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<DATE>2014-06-16</DATE>
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<NAME>TCP Staff (Michigan)</NAME>
<RESP>MURP</RESP>
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<ITEM>Proofed and reviewed as part of batch B140411.apex.</ITEM>
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<IDG S="marc" R="UM" ID="B26788">
<STC T="W">M1825</STC>
<BIBNO T="umi">99833125</BIBNO>
<VID>207864</VID>
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<TEXT LANG="eng">
<BODY>
<DIV1 TYPE="text">
<PB N="1" REF="1" MS="y">
<HEAD>THE Merits of the Election Between the Honourable CRAVEN HOWARD, E&s;q; Petitioner, AND Mr. EDWARD PAUNCEFORT, one of the Sitting Members for the Borough of <HI>Malmsbury.</HI></HEAD>
<P>'TIS Agreed on both &s;ides, That the Right of Election is in an <HI>Alderman, and Twelve Capital Burge&s;&s;es,</HI> upon whom Cu&s;tom has devolved the Right of the re&s;t of the <HI>Burge&s;&s;es;</HI> That One of the Electors was ab&s;ent; That Six, without the <HI>Alderman,</HI> Voted for Mr. <HI>Howard;</HI> Six (of which the <HI>Alderman</HI> was one) for Mr. <HI>Pauncefort.</HI></P>
<P><TABLE>
<ROW>
<CELL ROLE="label">Votes for Mr. <HI>Howard.</HI></CELL>
<CELL ROLE="label">For Mr. <HI>Pauncefort.</HI></CELL>
</ROW>
<ROW>
<CELL><HI>Nicholas Hays,</HI></CELL>
<CELL>* <HI>Edward Brown,</HI></CELL>
</ROW>
<ROW>
<CELL><HI>James Crome,</HI></CELL>
<CELL><HI>Edward Fry,</HI></CELL>
</ROW>
<ROW>
<CELL><HI>Giles Kaines,</HI></CELL>
<CELL>* <HI>John Adey,</HI></CELL>
</ROW>
<ROW>
<CELL><HI>Edmond San&s;ome,</HI></CELL>
<CELL><HI>William Hill,</HI></CELL>
</ROW>
<ROW>
<CELL><HI>Abraham Huggin's,</HI></CELL>
<CELL>* <HI>Robert Nicholls,</HI></CELL>
</ROW>
<ROW>
<CELL><HI>Elias Ferris.</HI></CELL>
<CELL><HI>Richard Dolman,</HI> Alderman.</CELL>
</ROW>
</TABLE></P>
<P>No manner of Objection has been made again&s;t any one of Mr. <HI>Howard</HI>'s Votes, or the lea&s;t Pretence, that he or any <HI>Agent</HI> for him, gave any Treat, or Promi&s;e, or u&s;ed any indirect Means what&s;oever: And indeed, his Intere&s;t was &s;o e&s;tabli&s;h'd, as next Heir to the <HI>Honour</HI> and <HI>E&s;tate</HI> of the <HI>Earl</HI> of <HI>Berks,</HI> who has long been a Neighbour and Benefactor to the Town, and by the Services which Mr. <HI>Howard</HI> had done them, while their <HI>Repre&s;entative in Parliament,</HI> and otherwi&s;e; that 'twould have been the greate&s;t Imprudence imaginable, for him to u&s;e &s;uch Methods as would be nece&s;&s;ary for <NOTE N="(a)" PLACE="marg">Proved by Alderm. <HI>Hays,</HI> and even by Mr. <HI>E&s;court,</HI> produced as a Witne&s;s for Mr. <HI>Pauncefort.</HI></NOTE> one wholly a Stranger, who knew that the Election was <NOTE N="(b)" PLACE="marg">Offer'd to be Prov'd by Col. <HI>Mordant</HI> and Mr. <HI>Pennington.</HI></NOTE> &s;et to &s;ale to the highe&s;t Bidder; and, as <NOTE N="(c)" PLACE="marg"><HI>Vo<GAP DESC="illegible" RESP="MURP" EXTENT="1 letter">es, Sabbati</HI> 16 <HI>Feb.</HI> 1694. <HI>Re&s;olved, Nemine Contradicente.