre- fiding Borough at the Election immediately pre- ceding the laft, and in cafe he be abfent or refufe to vote, the Commiflioner from the Borough which was the laft prefiding Borough but Two, fhall have befides his own Vote the cafting Vote," By Sett. 30.-" At all Meetings of Commiflion- ers for choofing BurgefTes to ferve in Parliament, the common Clerk of the prefiding Borough fhall allow the Votes of fuch Perfons only who produce Commiflions, authenticated by the Subfcription of the Common Clerk, and the Common Seal of the refpective Boroughs, and fhall return to the Sheriff' or Steward, the Perfon elected by the Major Part of fuch Commiflioners." By Sett. 32. " If any Perfon to whom any Com- miflion is made as aforelaid, infill that he was duly elected Commiflioner for any Royal Borough, he fhall be admitted to the Meeting of the Commif- fioners for chufing BurgefTes to ferve in Parlia- ment, and may there make offer of taking the Oaths, and declare for whom he would have vot- ed: which Oaths the Clerk of the prefiding Bo- E 3 rough t S6 ) rough mall adminifter, and (hall fet down in the Minutes of the Proceedings the Declaration of fuch Perfon, but fhall not receive him as a legal Voter or fuch Declaration as a legal Vote." By Sett. 43. " Every Penalty or Forfeiture by this Act impofed in Scotland, fhall be fued for and recovered by way of fummary Complaint before Court of Seflion, upon thirty Days Notice to the Perfon complained of, without abiding the Courfe of any Roll ; which Complaint the Court of Seflion fhall determine, and declare the difabilities and in- capacities, and direct the Imprifonments, as here- in provided.'' By Sett. 44. " No Perfon fhall be liable to any Incapacity, Disability, Forfeiture, or Penalty, by this Act impofed in Scotland, unlefs Profecution be commenced within one Year fuch Incapacity, fcffi incurred." By Sett. 13 "At every Meeting for the Elec- tion of a Commifiioner to ferve in Parliament, if the Commifiioner laft elected, or in his ab- fence the Sheriff or Steward's Clerk, fhall, in the Choice of Prefes or Clerk, receive the Vote of any Perfon not upon the Roll, he fhall, for every fuch Offence forfeit three hundred Pounds Sterling, to every Candidate for the Office of Prefes or Clerk, for whom fuch Perfon fhall not have given his Vote, to be recovered by him, or if the Commifiioner laft elected, or the Sheriff or Steward's Clerk, fhall in the Choice of Prefes or Clerk, not call for, or refufe the Vote of any Perfon whofe Name is upon the Roll, he fhall for every fuch Offence forfeit three hundred Pounds Sterling to the Perfon whofe Name fhall not be called for, or whofe Vote fhall be refufed, to be recovered by him or his Executors ; and if the Prefes in the Election of the Member to ferve in Parliament, receive the Vote of any Perfon not upon, ( 8; ) upon the Roll, he fhall for every fuch Offence for- feit two hundred Pounds Sterling, to every Can- didate for whom fuch Perfon (hall not have given his Vote, to be recovered by him or his Execu- tors, or if the Prefes (hall in the Election of the Member, not call for or refufe the Vote of any Perfon whofe Name is upon the Roll, he fhall for every fuch Offence, forfeit two hundred Pounds to him whofe Name (hall not be called for, or whofe Vote mall be refufed, to be reco- vered by him or his Executors : And in cafe of equality of Votes in the Choice of Prefes or Clerk, the Commifiloner laft elected, and in his abfence any Freeholder prefent who laft reprefented the Shire or Stewartry in any former Parliament, and if no fuch Perfon is prefent, the Freeholder prefent who prefided laft at any Meeting for any Elec- tion, and in his abfence the Freeholder who laft prefided at any yiichaelmas Meeting, and if none of the faid Perfons be prefent, the Freeholder pre- fent who (lands firft on the Roll, (hall, befides their own Votes, have the catting Vote ; and the Prefes chofen (hall, in the Choice of the Commiffioner to ferve in Parliament, and all other Queftions where where the Votes are equal, in like Manner, be- fides his own Vote, have the carting Vote." By Sett. 15. " The Commiffioner laft elected, or in his abfence the Sheriff or Steward's Clerk, (hall fign the Minutes of the Election of Prefes and Clerk, and deliver the fame to the Clerk chofen as aforefaid ; and if the Commiffioner laft elected, or the Sheriff or Steward's Clerk, neglect or refufe to fign the faid Minutes, and deliver the fame to be chofen as aforefaid, or fign falfe Mi- nutes, he fhall for every fuch Offence forfeit one hundred Pounds Sterling to the Prefes to be reco- vered by him or his Executors." By Sett. 1 7. " Every Sheriff or Steward in Scot- land, upon producing to him a Copy of the Roll G 4 laft ( 88 ) lad made up by the Freeholders at the laft Michael- mas Meeting, or at the laft Election, extracted and figned by the Sheriff or Steward's Clerk, and the original Minutes of the Election of Prefes and Clerk figned by the Commiflioner laft elected, or in his abience by the Sheriff or Steward's Clerk, fhall annex to the Writ the Return made by the Clerk, chofen by the Majority of the Freeholders on the Roll ; and if any Sheriff or Steward neglect or refufe to annex to the Writ fuch Return, or fhall annex the Return made by any other Perfon pretending to be Clerk, he fhall for every fuch Offence, inftead of the Penalty inflicted by 7 Geo. 2. c. 16. feci. 1. forfeit five hundred Pounds Sterling, to the Perfon returned by the Clerk and chofen by the Majority of the Freeholders, to be recovered by him or his Executors." By Seel. 18. " Every Sheriff or Steward in Scot- land, fhall hold the Michaelmas head Court on the Day on which it has been molt ufually held, and every Sheriff or Steward fhall fourteen Days before Michaelmas next, appoint a Day for holding his Michaelmas head Court, in the Year 1743 ; and the Day fo appointed before Michaelmas next, fhall be the Annivcrfary for holding the Michaelmas head Court of the laid Shire or Stewartry in all Time coming." By Seel. 21. " The Freeholders and Proprietors having Right to elect, or to be elected, for the Shire of Sutherland, fhall meet at the head Borough of the faid Shire, at the Michalmas head Court in the Year 1745, and fhall make up a Roll of the Electors having Right to vote in the Terms of this Act, and of the other Acts touching the Election of Commiflioners for Shires in Scotland-, which Roll, fo made up, fhall be revifed yearly at the Michaelmas Meeting, and at after Elections ; and the faid Acts fhall extend to the Shire of Suther- lan4 C «9 ) land as well as to the Shires in Scotland, except fo far as is otherwife * provided in this Act. By Sett. 22. "At the anual + Election of Ma- gistrates and Counfellors in Boroughs, and in all the Proceedings previous to fuch Election, the Minority either of Magistrates or Counfellors, or Deacons, or other Perfons who have Votes in the Eleclion of Magistrates or Counfellors, fhall not feparate from the Majority \ nor make any fepa- rate Election of Magistrates, Counfellors or Elec- tors ; and if any Perfon elected by the Minority prefume to vote in the Election of Magistrates or Counfellors, or in electing the Magistrates or Coun- fellors, or in any other Step of the Election, he fhall forfeit one hundred Pounds Sterling, to any One of the Majority of fuch Meeting.'* By Seel. 24. " Any constituent Member at any Meeting for Election of Magistrates or Counfellors, or of any Meeting previous thereto, who appre- hends any wrong to have been done by the Majo- rity of fuch Meeting, may apply to the Court of Seifion by a fummary Complaint for rectifying fuch Abufe, or for making void the Election by the Majority, or for afcertaining the Election by the Minority, fo as fuch Complaint be prefented within two Kalendar Months after the annual Election of the Magistrates and Counfellors-, and the faid Court fhall thereupon grant a Warrant for fummoning the Magistrates and Counfellors elected by the Ma- jority, upon thirty Days Notice, and fhall hear and determine the faid Complaint fummarily, without abiding the Courfe of any Roll, and fhall allow to the Party who fhall prevail, their Costs." * See Se3. 19. of this Aft, in P. 79. •J- Stat. 2 Geo. 2. e. 24. is to be read by the Sheriff", &c after reading the Writ, at the annual Eleftion of Magiilrates and Town Counfellors for every Borough in Scotland. See Sc8. q. of the fame Statute. . 3y ( 90 ) By Seel. 26. " At every Election of Commif- fioners for chufing Burgefies for any Diftrict of Bo- roughs in Scotland, the Common -clerk of each Bo- rough fhall make out a Commiflion to the Perfon chofen by the Major Part of the Magiftrates and Town -council ; which Magiftrates and Town- council fhall take the Oath of Allegiance, and fign the fame with the Afiurance, and fhall take all the the other Oaths appointed to be taken at fuch Elec- tion by this or any former Act, if required ; and the faid Clerk fhall affix the Common Seal of the Borough thereto, and fign fuch Commiflion, and fhall not make out a Commiflion for any Perfon as Commiflioner, other than him who is chofen by the Majority ; and if any Common-clerk of any Borough neglect; or refufe to make out fuch Com- miflion, or to make out a Commiflion to any other Perfon, he fhall for every fuch Offence forfeit five hundred Pounds Sterling to the Perfon elected Commiflioner, to be recovered by him or his Ex- ecutors, and fhall fuffer Imprifonment for fix Ka- lendar Months, and be difabled to hold the faid Office of Common-clerk of the laid Borough." By Seel. 27. " If any Perfon who is not the Common-clerk of the Borough, take upon himfelf to act as fuch in any Election of a Commiflioner for chufing a Burgefs fbr any Diftrict of Boroughs in Scotland^ and make out a Commiflion for any other Perfon as Commiflioner, other than the Per- fon chofen by the Majority, and fign or affix the Common Seal of the Borough thereto, he fhall for every fuch Offence forfeit five hundred Pounds Sterling, to the Commiflioner for the faid Bo- rough, to be recovered by him or his Execu- tors." By Seel. 31. " Every Sheriff or Steward in Scot- land fhall annex the Writ the Return made by the faid Clerk of the prefiding Borough ; and if any fuch ( 9i 5 fuch Sheriff or Steward neglect or rehife fo to do, or if he annex to the Writ any Return made by any other Perfon, he (hall for every fuch Offence, inftead of the Penalty inflicted by 7 Geo. 2. c. 16. feci. 48. forfeit five hundred Pounds to the Can- didate returned by the aforefaid Clerk of the pre- fiding Borough, to be recovered by him or his Executors." By Seel. 35. " In all Elections of Commoners for chufing Burgeffes, and before they proceed to Elec* tion, the common Clerk of each Borough fhall take and fubfcribe the Oath [N°. XXV. of Appendix) which any of the Magiftrates, or in their Abfence, any two of the Town Counfel fhall adminifter." And at all Meetings for chufing. Burgeffes to ferve in Parliament, before they proceed to the Election, the Clerk of the prefiding Borough fhall take and fubfcribe the Oath (N°. XXIV. of Appen- dix) which the Commiflioner for the prefiding Borough, or in his Abfence, any other of the Com- mifiioners fhall Adminifter. By Sift. 36. " If the Clerk of the prefiding Bo- rough neglect:, or refufe to take the Oath afore- faid, he fhall be incapable to act as Clerk to the faid Meeting; and the faid Commiflioners fhall choofe another Clerk." By Sett. 37. " At all Elections of a Member to ferve in Parliament for any County, or Stewartry, in Scotland, the Clerk fhall after his Election, take and fubfcribe the Oath (N°. XXV. of Appendix) which the Prefes of the Meeting fhall adminifter." By Seel. 39. "If any Perfon prefume wilfully and falfly to fwear and fubfcribe any of the Oaths re- quired to be taken by this Act, and be convicted, he fhall incur the Pains and Punifhments of Per- jury, and be profecuted according to the Laws of Scotland.* III. WALES. ( 9* ) III. WALES; By Stat. 35 Hen. 8. e. ti, /*#. 3. M The Bur- geffes of all the Cities and Towns in the twelve Shires in Wales and County of Monmouth^ which be contributory to the Burgeffes Wages of the Shire Towns, mall be admonifhed by Proclama- tion, or otherwife by the Mayors, Bailiffs, or other head Officers, to come and give their Elections for the faid Burgeffes at fuch Time and Place reaibn- able, as fhall be afligned by the Mayors, &V. of the Shire-Towns, in which Elections, the Burgeffes fhall have like Voices to elect the Burgeffes of the Shire-Towns, as the Burgeffes of the Shire-Towns have." See Stat. 18 Geo. 2. c. lS.feff. 12. 31 Geo, 2. c. 14. 3 Geo. 3. c. j 5. DETERMINATIONS OF THE HONOURABLE HOUSE o F COMMONS, CONCERNING ELECTIONS, AMD ALL THEIR INCIDENTS; A S The Miring of the Writ, the Taking of the Poll, the Scrutiny, the Return, the Qualifications of the Electors and Elected, Oaths to be taken, Rights of Election in the feveral Cities and Boroughs, Evidence proper on Hearing, Dis- qualification by Offices, Bribery, Treat- ing, Riots. THE WHOLE DIGESTED UNDER PROPER TITLES; ALSO A TABLE OF THE PRINCIPAL MATTERS. THE FOURTH EDITION, Continued down to the End of the Seffion of Parliament, 1767. L O N D O Ni Printed for W, Owen, N». ii. in Fleet-Street, near Temple-Bar. M DCC LXVIII, ( 95 ) DETERMINATIONS O N ELECTIONS. attngtwtu Martis, 18 die Januarii> 1708. Refohed, TH AT the Right of electing a Burgefs to ferve in Parliament for the Borough of Abingdon, is in the Inhabitants paying Scot and Lot, and not receiving Alms, or any Charity, Sabbati, 1 1 die Becemb. 1 680. 1 . Refohed, That in the Borough of Agmonde- Jham, alias Amerjham, in the County of Bucks, thofe Inhabitants only who pay Scot and Lot have Right to give Voices in the Election of Burgefles to ferve in Parliament for the faid Borough. *o' Sabbati, 1 die Becembris, 1705. 2. Refohed, That the Right of electing Bur- gefies to ferve in Parliament, for the Borough of Agmonde/ham ( 96 ) Agmondefham in the County of Bucks, is in the In- habitants paying Scot and Lot only. Martis, 28 die Januarii, 1695. 1. Refolved, That the Right of Election of Bur- gefTes to ferve in Parliament for the Borough of Ailefbury, in the County of Bucks, is in all the Hou (holders of the faid Borough, not receiving Alms. Martis, 7 die Februarii, 1698. 2. Refolved, That all Perfons receiving Alms within the Borough of Ailefbury, purfuant to the Will of Mr. Bedford, or any other Perfons receiv- ing any other Charity annually diftributed in the fame Town, are, in refpect thereof, difabled to vote in the Election of BurgefTes to ferve in Parliament for the faid Borough. This was altered from what the Committee report- ed, and agreed to by the Houfe. Luna, 10 die Mar 'tis, 1700. 1. Refolved, That the Right of electing Bur- gefTes to ferve in Parliament, for the Borough of St. Albans, is in the Mayor, Aldermen, and Free- men, and fuch Houfholders only as pay Scot and Lot. Sabbat i, 24 die Novembris, 1705. 2. Refolved, That the Right of electing Bur- gefTes to ferve in Parliament for the Borough of St. Albans, in the County of Hertford, is in the Mayor, Aldermen, and fuch Freemen only, as have a Right to c 97 ) ~t6 Freedom by Birth or Service, or have it by Re- demption, in order to traxle, or inhabit within the laid Borough, and. in the Houfeholders paying Scot and Lot. Martis, 2 7 die Aprilis, 1 7 1 4. 3. Refolved, That the Right of Election of Members to ferve in* Parliament for the Borough of St. Albans, in the County of Hertford^ is in the Mayor, Aldermen, and Freemen, and fuch Houfe- holders only as pay Scot and Lot. aiti&o^ug;!) in gjuffoftu Veneris •, 23 die Decembris, 1709. t. Refolved, That the Right of electing Bur- gelfes to ferve in Parliament, for the Borough of Jldborough, in the County of Suffolk, is in the Bai- liffs, BurgefTes and Freemen, not receiving Alms. JcviSf 1 6 die Junii, j 7 1 5. 2. Mr. Hampden, (according to Order) reported From the Committee as follow, Refolved, That it is the Opinion of this Com- mittee, that the Right of Election of Members to ferve in Parliament for the Borough of Aldborcugb in the County of Suffolk, is not in the Bailiffs, Bur- gefTes, and Freemen of the faid Bo.ough not re- ceiving Alms. Refolved, That it is the Opinion of this Com- mittee, that the Right of Election of Members to ferve in Parliament for the Borough < f Aldborougb in the County of Suffolk, is in the Bailiffs and Bur- gelTes refident within the faid Borough, and not receiving Alms. Here are four more Refolutions j who are 9 and who *re not duly eletted, &c. H i The ( 98 J The firft four of the faid Refolutions being fede- rally read a fecond Time, the fame were upon the- Queftion feverally put thereupon, difagreed unto- by the Houfe. aintUWI&f) in £0$fl)lte* See Capacity Jo vis, 15 die Maii, 1679* 1. Refolved, That all the Inhabitants of the Bo- rough of Aldborough in the County of York, pay- ing Scot and Lot, have only Right to vote in electing Members of Parliament for the faid Bo- rough. Sahkatiy 1 7 die Maii, 1 69a. 2. Refolved, That the Right of electing Bur- gefles to ferve in Parliament for the Borough of Aldborough, in the County of York, is not only in the felect Number of Burgeffes holding by Bur* gage-Tenure in the fakl Borough. 3. Refolved, That all the Inhabitants of the faid Borough of Aldborough, paying Scot and Lot, have Right to vote in electing of Members of Parlia- ment for the faid Borough* SUietU See Capacity. Jovis, 22 die Decembris, 1698* On a Hearing for Weftminfter: 1. Refolved, Nemine contradicente, That no Alierr 9 not being a Denizen, or naturalized, hath any Right to vote in Elections of Members to ferve in Parliament. < SItttfc r 99 j Mercurii, S die Januarii, 1689.' i. Refolved, That thofe who receive Alms ac> cording to the Act of Parliament for the Relief of the Poor, have no Voices in Election of Burgeffes to ferve in Parliament for the Borough of Abing- don. 2. Refolved, That thofe Inhabitants who receive Sny conftant Alms, Weekly, Monthly, Quarterly, or yearly, have no Voices in fuch Elections. 3. There are many Votes \, in the Cafes of other Cor" jpora.'ionSy to the like Effect, Jovis, 28 die Januarii, 1702. t. Refolved, That the Right of Election of Bur- geffes to ferve in Parliament for the Borough of Andover in the County of Southampton, is in the Bailiff arid felect Nurriber of Burgeffes only. Jovis, 7 die Martii, 1727. 2. Ordered, That the approved Men and Bur- geffes of the Borough of Andover (in Com. South' hampton) who have petitioned this Houfe, com- plaining of an undue Election and Return for the faid Borough, and that their Votes were refufed by the Bailiff; be at liberty to withdraw their faid Pe- tition. Jovis, 22 die Februarii, 1693; 1. Refolved, That the Right of Election of Bur- geffes to ferve in Parliament for the Borough of H 2 Arundel I ioo ) Arundel in the County of SuJJex, is only in the In- habitants of the faid Borough paying Scot and Lot. aifl&urtmu Jovis, 26 die Februarii, 1707. 1. Re'ohed, That the Right of Election of Mem- Bers to ferve in Parliament for the Borough of /IJk* burton, in the County of Devon,, is in the Free- holders having Lands or Tenements holden of the &id Borough only. Sabbati, ij die Martii, 1710. r, Refolved, That the Freeholders of the Lands and Tenements,, called Maljhanger and Holweil Lands, lying within the Borough of AJhburton, and fubjecT: to pay a Borough Kent, have Right to- vote for Members to ferve in Parliament,- for the ikid Borough of /Ifhburton. Martis, 2 a, die Decembris, 1 69 1 . r. Refohed, That the Right of Election of a- Surge fs to ferve in: Parliament for the Borough of Banbury, is in the Mayor, Aldermen,, and capital BurgeiTes of Banbury only. Luna, 27 die Januarii, 1706. # 1. Refohed, That the Right of Election of Citi- zens to L j rve in Parliament for the City of Bath, in the County ot Somerfet, is in the Ma) or, Alder- jnen, and Common-CQunciLonly. Martis* X IOT ) Martis, 22 die JurJi, 1742. 2. The Houfe being informed that General Walk {(a Member of this Houfe) hath, fince his Election to ferve in this prefent Parliament, tor the City of Bath, in the County of Somerfet, accepted the Office of Lieutenant General of his Majefty's Ordnarcc- j and the Opinion of the Houfe being defired, whe- ther by the Acceptance of the iaid Office, hts Seal in Parliament become void j And a Motion being made, and the Queftion ■being propofed, that the accepting the Office of Mafter General, or Lieutenant General, of his Majefty's Ordnance, by any Member of this Houfe, being an Officer in the Army, does va- cate the Seat of fuch Member in this Houfe ; The Houie was moved, that the twenty eighth. Se&ion -of an A (5b made in the fixth Year 6f the Reign of Queen uinn, intitled An Aft for the Secu- rity of her Majefty's Per/on and -Government, and of Xhe Sucrejfwn of the Crown of Great Britain in the P rot eft ant Line, might be read : And the fame being read accordingly ; And the Queftion being put, that the accepting the Office of Mafter General, or Lieutenant Ge- neral, of his Majefty's Ordnance, by any Member of this Houfe, being an Officer in the Army, does vacate the Seat of fuch Member in this Houfe ; It palled in the Negative, Nemine ContraduenU, 15cattmarig. Sabbat i, 1 8 die Febrtiarii t 1 709. 1. Refohed, That the Right of electin;:; a Bur- igefs to ferve in Parliament for the Borough of Hxaumai'is in the County of Anglefey^ is in the H 3 Mayor, ( 102 ) Mayor, Bailiffs, and Capital BurgefTes pf Beaumaris only. Mercurii, 3 die Martii, 1729. 2. Refolved, that the Right of electing a Burgef? to ferve in Parliament for the Borough of Beau- maris, in the County of Anglefey, is in the Mayor. Bailiffs, and Capital BurgefTes only of the faid JSorough of Beaumaris. •BeHfo^'Cotum Sabbati, 12 die Jprilis, 1690. 1. Refolved, That the Right of electing Bur- gefTes to ferve in Parliament for the Borough of Bedford, is in the BurgefTes, Freemen, and Inha- bitants, being Houfeholders of Bedford^ not re- ceiving Alms. Mercurii, 26 die Martii, 1729. 1. Refolved, That the Right of Election of Bur : geffes to ferve in Parliament for the Borough of Great Bedwin, in the County of Wilts, is in the Freeholders and Inhabitants of ancient Burgage MefTuages. 'Betealffam Martis, 6 die Junii, 172 1. 1. Refolved, Nemine contradicente, That the Right of Election of BurgefTes to ferve in Parlia- ment for the Borough of Beredfion in the County of Devon, is in the Freehold Tenants of the faid Borough, holding by Burgage-Tenure, and pay- ing three Pence fer Annum, or more ancient Bur- gage C 103 ) gage-Rent to the Lord of the faid Borough, and in them only. 2. The Houfe being acquainted, that an Inden- ture of Return, figned by the Freehold Tenants of the faid Borough, had been tendered to the Port- Reve of the faid Borough, at the Time of the Election, but that he refufed to accept the fame ; and that one of the Perfons who had figned and tendered the faid Indenture to the Port-Reve, was at the Door : The faid Perfon was called in and examined, and delivered the faid Indenture in to the Clerk of the Houfe •, and the fame was read at the Table. And the Clerk of the Crown attending the Houfe in his Place (according to Order) with the Return for the faid Borough ; Ordered^ That the Clerk of the Crown do take off from the Writ the Indenture, by which Philip Cavendijb^ Efq-, is returned to ferve for the faid Borough. 3. Ordered, That the Port-Reve of the faid Bo- rough of Berealjlofiy do execute the Indenture of Return, figned by the Freehold Tenants of the faid Borough, which was tendered to him at the Time of the Election •, and that, when the faid Indenture is fo executed, the Clerk of the Crown do receive the fame, and annex it to the Writ di- recting the faid Election. Martis, 27 die Maii, 1679. 1. Refohed, That all the Inhabitants of the Bo- rough of Bewdley (in Com. Worcester) have not a Kight to vote in Flections of Members to ferve in Parliament for the faid Borough. H 4 Martis ( 104 ) Mart is, 8 die Februarii, 1708. i. A Motion being made, and the Queftioq being put, that Thomas Smith', who was about M-. chaelmas, One thouilind feven hundred and leven* chofen Bailiff of the Borough of Bevi-dly, and againft whom an Information jn the Nature of 3 Quo Warranto was brought, and Judgment given for him thereupon, was rightly Bailiff of the faid Borough at the Time of the Election of a Burgefs to ferve in the prefent Parliament : it palled in the Negative. 3. RefolveJ, That Samuel Slade, nominated Bai- liff of the Borough of Be-wdly, by a Chatter granted by her Majeity, for maintaining the Peace and good Government of the - faid Borough, was right- ful Bailiff of the faid Borough, at the Time of the Election of a Burgefs to ferve in this prefent Parlia- ment. Mariis, 19 die Dec. 1710. 4. Refelvedi, ;That the Charter, dated the twen- tieth or. April, One thoufand feven hundied and eight, attempted to be im poled upon the Borough of Bewdtyi againft the Conient of the ancient Cor- poration, is void, illegal and deftru&ive of thfi Constitution of Parliament* Veneris, 11 die Becemhris, 1741^ 1. A Motion being made, and the Queftion being propofed, that the Clerk of the Crown do rake off the File, the Indenture of Return of Burgeiks to ferve in this prefent Parliament for the Borough of Bojfinney in the County of Cornwall) figned by. ( m y Pa/ko Hojkin, the fame not being figned by tb* proper Returning Officer of the faid Borough; Mr. Fofter, one of the fitting Members for the laid Borough, being prefent, withdrew. 2. Refolved, That the Clerk of the Crown do take off the File, the Indenture of Return of Bur- gefles to ferve in this prefent Parliament for the Borough of Bojjinney, in the County of Cornwall^ figned by Pa/ko Ho/kin, the fame not being figned by the proper returning Officer of the faid Bo- rough. . ■ • And he took the fame off the File accordingly. 3. Refohed, That the Clerk of the Crown do. annex to the Writ the Indenture of Return of Bur- geffes to fertfe in this prefent Parliament for the Borough of Boffmney in the County of Cornwall^ figned by John Robins, he being the proper Re- turning Officer of the faid Borough. And he annexed the fame to the Writ accord- ingly. Ordered, That Thomas Fojier and Richard Liddel, Efqrs-, be at Liberty to petition this Houfe touch- ing the Election for the faid Borough of Bojfnney^ within fourteen Days next, if they think fit. 'Bottom Jovis, 8 die Maii, 4 C. 1. 1628. 1. Refohed, That the Right of Election for BurgefTes to ferve in Parliament for the Borough of Bofton (in Com. Lincoln) refteth in the Commonalty, and not in the Mayor, Aldermen, and Common- Council. Jovis, 20 die Martii, 171 1. 2. Refohed, That it is the Opinion of this Com- ftlktec, That the Right of Election of Members M ( io6 ) to Tervc in Parliament for the Borough of Bojion in the County of Lincoln* is only in the Mayor, Al- dermen, Common -Council, and Freemen of the faid BorOugh, refident in the faid Borough, and paying Scot and Lot. 3. Refolved % That it is the Opinion of this Com- mittee, That William Coat/worth, Efq-, is not duly elected a Burgefs to ferve in this prefent Parlia- ment for the Borough of Bcfton in the County of Lincoln. 4. Refolvcd, That it is the Opinion of the Com- mittee, That the honourable Philip Bertie, Efq-, is duly elected a Burgefs to ferve in this prefent Par- liament for the faid Borough. The firft and fecond Refolution (viz. fecond and third above} being read a fecond time, were agreed unto by the Houfe. The third Refolution being read a fecond time, 5. The Refolution of the Houfe of the eighth of December laft, relating to Lords of Parliament, and Lord-Lieutenants of Counties, concerning them- felves in the Elections of Members to ferve for the Commons in Parliament; and alio, The Act of the feventh and eighth Years of his late Niajefty's Reign, intitled, An A ff for prevent- ing Charge and Expence in Elections of Members to ferve in Parliament, were read. And the Qiieftion being put, That the Houfe do agree with the Committee in the faid Refolution, It palled in the Negative. 6. Refolved, 'i hat the late Election for the faid Borough of Bpflon is a. void Election. Mercuriii 2 die Martii, 17 19. 7. Refolved, That the Right of Election of Members to ferve in Parliament for the Borough of Bofttu in the County of Lincoln, is only in the Mayor, ( io7 ) fAayOTy Aldermen, Common-Council, and Free*? men of the faid Borough, refident in the faid Bo- rough, and who pay Scot and Lot, fuch Freemen claiming their Freedom by Birth or Servitude. Martis, 20 die Jprilis, 1714. 1. Refolved y That the Right of Election of Member to ferve in Parliament, for the Borough of Brackley in the County of Northampton, is in the Mayor, Aldermen, and Burgefles of the faid Bo- rough. N. B. The Refolution of the Committee {which was amended by the Houfe) had thefe Words more than the above Refolution, viz. refiding in the faid Borough. T5ttto\u MarttSy 1 die Jprilis, 1697. 1. There were two Indentures affixed to the Writ for the Town of Brecon, the firft, between fome Aldermen and Burgefles of one Fart, and the Sheriff of the other ; the fecond, between the She- riff of one Part, and the Bailiff of that Borough of the other j whereby John Jefferies, Efqj was re- turned. Refohed y That the Indenture wherein John Jef- feriesy Efq; is returned to ferve in this Parliament for the Borough of Brecon, is well and duly re- turned, and by the proper Officer; and that there- upon he pught to fit, as well and duly returned to ferve in this Parliament for the faid Borough of §recon. T#ber| ( ioS ) 'Slftetp and Corruption* See Privileges, Treating. Veneris ■, i$die Novembris, 1689. 1. U/>o« fpecial Report from the Commit t tee of Privileges and Elections, of grofs and notorious Bri- bery, at an LlecJibn for" the Borough of Stockbridge, in Com. Southampton ; Refolved, That W. Montague, Efq-, is not duly elected a Burgefs to ferve in this prefent Parlia- ment for the laid Borough of Stockbridge. 2. Refolved, That W. Strode, Efqi is not duly elected a Burgefs, &c. 3. Refolved, That the faid Election is a void Election. 4. Ordered, That Rkhard Hewes, the Bailiff, P. Robinfon, Gatehoufe, and 5. Rally be fent for into Cuftody of the Serjeant at Arms, for giving and taking Bribes at the faid Election. 5. Refolved, That tV. Montague, Efq-, be dis- abled from being elected a Burgefs to ferve in this prefent Parliament for the faid Borough of Stock- bridge. 6. And a Debate arifing touching the disfran- chizing the faid Borough for ever hereafter from fending Burgeffes to Parliament, and that inftead thereof, two more Knights of the Shire be chofen for the County of Southampton ; Refolved, That the Debate be adjourn 'd till Monday Morning next, ten a Clock. Mercurii, 27 die Novembris, 1689. 7. A Petition of R. Hewes, &c. Inhabitants of Stockbridge, that they were lorry they had incurred the Difpleafure of the Houfe by encouraging the giving Money, and by other Irregularities at the late - C 109 ) late Election there, which they had not done, trofc that they were fo near Ruin by the late King's 1 - Army continually quartering upon them, and pray- ing the Confideration of the Houfe, and to be dis- charged from their Confinements. The Petitioners being called in, and feverely re- proved by Mr. Speaker for their Offences, were difcharged, paying their Fees. Mercurii, 20 die Decembris,. 1693. 8. Refolved, That the faid Election for the faid Borough of Stockbridge, is a corrupt and a void Election. 9. Refolved, That a Bill be brought in for dis- abling the faid Borough of Stockbridge, to fend Bur- gefies to ferve in Parliament for the future. And the faid Bill was brought in the fame Sejfwn t gnd read a firfi, and fecond Time, and committed. Mercurii, 7 die Februarii, 1693. 10. A Petition of the Bailiff, Conftable, and other Inhabitants of the faid Borough of Stockbridge was prefcnted to the Houfe, and read, Praying that the Bill may be withdrawn, and that the ancient Frame and Conftitution of the faid Borough, in; fending Members to Parliament may not be alrered. Refolved, That the faid -Petition be rejected. Eodtm die 1 1 . Another Petition of the Bailiff and Inhabi- tant* of the 'Town of Stockbridge />r<2j/;zg to be heard by their Council againfi the faid Bill ; was alfo rejected. 1 2. And the Bill was afterwards engrofjed, and read a third Time, but on the third reading, the §>uef~ (ion being put, That the Bill do pals •, It pafied ift the Negative. And afterwards, * Jevis 9 C no ) Jovis, 19 die Aprilis, 1694. 13. A Motion being made, and the Quetfiotf being put, that a Warrant be now directed to the Clerk of the Crown to make out a new Writ for the electing a Burgefs, to ferve in this prefent Par- liament for the Borough of Stockbridge in the County of Southampton, in the Room of Richard Whitehead, Efqj It paffed in the Negatives Sabbati, 3 die Februarii, 1 699. 14 Upon the Report of the Committee touching an Eleclion for Bifhop's Caftle. Refolved, That the faid Election is a void Elec- tion. 15. It appearing to this Houfe, upon the faid Report, that the Burgefles of the faid Borough or Bifhop's Caftle have been notorioufly guilty of Bri> bery in the faid Election. Refolved, That no Writ do ilTue during this Sef- fion for electing another Burgefs for the faid Bo- rough. 25 die Februarii, lyod. 16. A Petition of fome of the unbribed Bur- gefles of Weobly, &c. was referred to the Com- mittee. Mercurii, 1 2 die Martii, 1 700. 17. Refolved, That it appears that Mr. Samuel Cutting hath endeavoured by Bribes and other in- direct Practices to corrupt the Electors lor the faid Borough. Ordered into Cuftody for the faid Offence. Luna, 17 die Martii, 1700. 1 8. Refolved, That the Electors of the Borough of Andover (in Com. Southampton) have endeavour- ed corruptly to fet to fale the Election of a Burgefs to ferve in this Parliament for the faid Borough. 19. Re- ( M* ) 19. Refolved, That the lending of Money upon any Security to a Corporation which fends Mem- bers to Parliament, and remitting the Intereft of the fame, with Intent to influence the Election of fuch Corporation, is an unlawful and dangerous Practice. Mercurii, 19 die Mar tit , 1700. 20. Refolved, That Sir Edward Seymour, Baro- net, has made good his general Charge againft Samuel Sbeppard, fen. Efq; of Bribery and Cor- ruption, &c. It. Refolved, Nemine Contradicente, That the Thanks of the Houfe be given to Sir Edward Sey- mour, Bart, a Member of this Houfe, for the great Service he hath done the Publick in detecting the Bribery and Corruption which hath been practifed in the Elections of feveral Members to ferve in this prefent Parliament. Mercurii, 16 die Jprilis, 1701. 22. Mr. Samuel Sheppard, fen. was expelled the Houfe , and remanded to the Tower. Sabbati, 28 die Oclobris, 1702., 23. The Houfe being informed, That George Morley, Efq; a Member of this Houfe, hath been guilty of Bribery, in relation to his Election for the Borough of Hindon in the County of Wilts-, and he not being in the Houfe ; Ordered, That the faid Mr. Morley do attend in his Place upon Tuefday Morning next. Veneris, 27 die Novembris, 1702. 24. The Houfe proceeding to the Hearing of the Matter of the Charge of Thomas Jervoife, Efq; againft George Morley, Efq; and of the Petition touching the Election for the Borough of Hindon in the County of JVilts. — - And ( 1*2 > And the Queftion being put, that George Mor~ ley, Efq; is duly elected a Burgefs to ferve in this prefent Parliament for the Borough of Hindon in the County or Wilts ; Jt paffed in the Negative. 25. Ordered, That Leave be given to bring in a Bill for the Disfranchifing the Borough of Hindon in the County of Wilts, from electing Members to ferve in Parliament •, and that Mr. Harley, the Lord Mordaunt, and Mr. Scobel, do prepare and bring in the fame. Mart is, 8 die Dec em his, 1702. 26. Refohed, That the late Election of Burgeffes for the faid Borough of Maidfton, is a void Election. 27. Refohed, That no Warrant do iffue, during this Seffion of Parliament, for the making out a new Writ for jthe electing BurgefTes for the laid Bo- rough of Maidfton. 28. Refohed, That Gervas Hely is guilty of in- direct and corrupt Practices, in order to the pro- curing Members to be elected to ferve in Parlia- ment for the faid Borough of Maidfton. 29. Ordered, That the faid Gervas Hely, be, for his faid Offence, taken into Cuftody. Martis, 1 die Februarii^ 1708. 30. Refohed, That it appears to this Houfe, that Mr. William Burflem is guilty of Bribery and indi- rect Practices, &c . 3 1 . Ordered, That the faid Mr. William Burflem be, for his faid Offences, taken into Cuftody of the Serjeant at Arms attending this Houfe. Sabbati, 1 8 die Junii, 1J15. 32. Refohed, That it appears to this Houfe, that Simon Gcugh is guilty of diftributing Money in ( U3 ) In order to procure Paul Foley, Efq; to be elefted a Burgefs to ferve in this prefent Parliament for the prefent Parliament for the Borough of Weobly in the County of Hereford. 33. Ordered^ That the faid Simon Gough be, for his faid Offence, taken into the Cuftody of the Ser- jeant at Arms attending the Houfe. JoviSy 4 die Februarii, 1724^' 34. The Houfe proceeded (according to Order) to take into Confideration the Matter of the Com- plaint (made to the Houfe the twenty-third Day of January laft) that there had been fome undue Prac- tices in relation to the compromifing the Election for the Borough of Stafford, before the Merits of the faid Election were heard before the Committee of Privileges and Elections. And feveral Witneffes were called in and exa-' mined at the Bar; and then they withdrew. Refohed, That it appears to this Houfe, that divers indirect and corrupt Practices have been ufed in order to compromife the Election for the Bo- rough of Stafford, before the fame was heard be- fore the Committee of Privileges and Elections. 25> Refolved, Nemine contradicente, That it ap- pears to this Houfe, that Francis Elde, Efq; (a Member of this Houfe) has been guiky of the faid indirect and corrupt Practices, highly reflecting upon the Honour and Juftice of Parliament. 36. Refolved, Nemine contradicente, That the faid Francis Elde, Efq; (a Member of this Houfe) be, for his faid Offence, expelled this Houfe. Sabbat i, 8 die Martii, 1728. 37. Refolved, Nemine contradicente, That the Agents for Ellerker Bradjhaw, Efq; have been guilty of notorious and fcandalous Bribery and Corrup- 1 tion, ( H4 ) tion, in order to procure the faid Mr. Brad/haw, to be elected a Burgefs to ferve in this prefent Parliament for the Borough of Beverly (in Com. Ebor.) 38. Ordered, That John Eleanor, one of the faid Agents, be, for his faid Offence, committed Pri- fbner to his Majefty's Goal of Newgate ; and that Mr. Speaker do iflue his Warrant accordingly. The like Orders upon 'Three others of the faid Agents. 39. Hitherto, under this Title, the Reader has met Variety of Infiances, in what Detefiation Bribery has been held, and with what Severity punifhed by many different Houfes of Commons. Sabbati, 2 Aprilis, 4 C. 1. 1628. 