The case of the honourable Fytton Gerard Esq; returned to serve in Parliament for the borough of Clitheroe, against John Weddall Esq; appointed to be heard on the 15th day of this instant January.

The case of the honourable Fytton Gerard Esq; returned to serve in Parliament for the borough of Clitheroe, against John Weddall Esq; appointed to be heard on the 15th day of this instant January.

Table of contents

The CASE of the Honourable Fytton Gerard Esq Returned to Serve in Parliament for the Borough of Clitheroe, against John Weddall Esq appointed to be heard on the 15th Day of this Instant January.

The Constitution of the Borough of Clitheroe, with the Right of Elections for Bayliffs, or Members of Parliament.

[Page]

The CASE of the Honourable Fytton Gerard Esq Returned to Serve in Parliament for the Borough of Clitheroe, against John Weddall Esq appointed to be heard on the 15th Day of this Instant January.

MR. Wilkinson, Uncle to Mr. Weddall, designing (as appears by many of his, and his Agents foul Practices) to make a Return of his Nephew to serve in Parliament for the said Borough, in the room of Anthony Parker Esq put in to be Chosen one of the Bayliffs of the Town, and Treated for that purpose, as since, and before, he has been at the whole Charge for Mr. Weddall, whom he set up to be Recorder of the Town; and by the Voices of a few, without the Consent of the Majority of the Burgesses and Freemen, he got him declared Recorder, and sworn Clandestinely in an Alehouse.

The next point which they thought essential to gain to serve their turn, was to keep Men off from being found by a Jury according to Custom to have right to be Burgesses or Freemen; in order to which, some of the Jury were practiced upon to absent themselves, and force was used, so that there could not be a full Jury, though the Fore-Man, with others, met and stayed in the Court some Hou [...]s, and several Summons were sent to the rest, who were fined for their Non-appearance. Upon which the Court was Adjourned to the next Day, but Chippendale, one of the Bayliffs, pretended to have dismiss'd the Enquiry Jury, tho' without the Consent, or Privity of Mr. Stock the other Bayliff, and without causing Proclamation to be made of the Dismission, by Colour only of an Instrument signed out of Court by Mr. Chippendale, which Mr. Weddall sitting as Recorder, ordered to be read: By which Trick several who had right to Vote in the Choice of Bayliffs, and had offered their Deeds to Evidence their right, were not found by the Jury, but their Votes, though they had a right, were denied at the Election of Bayliffs: Notwithstanding which Mr. Mainwaring, a Gentleman of Four or Five Hundred Pounds a Year, within a Mile of the Place, besides Houses in the Town, and a good Estate in the County, and in Cheshire, was in his Absence, without his seeking, or privity, duly Chosen out Bayliff, whose place has always been accounted the Chief.

Mr. Mainwaring soon after offered himself to be Sworn according to the Custom, but being refused, he brought two successive Mandamus's from the King's-Bench, which were disobeyed: And Mr. Wilkinson, though never Chosen, pretending that Mr. Mainwaring was incapable, as being under Age, was Sworn by Mr. Lister, who himself had been Sworn but by one Bayliff, though the Custom requires that both the old Bayliffs, if Alive and Well, should joyn in Administring the Oath. Upon this Mr. Wilkinson took upon him to Act as Out-Bayliff, and he and Mr. Lister, that they might discourage and strike a Terrour into those who had declared for Mr. Gerard, came with Ambrose Pudsey Esq Thomas Lister Esq and others Arm'd into a Publick House, where some of Mr. Gerard's Friends were peaceably Drinking together, and fell violently upon them: Thomas Lister Esq and Ambrose Pudsey Esq set Pistols to the Breasts of several of them, and Mr. John Lister Bayliff, threw one of them to the Ground, and Trampled upon him, and for this the pretended Bayliffs Mr. Wilkinson and Mr. Lister Committed them to Prison, and ordered them to be laid in a Dungeon, without any Warrant or Mittimus. After this, several who had right, some to Burgages, others to Freedoms, proffered themselves at several Court Days to be admitted and Sworn, but were refused: Whereupon they brought several Writs of Mandamus, but to defeat them of the advantage thereof, and their Votes at the said Election, no return has been made of either of the said Mandamus's.