</HI> That Mr. <HI>Edward Pauncefort</HI> (for contriving to Cheat Colonel <HI>Ha&s;tings</HI>'s Regiment of Five Hundred Guinea's, and for giving a Bribe to obtain the King's Bounty) be taken into the Cu&s;tody of the Sergeant at Arms, attending this Hou&s;e. <HI>Vid.</HI> the <HI>Vote</HI> 21 <HI>Feb.</HI> 1694. That he had not dealt Ingenuou&s;ly, but had Prevaricated.</NOTE> appears by the Cen&s;ure of the <HI>Hou&s;e of Commons,</HI> was not unacquainted with the way of Bribing.</P>
<P>The Numbers upon the Poll being equal, it is &s;ubmitted to the Judg|ment of the <HI>Hou&s;e,</HI> Whether any pretence of Cu&s;tom in that Town, can warrant the Principal Officer's Acting as Two Men, in Returns to Parlia|ment; and, Whether the way of Voting for Members, ought not to be Govern'd by the <HI>Cu&s;tom of Parliament,</HI> where the <HI>Speaker</HI> or <HI>Chairman</HI>
<PB N="2" REF="2" MS="y"> gives no Vote to defeat any Re&s;olution; but when they are equal, adds his Vote to turn the Scale.</P>
<P>Therefore Mr. <HI>Howard</HI> having the Majority without the <HI>Alderman</HI> (as 'tis conceived) ought to have been Return'd, to prevent the nece&s;&s;ity of repeating of new Elections. Be&s;ides, <HI>Thirteen</HI> being the Number of the <HI>Electors,</HI> for the Chief Officer to &s;upply the Room of one ab&s;ent <NOTE N="*" PLACE="marg"><HI>John Turner,</HI> one of the Bur|ge&s;&s;es, near 90, was con|vey'd away.</NOTE>, &s;eems contrary to the nature of the Con&s;titution: For by the &s;ame rea&s;on, if that Man were pre&s;ent, Six, of which the <HI>Alderman</HI> were one, would defeat the Election of t'other Seven.</P>
<P>'Tis to be ob&s;erved, That the <NOTE N="*" PLACE="marg">viz. <HI>Abraham Huggins.</HI></NOTE> <HI>Old Man</HI> who &s;aid it, had been twice &s;o, upon Returns to Parliament, could name neither Times nor Per&s;ons, and &s;aid the Numbers both times were but Four and Four; which is very improbable, nor did he pretend that the <HI>Hou&s;e of Commons</HI> had made any Determination thereupon.</P>
<P>However, 'tis humbly conceiv'd, that Mr. <HI>Howard</HI> has Prov'd enough to di&s;able Three of Mr. <HI>Pauncefort</HI>'s Votes.</P>
<P N="1">I. <HI>Robert Nicholls</HI> was Prov'd to be an <HI>Anabapti&s;t,</HI> being &s;o reputed, and <NOTE PLACE="marg"><HI>Robert Nicholls</HI> di&s;abled for not Receiving the Sacrament. The Witne&s;s, <HI>Jo&s;eph Hancock.</HI></NOTE> going to their Meetings; and if Evidence of his own Confe&s;&s;ion would have been receiv'd, 'twould have been Prov'd that he declar'd he neither had Re|ceived the Sacrament according to the <HI>Church of England,</HI> nor would upon any account. The Councel on the other Side, admitted, That &s;ince he had no Vote but as <HI>Capital Burge&s;s,</HI> the not having Receiv'd the Sacrament, <NOTE PLACE="marg">13 <HI>Car.</HI> 2. Stat. 2. c. 1.</NOTE> by the Statute of 13 <HI>Car.