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<DATE>2011-01-06</DATE>
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<NAME>Mona Logarbo</NAME>
<RESP>MURP</RESP>
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<ITEM>Proofed and reviewed as part of batch B110010.pdcc.</ITEM>
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<EEBO>
<IDG S="marc" R="UM" ID="B02587">
<STC T="W">C935</STC>
<BIBNO T="oclc">52211910</BIBNO>
<VID>175480</VID>
</IDG>
<TEXT LANG="eng">
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<DIV1 TYPE="text">
<PB REF="1">
<HEAD>The CASE of John Prideaux <ABBR>E&s;q</ABBR> Upon his PETITION again&s;t <HI>FRANCIS STRATFORD</HI> <ABBR>E&s;q</ABBR> the Sitting Member, for the Borough of <HI>Newport,</HI> in the County of <HI>Cornwall.</HI></HEAD>
<HEAD TYPE="sub">The <HI>Petitioner</HI> Complains of Illegal and Arbitrary Proceedings of the <HI>Vianders</HI> at the Election; and of an &V;ndue Return manife&s;tly Injurious to the <HI>Petitioner.</HI></HEAD>
<P>UPON the Day of the Election, the Electors (who are agreed to be tho&s;e who have Freehold in the Borough, tho they live out of the Borough, and Inhabitants in the Borough paying Scott and Lot) met at the u&s;ual place; and the end of their meeting being made known to them by the Vyanders, a great number of the Electors demanded to be Polled for the Petitioner: but the Vyander adjourned the Poll to a private Hou&s;e, where the doors were &s;hut again&s;t all who who offer'd to Vote for the Petitioner; nor were they admitted, but with &s;ome di&s;turbance, and after much delay.</P>
<P>When the Poll was taken, SEVENTY TWO Voted for the Petitioner, and only THIRTY NINE for the Sitting Member; and the Petitioner and the Electors de&s;iring Mr. <HI>Morrice</HI> (one of the Vyanders) to declare the Election; <HI>he an&s;wer'd,</HI> he would <HI>delare</HI> it <HI>when he would, where he would, and for whom he would;</HI> and then withdrew to his Nephew's Hou&s;e in another County; where, with the other Vyanders only, and without any of the Electors privity or Signing the Indenture (contrary to the con&s;tant practi&s;e) they made a Return for the Sitting Member; neither did the Vyanders ever declare to the Borough whom they had Returned.</P>
<P>Thus Mr. <HI>Morrice</HI> made good his Arbitrary Declaration; and <HI>William I&s;bell</HI> (the other Vyander, a poor Man, and ab&s;olutely ma|naged by Mr. <HI>Morrice</HI>) being ask'd how he dar'd to make that Return? &s;aid <HI>It was only a Money Matter, that Mr.</HI> Morrice <HI>would &s;ave him harmle&s;s, and had given him a Bond of</HI> 1000 l. <HI>to Indemnifie him.</HI></P>
<P>All this was proved by Mr. <HI>Horwell</HI> Clerk of the Peace for the County of <HI>Cornwall;</HI> and can be atte&s;ted by Mr. <HI>Cary,</HI> and Mr. <HI>Manaton,</HI> two of the Members of this Honourable Hou&s;e.</P>
<P>Mr. <HI>Morrice,</HI> to give &s;ome colour to this foul practi&s;e, having denied the Petitioner a Copy, and a Scrutiny of the Poll, when regu|larly and duly demanded; about four days after the Election and Return, &s;ent the Petitioner a Paper containing the Names of the Petitioner's Electors, with Exceptions to all but NINE of them, as if they were not qualified; and upon this Scheme the Sitting Mem|ber defended him&s;elf, before the Honourable Committee of Elections.</P>
<P>But the Petitioner conceives he then fully ju&s;tified all his Votes but EIGHTEEN at the mo&s;t, (and tho&s;e were Inhabitants) which being deducted, his Number will be FIFTY FOUR. And the Petitioner did then di&s;qualifie FIFTEEN of the Sitting Member's Votes, which reduced his Number to TWENTY FOUR; &s;o there remains a Majority on the Petitioner's &s;ide of THIRTY, as the Petitioner Conceives, and hopes will appear to this Honourable Hou&s;e, by the Report from the &s;aid Committee.</P>
<P>The Return therefore is evidently fal&s;e, and the Petitioner thereby wronged; and he hopes that he &s;hall be adjuged to be duly Elected, notwith&s;tanding the Endeavours u&s;ed to Incapacitate him upon the pretence of Bribery, or Treating.</P>
