UPon the Petition of Mr. Robert Henly Merchant, Complaining of divers Irregularities and Illegal Practices in the Election, and that Sir Robert Cann Baronet is returned, as Choſen for that City, together with Sir John Knight, to ſerve in this preſent Parliament, whereas in truth Sir John Knight, and the Petitioner Mr. Henly, were duly Choſen by the Majority of Rightful Electors, and ought ſo to have been return'd.

THe City of Briſtol is a Large and Populous City, and a County of it ſelf, and hath at leſt 2000 Free Burgeſſes Inhabitants, who are Govern'd by a Major, 12 Aldermen, 2 Sheriffs, and a Common-Council of 40, Choſen according to a Charter, whereby it is Incorporated and made a City, which antiently was only a Village, or Free Borough.

When the Proclamation was Publiſhed, Declaring His Majeſties Reſolution to call this preſent Parliament, Sir John Knight (who had formerly ſerved for the ſame City) offered to ſerve again if they would freely Chooſe him, and at the Requeſt of many of the Free Burgeſſes and Freemen, Mr. Henly likewiſe offer'd them to ſerve in this preſent Parliament if they ſhould Elect him, but Sir John Lloyd the then Major, and ſome of the Aldermen and Common-Council Combining with the then Sheriffs to prevent the Free Choice of the Citizens, did ſet up Sir R C. Baronet, and Sir Robert Y. Baronet, two of the Aldermen of the City, and to get them to be Choſen, and to prevent the Election of Sir John Knight and Mr. Henly, did contrive, reſolve upon, and put in practice, divers Illegal and Irregular things; as Before the Election;

They gave out, That none but Freemen could be choſen, and at the ſame time denyed Mr. Henly his Freedom, though he Legally demanded to be made Free, and themſelves Confeſt he had a Right to be ſo, as having Married a Freemans Daughter, but ſaid, that He ſhould not have his Freedom, becauſe he ſhould not be Choſen a Parliament Man.

They deny'd ſeveral Perſons their Freedom, who had a Right to it, and Legally demanded it, becauſe they knew, (as they ſaid) they would Vote for Sir John Knight, and Mr. Henly.

They declared, That ſuch as Voted for Mr. Henly, ſhould be taken notice of, as Enemies to the Freedom of the City.

The Morning before the Election they did cauſe Papers to be Poſted up at ſeveral parts of the Town, purpoſing, That none but a Freeman could be Elected, and at the Bottom of ſome of thoſe Papers, was Written, No Henly; No Henly: and when ſome of the Electors pulled down thoſe Papers, they were, for ſo doing, Bound over to the Seſſions, and forced to give Security for their Good Behavior in the mean time.

At the Election;

They deny'd to take the Pole for Mr. Henly, and took it only for the other Three; but after ſome time, having conſider'd of the Matter, they told him, That the Pole ſhould be taken for him if he would provide a Clerk to take it; but when he had offered one or two to take the Pole for him, they abuſed and beat them, and ſaid, None but their own Clerks ſhould take the Pole; who thereupon began to take it for Mr. Henly, but would not permit Mr Henly, or any body for him to ſuperviſe it.

The Pole was begun in the Guildhall, which, ſoon after they begun to take the Pole for Mr. Henly, was almoſt full of ſuch as offer'd to Vote for Sir John Knight, and Mr. Henly, but ſo ſoon as this was perceived, they withdrew themſelves into an Inner Room, and bolted themſelves in, and Letting in at a Back-door, ſuch as (by a VVord given) were known to Vote for the other Competitors continued on the Pole there, but when any that knew not the VVord endeavored to get in, they were kept out, and beaten back; the other, who Voted for the other Competitors, and knew the VVord, were admitted at the ſame time; and as ſoon and as often as any number got in, who deſired to be Polled for Sir John Knight, and Mr Henly, the Pole was Adjourned; whereby, the Pole was continued 9 days, which might eaſily have been ended in 2.

There being many Electors in the City, who declared themſelves for Sir John Knight, and Mr. Henly, that they knew would not take any Oath, not Legally Impoſed upon them, they refuſed any to give their Voices, that would not Swear themſelves Free, though they ſhewed a Copy of their Freedom, under the Hand of the Chamberlain, and Seal of his Office, and admitted all, that would Swear themſelves Free, to be Polled; whereby, many that were neither Freemen, nor Freeholders were Polled for Sir Robert Cann, and Sir Robert Yeomans.

On the laſt day of the Poll they returned, and ſat in the Guildhall, and at the other end of the Hall, the Mayor, and ſome Aldermen ſat as a Court, and called for the Goaler, and publickly commanded their Officers to bring before them thoſe that Poled for Sir John Knight, and Mr. Henly, whom being brought before them, were Committed to Priſon, upon pretence of Offences formerly committed againſt certain Penal Statutes; Whereupon, Great Multitudes that came to Poll for Sir John Knight, and Mr. Henly, were ſo Terrified, that they went away, and durſt not give their Vote; and at the ſame time, in the ſame Circumſtances with thoſe Impriſoned, were ſuffered to Vote for Sir Robert Cann, and Sir Robert Yeomans, and to go away freely and unmoleſted. By which Contrivance alone, they Confeſſed, That themſelves believed, they deprived Sir John Knight, and Mr. Henly of 400 Votes.

Notwithſtanding all which Irregularities, and Illegal Practices, Sir John Knight, and Mr. Henly had the Majority of Rightful Voices, and ought therefore to have been Return'd, as Mr. Henly hopes to make appear at the Hearing of the Cauſe.

After the Election;

Being Conſcious of the Illegality of their Proceedings, in Committing Perſons to Priſon at the POLE, they Diſcharged them without any Requeſt on their behalf, and without Bail or Proſecution, though the Statute, upon which the Commitment was grounded, requires Three Months Impriſonment, without Bail or Mainprize.

Sir Robert Cann, &c. Made it their Buſineſs to Proſecute all the Diſſenters that Voted for Mr. Henly, and Sir John Knight; while thoſe that Voted for Sir Robert Cann, and Sir Robert Yeomans were equally Informed againſt, but not proſecuted.

About Three days after the Election, the Mayor and Sheriffs apprehending the danger they had run themſelves into by theſe Illegal Proceedings, called a Common Council, and there procured a Vote to Indemnifie the Mayor for what he had done in the Election at the City Charges, and the ſame was Moved in behalfe of the Sheriffs, but Sir John Knight Proteſting againſt it, and withdrawing, it could not be obtained. so many others wth him yt herd remayned not 〈…〉 was not done

This CAUSE comes to be heard the Tenth of December before the COMMITTEE of Elections and Priviledges.