</HI> 2. would be a Di&s;ability; but would not admit the Proof which was offered, &s;ufficient to put them upon &s;hewing that he had not Receiv'd it; though they could not but know, That in &s;uch Ca&s;es, the Law, as 'tis taken in <HI>We&s;tmin&s;ter-Hall,</HI> puts the Proof upon the Party <NOTE PLACE="marg">B. C.</NOTE> accu&s;ed; as was held in the Ca&s;e of <HI>Slatford</HI> and <HI>Thur&s;ton,</HI> upon an Action for fal&s;ely Returning, That the Party had not taken the Sacrament, to <NOTE PLACE="marg"><HI>Oxon. Michaelmas,</HI> 1697.</NOTE> qualifie him to be an Officer in the Corporation.</P>
<P N="2">II. Mr. <HI>Howard</HI> was deprived of the Te&s;timonies of <HI>Edward Brown,</HI> Se|nior, <NOTE PLACE="marg"><HI>Edward Brown</HI> di&s;abled, being Bribed by <HI>Wil|liam Adey,</HI> A|gent for Mr. <HI>Pauncefort,</HI> Prov'd by <HI>Ed. Brown,</HI> Jun.</NOTE> and Four more who join'd (in a Bond, &s;ince Cancell'd, without any Money Paid or Promis'd) Condition'd to Indempnifie him for giving Evi|dence of his being Brib'd, by <HI>William Adey,</HI> Deputy-Steward or Town-Clerk, to Vote for &s;uch as he &s;hould Name, with a Promi&s;e confirm'd by Mr. <HI>Paunce|fort</HI> him&s;elf, to advance 60 <HI>l.</HI> for Paying off a Mortgage upon his E&s;tate; and afterwards receiving Three Guineas of <HI>William Adey</HI> in part of Payment for his Vote. However <HI>Anthony Martin,</HI> produced on the other Side to prove the <NOTE N="*" PLACE="marg"><HI>Anthony Martin</HI> call'd as a Wit|ne&s;s for t'other Side. And the Affi|davit of <HI>Edw. Brown,</HI> Sen. of which <HI>Wal|ter White,</HI> E&s;q; a Member of the <HI>Hou&s;e,</HI> can give an Ac|count.</NOTE> <NOTE N="*" PLACE="marg"><HI>Note,</HI> Mr. <HI>Ho|ward</HI> knew no|thing of the Bond till 'twas delivered up.</NOTE> Bond, gave Evidence that the Di&s;covery was made by <HI>Brown,</HI> and at his Reque&s;t put into Writing by <HI>Martin,</HI> before any Bond was given. And 'tis referred to Mr. <HI>White,</HI> a Member of the Hou&s;e, to give an Account of <HI>Brown</HI>'s Affidavit taken before him; wherein he confe&s;&s;eth the &s;aid Bribery. It al&s;o appears, That he was Treated by <HI>John Adey,</HI> for &s;uch Per&s;ons as <HI>John would Chu&s;e</HI> for Parliament Men. Be&s;ides which, <HI>Brown</HI>'s Son declared, That he knew his Father had Money; That he &s;hewed him <HI>Three Guineas</HI> at one time, and <HI>Three</HI> at another, which he &s;aid <HI>William Adey</HI> gave him for his Vote; and that within two or three Days after his Father had di&s;cover'd the Bribery, and had withdrawn, for fear of Trouble upon that Account, <HI>William Adey</HI> gave <HI>Edward Brown,</HI> Junior, Two Guineas, and then One more, to Endeavour to bring back his Father; declaring he had given him Money for his Vote: And if the Son could not find him, the Father would make the Election Void.</P>