<P>The Bribery and Treating pretended, is attempted to be proved by one <HI>Hicks,</HI> who &s;ays <HI>that Mr.</HI> Fo&s;ter <HI>brought him Half a Crown from Colonel</HI> Specott, <HI>and de&s;ired his Vote for the Petitioner: That a great Entertainment of Punch was made at Mr.</HI> Horwell<HI>'s, when Mr.</HI> Prideaux <HI>was pre&s;ent, and Sollicited for Votes: That a Treat was at Mr.</HI> Fo&s;ter's, but he does not &s;ay who was pre&s;ent at it: <HI>That he drew Ale for about twenty Per&s;ons; and that Mr.</HI> Fo&s;ter <HI>told him if he would tru&s;t for</HI> 10 s. <HI>worth, Mr.</HI> Horwell <HI>would pay it.</HI></P>
<P>One <HI>Rattenbury</HI> &s;ays, <HI>That</HI> Pepperell <HI>told him, that if he would not Vote for the Petitioner, he &s;hould lo&s;e a pair of Gloves.</HI></P>
<P>As to the Evidence of <HI>Rattenberry,</HI> that is only hear-&s;ay, and can no way affect the Petitioner.</P>
<P>To the Evidence of <HI>Hicks,</HI> the Petitioner by his Witne&s;&s;es has given this ('tis hoped clear and convincing) An&s;wer. By <HI>Glanville</HI> and <HI>Kittowe</HI> (both Men of good Credit) <HI>That</HI> Hicks <HI>is now Servant to Mr.</HI> Morrice, <HI>by whom he &s;aid he &s;hould get more than by the Pe|titioner: That</HI> Hicks <HI>&s;aid he would &s;ay any thing rather than Mr.</HI> Stratford <HI>&s;hould lo&s;e the Election, becau&s;e Colonel</HI> Speccott <HI>had taken away his Gun, and Mr.</HI> Horwell <HI>had Sued him &s;ince the Election. That he had declared he never had any Order from the Petitioner to draw any Drink.</HI></P>
<P>Nor is it pretended that the Petitioner ever promi&s;ed to pay, or did pay for any, or any other per&s;on by his direction.</P>
<P>By Mr. <HI>Horwell,</HI> and Mr. <HI>Bewes,</HI> Men of good E&s;tates, and as fair Reputations; it is proved, <HI>That Colonel</HI> Speccott, <HI>a Gentleman of known Worth and Honour, has for fourteen Years pa&s;t at</HI> Chri&s;tmas <HI>time u&s;ed to be Ho&s;pitable and Charitable to the Inhabitants of this Borough, and his Neighbouring Pari&s;hioners:</HI> That <HI>the method of doing it this</HI> Chri&s;tmas <HI>before the Election, was by the Advice of, and according to a Li&s;t given in by Mr.</HI> Kittowe, <HI>Mr.</HI> Stratford<HI>'s Friend, that the Di&s;tribution was without di&s;tinction, as well to tho&s;e who Voted for the Sitting Member and Petioner, as tho&s;e who had no Votes at all; and that it was done without any Condition, or any Reque&s;t made of Voting for the Petitioner.</HI></P>
<P>&rindx; <HI>Note,</HI> That the Inducement for &s;uch the Colonel's Charity and Entertainment at <HI>Chri&s;tmas</HI> times, was in return to their a&s;&s;i&s;ting him in his Harve&s;ts, and that they had Money and Corn this Year, but were not Entertained at the Colonel's Hou&s;e as u&s;ual, by rea&s;on of his extream Illne&s;s.</P>
<P>By Mr. <HI>Horwell</HI> it's prov'd, <HI>That this Entertainment was no more than he u&s;ed ordinarily at &s;uch a Sea&s;on to make; That it was not made on any de&s;ign relating to the En&s;uing Election; That there was no talk of it by any but</HI> Hicks, <HI>and that Mr.</HI> Prideaux <HI>his being there, was purely Ca&s;ual.</HI></P>
<P>And as to Mr. <HI>Fo&s;ter</HI>'s Treat, it is not offer'd to be prov'd that it had any Relation to the <HI>Election;</HI> nor is it <HI>proved</HI> that Mr. <HI>Prideaux or any of the Electors</HI> were there.</P>
<P>Now if it was the Vyanders Duty to return the per&s;on who had the Majority of the Electors Voices, and they have no Authority to Judge of the Capacity of the Candidates (as it is hoped they have not) then the Petitioner ought to have been Returned; and if the Honour of &s;o Worthy a Gentleman as Colonel <HI>Speccott</HI> be rather to be pre&s;umed, than the Evidence of a mean intere&s;ted Fellow admitted to bla&s;t it; and if the Evidence of three or four Per&s;ons of good Credit and E&s;tates be rather to be believed, than the Evidence of &s;o vile a Fellow as <HI>Hicks;</HI></P>
<P><HI>Then 'tis Humbly Hoped the Honourable Hou&s;e of Commons will not adjudge the Petitioner Incapacitated to be a Mem|ber, but will Re&s;olve him to be duly Elected.</HI></P>
</DIV1>
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<DIV1 TYPE="docket title">
<PB REF="2">
<P><HI>John Prideaux</HI> the PETITIONER, Again&s;t <HI>Francis Stratford</HI> <ABBR>E&s;q</ABBR> the Sitting Member.</P>
<P>The PETITIONER'S CASE.</P>
</DIV1>
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