1. Refohed, That the Commonalty in general {of the Borough of Bridport in Com. Dorfet) ought to have Voices in the Election of Burgeffes for Parliament. 2. Refolved, That it is a void Election, in re- fpect of the want of Warning to the Commonalty, Martis, 15 die, Apr His, 173^5. i. Upon a Bearing for Briftol, thefe Pieces of Evi- dence were produced as to the Right of Eleclion, viz. A Charter of E. 3. to the Burgeffes of the Town of Brifiol, 8 Auguji 40. E. 3, Part read. Copies of feveral Returns, &c. Copy of Letters Patents. 4to Junii. 34 H. 8. Copies of other Returns. Charter to the Mayor and Commonalty of the Town of Briftol, 17 December, 15 H. 7. Part read. Charter to the Burgeffes of Briftol, 28 May 28 E. 1. Part read '. The t "5) The Ufage of the City and County, in the Eleo] tion of feveral Officers was examined to. Martis, 22 die Apr His, 1735. 2. The Petitions were withdrawn, and the Ordeij for the further Hearing difcharg'd. Martis, 1 1 die Novembris, 1 690. 1 1. Refolved, That the Right of Election of Bur- geffes to ferve in Parliament for the Borough of Buckingham (in Com. Bucks) is in the Bailiff and twelve Burgeffes of Buckingham only. Martis, 2 7 die Aprilis, 17 14. 2. Refohed, That John Mufcott is not qualified according to the Act of Parliament for the well go- verning and regulating of Corporations, to be a prin- cipal Burgefs of the Borough of Buckingham, in the County of Bucks. 3. The like Refolution pajfed againft three more of the fame Place. %uxy &>u ®tmtunft& Martis, 2 7 die Aprilis, 1 7 14.] 1. Refolved, That the Right of Election of Members to ferve in Parliament for the Borough of Bury St. Edmunds in the County of Suffolk, is in the Aldermen, twelve capital Burgeffes, and twenty four Burgeffes of the Common- Council of the faid Borough. Calne, Veneris, 22 die Decembris, 1710. i. Refolved, That the Right of Election of Members to ferve in Parliament for the Borough of Calne, in the County of Wilts, is in the Inhabi- I 2 of ( ii6) tants of the faid Borough, having a Right of Com- mon, and being fworn at Ogborn-Court. Marti s, 25 die Februarii, 1723. 2. Refolved, That the Right of Election of Bur- gefles to ferve in Parliament for the Borough of Calne, in the County of Wilts, is in the ancient Bur- gefies of the faid Borough only. 3. Refolved, That the Right of returning Bur- geifes to ferve in Parliament for the Borough of Calne, in the County of Wilts, is in the Guild-Ste- wards of rhe faid Borough. 'o' Martis, 19 die Apr Ms, 1743. Ordered, That Mr. Speaker do iffue his Warrant to the Clerk of the Crown, to make out a new Writ for the electing of a Burgefs to ferve in this prefent Parliament for the Borough of Calne, in the County of Wilts, in the room of Lieutenant Colonel William Elliot, who, fince his Election for the faid Bo- rough, hath accepted the Office of one of the Equerries to his Majefty. Mart is, 24 die Februarii, 1746. A Complaint being made to the Houfe, at the Requeft ol the BurgefTes of the Borough of Calne, in the County of Wilts, that an undue Attempt had been made to influence them, in giving their Votes for a Member to ferve in Parliament for the faid Borough, by the Promife of 1 500 /. to be de- pofited in a Banker's Hands for that Purpofe, to be fpent, or distributed, as the major Part of the Elec- tors fhall think proper. And a Letter figned W. Liverland, and dated London, January 13, 1746, directed to Mr. Wil- liam Hale, and brought to him, as the Houfe was informed, by Mr. Stephen Hale, (in which Letter that Depofit is promifed for that Purpofe) was brought up to the Table, and read. Ordered, (i'7) Ordered, That W. Liverland do attend this Houfe, on this Day feven- night. Ordered, That William Hale do attend this Houfe upon this Day feven-night. Ordered, That Stephen Hale do attend this Houfe upon this Day feven-night. Note. Afterwards Liverland, not attending, was ordered to be taken into Cuftody, and not being found, a Proclamation, with a Reward for appre- hending him, was publifhed, in purfuance of an Addrefs for that Purpofe. Cambridge* Jovis, 9 die Februarii, 1709. 1. Refolved, That the Right of electing Bur- gefTes to ferve in Parliament for the Town of Cam- bridge, is in the Mayor, Bailiffs, and Freemen not receiving Alms. Veneris, 2 7 die Mai 'i, 1715. 2. Mr. Hampden (according to Order) reported from the Committee, &c. Refolved, That it is the Opinion of this Com- mittee, that the Mayor, Bailiffs and Bnrgeues of the Town of Cambridge, may hold a fummon's Common-day Court, and admit Freemen without fix: Aldermen of the faid Town being then prefent. Refolved, &c. Refolved, Sec. The firft Refolution (viz. the 2d above) being read a fecond Time, and the Queftion being put, that the Houfe do agree with the Committee in the faid Refolution, It paffed in the Negative. Mart is, 13 die Julii, 1742. Ordered, That Mr. Speaker do iffue his Warrant to the Clerk of the Crown, to make out a new I 3 Writ ( ii8 ) Writ for the electing of a Burgefs to ferve in this prefent Parliament for the Univerfity of Cambridge, in the Room of the honourable Edward Finch, Efq; who fince his Election for the faid Univerfity, hath accepted the Office of one of the Grooms of the Bed-Chamber to his Majefty. ftmnetfofo Mar lis, 8 die Maii, 1711. 1. Refolved, That Mr. Edward Cloake is legal Mayor of thfe Borough of Camelj 'or d, in the County pf Cornwall^ and ought to make the Return of a Burgefs to ferve in this prefent Parliament for the faid Borough. Capncttp* See Coroner, Offices, Qualification. Lunx, 21 die Decembris, 1696. 1. Refolved, Nemine contradicente, That Henry "Fairfax, Efq-, having contrary, to the late Act of Parliament, expended Money in order to his Elec- tion, to ferve in this prefent Parliament for the Bo- rough of Aldborough in the County of York, fince the Vacancy thereof by the Death of Sir Michael Wentworth, is difabled and incapacitated upon the faid Election to ferve as a Burgefs for the faid Bo- rough. Mercurii, 27 die Januarii, 1696. 2. Refolved, That during this Seffion of Parlia- ment, no Warrent for a new Writ do ilTue for the electing a Burgefs to ferve in this prefent Parlia- ment for the faid Borough of Aldborough, in the room of Sir Michael Wentworth, Bart, deceafed. 3. Note, In the next Seffion the Houfe did not order a new Writ until the Borough petitioned, acknow- ledging I "9) Jedging, fcte See the Votes, Veneris, 3 die Bee, 1697, and Jovis, 30 die Dec. 1697. y^w, 6 die Mar tit, 1711. 4. The Order of the Day being read, for taking into Confideration the Merits of the Petition of the Freemen, and Free-Burghers of the Borough of King's-Lyrm in the County of Norfolk. And a Motion being made, and the Queftion being put, that Counfel be called in, It pafled in the Negative. 5. Then the Writ for electing a Burgefs for the faid Borough in the room of Robert Walpole, Efq; expelled this Houfe ; and alfo the Sheriff of Nor- folk's. Precept thereupon, and the Indenture of the Return between the faid Sheriff, and the Mayor and Burgelfes of the faid Borough, were read. Refolved, That Robert Walpole, Efq; having been this Seflion of Parliament committed a Pri- foner to the Tower of London, and expelled this Houfe for an high Bfeach of Truft in the Execu- tion of his Office, and notorious Corruption, when Secretary at War, was, and is incapable of being elected a Member to ferve in this prefent Parlia- ment. 6. Refolved, That the late election for a Burgefs to ferve in this prefent Parliament for the faid Bo- rough of King's- Lynn, in the County of Norfolk, is a void Election. Cat&fpm See Qualification. Jovis, 7 die Mali, 1730. . 1. Refolved, That the Burgeffes of the Borough of Tregaron have not a Right to Vote in the Elec- I 4 tion ( 120 ) tion of a Burgefs to ferve in Parliament for the Town of Cardigan. 2. Refolved, That the Right of Election of a Burgefs to ferve in Parliament for the Town of Cardigan, in the County of Cardigan, is in the BurgefTes at large or the Boroughs of Cardigan^ /ibenftwitb, Lampeter and Atpar only. Carmarthen* Martis, 19 die Martii, 1727. 1. Refolved, That the Right of Election of Bur- gefTes to ferve in Parliament for the Borough of Carmarthen is in the BurgefTes of the faid Borough, Sabbat i, 23 die Martii, 1727. 2. Refolved, That the Execution of the Writ for electing a Burgefs to ferve in Parliament for the County-Borough of Carmarthen, and the making a Return thereof, are in the two Sheriffs of the faid borough jointly. Cfjepinn^icom&e, Jovis, 17 die Martii, 1725. 1. Refolved, Nemine contradicente, That it ap- . pears to this Houfe, that in an Entry of BurgefTes made at the Borough of Cheping-Wicombe in the County of Bucks, dated the 20th of May 17 17, there has been an Erazure lately made, and the Name of Captain Pyet inferted, without any legal Authority. 2. Refolved, Nemine contradicente, That it ap- pears to this Houfe, that in an Entry of BurgefTes made at the faid Borough of Cheping-Wicombe, dated the 26th of September 1723, an Erazure has t>een lately made, whereby the Name of Davia) §hilfore i ( 121 ) $bilfore, a Burgefs of trie faid Borough, is erazed. 3. Refolved) Nemine contradicente y That Sampfort tfrejley and John Widiner, who were admitted to vote at the late Election of a Burgefs to ferve in this prefent Parliament for the faid Borough of Cheping- Wicombe (having no Pretence to be Burgeffes of the faid Borough, but under a Charter of King James the Second, which was never accepted or enrolled) have no Right of voting in Elections of Burgeffes to ferve in Parliament for the faid Borough. Cljeffer* 9 die Fehuarii, 1 y^.y. i. Refolved, That the Right of Election for the City of Chejier, is in the Mayor, Aldermen, and Common-Council of the faid City, and in fuch of the Freemen of the faid City not receiving Alms, as (hall have been commorant within the faid City, or the Liberties thereof, for the Space of one whole Year next before the Election of the Citizens, to ferve in the Parliament for the faid City. C&ippenfemn 9 die ApriliSy 1624. 1. Refolved, That the New Charter alters not the Cuftoms ; and that the Burgeffes and Freemen, more than Twelve, have Voice in the Election. Jovis, 28 die Januarii, 1741. On an Hearing. The laft Determination of the Houfe, concern- ing the Right of Electing Burgeffes to ferve in Par- liament for the faid Borough, made the 9th Day pf April \ 1624, (when it was refolved, That the newv ( 122 ) new Charter altered not the Cuftoms, and that the BurgefTes and Freemen, more than twelve, had Voice in the Election) was alfo read. A Motion was made, and the Queftion being put, that in the lafl Determination or this Houfe, of the Right of Election of Members to ferve in Parliament for the Borough of Chippenham in the County of Wilts, made the ninth Day of April, in the Year One thoufand fix hundred twenty-four; which is, " That the new Charter alters not the Cuftoms-, and that the BurgefTes and Freemen, more than twelve, have Voice in the Election," the Words Burgejfes and Freemen, mean only fuch BurgefTes and Freemen, as are Inhabitants, Houf- holders of the ancient Houfes, called Free, or Burgage Houfes within the faid Borough, It paiTed in the Negative. C&rtff-'C&utclK Mercurii, 14 die Julii, 1742, . Ordered, That Mr. Speaker do ilTue his Warrant to the Clerk of the Crown, to make out a new Writ for the. electing of a Burgefs to ferve in this prefent Parliament for the Borough o&Chri ft -Church, in the County of Southampton, in the room of Ed- ward Hooper, Efq; who, fince his Election for the faid Borough, hath accepted the Office of Pay- malter of divers annual Bounties and Penfions, Ctttnceffet* Mart is, 4 die Ncvembris, 1 690. _ 1. Refolved, By the Committed, That the Inha- bitants of the Borough of Grencefter (in Com. Glou- cejier) receiving a charitable Donative, commonly * called ( i*3 ) called By-Money* have not a Right to vote In elec- ting Burgefles to ferve in Parliament. 2. Refohed, That the Inhabitants of the Bo- rough of Cirencejler being Inmates, have no Right to vote in electing Burgefles to ferve in Parliament. Upon the Queftion, the Houfe did not agree unto the firft Refolution, but agreed unto the Second. Jovis, 8 die Decembris, i yog. 3. The Queftion being put, that the Inhabitants of the Abby, the Emery * and the Spiringate-Lane, (not receiving Alms) have a Right to Vote, in electing Members to ferve in Parliament for the jBorough of Cirencejler {Com. Gloucester,) It pafied in the Negative. Cocfcermoutf)* Mar Us, 13 die Julii, 1742. Ordered* That Mr. Speaker do ifiue his Warrant to the Clerk of the Crown, to make out a new Writ for the electing of a Burgefs to ferve in this prefent Parliament, for the Borough of Cocker- mouth in the County of Cumberland, in the room of the honourable William Finch, Efq; who, fince his Election for the faid Borough, hath accepted the Office of Vice-Chamberlain of his Majefty's Houfe- hold. Colc&effer* Sabbati, 28 die Mart ii, 1696. 1. 'The Committee reported, That the Right of Election for Colchefier, in Ejfex, was agreed to be in the fworn Burgefles, not receiving Alms. Sabbat^ ( 124) Sabbati, 27 die Januarii, 17 10* 2. Refohed, That the Mayor of the Borough of Cokhejier in the County of Effex, cannot make Foreigners Free of the faid Borough, without con- fent of the Majority of the Aldermen and Com- mon-Council. Jovis, 6 die Maii, 17 14. 3. Refohed, That the Right of making Foreig- ners (not having a Right of Freedom by Birth or Service) Freemen of the Borough of Cokhejier, in the County of Effex, is in the Mayor and free Bur- gefles of the faid Borough, in Common-Hall af- iembled. Cornet* Veneris, 1 1 die Januarii, 1 694. 1. Refohed, That Jafper Mawdit, Efq; is duly elected a Burgefs to ferve in this prefent Parliament, for the Borough of Liverpool in the County of Lancafter. 2 . Refohed, That Mr. Alexander Norris, Mayor of the Borough of Liverpool in the County of Lan- cafter, having taken upon him to judge, that Jafper Mawdit, Efq; being Coroner of the faid Borough, was uncapable to be elected a Burgefs to ferve in Parliament (altho' duly chofen) and having made a falfe Return of Thomas Brothsrton, Efq; to ferve as a Burgefs for the faid Borough, hath therein violated the Rights of the Commons of England, and broken the Privileges of this Houfe. 3. Refohed, That the faid Alexander Norris, for the faid Mifdemeanor, be fent for in Cuftody of the Serjeant at Arms attending this Houfe. ( 125 ) Coffs and e*pettce& See Petition vexatious; Sabbat i, 9 die Martii, 1699, 1. A Petition of Thomas Hawkfly and Rogef Hunt, Overfeers for the Poor of Nottingham, was prefented to the Houfe and read, praying, that they may be relieved for their Charges in coming to Town, their Expences here, and returning home, being fummoned to attend the Committee of Privileges and Elections by George Gregory, Efq-, Petitioner againft Robert Sacheverel, Efq-, Ordered, That the laid Mr. Gregory do pay the Petitioners their reafonable Charges, to be fettled by the Chairmen of the faid Committee. Sabbati, 22 die Martii, 1711. 2. A Complaint being made to the Houfe, that Mr. John Cunningham was fummoned in behalf of Major-General Hamilton to attend the Commit- tee of Privileges and Elections, to teftify his Knowledge touching the late Election of a Mem- ber to ferve in Parliament for the Burghs of Pitten- ween, Anftruther-Eafter, Anftruther-Wefter, Crail, and Kilrenny, that Major General Hamilton refufes to pay him his reafonable Charges for his Journey and Attendance. And a Copy of the faid Sum- mons being brought up to the Table and read, Ordered, That the faid John Cunningham have his reafonable Charges for his Journey, and At- tendance on the faid Committee; and that the fame be afcertained by the Chairman of the faid Com- mittee. Jovis, 8 die Septembris, 1 7 1 5. 4. A Petition of Anne Cater of Eaftozv in the CQunty of Bedford, Widow, John Purton of Kemp- C 126) Jton, James Coot of Eaton Sacon, and Stephen Nor- man of Felmerjham in the County of Bedford, was prefented to the Houfe, and read, praying that they may be relieved for their Charges in coming up and flaying in Town (being fummoned up as Wit- nefTes by John Harvey, Efq;) to attend the hearing the Merits of the Election for the County of Bed- ford, at the Bar of the Houfe, they having defired him to give them reafonable Satisfaction, which he .hath refufed to do. Ordered, That the faid Mr. Harvey do pay the Petitioners their reafonable Charges, to be fettled by Mr. Speaker. Martis, 1 8 die Junii, 1 7 1 7. 5. A Petition of Thomas Prowfe, Steward of the Manor of Minehead, in the County of Somerfet, was prefented to the Houfe and read, complaining that he was required by Warrant from Mr. Speaker, to permit George Speke, E% or his Agents, to infpect the Court-Rolls, and other Records of the faid Manor, and to take out fuch Copies and Notes therefrom as they mould think fit, and to attend this Houfe the thirteenth Inftant with the faid Court-Rolls, and Records ; and that he did pro- duce the faid Court-Rolls, and did appear and was examined : but that the faid Mr. Speke's Agent re- fufeth to give him reafonable Satisfaction for the fame ; and praying that he may be relieved therein. Ordered, That the faid Thomas Prowfe be paid his reafonable Charges to be fettled by Mr. Speaker. Martis, 24 die Februarii, 1701. 1. Refolved, That the Freemen of Coventry re- ceiving Alms or Charity, have no Right to vote in the ( i2 7 ) the Election of Citizens to ferve in Parliament fo$ the City of Coventry. Martis, i die Martii, 1708. On a Hearing. 2. A Book being produced (alledged to be 3 Book of the Company of Fullers in the City) to prove that they are a Company or Corporation within the faid City. A Motion being made, and the Queftion being put, that the faid Book be received as Evidence. It pafied in the Negative. 3. Refolved, That the Right of electing Citi- zens to ferve in Parliament for the City of Coventry 7 is in fuch Perfons who have ferved Apprentice- fhips for feven Years within the City, to one and the fame Trade, not receiving Alms or conftant Charities. 4. The Petitioners Council proceeding in order to difqualify feveral of the Sitting Member's Votes, upon account of their having received Parifh Cha- rities ; and the Sitting Member's Council infilling, that they have not been able to make any Difcovery of what Perfons (on the Petitioners part) have re- ceived the Charities of the Sacrament Money and Bread-Money, fo as to make Objections to the Pe- titioners Votes, upon that Account, the Minifter and Church-wardens, alledging, they kept no Ac- count of the fame, and WitneiTes being examined in relation to that Matter. A Motion being made and the Queftion being put, that the Petitioners Council be admitted to give Evidence to difqualify any of the Sitting Members Votes, upon account of receiving Sa- crament-Money, or Bread-Money. It palled in the Negative. 5. A ( 128 ) 5. A Motion being made, and the Queftiorl being put, that Perfons receiving Sir Thomas White's Gift, are thereby difabled from giving their Votes in electing Citizens to fcrve in Parlia- ment for the City of Coventry, It palled in the Negative. Jovis, 3 die Martii, 1708. 6. A Motion being made, and the Queftion put, that Perfons receiving Thomas Wheatly's Gift, are thereby difabled from giving their Votes in electing Citizens to ferve in Parliament for the City of Coventry. It pafied in the Negative. Jovis, 1 3 die Mar Hi, 1 7 1 1 . 7. Refolved, That the Members of the Company of Fullers of the City of Coventry, being Freemen, not receiving Alms, or weekly Charity, have a Right to Vote in the Elections of Members to ferve in Parliament for the faid City. 8. Refolved, That fuch Freemen of the City of Coventry, as do not receive Alms or weekly Cha- rity, and have ferved feven Years Apprenticefhip within the faid City, or the Suburbs thereof, have a Right to vote in the Elections of Members to ferve in Parliament for the faid City. Luna, 19 die Novemhris, 1722. 9. Refolved, That the Sitting Member's Counfel be admitted to give Evidence touching the Qualifi- cation of fuch Perfons as have a Right to Vote in the Elections of Citizens to ferve in Parliament for the City of Coventry. Martis* ( 129 ) Mart is, 20 die Novembris, 1722. 10. Refolved, That the Right of Election of Citizens to ferve in Parliament for the City of Co- ventry, is in fuch Freemen as have ferved kven Years Apprenticefhip to one and the fame Trade in the faid City or the Suburbs thereof, and do not receive Alms or weekly Charity, fuch Free- men being duly fworn and enrolled. Martis, 22 die Martii, 1736. On a Hearing. 11. The next foregoing Refolution (of 20th No- vember 1722,) was read-, and alio The {landing Order of 16th January, 1735, for reftraining Counfel from offering Evidence touch- ing the Legality of Votes contrary to the laft De- termination of the Houfe of Commons. See Title Riots, of this Date. CricMate* Sabbat i, 22 die Februarii, 1695. 1. The Committee reported, That it was agreed that the Right of Election for the Borough of Cricklade {in Com. Wilts) was in the Freeholders, Copyholders, and Leafeholders, for not .Jefs than three Years. 2. There is not in the printed Votes of that Bay any mention of the Right of Election : But there is a Refolution, That the Petition of the Burgefles com- plaining of an undue Election for the faid Borough is vexatious, frivolous, and groundlefs. k Dartmouth ( *3Q } Dartmouth, alias CkTton=Dartmautfj!i)att!ttcr^ Jovis, 21 die Nov embris, 1689. 1. The Committee reported, that it appeared the Right of Election for the Borough of Dart- mouth alias Clifton-Dartmouth -Hardnefs {in Com. Devon.) was in the Freemen of the faid Borough. 2. Refched, Nemine contradicente, That twenty- five new Freemen, made after the Writ bore Tejle, were not duly nor legally made, agreed to by the Houfe. 3. Ordered, That Mr. Whitrow, the late Mayor, be taken into Cuftody for his Mifdemeanors in making the faid Freemen. Martis, 25 die Novembris, 1740. The Houfe being informed that Sir Watkyn . Williams Wynn, Bart, a Member of this Houfe, hath accepted the Office of Steward of his Majefty's Lord mips and Manors of Bromfield and Tale, in in the County of Denbigh, now come to him on the Death of his Father, Sir V/illiam Williams, Bart, by Virtue of a Grant from Queen Anne ; and that the faid Sir Watkyn Williams Wynn, defired the Opinion of the Houfe, whether his Seat in this Houfe was thereby vacated. And the Houfe being informed, that Mr. Thomas Gilbert attended at the Door, with a Copy of the faid Grant, he was called in, and at the Bar produced the fame. And then he withdrew. And the Copy of the faid Grant, dated the Jfixth Day of April, in the third Year of her faid Ma- jetty's ( W ) jefty's Reign, was read ; whereby the Queen (re- citing a Grant of the faid Office, by KingCharles the Second, to Henry Wynn, Efq-, for his Life •, and after his Deceafe, to his Son, John Wynn, Efq; for his Life ; and alfo reciting the Death of the faid Henry Wynn) granted the faid Office to Sir William Williams, Bart, deceafed, for his Life, to have the faid Of- fice immediatly after the Deceafe of the faid John Wynn ; and alfo to his Son, now Sir Watkyn Wil- liams Wynn, for his Life, for him the faid Watkyn Williams Wynn to have, enjoy, and exercife the laid Office immediately after the Deceafe of the faid Sir William Williams, with an annual Salary of twenty- Pounds, and with all Profits to the faid Office be- longing. And the twenty-fixth Section of an Act made in the fixth Year of the Reign of Queen Anne, in- titled, An /15i for the Security of her Majeflfs Perfon and Government, and of the Succeffion to the Crown of Great Britain in the Proteftant Line, where- by the Election of any Perfon, who being chofen a Member of the Houfe of Commons, fhall accept of any Office of Profit from the Crown, is declared to be void, was alfo read. Ordered, That Mr. Speaker do ifilie his Warrant to the Clerk of the Crown, to make out a new Writ for the electing a Knight of the Shire to ferve in this prefent Parliament for the County of Denbigh^ in the room of Sir Watkyn Williams Wynn+ Bart, who, fince his Election for the faid County, hath accepted the Office of Steward of his Ma* jefty's Lordfliips and Manors of Bromfield and Tale, in the faid County of Denbigh. On an Hearing. Luns, 22 die Februarii, 1741. They examined feveral WitneiTes, and produced Evidence, in order to prove, that the Sheriff of K 2 the ( *3* ) the faid County was guilty of great Partiality, in favour of the fitting Member, by obliterating and interlining an AflefTment of the Land-Tax for the Year 1 740, in which John Jones was rated for his Freehold, and afterwards objecting to his vote at the faid Election, for not being rated for the faid Freehold •, by unneceffarily protracting the Poll ; by objecting to the Votes of many Freeholders, on account of Non-refidence within the faid Coun- ty ; by querying the Votes of feveral Freeholders, •who voted for the Petitioner Sir Watkyn Williams Wynn^ Bart, and admitting, without a Query, the Votes of feveral Freeholders, who voted for the Sitting Member, though liable to the fame Ob- jections •, by querying many Votes upon Sugges- tion only, and fome by private Direction to his Un- der-fheriffi by declaring, at the clofe of the Poll, what Majority appeared for the faid Petitioner, and delivering to each Candidate a Paper, con- taining the Numbers of their refpective Voters, and alio, when a Scrutiny was demanded on the Behalf of the fitting Member, refufing to grant it, becaufe the whole Election had been a Scrutiny ; yet, when a Return of the faid Petitioner was de- manded, refufing then to make it on pretence of Fatigue, and of his doubt concerning the Objec- jection ofNon-refidence, and adjourning the County Court to a certain Time and Place, with Pro- miffes to do the faid Petitioner Juftice, when he had looked into his Notes, and to give him No- tice of the Return ; yet afterwards, before the Day of Adjournment, privately, and without fuch No- tice, making a Return of the fitting Member, though, if all the queried Votes on both Sides had been difallowed, the faid Petitioner had a consider- able Majority. MartiS) C 133 ) Mar (is, 23 die Februarii, 1741. Refolved, That William Myddleton, Efq; High Sheriff of the County of Denbigh at the laft Elec- tion of a Knight of the Shire to ferve in Parliament for the faid County, having taken upon himierr" to return John Myddleton, Efq; as Knight of the Shire to ferve in this prefent Parliament for the faid County, contrary to the Majority of Votes receiv- ed by him upon the Poll, and to his own Declara- tion of the Numbers at the clofe of the Poll, with- out any fubfequent public Examination into the Rights of the Voters, previous to fuch Return, and having afterwards prefumed to alter the faid Poll, in order to give a Colour to fuch Return, has act- ed partially, arbitrarily, and illegally, in Defiance of the Laws, in manifeft Violation of the Rights of the Freeholders of the faid County, and in Breach of the Privilege of this Houfe. Ordered, That the faid William Myddleton, Efq; be, for his faid Offence, committed Prifoner to his Majefty's Gaol of Newgate; and that Mr. Speaker do ifTue his Warrants accordingly. Refolved, That an humble Addrefs be pre- fented to his Majefty, that he will be gracioufly pleafed to give Directions for removing the faid William Myddleton, Efq; from being Receiver- General of the Land Revenue in North Wales, and alfo from being one of his Majefty's Juftices of the Peace for the County of Denbigh, and for the County of Flint. Ordered, That the faid Addrefs be prefented to his Majefty, by fuch Members of this Houfe as are of his Majefty's moft Honourable Privy Coun- cil , K 3 Me curii % ( 134 ) Mercurii, die Februarii, 1741. Ordered, That the Refolution of this Houfe of Yefterday, that William Myddleton, Efq-, High Sheriff of the County of Denbigh, at the laft Elec- tion of a Knight of the Shire to ferve'in Parliament for the faid County, having taken upon himfelf to return John Myddleton, Efq; as Knight of the Shire to ferve in this prefent parliament for the faid County, contrary to the Majority of Votes receiv- ed by him upon the Poll, and to his own Declara- tion of the Numbers at the Clofe of the Poll, with- out any publick fubfequent Examination into the Rights of the Voters, previous to fuch Return, and having afterwards prefumed to alter the faid Poll, in crder to give a Colour to fuch Return, has a<5ted partially, arbitrarily, and illegally, in Defiance of the Laws, in manifeft Violation of the Rights of the Freeholders of the faid County, and in Breach of the Privilege of this Houfe, be humbly laid be- fore his Majefty by fuch Members of this Houfe as are of his Majefty's moll Honourable Privy- Council, at the fame Time that they prefent to his Majefty the Addrefs of this Houfe, Yefterday re- folved to be prefented to his Majefty, that he will be gracioufly pleafed to give Directions for remov- ing William Myddleton, Efq-, from being Receiver- General of the Land Revenue in North Wales, and alfo from being one of his Majefty's Juftices of the Peace for the County of Denbigh, and for the County of Flint. Jovis, 25 die Februarii, 1741, Mr. Comptroller reported to the Houfe that his Majefty had been attended with the Refolution and Addrefs of this Houfe relating to William Myddle- fon, Efq-, and that his Majefty had commanded him, ( '35 ) him to acquaint this Houfe, that his Majefty will give Directions for doing what is dcfired by thi$ Houfe. Luna, \i die Apr His, 1742. A Petition of William Myddleton, high Sheriff of the Shire of Denbigh, was prefented to the Houfe, and read ; fetting forth that the Petitioner was, on the twenty-third Day of February, ordered by this Houfe, to the Cuftody of the Keeper of his Ma- jefty's Gaol of Newgate, and did, the next Day, in confequence of fuch Order, furrender himfeif to the Serjeant at Arms, attending this Houfe, and was immediately carried to the laid Gaol, where he has remained in clofe Confinement ever fince, whereby his Health has been much impaired ; and that fuch Confinement, longer continued, may be the Means of indangering his Life ; and that the Petitioner is extremely forry, and humbly begs Pardon for having given Offence to this Houfe ; and therefore praying the Houfe to take the Pre- mises into Confideration, and that the Petitioner may be difcharged out of Cuftody. Ordered, That the faid William My ddlet on, Efq; committed Prifoner by this Houfe, to his Majefty's. Gaol of Newgate, upon Tuefday, the twenty-third Day of February laft, be brought to the Bar of this Houfe to-morrow Morning, in order to his being difcharged out of Cuftody ; and that Mr. Speaker do hTue his Warrants accordingly. Marlis, 7 die Felruarii, 1 743. Ordered, That Mr. William Nock and Mr. Ro- bert Dyrr, Clerks of the Secretary of the Commif- fioners of the Stamp-Duties, do immediately at- tend this Houfe with the Book, or Books, belong- ing the Stamp-Office," wherein the lmprefiions of K 4 the ( '3« ) the feveral Stamp-Duties entered, in order to the producing of the laid Book or Books, at the Hear- ing of the Matter of the Petition of Arthur Trevor, Efq; and the feveral Perfons whofe Names are thereunto fubfenbed, feverally complaining of an undue Election and Return for the Borough of Denbigh^ in the County of Denbigh -, the Matter of which Petitions is appointed to be heard at the Bar of this Houfe, this Day. Refohed, That the Right of Election of a Bur- gefs to ferve in Parliament for the Borough of Den- bigh, in the County of Denbigh, is in the Burgefles, Inhabitants, of the Boroughs of Denbigh, Ruthyn, and Holt, refpectively. , Note, This Hearing lafted many Days, and the Evidence, Objections, &c. on both Sides, mentioned in the printed Votes, amount to many Pages, which we thought too volumi- nous for our prefent Purpofe, as no fpecial Refolution was made; the Whole concluding only with a general Refolution, that the fitting Member was duly elected. Lun*e, i die Martii, \ 74 1 . Ordered, That Mr. Speaker do ilTue his Warrant to the Clerk of the Crown, to make out a new "Writ for the Electing of a Burgefs to ferve in this prefent Parliament for the Borough of Derby, in the County of Derby, in the Room of the Right Honourable James Cavendifh, Efq-, commonly call- ed Lord James Cavendijh, who fince his Election far the faid Borough, hath accepted the Office of Auditor of all foreign Accounts or Imports, within the Kingdom of Ireland. C i37 ) Sabbat i, 29 die Martii, 1690. t. A double Return for the Borough of Devizes (in Com. Wilts) one by the Mayor without any Bur- geffes joining in the Return; the other by leveral of the Burgefles without the Mayor. Refolved, That Sir 'Thomas Fowles and Walter Grubby Efq-, returned by the Mayor, are duly re- turned to ferve in this prefent Parliament for the Borough of the Devizes. Mart is, 13 die Ju Hi, 1742. Ordered, That Mr. Speaker do ifiue his Warrant to the Clerk of the Crown, to make out a new- Writ for the Electing of a Burgefs to ferve in this prefent Parliament for the Borough of Devizes, in the County of Wilts, in the Room of Francis Eyles, Efq; who, fmce his Election for the faid Borough, hath accepted the Office of Superintendant of his Majefty's Founderies. £>o#Ijeffer> Mart is, 17 die Maii, 1720. 1. Refolved, That that Part of the Parifh called the Holy Trinity, alias Dorchefter Trinitatis, which was formerly the Parifh of Froome Whitfield, is no Part of the Borough of Dorchefter in the County of Dorfet. 2. Refolved, That the Tithing of Collirigton Row, within the Parifh of the Holy Trinity, alias Dor- chefter Trinitatis, is no Part of the Borough of Dorchefter in the County of Dorfet. Mercurii, ( *S* ) Mercurii, 18 die Martii, 1720. 3. Refolved, That the Right of electing Bur- gelfes to ferve in Parliament for the Borough of Dorchejler in the County of Dorfet, is in the Inha- bitants of the faid Borough, paying to Church and Poor, in refpecl of their perfonal Eftates •, and in fuch Perfons as pay to Church and Poor, in refpecl: of their real Eftates within the faid Borough. 4. And Thomas Pitman, the Mayer, was ordered into Cuficdy for illegal and arbitrary Practices at the Ekolion. Martis, 1 die Apr His, 1 679. 1. The Writ was directed, Conftahulario Cajlri Dover ac Cuftod quinque Portuum vel ejus Locumte- nenti ibidem -, indorfed thus, Executio ijlius £ 'rev is patet in quibufdam Schedulis huic Brevi annex. — Re- fponfw Johannis Strode Arm. Locumtenentis Domini Regis Cajlri Dover, &c. To the Writ was affixed, 1. A Precept made by the faid John Strode, Efq; to the Mayor, Jurats, and Commonalty of the Town and Port of Dover, cVc. to choofe two Ba- rons, which Precept was endorfed thus-, Executio ijlius mandati patet in quadem Indentura huic Pracept. annfx. per Major. Jurat. £2? Communitat. Ville &? Port, de Dover pradiff. in Ccmitatu predict. There was alio affixed to the laid Writ an Inden- ture between the faid John Strode of one Part, and the Mayor, Jurats and Commonalty of Dover of the other Parr, witnefling that they had chofen William Stokes and Thomas Papillicn, Efqrs-, iyc. in witnc'fs whireof they had caufed their Common Seal to be affixed thereto •, and accordingly a large Seal was affixed to the faid Indenture. i There C 139 ) There was alfo affixed to the faid Writ a Writ- ing purporting an Indenture, but made between no Body ; witneffing, that the Mayor, Jurats, and JSarons of the Town and Port of Dover , in a full Hundred there j that is to fay, George Weft, De- puty-Mayor, J. V. and A. W. Jurats, Five of the Common-Council, and Ten others fliled Barons of the faid Port, have chofen Thomas Papillion, Gent, and John Strode, Efq; our Common -Barons : In Witnefs whereof We, the Mayor, Jurats, and Ba- rons of the Port aforefaid, have put our Hands and Seals. It was fubfcribed by George Weft, Deputy- Mayor, and Seventy others, and eighteen Seals affixed at the Bottom •, but no great or common Seal to it, or mentioned fo to be. Refolved, That the Indenture wherein William Stokes, Efq-, and Thomas Papillion, Efq; are re- turned, &c. is well and duly returned, and by the proper Officer ; and thereupon they ought to fit as duly returned, to ferve in this Parliament for the faid Town and Port of Dover, Martis, 1 1 die Novembris, 1 690. 1. Refolved, That the Right of electing Bur* gefles to ferve in Parliament for the Borough of Droiiwicb, (in Com Worcefter) is in the BurgefTes of the Corporation of the Salt-Springs of Droit- ivi(b. Dumbarton* Sabbat i, 23 die Januarii, 1724. 1. Refolved, Nemine contradicente, That any Conveyance of undivided Shares of the Superiority ©f any Lands in the Shire of Dumbarton, in order to ( MO ) to multiply Votes, or fplit an Intereft in fuch Su- periority amongft feveral Perfons, with a View to enable them to vote, is contrary to the Act of Parliament made in Scotland, in One thoufand fix hundred and eighty -one, intitled, An Acl con- cerning the Eleclion of Commijfwners for Shires. 2. Refolved, Nemine contradicente, That no Per- fon claiming a Right by Purchafe to an undivided Part of the Superiority, of any Lands where the Extent of the Lands, of which he claims the Su- periority, is not particularly fpecified, and the Land diftinguifhed by the Charter by which he claims a Vote, has any Right to vote in the Elec- tion of a Commiflioner to ferve in Parliament for the Shire of Dumbarton. ©ttttfoldj* Mart is, 8 die Decembris, 1 69 1 . 1. Refolved, That the Right of Election of Bcrr- gefTes to ferve in Parliament for the Borough of Dunwich in the County of Suffolk, is not in the Freemen of the faid Borough, commonly called Outfitters, as well as in the Freemen inhabiting within the faid Borough. 2. Refolved, That the Right of Election of Bur- gefles to ferve in Parliament for the Borough of Dunwich, is only in the Freemen inhabiting within the faid Borough. Luna, 25 die Novembris, 1695. 3. Refolved, That the Right of Election of Bur- gefles to ferve in this prefent Parliament for the Borough of Dunwich in the County of Suffolk, is in the Freemen of the faid Borough commonly called Out-fitters, as well as in the Freemen inhabiting within the faid Borough. Sabhati* ( HI ) Sabbatic 5 die Februarii, 1708. 4. Refohed, That the Right of Election of Bur- gefles to ferve in Parliament for the Borough of Dunwicb, (in Com. Suffolk) is only in the Freemen inhabiting within the faid Borough, not receiving Alms. Caff-^mffeatu hurt a, 7 die Aprilis, i6yg. 1. Refohed, That the Borough of Eafi-Grinftead, la the County of Suffex, is an ancient Borough by Prefer iption. 2. Refohed, That the Inhabitants, as well as the Burgage-holders of the faid Borough, have Right to vote in Elections of Members to ferve in Parliament for the faid Borough. Jovis, 9 die Februarii, 1695. 3. Refohed, That the Right of Election of Bur- geffes to ferve in Parliament for the Borough of Eafi Grinflead, is not in the Burgage-holders and Inhabitants of the faid Borough. 