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<DATE>2008-05-29</DATE>
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<NAME>John Pas</NAME>
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<STC T="W">C909</STC>
<BIBNO T="oclc">49520850</BIBNO>
<VID>174094</VID>
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<HEAD>The <HI>CASE</HI> of <HI>Edward Lloyd</HI> <ABBR>E&s;q</ABBR> concerning the Election of a Burge&s;s for the Bur|rough of <HI>Montgomery</HI> in the County of <HI>Montgomery,</HI> to &s;erve in the Parlia|ment, to be holden at <HI>We&s;tmin&s;ter</HI> the &s;ixth day of <HI>March</HI> 1678.</HEAD>
<P>_BY the <HI>Statute</HI> 27 <HI>H.</HI> 8. 26. It is provided, That for that pre&s;ent Parliament, and all other future Parliaments for this Realm; For every Burrough being a Shire Town within <HI>Wales</HI> (excepting the Shire Town for the County of <HI>Merionith</HI>) one Burge&s;s &s;hould be Cho&s;en and Elected for Parliaments in the like manner, form and order as Burge&s;&s;es of Parliament be Elected and Cho&s;en in other Shires of this Realm; and the Burge&s;s Fees to be Leavied and gathered as well of the Shire Towns as they be Burge&s;&s;es of, as of all other Ancient Burroughs within the &s;ame Shires.</P>
<P>By the <HI>Statute</HI> of 35 <HI>H.</HI> 8. 11. It is Enacted, for as much as the Inhabitants of all Cities and Burroughs in every the Twelve Shires within <HI>Wales,</HI> not finding Burge&s;&s;es for the Parliament them&s;elves, mu&s;t bear and pay the Burge&s;&s;es Wages within the &s;ame Shire Towns. That from the beginning of that Parliament, the Burge&s;&s;es of all and every the &s;aid Cities, Burroughs and Towns, which be, or &s;hall be Contributary to the payment of the Burge&s;&s;es Wages of the &s;aid Shire Towns, &s;hall be lawfully admoni&s;hed by Proclamation, or otherwi&s;e by the Mayors, Bailiffs, and other head Officers of the &s;aid Towns, or by one of them to come to give their Elections for the Electing of the &s;aid Burge&s;&s;es at &s;uch time and place lawful and rea&s;onable, or &s;hall be A&s;&s;igned for the &s;ame intent by the &s;aid Mayors, Bailiffs, and other head Officers of the &s;aid Shire Towns, or by one of them: In &s;uch Elections the Burge&s;&s;es &s;hall have like Voice and Authority to Elect, Name and Choo&s;e the Burge&s;&s;es of every the &s;aid Shire Towns, like and in &s;uch manner as the Burge&s;&s;es of the &s;aid Shire Towns, have, or u&s;e. And the Ju&s;tices of the Peace of every the &s;aid Shires, by the &s;ame Act have power to Allot and Tax every of the &s;aid Cities, Burroughs and Towns for the Portions and Rates that every of the &s;aid Cities and Burroughs &s;hall bear and pay towards the &s;aid Burge&s;&s;es; and the &s;aid Rates &s;o &s;et in gro&s;s by the Ju&s;tices of the Peace, &s;hall be rated on the Inhabitants of the &s;aid Cities and Burroughs, by four or &s;ix Di&s;creet Sub&s;tantial Burge&s;&s;es of every the &s;aid Cities and Burroughs to be Named by the Head Officers thereof, and to Collect and pay over the &s;ame to the &s;aid Burge&s;&s;es.</P>
<P>The &s;aid Town of <HI>Mountgomery,</HI> by the &s;aid <HI>Statute</HI> 27 <HI>H.</HI> 8. 26. is named and appointed the Shire Town of the &s;aid County of <HI>Mountgomery,</HI> and the Burroughs of <HI>Llanidloes, Pool</HI> and <HI>Llanvylling,</HI> are three Ancient Burroughs of the &s;ame County; and the Burge&s;&s;es thereof heretofore u&s;ed to have their Voices at the Elections of the Burge&s;&s;es for the &s;aid Shire Town, with, and like as the Burge&s;&s;es of the &s;ame Shire Town of them&s;elves, had and u&s;ed: And for that purpo&s;e convenient notice was u&s;ually &s;ent from the Bailiffs of <HI>Mountgomery</HI> to the &s;aid three other Burroughs, of the time and place, when and where &s;uch Elections were to be made.</P>
<P>The Sheriff of the &s;aid County having on the 10th of <HI>February</HI> 1678. received His Maje&s;ties Writ for Summoning His Parliament to be held at <HI>We&s;t|min&s;ter</HI> on the 6th. day of <HI>March</HI> following, and for Choo&s;ing a Knight for the &s;aid County, and a Burge&s;s for the &s;aid Burrough, to &s;erve in the &s;ame Parliament; Did immediatly the &s;ame day &s;end away his <HI>Mandate</HI> to the Bailiffs of <HI>Mountgomery,</HI> to do and execute what appertaineth to them in that behalf.</P>
