







 
   
     
       
         The case of the honourable Fytton Gerard Esq; returned to serve in Parliament for the borough of Clitheroe, against John Weddall Esq; appointed to be heard on the 15th day of this instant January.
      
       
         
           1694
        
      
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             The case of the honourable Fytton Gerard Esq; returned to serve in Parliament for the borough of Clitheroe, against John Weddall Esq; appointed to be heard on the 15th day of this instant January.
             Macclesfield, Fitton Gerard, Earl of, 1664 or 5-1702.
          
           1 sheet ([1] p.)
           
             s.n.,
             [London :
             1694]
          
           
             Caption title.
             Publication data suggested by Wing.
             Reproduction of the original in the Lincoln's Inn Library.
          
        
      
    
     
       
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         eng
      
       
         
           Macclesfield, Fitton Gerard, -- Earl of, 1664 or 5-1702 -- Trials, litigation, etc.
           Weddell, John, 1652 or 3-1703 -- Trials, litigation, etc.
           England and Wales. -- Parliament. -- House of Commons -- Contested elections -- Early works to 1800.
           Elections -- Corrupt practices -- England -- Clitheroe -- Early works to 1800.
           Clitheroe (England) -- Politics and government -- 17th century -- Early works to 1800.
           Broadsides -- England -- 17th century.
        
      
    
     
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           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
             .
          
        
      
    
     
  