4. Refohed, That the Right of Election of Bur- gefies to ferve in Parliament for the faid Borough is in the Burgage-holders only. Luna, 18 die Januarii, 1741. Ordered, That Mr. Speaker do iflfue his Warrant to the Clerk of the Crown to make out a new Writ for the electing of a Burgefs to ferve in this prefent Parliament for the Borough of Eafi Grinflead in the County of Suffex, in the Room of the Right Ho- nourable Charles Sackville, Efq; commonly called Earl of Middlefex, who fince his Election for the laid Borough, hath accepted the Office of Head Steward ( H2 ) Steward of his Majefty's Honour at Otford 9 in the County of Kent. Martis, 1 5 die Afrilis, 1 70 i . 1. Refolved, That the Right of electing Mem* bers to ferve in Parliament for the Borough of Eaft-Retford, in the County of Nottingham, is as well in the Burgefles non-refident, as in the Bur- gefles refident within the faid Borough* Agreed to by the Houfe. Martis, 17 die Martii, 1701- 2. Refolved, That the younger Sons of Freemen of the Borough of Eaft-Retford, (in Com. Notting- ham) have not a Right to demand their Freedom of the faid Borough. Sabhati, 28 die Novembris, 1702. 3. Refolved, That Perfons not inhabiting in the Borough of Eaft-Retford, in the County of Not- tingham, are incapable of being made Free of the faid Borough by Redemption. 4. Refolved, That all the Sons of Freemen of the Borough of Eaft-Retford, have a Right to the Freedom of the faid Borough. Jovis, 17 die Januarii, 1705. 5. Refolved, That the Right of ele&ing Bur- gefles to ferve in Parliament for the Borough of Eaft-Retford, in the County of Nottingham, is in fuch Freemen only, as have a Right to their Free- dom by Birth, as eldeft Sons of Freemen, or by ferving feven Years Apprenticefhip, or have it by Redemption, whether inhabiting, or not inhabiting in ( 143 ) in the faid Borough at the Time of their being made Free. Jovis, 1 1 die Januarii, 1 7 1 o. 6. Refohed, That the Right of electing Bur- geflfes to ferve in Parliament for the Borough of Eaji-Retford, in the County of Nottingham, is in fuch Freemen only, as have a Right to their Free- dom by Birth, as eldeft Sons of Freemen, or by, ferving feven Years Apprenticefhip, or have it by Redemption, inhabiting in the faid Borough, ac the Time of their being made Free. eminence* See Witnesses. Jovis , 16 die Januarii, 1695. Hertford County. 1. Refolved, That Evidence ought not to be ad- mitted to difqualify an Elector as no Freeholder who at the Election fwore himfelf to be a Free- holder. Jovis, 16 die Januarii, 1695. On a Petition for the County of Surry. 2. Refolved, That Evidence ought not to be admitted to difqualify an Elector as no Freeholder, ■who at the Election fwore himfelf to be a Free- holder. On a Hearing concerning an Election for Abingdon. Jovis, 20 die Januarii, 1708. 4. A Motion being made, and the Queftion being put, that John Holmes (one of the Serjeants of C 144 > of Abingdon) be now admitted to give Evidence ; It paiTed in the Negative. Martis, 8 die Februarii, 1 708. 5. Refoked, That John Soley, Efqj being named Recorder in the new Charter granted by her Ma- jefty to the Town of Bewdly (in Com. Worcester) be admitted an Evidence to prove the Acts of the Corporation before that Charter was granted. Martis, 1 6 die Januarii, 1 7 1 o. On the Hearing of the Merits of the Election for the County of Rutland. 6. Refolved, That the Petitioner be admitted to give Parole Evidence of the Mortgage of a Mort- gagee in PofTeflion of Lands for which the faid Mortgager voted againft the Petitioner without producing the Mortgage Deed. Sabbati, 20 die Januarii, 1 7 1 o. On further Hearing for the County of Rutland. 7. . Refolved, That John Taylor, being produced as a Witnefs, by the fitting Member, be examined by the Petitioner, when his Annuity (tht Freehold for which he voted) was granted. 8. The Queftion being put, that Samuel Freeman be admitted to prove his voting at the faid Elec- tion, contrary to the Poll then taken by the Sheriff ; It paHed in the Negative. Sabbati, 10 die Januarii, 1710. 9 Refolved, That the Decree of a Baron-Court be admitted to be read, as Evidence to prove the fitting Member's PofiefTion of thofe Lands for which he voted at the Election of the Shire of Kin- rofe, ( H5 ) yvfs, though it was not produced when the Queftion, was made to his Pofielfion. io. The Queftion being put> That the fitting Member was duly qualified to vote in the Election for the Shire of Kinrofs, It pafied in the Negative. ii. The Queftion being put, That the Peti- tioner do produce the Tranfcript of feveral Writ- ings by him produced at the faid Election ; Jt pafied in the Negative. 12. Refohed, That the Petitioner was duly qua- lified to vote in the Election for the Shire of Kin* rofs. Mortis , 13 die Februarii, 17 10. 13. At the Hearing of the Election for Dum- fries, The Queftion being put, that the Petitioner be at liberty to call a Witnefs as to Matters preceding the Election, which were in general objected at the Election, It pafied in the Negative. Jovis, 2 9 die Aprilis, 1 7 1 4 . 14. At hearing the Merits of the Election for the Burghs of Anftruther Wejier, &c. The Petitioner's Counfel producing a Wiiting as the Minutes of the Election of a Commifiary ac Pettenweem, figned by a publick Notary in the A fa- ience of the Town-clerk to be read •, and it being objected to by the fitting Member's Counfel, &c. Refolved, That the Extracts of the Minutes of the Magistracy and Town-counfel of Pittenweem, upon their choofing a Commifiioner for the faid Borough, be read as Evidence, though not figned by the Town-clerk of the faid Borough, but by a Clerk chofen in his Abfence by the faid Magif- L crates trates and Town -counfel upon the faid Election, and though no Evidence has been given, that the Town-clerk refufed to give an Extract of the faid Minutes. Sabbati, 7 die Maii, 1715. 15. On the further Hearing the Merits of the Election for the Borough of Bridport in the County of Dorfet, Refohed, That the Petitioner be admitted to give Evidence in relation to the Partiality of the Bailiff at the late Election of Members to ferve in Parliament for the Borough of Bridport. 16. Mr. Arthur Pain being called -, The Petitioner's Counfel objected againft his being examined, for that he had been charged by the Petitioner's Evidence with having (as Agent for Mr. Strangewqys} diftributed Money and Corn- to Voters. And the Queftion being put, that the Counfel for the fitting Member be admitted to examine Arthur Pain, touching William Pierce's being of full Age at the Time of the laft Election for the Bo- rough of Bridport ; It parTed in the Negative. 17. The Counfel for the fitting Member exa- mined feveral WitnefTes in relation to Wheat given by the Family of Strangeways, whether the fame was an ufual Charity, as they infilled, or Bribery, as the Petitioner's Counfel infilled ? And John Tucker being called to be, &V. And the Queftion being put, that Tucker hav- ing been concerned in the distributing of Wheat to the Inhabitants of Bridport, before Chrijimas laft,. be admitted to be examined as a Witnefs in this Caufe, It paffed in the Negative* Mortis* ( H7 ) Mart is, 28 die J 'unity 1715. 18. The Houfe (according to Order) proceeded in the further Hearing the Merits of the Election for the County of Bedford, and the Counfcl on both fides were called in; and the Petitioner's Counfel calling a Witnefs to prove that one of the fitting Members Voters had no Eftate in the Pa- rifli where his Freehold is fet down on the Poll, the fitting Member's Counfel objected againft the giving fuch Evidence, the Voter having fworn he had an Eftate there. Refolved, That the Counfel for the Petitioner be admitted to give Parole Evidence as to a Perfon's being no Freeholder, who fwore himfelf to be a Freeholder at the Time of the Election. Jovis, 30 die Junii, 17 15. 19. The Houfe proceeded in the farther Hear- ing the Merits of the Election for the County of Bedford; and the Petitioner's Counfel proceeded farther to examine WitneiTes (in order to difqualify Voters for the fitting Members) to fome, as to their not being rated to any Taxes, to others as to their not having any Eftate in the Place they voted for, and to others as to their Eftates being Copyholds ; and afterwards the Petitioner's Counfcl acquainted the Houfe, that they had Objections to many other Voters for the fitting Member, in regard they did not pay to the publick Taxes in fuch Proportion as other Eftates of forty Shillings per Annum, in the fame Place as the Acts or the tenth and twelfth of Queen Anne direct, and defired the Directions of the Houfe, whether they (hould go into fuch an Examination, and of what Nature the Evidence fhouid be. L 1 And ( I4» ) And the Act of the tenth Year of her late Ma- jefty, intitled, An Aft for the more effectual prevent- ing frandulent Conveyances, in order to multiply Votes for Knights of Shires to ferve in Parliament j and alfo, An Act of the twelfth Year of her faid late Majefty was read, for explaining the faid Aft, as far as the fame relates to. the ascertaining the Value of free- holds of forty Shillings per Annum, were read. And a Motion being made, and the Queftion being put, that where any Perfon pays to the King's Tax, Church, or Poor's Rates, and has fworn to the Value of his Freehold, fuch Freehold being in his own PofTeffion, that this Houfe will proceed unto the Confideration, whether fuch Free- hold is aflefTed to the faid Taxes and Rates in fuch proportion as other Lands of forty Shillings per Annum, within the fame Parifh or Townfliip, are charged to the fame, It parTed in the Negative. Sahbati, idiejulii, 1715. 20. On the further Hearing the Merits of the Election for the County of Bedford, the fitting Member's Counfel producing a Paper, as the Rate for the Land-tax in the Year One thoufand kven hundred and fourteen, for the Parifli of Potton, to prove that one of the fitting Member's Voters had been rated thereto for the faid Year -, the Petition- er's Counfel objected againft the fame, it not being figned by the AffefTors, or Commiffioners, but only by the Collectors for the Land-tax; and the fitting Member's Counfel infifting upon it being read ; And the Queftion being put, that a Paper in- tied, Potton Land-tax of two Shillings in the Pound for One thoufand fiven hundred and four teen (although not ( H9 ) not figned by the Affeflbrs or Commifiioners for the Land-tax) be read as Evidence j It paffed in the Negative. Jovis, 1 4 die Julii, 1 7 1 5 ; 21. On the farther Hearing the Merits of the Eection for the County of Bedford — The Queflion being put, that the Counfel for the fitting Member be admitted to examine Ed- ward Kemp t to prove that William Reynold voted otherwife than he is fet down upon the Sheriff's Poll, It paffed in the Negative. Lun*, 24 die Februarii, JJiJ* 22. Upon the Hearing for Minehead. The Petitioner's Counfel proceeded and exa- mined a Witnefs, one John Viccary, upon the Head of Bribery, who gave Evidence that Thomas Wick- land had confeffed to him that he had received half a Guinea for his Vote : Upon which the fitting Member's Counfel infifted, that the find Thomas Wickland mould be called in to confront the laid Viccary. And he was called in ; and the faid Viccary gave his Evidence before the faid Wickland, upon which the fitting Member's Counfel infifted, that the faid Wickland^ fhould be examined in relation to the Diicourfe that the faid Viccary alledged to have paffed between them ; which the Petitioner's Counfel oppofed. Refolved, That Thomas Wickland be examined in the prefence of John Viccary, in relation to the Difcourfe that the faid Viccary alledged to have pafiid between them two, relating to the Money faid ro be confeffed to be given to the laid Wickland by the fitting Member for his Vote. L 3 23. Re- t 15° ) 23. Refoked, That Jofeph Alloway, having been charged to have been a Diftributer of Bribes, be examined as a Witnefs in this Caufe. Veneris, 23 die J 'unit , 172 1. The Houfe (according to Order) proceeded to hear the Matter touching the Election for the Bo- rough of Whitchurch, in the County of Southamp- ton \ and the Counfel on both fides were called in, and the Petition of John Couduit, Efqj complain- ing of an undue Election and Return for the faid Borough, was read. And the Petitioner's Counfel producing a Copy of the Poll taken at the Election, which was deli- vered to the Petitioner's Agent by the Mayor of the faid Borough as a Copy of the Poll ; but was not examined with the original Poll by the Perfon to whom the fame was delivered by the Mayor. The fitting Member's Counfel objected to the faid Copy's being admitted as Evidence ; and the Counfel of both Sides were heard thereupon ; and then the Counfel were directed to withdraw. Refoked, That the Papers offered by the Coun- fel for the Petitioner as a Copy of the Poll taken at the late Ele£tiqn of a Burgefs for the Borough of Whitchurch, in the County of Southampton, which was delivered to the Petitioner's Agent by the Mayor of the faid Borough, as a Copy of the Poll taken at the faid Election, be admitted as Evi- dence. Jovzs, 5 die Martii y 1 729. Upon the Hearing for Liverpool. The Petitioner's Council proceeded to give Evi- dence touching the Neglects and Refufals by the Mayors (for three Years laft) to hold Common- councils (in order to the admitting Freemen) ac- cording { i5i ) carding to the Antient Ufage of the Borough, and they produced one of the Record-books of the Bo- rough, and an Entry therein of an Order made at anAflembly held the firft Day of May, One thou- fand fix hundred and feventy-nine, (appointed the firft JVednefday in every Month to be a Council- day) was read ; and feveral WitnefTes were examin- ed as to the frequent Callings of Common-councils formerly, and as to the Ufage obferved in admit- ting of Freemen, and alfo to undue Proceedings of the Mayor at the laft Election ; and his withdraw- ing himfelf from the Place of Polling before he had taken the Votes of feveral Perfons who claimed to be admitted to vote for the Petitioner. And Henry Orme being called, and examined, and producing a Lift taken by him, of divers Perfons who gave their Votes for the Petitioner, after the Mayor had left the Place of Polling, Refohed, That the Papers produced by Henry Orme, containing a Lift taken by him of Perfons who voted for the Petitioner, after the Mayor had left the Place of Polling, be admitted as Evidence of fuch Perfons voting. Mar its, i\ die Martii, 1729. Liverpool. 26. Refolved, That Mr. Richard Houghton be ad- mitted to give Evidence of Perfons having declared to him, that they would have voted for the fitting Member, if any who were not fworn Freemen had been allowed to vote. Veneris, 16 die J anuarii, 1735. 27. Ordered, That the Counfel at the Bar of this Houfe, or before the Committee of Privileges and Elections, be reftrained from offering Evidence touching the Legality of Votes for Members to L 4 ferve ( 152 ) ferve in Parliament for any County, Shire, City, Borough, Cinque-port or Place, contrary to the lait Determination in the Houfe of Commons, which Determination, by an Aft pafled in the fecond Year of his prefent Majefty's Reign, intitled, An Aft for the more effeftual preventing Bribery and Cor- ruption in i be Election of Members to ferve in Parlia- ment, is made final to all Intents and Purpofes whatfotver, any Ufage to the contrary notwith- ftanding. 28. Ordered^ That the faid Order be a (landing Order of the Houfe. Martis, 10 die Februarii, 1735. On a Hearing for Southwark. 29. A Motion was made, and the Queftion be- ing put, that the Counfel for the Petitioner be ad- mitted to examine Perfons who voted at the laft Election of Members to ferve in Parliament for the Borough of Southwark, to prove that they voted otherwife, than they were fet down to do upon the Bailiff's Poll. It pafled in the Negative, Nemine contradicente. 30. N. B. There were read en this Occafion two Refolutions, out of the Journals, viz. twentieth Day cf January, One thoufand feven hundred and ten, in the Cafe of Samuel Freeman, on a Hearing for Rutlandshire, and fourteenth Day cf July, One thoufand feven hundred and fifteen, in the Cafe of Edward Kemp, on a Hearing for Bedfordfliire : They are both to the Effeft of the foregoing Refolution. Jovis, 12 die Februarii, 1735. On the further Hearing for Southwark. 31. A Motion was made, and the Queftion be- ing put, That the Petitionees Counfel be admitted to ( *5B ) to examine Thomas Gaman, to prove his having re- ceived a Bribe to give his Vote for the fitting Member ; the faid Thomas Gaman having at the Time of the Election taken the Oath, which by the Act for preventing Bribery and Corruption in the Election of Members to ferve in Parliament is ap- pointed, if demanded, as therein is mentioned to be taken by Perfons having, or claiming to have, a Right to vote at Elections of Members to ferve for the Commons in Parliament ; It pafied in the Negative. Martis> 23 die Februarii, 1735. On a Hearing for Yorkfhire. 32. Refolved, That Books called the Original Poll- books of the laft Election of Members to ferve in Parliament for the County of Tork produced by Robert Appleton, Deputy-clerk of the Peace for the Eafl: Riding of the faid County, and which were delivered over to him by the High Sheriff of the faid County in open Court, at the Quarter SeMions of the Peace of the faid Riding, about two Months after the faid Election, as the original Poll taken at the faid Election, and which have been kept by him the faid Deputy-clerk of the Peace ever fince, among the Records of the Seflions of the Peace for the faid Riding, the faid Books not being delivered over by the faid Sheriff within the Time, nor upon Oath, as required by the Act of the tenth Year of the Reign of" the late Queen (for the more effectual preventing fraudulent Conveyances, in order to multi- fly Votes far electing Knights of Shires to ferve in Par- liament) be admitted as Evidence. Jovis % ( 154) Jovis, 26" die Februarii, 1735* On the further Hearing for Yorklhire. 33. Refolved, That the Counfel for the Peti- tioners be admitted to give Parol Evidence, as to a Perfon being no Freeholder at the Time of the Election, who fwore himfelf then to be a Free- holder. 34. N. B. Before the foregoing Refolution paffedy thefe following Journals were read, viz. Of the feventeenth Day of April, 4to C. 1. touch- ing an Election for Yorklhire, and Refolutions there- upon. Of the feventeenth , Day of January, One thoufand feven hundred and ten, in the Cafe of the County of Rutland. And of the feventeenth Day of April, One thoufand feven hundred and thirty -five, in relation to the Parol Evidence given againfi the fitting Member's Qualifica- tion, in the Cafe of the Borough of Wendover. Mart is, 2 die Martii, 1735. Upon the further Hearing for Yorklhire. 35. Refolved, That the Counfel for the Peti- tioners be admitted to give Evidence as to what a Voter confefled of his having no Freehold, who at the Election fvvore he had. 36. N. B. Before the foregoing Refolution pajfed, the following Journals, &c. were read, viz. Journal of the fifteenth Day of April, One thou- fand feven hundred and thirty -five, in the Cafe of the County 0/ Northumberland, And the Refolution of the twelfth Day of February lafi (fupra) relating to Thomas Gaman. 37- &* ( *55 ) 27- Refohedy That the Counfcl for the Petiti- oner's be admitted to give Evidence as to a Per- fon's having no Freehold at all, to whom the Pe- titioners objected in their Lift of Objections, that fuch Perfon had not a Freehold of forty Shillings per Annum. Jovis, 22 die Aprilis, 1736". 38. Upon the further Hearing for Yorkfhire. The Counfel for the Petitioners fummed up their Evidence ; by which they altedged, That they had difqualified feveral Perfons as not being afleffed to the publick Taxes, Church- Rates, and Parifh-Du- ties j — others, as having no Freehold in the Place where they fwore that their Freeholds did lye ; and of them, feveral as having no Eftate at all, — as being School matters, — Parifti-Clerks, — Curates, — Hofpital-men, — Leafe-holders and Copy-hol- ders j others as not having Freeholds of forty Shil- lings^ Annum ; — as being Minors; — as having purchafed their Freeholds within one Year before the Election ; — as having been influenced to vote by Threats-, — as having voted twice; — one, as being an Alien ; and others whofe Votes appear upon the Poll, though there are no fuch Perfons either in the Places where they fwore their Free- holds did lye, or in the Places where they fwore that their abode was. 39. Tho* the next foregoing Paragraph be not a Re- folulion, but an Enumeration by Counfel (collected by Mr. Speaker) of Objections againfi Berfons voting as Freeholders , yet, 'tis conceived it may be of Ufe, to help the Memory en Elections for Counties, Sec. jFKltt ( i5«) iflmt Mart is, 21 die Maii ', 1728. 1. Refohed, That the Right of Election of a Burgefs to ferve in Parliament for the Town of Flint, in the County of Flint, is in the Inhabitants of the Boroughs of Flint, Rhydlan, Overton, Caer- ways, Caergurky, paying Scot and Lot. 2. Refolved, That the Inhabitants of Knolton and Overt on- Foreign, paying Scot and Lot in the Parifh of Overton, have a Right to vote in the Election of a Burgefs to ferve in Parliament for the Town of Flint . Jovis, 24 die Mart ii, 1736. 3. On a Hearing for the Borough of Flint. The laft Determination of the Honfe, concerning the Right of electing a Burgefs to ferve in Parlia- ment for the faid Borough, made the twenty-firft Day of May, 1728, was read, And alfo The (landing Order made upon the fixteentfi Day of January, 1735, for reftraing Counlel from offering Evidence touching the Legality of Votes contrary to the laft Determination of the Houfe of Commons. Marti s, 5 die Apr His, 1737. On a further Hearing. 4. A Motion was made, and the Queftion be- ing propofed, That the Inhabitants of the feveral Boroughs of Flint, Rhydland, Caerways, Caergur- ley, and Overton (including Knolton, and Overton- Foreign) renting Lands or Tenements for which the ( *57 ) the Landlords thereof, only pay Scot and Lot, have a Right to vote in the Election of a Burgefs to ferve in Parliament for the Borough of Flint, in the County of Flint. And the previous^Queftion being put, that that Queftion be now put ; It pafTed in the Negative. Mart is, ig die Aprilis, 1737. 5. On the further Hearing. The Counfel for the fitting Member — examin- ed feveral Witnefles touching the Occafion of ex- amining upon Oath into the Qualification of the Electors, and of protracting the Poll, and touch- ing Threats and abufive Language offered to the returning Officers, and an Aflault upon one of them, and the Declaration of the Number of Votes, and the Demand of a Scrutiny, and the Manner of declaring the Majority, and other Tranfactions at and after the faid Election. And the Record of Nifi Prius upon an Informa- tion profecuted againft Richard Williams, Clerk, for the faid Aflault upon John Roberts, one of the Returning Officers, being produced •, the Verdict of the Jury, by whom the faid Richard Williams was convicted of the faid Aflault, was read. Jovis, 28 die Aprilis 1737. 6. On a further Hearing. i Refolved, That Sir George Wynn, Bart, (the fit- ting Member) is duly elected a Burgefs to ferve in this prefent Parliament for the Borough of Flint, in the County of Flint. feneris, ( i5») Veneris, 19 die Martii, 1 741.' 7. On a furl her Hearing. RefoJvcd, That the Counfel for the Petitioners be admitted now to proceed to {hew, that the Inha- bitants of the feveral Boroughs of Flint, Rhydlan, Caerways, Caergurley, and Overton (including Knol- ton and Overton-Foreign) renting Lands or Tene- ments for which the Landlords thereof, only pay Scot and Lot, have not a Right to vote in the Election of a Burgefs to ferve in Parliament for the Borough of Flint, in the County of Flint. The Counfel were again called in; and Mr. Speaker acquainted them with the faid Refolution. Then the Counfel for the Petitioners were heard, in order to fhew, that fuch Inhabitants have not that Right. And the Counfel for the fitting Member were heard by way of Anfwer, and examined feveral "WitnefTes, in order to fhew, that, by the Ufage of the faid Borough, fome Landlords of Tene- ments are rated, and pay for Tenements occupied by their Tenants, and that Tenants have a Right to vote, and have voted, in the Elections of a Mem- ber to ferve in Parliament for the faid Borough. And the Counfel for the Petitioners having re- plied ; the Counfel on both Sides were again di- rected to withdraw. A motion was made, and the Queftion being put, that the Inhabitants of the (everal Boroughs of Flint, Rhydland, Caerways, Caergurley, and Over- ton (including Knolton, and Overt on-Foreign,) rent- ing Lands or Tenements, for which the Land- lords thereof, only pay Scot and Lor, have a Right to vote in the Election of a Burgefs to ferve in Parliament for the Borough of Flint, in the County of Flint. It paffed in the Negative. JF0tnep« 4 ( '59 ) Luna, $ die Maii, 1701.' I. Refolved, (by the Committee) That the Right of electing BurgefTes to ferve in Parliament for the Borough of Fowey in the County of Cornwall, is ia the Prince's Tenants who are capable of being Port- reeves of the faid Borough, and in fuch Inhabi- tants of the faid Borough only as pay Scot and Lot. // does not appear by the printed Votes that the Houfe agreed to this Refolution. ig. The Journal. jFreeiwm of election^ See Alms, Bribery, Offices, Riots, Treating. Veneris, 3 die Mart ii, 1698. 1. Refolved, That the Proceedings of William Hucks, Efqj (in prefuming to make ufe of the Au- thority of the Government to the Borough of Abing- don, in order to be elected a Burgefs for the faid Borough) is a fcandalous Reflexion upon the Go- vernment, and tends to fubvert the Freedom of Elections of Members to ferve in Parliament. 2. Ordered, That the faid William Hucks > Efq; be taken into Cuftody. Mercurii, 18 die Novembris, 1702. 3. Refolved, Nemine contradicente, That Sir John Packington has, by Evidence, fully made out the Charge which he exhibited againft the Lord Bifhop of Woreefter. 4. Refolved, Nemine contradicente, That Sir John Packington has, by Evidence, fully made out the Charge ( i6o ) Charge againft Mr. Lloyd, the faid Lord Bifhop's Son. 5. Refolved, That it appears to this Houfe, that the Proceedings of William Lord Bifhop of Wor- cejler, his Son and his Agents, in order to the hindering the Election of a Member for the County of Worcejler, have been malicious, unchriftian, and arbitrary, in Violation of the Liberties and Privi- leges of the Commons of England. 6. Refolved, That an humble Addrefs be pre- sented to her Majefty, that me will be gracioufly pleafed to remove William Lord Bifhop of Wor- cejler, from being Lord Almoner to her Majefty. 7. Ordered, That the faid Refolution and Ad- drefs be prefented to her Majefty, by fuch Members of this Houfe as are of her Majefty's moft honour- able Privy-Council. 8. Ordered, That Mr. Attorney General- do pro- fecute Mr. Lloyd, the Lord Bifhop of Worcejlefs Son, for his faid Offences. Mercurii, 25 die Novembris, 1702. 9. Ordered, That the Evidence given at the Bar of this Houfe, upon the Charge of Sir John Pack- ington againft William Lord Bilhop of Wcrcejler and Mr. Lloyd his Son, be printed -, together with the Proceedings of this Houfe thereupon. 10. Ordered, That the Clerk's Book in relation to the faid Evidence be examined ; and that Mr. Speaker do take care of the Printing of the faid Evidence and Proceedings, Sabbati, 1 7 die Martii, 1 7 1 o. 11. Refolved, That Edward Tijfard Mayor of the faid Borough Cof Weymouth and Melcombe Regis in Com. Dcrfet) is guilty of feveral arbitrary and il- legal ( i*i ) legal Practices, in the late Election of Members to ferve in Parliament for the faid Borough. 12. Ordered^ That Edward Tijfard, Mayor of the Borough of Weymouth and Melcombe Regis, in the County of Dorfet, be taken into the Cuftody of the Serjeant at Arms attending the Houfe, for the faid arbitrary and illegal Practices. 13. On Monday the 2id of April following he was brought to the Bar, reprimanded on his Knees , *nd difcharged, paying his Fees. 14. And on the id of May, 171 1, the like Votes were repeated concerning him on another ElecHon. Mercurii, 14 die Martii, 1710. 15. Refohed, That it appears to this Houfe, that William Lord Bifhop of CarliJle, hath difperfed fe- veral Copies of a Letter, pretended to have been received from Sir James Montague (Member of this Houfe) in order to procure Sir James Montague to be elected a Citizen of the City of CarliJle, reflec- ting on the Honour of her Majefty ; and by con- cerning himfelf in the faid Election, hath highly infringed the Liberties and Privileges of the Com- mons of Great Britain. Jovis, 17 die Martii, 1725. 1 6. Refolved, Nemine coniradicente, That it ap- pears to this Houfe, that Mr. Richard Shrimpton, Mayor of the Borough of Cheping-Wicombe in the County of Bucks, has been guilty of divers arbi- trary, illegal, and partial Proceedings at the late Election of a Burgefs to ferve in this prefent Par- liament for the faid Borough of Cheping-Wicombe, in Violation of the Freedom of Elections of Mem- bers to ferve in Parliament. 17. Ordered, That the laid Richard Shrimpt on be, for the faid Offences, committed Prifoner to the M Prifon ( *** ) Prifon of Newgate ; and that Mr. Speaker do iffue his Warrant accordingly. 1 8. Refohed, That Edward Marfial having prefumed to read the Proclamation againft Riots, while the BurgefTes of the Borough of Cheping- Whombe in the County of Bucks were legally af- fembled, by Virtue of his Majefty*s Writ for electing a Burgefs to ferve in this prefent Parlia- ment for the faid Borough, without having fufB- cient Authority fo to do, is guilty of an high In- fringement of the Freedom of Elections. 19. Ordered^ That the faid Edward Marjhal be, for the faid Offence, taken into the Cuftody of the Serjeant at Arms attending this Houfe. Jovis, 27 die Februarii, 1700. Upon a Hearing. 10. Refohed, That Mr. Edward Martyn, Mayor of the Town and Port of Winchelfea, is guilty of Threats and indirect Practices, in order to procure an Election of Members to ferve in this prefent Parliament for the faid Town and Port of Win- chelfea. He was ordered into Cuftody. 21. Ordered^ That no Writ do ifliie this SeiTion for electing, &c. 22. And an Addrefs was refohed on. 'That the King would order Mr. Martyn to be turned out of his Employment in the Cuftcms. Which was done accordingly, as appears by the Fetes, 3 Martii, 1700. Martis, 1 3 die Julii, 1 742. Ordered, That Mr. Speaker do iflue his War- rant to the Clerk of the Crown, to make out a new ' » " Writ ( 1*3 ) Writ for the electing of a Burgefs to ferve in this prefent Parliament for the Borough of Grampound t in the County of Cornwall, in the room of Daniel Bovue, Efq; who, fince his Election for the faid Borough, hath accepted the Office of Commiflary General of the Mutters. Jovis, n die J anuarii, 1710. 1. Refolved, That the Right of Election of Members to ferve in Parliament for the Borough of Grantham, in the County of Lincoln, is in the Free- men of the faid % Borough not receiving Alms or Charity. ^attmcft. Mar l is, 6 die Apr His, 17 14. 1. Refolved, That the Right of Election of Bur- gefifes to ferve in Parliament for the Borough of Harwich, in the County of EJJex, is in the Mayor, Aldermen, and capital BurgeflTes, or Headbo- roughs of the faid Borough refiding withia the faid Borough. S)aflemere* Jovis, 9 die Februarii, 1698. 1. The Right of Election for the Borough of Hajlemere, in Com. Surry, was agreed to be in the Freeholders refident within the Borough. i\ die Apr His, 1755. 2. Refolved, That in the laft Determination of the Houfe, of the Right of Election for the faid Borough of Haflemere in the County of Surry, made M a the ( 1 64 ) the twentieth Day of May, in the Year One thou- fand fix hundred and fixty-one, which is as follow- eth, viz. " That the Inhabitant Freeholders there have only Voice in Election." By the word, " Freeholders," is meant only Freeholders of Meftuages, Lands, or Tenements, lying within the Borough and Manor of Haftemere, whether the lame pay Rent to the Lord of the faid Borough and Manor or not, exclufive of any Lands or Tene- ments which are, or have been Parcel of the Wafte Ground of the faid Borough and Manor, or any MelTuages or Buildings which are, or fhall be, ftanding or being thereon. Veneris, 20 die Januarii, 1698. 1 . Refolded, That the Right of Election of Mem- bers of Parliament, for the Port of Haftings in the County of Suffex, is in the Mayor, Jurats and Free- men refident, and not receiving Alms, only. Jovis, 1 die Apr His, 1742. 2. Ordered, That Mr. Speaker do ilTue his War- rant to the Clerk of the Crown, to make out a new Writ for the electing of a Baron to ferve in this prefent Parliament for the Port of Haftings, in the County of .Suffex, in the Room of Andrew Stone, Efqj who, fince his Election for the faid Port, hath accepted the Office of Secretary of the Ifland of Barbadces. $a&erfosi4©e& Luna, ^diejulii, lj\5- 1. Refolved, That the Proceeding of the Mayor and Common-Council of the Town of Haverford* fVeJi ( 1 65 ) Weft in making BurgefTes without the Confent of the Commonalty, was illegal, and contrary to the Rights of the faid Town ; and that the BurgefTes fo pretended to be made, have not thereby ac- quired any Right of voting in any future Elections. $ertft& Mortis, 2y die Januarii, 1701. 1. Refolved, That the Right of electing Mem- bers to ferve in Parliament for the Borough of Hertford, is not in fuch Perfons only as are Inha- bitants, Houfholders of the faid Borough not re- ceiving Alms, and in fuch Freemen, who, at the Time of their Freedom granted to them, were In- habitants of the faid Borough, or of the Parifhes thereof. 2. Refolved, That the Right of electing Mem- bers to ferve in Parliament for the Borough of Hertford, is in all the Freemen, and alio in all the Inhabitants, being Houfholders, and not receiving Alms. Jovis, 6 die Decemiris, 1 705. 3. Refolved, That the Right of electing Bur- gefTes to ferve in Parliament for the Borough of Hertford, is in the Inhabitants not receiving Alms, and in fuch Freemen only, as, at the Time of their being made Free, were Inhabitants of the faid Bo- rough, or the Parifhes thereof ; the Number of the Freemen living out of the Borough, not exceeding three Perfons. [See the Votes of the Day following, where this Re- petition is thus printed.'] m 3 tymm* ( 166 ) Jeanne:* See Evidence. In the Seffions of the Tears One thoufand Seven hundred and /even- eight, and of One thoufand Seven hundred and eight -nine, the Hearings for Eleclionswere ordered to be at the Bar of the Houfe, and divers fianding Orders were made Sabbati, the twenty -fir ft day of February, One thoufand Seven hundred and feven, for ballot ting upon fuch Quejlions : but on the fifteenth of November, One thoufand Seven hundred and nine, the former Method by Commit its, was re- fumed. Luna, 1 8 die Marti i, 1727. 1. Refolved, That in all Cafes on double Re- turns, where the fame fhall be controverted, either at the Bar of this Houfe, or in Committees of Pri- vileges and Elections, the Counfel for fuch Perfon who fhall be firft named in fuch double Return, or whofe Return fhall be immediately annexed to the Writ or Precept, fhall proceed in the firft Place. Ordered, and declared, That the faid Order be a (landing Order of the Houfe. See 4. 2. Mart is, 8 die J unit, 17 14. The Houfe being informed, that (in relation to the Election for the Borough of Harwich, in the County of Effex, the Merits of which Election is to be heard To-morrow in the Afternoon, before the Committee of Privileges and Elections) the Sol- icitors for the Petitioner and fitting Member had but yefterday delivered to each other, Lifts of fe- veral Perfons Names, whom they intend to object againft, upon account or their not being qualified according to the Corporation Act, and that the Satisfaction of them will require fomc Time. Orderedy ( i*7 ) Ordered* That it be an Inftrudtion to the faid Committee, that they 60 put off the hearing the- Merits of" the faid Election until To-morrow fcven- night. See Monmouth. 1. 3. Veneris 1 \6 die January 1735. Refilved, That in all Cafes of controverted E- lections for Counties in England and Wales to be heard at the Bar of this Houfe, or before the Com- mittee of Privileges and Elections, the Petitioners do, by themfelves or their Agents, within a con- venient Time to be appointed either by the Houfe, or the Committee of Privileges and Elections, as the Matter to be heard mall be before the Houie or the laid Committee, deliver to the fitting Mem- bers or their Agents, Lifts of the Perfons intended by the Petitioners to be objected to, who voted for the fitting Members •, giving, m the faid Lifts, the feveral heads of Objection, and diftinguilhing the fame againft the Names of the Yoters excepted to; and that the fitting Members do, by themfelves, or by their Agents, within the fame Time, deliver the like Lifts, on their Part, to the Petitioners, or their Agents. [The above was not a Jlanding Order.] 4. JoviSy 2 3 die Mar tit \ 1J3J' On a Hearing for New-Windfor, On a double Return. The Counfel for the Petitioner the Lord Vere Beauclerk (the Deputy-Clerk of the Crown attend- ing, according to Order, with the laft Return for the faid Borough ; and the faid Petitioners Return appearing to be immediately annexed to the Pre- cept) proceeded in the firft Place, purfuant to tfre M 4 (landing ( «68 ) Handing Order of the Houfe, made the eighteenth Day of March, Gne thoufand feven hundred and twenty-feven, and were heard. See fee. i. above. i. Mar lis, 3 die Apr His, 1746. Refclved, That the, Right of Election of Bur- geffes to ferve in Parliament for the Borough of Hedon, in the County of Tcrk, is in the BurgefTes of the faid Borough. Jovis, 5 die Februarii, 1 746. Upon the further Hearing for the Borough of Hedcn, the Counfel wee called in, And the Counfel for the Petitioner proceeded in their Evidence, in order to difqualify feveral other Peifons, who voted for the fitting Member at the faid Election, as being influenced by Bribery. And having propofed to examine Witnefles, in order to prove a ConfefTion, made both before and after the faid Election, by William Ellis, one of the faid Perfons, that he, the faid William Ellis, had received a Bribe to vote for the fitting Member. And the Counfel for the fitting Member having objected to the Admifficn of this Evidence, the faid William Ellis having, at the faid Election, taken the Oath appointed by an Act made in the kcond Year of his prefent Majefty's Reign, inti- tuled, An Aft for the more effectual preventing Bri- bery and Corruption in the Elections of Members to ferve in Parliament ; And the Counfel for the Petitioner having made Anfvver to that Objection ; And the Counfel for the fitting Member having replied to that Anfwer ; The Counfel on both Sides were directed to withdraw. The ( 1% ) The Houfe was moved, that the Journal of the Houfe of the twelfth Day of February, One thou- fand feven hundred and thirty-five, might be read, in Relation to the Refolution of the Houfe, in the Cafe touching tbe Election and Return for the Bo- rough of Southwark, in the County of Surry, whereby the Petitioner's Counfel were reftrained from examining Thomas Gaman, to prove his ha- ving received a Bribe to give his vote for the fit- ting Member, the faid Thomas Gaman having at the Time of that Election, taken the Oath re- quired by the faid Act. The Houfe was alfo moved, that the Journal of the Houfe of the eighteenth Day of January, One thoufand feven hundred and forty-four, might be read, in Relation to the Proceedings of the Houfe in the Cafe, touching the Election and Return for the Borough of Great- Marlozv, in the County of Bucks ; when the Counfel for the Petitioner pro- pofed to prove, that a Perfon, who voted for the fitting Member, had been induced to give his Vote both by Threats and Promifes, and propoied to prove that Fact by Evidence of the Confeffion of that Perfon. And the faid Journals were read accordingly. The Counfel on both Sides were again called in ; and the Counfel for the Petitioner were directed to proceed in their Evidence. Then a Witnefs was examined, in order to prove the Confeffion of the faid William Ellis, made before the faid Election, that he had received a Bribe to vote for the fitting Member. Then the Counfel on both (Sides were direct to withdraw. They were again called in. And the faid Witnefs was further examined, in order to prove the like Confeflion of the faid Wil- liam El.'is, made after the faid Election. A Motion ( '7° ) A Motion was made, and the Queftion being put, that the receiving of Sacrament- Money does difqualify Perfons to vote in Elections of Members to ferve in Parliament ; It pafied in the Negative, Nemine contradicente* LunfttiiOtt» Jovis, 3 die Apr His, 1701. 