<P>The Bailiffs of <HI>Mountgomery</HI> being wrought upon by &s;ome great per&s;ons in that Neighbourhood, on whom they had dependance, to &s;urprize the &s;aid three other Burroughs of <HI>Llanidloes, Pool</HI> and <HI>Llanvylling,</HI> by not giving them notice of the &s;aid Election of a Burge&s;s for the &s;aid Burrough, and privately by &s;ome of the Burge&s;&s;es of their own Town to Elect one <HI>Matthew Price</HI> <ABBR>E&s;q</ABBR> to be Burge&s;s: And having in pro&s;pect, that if the Burge&s;&s;es of the &s;aid three other Burroughs would appear, they would by Majority of Voices Elect another per&s;on, and not the &s;aid Mr. <HI>Price:</HI> They the Bailiffs of <HI>Mountgomery</HI> in pur&s;uance of that unju&s;t practice and de&s;ign, did not &s;end notice of the &s;aid Election to the &s;aid other Burroughs, but only made Pro|clamation at the Town of <HI>Mountgomery</HI> on the 17th of <HI>February,</HI> that the Election was to be made at 8. of the Clock the next Morning; And by that means &s;o &s;urprized the Burrough of <HI>Lanidloes,</HI> being 14 Miles di&s;tant, that none of their Burge&s;&s;es, did, or could attend at the &s;aid Election.</P>
<P>Yet &s;ome of the Burge&s;&s;es of the &s;aid Burroughs of <HI>Pool</HI> and <HI>Lanvelling</HI> being at a nearer di&s;tanee to <HI>Mountgomery,</HI> having ca&s;ually &s;ome few hours in|timation of the &s;aid intended Election, appeared at the &s;ame Election, and with them joyned al&s;o &s;ome of the Burge&s;&s;es of <HI>Mountgomery,</HI> which made up in the whole 219 Voices, all for the &s;aid <HI>Edward Lloyd</HI> <ABBR>E&s;q</ABBR> to be Elected for the &s;aid Burrough, and &s;o declared them&s;elves, at the &s;aid Electi|on and prayed the Poll.</P>
<P>The Bailiffs of <HI>Mountgomery</HI> perceiving, that if they admitted the Burge&s;&s;es of <HI>Pool</HI> and <HI>Llanvelling</HI> there pre&s;ent, to Poll, that then the Majority of Voices would be for the &s;aid Mr. <HI>Lloyd,</HI> did only Poll the Burge&s;&s;es of <HI>Mountgomery</HI> upon a Li&s;t of their own preparation, of whom only 82. Voted for the &s;aid Mr. <HI>Price,</HI> being the Major part of the <HI>Mountgomery</HI> Burge&s;&s;es then pre&s;ent: And thereupon the Bailiffs clo&s;ed the Poll, and declared and re|turned the &s;aid Mr. <HI>Price</HI> to be Burge&s;s, wholly rejecting the Votes of the &s;aid Burge&s;&s;es of <HI>Pool</HI> and <HI>Lanvelling</HI> then pre&s;ent, pretending for a rea&s;on for their &s;o doing, that none but the Burge&s;&s;es of <HI>Mountgomery</HI> had right, or &s;hould be admitted to Vote at the &s;aid Election, though the &s;aid Burge&s;&s;es of <HI>Pool</HI> and <HI>Lanvylling</HI> in&s;i&s;ted upon, and earne&s;tly pre&s;&s;ed to have their Voices received for the &s;aid Mr. <HI>Loyd,</HI> who had Voices there for him as they were upon a ju&s;t account, and can be made appear in the whole with tho&s;e of <HI>Mountgomery</HI> Burge&s;&s;es, who Voted for him 219. whereas there were but 82. Votes in the whole for the &s;aid Mr. <HI>Price.</HI></P>
<P>Now in regard the &s;aid Election was made by &s;urprize, whereby the Burge&s;&s;es of <HI>Lanidloes</HI> could not attend the &s;ame for want of notice, who in|tended if they had been pre&s;ent, to Elect to the &s;aid Mr. <HI>Lloyd</HI> Burge&s;s, and that notwith&s;tanding the &s;aid &s;urprize, Mr. <HI>Lloyd</HI> had the Majority of Voices of Burge&s;&s;es pre&s;ent at the &s;aid Election for him, if the &s;aid Votes of the Burroughs of <HI>Pool</HI> and <HI>Lanvylling</HI> had been received and not rejected as afore|&s;aid; and for that by the &s;aid undue means and practice of the &s;aid Bailiffs of <HI>Mountgomery,</HI> the &s;aid three other Burroughs have not only lo&s;t the bene|fit of their Voices in a free Election at this time, but the &s;ame may be drawn in precedent again&s;t them in future Elections.</P>
<P>Notwith&s;tanding by the very expre&s;s words of the Statutes (being Ancient Burroughs within the &s;aid County) they have an undoubted right to give their Voices in all Elections and are lyable and Contributary to the Wages of the re&s;pective Members Elected, have alwayes been &s;o, and ever from the making of the &s;aid Statutes without di&s;pute or que&s;tion had notice of, and did give their Voices in all Elections.</P>
<DIV2 TYPE="petition">
<HEAD>They Humbly Petition.</HEAD>
<P>That the &s;aid Mr. <HI>Price</HI> may not be received to Sit as a Member in Parliament, being unduly Elected as afore&s;aid. That the &s;aid Mr. <HI>Loyd</HI> who had the Majority of Voices, may be returned, and &s;tand Elected Burge&s;s for the &s;aid Burrough. Or that the &s;aid undue Election of Mr. <HI>Price</HI> may be void, and a new free Election granted. Or &s;uch other Releif in the Premi&s;&s;es as to the great Wi&s;dom of the Honourable Hou&s;e of Commons &s;hall &s;eem ju&s;t and meet.</P>
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