A Writ for the Choice of a Burgess being delivered to the High Sheriff, he being informed of these Irregularities, himself carryed his Precept for an Election, and coming to the Town on the 24th of November, sent to speak with Mr. Lister, who declined speaking with him, but being acquainted by the Under Sheriff, while Mr. Wilkinson was by, that a Precept was brought for Electing a Burgess, Mr. Lister, with some Burgesses, and Mr. Wilkinson's Clerk, without his Master, came to the Sheriff, who in presence of a great many of the Burgesses, demanded who was the Out-Bayliff, and they cryed out, Mr. Mainwaring is our Out-Bayliff. Upon this the High Sheriff delivered the Precept to Mr. Mainwaring, and Mr. Lister, as Bayliffs of the Town, and told them he expected a return of it: And Mr. Mainwaring ask't Mr. Lister when they should meet with some of the Burgesses to consider of a Day for the Election; but he, notwithstanding he had been sollicited with all Civility by Mr. Mainwaring, refused to joyn; upon which, on the 25th of November, Mr. Mainwaring meeting with several of the Burgesses, by their Advice appointed the Election to be on the 30th, and caused it to be proclaimed in two places of the Town, upon a Market Day, and published Papers to the like effect: but Mr. Wilkinson and Mr. Lister, in Contempt of the Precept, caused Proclamation to be made by way of Countermanding the Election. When the Day of Election came, Mr. Mainwaring came to the Town-Hall, and to prevent disorders adjourned into a Penthouse in the open Street where the Precept was read: But Mr. Lister who was persent, being desired by Mr. Mainwaring to joyn with him, without proclamation pronounced, the Court Adjourned to the Town Hall, where he proceeded without a Precept, to have a Poll taken for Mr. Weddall, while Mr. Mainwaring with the Precept, proceeded on to the Election: And though Mr. Lister admitted persons unqualified, to Vote for Mr. Weddall, Mr. Gerard had the Majority: Therefore the Sheriff annexed to the Precept an Indenture Signed by Mr. Mainwaring and several of the Burgesses who Chose Mr. G [...]rard.

This Mr. Weddall Complains of as irregular, upon pretence that Mr. Mainwaring was not a Legal Bayliff, being under Age.

The Constitution of the Borough of Clitheroe, with the Right of Elections for Bayliffs, or Members of Parliament.

THis Borough Consists of two Bayliffs, and Burgesses, and Freemen.

The Bayliffs are chosen out of the Burgesses by the Burgesses and Freemen.

The Burgesses are such as have free Burgages within the Borough, and they are of two sorts, viz. Out-Burgesses, and In-Burgesses.

The Out-Burgesses are such as have a House or Land in Borough Tenure, and pay Borough Rent, but are resident, and inhabiting out of the Borough.

The In-Burgesses are such as are so intitled, and are resident and inhabiting within the said Borough.

The Freemen are such as are Tenants to some Burgess, that is Owner of some Messuage or Burgage, House or Lands which pays some part of the Borough Rent.

There is, and has been time out of mind within the said Borough an Enquiry Jury Impannell'd in January or February every Year, whose Duty and Business it is (amongst other things) to find all Persons that offer themselves, and shew a sufficient right to be Burgesses or Freemen, and to present them as such to the Bayliffs, who ought thereupon to Admit and Swear them, as has been always accustomed; and this Jury is used to be Adjourned from Court to Court as occasion requires, and is continued or dismist at discretion of the Bayliffs.

In Case of the Elections for Bayliffs, or Members of Parliament, they are Chosen by Burgesses and Freemen, and if the Burgess appear and Vote, the Freeman, his Tenant, cannot Vote for the same Burgage, but if the Burgess Vote not, then, in his stead, his Tenant as Freeman may.

Where a Burgess hath several Burgages, he can but Vote for one, and his Tenants as Freemen for the rest.

For free Borough Land none can Vote but the Landlord himself.

Information about this book

Title statement

The case of the honourable Fytton Gerard Esq; returned to serve in Parliament for the borough of Clitheroe, against John Weddall Esq; appointed to be heard on the 15th day of this instant January.

Edition statement

1694

Publication

Publisher

Text Creation Partnership,

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Ann Arbor, MI ; Oxford (UK) :

Date

2009-10 (EEBO-TCP Phase 1).

ID [DLPS]

B01906

ID [STC]

Wing C1088

ID [STC]

ESTC R205801

ID [EEBO-CITATION]

52211950

ID [OCLC]

ocm 52211950

ID [VID]

175520

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Early English books online.

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(EEBO-TCP ; phase 1, no. B01906)

Transcribed from: (Early English Books Online ; image set 175520)

Images scanned from microfilm: (Early English Books, 1641-1700 ; 2739:30)

Source

— The case of the honourable Fytton Gerard Esq; returned to serve in Parliament for the borough of Clitheroe, against John Weddall Esq; appointed to be heard on the 15th day of this instant January., Macclesfield, Fitton Gerard, Earl of, 1664 or 5-1702..

Extent

1 sheet ([1] p.)

s.n.,. [London :: 1694]. (Caption title.) (Publication data suggested by Wing.) (Reproduction of the original in the Lincoln's Inn Library.)

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