1. Refohed by the Committee, That the Right of electing Burgefles to ferve in Parliament for the Borough of Hindon, is in the Bailiff, Burgeffes, and fuch Inhabitants only as pay Scot and Lot. 2. Refolvedy That R. C. Efq; is not duly elect- ed, &V. 3. Refohed, That G. M. Efq-, is not duly elect- ed, &c. The firft Refolution being read a fecond Time. And a Motion being made, and the Queftion being put, That the Houfe do agree with the Committee in the faid Refolution; It paffed in the Negative. The fecond Refolution being read a fecond Time, Refohed, That it be re-committed. 4. Ordered, That the Matter, upon the Recom- mitment, be heard before the Committee of Privi- leges and Elections upon this Day three Weeks. 5. Mortis, 1 3 die Maii, 1 70 r . Refohed, That the Right of electing Burgeffes to ferve in Parliament for the Borough of Hindon, is ( |#* ) is in the Inhabitants of the faid Borough, not re- ceiving Alms. Agreed to by the Houfe. 6. Veneris , 12 die Apr Ms, 1728. • Refohed, That the Right of Election of Bur- gefTes to ferve in Parliament for the Borough of Jlindon, in the County of Wilts, is in the Inhabi- tants of Houles within the laid Borough, being Houfe - keepers and Pariihioners, not receiving Alms. $Qttft0tU Sabbat i, 3 die Februarii, 1710. 1. Refclved, That the Right of electing Mem- bers to ferve in Parliament tor the Borough of Ho~ niton, in the County of Devon, is in the Inhabi- tants of the laid Borough, paying Scot and Lot only. 2. Veneris, 18 die Decembris, 1724. Refohed, That the Right of Election of Bur- gefTes to ferve in Parliament for the Eorough of tloniton, in the County of Devon, is in the Inhabi- tants, Houfe-keepers within the faid Borough, commonly called Rot Wallers, not receiving Alms of the Pariih. rpo$jam* Jovis, 1 6 die Juhii, 1 7 1 5. 1. Refohed, That the Right of Election of Mem- bers to ferve in Parliament for the Borough of Hoi-foam, in the County of Sufjex, is in all fuch Perfons as have an Eftate of Inheritance, or for Life in Burgage-houfes or Burgage-lands, lying within the faid Borough. ( *73 ) Sabbatic 27 die Jannarii, 17 10. 1. Refolved, That it is the Opinion of this Com- mittee, that the Right of Ele&ion of Baronsjto ferve in Parliament for the Town and Port o£ Hyeth, in the County of Kent, is in the Mayor, Jurats, Common-council and Freemen. Agreed to by the Houfe. 3iicljeffer* A fart is, 1 die Apr His, 1679. 1. A double Return for Ilchefier (in Com. So- merfet). Firft an Indenture between the High Sheriff of Somerfet on one Parr, and Sir Edward Philips, Knight, and eight other capital Burgeffes of the other Part, witneifing, that they had chofen Ed- ward Philips and Robert Hunt, Efqrs; in witnefs whereof the faid Burgeffes had put their common Seal. A broad Seal affixed accordingly, and feveral Hands fubfcribed, but the Bailiff is not a Party, nor fubfcribed nor fealed it. Secondly, An Indenture between the faid Sheriff of one Part, and the Bailiff and BurgefTes of the other Part, witneffing, that, &ff. they had chofen William Strode and John Speake, Efqrs; in witnefs whereof the faid Bailiff or his Deputy, together with the Burgeffes, have put their Hands and Seals j there was only one Seal affixed, and over it Thomas Holly ard, Bailiff. On the fame Indenture John Lockyer, George Slade, and on the Back, many Witneffcs, &c. t- Refolved, ( 174 ) Refolved, That the Indenture wherein William Strode, Eiq; and John Speake, Efq; are returned Burgeffes to ferve in this prefent Parliament for the Borough of llcbefter, in the County Somerfet, is well and duly returned, and by the proper Officer, and that thereupon they ought to fit as duly returned to ferve in this prefent Parliament for the faid Bo- rough. 3!nUentef& Mart is, 23 die Oclobris, 1722. 1. The Houfe being informed by two of their Members, that they did fee Alexander Baillie, whom they knew to be the Common-clerk of In- •vernefs (the prefiding Burgh of the Diftricl:) fign and feal an Indenture of Return of Duncan Forbes* Efq; and that one of the faid Members did fee the faid Common-clerk tender the fame to the Sheriff- depute of the Shire of Invernefs ; and that the faid Sheriff refufed to accept the fame : The faid Inden- ture of Return was delivered in at the Table, where the fame was read. Refolved, Nemine contradicente, That the Clerk of the Crown do take off the File the Return figned by Hugh Baillie, the fame not being figned by the Common clerk of Invernefs, being the prefiding Borough at the laft Election of a Burgels of the Diftricl: of Boroughs of Invernefs, Nairn, Forres^ and Fortrofe. 2. Ordered, That the Clerk of the Crown do an- nex to the Writ, the Return figned by Alexander Baillie, the Common-clerk of Invernefs, the prefid- ing Burgh of the faid Diftricl: of Burghs. Robert Gordon, the Sheriff depute,, and Hugh Baillie, were ordered to attend. 3!pttmcjj* Spttricfj. Sabbati, 3 die Februarii, 1710. 1. Refolved, That the Right of Election of Bur- geffes to ferve in Parliament tor the Borough of Ipfwuh, in the County of Suffolk, is in the Bail iffs, Portmen, and Common-council-men;, and Free - men at large, not receiving Alms , Mercurii, 31 die Martii, 1714. 2. Refolved, That Portmen are an efTential co n* ftituent Part of the Gre at Court t or making Free* men of the Borough ot Ipfwlcb \ without lome of which Portmen being prefei^ theijud Court c anT not be held. Jovis, 1 die Aprilis, 1714. 3. A Motion being made, and the Queflion being put, That the Perfons voted Freemen at the pretended Great Co ur ts held in the Corporation o f Ipfwich, t he fifteenth of June, th e feventh of Au- guft, t he t wenty-hfth ot" September , and the twen- t~ y"eighth ot Sep tember, O ne thou f and {even hun - c iFed and eleve n, without any legal Portmen then prefent , were duly" made, and have a Right to vote tor Members t o lerve in Parliament tor th e Bo rough of Ipfwi cb \ It palled in the N egativ e. Martis, 8 die Decembris, 1702. 1. Refolved, That the Right of Ele'clion of Bur- gefies to ferve in Parliament for the Borough of St. Ires, in the County of Cornwall, is in the Inha- bitants ( 176 ) bitants of the faid Borough, paying Scot and Lot. 2. Refohed, That Mr. John Hicks , Mayor of the faid Borough of St. Ives, is guilty of making a falfe Return of a Member to ferve in Parliament for the faid Borough of St. Ives, contrary to the Jaft Determination in Parliament. 3. Ordered, That the faid Mr. John Hicks, be, for his faid Offence, taken into the Cuftody of the Serjeant at Arms attending this Houfe. JLatmceffott* Mart is, 17 die Martii, 1723. 1. Refohed, That the Right of Election of Bur- geffes to ferve in Parliament for the Borough q£ Dunheved, alias Launcejlcn, in the County of Corn- wall, is in the Mayor, Aldermen, and Freemen, being Inhabitants at the Time they were made free, and not receiving Pay of the Parifh. Lima:, 24 die Martii, 1734. 2. Refohed, That the Aldermen of the Borough of Dunheved, alias Launcejlon, in the County of Cornwall, ought to be elected out of the legal Free- men of the faid Borough only. JLeiceffer* Veneris, 8 die Februarii, I 705. 1. Refohed, That fuch Freemen, as were made free at the Charge of any of the Candidates, had not a Right to vote at the lafl: Election of Burgeffes to ferve in Parliament for the Borough oi I cicefier. 2. Refohed, I hat Perfons living in the Borough LeUefter, by Certificate, not having gained a Set- tlement ( l 71 ) tiement by renting ten Pounds a Year, 6r ferving in an annual Office, are not intitled, by paying Scot and Lot, to vote in the Election of Burgeffes to ferve in Parliament for the faid Borough. Leffteafo i. Martis, 18 die Novembris, 1746; The Houfe being acquainted, that no Return had been made into the Office of the Clerk of the Crown, of a Burgefs to ferve in this prefent Parlia- ment for the Borough of Lefkeard, in the County of Cornwall, in the Room of George Dennis, Efqj deceafed, Ordered, That the Deputy -clerk of the Crowrt do attend this Houfe to-morrow Morning, with the Returns from the County of Cornwall, for this prefent Parliament, and likewife with his Docket- Book of Writs and Returns for the Election o£ Members to ferve in Parliament. 2. The Houfe being informed that the Under- meriffof the County of Cornwall, was in Town, Ordered, That the faid Under-fheriff do attend this Houfe to-morrow Morning. 3. The reft of the Proceedings concerning this Re- turn (which are too long for our Plan) are to be found at length in the printed Votes of the next Day. The Cafe briefly was, a Writ had duly iffued, and a Pre- cept bad been made thereon, and duly executed, returned to the Under-fheriff the Indenture by him compared with a Counter -part, which he executed for the Sheriff; the Writ and Return were, at the Under -fheriff*s Requeft, fent by the Town- clerk, by Poft, to the Under-fheriff 's Agent in London, to be conveyed to the'Clerk of the Crown ; but were taken by Robbers, and by them de- Jtroyed: It appeared by the Information of a Member and another Perfon, who were prefent, that Charles N Trelawney, Trelawney, Efq, was defied and returned, the Court- ter-part of the Indenture was produced and read , and flat. 7 H. 4. and Part of 23 H. 6. were read, and thereupon it was Ordered^ Nemine contradicente, That the Deputy- clerk of the Crown do file among the Returns of Members to ferve in this prefent Parliament for the County of Cornwall, the Counter- part of the In- denture executed by the Sheriff of Cornwall, of the Return of Charles trelawney, Efq; to ferve in this prefent Parliament as a Burgefs for the Borough of Lejkeard, in the faid County, in the Room of George Dennis, Efq-, deceafed, as the Return of the faid Charles Trelawney, to Parliament ; it appear- ing to this Houfe, that the Writ and the principal Part of the aforefaid Indenture, were taken away, in coming up to the Clerk of the Crown, by High- waymen,, who deftroyed the fame by burning them. And he filed the fame accordingly. iLefffottfnel* Martis, 20 die Decembris, 1709. i». Refolved, That the Right of electing Bur- geflTes to ferve in Parliament for the Borough of Lejlwithiel, in the County of Cornwall, is in the- Mayor and fix capital BurgefTes, together with the fevtnteen AfTiftants annually chofen, and who had' a. Right to vote at the preceding Election of a. Mayor. Heftier Lun 1698. 2. Refolved, That the Sons of Burgefles of Lud- kw, and thofe that marry the Daughters of Bur- gefles, have a Right to be made Burgefles of th« faid Borough. 3. Re- ( i8i ) 3. Refohed, That every Perfon having a Right to be made a Burgefs of the Borough of Ludlow, ought to demand fuch his Right by Petition, figned by the Petitioner according to the Bye-Law made in the Year One thoufand fix hundred and fixty-three, and not otherwife. JLpmmgtom Martis, 29 die Decembris, 1691. 1. Refohed, That the Corporation of Lymington {in Com. Southampton) is a Corporation by Prefcrip- tion. 2. Refohed, That the Mayor and Burgefles of Lymington only have the Right to elect a Burgefs to ferve in Parliament for that Borough. Martis, 18 die Januarii, 1695. 3. Refohed, That the Right of electing Bur- gefles to ferve in Parliament for the Borough of Lymington, is not in the Mayor, Burgefles, and Commonalty of the faid Borough, paying Scot and Lot. 4. Refohed, That the Right of electing Mem- bers to ferve in Parliament for the faid Borough of Lymington, is only in the Mayor and Burgefles oT Lymington, exclusive of the Commonalty, paying Scot and Lot. Jovis, 11 die J 'anuarii, 17 10. 5. Refohed, That the Right of Election of Bur- gefles to ferve in Parliament for the Borough of Lymington, in the County of Southampton, is not in the Mayor, Burgefles and Inhabitants of the faid Jtorough, not receiving Alms. N 2 6, R+ ( x8a ) 6. Refolved, That the Right of Election of Bur- gefTes to ferve in Parliament for the Borough of Lymington, in the County of Southampton, is in the Mayor and Burgefles of the faid Borough only. Veneris, 20 die Mah\ 1715. 1. Mr. Hampden (according to order) reported, &c. — as follow, viz. Refolved, That it is the Opinion of this Com- mittee, that the Right of Election of Members to ferve in Parliament for the Borough of Maiden, in the County of EJfex, is in fuch Freemen as do not receive Alms, and are intitled to Freedom by Birth, Marriage or Servitude. 2. Refolved, That it is the Opinion of this Com- mittee, that fuch Perfons who derive their Right to Freedom from Honorary Freemen of the Bo- rough of Maiden in the County of EJfex, have not a Right to vote in the Election of Members to ferve in Parliament for the faid Borough. 3. Refolved, That it is the Opinion of this Com- mittee, that Perfons claiming their Freedom by Purchafe, and exercifing Trades within the Bo- rough of Maiden, in the County of EJfex, have not a Right to vote in the Election of Members to ferve in Parliament for the faid Borough. 4. Refolved, That it is the Opinion of this Com- mittee, that John Comyns, Serjeant at Law, having at the late Election of Members to ferve in Parlia- ment for the Borough of Maiden, in the County of EJfex, wilfully refufed to take the Oath of Qualifi- cation, as is directed by an Act of Parliament of the ninth Year of the late Queen, (intitled An Aft for fecuring the Freedom of Parliaments, by the farther qualifying the Members to fit in the Houfe of Commons) though ( 1*1 ) though duly required fo to do, and not having at any Time before the Meeting of this Parliament taken the faid Oath, his Election is thereby void. Here follow two Refolutions of the Committee \ who are duly elected, &c. The faid Refolutions being feverally read a fe- cond Time, and the Queftion being feverally put upon the three firft of the faid Refolutions, that the Houfe do agree with the Committee in the faid Refolutions. It paffed in the Negative. The reft of the Refolutions being feverally read a fecond Time, were, upon the Queftion feverally put thereupon, agreed unto by the Houfe, 33almeglmrp* i. Jovis, 1 8 die Decembris, 1740. A new Writ was ordered for Malmefbury, &c. in the Room of Mr. Earle, who, ftnce his Election, accepted the Office of Clerk of his Majeflfs Ordnance. Luna, 1 3 die Mali, ijij. 1. Refolved, That the Right of Election of Members to ferve in Parliament for the Borough of Marlborough, in the County of Wilts, is in the Mayor and BurgelTes of the faid Borough only. 2. Jovis, 2 j die Mart ii, 1735. The laft Determination of the Houfe made the thirteenth Day of May, One thoufand feven hun- dred and feventeen, concerning the Right of Elec- tion of Members to ferve in Parliament for the faid Borough, which was thereby refolved to be in the N 4 Mayor ( 1*4) Mayor and Burgeffes of the faid Borough only, was read. And the Council for the Petitioners were heard, and having produced a Copy of the Poll taken at the faid Election, they offered to produce Evidence in order to difqualify eleven Burgeffes of the faid Borough, who voted at the faid Election, by con- troverting the Election of Edward Belly one of the Common-council of the faid Borough and Town on which the Right of Election of thofe Burgeffes depended. And the Counfel for the fitting Members having objected to the Admiffion of that Evidence, as contradicting a Verdict and Judgment given in Fa- vour of the faid Edward Bell's Claim, upon an In- formation in the Nature of a Quo Warranto, brought againft him for exercifing the Office of one of the Common-council-men of the faid Borough and Town. A Copy of the Record of the faid Information, Verdict and Judgment, was produced and read. And Copies of feveral Rules of the Court of King's Bench made in that Caufe were alfo produced and read, And the Counfel for the Petitioners were heard, in Anfwer to the Objections made by the Counfel for the fitting JVJembers, and alledged, that a Writ of Error upon the faid Judgment was now pending in Parliament, which the Counfel for the fitting Members admitted. And the Refolution of the Houfe eight February, 7 Ann. concerning Thomas Smith, BailijfofBewd- Jy •, and the Journal of the Houfe, the fifteenth and feven'eenth of April, concerning an Election for Queen- borough, were read. Refolvedy That the Council for the Petitioners be admitted to give Evidence to difqualify the Votes of eleven Burgeffes of the Borough and Town ( i«5 ) Town of Marlborough, by controverting the Elec- tion of Edward Bell to be one of the Common- council of the feid Borough and Town of Marlbo- rough, in contradiction to a Verdict obtained, and a Judgment given upon an Information in the Na- ture of a Quo Warranto brought againft the faid Edward Bell, in favour of his Claim, to be one of the Common-council-men of the faid Borough and Town. , 3. Veneris, 28 die Martis, 1735. After many other Pieces of Evidence given this Day, it was Refolved, That Edward Bell was, before the fe- venth of November, One thoufand feven hundred and twenty-nine, duly elected and fworn a Com- mon-council-man of the Borough and Town of Marlborough. 4. And then two Refolutions faffed in favour of the refpeclive fitting Members, Martis, 2 1 die Decembris, 1 68o." 1. Refolved, That in the Borough of Great Mar- low, in the County of Bucks, thofe Inhabitants only who pay Scot and Lot, have a Right to give Voices in the Election of Burgefles to ferve in this Parliament for the Borough, and 2. Veneris, 21 die Novembris, 1690, fflefame Refolution as above. o« ( i86) 3. Jovis, ij die Januarii, 1744* On an Hearing for Great Marlow. Refolved, That an Inftrument in Writing, of- fered in Evidence by the Counfel for the Petitioner, as the original Will of Elias Simes, bearing date the eighth Day of July, One thoufand feven hun- dred and thirty-eight, and containing a Devife of Lands, and produced at the Bar by John Merchant, as the original Will of Elias Simes ; and which he the faid John Merchant declared, he brought from Doclors Commons, be admitted to be given in Evi- dence, although no Proof be made of the faid Will, by any of the fubfcribed Witnefies thereto. £@!l&0ttttt P0£t Mart is, 8 die Decembris, 1702. 1. Refolved, That the Right of Election of Bur- geffes to ferve in Parliament for the Borough of Milbourn Port, in the County of Somerfet, is only in the capital Bailiffs and their Deputies, in the Commonalty, Stewards, and the Inhabitants there- of, paying Scot and Lot. Martis, 26 die Januarii, 174.1, Ordered, That Mr. Speaker do iffue his War- rant to the Clerk of the Crown to make out a new Writ for the electing of a Burgefs to ferve in this prefent Parliament for the Borough of Milbourn Pert, in the County of Somerfet, in the Room of "Thomas Medlycott, Efq; who, fince his Election for the faid Borough, hath accepted the Office of one of the t Commifiioners for licenfing Hawkers and Pedlars. 2 die ( i»7 ) 2 die Becembris, 1 747. Refolved, That the Execution of the Precept For electing BurgefTes for the Borough of Mil- bourn Port, in the County of Somerfet, and the making the Return thereof, are only in the two Sub-bailiffs of the faid Borough, or in one Sub- Bailiffs of the faid Borough, if there are not two. Jovis, 23 die Maii, 171 7. 1. The Clerk of the Crown attending (according to Order) with the Return for the Borough of Minehead, in the County of Somerfet, The Indenture annexed to the Writ, and re- turned by the Sheriff to the Clerk of the Crown, and the Sheriff's Return endorfed upon the Writ, were read. Then the High-fheriff was called in, and deli- vered in the Receipt which was given him upon the Delivery of the Precept. And the faid Receipt was read, and the High Sheriff examined, and then he withdrew. Afterwards the Under-fheriff was called in and examined ; and then he withdrew. Then John Jones, one of the Conftables of Mine- head, was called in and examined, and he produc- ed two Precepts with Receipts endorfed thereupon, and the two Indentures of Return, which were read, and then he withdrew. Alfo Mr. Blake of Minehead was called in and examined, and then he withdrew. And a Motion being made, and the Queftion being put, that the Merits of the Election, and Re- turn for the Borough of Mnehead, in the County of Somerfet, ( i«8 ) Somerfet, be referred to the Committee of Privi- leges and Elections ; It pafled in the Negative. 2. Refohed, That the Indenture figned by the Burgefies of Minebead, in Return to the Sheriff of the County of Somerfet's Precepts for electing Bur- gefies to ferve in this prefent Parliament for the laid Borough, not being figned by Jobn Jones, one of the faid Burgefies to whom the faid Sheriff caufed his Precept to be delivered, is an undue and inefficient Return. 3. Refohed t That the Indenture figned by the ^id John Jones, and other Burgefies of the faid Bo- ro.ugh of Minebead, and which was tendered to the faid Sheriff, is a due and fufficient Return. 4. Ordered, That the Clerk, of the Crown do take off from the Writ, the Indenture figned by the Burgefies of the Borough of Minebead, in the County of Somerfet, which is not figned by John Jones, one of the faid Burgefies, to whom the Sheriff caufed his Precept to be delivered. 5. Ordered, That the Sheriff of the County of Somerfet, do receive and annex to the Writ the In- denture figned by Jobn Jones, and others the Bur- gefies of the faid Borough of Minebead. 6. Ordered, That Samuel Edwyn, Efq; and Tho- mas Gage, Efq; have liberty to Petition this Houfe in relation to the Election for the faid Borough of Minebead, within fourteen Days next, \( they thipk fit, 7. Jovis, 13 die Junii, 171 7. Refolved, That the Conftables of Minebead are the proper Officers to whom the Precept for elect- ing Burgefies to ferve in Parliament for the Bo- rough of Wineheady in the County of Somerfet, ought ( i«9 ) ought to be delivered, and to whom the Execution of iuch Precept doth belong. 8. Luna, 24 die Februarii, 17 17. Refolved, That the Right of Election of Bur- geffes to ferve in Parliament for the Borough of Minehead, in the County of Somerfet, is in the Parifhioners of Minehead and Dunjier, being Houfe- keepers in the Borough of Minehead, and not re- ceiving Alms. Luna, 8 die Januarii, 1721. 9. A Petition of John Thomas and John Floyd, Conftables of the Borough of Minehead, in the County of Somerfet, was prefented to the Houfe and read, fetting forth, that they are the proper Officers to whom the Precept for electing Burgefles to ferve in Parliament for the faid Borough ought to be delivered, and to whom the Execution of fuch Precept doth belong-, but that at the late Election of a Burgefs to ferve in Parliament for the faid Borough, the High-fheriff caufed the Precept to be delivered to John Viccary and Jofeph Sherry, and hath accepted a Return from them, and tranfmitted the fame to the Clerk of the Crown, in defiance of the Refolution of this Houfe of the thirteenth of June, One thoufand feven hun- dred and feventeen, and did refufe to accept a Re- turn from the Petitioners, though tendered to him by one of the Petitioners in Perfon •, and praying the Houfe to take the PremifTes into Confidera- tion, and give fuch Relief as they fhall think proper. The Journal of the Houfe of the faid thirteenth Day of June, One thoufand feven hundred and feventeen, relating to the Right of returning Mem- ber? ( 19° ) bers to ferve in Parliament for the faid Borough, was read. Ordered, That the Clerk of the Crown do attend this Houfe to-morrow Morning,with the Return of a Burgefs to ferve in Parliament for the Borough of Minehead, in the County of Somerfet, in the Room of James Milner, Efq; deceafed. 10. The Houfe being informed, that John Tho- mas and John Floyde (Petitioners) were attending at the Door with the Return by them tendered to the High-fheriffof the County of Somerfet, Ordered, That John Thomas and John Floyde (Conftables of the Borough of Minehead, in the County of Somerfet) do attend this Houfe to-mor- row Morning, with the Return which was by them tendered to the High-fheriff of the County ox Somerfet. ii. Mar lis, 9 die Januarii, 1721. The Clerk of the Crown attending (according to Order) with the Return of a Burgefs to ferve in this prefent Parliament for the Borough of Minehead, in the County of Somerfet, in the Room of James Milner, Efq; deceafed, the faid Return was read, which was figned by feveral of the BurgefTes of the faid Borough •, and alfo the Precept of the Sheriff directed to the BurgefTes, and Electors of the faid Borough of Minehead was read ; but there was not any Indorfement on the Back of the faid Precept. And John Thomas and John Floyde, (Conftables of the faid Borough) were called in and examined, and then they withdrew. And a Witnefs was examined, who delivered in the Court-Rolls of the Manor and Borough of Minehead, at a Court held Offober the nineteenth, One thoufand feven hundred and twenty-one, where the ( i9i ) the Conftables oF the faid Borough were appointed, and fo much of the faid Rolls as related to the ap- pointing of Conftables was read. And then John Thomas and John Floyde, (Con- ftables of the faid Borough) were called in, and at the Bar delivered in the Indenture of Return,, which was by them tendered to the High-fherifF of the County of Somerfet, after the late Election of a Burgefs to ferve in this prefent Parliament for the laid Borough. And then they withdrew. And the faid Indenture was read. And the Refolution of the Houfe of the thir- teenth of June, One thoufand feven hundred and feventeen, by which it was refolved, that the Con- ftables of Minehead are the proper Officers to whom, the Precept for electing Burgefles to ferve in Par- liament for the faid Borough ought to be delivered, and to whom the Execution of fuch Precept doth belong, was read. Ordered, That the Clerk of the Crown do take off from the File the Indenture figned by John' Viccary, and Jofepb Sherry, and other Burgefifes of the Borough of Minehead, in the County of So- merfet, the fame not being figned by the Conftables of the faid Borough. 12. Ordered, That the Clerk of the Crown do- receive and annex to the Writ, for the electing of a Burgefs for the faid Borough, the Indenture deli- vered into this Houfe by the Conftables of the faid Borough, which was figned by them, and tendered to the High-fheriff of the County of So- merfet. 13. Refolved, That John Viccary and Jofeph Sherry, having prefumed to act as the Returning Officer at the late Election of a Burgefs to ferve in Parliament for the Borough of Minehead, in the County of Somerfet, in defiance of the Refolution of C 192 ) this Houfe, are guilty of a high Crime and Mifde^ meanor. 14. They were ordered into Cuftody, and the High fheriff, and Under-fheriffof the County were ordered to attend. Jovis, 11 die Januar it, 172 1. 1 5. Refolved, That John Fox being employed to carry the Writ for the late Election of a Burgefs to ferve in Parliament for the Borough of Minehead, to the High -fheriff of the County of Somerfet, has been guilty of a Breach of TrUft in delivering the fame to a Candidate. 16. Ordered, That the faid John Fox be, for the faid Offence, taken into the Cuftody of the Ser- jeant at Arms attending this Houfe. Jovis, 1 8 die Januarii, 1 7 2 1 . 17. A Motion being made, &c. that John Wills, Efq-, is guilty of a Crime, in having caufed the Writ for the late Election of a Burgefs to ferve in this prefent Parliament, for the Borough of Minehead, in the County of Somerfet, to be deli- vered to a Candidate ; It paffed in the Negative. 18. A Motion being made, and the Queftion being put, that Sir Richard Lane, Knight, being a Candidate at the late Election of a Burgefs to ferve in this prefent Parliament, for the Borough of Minehead, in the County of Somerfet, is guilty of a Crime in receiving and detaining the Writ direct- ed to the Sheriff for the faid Election j It paffed in the Negative. ^itcfjelU ( *9* ) gtttftfl. Jovis, 1 2 'die Decembris, i6Sgl i. Refolved, That the Right of Election of Bur- geflfes to ferve in Parliament for the faid Borough, X Mitchell in Com. Cornub.) is in the Lords of the Borough, vrho are liable to be chofen Port-reeves thereof, and in the Houfeholders of the fame, not receiving Alms. 2. Mercurii, 12 die Decembris, 1696. The fame Refolutioh agreed to by both Parties, 3. Jovis, 20 die Mar tit, 1700. Refohed, That the Right of Election of Mem- bers to ferve in Parliament for the Borough of Mitchell, in the County of Cornwall, is in the Port- reeves and Lords of the Manor, who are capable of being Port-reeves, and the Inhabitants of the faid Borough paying Scot and Lot. i^OttmdUtf). See frALES. P. 92. 1. Veneris, 26 die Novembris, 1680. Refolved, That the Right of Election of, a Bur- gefs to ferve in Parliament for the Borough of Mon- mouth, doth not belong to the Burgefies, Inhabi- tants of the Borough of Monmouth only. 2. Refolved, That the Burgeffes Inhabitants of the Boroughs of Newport and UJke, in the County of Monmouth, have a Right by vote in the Elec- tion of a Burgefs to ferve in Parliament for the faid feorough of Monmouth. O; 3. Sabbat iy ( m > 3. SaUati, 1 1 die Junii, 1 7 1 5. The Houfe proceeded to the hearing the Matter of the Petition of Andrews JVindfor, Efq-, touching the Election and Return for the Borough of Mon- mouth. The Counfel for the Petitioner infifting to pro- ceed upon the Merits of the Return in the firft Place, which the Counfel for the fitting Member oppofing, and infifting that the Merits of the Elec- tion ought to be proceeded on at the fame time, &c. Refohed, That the Counfel for the Petitioner be directed to proceed upon the Merits of the Election, as well as upon the Merits of the Return for the Borough of Monmouth. 4. Martis, 14 die Junii, 17 15. . The Clerk of the Crown attending with the Re- turn for the Borough of Monmouth, the fame was read, and appeared to be made by the Mayor of Newport, and feveral BurgefTes of Monmouth, New- port and Ufke, without the Precept from the Sheriff of the County of Monmouth being annexed thereto*. Ordered, That the Clerk of the Crown do take the faid Return off the File. And he took the fame off accordingly. And the Houfe being acquainted that the Mayor of Monmouth was in Town with the Return for the faid Borough annexed to the Precept to him di- rected ; Ordered, That the Mayor of the Borough of Monmouth, do forthwith deliver to the Clerk of the Crown the Return (with the Precept annexed) of a Eurgefs to ferve in this prefent Parliament for the faid Borough ; and that the Clerk of the Crown do annex the lame to the Writ returned by the Sheriff of the County of Monmouth, ( *95 ) i. Martis, i die Aprilis, i6yg~. foouhle Return for the Borough of Montgomery. One Indenture between the Sheriff of the County of one Part, and — ■ — Whittingham and Roger Jones, Bailiffs, and many Burgeffes of the other Part, wherein Mr. Matthew Price is returned. Signed by both Bailiffs, and many Burgeffes, and a large Seal againfl the Bailiffs Names, and a Seal to each of the Burgeffes Names. Another between the Sheriffs of one Part, and many Burgeffes of the Borough of Montgomery ; Pool, and Kanvilling of the other Part, whereby Mr. Edward Lloyd is returned. Signed by many Burgeffes, neither of the Bailiffs Hands, nor any Seal at all. Refohed, That the Indenture wherein Matthew Price, Efq; is returned to ferve in this Parliament for the Borough of Montgomery*, is well and duly returned, and by the proper Officers, and that thereupon he ought to fit in this prefent Parliament* as well returned for the faid Borough of Mont- gomery, 1 . Mart is, 1 6 die Aprilis > 1728. Refohed, That the Right of Election of Bur- geffes to ferve in Parliament for the Shire Town of Montgomery, is in the Burgeffes of the faid Shire- Town only. 1. Lkn hampton, in the County of Devon, is in the Free- holders and Freemen, being made Free according to the Charter and By-Laws of t.he faid JBorough. See Bribery, London, Quakers, Scot- land. 1. The Oaths which may be required to be taken at Elections are either to the Competency of the Fortune of the Voter, or of the Candidate ; or to their Loyalty •, or againft Bribery in the Voter, or Returning Officer : The Oaths for this laft Head are to be found under Title Bribery ; the reft are as follow, except for London and Scotland^ which fee. Jcvis, 16 die Decemhris, 170S. 2. Refolved, That Mr. John Huggins, High Bailiff of Wejlmhifier, at the late Election of Citi- zens to ferve in this'prefent Parliament for the City of ' TVeftminjler, has, in Defiance of the Law, arbi- trarily and illegally refu'fed to tender the Oath of Abjuration when required fo to do, and thereby is guilty of a high Crime and Mifdemeanour. 3. Ordered, That the faid Mr. Huggins for his faid Offence be Committed to her Majefty's Prifon gf Newgate, and that Mr. Speaker do iffue his War- rapes for that Purpofe. i. w* ®ffitz$ and employment^ 1. Veneris , 10 die Februarii, 1698. Refolved, That James Ifaackfon, having fines his being elected to ferve in this Parliament, been concerned and acted as a Commiffioner in ma- naging the Duties upon Vellum, Paper and Parch- ment, contrary to the Act made in the fifth and fixth Years of his Majefty's Reign, for granting feveral Duties upon Salt, Beer, Ale, and other JJquors, be expelled this Houfe. And 2. Lun 12 fa Februat ii \ 1710: In the Cafe of Sir William Gifford, Governor of Greenwich-Hofpital, // did not incapacitate him to ft in Parliament purfuant to Stat. 4. Ann. becaufe it appeared en infpetling the Confutation of the faid flofpital that it was before the faid Statute. 10. Sabbati, 17 die Februarii, 1710. A new Election ordered in the Room of the Earl of Hertford, who fince his Election had been appointed Governor of Tinmouth-Fort, 11, Mar lis 1 10 die Aprilis, 171 1. The Houfe proceeded to take into Confideration the Charters of Sir John Anftruther, relating to his heritable Offices in Scotland, defcended to him from his Father, and the Charter of the twenty-ninth of April, One thoufand feven hundred and four, was. read, constituting the faid Sir John Anftruther^ Father, and his Heirs Males to be hereditary and perpetual Infpectors and Searchers of all prohibited and uncuftomed Goods, and Keepers of the Coc- quets in the Ports of Ely and Anftruther, in the Kingdom of Scotland: And alfo feveral Clauses in an Act of 12 and 13 William the Third, entitled, An A3 for granting an Aid to his Majefty, for de- fraying the Expence of his Navy, Guards and Garri- fons for one Tear, and for other neceffary Qccafwns, was read, And (< 204 ) And alfo a Claufe in the Ad of the fixth Year of his Majefty's Reign, Chap. 7. entitled, An Aft for the Security of her Majejifs Perfon and Government* and of the Succejfwn to the Crown of Great-Britain in the Protejtant Line, was read, Refolved, That the Hereditary Offices of an In- fpector and Searcher" of all prohibited and uncus- tomed Goods, and Keeper of the Cocquets, in the Ports of Ely and Anflrut her in North -Britain, are .within the meaning of the Act of Parliament of the twelfth and thirteenth Years of his late Ma- jefty King William, whereby any Member of the Houfe of Commons, having an Office, Place, or Employment, concerning the farming, managing, or collecting the Cuftoms, is abfolutely incapable of being a Member of this Houfe. 12. Refolved, That Sir John Anflruther having, by the Death of his Father, the hereditary Offices of an Infpe&or and Searcher of all prohibited ant} uncuftomed Goods, and Keeper of the Cocquets, in the Ports of Ely and Anflruther, in North-Bri- tain, defcended to him, but not having taken, en- joyed, or executed the fame, is capable of being a ^Member of tjiis Houfe r 13. Luna, 1% die Mar tii, 1 715. The Houfe being informed that John Richmond Webb, Efq; defires the Opinion of this Houfe, in relation to his taking his Place in the Houfe, in re- fpect of his- being conftituted Governor of the Jfle of Wight by Letters Patents which pafled the Great Seal fince his Election, but iffued' purfuant to a Warrant granted before the Election. Ordered, That the faid Warrant and Letters Pa- tents be laid before this Houfe. 14. Jovi$ x ( 205 ) *4« J wis* jdiejulii, 1715; The Houfe being acquainted that George Car- penter, Efq-, fince his Election for the Borough of Whitchurch,\% appointed his Majefty's Envoy to the Court of Vienna, and that he defires to know the Senfe of the Houfe, whether he is included in the Difability of the Ad of the fixth Year of her late Majefty, and the Claufe in the faid Act relating thereto was read ; And the Queftion being put, that George Car- Renter, Efq; being appointed his Majefty's Envoy at the Court of Vienna fince his Election for the Borough of Whitchurch, in the County of South- ampton, his Election for the faid Borough is thereby become void. It pafled in the Negative. ' 15. Sabbat i, 24 die Martii, 1715. Ordered, That Mr. Speaker do ifiue his Warrant to the Clerk of the Crown to make out a new Writ for electing a Burgefs to ferve in this prefent Parliament for the Borough of Andover in the County of Southampton, in the room of the honour- able James Brudenell, who (fince his Election for the faid Borough) hath accepted the Office of Matter of the Jewel-Office to his Majefty. 1 6. Martis, 2 8 die Martii, 1 7 1 6. The Houfe being informed that the Letters Pa- tents by which the Office of Garter, principal King of Arms, after the Death of Sir Henry St. George was granted by her late Majefty to John Anjiis, Efq; have been delivered to the Clerk of this £Ioufe, and are now on the Table. Ordered, That the faid Letters-Patents be now *ead. The C 206 ) The faid Letters-Patents were read. And a Motion being made, that Mr. Speaker d6 iflbe his Warrant to the Clerk of the Crown td make out a new Writ for the electing a Burgefs to ferve in this prefent Parliament for the Borough of Dunhevedj alias Launcejion^ in the County of Corn- wall, in the Room of John Anjiis, Efq; who fince his Election for the faid Borough hath accepted the Office of Garter principal King of Arms, granted to him by her late Majefty after the Death of Sir Henry St. George, who is now dead ; And a Debate arifing in the Houfe thereupon, Ordered, That the Debate be adjourned until Friday feven-night. Refohed, That the Houfe do adjourn till Mon- day feven-night. The Houfe being adjourned to a longer Day, than the Debate, there Was nothing done in it this Sejfwn, See below, Seel. 30. 17. Veneris, isdiejunii, 171 6. Ordered, That Mr. Speaker do ifTue his Warrant to the Clerk of the Crown to make out a new Writ for electing a Burgefs to ferve in this prefent Par- liament for the Borough of Eye in the County of Suffolk, in the room of Edward Hopkins, Efq; who fince his Election for the faid Borough, hath ac- cepted the Office of one of the Commiffioners of his Majefty's Revenue in Ireland. 18. Mart is, 16 die Junii, 17 16. The like for the Borough of Old Sarum, in the County of Wilts, in the room of Thomas Pitt, Efq-, who fince his Election for the faid Borough, hath accepted of being Governor of the Plantation of Jamaica. *• * . j 9, Sabbat; 7 ( 107 ) tg. Sabbati, 30 die Mar tit, 17 17; The like for the Borough of JVoodftook, in the County of Oxon, in the room of Sir Thomas Wheate^ Bart, who, fince his Election for the faid Borough, hath accepted the Office of chief Keeper of the Ordnance, Munition, and Stores belonging to the Office of Ordnance. 20. Martis, iS die J unit, 1717* The like for the Borough of Cockermouth, in the County of Cumberland, in the room of Nicholas Lechmere, Efq; who, fince his Election for the faid Borough, hath accepted of the Office of Chancellor of the Dutchy of Lancafter for Life. 21. Luna •, 2$die Ncvembris, 171 7, The like for the Borough of Berealjlon, in the County of Devon, in the Room of Horatio Walpole^ Efq; who, fince his Election for the faid Borough, hath accepted the Office of Surveyor and Auditor- General of all his Majefty's Revenues arifing in America. 22. Luna, 2 die Decembris, 17 17. The like for the Borough of Ipfwich, in the County of Suffolk, in the Room of William Churchill^ Efq; who, fince his Election for the faid Borough, hath accepted the Office of Bookfeller, Bookbinder, and Stationer to his Majefty. 23. Sabbati, 7 die Decembris, 17 17. The like for the Borough of Dunheved, alias Launcejlon, in the County of Cornwall, in the Room of John Anftis, Efq; who, fince his Election for ( 20* ) for the faid Borough, hath accepted the Office or Garter Principal King at Arms. 24. JoviSy 20 die Martii, 171 7. The like for the Port of Dover, in the Room of Matthew Aylmer, Efq-, who, fince his Election for the faid Port, hath accepted the Office of Mafter of Greenwich Hofpital for his Life. 25. Lun£, 3 die Jiprilisy 172 1. The like for the City of Carlifle, in the County of Cumberland, in the Room of Thomas Stanwix, Efq-, who, fince his Election for the faid City, hath accepted the Office of Governor of the Town of King ft on upon Hull. 26. Martis, 9 die Martii, 1727. A Motion being made, and the Quefiiori being pfOpofed, That Edmurtd Miller, Serjeant at Law, is duly elected a Burgefs to ferve in this prefent Parliament for the Borough of Petersfield, in the County of Southampton. The ninteenth Article of the Act, Quinto Ann ( 214 ) 49- LunGUlh-Hardnefs, in the Room of V/illiam Hay % Efq-, the honourable 'Thomas Hervey, Efq; and Wal- ter Cary, Efq-, who, fince their Elections, refpec- tively accepted the Offices of one of the Com mi f- iioners for Victualling his Majefty's Navy, of Sur- veyor C 215 ) vcyor of his Majefty's Gardens, and of one of the Clerks Comptrollers of his Majefty's Houfhold. 54. Mercurii, 17 die Maii, 1738. The like for the Borough ofHelfton, in the Room of John Harris, Efq; who, fince his Election for the faid Borough, accepted the Office of Pay-ma- fter of his Majefty's Board of Works. 55- Jovis, 1 die Februarii, 1738. The like for the City of Oxford, in the Room of Matthew Skinner, Efq-, who, fince his Election for the faid City, accepted the Office of Chief Juftice of Chejler. §6. Mir t is, 22 die Maii, 1739. The like feverally for the Boroughs of Plymouth and, New-Shoreham, in the Rooms of the honour- able Robert Byng, Efq; and John Phillip/on, Efq; who, fince their Elections, refpectively accepted the Offices of Governor of his Majefty's Ifland of Barbadoes, and of one of the Commifiioners of hia Majefty's Navy. 57. Mart is, 4 die Decembris, 1739. The like for the County of Monmouth, in the Room of Charles Hanbury Williams, Efq; who, fince his Ele&ion for the faid County, accepted the Office of Pay-mafter of his Majefty's Marine Re- giments. 58. Mercurii, 20 die Februarii, 1739. — The Queftion being put, That Mr. Speaker do iflue his Warrant to the Clerk of the Crown, to make out a new Writ for the electing of a Burgefs to ferve in this prefent Parliament for the Borough P 4 of (21(5) of Saltafh, in the County of Cornwall, in the Room of Thomas Corbett, Efq; who hath accepted a Sa- lary of two hundred Pounds per Annum, by his Majefty's Royal Sign Manual, dated the fourteenth of Augujl, One thoufand feven hundred and thirty - nine, as Secretary to the Court of Affiftants for Relief of poor Widows of Commiflion and War- rant-Officers of the Royal Navy, eftablfhed by vir- tue of a Commiflion under the Great Seal, bearing Date the thirtieth of Auguft, One thoufand feven .hundred and thirty-two. It palTed in the Negetive. N. B. Before the putting of the foregoing ghicjlion, the twenty-fifth and twenty-ninth Sections 0/ Stat. 6 Ann. and Stat. 1 Geo. 1. were read. 59. Martis, 1 die Aprilis, 1740. A new Writ was ordered for Brecon, in the Room of the honourable John Talbot, Efq-, who, fince his Election for the faid Town, accepted the Ofrke of one of his Majefty's Juftices of the Counties o'i.Chefler and Flint, and of Denbigh and ' Montgomery . 60. Mercurii, %$ die Aprilis % 1740. ■ ■ The like for, the Borough of New-Windfor in the Room of the Right Honourable Sidney Beau- clerk, Efq-, (commonly called Lord Sidney Beau- clerk) who, fince his Election for the faid Borough, accepted the Office of Vice-Chamberlain of his Majefty's Houfehold. ©tfcrtu Sabbali, 10 die Februarii, 169Q. 1. Refolved, That the Right of electing Bur- gefles to lerve in Parliament for the faid Borough, (Orford ( 2i; ) (Orford in Com. Suffolk) is in the Mayor, Port- men, capital Burgefies and Freemen of the faid Borough. Sabbati, 29 die Januarii, 1708. 2. Refohed, Nemine contradicente, That the Right of Election of Burgefies to ferve in Parlia- ment for the Borough of Orford (in Com. Suffolk) is in the Mayor, Portmen, capital Burgefies, and Freemen, not receiving Alms. 3. And a Book being produced on the Part of the fitting Members , as a Book of the Corpora- tion, beginning in the Year One thoufand fix hundred and ninety-three, fcalled the white Book) to prove feveral Perfons (who voted for them) to be Freemen, which Book being objected to by the Petitioner's Counfel, the Counfel and Witnefifes withdrew, and were afterwards called in again ; and Mr, Speaker* (by Direction of the Houfe) ac- quainted them that the Houfe weie of opinion, that the faid Book mould be given in Evidence as to Freemen made after Augufi, One thoufand feven hundred and four. 4. And a Motion being made, and the Quef- tion being put, that the Counfel be admitted (by living WitnefTes) to give Evidence as to Freemen entered in the white Book before Auguft, One thoufand feven hundred and forty. It patted in the Negative. 5. Jovis, 15 diejulii, 1742. Ordered, That Mr. Speaker do ifibe his Warrant to the Clerk of the Crown, to make out a new Writ for the electing of a Burgefs to ferve in this prefent Parliament for the Borough of Orford, in the County of Suffolk, in the Room of the honour- able Henry Legge, Eiq-, who, fince his Election for the ( 2i8 ) the faid Borough, hath accepted the Office of Sur- veyor-general of his Majeity's Woods, on the North and South Side of the River Trent* Fereris, n die Mail, 1733. 1. Mr. Earle (according to Order) reported, 6JV. the Election and Return for the County of Peebles, &c. Refolved, That it is the Opinion of this Com- mittee, that the Right of Election of a Pr j. — . The fitting Member acquainted the Houfe, That the Word Commonalty, mentioned in the laft Determination of this Houfe, of the Right of Election of Members to ferve in Parliament for the Borough of Plymouth, being declared by this Houfe to extend to the Freemen only of the faid Borough, he would not give the Houfe any further Trouble, and then he withdrew. 8. And the Queftion being put, That John Rogers, Efq; is duly elected a Burgefs to ferve in this prefent Parliament for the Borough of Ply- mouth, in the County of Devon j It palTed in the Negative. 9. Refolved, That Charles Vanhrugh, Efq; is duly elected, &c. Pftmptmu 1. Luna, 14. die Aprilis, 1690. Refolved, That the Charter granted by the late King James, to the Borough of Plympton, (in Com, Devon) is illegal and destructive to the Constitution of the Government, 2. Jovis, 28 die J anuarii, 1702. Refolved, That the Right of electing BurgefTes to ferve in Parliament for the Borough of Plympton in the County of Devon, is in the Mayor, Bailiff, and Freemen of the faid Borough, and in the Sons of Freemen, who have a Right, to demand their Freedom, and have been refufed the fame. 3. Refolved, That the Proceeding of the Mayor and Corporation of the Borough of Plympton, in the County of Devon, in making Freemen after the Death of his late Majesty, to vote at the laft Election, was illegal, and contrary to the Rights Q.3 *i ( 230 ) of the faid Corporation, and that thofe Freemen then pretended to be made, have not thereby ob- tained any Right to vote on that Account in any future Elections. poll. Veneris, 1 5 die Februarii, 1677. 1. Whereas on the thirtieth of April Iaft, an Election was intended to be made of a Knight of a Shire for the County oiDorfet, upon a Writ legally ifiiied for that Purpofe. Refohed, That fuch Elections and the Returns thereupon are void. Firji, Becaufe the Sheriff did not execute or obey his Writ. 2. Secondly, Eecaufe he left divers Freeholders unpolled, and made no due Proclamation before he clofed the Poll. 3. Thirdly, Becaufe he did not number thofe Voices he polled, nor declared who he judged to be duly elected. 4. Laftly, Becaufe he returned two Perfons, when he fhould have returned but one ; and figni- fied fuch his Return to be the Agreement of the Parties, rather than his Judgment according to Right and Law. A new Writ ordered. 5. Veneris, 28 die Novembris % 1690. Refohed, That the Adjournment of the Poll taken at the Election of the Knight of the Shire for the County of Cardigan, by the Sheriff of the faid County, from Abenjlwith to Cardigan, is a legal and good Adjournment. Note, C 2 3i ) Note, There is an Acl, i Mar. which appoints the Sheriff's Tourn to be kept at Cardigan and Aberiftwith alternis vicibus j But fee Stat. 7 fcf 8 W. 3. c. 25. 6. Veneris, 8 20 die Martii, 171 3. A Complaint being made to the Houfe, that the Town-Clerk of the Borough of Colchefter, having been ferved with an Order of the Committee of Privileges and Elections, for permitting Nicholas Corfellis, Efq-, and his Agents, to infpect the Free- School Book, and any publick Books, Charters, Papers, or Records, in order to the preparing for the C 238 ) the hearing of the Matter touching the Election for the faid Borough before the faid Committee, he the faid Town-Clerk had refufed the fame. Whereupon one John Summers, Servant to the faid Mr. Corfellis, was called in and examined at the Bar in relation to the Matter of the faid Complaint, And then he withdrew. Refolved, That Thomas Glafcock, Town Clerk of the Borough of Colchejier in the County of EJJex, having refufed to obey the Order of the Commit- tee of Privileges and Elections, for permitting Ni- cholas Corf ellis, Efq-, or 'his Agents, to infpect the publick Books and Records of the faid Borough, be, for the faid Contempt, taken into Cuftody of the Serjeant at Arms attending this Houfe. 14. Mart is, 24 die Mai'v, 17 15. Refolved % That Jofeph Cation, Mayor of the Bo- rough of Hertford, is guilty of acting in an illegal and arbitrary manner in the late Election of Bur- geffes to ferve in Parliament for the Borough of Hertford, in Contempt of the Act to prevent falfe and double Returns of Members to ferve in Par- liament, and in Breach of the Privilege of this Houfe. 15. Ordered, That the faid Jofeph Cation be, for the laid Breach of Privilege, taken into the Cuftody of the Serjeant at Arms attending this Houfe. 16. Mercurii, 21 die Januarii, 171 8. Refohed, That John Benfield, Mayor of the Bo- rough of Corfe Cafile (in Com. Dorfet) is guilty of divers arbitrary and illegal Practices in the late E- lection and Return of a Member to ferve in this prefent Parliament for the faid Borough, and of a' Contempt in not obeying the Order of the Com- mittee ( 239 ) mittee for producing the Charters of the faid Bo- rough in his Cuftody. 1 7. Refolved, That William "Dowdall, late Mayor of the Borough of Corfe Cajile, is guilty of a Con- tempt in not obeying the Orders of the Commit- tee, for producing the Charters of the faid Bo- rough in his Cuftody. 18. They were both ordered into Cuftody t, &c. and fo was David Toomer on the Saturday following^ for arbitrary and illegal Practices at the Election of a Burgefs for Shafton, alias Shaftefbury, «f Com. Dorfet. 19. Jovis, 6 die Maii, 1742. Refolved, Nemine contradicente, That John CuU lis, having in his Examination before a Committee of this Houfe, wilfully and malicioufly given falfc Evidence, tending to afperfe the Character of John. Laroche, Efq; a Member of this Houfe, is thereby- guilty of a high Mifdemeanor, and a Breach of the Privilege of this Houfe. Ordered, Nemine contradicente, That the faid John Cullis be for his faid Offence, committed Pri- soner to his Majefty's Jaol of Newgate-, and that Mr. Speaker do iflue his Warrants accordingly. 20. Martis, 11 die Maii, 1742. A Petition of John Cullis was prefented to the Houfe, and read •, reprefenting to the Houfe, that the Petitioner has had the Misfortune of incurring the Difpleafure of the Houfe, by giving falfe Tef- timony at a Committee, relating to a worthy Member •, for which Offence the Petitioner is now confined in his Majefty's Jaol of Newgate; and that the Petitioner is truly fenfible of his tault, is fincercly forry, and molt heartily repents of fuch his Offence, and humbly begs Pardon of the Houfe, 1 and ( 240 } and alfo of the worthy Member ; and that the Pe- titioner has lately had a violent Fit of Ulnefs, is now very weak, and in a bad State of Health ; and mod humbly allures the Houfe, that, if he is con- fined in Newgate any longer, it will greatly hazard the Petitioner's Lite, which will be an irreparable Lofs to his poor Family •, and therefore praying the Houfe to take the Petitioner's Cafe into Con- fideration, and give leave, that he may be dif- charged out of Prifon. Ordered, That the faid John Cullis, committed Prifoner by this Houfe, to his Majefty's Jaol of Newgate, upon Tburfday laft, be brought to the Bar of this Houfe To-morrow Morning, in order to his being difcharged out of Cuftody ; and that Mr. Speaker do iffue his Warrants accordingly. Mercuriiy 30 die Aprilis, 1 690. For the County of Hertford. 1. Refolvedy That Quakers having a Freehold and refufing to take the Oath when tendred by the Sheriff, are incapable of giving their Votes for Knights of the Shire, for that Reafon. 2. MartiSy 2^dieMaii, 17 14. The Houfe proceeded (according to Order) to the hearing the Merits of the Election for the Bo- rough of Soutbwark, in the County of Surry , and the Counfel were called in, and the Petition com- plaining of the faid Election was read ; and the Petitioners Counfel examined feveral WitnefTes, touching the Affirmation which was adminiftered to the People called Quakers, inftead of the Oath of Abjuration ; and feveral Sections in the Act of the t 241 ) the feventh and eighth Years of King William* cap* 34, and in the Ad of the fixth Year of Queea Anne, cap. 23. were read, and alfo the Form of the faid Affirmation adminiftered to them, was alio read, And the Counfel on both Sides were heard •, and then withdrew. And a Motion being made, and the Queftion being put, That the Quakers who made their fo- lemn Affirmation in the Form tendered to them inftead of the Oath of Abjuration, by the Bailiffof the Borough of Southward upon the late Election of Members to ferve in Parliament for the faid Bo- rough, had a Right to vote in the faid Election : It pafled in the Negative. 'This is altered by Stat. 1 C 1. Sejf. 1. cb. 7. Ctualificatiott of GfcttMtft See Capacity. i. Jovis, 2 1 die Novembris, 171 J* Refolved, That notwithstanding the Oath taken by any Candidate at or after any Election, his Qua- lification may be afterwards examined into. 2. Refohed, That the Perfon whofe Qualifica- tion is exprefsly objected to in any Petition rela- ting to his Election, mall, within fifteen Days after the Petition read, give to the Clerk of the Houfe of Commons a Paper figned by himfelf, containing a Rental or Particular of the Lands, Tenements, and Hereditaments whereby he makes out his Qualification j of which any Perfon con- cerned may have a Copy. 3. Refolved, That of fuch Lands, Tenements, and Hereditaments, whereof the Party hath not been in PoiTeflion for three Years before the Elec- tion, he fliall alfo infert in the fame Paper from R what ( 242 ) what Perfon, and by what Conveyance, or Aft in Law he claims and derives the fame ; and alio the Confederation, (if any) paid, and the Names and Places of Abode of the Witnefies to fuch Convey- ance and Payment. 4. Refolved, That if any fitting Member fhall think fit to queftion the Qualification of a Peti- tioner, he fhall, within fifteen Days after the Peti- tion read, leave Notice thereof in Writing with the Clerk of the Houfe of Commons •, and the Peti- tioner fhall in fuch Cafe, within fifteen Days after fuch Notice, leave with the faid Clerk of the Houfe the like Account in Writing of his Qualification, as is required from a fitting Member. •5. Refohedy, That the four lafl Refolutions^ be declared to be ftanding Orders of the Houfe. 6. Marth, 27 die Februarii, 1727. The Houfe being acquainted that Alexander Lut- trell and Francis Whitworth, Efqsj (fitting Mem- bers for the Borough of Minehead in the County of Somerfet) did on the feventh Day of February in- ftant (purfuant to the (landing Order of the Houfe of the twenty-firft Day of November, One thoufand feven hundred and feventeen) leave with the Clerk of this Houfe their Demand in Writing of the Qua- lification of George Grove, Efq-, one of the Peti- tioners, complaining of an undue Election and Re- turn for the faid Borough •, and that the faid Mr. Grove had not delivered in to the Clerk any Paper of his Qualification, purfuant ta the faid ftanding Order. The Demand of the faid Qualification, and alfo the faid ftanding Order of the Houfe, were read. And the Clerk of the Houfe being called upon, acquainted the Houfe, that he had not received any particular of Mr. Grove's Qualification. Ordered, ( 243 ) Ordered, That the Committee of Privileges and Elections be difcharged from proceeding upon fo much of the Petition of Sir William Codrington^ Bart, and George Grove, Efq-, (complaining of an undue Election and Return for the Borough of Minehead in the County of Somerfet) as relates to the faid George Grove, Efq; he having neglected to comply with the Handing Order of this Houfe, whereby he is required to deliver in his Qualifica- tion to the Clerk of this Houfe within fifteen Days after demand thereof. 7. Sabbati, 30 die Aprilis, 1715. Refolved, That William Benfon, Efq; one of the Petitioners, complaining of an undue Election for the Borough of Shaftejbury, in the County of Dor- fet, having, at the Demand of the fitting Members, delivered in a Particular of Lands, Tenements, and Hereditaments, in order to make out his Qualifi- cation to be elected for the faid Borough, purfuant to the Order of the Houfe of the twenty- third of March laft ; the Counfel for the fitting Members (if they have any Objection to the faid William Ben- fon's Qualification) be directed to make their Ob- jections to the faid Particular, delivered in purfuant to the faid Order of the Houfe* fo far only as the fame relates to Lands, Tenements, and Heredita- ments in the Parifh of Bromley in the County of Middle/ex ; being the only Qualification the faid William Benfon gave in upon Oath at the faid Elec- tion, as appears by the Certificate of the Mayor of the faid Borough. Note, The Qualification upon Oath was not fo ex- tenjive as that delivered in to the Clerk of the Houfe ; but by the laji Refolution it appears he -was only to lake Benefit by fuch Efiate as ivas comprized both in the Oath and Particular, and not by any Efiate comprized in the Particular, but not given in upon Oath, R z 8. Jo vis, ( 244 ) 8. Jovis. y die Mali, 1730. Refolved, That Richard Lloyde, Efq; did not wil- fully ret ufc to take an Oath of his Qualification, at the Election of a Burgefs to ferve in this pre- fent Parliament, for the Town of Cardigan, in the County of Cardigan, he not being thereunto legally required. 9. J wis, 7 die Februarii, 1734. Refohed, That on the Petition of any Elector or Electors for any County, City, or Place, fending Members to Parliament, complaining of an undue Election and Return, and alledging, That fome other Perfon was duly elected, and ought to have been returned, the fitting Member fo complained of may demand and examine into the Qualification of fuch Perfon fo alledged to be duly elected, in the fame Manner as if fuch Perfon had himfelf peti- tioned. 10. Ordered, That the faid Refolution be declar- ed to be a (landing Order of the Houfe. 11. Veneris, 21 die Mar tit, 1734. The Houfe being acquainted that Thomas Brere- ton, Efq; one of the fitting Members for the Bo- rough of Liverpool in the County Palatine of Lan- cafter, did on the eighteenth Day of February laft (purfuant to the Handing Order of the Houfe of the lixth Day of the fame Month) leave with the Clerk of this Houfe his Demand in Writing of the Qualification of Fofter Cunliffe, Efq; one of the Perfons alledged to be duly elected for the faid Bo- rough, in the Petition of John Cobham, George JDickins, Thomas Summers, and others, whofe Names are thereunto fubferibed, Burgeffes of the Borough of Liverpool, in the County Palatine of Lancajler, on ( H5 ) brt Behalf of themfelves and divers other Bur&efies of the faid Borough, complaining of an undue E- lection and Return for the faid Borouoh ; and that the faid Mr. Cunliffe had not delivered into the Clerk any Paper of his Qualification, purfuant to the faid (landing Order of the Houfe. The Demand of the faid Qualification, and alfo the faid (landing Order of the Houfe, were read. And the Clerk of the Houfe being called upon, acquainted the Houfe, that he had not received any particular of the faid Mr. Cunlijfe's Qualification. Ordered, That the Committee of Privileges and Elections be difcharged from proceeding upon fo much of the faid Petition as relates to the faid Mr. Cunliffe, he having neglected to comply with the (landing Order of this Houfe, whereby he is re- quired to deliver in his Qualification to the Clerk of this Houfe within fifteen Days after Demand thereof. 12. Luna, 14 die Januarii, 1739. On a Hearing for the County of Huntingdon. The Counfel for the Petitioner infifted, that the fitting Member (Mr. Clarke) was not qualified to be elected, according to the Act made in the ninth Year of the Reign of Queen Anne, intitled, An Att for fecuring the Freedom of Parliaments by the further aualifying the Members to Jit in the Houfe of Commons. Then the Counfel for the Petitioner, in Support of one of their Objections, offered to prove (which the Counfel for the fitting Member admitted) that the Copyhold Lands and Tenements at Hammer- fmith in the Parifh of Fulham, in the County of Middlefex, which the fitting Member, in the Rental or Particular by him delivered in to the Clerk of the Houfe (purfuant t.o the (landing Order of this Houfe made for that Purpofc) claims in Fee, ac- R 3 cording ( 24* ) cording to the Cuftom of the Manor of Fulham, under a Mortgage Surrender, and an Admiffion thereto, and a Releafe of the Equity of Redemp- tion from the Mortgagor, were fubject to a fubfe- quent Mortgage made by the faid Mortgagor pre- vious to the Date of the faid Releafe of the Equity of Redemption. 13. Then the Counfel for the Petitioner having objected to the Confideration given for the Eftate, which the fitting Member, in the faid Rental or Particular, claims for his natural Life, by Deed of Feoffment and Livery and Seizin thereon given by John Clarke of Huntingdon, Gent, they offered to prove (which the Counfel for the fitting Member admitted) that the faid Eftate was all the real fi- liate, except about three Pounds per Annum, which the laid "John Clarke the Grantor, was feized of at the Time of the Date of the faid Deed. 14. Then, the Counfel for the Petitioner ha- ving objected to the Annuity of two hundred Pounds which the fitting Member, in the faid Rental or Particular, claims for Life by Grant from Charles Bernard, Efq; they offered to prove (which the Counfel for the fitting Member admitted) that the Eftate charged with the faid Annuity does not exceed the yearly Value of one hundred and thirty- two Pounds. 15. Then the Counfel for the Petitioner having objected, that the fitting Member, in the Oath by him taken at the Time of his Election, purfuant to the Direction of the fajd Act of the ninth Year of the Reign of Queen Anne, did not particularly enumerate all the ieveral Parifhes, out of which the Fee-farm Rents, mentioned .in the faid Particular, are i filling. The Instrument of the faid Oath, fubferibed by the fitting Member, was produced by the Sheriff, who took the fame, and read. * And 1 247 ) And that Part of the faid Rental or Particular which defcribes the Fee-farm Rents, was read. And the firft, fecond, third, fourth, and fifth Sections of the faid Act, made in the ninth Year of Queen Anne were read. And the Counfel for the fitting Member was heard. And one of the Counfel for the Petitioner was heard by way of Reply. And the Counfel on both Sides were directed to withdraw. Mr. Clarke was heard in his Place, and then he withdrew. 1 6. Refolved, That Charles Clarke, Efq; is duly elected a Knight of the Shire to ferve in this prefent Parliament, for the County of Huntingdon, £tueenbo?oun;k x. Jovis, i j die Aprilis, 1729. Refolved, That the Right of admmitting Bur- gefies of the Borough of Qeeenborough, in the County of Kent, is in the Mayor, Jurats, and Bailiffs of the faid Borough only. 1. Mercurii, 12 die Novembris, 1690. Refolved, That the Right of Election of Bur- gefTes to ferve in Parliament for the Borough of New-Radnor, is in the Burgeffes of Radnor, Ryader, Knighton, Knucklas, and Kevenlice only. R 4 Eeatifoff* ( 248 ) Heatotoff* i. Jews, 2 die Decembris, 1708. Refoked, That the Right of electing BurgefTes to ferve in Parliament for the Borough of Reading, in the County of Berks, is in the Freemen and In- habitants •, fuch Freemen not receiving Alms, and fuch Inhabitants paying Scot and Lot. 2. Sabbat i, 4 die Decembris, 1708. Refolved, That fuch Perfons as have, within two Years laft, received Kendrickh Chanty, or any other annual Charity, diftributed in the Borough of Read- ing, have not a Right to vote in Elections of Bur- gefTes to ferve in Parliament for the faid Borough. 3. Mercurii, 30 die Maii, 171 6. Refolved, That the Right of electing BurgefTes to ferve in Parliament for the Borough of Reading, in the County of Berks, is in the Inhabitants only, paying Scot and Lot. 4. Lun that there were notorious and outrageous Riots, Tu- mults, and Seditions, at the late Election of Citi- zens t'o ferve in Parliament for the City of Coven- try in Defiance of the Civil Authority, and in vio- lation of the Freedom of Elections, caufed by the A^enK and Friends of the Petitioners, who were the Authors, Contrivers, and Promoters of the faid Riots, Tumults, and Seditions. 1 c The Queftion being put, that Sir Adolpbus Curb'ton, KniglU and Baronet, is duly elected a Citizen to ferve in this prefent parliament tot tW City of Coventry. h pafTed in the Negative. 1 6 The Queftion being put, that John Neale, Efq-, is duly eledted a Citizen to ferve in this pre- fent'Parliament for the City of Coventry, r It pafTed in the Negative. 17 Refolvedy That the late Eledion of Citizens to ferve in Parliament for the City of Coventry is a void Election. . 18. Refolvedy that it appears to tms Houie that Charles Buggs was one of the principal Contrivers and Promoters of the Riots, Tumults, and Sedi- tions at the late Ele&ion of Citizens to ferve iri Parliament the City of Coventry. ( *59 t 1 9. And Charles Buggs was ordered into Cuf- iody. 20. The like Votes and Orders federally upon George Newcombe, William Wells, Sir Thomas Grey, Knight, Mr. Thomas Kimberley, Mr. Tho- mas Wright, Mr. George Aldridge, and: Benjamin Holdeh. Mart is, 22 die Martii, 1736. 2i. On a Hearing for Coventry. The Counfel for the Petitioner produced Evi- dence touching a Riot at the Time of the Elec- tion, which occafioned a Difcohtinuance of the Poll. And the Counfel for the fitting Member was heard, and having denied that the Magistrates of the laid City, or the fitting Member occafioned the laid Riot, acquainted the Houfe, that he was not inftrucled to oppofe the Evidence produced by the Counfel for the Petitioner. Mr. Neale was heard in his Place. Refolved, That it appears to this Houfe, that there was a great Riot and Tumult at the late Election of a Citizen to ferve in this prefent Parlia- ment for the City of Coventry, in violation of the Freedom of Elections. 22. — The Queftion being put that John Neale, Efq-, is duly elected, a Citizen to fcrve in this pre- fent Parliament for the City of Coventry, It paffed in the Negative. 23. Refotved, That the late Election of a Citizen to ferve in this prefent Parliament tor the City of Coventry, is a void Elcilion. s 2 Eye* ( 20*0 ) Sabbati, 29 die Decembris, 1702. 1. Refolved, That the Right of Election of Barons to ferve in Parliament for the Port of Rye, is only in the Mayor, Jurats, and in the Freemen inhabiting in the faid Port, and paying Scot and Lot. Sabbat 7, 17 die Februarii, 1710. 2. Refoked, That Thomas Hills, W.W. T.B. and J. T. having been propofed to be made Free, and rejected at a Court of Affembly, and after- wards made Free in the fame Mayoralty, are not legal Freemen of the Port of Rye. 3. Refoked, That it is not neceffary the Free- men of the Port of Rye, fhould qualify themfelves according to the Corporation Act, before they be allowed to vote in the Affembly -Court of the faid Port. 1. Veneris, 31 die OHobris, 1690. Refoked by the Committee, That the Freemen of the Port of Sandwich, inhabiting within the faid Port (although they receive Alms) have a Right to vote in electing Barons to ferve in Parliament. This Refolution being read a fecond Time, and the Queftion being put, that the Houfe do agree with the Committee in the faid Refolution, It paffed in the Negative. ^carborottn;^ ( 26i ) Mercurii, 21 die Apr His, 1736. 1. Refohed, (by the Committee) That the Right of Election of BurgefTes to ferve in Parliament for the Borough of Scarborough, in the County of York, is in the Common Houfe, or Common- council of the faid Borough, confiding of two Bailiffs, two Coroners, four Chamberlains, and thirty-fix BurgefTes only. Agreed to by the Houfe. &c*ktt& 1. Marti t y 19 die Januarii, I74i# It appearing from the faid double Return with which the Clerk of the Crown attended according to order, that the Indenture of Return of the Ho- nourable Alexander Hume Campbell, Efq-, was im- mediately annexed to the Writ. The Counfel for the Honourable Alexander Hume Campbell, Efq-, were firft heard. Refohed, That the Counfel be called in, and di- rected to proceed according to the Refolution of this Houfe of the eleventh of May, One thoufand feven hundred and thirty-three, which Refolution is, That the Right of Election of a PrOtttJ)foarlu 1. Mart is, 10 die Novembris, 1702. Refolved, That the Right of electing BurgefTes to ferve in Parliament for the Borough of South- ward in the County of Surry, is only in the Inha- bitants thereof paying Scot and Lot. 2. Mart is, 29 die Junii, 17 14. On the further Hearing of the Merits of the Election for the Borough of Southwark, in the County of Surry, &c. A Motion being made, and the Queftion being put, that the Perfons inhabiting in the Mint, or Rules of the Queen's Bench, in the Borough of Southwark, and paying a Rent of ten Pounds per Annum, or upwards, have a Right to vote for Members to ferve in Parliament for the laid Bo- rough of Southwark, though they do not pay Scot and Lot within the faid Borough, It palTed in the Negative. 3. Martis, ( 270 } 3. Mar its, 10 die Februarii, 1735: 0» Hearing for South wark. The {landing Order of the fixteenth ofjanuar) hSt (for which fee Title Evidence) was read ; And The laft Determination of the (fupra Martis, 10 die Novembris, One thoufand feven hundred ahtl two) was read. See more of this Hearing under 'Title Evidence. j wis, 25 diejanuarii, 17 10. i. Refolved, That the Sons of Burgeffes and thole who have ferved Apprentices feven Years in the Borough of Stafford, have a Right (upon de- mand thereof) to be made Burgeffes of the faid. Borough. o l 2. Martis, 27 die Novembris, 1722. Refohed, Nemine contradicente, That the Right of Election of Burgeffes to ferve in Parliament for the Borough of Stafford, in the County of Stafford, is in the Mayor, Aldermen, and Burgeffes refiant within the faid Borough. 3. Jovis, 4 die Februarii, 1 ^34. Refolved, That Perfons made Burgeffes of the Borough of Stafford, in the Count/ of Staffdrd, fince the Death of John Dolphin, Efq; late Mem- ber of Parliament for the faid Borough (not being Sons of Burgeffes, or not having ferved feven Years Apprenricefhip within the faid Borough) had not a Right to voce in the late Election of a Bur- gefs ( m ) gefs to ferve in this prefent Parliament for the laid Borough. &tamfi$u I. Luna, 8 die Martiiy 1735. kefolved, That the Right of Election of Bur- geffes to ferve in Parliament for the Borough of Stamford, in the County of Lincoln, is in the In- habitants paying Scot and Lot, and not receiving Alms or publick Charities. 1. Mar lis, 19 die Januarii, 1702. Refohed, That the Sons of Freemen, born after their Fathers were made Free, and thofe that have ferved Apprenticeships in the Borough of Sudbury, in the County of Suffolk, have a Right to vote in the Election of Members to ferve in Parliament for the faid Borough, without any Admifiion in Form to their Freedom, or taking the Oath of Free- men. 2. Refolved, Thar it appears to this Houfe, that Benjamin Carter, late Mayor of the Borough of Sudbury, in the County of Suffolk, was, at the laft Election of Burgeffes to ferve in Parliament for the faid Borough, guilty of great Violence and many indirect Practices, contrary to the Rights and Pri- vileges of this Houfe. 3. Ordered, That the faid Benjamin Carter be, for his faid Offence, taken into the Cuftody of the Serjeant at Arms attending this Houfe. Lr ( *7* ) Lun*> 6 die Becembr'iSy 1703* 4. Refohed, That the Right of Election of Bur- geffes to ferve in Parliament for the Borough of Sudbury, in the County of Suffolk, is only in the Sons of Freemen born after their Fathers were made Free, and in fuch as have ferved feven Years Apprenticelhip, or are made Freemen by Re- demption. 1. Lun*> 25 die Februarii, 1722. Refohed, That the Right of electing a Commif- miffioner to ferve in Parliament for the Shire of Sutherland, is in the Heritors, Fewars, Wadfetters, and Life-renters, poflefled of Lands in the faid Shire, whether holding of the Crown, or of a- Subject. 1. Veneris, 17 die Mar tit, 1698. Refohed, That the Right of Election of Bur- gefifes to ferve in Parliament for the Borough of Tamworth, is in the Inhabitants paying Scot and Lot, and in fuch Perfons as have Freeholds withia the laid Borough, whether refident in the faid Bo- rough, or not. Mart is, 1 die Decembris, 1702. a. The Houfe being informed that there is a new Writ iffbed only to the Sheriff of the County of Stafford, for the electing a Burgefs to ferve in Parliament for the Borough of Tamworth, whereas the Borough is alfo within the County of Warwick; 3 prderedt C 2 73 ) Ordered, That the Clerk of the Crown do make out a Superfedeas to the Writ by him lately made out, and directed to the Sheriff of the County of Stafford only ; and that Mr. Speaker do ifiiie his Warrant to the Clerk of the Crown to make out a Writ directed to the Sheriff of the County of War- wick, and another Writ directed to the Sheriff of the County of Stafford, for the electing a Burgefs to ferve in this prefent Parliament for the faid Borough of Tamworth. 3. Mercurii, 23 die Januarii, 1722. Refolved, That the Right of Election of Bur- geTTes to ferve in Parliament for the Borough of Tamworth, is in the Inhabitants, being Houfe- holders, paying Scot and Lot, and not receiving Alms. Cattffocfu 1. Veneris, 13 die Martii, 1695. Refolved, That the Right of electing Burgeffes to ferve in Parliament for the Borough of Tavi- fiock, (in Com. Devon.) is in the Freeholders of In- heritance in Pofleffion, inhabiting within the faid Borough. 2. Jovis, 4 die Februarii, 1696. Refolved, That the Right of electing Burgeffes to ferve in Parliament for the Borough of TaviJiock 9 in the County of Devon, is in the Freeholders of Inheritance in Poffefiion, inhabiting within the faid Borough, who have been or fhall be prefented as fuch, by the Jury of Enquiry of the faid Borough. 3. Mart is, 19 die J anuarii, 1702. Refolved, That the Right of electing Burgeffes to ferve in Parliament for the Borough ofTavi/tock, T in ( 274 ) in the County of Devon, is in the Freeholders of Inheritance in Pofleflion, inhabiting within the Bo- rough. Catmtom i. Jovis, iftdiejulii, 1715. Refolved, That the Right of Election of Bur- gefles to ferve in Parliament for the Borough of Taunton, in the County of Somerfet, is in the Inha- bitants within the faid Borough, being Pot-wallers, and not receiving Alms or Charity. 2. Jovis, 11 die Augujti, 171 5. The Houfe proceeded on the farther hearing the Merits of the Election for the Borough of Taunton ; and the Counfel on both Sides were called in ; and the Petitioner's Counfel infifted upon the difqua- lifying feveral Perfons who voted for the fitting Members, on account of their having received the Charities called the Town-Charity (which is vefted in Feoffees) and Meredith's Charity. And a Book being produced, wherein is entered the Account of the Difpolition of the Town-Cha- rity, the fitting Member's Counfel objected to the faid Book's being read as Evidence. Refolved, That the Account of Jeffery Pyfing, Steward and Bailiff of the Lands and Tenements belonging to the Town of Taunton, in the County of Somerfet, from the twenty-firft Day of December, One thoufand feven hundred and thirteen, to the twenty-firft Day of December, One thoufand {even hundred and fourteen (inferted in a Book intitled, Taunton; An Account-Book of the Profits of the Town-Lands, One thoufand fix hundred and eighty- three) although not allowed and figned by the Fee- offees, be admitted to be read as Evidence. 3. Sabbatiy ( *75 ) 3« S 'abbati, 27 die Augujli, 1715. The Houfe proceeded to the farther hearing of the Merits of the Election for the Borough of Taunton, and the Counfel on both Sides were called in *, and the Counfel for the fitting Members pro- ceeded to examine Witnefles to difqualify fome of the Voters for the Petitioners upon account of their receiving Charity, particularly as to a Charity called Saunders's Charity, and the fitting Member's Coun- fel infilling to examine as to that Charity, being given in the Year One thoufand feven hundred and thirteen, and the Petitioner's Counfel oppofing their examining as to any Perfons who had not re- ceived that Charity withirt a Year* before the Elec- tion. And a Motion being made, and the Queftion being put, that the Counfel for the fitting Mem- bers be admitted to give Evidence of Perfons ha- ving received Saunders's Charity before the fecond of February, One thoufand feven hundred and thirteen. It pafled in the Negative. Cfietfojn* 1. Mercurii, 17 die Junii, 1685. Refohed, That the Right of Election for the Borough ofThetford(in Com. Norfolk) is the Mayor, Burgefies (which are ten) in the Commonalty or Common Council (which are twenty) amounting in the whole to thirty -one. 2. Sabbati, 3 die Maii, 1685. Refohed, That the Charter of the fixteenth of Queen Elizabeth, granted to the Borough ot Tbet- ford, is not duly nor legally furrendered. T 2 3. Jcvis, ( * 7 6 ) 3. Jovis, 1 die Decembrist 1743. Ordered, That Mr. Speaker do iflue his Warrant to the Clerk of the Crown, to make out a new- Writ for the electing of a Burgefs to ferve in this prefent Parliament for the Borough of Tbetford, in the County of Norfolk, in the Room of Charles Fitzroy, Efq-, who, fince his Election for the faid Borough, hath accepted of the Office of Groom Porter within all his Majefty's Houfes in England and el fe where. Cotnefg* 1. Mercurii, 4 die Mart ii, 1695. Refolved, That the Perfons made Free by the late King James's Charter, to the Borough of Tot- nefs (in Com, Devon) have no Right to vote in electing of Members to ferve in Parliament for the faid Borough, by Virtue of fuch Freedom. 2. Refolved, That the Right of electing Bur- gees to ferve in Parliament for the faid Borough of Totnefs, is in the Freemen not inhabiting, as well as in the Freemen inhabiting within the faid Bo- rough of Totnefs. dtatitt£ • See C a p a c i t y . 1. Veneris, 26 die Januarii, 1699. Refolved, That James Shane, Efq; in treating the Corporation of Tbetford in the County of Norfolk, has been guilty of a Breach of the late Act of Par- liament for preventing Expences in Elections. 2. Then the Quelfion being put, that James Shane, Efq; is duly elected a Burgefs to ferve in this prefent Parliament for the Borough of 'Tbetford 'in the County of Norfolk, It ( 2 77 ) It patted in the Negative. 3. Refolvedy That the faid Election is a void E- lection. 4. Mr. Sloane was re-chofen, and Mr. Soame petitioned againfi him. 5. Sabbati, 2 die Mar tit, 1699. The Houfe (according to Order) proceeded to take into Confideration the Acl: made in the feventh Year of his Majefty's Reign, for preventing Charge and Expence in Elections of Members to ferve in Parliament. And the Petition of Edward Soame, Efqj was read. And the faid Act was read. And Mr. Sloane attending (according to Order) he was heard in his Place •, And then he withdrew. And a Debate arifing in the Houfe upon the Conftructon of the faid Act, upon Mr. Sloane's being again chofen and returned for the Borough of Thetford. And the Queftion being put, that the faid Mr. Sloane be capable of ferving in this prefent Parlia- ment for the faid Borough ; It palfed in the Negative. 6. Sabbati, 21 die Novembris, 1702. Refolved, That the Agents of Sir Ifaac Rebow have been guilty of treating and other corrupt Prac- tices, in order to procure the faid Sir Ifaac Rebow to be elected a Burgefs to ferve in Parliament for the Borough of Colcbefter, in the County of Effex. 7. Ordered, That John Weely, Agent for Sir Ifaac Rebow, for his corrupt Practices in endea- vouring to procure the faid Sir Ifaac Rebow to be elected a Burgefs for the faid Borough of Colchejier, be taken into Cuftody. t 3 «®ruto* ( 278 ) i. Jovis, 22 die Decembris, 1743. Ordered, That Mr. Speaker do ifiue his Warrant to the Clerk of the Crown, to make out a new Writ for the electing of a Burgefs to ferve in this prefent Parliament for the Borough of Truro, in the County of Cornwall, in the Room of the Ho- nourable Charles Hamilton, Efq-, who, fince his Election for the faid Borough, hath accepted the Office of Receiver-General and Collector of the Revenues in the Ifland of Minorca. 1 t©aHmsfa#u 1. Jovis, 1 5 die Decembris, 1709. Refolved, That the Right of electing Burgefles to ferve in Parliament, for the Borough of Wal- lingford, in the County of Berks, is in the Mayor, Aldermen, Bailiffs, and eighteen Afiiftants, to- gether with the Inhabitants of the faid Borough, paying Scot and Lot, and not receiving Alms or Charity. iBarefjam, 19 die Januarii, 1747. 1. Refolved, That the Right of Election for the Borough of Wareham, in the County of Dorfet, is only in the Mayor and Magiftrates of the faid Bo- rough as pay Scot and Lot, and in the Freeholders of Lands or Tenements there, who have been bona fide, to their own Ufe, in the actual Occupation, or in the Receipt of the Rents and Profits of fuch Lands or Tenements, for the Space of one whole Year next before the Election, except the fame . came ( 2 79 ) came to fuch Freeholders by Defcent, Devife, Marriage, Marriage-Settlement, or Promotion to fome Benefice in the Church. i. Sabbat i, 3 die Mail, 4 C. 1. 1628. Refolved, That the Right of Election for the Town of Warwick^ is in the Commonalty of the faid Town. 2. Jovis, 31 die Januarii, 1722. Refolved, That the Right of Election of Bur- gefTes to ferve in Parliament for the' Borough of Warwick, is in fuch Perfons only as pay to Church and Poor in the faid Borough. 1. Marti Si 18 die Februarii, 1695. Refolved, That the Right of electing Citizens to ferve in Parliament for the City of Wells, in the County of Somerfet, is only in the Mayor, Mailers and BurgefTes of the faid City. 2. Refolved, That the Right of Election of Bur- gefTes to ferve in Parliament for the City of Wells, in the County of Somerfet, is in the Mayor, Matters and BurgefTes of the faid City. ,~ 3. Refolved, That the By-Law made by the go- verning Part of the Corporation of Wells in One thoufand feven hundred and twelve, pretending to inflict one hundred Pounds Penalty on the Mayor that nominates or makes any Burgefs without the Confent of the major Part of the Corporation, and fifty Pounds Penalty on any Burgefs that takes the Oath appointed to be taken by the Burgefs, or that ufes, claims, or challenges any Freedom or Privi- T 4 ' lege ( 280 ) lege of a Burgefs without iuch AfTent, is arbitrary and illegal. , 4. Refolved, That the Right of Election of Ci- tizens to ferve in Parliament for the City of Wells, in the County of Somerfet, is in the Mayor, Matters, and BurgefTes of the faid City, and in fuch Perfons as are (by Confent of the Mayor and Common- Fil of the faid City) admitted to their Free- i any of the feven trading Companies of the ity, on account of Birth, Servitude, or Mar- • 5. Veneris , 18 die Apr His, JJ2g. Refolved, That the Right of electing Citizens to ferve in Parliament for the City of Wells, in the County of Somerfet, is in the Mayor, Matters, Bur- gefles and Freedom of the faid City, who are ad- mitted to their Freemen in any of the kven Com- panies within the faid City, being thereunto in- titled by Birth, Servitude, or Marriage. 6. Mart is, 11 die Mart ii, 1734. The lafl Determination of the Houfe made the eigteenth Day of April, One thoufand feven hun- dred and twenty-nine, concerning the Right of Election of Citizens to ferve in Parliament for the faid City of Wells, which is thereby refolved to be in the Mayor, Matters, BurgefTes and Freemen of the faid City, who are admitted to their Freedom in any of the feven Companies within the faid City being thereunto intitled by Birth, Servitude, or Marriage, was read. And the feveral Refolutions of the Houfe made the thirtieth Day of May, One thoufand feven hun- dred and fixteen, and the fecond Day of May, One thoufand feven hundred and twenty-three, con- cerning ( 28l ) cerning the Right of Eleaion of Citizens to fervc in Parliament tor the faid City, was read. And part of the Report from the Committee of Privileges and Elections, made the eleventh Day of jipril* One thoufand feven hundred and feventeen touching the Election for the faid City, in Rela- tion to the Evidence of Richard Thomas, *vas read. Refohed* That the Counfel for th" Petitioners be reftrained from giving Evidenr., That it is a neceflary Qualification of a Burgefs of the City of Wells* that fuch Perfon previous to his being made a Burgefs was a Freeman of the faid City, intitled to fuch Freedom by Birth, Servitude, or Marriage. 7. Jovis, 13 die Martii* 1737. On the fame Eleclion. A Book of the Company of Hammermen within the faid City being delivered in, an Entry wherein was read. And feveral Books of the feveral Companies of Taylors, Mercers, Inn-keepers, Stocking-makers, Butchers, and Cordwainers, within the laid City, being delivered in, feveral Entries in the Book of the Company of Tayors, in Relation to the Ad- million of a Perfon to his Freedom, were read. 8. Martis* 18 die Martii* 1734. On the fame Eleclion. Refohed* That John Joyce* a Freeman of the City of Wells* be admitted to give Evidence as to the Right of the eldeft Sons of Freemen there to be admitted to the Freedom of the faid City. 9. Jovis, ( 282 ) 9. Joiis, 20 die Mar tii ', 1734. An Entry in a Book of the Company of Mer- cers, N°. 1. was read, and a Witnefs was exa- mined, in order to prove the Qualification of an- other Perfon. jo. And an Entry in a Eook of the Company of Hammermen was read, and a Witnefs was re- ceived, in order to prove the Qualification of an* other Perfon. 11. And in order to qualify another Perfon named in the faid Lift, as being the eldeft Son of a Freeman of the faid City, an Entry in a Book of the Company of Stocking- makers, was read. 12. N. B. This Elettion was determined Martis, 25 die Martii, 1735, but there were at that lime no Refolutions which explain the Rights of E'efiionfor that City. 1. Sabbat i, 21 die Novembris, 1702. Refolved, That Perfons coming by Certificate to live in the Borough of JVendover, have not thereby a Right to vote for the Election of Members to fervc in Parliament for the faid Borough. I. Jovis, 3 die Martii, 1736. Refclved y That the Right of Election of BurgeiTes to ferve in Parliament for the Borough of Weobley, in the County of Hereford, is in the Inhabitants of the- ancient Vote-Houfes of twenty millings per Annum value ..nd upwards, refiding in the faid Houfes forty Days before the Day of Election, and paying ( *8 3 ) paying Scot and Lot, and alfo in the Owners of fuch ancient Vote-Houfes paying Scot and Lor, who (hall be refident in fuch Houfes at the Time of the Election. uaeffburp, i. Mar its, i die Decembris, 1702. Refolvedy That the Tenants of Burgage-Houfes, by Leafe for Years ablblute, have a Right to vote in the Election of Members to ferve in Parliament for the Borough of fVejlbury, in the County of IVilts. 2. Luna, 2$ die Mart it, 17 15. The Clerk of the Crown (according to Order) attended with the Returns for the County of IVilts. The Sheriff's Precept directed to the Mayor of the Borough of Wefibury in the faid County ; the Receipt given by the faid Mayor for the fame ; and and the Return of Willoughby Bertie and Francis Anejley, Efqrs; by Indenture under the common Seal of the faid Borough, figned by the Mayor ; and alfo, The Return of George Evans and Charles Allan - fin, Efqrs; by Indenture under the Hands and Seals of John Turner, Conflable of the faid Bo- rough, and feveral other BurgelTes, were feverally read. Ordered, That the Clerk of the Crown do take off the File the faid Indenture, by which Mr. fivans and Mr. Allan/on are returned. 3. Mtrcurii, 1 die Junii, 17 15. Refolved, That the Right of Election of Mem- bers to ferve in Parliament for the Borough of }VeJibury, in the County of Wilts, is in every Te- nant ( 28 4 ) nant of any Burgage-Tenement in Fee, for Life, or ninety-nine Years determinable on Lives, or by Copy of Court Roll, paying a Burgage Rent of Four-pence or Two-pence yearly, being Refident within the Borough, and not receiving Alms. ffltttminitix. 1. Luna, 1 5 die Novetnbris, 1680. Refohed, That the King's menial Servants, not having proper Houfes of their own within the City of Wefiminfter^ have not Right to give Voices in the Election of Citizens to ferve in Parliament for the faid City. 2. MartiSy 1 5 die Decembris, 1741. The Houfe proceeded to the Hearing of the Matter of the Petition of the feveral BurgefTes and Inhabitants of the City and Liberty of Wefiminfter y whofe Names are thereunto fubfcribed in behalf of themfelves, and feveral other Burgefies and Inha- bitants of the faid City and Liberty, complaining of an undue Election and Return for the faid City, And the Counfel were called in, And the Counfel were directed to withdraw. The Counfel were again called in, And the faid Petition was read. And the laft Determination of the Houfe con- cerning the Right of electing Citizens to ferve in Parliament for the faid City, made the fifteenth Day of November ^ One thoufand fix hundred and eighty, (when the Houfe refolved, that the King's menial Servants, not having proper Houfes of their own within the City of ' Wejlminjler, have not a Right to give Voices in the Election of Citizens to ferve in Parliament for the faid City) was alfo read. 3. Martisy ( 28 5 ) 3. Mortis, 22 die Becembris, 1741. Refolved, That Mr. John Lever, High Bailiff of the City oiWejlminfter, at the laft Election of Citi- zens to ferve in Parliament for the faid City, acted at the faid Election in an illegal and arbitrary Man- ner, in prejudice of the Rights of the Electors of the faid City, and in manifeft Violation of the Freedom of Eleftions. Ordered, That the faid Mr. John Lever be for his faid Offence taken into the Cuftody of the Ser- jeant at Arms attending this Houfe. Refolved, That it appears to this Houfe, that a Body of armed Soldiers, headed by Officers, did on Friday the eighth Day of May, laft, come in a military Manner, and take PofTeffion of the Church- yard of St. Paul's, Covent Garden, near the Place where the Poll (for the Election of Citizens to ferve in this prefent Parliament for the City of Wejtmin- Jler) was taken, before the faid Election was ended. Refolved, That the prefence of a regular Body of armed Soldiers, at an Election of Members to ferve in Parliament, is an high Infringement of the Liberties of the Subject, a manifeft Violation of the Freedom of Elections, and an open Defiance of the Laws and Conftitution of this Kingdom. Ordered, That Nathaniel Blackerby, Efq; do at- tend this Houfe upon Friday the twenty- fecond Day of January next. Ordered, That George Howard, Efq-, do attend this Houfe upon Friday the faid twenty -fecond Day of January. Ordered, That Thomas Lediard, Efq; do attend this Houfe upon Friday the faid twenty -fecond Day of January. 4. Veneris, ( 286 ) 4. Veneris, 22 die Januarii, 1741. Major General Foliott (attending according to order) was called in and examined, and produced a Letter received by him on the eighth Day of May laft, figned with the Names of Nathaniel Blacker -by ', George Howard, and T. Lediard, and alfo another Letter, received by him the fame Day, figned with the fame Names, and the Names of Three other Perfons. And then he withdrew. And feveral WitnefTes having been examined, in order to prove the Hand- writing of Nathaniel Blackerby, George Howard, and Thomas Lediard, Efqrs; And being withdrawn, The faid firft mentioned Letter was read. Then the faid Nathaniel Blackerby, George How* ard, and Thomas Lediard, Efqrs-, (attending ac- cording to order) were called in, and having feve- rally confeffed that they figned the faid Letter, and having exprefled their concern for their Offence therein -, They withdrew, and the feveral Refolutions of the Houfe of the twenty -fecond Day of December laft, in relation to the Body of armed Soldiers, headed by Officers, coming on the faid eighth Day of May laft, in a Military Manner, and tak- ing PofTeflion of the Church-yard of St. Paul, Covent Garden, near the Place where the Poll (for the Election of Citizens to ferve in this prefent Par- liament for the City of JVeftminJler) was taken, be- fore the faid Election was ended, being read, Ordered, That the faid Nathaniel Blackerby, George Howard and Thomas Lediard, having been called in, and at- the Bar of this Houfe confefled, that they did fend for, and caufe to come on Friday the ( 28; ) the eighth Day of May laft, a Body of armed Sol- diers, headed by Officers in a Military Manner, who did take Poffeflion of the Church-yard of St. Paul, Covent Garden* near the Place where the Poll (for the Election of Citizens to ferve in this prefent Parliament for the City of Weftminjler) was taken, before the faid Election was ended, and the faid Nathaniel Blackerby, George Howard, and Thomas Lediard, having acknowledged their Offence there- in, do attend this Houfe to-morrow Morning, in order to be brought to the Bar thereof, to be re- primanded on their Knees by Mr. Speaker for the faid Offence. 5. Sabbati, 23 die Januarii, 1741. Nathaniel Blacker by, George Howard, and Tho- mas Lediard, Efqrs; attending according to Order, were brought to the Bar, and upon their Knees re- primanded by Mr. Speaker, as the Houfe had di- rected, and were ordered to be difcharged, paying their Fees. Refolved, That the Thanks of this Houfe be given to Mr. Speaker, for the Speech by him made upon reprimanding the faid Nathaniel Blackerby, George Howard, and Thomas Lediard, and that he be defired to print the fame. 22 diejanuarii, 1749. 6. Notice being taken, that no Return had yet been made for the Writ, for electing of a Citizen to ferve in this prefent Parliament for the City of Weftminjler, in the Room of the Right Honourable Grenville Levefon Gower, Efq«, commonly called Lord Vifcount Trentham, (who, fince his Election for the faid City, had accepted the Office of one of the Commiffioners for executing the Office of Lord High Admiral of Great Britain) although the faid Writ ( 288 ) Writ was ordered upon the fixteenth Day of No- vember laft, to be made out. The Order made upon the fixteenth Day of No- vember laft, for Mr. Speaker to iffue his Warrant to the Clerk of the Crown for making out the faid Writ, was read. Ordered^ That the Clerk of the Crown do attend this Houfe to-morrow Morning, to give an ac- count of the iffuing of the faid Writ. Ordered^ That Mr. John Crawfure, Purfuivant or Mefienger extraordinary attending the Great Seal, do attend this Houfe to-morrow Morning, to give an account of the fending of the faid Writ to the Sheriff of the County of Middle/ex. Ordered^ That the Under-fherifF of the County of Middle/ex, do attend this Houfe to-morrow Morning, to give an account of the iffuing of a Precept to the High Bailiff of the City oiWeft- tninjier, in purfuance of the faid Writ. Ordered, That the High Bailiff of the City of Weftminjlerf&o attend this Houfe to-morrow Morn- ing, to give an Account of the Execution of the faid Precept. 23 die Fehruariiy 1749. 7. The Deputy-clerk of the Crown (attending according to Order) gave the Houfe an Account of the iifuing of the Writ for the electing of a Citizen to ferve in Parliament for the City oiWejl- minfter, in the Room of the Right Honourable Grenville Levefon Gower, Efqj commonly called Lord Vifcount Trentham, (who, fince his Election for the iaid City, had accepted the Office of one of the Commiffioners for executing the Office of Lord High Admiral of Great Britain) which Writ was directed upon the fixteenth Day of November laft, to be made out. * Mr. I 2 *9 ) Mr. John Crawford, Purfuivant, or^Meffengef . Extraordinary attending the Great Seal^ attending according to order, was called in, and at the Bar examined, touching the fending of the faid Writ to the Sheriff of Middle/ex, And then withdrew. The Under- fheriff of the County of Middlefex attending according to order, was called in, and at the Bar examined, touching the iffuing of a Pre- cept in purfuance of the faid Writ. And then he withdrew. The High Bailiff of the City of Weftminfter at- tending according to order^ was called, and being examined at the Bar, acquainted the Houfe that he is now in the Execution of the faid Precept, that he had all along endeavoured to avoid all unnecef- fary Delay therein ; and that, if fome Delay has happened in the Scrutiny of the Poll (taken at the Election) which he is now proceeding upon, it has been fuch only as he did not think, he had furHcient Power to prevent or remove. And then he withdrew. He was again called in, And Mr. Speaker (by Direction of the Houfe) recommended fome Particulars of his Duty to him, and acquainted him, that if he met with any Thing to obftruct him therein, which he could not pre- vent, he mould apply to the Houfe upon it, and might be affured of the Support of the Houfe in the Difcharge of his Duty ; and that the Houfe ex- pected he would take care in general to expedite the Election as much as poffible. - Upon which he expreffed his great readinefs to conform himfelf to the Direction of the Houfe, and faid, that he would ufe his beft Endeavours to expedite the Election, and hoped to perform his Duty in general, to the Satisfaction of the Houfe. And then he withdrew. U 20 die. ( 200 ) 2o die Januarii, 1750- £. A Petition of the feveral BurgefTes and Inha<* bitants of the City and Liberty of IVejlminJter* whofe Names are thereunto fublcribed, on behalf of themfelves, and feveral other BurgefTes and In- habitants of the laid City and Liberty, was pre- fented to the Houfe, and read, complaining of an undue Election and Return for the laid City of JVeJiminJler. Ordered, That the Matter of the faid Petition be heard at the Bar of this Houfe upon to-morrow Sevennight, the fifth Day of February next. A Petition of Sir George Vandeput, Baronet, was alfo prefented to the Houfe, and read, complaining of an undue Election and Return foF the City of Wejlminjier. Ordered, That the Matter of this Petition be heard at the Bar of this Houfe, at the fame Time that the Matter of the Petition of the feveral Bur- gefTes and Inhabitants of the City and Liberty of of Wejiminjier, whofe Names are thereunto fub- fcribed on behalf of themfelves, and feveral other BurgefTes and Inhabitants of the faid City and Li- berty, is appointed to be heard. The Houfe was moved, That the Journal of the Houfe of the twenty-fecond and twenty-third of February laft, containing the Entry of the Proceed- ings of the Houfe in relation to the Execution of the "Writ which was ordered to be ifTued upon the fix- teenth Day of November, One thoufand feven hun- dred and forty-nine, for the electing of a Citizen to ierve in this prefent Parliament, for the City of Wefiminjier, in the Room of the Right Honour- able Granville Levefon Cower, Efq-, commonly called Lord Vifcount Trentham, might be read ; And the fame being read accordingly, Ordered^ ( 201 ) brJeredi That Peter Leigh, Efq; High-bailiff of the City of Weftminfter, do attend this Houfe im- mediately, in order to give the Houfe an Account of what he did in purfuance of the Directions given, to him by this Houfe upon the twenty-third Day of February laft, in relation to the Execution of the Precept, iffued to him in purfuance of the faid Writ. Peter Leigh, Efq; High Bailiff of the City of Wejiminfier, attending (according to order) was called in, and examined in relation to what he did in purfuance of the faid Directions. And having, in the Courfe of his Examination, alledged, that thfe faid Election was protracted by an affected Delay, He was directed to withdraw. Refohed, That the High-bailiff of the City of Weftminfier, be again called in, and afked, by whom it was, that the faid Election was protracted, and by what Means. The High-bailiff of the City of ' Weftntinfier, was again called in, and being afked, by whom it wa9 that the faid Election was protracted, and by what Means. He named Mr. Crowle. And having, in the Courfe of his further Exa* mination, complained of ill Treatment offered to him by feveral Perfons upon account of his Beha- viour in relation to the faid Election and Return. He was again directed to withdraw. He was again called in, and being required to name the Perfons from whom he received the ill Treat- ment of which he had complained. He named Mr. Alexander Murray , and Mr* i Gibfott. And then he again withdrew. Ordered, That Richard CrowU, Efq-, do attend this Houfe upon Thurfday Morning next. U 2 Ordered ( *9* ) Ordered^ That the honourable Alexander Murray,- Efq-, do attend this Houfe upon Thurfday Morning next. Ordered, That— — Gib fin, Upholder in Covent- Garden, do attend this Houfe upon Iburfday Morn- ing next. Ordered, That the High- bailiff of the City of Wefiminfier, do attend this Houfe upon Thurfday Morning next, to make good his Charge againlt the faid feveral Perfons by him named in the Com- plaint, which he has this Day made to the Houfe, in regard to the Obftruction he met with in the Execution of his Office. 3 1 die Januarii, 1 750.- 9. The feveral Orders of the Day for the At- tendance of Richard CrowIe 9 Efq* the honourable Alexander Murray, Efq; Gibfon, Upholder in Covent Garden, and the High-bailiff of the City of Wefiminfier, being read. The High-bailiff of the City of Wefiminfier was called in, and acquainted, that he might now pro- ceed to make good his Charge againft the feveral Perfons by him named, to the Houfe on Monday M. And Richard Crowle, Efq-, one of the faid Per- fons, was called in. And the High- bailiff proceeded to ftate his Charge againfl the faid Mr. Crowle -, And Mr. Crowle was heard to the faid Charge. And the High-bailiff having been heard to what had been alledged by Mr. Crowle, they were both directed to withdraw. Refohed, That the High-bailiff of the City Wefiminfier, be again called in, and directed to produce his Evidence upon his Charge againfl Richard Crowle, Efqi The ( 2 93 ) The High- bailiff and Mr. Crowk were again called in. And the High-bailiff examined feveral Wit- neffes in fupport of the faid Charge. And Mr. Crowk was heard, and examined a Witnefs in anfwer to the faid Charge. And the High-bailiff was heard by way of Reply ; And then they were directed to withdraw. Refohed, That it appears to this Houfe that Richard Crowle, Efq-, during the late Scrutiny of the Poll, for the City of Wejiminjler, after he had full Notice of the Orders of this Houfe given to the High-bailiff of the faid City to expedite the faid Scrutiny, did wilfully and defignedly protract the fame ; and when he was reminded of the faid Or- ders by the High-bailiff, did publicly avow and declare he had done fo, and did utter difrefpect- ful Words in Contempt of the Authority of this Houfe. Ordered, That the faid Mr. Crowle be now brought to the Bar of this Houfe, and be upon his knees reprimanded by Mr. Speaker, and difcharg- cd, paying his Fees. Ordered, That the further Confideration of the Charge made by the High-bailiff of the City of fttjlminfter, be adjourned till to-morrow Morning. i die Februarii y 1750. 10. The Houfe (according to Order) refumed the adjourned Confideration of the Charge made to the Houfe upon Monday lafl: by the High-bailiff of thp City of IVeftminfter. And the High-bailiff was called in, and directed to proceed to make good the reft of his Charge ; And then he was directed to withdraw. He was again called in U 3 A: id ( 294 ) And the honourable Alexander Murray, Efq-, One of the Ferfons named in the faid Charge, was alfo called in. And the High- bailiff proceeded to ftate his Charge againft the faid Mr. Murray. And Mr. Murray having been heard to the faid Charge, and having denied the fame, and defiring to make his Defence thereto by Counfel. They were both directed to withdraw. The Houfe was moved, that Part of an Ac! made in the twentieth Year of his prefent Majefty's Reign, intitled, An Aft for allowing Perfons im- peached of High Treafon, whereby any Corruption of Blood may be made, or for mifprifion of fuch Treafon, to make their full Defence by Counfel, might be read ; And the fame was read accordingly. Mr. Murray was again called in ; And being afked, whether his Counfel were ready to proceed, he acquainted the Houfe that he had fent for them ; that he was ready himfelf, but did not know, whether they would be ready to proceed this Day, And then he was again directed to withdraw. Ordered, That Mr. Murray be admitted to be heard at the Bar of this Houfe by his Counfel, upon the Matter of the Charge made againft him by the High-bailiff of the City oiWeftminfler. Ordered, Tha; the High- bailiff of the City of Weftminfter, be admitted to be heard by Counfel, in fupj^prt of the Charge, if he thinks fit. Ordered, That the faid Mr. Murray be taken into the Cuftqdy of the Serjeant at Arms attending this Houfe ; and that when he fhall be in fuch Cuf- tody, the Serjeant at Arms attending this Houfe do tajte fuch Bail for the faid Mr. Murray, as fhail ^c approved by Mr. Speaker, for the faid Mr. Mur- ( *95 ) ray's Attendances upon this Houfe, from Time to Time, as often as he (hall be required thereunto. Ordered, That the further Confideration of that Part of the faid Charge, which relates to the faid Mr. Murray, be adjourned till Wednefday Morning next. Ordered, That the Charge made by the High- bailiffof the City of Weflminfter, againft the faid Mr. Murray, be by him put into Writing, and delivered to the Clerk of this Houfe; and that a Copy of the faid Charge be delivered to the faid Mr. Murray. The High-bailiff was again called in. And John Gibfon, another of the Perfons named in the Charge made to the Houfe upon Monday laft, by the faid High- bailiff, was alfo called in. The High- bailiff proceeded to ftate his Charge againft the faid Mr. Gibfon. And Mr. Gibfon having been heard to the faid Charge, and having denied the fame ; The High-bailiff examined feveral Witnefles in fupport of the former pan of the faid Charge. And having called another Witnefs, The High-bailiff; Mr. Gibfon, and the faid Wit- nefs were directed to withdraw. The High-bailiff and Mr. Gibfon were agai« called in. And the High -bailiff having acquainted the Houfe, that he had called the faid Witnefs in fup- port of the latter Part of his faid Charge. The High-bailiff and Mr. Gibfon were again di- rected to withdraw. They were again called in., And the High- bailiff was directed to confine ^imfclf to the former Part of the faid Charge. And he having acquainted the faid Houfe, that he had gone through his Evidence in fupport of jfrat Part of the faid Charge. U 4 Mr. ( 296) Mr. Gibfon was heard, and examined feveral Wit- neffes in Anfwer to the faid Charge. And having referred to a Member of the Houfe, as having been prefent at the Time mentioned iri the Charge. The faid Member did in his Place inform the Houfe of what he knew concerning the Matter of the faid Charge. And Mr. Gibfon having gone through his Evi- dence, referring to a Member of the Houfe, as having been prefent at the Time mentioned in the Charge. The faid Member did in his Place inform the Houfe of what he knew concerning the Matter of the faid Charge. And then the High-bailiff and Mr. Gibfon were directed to withdraw. And feveral Members did in their Places inform the Houfe of what they knew concerning the Matter of the faid Charge. The Houfe was moved, that the Entry of the former Part of the faid Charge by the High- bailiff againfl the faid Mr. Gibfon, might be read j And the fame was read accordingly. Refohed, That it appears to this Houfe, that the faid Mr. John Gibfon is guilty of an high Contempt of the Authority and Privileges of this Houfe, by reflecting on the Proceedings of this Houfe, and of the Legiflature. Ordered, That the faid John Gibfon be, for his faid Offence, committed Prifoner to his Majefty's Gaol of Newgate, and that Mr. Speaker do iffue his Warrant accordingly. 4 die Februarii, 1750, it. Mr. Speaker acquainted the Houfe, that the Serjeant at Arms attending this Houfe, had in- s formed ( «97 ) Formed him, that, in purfuance of the Order of this Houfe of Friday laft, he had taken into his Cuftody the Right Honourable Alexander Murray, Efq-, and when in his Cuftody had taken Bail for the faid Mr. Murray's attendance upon this Houfe, from time to time, as often as he mould be required thereunto ; and that the faid Mr. Murray was now upon fuch Bail. ■ Mr. Speaker further acquainted the Houfe, that the faid Bail was fuch as had been approved of by him, as the faid Order directed. Ordered, That the faid Mr. Murray do attend this Houfe upon Wednefday Morning next. Ordered, That the Order made upon Monday the twenty-eighth of [January laft, for hearing to-mor- row Morning, at the Bar of this Houfe, the Matter of the Petition of the feveral Burgeffes and Inha- bitants of the City and Liberty of IVeJiminJier, whofe Names are thereunto fubfcribed on behalf of themfelves, and feveral other Burgeffes and Inha- bitants of the faid City and Liberty, complaining of an undue Election and Return .for the City of IVeJiminJier, be now read ; And the fame being read accordingly. Ordered, That the faid Order be difcharged. Ordered, That the Order made upon Monday, the twenty-eighth of January laft, for hearing at the Bar of this Houfe, the Matter of the Petition of Sir George Vandeput, Bart, complaining of an undue Election and Return for the City of Wejl- minjicr , at the fame Time, the Matter of the Peti- tion of the feveral Burgeffes and Inhabitants of the City and Liberty of IVeJiminJier, whofe Names are thereunto fubfcribed, on behalf of themfelves, and feveral other Burgeffes and Inhabitants of the faid City and Liberty, was appointed to be heard, be riow read •, And the fame being read accordingly. Ordered* (»9») Or/bred, That the faid Order be difcharged. Ordered, That the Matters of the faid Petition* be heard at the Bar of this Houfe, upon Tkurfday Morning next. 6 die Februariiy 1750. 12. The other Order of the Day being read, The Houfe refumed the adjourned Lonfidera- tion of that Part of the Charge made to the Houfe by the High- bailiff of the City of JVeJiminfier y vhich relates to the Honourable Alexander Murray, Efq; And the High-bailiff and the Counfel for Mr. Murray were called in ; And the Charge of the High-bailiff againft the iaid Mr. Murray was read. The High- bailiff examined one Witnefs in fup- port of the faid Charge. And then the High-bailiff, the Counfel, and the faid Witnefs were directed to withdraw. The High-bailiff and the Counfel were again called in. And the High-bailiff examined feveral other L Witneffes in fupport of the faid Charge. And having gone through his Evidence ; The Counfel for Mr. Murray were heard, and examined feveral Witnefies in anfwer to the faid Charge. And the High-bailiff was heard by Way of Re- ply ; And the faid Mr. Murray was heard at the Bar ; And then the High- bailiff, Mr. Murray, and the Counfel, were directed to withdraw. Refohed, That it appears to this Houfe, that the honourable Alexander Murray, Efq; on the fif- teenth Day of May laft, being the Day of Return # a Jvdember to lerve in Parliament for the City Of ( a 99 ) of Wefiminfter, attended by a Mob, did, before the Return was made, come to the Houfe of Mr. Baldwin, the Deputy High-bailiff of the faid City, and then and there declared, in a menacing and in- fulting Manner, that he and a thoufand more had fworn, that the High-bailiff mould make his Re- turn in the Middle of CoveM-Garden, and not in the Portico ; that he was a Fool he had not ordered the Iron Rails before the Portico to be cut down the Night before; that he had advifed with Coun- fe\, that if he had done it, and had not taken the Rails away, it would have been only a Trefpafs j and that for One hundred or One hundred and fifty Pounds, they might have been made good again ; arid that had it not been to humour lbme faint- hearted Fellows, it 'would have been done, or Words to that Effect ; and that the faid Alexander Murray, immediately after the Return was made, appeared in Covent -Garden Church-yard, while the returning Officer was in the Veftry, near the Place where the Return was made, at the Head of a Mob, who appeared to be on the Part of Sir George Van- deput, and did then utter Words exciting and in- flaming the faid Multitude, to affault and murder the returning Officer •, and that afterwards, as the returning Officer was going away, the faid Alexan- der Murray, peifevering in his wicked Purpofes, did, at the Head of the faid Mob, again incite them to Ads of Violence, faying with Impreca- tions, Will nobody knock the Dog down? Will nobody Hill the Dog ? or Words to that Effect. A Motion was made, and the Queftion being propofed, that the faid Alexander Murray, for his faid dangerous and feditious Practices, in Violation and Contempt of the Authority and Privileges of this Houfe, and of the Freedom of Elections, be committed dole Frifoner to his Majefty's Goal of fiewgate. The ( 300 ) The Houfe was moved, that the Journal of the Houfe of the Twenty-third of February, One thou- fand feven hundred and forty-one, in relation to the Proceedings of the Houfe, for the Punifhment of William Middleton, Efq; might be read i And the fame was read accordingly. Rtfolved, That the faid Alexander Murray be, for, his faid dangerous and feditious Pra£tices, in Vio- lation and Contempt of the Authority and Privi- leges of this Houfe, and of the Freedom of Elections, committed clofe Prifoner to his Majefty's Goal of Newgate, and Mr. Speaker do iflue his Warrant accordingly. Refolved, That the faid Alexander Murray be now brought to the Bar of this Houfe, to receive his Sentence there, upon his Knees. He was brought in accordingly, and by Mr. Speaker directed to kneel. And he having refufed to be upon his Knees, as required by the faid Refolution ; And being withdrawn, Refolved, That it having been refolved by this Houfe, that the faid Alexander Murray mould re- ceive upon his Knees, at the Bar of this Houfe, the faid Sentence of this Houfe againft him ; and he having in a mod infolent audacious Manner, at the Bar of this Houfe, abfolutely refufed to be upon his Knees, as required by the faid Refolution, is guilty of a high and mod dangerous Contempt of the Authority and privilege of this Houfe. Ordered, That the faid Alexander Murray be committed clofe Prifoner to his Majefty's Goal of Newgate, in order to his forth coming, to abide fuch Orders as fhall be made by. this Houfe, in, relation to the faid Contempt. Ordered, Thar the laid Alexander Murray (while in the faid Goal by Virtue of the faid Order) be not allowed the Ufe of Pen, Ink, or Paper 5 and 3 that ( 3d ) that no Perfori be admitted to have accefs unto him, without the Leave of this Houfe. Ordered, That a Committee be appointed to con- fider, and report to the Houfe, what Methods may be proper to be taken by the Houfe, in relation to the faid Contempt. And a Committee was appointed accordingly; and they are to withdraw immediately into the Speaker's Chamber ■, and they have Power to fend for Perfons, Papers, and Records. Ordered, That the faid Committee have Power to fit, notwithftanding any Adjournment of the. Houfe. 8 die Februarii, iyso. 13. Ordered, That the Lord Elibank have leave to refort to his Brother the honourable Alexander Murray, Efqj now a Prifoner in his Majefty's Goal of Newgate, committed to the faid Goal by an Order of this Houfe* The Houfe being informed, that a Perfon from the Keeper of Newgate attended at the Door, he was called in, and at the Bar acquainted the Houfe, that the faid Mr. Murray lies ill, and defires that a Phyfician and an Apothecary may have Leave to refort to him ; and that the Name of the Apothe- cary is Cooke, and the Name of the Phyfician he did not know, but had fent to enquire j And then he withdrew. The Houfe being informed, that the Phyfician defired by the faid Mr. Murray, to attend him, was Doctor Lamond-, Ordered, That the faid Doctor Lamond, and the faid Mr. Cooke, have leave to refort to the faid Mr. Murray in the faid Goal. The Houfe was moved, that the Order made upon Monday laft, the Fourth Day of February, for hearing ( 3^2 ) hearing Yefterday at the Bar of this Houfe, the Matters of the Petition of the feveral Burgeffes and Inhabitants of the City and Liberty of Wejiminflery whofe Names are thereunto fubfcribed, on Behalf of themfelves, and feveral Other Burgeffes and In- habitants of the faid City and Liberty, and of the Petition of Sir George Vandeputi Bart, feverally complaining of an undue Election and Return for the City of JVefiminfier, might be read. And the fame being read accordingly. Ordered^ That the Matter of the faid Petitions fee heard at the Bar of this Houfe upon Tuefdaj Morning next. 12 die Februarii, 175b. 14. Ordered, That the feveral Burgeffes and In- habitants of the City and Liberty of Wefiminfter* who petitioned this Houfe on Behalf of themfelves, and feveral other Burgeffes and Inhabitants of the City and Liberty, complaining of an undue Elec- tion and Return for the City of Wefiminfier^ be at Liberty to withdraw their Petition* Ordered, That the Order made for hearing at the Bar of this Houfe the Matter of the faid Petition, be difcharged. Ordered, That Sir George Vandeput, Bart, be at Liberty to withdraw his Petition, complaining of an undue Election and Return for the faid City. Ordered, That the Order made for hearing at the Bar of this Houfe the Matter of the faid Pe- tition be difcharged. 14 die Februarii, 1750. 15. Sir William Tounge, from the Committee who were appointed to confider, and report to the Houfe, what Methods may be proper to be taken ( 303 J oy the Houfe, in relation to the Contempt of the Honourable Alexander Murray, Efq-, who being in purfuance of a Refolution of this Houfe, brought to the Bar of this Houfe, to receive his Sentence there upon his Knees, and who being by Mr. Speaker directed to kneel, refufed to be upon his Knees, as required by the faid Refolution, ac- quainted the Houfe, that the Committee have directed him to make a Report when the Houfe will pfeafe to receive the fame. Ordered, That the Report be received upon Mon» day Morning next. A Petition of John Gib/on, now Prifoner in New- gate, was prefented to the Houfe and read, expref- fing his Sorrow for having incurred the Difpleafure of the Houfe, giving the ftrongeft and mod fo- lemn Aflurances of his never giving the leaft Of-« fence for the future, and praying to be difcharged from his Confinement. Ordered, That the faid John Gibfin, committed Prifoner by this Houfe to his Majefty's Goaf of Newgate \ on the Firft of this Inftant February, be brought to the Bar of this Houfe To-morrow Morning, in order to his being difcharged ; and that Mr. Speaker do uTue his Warrant accordingly. 15 die Februarii, 1750. 1 6. John Gib/on was (according to Order) brought to the Bar, where he, upon his Knees, received a Reprimand from Mr. Speaker, and was ordered to be difcharged out of Cuftody, paying his Fees. 25 die Februarii, 1750. 17. The Orders of the Day, for the Attendance of Dr. Lamond, and Mr. Cooke the Apothecary, who we«j admitted to vifit Mr. Murray, now a Prifoner in C 304 ) in his Majefty's Goal of Newgate, committed to the feid Goal by an Order of this Houfe, being read. Dr. Lamond was called in, and at the Bar gave an Account of the State of the Health of Mr. Mur- ray, during the Time he had attended him in the faid Goal; And then he withdrew. Refohed, That no Perfon, allowed by this Houfe to refort to the faid Mr. Murray in his Majefty's Goal of Newgate, have, without frefh Leave of this Houfe, any further Accefs to the faid Mr. Murray, while in the faid Goal, by Virtue of an Order of this Houfe, made upon the Sixth Day of this In- flant February, except his Phyfician Dr. Lamond? and his Apothecary Mr. Cooke, and alfo the Nurfe, who has been by this Houfe, allowed to be with him in the faid Prifon; 2 die Aprilh, 175*. 18. The Houfe being informed, that Dr. Zrf- mond, who was admitted to refort to Mr. Murray? now a Prifoner in his Majefty's Goal of Newgate? committed to the faid Goal by an Order of this Houfe, was attending at the Door, and was defir- ous of giving the Houfe fome Information relating to the faid Mr. Murray. Dr. Lamond was called in, and at the Bar ac- quainted the Houfe, that he had this Day attended the faid Mr. Murray, that he apprehended him to have the Goal Diftemper coming upon him, and that he left him fo extremely ill, that, if he be not immediately removed from the Place of his pre- fent Confinement, there would be no pombility of faving him ; And then he withdrew. Ordered, That the faid Mr. Murray, committed by this Houfe clofe Prifoner to his Majefty's Goal of ( 305 ) of Newgate, in order to his forth coming, to abide fuch Orders as mould be made by this Houfe, in relation to the high and mod dangerous Contempt of the Authority and Privilege of this Houfe, com- mitted by the faid Mr. Murray, upon Wednefday the Sixth Day of February laft, be difcharged from his faid Confinement there, and delivered over into the Cuftody of the Serjeant at Arms attending this Houfe, in order to his the faid Mr. Murray*s forth coming, to abide fuch Orders as fhall be made by this Houfe, in relation to the faid Contempt, and. that Mr. Speaker do iffue his Warrants accord- ingly. Ordered, That a Phyfician to be appointed by Mr. Speaker, do attend the faid Mr. Murray, while in the faid Cuftody of the Serjeant at Arms attend- ing this Houfe, in order to give Satisfaction to the Houfe, from Time to Time, in relation to the State of the faid Mr. Murray*s Health, and that Mr. Speaker do iffue his Writs accordingly. Ordered, That no other Perfon be admitted to refort to the faid Mr. Murray, while in the faid Cuftody of the Serjeant at Arms attending this Houfe, except fuch other Perfon or Perfons as Mr. Speaker fhall from Time to Time think fit to au- thorife by his Warrant fo to do, upon proper Ap- plication to be made to Mr. Speaker for that Pur- pofe, and that Mr. Speaker be impowered to iffue his Warrants accordingly. Ordered, That the faid Mr. Murray, while in the faid Cuftody of the Serjeant at Arms attending this Houfe, be not allowed the Ufe of Pen, Ink, or Paper,' otherwife than as Mr. Speaker fhall from Time to Time think fit by his Warrant to autho- rife the fame, and that Mr. Speaker be impowered to iffue his Warrants accordingly. X 3 die ( 30S ) 3 die Jprilis, 1751. 19. Mr. Speaker informed the Houfe, that the Deputy of the Serjeant at Arms attending this Houfe, had fomething to communicate to the Houfe, relating to the Execution of the Orders Yefterday made, for removing Mr. Murray from his Majefty's Goal of Newgate^ into the Cuftody of the Serjeant at Arms; And the faid Deputy-ferjeant being called upon, acquainted the Houfe, that he did Yefterday com- municate to the Keeper of the faid Goal, Mr. Speaker's Warrant for removing the laid Mr. Mur- ray, and that being thereupon admitted to the faid Mr. Murray, he, the faid Deputy-ferjeant, did ac- quaint him with the Orders of the Houfe for his Kemoval ; but that his Phyfician Dr. Lamond being prefent, and giving it as his Opinion, that it might be very improper to remove the faid Mr. Murray that Night, and that it would be more advifeable to defer fuch Removal till the next Morning, he, the faid Deputy-ferjeant acquiefced therein, and accordingly did this Morning, together with Dr. Lamond, again attend the faid Mr. Murray, and told him, that he, the faid Deputy-ferjeant, was ready to execute the faid Warrants ; but that the faid Mr. Murray then faid, that he thought fuch Removal would be of little o* no Service to him ; and that as the Application to the Houfe was without his Knowledge, he chofe, if it could be permitted, to remain where he was ; and that he aifo requefted the faid Deputy-ferjeant to inform the Houfe, that he was extremely thankful for the Favour intended him; and that the faid Dr. La- mond likewife thought, that, as his Fever had left him fooner than he apprehended, it was the beft Way not to remove him, as nothing but Air and Exercife could be of real Service to him. And ( 307 ) And the faid Deputy-ferjeant being further ex* amined, alfo acquainted the Houfe, that he had found, from his Converfation with the faid Mr. Murray, that he had been informed of the Steps which had been taken for the faid Application to the Houfe; and that the faid Mr. Murray exprefTed great Uneafinefs thereupon, and ufed fome Words of Refentment towards one of his Relations, on Account of fuch Application being made ; faying, It was a mean 'Thing in him to apply to the Houfe y without his, the faid Mr. Murray 'j Confent. The Houfe was moved, that the Minutes of the Information given by Dr. Lamond Yefterday at the Bar of this Houfe, and of his Examination confe- quent thereupon, might be read ; And the fame were read accordingly. And the Houfe being informed, that the faid Dr. Lamond was attending at the Door, he was called in, and being examined at the Bar, gave the Houfe an Account in what Condition he found the faid Mr. Murray laft Night, with his Reafons for thinking it improper to have Mr. Murray re- moved at that Time ; and alfo acquainted the Houfe, that the faid Mr. Murray does not defire to be removed out of Newgate, unlefs he could have the Benefit of Air and Exercife, and was difTatisfied with the Application which had been made to this Houfe; and that he, the faid Doctor, does not now perceive any Symptoms of the faid Mr. Murray % having the Goal Diftemper, but thinks him much better than he was Yefterday, although far from being well ; And then he withdrew. Ordered, That the Orders made Yefterday for removing the faid Mr. Murray from his Majefty's Goal of Newgate, into the Cuftody of the Serjeant at Arms attending this Houfe, and the feveral Or- X 2 ders ( 308 ) ders fubfequent thereupon, relating to the faid Mr, Murray, be revoked. Ordered, That the faid Mr. Murray do remain in the fame Cuftody he was in, with the fame Or- ders in relation to him as were fubfifting Yefterday, before the fame revoked Orders were made. 20 dei Novembris, 1 751. 20. The Houfe was moved, that the feveral Re^ folutions and Orders of the Houfe relating to the Honourable Alexander Murray, Efq; made upon the Sixth Day of February laft, and contained in the Journals of the Houfe of the laft Seflions of Parliament, might be read accordingly. A Motion being made, and the Queftion being pro - pofed, That the Honourable Alexander Murray , Efq; who, on the Sixth of February, laft Seflion of Par- liament, was for dangerous and feditious Practices, in violation and contempt of the Authority and Priveleges of this Houfe, and of the Freedom of Elections, ordered by this Houfe to be committed clofe Priioner to his Majefty's Goal of Newgate* and was alfo at the fame Time ordered by this Houfe, to be brought to the Bar thereof, to receive his faid Sentence there upon his knees j and before the faid Sentence by him received, did, by a high and moft dangerous Contempt in him of the Au- thority and Privilege of this Houfe, and by per- (ifting in the fame, avoid the Execution of the faid Sentence, during the Remainder of the faid Seflion of Parliament, be now committed clofe Prifoner to his Majelty's Goal of Newgate, for the faid dan- gerous and feditious Practices, in violation and contempt of the Authority and Privileges of this Houfe, and of the Freedom of Elections. A Motion was made, and the Queftion being put That the Houfe do now adjourn -, It ( 309 ) It pafied in the Negative. Then the Queflion being put, That the honourable Alexander Murray, Efq-, who, on the Sixth Day of February, in the laft Seflion of Parliament, was, for dangerous and feditious Practices, in violation and contempt in him of the Authority and Privilege of this Houfe, and by perfifting in the fame, avoid the Execution of the faid Sentence, dur- ing the Remainder of the faid Seflion of Parli- ment, be now committed clofe Prifoner to his Ma- jefty's Goal of Newgate, for the faid dangerous and feditious Practices, in violation and contempt of the Authority and Privileges of this Houfe, and of the Freedom of Elections. It was refolved in the Affirmative. Ordered, That Mr. Speaker do iflue his War- rants accordingly. Refolved, That the faid Alexander Murray do receive the faid Sentence, for his now being com- mitted clofe Prifoner to his Majefty's Goal of New- gate, at the Bar of this Houfe upon his Knees. Ordered, That the Serjeant at Arms attending this Houfe, do take the faid Alexander Murray into his Cuftody, in order to his being brought to the Bar of this Houfe, to receive the faid Sentence. 2 5 dei Novembris, 1751. 21. Th« Serjeant at Arms attending this Houfe, being called upon to give an Account of what had been done in Execution of the Order of the Houfe of Wednefday laft, for taking into his Cuftody the honourable Alexander Murray, Efq; the Deputy of the faid Serjeant at Arms, to whom the faid Order was delivered, acquainted the Houfe, that diligent fearch had been made after the faid Mr. Murray, but that he could not be found. X 3 Refolved, ( 3»o ) Refolved, That an humble Addrefs be prefented to his Majefty, that he will be graciouQy pleafed to iffue his Royal Proclamation, for apprehending the faid Alexander Murray, with a Promife of a Reward for the fame. Ordered, That the faid Addrefs be prefented to Majefty by fuch Members of this Houfe, as are of his Majefty's moll Honourable Privy Council. llBepmout!) and ^eicombe ftegfo Jovis, 3 die Junii, 17 14. 1. Mr. Medlicott, (according to Order) report- ed, 65V. the Election for the Borough of Weymouth and Melcombe Regis, in the County of Dorfet, and the Resolutions of the Committee thereupon, £•?£, are as follow, viz. Refolved, That it is the Opinion of this Com- mittee, that thofe Perfons who had no Right of voting in the Election of Members to ferve in Par- liament for the Borough o£ Weymouth and Melcombe Regis, in the County of Dorfet, at Lady- day, One thoufand feven hundred and ten, and not claiming by Purchafe for a valuable Confederation, or by "Will, or by Defcent, fince that Time, had a Right to vote in the laft Election of Members to ferve in Parliament for the faid Borough. 2. Refohed, That it appearing to this Com- mittee, that divers fcandalous and illegal Practices have been lately carried on in the Borough of Wey- mouth and Melcombe Regis, in the County of Dorfet, to multiply Votes in order to the laft Election of Members to ferve in Parliament, it is the Opinion of this Committee, that all fuch Perfons whofe Votes were not admitted at the Determination of the ( 3ii ) the laft contefted Election in Parliament, for the faid Borough, and who have not acquired a Right by Defcent or Devife fince that Time, had a Ricrfit of voting in the laft Election of Members to fervc in Parliament for the faid Borough. 3. Refohed, That it is the Opinion of this Com- mittee, that no Freeholders of the Borough of Weymouth and Mdcombe Regis, in the County of Dorfet, made fince the Election of Burgefies to ferve in Parliament for the faid Borough, in April, One thoufand feven hundred and eleven, unlefs claiming by Devife or Defcent, had any Right of voting in the laft Election of Members to ferve in Parliament for the faid Borough. 4. Refohed, That it is the Opinion of this Com- mittee, that all Conveyances to fplit and divide the Intereft in any Houfes or Lands in the Borough of Weymouth and Melcombe Regis, among feveral Per- fons, in order to multiply Voices at the Election of Members to ferve in Parliament for the faid Bo- rough, are illegal and void. Here follow feven other Refolutions, who are, and who are not duly elected, &c.for, N.B. this Borough fends four Members, it having been two Boroughs for- merly. The firft and fecond Refolutions being feverally read a fecond Time, were, upon the Queftion fe- verally put thereupon, difagrced unto by the Houfe. The Reft of the faid Refolutions being feverally read a fecond Time, were, upon the Queftion fe- verally put thereupon, agreed unto by the Houfe. x 4 tfeijftcfmrck ( 3i2 ) i. Mar its, 21 die Decembris, 1708. Refoked, That the Right of electing Burgeffes to ferve in Parliament for the Borough of Whit' churchy in the County of Southampton, is in the Freeholders only of Lands or Tenements, in Right of themfelves, or their Wives, not fplit fince the A£t of the feventh and eighth Years of the Reign pf King William. mm, 1. Sabbati, 28 die Novembris, 1702. Refolved, That the Ejection of any Perfon to be £ Burgefs of Wilton, in the County of Wilts, who has not taken the Sacrament of the Lord's Supper, according to the Rights of the Church of England, within one Year before fuch Election, is a void Election. HBfncfjelfeeu 1. Jovis, 7 die Februarii, 17 n. Refolved, That the Freemen of the Port of Win- chelfea, are not obliged to qualify themfelves hy receiving the Sacrament according to the Corpo- ration-Ac]:. 1. Jovis, 4 die Novembris, 1680. Refolved, That in the jtorough of New-Windfor, thole Inhabitants only who pay Scot and Lot, have Right ( 3*3 ) Right to vote in the Election of Burgeffes to ferve in Parliament for the faid Borough. 2. Sabbati, 17 die Maii, 1690. Refolded, as the Opinion of the Committee, That the Right of electing BurgefTes to ferve in Parlia- ment for the Borough of New-Windfor, is in the Mayor, Bailiffs, and felect Number of BurgefTes only. The Queftion being put, that the Houfe do agree with the Committee in the faid Refolution, Jt pafTed in the Negative. 3. Sabbati, 5 die Aprilis, 1697. Refolved, That the Mayor, Bailiffs, and Bur- gefTes of New-Windfor, have not the Right of electing Members to ferve in Parliament for the laid Borough. 4. Refolved, That the Borough, of New-Windfor hath a Right to fend BurgefTes to Parliament by by Prefcription. 5. Refolved, That all the Inhabitants of the faid Borough have the Right of electing Members to ferve in Parliament for the faid Borough. 6. Jovis, 23 die Maii, 1737. On a Hearing for New-Windfor. The (landing Order made on the fixteenth of January, One thoufand- feven hundred and thirty- five, for restraining Counfel from offering Evidence touching the Legality of Votes contrary to the laft: Determination of the Houfe of Commons, was read. And 7. The laft Determination of the Houfe con- cerning the Right of electing BurgefTes to ferve in Parliament ( 3M- ) Parliament for the faid Borough, made the fourth Day of November, One thoufand fix hundred and eighty, which was then refolved to be in thofe In- habitants only who pay Scot and Lot, was alfo read. UBittteiTeSu See Evidence. i. Mercuric 12 die Martis, 1700. Refolved, That it appears that Mr. Lawton is guilty of tampering with Witnefles, and endea- vouring to fupprefs the Evidence to be given con- cerning the corrupting the Electors for the faid Bo- rough (Br amber in Suffex.) Ordered into Cujlody for the faid Offence. 2. Jovis, 13 die Martii, 1700. Refolved, That Samuel Sheppard, fenior, Efq; is guilty of fending out of the way a Witnefs, and endeavouring to fupprefs the Evidence touching Matters under the Examination of this Houfe. 3. Jovis, 28 die Aprilis, 17 15. At the further hearing the Merits of the Election For the Borough of Shaftesbury, in the County of Dorfet, — — the Counfel for the Petitioners pro- ceeded to give Evidence touching the corrupting of Votes for the fitting Member; and alfo touch- ing fuch Perfons as had a Right to vote, but were reiuied to be admitted for the'Petitioners. After which the fitting Member's Counfel pro- ceeded to call Witnefles, to juftify the Voters ob- jected againft by the Petitioner's Counfel. And Edward Grimjied, fenior, being called in to prove the Qualification of Richard Hay ter (who had 4 been ( 315 ) been objected againft by the Petitioner's Counfel) to vote at the faid Election. And the Petitioner's Counfel objecting againft his being examined as a Witnefs, in regard that the faid Edward Grimjled was charged, by the Peti- fioner's Evidence, with having endeavoured to corrupt fome Perfons to vote for the fitting Mem- bers, the Counfel on both fides were heard, touch- ing the faid Objection 5, And then he withdrew. Refohed, That the Counfel for the fitting Mem- bers be admitted to examine Edward Grimjled, fe- nior, as to Richard Hayter's being qualified to vote at the late Election of Members to ferve in Parlia- ment for the Borough of Shaftesbury. 4. Robert Brickie, being called to prove the Qualification of Abraham Buckland (who had been objected againft by the Petitioner's Counfel to vote at the faid Election -, and the faid Robert Brickie be- ing objected againft by the Petitioner's Counfel, in regard that he had been charged by the Petitioner's Evidence with having endeavoured to fuborn a Perfon to give, falfe Evidence to this Houfe ; the Counfel, &c. And a Motion being made, and the Queftion being put, that the Counfel for the fitting Mem* bers, be admitted to examine Robert Brickie as to Abraham Buckland*?, being qualified to vote at the late Election of Members to ferve in Parliament for the Borough of Shaftesbury. It pafled in the Negative. 5 . Mart is, 24 die Maii, 1 7 1 5. The Houfe (according to order) proceeded to the further hearing the Merits of the Election for the Borough of Hertford: And one Thomas Webb being offered to be examined as a Witnefs, the fitting Member's . ( f* ) Member's Counfel objected againft his being exa- mined, for that he was charged by the fitting Mem- ber's Evidence to have endeavoured to procure a Vote for the Petitioners by Corruption, at the laft Election, and had reflected on the Juftice of this Houfe. Refolved, That the Petitioners Counfel be ad- mitted to examine Thomas Webb, in relation to John Bowles's being an Inhabitant of the ' Borough of Hertford, at the Time of his being made Free. 6. Jovis, 2 die jfunii, 1 7 1 5. The Houfe proceeded to the further hearing the Merits of the Election for the Borough of New- caftle Under-line, and the Counfel, &V. And one Ralph Mare being offered as a Witnefs to prove the diftributing Wheat, and Money in- itead thereof, to the BurgeiTes, The Petitioners Counfel objected againft his be- ing examined as v a Witnefs, for that he was charged by the Petitioners Evidence with having confeiTed he had thirty Shillings to come up to be a Wit- nefs. Refolved, That the fitting Member's Counfel be admitted to examine Ralph Mare as a Witnefs, touching Wheat being diftributed at the Borough of Newcajlle Under -line. 7. The Petitioner's Counfel replied, and called one Samuel Lowe to be examined as a Witnefs touching a Declaration made by the Petitioner Mr. Offley, before her late Majefty's Death, of his In- tention to diftribute Wheat, and the fitting Mem- ber's Council objected againft his being examined as a Witnefs, he being charged by the fitting Member's Evidence to have diftributed the faid Wheat. Refolved, ( 3*7 ) Refolved, That the Counfel for the Petitioners be admitted to examine Samuel Lowe, in relation to the Wheat distributed at the Borough of Newcajlk Under-line. i. Mart is, 16 die Martii, 17 13. Refohed, That the Right of electing Members to ferve in Parliament for the Borough of New- Woodjlock, in the County ofOxon, is in the Mayor, Aldermen, and Freemen of the faid Borough. ^otton^airet; 1. Jovis, 2 die Decembris, 1742. The Houfe being informed that the Petition of Nicholas Robin/on, Efq; complaining of an undue Election and Return for the Borough of Wotton- Bajjet, in the County of Wilts, prefented to the iioufe on Tuefday !aft, and referred to the Confi- deration of the Committee of Privileges and Elec- tions, is not figned by the Petitioner. Ordered, That it be an Instruction of the faid Committee, that, before they proceed on the faid Petition, they do examine into the Manner of fign- ing the fame, and make report thereof to the Houfe. 2. Veneris, io die Decembris, 1742. Ordered, That Nicholas Robin/on, Efq; be at liberty to withdraw his Petition complaining of an undue Election and Return for the Borough of Wotton-Bajjet, in the County of Wilts. Ordered, That the Committee of Privileges and Elections, be difcharged from Proceeding upon the Matter of the faid Petition. Ordered, ( 3i8 ) Ordered, That the ("aid Commiree be difcharged from examining into the Matter of figning the laid Petition. 1 1 die Februarii, 1 747. 1, Refolved, That the Right of Election for the City of Worcefter, is in the Citizens of the faid City, not receiving Alms, and admitted to their Freedom by Birth or Servitude, or by Redemption, in o'rdtlrto Trade within the faid City. £atttt0Utl) ? in the Ifle of Wight. 1. JoviSy 11 die Jprilis, 17 17. Refolved) That the Bye-Law made the twenty - firft of September, One thoufand fix hundred and feventj^by the Mayor and five chief BurgefTes of Yarmouth, in tht Ifle. of Wight (being the major Part of the chief BurgefTes then exifting) for elect- ing free Burgefles, by the Mayor and five chief BurgefTes, was a good Bye-Law. £0$ and go$Qfre* 1. Mart is, 9 die Martii, 1735. Refolved i *'-That Perfons whofe Freeholds lie with^Mtfjiat^Pa^of^the County of the City of York, whicha^commonly called the Aynfly, have a Right to vote\or Knights of the Shire lor the County of -vi ■-.„., York. The \ ( 3i9 ) The following Votes are not Jlanding Orders, but of late Tears have been voted at the beginning of every Sejfion. i. Ordered, That a Committee of Privileges and Elections be appointed. And a Committee was appointed accordingly. And they are to meet upon this Day fe'nnight, ati five of the Clock in the Afternoon, in the Speaker's Chamber, and to fit every JVednefday, Friday, and Monday, in the Afternoon •, and all that come are to have Voices ; and they are to take into Confide- ration all fuch Matters as (hall or may come in Queftion, touching Returns, Elections and Privi- leges, and to proceed upon Double Returns, in the firft Place, and to report their Proceedings, with their Opinions thereupon, to the Houfe, from time to time; and all Perfons that will queftion any Returns,, are to do it within fourteen Days next, and fo within fourteen Days next after any new Re- turn mall be brought in; and the Committee are to have power to fend for Perfons, Papers, and Re- cords, for their Information ; and all Members who are returned for two or more Places, are to make their Election by this Day three Weeks, for which of the Places they will ferve, provided there be no Queftion upon the Return for that Place ; and if any Thing (hall come in Queftion, touch- ing the Return, Election, or Matter of Privilege of any Member, he is to withdraw during the Time the Matter is in Debate, and that all Mem- bers returned upon Double Returns do witHdraw till their Returns are determined. 2. Refolved, That qo Peer of this Realm hath any Right to give his Vote in the Election of any Member to ferve in Parliament. 3. Refolved, That when the Houfe fhall judge any Petition, touching Elections, to be frivolous and ( 3*<> ) and vexatious, the Houfe will order Satisfaction to be made to the Perfon petitioned againft. 4. Refolved, That if it mall appear that any Per- fon hath procured himfelf to be elected or returned a Member of this Houfe, or endeavoured fo to be, by Bribery, or any other corrupt Practices, this Houfe will proceed with the utmoft feverity againft fuch Perfon. 5. Refohed, That if it mail appear that any Per- fon hath been tampering with any Witnefs in re- fpect of his Evidence to be given to this Houfe, or any Committee thereof, or directly or indirectly hath endeavoured to deter or hinder any Perfon from appearing or giving Evidence, the fame is declared to be a high Crime and Mifdemeanor, and this Houfe will proceed with the utmoft Severity againft fuch Offender. 6. Refolved, That if it lhall appear that any Per- fon hath given falfe Evidence in any Cafe before this Houfe, or any Committee thereof, this Houfe •will proceed with the utmoft feverity againft fuch Offender. APPENDIX. t J2i ) APPENDIX. Warrant for ijfuing Parliamentary pprits* GEORGE the Third, by the Grace of God of Great Britain^ &c. To our right trufty* and right well beloved Charles Lord Camden, Lord High Chancellor of our Kingdom of Great Britain^ greeting, Whereas, we by the Advice of our Privy Council, for certain and urgent Caufes con- cerning Us, the good Eftate and Commonwealth of this our Realm, and of the Church of England, and for the good Order and Continuance of the fame, have appointed and ordained a Parliament to be holden at our City oiWejlminfter, the Day of next enfuing, in which Cafe diverfe and fundry Writs are to be ifllied forth* under our Great Seal of Great Brit ain, as well for the Prelates* Bifllops, and Nobility of this our Realm, as alfo for the Election of Knights, Citi- zens, and Burgefles of the feveral Counties, Cities, Y . and ( 3*2 ) arret Boroughs, and Towns of the fame, to be prefent at the faid Parliament at the Day and Place afore- foid; whereupon We will, and command you forth- with, upon the Receipt" hereof, and by Warrant of the fame, to caufe fuch, and fo many Writs to be made, and fealed under our Great Seal, for the ac- compliihing of the fame, as in like Cafes hath been heretofore ufed and accuftomed : and this Bill figned with our own Hand, fhall be as well unta you, as to every fuch Clerk and Clerks as fhall make and pafs the fame, a fufficient Warrant or Difcharge in that behalf given. N°. II. Writ of Summons* George the Third, by the Grace of God of Great "Britain, &c. to his moft noble Coufin, Hugh, Duke ©f Northumberland, &c. greeting, in as much as* by the Advice and Confent of our Privy Council, We have ordained our Parliament to be held at our City of Weftminfter, on the Day of next enfuing, by reafon of fome arduous and urgent Affairs concerning Us, the State, and Defence of ©ur Kingdom of Great Britain, and Church of England, to have Conference and Treaty with you and the Prelates, Bifhops, and Peers of our faid Kingdom, We firmly injoin you, upon the Faith and Allegiance in which you are bound to Us, thas taking into Confederation the Weightinefs of the laid Affairs, and the eminent Dangers, laying afide all Excufe, you be perfonally prefent on the faid Day and Place, with Us, and the Prelates, Bifhops, and Peers aforefaid, to treat and giv3 your Advice on the faid Affairs, and this you are in no wife to omit, as you love Us, our Honour and Safety* and the Deience of the aforefaid King- djiti* ( in y atom and Church, and the Difpatch of the afore- said Affairs : Witnefs Ourfelf at Wejlminjler, the Day. of iii the Year of our Reigri. N°. Ill, The Form of t he Oath of Allegiance appointed by ftat. i W. &M. ch. i. fed, 6. • I A. B. do fincerely promife and fwear, that I will be faithful, and bear true Allegiance to their Majefties King William and Queen Mary, So help me, God. N°. IV. The Form of the Oath of Supremacy appointed by the fame ftat. fe<5fc. 7. I A. B. do fwear, that I do from my heart abhor, deteft and abjure, as impious and heretical, that damnable DocVine and Pofition, That Princes ex- communicated or deprived by the Pope; or any Autho- rity of the See 0/ Rome, may be depofed or murdered by their Subjects, or any other whatsoever. And I do declare that no foreign Prince, Perfon, Prelate* State, or Potentate, hath, or ought to have, any Jurifdictiori, Power, Superiority, Pre-eminenca, or Authority, Ecclefiaftical or Spiritual, within this Realm. So help me* God; Y 3 Numb, ( ZU ) The Form of the Declaration or Tejl, appointed hy flat. 30 ch. 2. flat. 2\ ch. 1. feet. 3. I y/. B. do fblemnly and fincerely, in the pretence of Gc^, profefs, teftify, and declare, That I do believe that in the Sacrament of the Lord's Supper, there is not any Tranfubftantiation of the Elements of Bread and Wine, into the Body and Blood of Chrifiy at or aftdr the Confecration thereof by any Perfon whatfoever \ and that the Invocation or Adoration of the Virgin Mary, or any other Saint, and the Sacrifice of the Mafs, as they are now ufed in the Church of Rome y are fuperflitious and idolatrous •, and I do folemnly, in the prefence of God, profefs, teftify, and declare, that I do make this Declaration, and every Part thereof, in tks plain and ordinary Senfe of the Words read unto me, as they are commonly understood by Englijfj Proreftants, without any Evafion, Equivocation, or mental Refervation whatfoever, and without any Difpenfation already granted me for this Purpofe by the Pope, or any other Authority or Perfon "whatfoever, or without any hope of any fuch Dif- penfation from any Perfon or Authority whatfoever, or without thinking that I am or may be acquitted before God or Man, or abfolved of this Declaration, or any Part thereof, although the Pope or agy other Perfon or Perfons, or Power whatfoever, mould difpenfe with or annul the fame, or declare that it was nulor void from the beginning. N ft . N°. VI. ^he Form of the Declaration of Fidelity \ appointed to be made and fubfcribed by Quakers, by ftat. 3 Geo. 2. ch. 6. fed. i. I A. B. do folemnly and fincerely promife and declare, That I will be true and faithful to King George, and do folemnly, fincerely, and truly pro- fefs, teflify and declare, That I do from my Heart abhor, deteft and renounce, as impious and here- tical, that wicked Doctrine and Pofition, That Princes excommunicated or deprived by the Pope, or any Authority of the See 0/Rome, may be depofed or murdered by their Subjecls, or any other whatsoever. And 1 do declare, that no foreign Prince, Perfon, Prelate, State, or Potentate, hath or ought to have, any Power, Jurifdidion, Superiority, Pre- eminence, or Authority, Ecclefiaftical or Spiritual, within this Realm. N?. VII. &be. Form of the Abjuration, as altered by ftat. r. Geo. ftat. 2. ch. 13. fed:. 1. to be taken after the Demife of the late Queen, and as the fame is now to be taken. I A.B. do truly and fincerely acknowledge, profefs, teftify, and declare in my Confcience, before G^and the World, That our Sovereign Lord King George is lawful and rightful King of this Realm, and all other his Majefty's Dominions and Countries there- unto belonging. And I do folemnly and fincerely declare, that 1 do believe in my Confcience, that the Ferfon pretended to be Prince of Wales during Y 3 the ( iN ) £he Life of the late K. James, and fince his Deceafe ? pretended to be, and taking upon himfelf the Stile iand Title of King of England, by the Name of James the Third, or of Scotland, by the Name of James the Eighth, or the Stile and Title of King of Great Britain, hath not any Right or Title whatfoever to the Crown of this Realm, or any other the Dominions thereto belonging : And I do renounce,' refufe and abjure any Allegiance or' Obedience to him. And I do {wear that I will bear Faith and true Allegiance to his Majefty King George, and him will defend to the utmoft of my Power, againft all traiterous Confpiracies and At- tempts whatfoever, which mall be made againft his Perfon, Crown, or Dignity. And I will do my utmoft Endeavour to difcloie and make known to his Majefty and his Succefiofs, all Treafons and traiterous Confpiracies which I fhall know to be againft him, or any of them. And I do faithfully promife to the utmoft of my Power, to fupporr, maintain, and defend the SuccefFion of the Crowd againft: him the faid James, and all other Perfons whatfoever ; which SnccefTion, by an AcT:, in- titled, An Acl for the further Limitation of the Crown and better fecuring the Rights and Liberties; of the Sybjecl, is and ftands limitted to the Prin- cefs Sophia, Eleclrefs and Dutcbefs Dowager of Hanover, and the Heirs of her Body, being Pro- tectants : and all thefe Things I do plainly and fin- cerely acknowledge and fwear, according to thefe exprefs Words by me fpoken, and according to the plain and common fenfe and underftanding of the fame Words, without any Equivocation, mental Evafion, or feeret Refervation whatfoever : and I do make this Recognition, Acknowledgement, Abjuration, Renunciation, and Promife, heartily, willingly, and truly, upon the true Faith of 3 phnftian. ' . So help me God. V NO. i 3*7 ) N<>. VIII. The Form in which the Effec! of the Abjuration Oath is to be taken by Quakers , appointed by ft at. &. Geo. ch. 6. feci:, i. 1 A. B. do folemnly, fmcerely, and truly ac- knowledge, profefs, teftify, and declare, That King George is lawful and rightful King of this Realm, and of all other his Dominions and Coun- tries thereunto belonging: and I do folemnly and fincerely declare, That I do believe the Perfon pre- tending to be the Prince of Wales, during the Life of the late King James, and fince his Deceafe, pre- tending to be, and taking upon himfelf the Stile and Title of King of England, by the Name of James the Third, or of Scotland, by the Name of James the Eighth, or the Stile and Title of King of Great Britain, hath not any Righ: or Title whatfoever to the Crown of this Realm, nor any other the Dominions thereunto belonging : and I do renounce and refufe any Allegiance or Obedi- ence to him : and I do folemnly promife, that I will be true and faithful, and bear true Allegiance to King George, and to him will be faithful againft all fxaiterous Confpiracies and Attempts whatfo- ever, which fhall be made againft his Perfon, Crown or Dignity^: and 1 will do my beft endea- vour to difclofe and make known to King George^ and his Succefibrs, all Treafons and traiterous Con- fpiracies which I fhall know to be againft him or any of them : and I will be true and faithful to the SuccefTionof the Crown againft him the faid James, and all other Perfons whatfoever, as the fame is and (lands fettled by an Act, intitled, An Aft de- claring the Rights and Liberties of the Subjeffs, av.d fettling the Suaeffon of the Crown to the late Queen Y 4 Anns* ( 328 } 'rfnne, and the Heirs of her Body, being Protef* tants ; and as the fame, by one other Act, intitled, An 4ft for the further Limitation of the Crown, and better fecuring the Rights and Liberties of the Si(bjeeJ f is, and ftands fettled and intailed, after the De- ceafe of the faid late Queen, and for Default of Jfiue to the faid late Queen, to the late Princefs Sophia, Eleclrefs and Dutchefs Dowager of Ha-> pover, and the Heirs of her Body, being Protef- tants : and all thefe Things I do plainly and fin- cerely acknowledge, promife, and declare, accordr ing to thefe exprefs Words by me fpoken, and ac- cording to the plain and common Senfe and under-? {landing of the fame Words, without any Equivo-, cation, mental Evafion or fecret Referyation what- foever : and I do make this Recognition, Acknowr ledgment, Renunciation, and Promife, heartily^ willingly and truly. N9. IX. 5The Form appointed by flat. 8 Geo. ch. 6. fed. i, in which the Effecl of the Freeholder's Oath is to he adminijtered to Qyakers. I A. B. do folemnly, fincerely, and truly, de* clare and affirm. N°. X. *£he Liverymens Oath appointed by n Geo. ch. i8 ? ' feet i. Ypu dp fwear that you are a Freeman of London^ and a Liveryman of the Company of and fo have been fpr the Space of twelve Calendar Months $ and that the Place of your Abode is a,t in and that you have npf ppjled at this Election : So help you, God. ( 329 J N°. XL ?be Elisor's Oath to be taken by 2 Geo. 2. ch. 24.; fed. 1. I A. B. do fwear (or, being one of the People called Quakers, / A. B. do folemnly affirm) I have not received, or had by myfelf, or any Perfon whatfocver in truft for me, or for my Ufe and Be- nefit, directly or indirectly, any Sum or Sums of Money, Office, Place or Employment, Gift or Reward, or any Promife or Security for any Money, Office, Employment or Gift, in order to give my Vote at this Election ; and that I have not before been polled at this Election, N°. XII. The Freeholders Oath, appointed by 18 Geo. 2. ch. 18. feet. 1. You mall fwear, (or being one of the People called Quakers, you fhall folemnly affirm) That you are a Freeholder in the County of and have a Freehold- eftate, confuting of (fpecifying the Nature of fuch Freehold-ejlate, whether Mef- fuage, Land, Rent, Fythe, or what elfe ; and if fuch Freehold-ejlate confifts in Meffuages, Lands, or Tythes, then fpecifying in whofe Occupation the fame are ; and if in Rents, then fpecifying the Names of the Owners or Poffeffors of the Lands or 'Tenements, out of which fuch Rent is iffuing, or of fome or one of them) lying pr being at in the County of of j|ie clear yearly Value of forty Shillings, over and ( ZP I «nd above all Rents and * Charges payable out of, or in refpect of the fame •, and that you have been in the actual Pofleflion or Receipt of the Rents and Profits thereof, for your own Ufe, above twelve Kalendar Months, or that the fame came to you within the Time aforefaid, by Defcent, Marriage, Marriage-fettlement, Devife, or Promotion to a Benefice in a Church, or by Promotion to an Of- rice ; and that fuch Freehold -eftate has not been granted or made to you fraudulently, on purpofe co qualify you to give your Vote^ and that the Place of your Abode is at in and that you are twenty- one Years of Age, as you believe •, and that you have im been polled before at this Election. N°. XIII. The Freeholders Oath for Cities and Towns ', appointed by 19 Geo* 2* ch. 28. feet 1. You mail fwear, (or being a Quaker, you jhall fclemnly affirm) that you have a Freehold-eftate, confiding of . (fpecifying the Nature of fuch Freehold*ejlate, whether MeJJuage, Land, Rent, Tythe, or what elfe ; and if fuch Freehold- eft ate ', confijls in Meffuages, Lands, or Tythes, then fpe- cifying in wkofe Occupation the fame are, and if Rent, then fpecify* ng the Names of the Owners or Poffeffors of the Lands or 'Tenements, out of which fuch Rent is tffuing, or of fome or one of them) lying or being in the City and County, or Town and County {as the * No public or parliamentary Tax, Church or Parifti Rat«, or any other Tax to be aflefied upon any County or Divifion, fhall be deemed any Charge payable out of any Freehold- eftate within the Meaning of this Oath, or Affirmation. Id. fe#. 6. e §i&i fame my be) of of the clear yearif Value of forty Shillings, over and above all Reno and Charges payable out of, or in refpect of the fame-, and that you have been in the actual Pof- jfefiion or Receipt .of the Rents and Profits thereof, lor your own Ufe, above twelve Kalendar Months; or that the fame came to you within the Time aforefaid, by Defcent, Marriage, Marriage-fettle- ment, Deviie, or Promotion to a Benefice in a Church, or by Promotion to an Office •, and that fuch Freehold-eftate has not been granted or made to you fraudulently, on Purpofe to qualify you to give your Vote •, and that the Place of your Abode is at in and that you are twenty-one Years of Age, as you be- lieve; and that you have not been polled before at this Election. N°. XIV. JVrit for new Ekftion of one Citizen for the City of Weftminfter. George the Third, by the Grace of God, of Great Britain, France, and Ireland, King, Defender of the Faith, &c. To our Sheriff of the County of M. greeting : Whereas Sir P. W. Knight, of the mod Honourable Order of the Bath, was lately chofen one of the Citizens for the City of W. in your County, for our prefent Parliament, fummoned to be holden at our City of W. the Day of in the Year of our Reign, and from thence by our feveral Writs prorogued to and until the Day of in the fame Year, on which Day our faid Parliament was begun and held, and from thence by feveral Adjournments and Prorogations, m '( m > Vas adjourned and prorogued unto the Day of and there now holden : And whereas the faid Sir P. W. being fb chofen a Citizen for the faid City as aforefaid, is fince dead, as by a Letter of our right trufty and well-beloved counfellor Sir J. C. Baronet, Speaker of our lower Houfe of Parliament, more fully and plainly appears, by Means whereof our Subjects of the laid City are deprived of one Citizen to treat for the Benefit of the fame City in our faid Parliament; Neverthelefs, We being unwilling that the Com- monalty of our Kingdom in our faid Parliament affembled, to treat of Bufinefs concerning Us, the State, and Defence of our Kingdom and the Church, from the aforefaid Caufe mould be diminifhed or kifened, whereby thole Affairs may not have a due End, We command you, that in the Place of Sir P. }V, within the City aforefaid, one other fit and difcreet Citizen of the aforefaid City (Procla- mation being firft made of the Premifes, and of the Day and Place) freely and indifferently, by thofe who fhall be prefect at the Proclamation, according to the Form of the Statute in that Cafe made and provided, you caufe to be elected, and the Name of fuch Citizen (whether at the faid Election he fhall be prefent or abfent) to be in- ferted in certain Indentures to be thereupon made between you and them, who fhall be prefent at fuch Election, and to caufe him ro come to the faid Parliament, lb that the lame Citizen lb to be elec- ted, may have full Power and lufficient Authority, for himfelf and the Commonalty of the aforefaid City, to do and confent to thofe Things which in our Pailiament aforefaid, by the CommonTCouncil of our Realm, (by the Eleffing of God) (hall hap- pen to be ordained upon the aforefaid Affairs ; willing, neverthelefs, that neither you nor any other §herij? in phis our Kingdom in anywife be elected, 804 ( 333 ) and tile Election fo made, diftinctly and openly un^ der your Seal, and the Seals of them who fhall be prefent at fuch Election, certify unto us in our Chancery forthwith, remitting to Us one Part of the aforefaid Indentures annexed to thefe Prefents, together with this Writ. Witnefs ourfelf at Weft- minfter, the Day of in the Year of our Reign. Torke and Torke, yirote upon the Label to the faid Writ as follow- ing, viz. To the Sheriff of the County of M. A Writ for a new Election of one Citizen for the City of W, Torke and Torke. tThe Execution of this Writ in certain Schedules hereunto annexed. Sir C. A. Knight, ^ and ( Sheriff. Sir R. C. Knight, i N°. XV. Precept from Sheriff of M. to the Bailiff of W. for the Eleclion of one Citizen for the faid City. Middlefex, Sir C. A. Knight, and Sir R. G. Knight, Sheriffs of the laid County, to the Bailiff of the Liberty of the Dean and Chapter of the collegiate Church of St. Peter, at W. in the faid County, greeting. Know that I have received a certain Writ of our Lord the King to me directed, the Tenor whereof followed*, [here follows the Writ ( 334 > Itfrit verbatim] and becaufe the Execution oF thi faid Writ belongs to you, therefore by virtue of the faid Writ, 1 require you, that you forthwith' caufe a Citizen to be elected for the faid City in the Place of the faid Sir P. W. according to the Command of the faid Writ; and how this my Warrant mall be executed you mail make known to me immediately after the faid Election made, fo that I may certify the fame, together with the faid Writ, and this Precept return to our Lord the King in his Chancery forthwith. Hereof fail n»t: This is your Warrant. Given under the Seal of my Office, dated the Day of One thoufand feven hundred and . v C. d.% and {Sheriff. R. G.J The Execution of this Precept appears in a certain Schedule here under annexed. J. C. Efq; Bailiff. N°. XVI. The Indenture of EkRion. This Indenture made in the Liberty <$W. in the County of M. the Day of in the Year of the Reign, &c. Between Sir C. A. Knight* and Sir R. G. Knight, Sheriff of the County of M. aforefaid, of the one Part, and J. C. Efq; Bailiff of the Liberty of the Dean and Chapter of the Collegeate Church of Saint Peter's JV. in the County aforefaid, Sir J. C. Baroner, Sir R. G. Baronet, Sir C> D, Knignt of the moft ho- nourable C 335 ) inourable Order of the Bath, the Hon. W. L. G. £ F. R. Baronet, the Right Hon. R H. commonly called Lord VifcountD. F. F. and JV. H.-Efqs; F. F- Efqj Sir W. I. Baronet, C. B. Efq-, J. G. Efq> and many other Citizens, Burgeffes and Inhabitants of the City, Town and Borough of W. of the other Part, witnejfetb, That by Virtue of a certain Pre- cept directed from the faid Sheriff to the Bailiff, and fewed to this Indenture, (Proclamation of the Premifes in faid Precept firft mentioned, and of the Day and Place, as in the faid Precept is directed, firft being made) the Citizens who were prefent at the faid Proclamation, have freely and indifferently, according to the Form of the Statute in that Cafe made and provided, and according to the Tenor and Effect of the aforefaid Precept, and of the Writ in the faid Precept recited, chofen one Citi- zen of the molt difereet and fufficicnt of the City and Liberty aforefaid (that is to fay) the honour- able E. C. Efq-, to which faid E. C. fo elected, the aforefaid Citizens have given and granted full and fufficient Power for themfelves and the Common- alty of the City, Town, Borough, and Liberty aforefaid, to do and confent to thofe Things, which at the faid Parliament by the Common Council of the faid Kingdom (with God's Affift- ance) fhall happen to be ordained upon the Affairs in the faid Precept fpecified, according to the Form and Effect Of the faid Precept. In witnefs whereof, as well the faid Sheriff as the aforefaid Bailiff, Citizens, Burgeffes and Inhabitants of the Cityj Town, Borough and Liberty aforefaid, to thefe Indentures their Seals have interchangeably put, the Day and Year firft above-mentioned. e°< ( 33* ) "1 N°. XVII. The Form of the Candidates Oath to be taken {if ri* quired) by ftat. 9. An. ch. 5. feet. 5. I A. B. do fwear, That I truly, and bona fide; have fuch an Eftate in Law or Equity, to and for my own Ufe and Benefit, of or in Lands, Tene- ments, or Hereditaments, (over and above what will fatisfy and clear all Incumbrances that may affect the fame) of the annual Value of Six hundred Pounds, above reprizes, as doth qualify me to be elected and returned to ferve as a Member for the County of according to the Tenor and true Meaning of the Act of Parliament in that Behalf; and that my faid Lands, Tenements or Hereditaments, are lying or being within the Pa- rifh, Townfhip, or Precinct of , or in the feveral Parifhes, Townfhips, or Precincts of in the County of or in the feveral Counties of (as the Cafe may be.) TheTike Oath (mutatis mutandis) as to the Va- lue of Three hundred Pounds, to be taken by Candidates for a City, Borough, &c. N°. XVIII. Vath of the Members, appointed to be taken by 23 Geo. 2. ch. 20. feet. 1. I A. B. do fwear, That I truly, and bonafide % have fuch an Eftate in Law or Equity, and of fuch Value, and to and for my own Ufe and Benefit, of or in Lands, Tenements, or Hereditaments, over and above what will fatisfy and clear all In- cumbrances ( 337 ) fciirhbrartces that may affect the fame, as doth qud* lify me to be elected and returned to ferve as Mem- ber for the Place I am returned for, according td the Tenor and true Meaning of the Acts of Parlia- ment in that Behalf; and that fuch Lands, Tene- ments or Hereditaments, do lie as defcribed in the Paper or Account figned by me, and now delivered to the Clerk of the Houfe of Commons. So help me, God. fr°. XIX. Account to he figned by every Member •, by flat. 33* Geo. 2. ch* 20. I A. B. of am really and bond fide feized of an Annuity or Rent Charge, for my own Ufe and Benefit, of the clear yearly Value of forty Shillings, above all Rents and Charges pay- able out of the fame, wholly ifluing out of Free- hold Lands, Tenements or Hereditaments, belong- ing to C. D. of fituate lying, and being in the Parifh, Townfliip or Place, or in the Parilhes, Townlhips or Places of E. in the County of without any Truft, Agreement, Matter or Thing, to the contrary notwithstanding > and /, or the Perfon or Perfons under whom / claim, was or were feized of the faid Annuity or kent Charge, before the firft Day of June, One thouiand feven hundred and fixty-three. U*. < M* > N°. XX. By the KIN G, A PROCLAMATION*. GEORGE R. Whereas James Earl of Moray, and 7^« Earl of Myndford, were duly elected and returned to be t wo- of the fixteen Peers of Scotland, to fit in the Houfe Peers, in the prefent Parliament of Great Britain, are fince deceafed ; in order to the electing two other Peers of Scotland, to fit in their Room, We do, by the Advice of our Privy Council, iflue forth, this Proclamation, ftrictly charging and command- ing all the Peers of Scotland, to aflemble and meet at Holy-rood-houfe in Edinburgh, on Tburfday the firft Day of Oclober next, between the Hours of twelve and two in the Afternoon, to nominate and choofe two other Peers of Scotland? to fit and vote in the Houfe of Peers of this prefent Parliament of Great Britain, in the Room of the faid James Karl of Moray, and John Earl of Hyndford, deceafed, by open Election and Plurality of Voices of the Peers that fhall then be prefent, and of the Proxies, of fuch as fhall be abfent, (fuch Proxies being Peers) and producing a Mandate in writing duly figned before Witnefies, and both Conftituent and Proxy being qualified according to Lafr. And the Lord Clerk Regifter, or fuch two of the Prin- ciple Clerks of the Seflion as fhall be appointed by him to officiate in his Name, are hereby reflec- tively required to attend fuch Meeting, and to adminiiler the Oaths required by Law to be taken * This mutatis muta»dis will do for the Proclamation on the Call of a new Parliament- • • there C 339 ) there by the laid Peers, and to take their Votes* and immediately after fuch Election made, and duly examined, to certify the Names of the Peers io elected, and fign and atteft the fame in the Prefence of the faid Peers the Electors ; and to return fuch Certificate into our High Court of Chancery of Great Britain. And We doftrictly charge and command, that this Proclamation be duly publifhed at the Market Crofs of Edinburgh, and in all the County Towns in Scotland, twenty-five Days at lead before the lime hereby appointed for the Meeting of the laid Peers, to proceed on fuch Election. Given at our Court at St. James's, the fifth. Day of Auguji, One thoufand feven hundred and fixty-feven, in the feventh Year of our Reign. God fave the King. N°. XXL The Formula appointed by Aft of Parliament^ made 8 and 9 Seff. W. 3. in Scotland. I A. B. do fincerely from my Heart profefs and declare before God, who fearcheth the Heart, that I do deny, difown, and abhor thefe Tenets and Doctrines of the Papal Romifh Church, viz. the Supremacy of the Pope and Biihop of Rome, over ail Paftors of the Catholic Church, his Power and Authority over Kings, Princes, and States, and the Infalibility that he pretends to, either without or with a General Council, his Power of Difpen- fing and Pardoning, the Doctrine of Tranfubitan- tiation, and the Corporal Prefence, with the Com- munion without the Cup in the Sacrament of the Z 2 Lord's ( 340 ) Lord's Supper, the Adoration and Sacrifice pro- filed and practifed by the Popifh Church in the Mats, the Invocation of Angels and Saints, the "Wor {"hipping of Images, CrofTes, and Relicts, the Doctrine of Supererrogation, Indulgences, and Pur- gatory, and the Service and Worfhip in an un- known Tongue : All which Tenets and Doctrines of the (aid Church, I believe to be contrary to, and inconfiftent with, the written Word of God ; and I do from my Heart deny, difown, and difclaim, the faid Doctrines and Tenets of the Church of Rome, as in the Prefence of God, without any Equivoca- tion or mental Refervation, but according to the known and plain Meaning of the Words, as to me offered and propofed. So help me, God. N°. XXII. ¥he Freeholders Oath in Scotland, appointed t>y J Geo. 2. ch. 1 6. feet. 2. I A. B. do in the Prefence of God declare and fwear, that the Lands and Eftate of for which I claim a Right to vote in the Election of a Member to ferve in Parliament for this County or Stewartry, is actually in my Pofiefllon, and do really and truly belong to me, and is my own pro- pter Eflate, and is not conveyed to me in Truft, or lor or in Behalf of any other Perfon whatfoeverj and that neither I, nor any Perfon to my Know- ledge, in my Name, or on my Account, or by my Allowance, hath given, or intends to give, any Prornife, Obligation, Bond, Back-bond, or other Security whatsoever, other than appears from the Tenor and Contents of the Title, upon which I now (34i ) now claim a Right to vote, directly or indirectly, for re-difpofing or re-conveying the faid Lands and Eftate in any manner of Way whatfoever, or for making the Rents or Profits thereof forth coming, to the Ufe or Benefit of the Perfon from whom I have acquired the faid Eftate, or any other Perfon whatfoever ; and that my Title to the laid Lands and Eftate, is not nominal or fictitious, created or referved in me, in order to enable me to vote for a Member to ferve in Parliament ; but that the fame is a true and real Eftate in me, for my own Ufe and Benefit, and for the Ufe of no other Perfon whatfoever; and that it is the Truth as I ihall an- fwer to God. N°. XXIII. The Oath of the EUR or $ for Towns in Scotland, ap ; pointed by 16 Geo. 2. ch. n. feci.. 34. I A. B. do folemnly fwear, that I have not di- rectly or indirectly, by way of Loan, or other De- vice whatfoever, received any Sum or Sums of Money, Office, Place, Employment, Gratuity, or Reward, or any Bond, Bill, or Note, or any Pro- mife of any Sum or Sums of Money, Office, Place, Employment, or Gratuity whatfoever, either by myfelf or any other, to my Ufe or Benefit, or Ad- vantage, or to the Ufe, Benefit, or Advantage of the City or Borough of which I am Magiftrate, .Counfellor, or Burgefs, in order to give my Vote at 1..' : " So help me, God. Z3 N» ( 342 ) N°. XXIV. The Common-derVs Oath in Scotland, appointed by 16 Geo. ch. ii. fe&. 35. I A. B. do folemnly fwear, That I have not di- rectly or indirectly, by way of Loan or other De- vice whatfoever, received any Sum or Sums of Money, Office, Place, Employment, Gratuity, or Reward, or any Eond» Bill, or Note, or any Pro- mife, of any Sum or Sums of Money, Office, Place, Employment, or Gratuity whatfoever, either by myfelf or any other, to my Ufe, or Benefit, or Advantage, to make out any Commiffion for a Commiflioner for choofing a Burgefs ; and thar I will duly make out a Commiffion to the Commif- lioner who fhall be chofen by the Majority of the Town-council afTembled, and to no other Perfon. So help me, God. N°. XXV. Oath of the Clerk of the prejiding Borough in Scot- land, appointed by 16 Geo. 2. ch. 11. feci:. %$. I A. B. do folemnly fwear, That I have not di- rectly or indirectly, by way of Loan or other De- vice whatfoever, received any Sum or Sums of Money, Office, Place, Employment, Gratuity, or Reward, or any Bond, Bill, or Note, or any Pro- mife of, any Sum or Sums of Money, Office, Place, Employment, or Gratuity, whatfoever, either by myfelf, or any other to my Ufe, Benefit, or Ad- vantage, to make any Return at this Election of a Member to ferve in Parliament •, and that I will return to the Sheriff or Steward, the Perfon elected by ( 343 ) by the major Part of the Commifiioners aflembled, whofe Commiflions are authenticated by the Sub- fcription of the Common-clerk, and common Seal of the respective Boroughs of this Diftrict. So help me, God. N<\ XXVL Oath of the Clerk at Elections for Counties in Scot- land, appointed by 16 Geo. 2. ch. 11. feci. ^y. I A. B. do folemnly fwear, that I have not di- rectly or indirectly, by way of Loan or other Device whatfoever, received any Sum or Sums or" Money, Office, Place, or Employment, Gratuity or Reward, or any Bond, BUI, or Note, or any Promife of any Sum or Sums of Money, Office, Place, Employment, or Gratuity whatfoever, by myfelf, or any other to my Ufe, Benefit, or Ad- vantage, to take any Return at the prefent' Elec- tion of a Member to ferve in Parliament •, and that I will return to the Sheriif or Steward the Peribn elected by the Majority of the Freeholders upon the Roll made up at this Election, and who Ihalt be prefent and vote at this Meeting. So help me, God. n«. xxvn. $be * Oath of the returning Officer? required to be taken by 2 Geo. 2, c. 24* lect. 3. I A. B. do folemnly fwear, that I have not, di- rectly or indirectly, received any Sum or Sums of * Repealed (0 far as it relate; to the returning Officer in *&<«3W, 16 Geo. 2. c. n. /(St. 38. Z 4 ■ Money ( 344 ) Money, Office, Place or Employment, Gratuity, or Reward, or any Bond, Bill, or Note, or any Promife or Gratuity whatfoever, either by myfelP, or any other Perfon to my Ufe, Benefit, or Ad- vantage, for making any Return at the prefent Election of Members to ferve in Parliament; and that I will return: Such Perfon or Perfons as fhall, to the bed of my Judgment, appear to me to have the Majority of legal Votes. N°. XXVIII. 27>£ Certificate to be entered on Oath by Freeholders* &c. with the Clerk of the Peace in purfuance of flat. 3 Geo. 3. ch. 24. feci:. 1. I A. B. of am really and bona fide feized of an Annuity or Rent-charge, for my own Ufe and Benefit, of the clear yearly Value of forty Shil- lings, above all Rents a^d Charges payable out of the fame, wholly iffuing out of Freehold Lands, Tenements or Hereditaments, belonging to C. Z). of f|tuate, lying, and being in the Parifh, Townfhip, or Place, or in the Parifhes, Town* Jhips, or Places of E, in the County of without any Truft, Agreement, Matter, or Thing, to the contrary, notwithstanding ; and I, or the Perfon or Performs under whom I claim, was or were feized of the faid Annuity or Rent-charge, before the firft Day of June, One thoufand fevea hundred and fixty-three.' N», ( 345 ) N<\ XXIX. The Certificate to he entered on Oath by Freeholders* &c. with the Clerks of the Peace, in Purfuance cf ftat. 3 Geo. 3. ch. 24. fett. 2* I A. B. of am really and bona fide feized of an Annuity or Rent-charge, to my own Ufe and Benefit, of the clear yearly Value of forty Shillings a Year, above all Rents and Charges payable out of the fame, wholly iffuing out of Freehold Lands, Tenements or Hereditaments, belonging to C. D. of fituate, lying and being in the Parifh, Townfhip, or Place, or in the Parifhes, Town- (hips, or Places of in the County of without any Truft, Agreement, Matter or Thing, to the contrary, notwithftanding ; and I became feized of the faid Annuity or Rent-charge on the Day of laft paft, by Defcent or ptherwife (qs the Cafe may happen.) N°. XXX ? tfbe returning Officer's Oath, to be taken by 2 Geo. 2l ch. 24. feet. 3. I A. B. do folemnly fwear, that I have not, di- rectly nor indirectly, received any Sums or Sums pf Money, Office, Place, or Employment, Gra- tuity or Reward, or any Bond, Bill or Note, or any Promife or Gratuity whatfoever, either by myfelf, or any other Perfon tq my Ufe, or Benefit, or Advan- tage, (346) tage, for making any Return at the prefent Elei tion of Members to ferve in Parliament ; and tha t I will Return fuch Perlon or Perfons as mail, to the bed of my Judgment, appear to me to have the Majority of legal Votes. N<\ XXXI. Form of the Lord Steward's Deputation* William Earl Talbot, Lord Steward of his Ma- jefty's Houfehold, and one of his Majefty's moft honourable Privy-council, to all to whom thefe Prefents (hall come, KNOW YE, That I the faid Lord Steward, by Virtue of my faid Office of Lord Steward, HAVE eonftituted, named, and ap- pointed, AND by thefe Prefents, PQ conftitute, name, and appoint, [about three Score and fifteen Noblemen and Gentlemen] or any Six, Five, Four, Three, Two, or One of them, my Deputy and Deputies, in my Place and Stead, to tender and adminifter the Oaths mentioned in a Statute made in the firft Year of the Reign of their late Majef- ties King William and Queen Mary, intitled, " An for removing and preventing all Doubts and Dif- putes concerning the afTembling and fitting of this prefent Parliament,," according to the Directions of the faid Statute, and of all and every other Statute and Statutes, directing the taking the faid Oaths before me, to all and every Perfon and Perfons, who is, are, or fhall be, elected or appointed a Knight, Citizen, Burgefs, Baron of any of the five Ports, or Commiflioners for the Shires or Burghs ©f the prefent Parliament, appointed to meet the Day ( 347) t)ay of and to take and receive the Oaths of all and every the faid Perfon and Perfons, who is, are or fhall be elected or appointed a Knight, Citizen, Burgefs, Baron of any of the five Ports, or Compiiffiopers for the Shires or Burghs aforefaid, for the faid Parliament-, ALSO, to tender and adminifter the Oath mentioned in a Sta- tute made in the feventh Year of the Reign of his late Majefty, (intituled, "An Act for the better regulating the Election of Members to ferve in the Houfe of Commons, for that Part of Great Britain called Scotland, and for incapacitating the Judges of the Court of Seffion, Court of Judiciary, and Barons of the Court of Exchequer in Scotland, to be elected, or to fit or Vote as Members of the Houfe of Commons,") according to the Directions of another Statute made in the fixteenth Year of his his late Majefty's Reign, directing the faid Oath to be taken before me, to all and every Perfon and Perfons, who is, are, or fhall be chofen, a Member to ferve in Parliament for any Shire or Stewartry, within that Part of Great Britain, called Scotland, and who was not, were not, or fhall not, be pre- fent, at the Meeting of Election •, AND to take and receive the Oath of all and every fuch Perfon and Perfons, giving them, my faid Deputies, Six, Five, Four, Three, Two, or One of them, full Power and Authority to execute, and perform the Matters herein-before mentioned, RATIFYING and confirming all and whatfoever my Deputies or Deputy fhall lawfully do and perform in this Behalf, in as ample, perfect, and full Manner, as if I myfelt had perfonaliy been prefenr, and done the fame ; in Teftimony whereof, I the faid Lord Steward have hereunto fet my Hand and Seal, this Day of in the eighth Year of the Reign or, Ssc. (34») fcfr. and in the Year of our Lord One thoufand feven hundred and fixty- eight. (being firft duly ftamped) T A L BOT Sealed and delivered . ^ / \ L. S. } in the Prefence of N. B. The Form to be met with in the printed Journals of the Houfe of Commons, we think is injudicioufly drawn up, and have therefore prefumed to alter it in the above. TABLE ABLE O F T H E PRINCIPAL MATTERS. A. ABeriftwith, fee Cardigan. Abingdon, 95, Fee Alms, Freedom of Elec- tion. Abjuration, Form of, 325. Account to be figned by every Member, 337. Adjournment, fee Poll. Age, fee Capacity. Agmondefham, 95. Ailefbury, 96, fee Privilege. St. Albans, 96. Aldborough, in Suffolk, 97. Aldborough, in Yorkfhire, $2, fee Capacity; Alien, 26, 98, fee Capacity. Allegiance, Oath of, 323. Alms, 99, fee Abingdon, Ailefbury, AJdborougb in Suffolk, Bedford, Cambridge, Cirencefter, Col- TABLE OF THE Colchefter, Coventry, Dunwich, Grantham, Mailings, Hertford, Higham-ferrers, Hindon, Honiton, Ipfwich, Launcefton, Leicefter, Li- verpool, Lymington, Minehead, Northampton, Norwich, Qrford, Peterborough, Reading, Sandwich, Shrewfbury, Stamford, Tamworth, Taunton, Wallingford, Weftbury. Andover, 99, fee Bribery, Offices. Arundel, 99. Afhburton, 100. Aylefbury, fee Ailefbury. B. Bailiff of^Weftminfter, 333. Banbury, 100. Bath, 100, fee Offices. Beaumaris, 1 01, fee Petition. Bedford County, fee Evidence. Bedford Town, 102. Great Bedwin, 102. Beiealiton, 102, fee Offices. Beverley, fee Bribery. V Bewdly, 103. Bifhop's Cattle, fee Bribery. Bofinny, 104. Bolton, 105. Brackley, 107. Bramber, fee Bribery. Brecon, 107, fee Offices. Bribery and Corruption, 38, 108. Bridport, 114, fee Evidence. Briftol, 1 14. Buckingham, 115. Burgefles, 10, 25, 52. Bury St. Edmunds, j 1 5, fee Offices. C. Calne, PRINCIPAL MATTERS. •» C. Calne, 115. Cambridge, 117, fee Privileges, &c. Camelford, 118. Candidates, 336, fee Capacity. Capacity, 1 to 41, fee Aliens, Alms, Coroner; Electors, Offices, Qualification. Cardigan County, fee Poll. Cardigan, 119, fee Qualification. Carlifle, fee Freedom of Elections, Offices, Privi- leges. Carmarthen, 120. Certificates, 344, 345. Certificate-man, fee Alms, Leicefter. Charity, fee Alms. Cheping-Wicombe, 120, fee Freedom of Elec- tions. Chefhire and Chefter, 2. Chrift Church, 122. Cinque Ports, fee Freedom of Elections. Cirencefter, 122. Cities, Oath for, 330. Citizens, 10, 25, 52. Clifton-Dartmouth-Hardnefs, fee Dartmouth; Cockermouth, fee Offices, Poll. Colchefter, 123, fee Privileges, Treating. Common Clerk's Oath for Scotland, 342. Commoners, Englifh, 1 to §6* Scottifh, 68, 77, 80. Contempts, fee Freedom of Elections, Privileges; Corfe-Caftle, fee Privileges. Coronet - , 124. Corruption, fee Bribery, Treating. Cofts and Expences, 125. 3 Coventry} TABLE OF THE Coventry, 126, Offices, Riots. Cricklade, 129. Cumberland, fee Privileges. Cyrencefter, fee Cirencefter. D. Dartmouth, (alias Clifton-Dartmouth-Hardnefs,) 130, fee Offices. Declaration of Fidelity, 325. Declaration or Teft, 324. Denizen* fee Alien. Deputation of Lord Steward, 346. Derby, 136. Devizes, 137. Difqualification of Members, lee Capacity* Offices* Qualification. Dorchefter, 137, fee Offices. Dorfet County, fee Poll. Dover, 138, fee Offices. Droitwich, 139, fee Offices. Dumbarton, 139. Dumfries, fee Poll, Offices. Dunheved, fee Launcefton. . Dunwich, 140, fee Officers. Durham, 3. E. Eaft-Grimftead, 141.' Eaftlow, fee Offices. Eaft-Retford, 142. Edinburgh-fhire, fee Offices. St. Edmund's Bury, fee Bury St. Edmunds. Elected, 24, 25, 66, yy. Election, 41, 46, 52, 77, 80, 331, 334, 343, < fee Freedom of Elections, Poll. Electors, PRINCIPAL MATTERS. Electors, 2, 3, 5, 10, 14; their Oath for England, 329, for Scotland, 341. England, 3, 5, 10, 14, 24, 25, 64, 66, 68, yy. Evidence, 143, fee Briftol, Marlborough, Wells. Eye, fee Offices. F. Fidelity, Declaration of, 325. Flint, ,56. Foreigner, fee Alien. Formula for Scotland, 339 . Forres, &c. fee Offices. Fowey, 159. Freedom of Elections, . i 5, fee Alms, Bewdley, 49, 159, Bofton, Bribery, Offices, Riots, Treat- ing, Winchelfea. Freeholders, 5, 6, 24, 25, 46. Oath for England, 329, 330; » for Scotlond,. 340. Certificate, 344, 345. Freemen, fee Electors, &c. c Granpound, 162. Grantham, 162. r> r> j • • Great-Bedwin, 102. Great-Marlow, 185. Grinftead, 141. H. Hampfhire, fee Poll. Harwich, 1 6^ fee Heanng. Haflemere, 163, fee Petition. Haftings, 1 64, fee Offices. A a Haver- TABLE OF THE Haverford-Weft, 164. Hertford County, fee,, Quakers. Hertford, 165, fee Privileges, WitnefTes. Hearing, 166, fee Electors, Evidences, Mon- mouth. Hedon, 168. Helfton, fee Offices, Higham- Ferrers, 171. Hindon, 171, fee Bribery, Offices. Honiton, 172, fee Offices. Horfham, 172, fee Offices. Huntingdon County, fee Qualification. Hyeth, 173, fee Offices. I. Ilchefter, 173. . . Indenture of Election, 334. Invernefs, 174, fee Petition. Ipfwich, 175, fee Offices. St. Ives, 1 y$, fee Petition. K. King's-Lynn, fee Capacity. Kingfton upon Hull, fee Offices. Kinrofs, fee Evidence. Knarefborough, fee Offices. Knights of the Shire, 5, 24, 25, 46. L. Launcefton, 176, fee Offices. Leicefter, 176, fee Poll. Lieutenant of a County not to interfere, 1 7. Leominfter, fee Petition* Lefkeard, 177. Leftwithiel, 178. Lewes, PRINCIPAL MATTERS. Lewes, 178. Limington, fee Lymingtoiy Litchfield, 179. Liverpool, 1 80, fee Coroner, Qualification. London, 52. Lords of Parliament not to interfere, 17. Ludgerfhall, 180. Ludlow, 180. Lymington, i8x. Lynn-Kegis, fee King's-Lynn. M. Maidftone, fee Bribery, Petition vexatious. Maiden, 182. Malmefbury, 183, fee Offices. Marlborough, 183. Great Mario w # Mayor, fee Dartmouth, Devizes, Dorchefter, Free- dom of Elections, Privileges, Sudbury. Members to fign an Account, 337. - — . — r- their Oath, 336. Merioneth County, fee Return, Wales. Milbourn-Pprr, 186, Minehead, 186, fee Qualification. Mitchell, 193. Monmouth, 92, fee Offices, 193, Wales, Montgomery, 195. Morpeth, 195. Newark, 196. Newburgh, fee Beumaris. Newcaftle under Line, fee Witnefles, Newport, fee Offices. New-Radnor, 247. 4 A a 2 New- TABLE OF THE Newtowne, 196. New-Windfor, fee Hearing. North- Allerton, 196. Newfhoreham, fee Offices. Northampton, 197. Northumberland, Tee Offices. Norwich, 199. Notice, fee Foil, Writ. Nottingham County, fee Returq. Nottingham Town, fee Cofts. O. Oakhampton, 200. Oaths 31, 37, 43, 49, 54, 65, 66 9 6g, 70, 77, 78, 91, 200. of Allegiance, 323. of a Candidate, 336. • of Clerks for Counties in Scotland, 343. for prefiding Boroughs in Scot- land, 343. . of common Clerk in Scotland, 342. of an Elector for England, 329, for Scot- land, 341. of a Freeholder for England, 329, 330, for Scotland, 340.' ■ of a Liveryman for London, 328. — — of Members, 336. — — — of Returning Officer, 343, 345. •■ of Supremacy, 323. See Bribery, Capacity, Poll, Scotland. Offences, fee Bribery, Capacity, Minehead, North- ampton, Norwich, Oaths, Petition Vexatious, Privileges, &c. Offices, &c. 17, &c. 30, &c. 201, &c. Old Sarum, fee Offices. Outlaws, not eligible, 26. Oxford, fee Offices. P. Par- PRINCIPAL MATTERS. ft Parliament Lords, not to interfer, 17. Parliamentary Writs, 321. Peers of the Realm, 1 o^ Scottifh Peers, 64, 6*6, 67. Peebles, 218. Pembroke, 218. Peterborough, 219. Petersfield, 219. Petition, 220. Petition vexatious, &c. 225, fee Shrewfbury. Plymouth, 227, lee Offices. Plympton, 229. Poll, 230, fee Freedom of Elections. Portfmouth, 233. Precept, ^33- Privileges and Contempts, 234, fee Freedom of Elections, Return. Proceedings at Elections, 41, 46, 52, yy, 80. Proclamation for Scotland, 338. Quakers, 240, 327, 328. Qualification, 3, 5, 10, 14, 24, 25, 64, 66, 68 . Queenborough, 247, 77. Reading, 248, fee Offices. Retford, fee Eaft- Retford. Return,56, 252, feeBereal(lon,Brecon,Calne, Camel- ford, Caermarthen, Devizes, Dover, llchefter, "(nvernefs, Minehead, M©nmouth, Montgomery, North- TABLE OF THE Northampton, Peterborough, Privileges, &c. Southampton, Tamworth, Weftbury. Richmond, 256. Riots, 17, 256. Rofs-fhire, fee Poll. Rippon, fee Offices. Rutland, fee Evidence. Rye, 260. Sacramental Teft, fee Teft, Saltalh, fee Offices. Sandwich, 260, Scarborough, 261. Scotland, 63, 64, 66, 68, 77, 80, i6\ f Scrutiny, fee London, Poll. Seaford, fee Offices. Shaftefbury, 265, fee Qualification, Witnefies, Sheriff, fee Hearing, Poll, Return. Shrewfbury, 265. Southampton County, fee Hamplhire. Southampton, 267. Southwark, 269, fee Petition vexatious, Privileges, Quakers, Riots. Stafford, 270, fee Bribery. Stamford, 271, fee Offices. Steward, Lord's Deputation, 346, Stirling, fee Petition. Stockbridge, fee Bribery. Sudbury, 271. Summons, Writ of, 322. Supremacy, Oath of, 323. Sutherland, 272. T. Tarn- PRINCIPAL MATTERS. T. Tampering with Witneffes, fee Witneffes. Tamworth, 272. Taviftock, 273. Taunton, 274. Teft, 325, fee Oaths, Portfmouth, Wilton, Win- chelfea. Thetford, 275, fee Treating. Tiverton, fee Offices, Poll. Totnefs, 273, fee Petition vexatious. Treating, 39, 276, fee Bofton, Capacity. Truro, 278. W. Wales, 92. Wallingford, 278. Warrant for iffuing parliamentary Writs, 32 r, Warwick, 279. Wells, 279. Wendover, 282, fee Offices. Weobly, 282, fee Bribery, Petition. Weftbury, 283. Weftminfter, 284, 331, fee Riots. Weymouth and Melcombe Regis, 310, fee Offices. Whitchurch, 312, fee Offices. Wiggan, fee Petition. Wigtown, fee Poll. Wilton, 312, fee Offices. Winchelfea, 312. Windfor New, 312, fee Offices. Wifton, fee Pembroke. Witneffes, 314, fee Evidences. Woodftock, 3 1 7, fee Offices. Worcefter County, fee Freedom of Elections, Worcefter, 318. Wotton- TABLE OF THE, £ft Wotton-Baflet, 317. Writ, parliamentary, 321. of Summons, 322. for Weftminfter, 331. Writ and Precept, fee Poll, Return. Y. Yarmouth in the Ifle of Wight, 318. York and Yorklhire, 318, fee Poll. FINIS, a UNIVERSITY OF CALIFORNIA LIBRARY Los Angeles This book is DUE on the last date stamped below. Form L9-Series 4939 JMCOb. 176P J* SOUTHERN REGIONAL L BRARY FACILI7 A A 000 133 929 J