<P N="3"><PB N="3" REF="2" MS="y"> III. <HI>John Adey,</HI> another of the Voters for Mr. <HI>Pauncefort,</HI> was proved <NOTE PLACE="marg"><HI>John Adey</HI> di&s;|abled as an A|gent for Mr. <HI>Pauncefort,</HI> be&s;peaking Treats, and being him&s;elf Treated for his Vote. <HI>Note,</HI> He be|ing produced as a Witne&s;s for Mr. <HI>Pauncefort,</HI> one of the Councel would have given him up, becau&s;e of this Objection; but was check'd by the other, as therein yielding the Cau&s;e.</NOTE> more than once to have ordered <HI>John Woodman,</HI> to di&s;tribute Syder and Beer, to the value of Nine Pounds, to him&s;elf and the re&s;t of the <HI>Electors;</HI> for which he declared, &s;uch Parliament Men as he would Chu&s;e &s;hould Pay; of which <HI>William Adey</HI> promis'd Payment: And afterwards ask'd for <HI>Woodman</HI>'s Bill, and tender'd him Five Guineas, which he would not take, not being his full Due.</P>
<P>The An&s;wer to this was, That the Treats were for all the Burge&s;&s;es, and not in order to the Election: But it appears by <HI>John Adey</HI>'s Declaration, that at lea&s;t he him&s;elf took the Treats for that end, placing them to the Account of <HI>&s;uch as he would Chu&s;e;</HI> And Mr. <HI>Pauncefort</HI>'s Agent, <HI>William Adey,</HI> confirm'd the &s;ame, promi&s;ing to Pay, and offering Five Guineas for tho&s;e Treats.</P>
<P>That <HI>William Adey</HI> was an Agent for Mr. <HI>Pauncefort,</HI> appears not only by this In&s;tance, but further,</P>
<P N="1">1. By his pre&s;&s;ing <HI>Brown</HI> the Burge&s;s, to Vote for &s;uch as he &s;hould <NOTE PLACE="marg"><HI>Adey</HI>'s procu|ring Votes for &s;uch as he Thould Name.</NOTE> Name.</P>
<P N="2">2. By his Adjourning the Poll from the Market-Cro&s;s, to a Private Room in a Tavern, for the convenience of his giving Signs whom he <NOTE PLACE="marg">His Contri|vance to let the Electors know for whom he Brib'd them, Prov'd by Mr. <HI>Pye.</HI></NOTE> would have Cho&s;en; and making a particular Sign to <HI>the Electors,</HI> who&s;e Eyes were upon him, at the Naming Mr. <HI>Pauncefort;</HI> of which <HI>Richard Pye,</HI> E&s;q; <HI>a Member</HI> of the Hou&s;e, may plea&s;e to inform the Hou&s;e.</P>
<P N="3">3. <HI>William Adey</HI>'s giving Money to <HI>Brown</HI>'s Son, to prevent his Father's Di&s;covery, <HI>le&s;t it &s;hould void Mr.</HI> Pauncefort<HI>'s Election;</HI> and going <NOTE PLACE="marg">His Giving and Paying Money for Mr. <HI>Paunce|fort.</HI></NOTE> with Mr. <HI>Pauncefort</HI> to Alderman <HI>Hays,</HI> where Mr. <HI>Pauncefort</HI> Treated his own Voters, and two of Mr. <HI>Howard</HI>'s, to procure Sub&s;criptions, That he had given no Bribes: And <HI>William Adey</HI> paid 20 <HI>s.</HI> to Mr. <HI>Hays,</HI> towards what was drunk at his Hou&s;e upon that Account.</P>
<P>Much more would have appear'd again&s;t <HI>William Adey,</HI> if Colonel <HI>Mor|dant,</HI> and Mr. <HI>Pennington</HI> might have been admitted to prove his &s;etting the Election to Sale, before he had been proved <HI>Agent</HI> for Mr. <HI>Pauncefort;</HI> and if they (coming as Witne&s;&s;es for Sir <HI>Thomas Skipwith)</HI> had not gone away, upon his being deprived of the Evidence of <HI>Brown,</HI> Senior, and the Four who had been Bound to Indempnifie him for his Di&s;covery.</P>
<P>Upon the whole, if 'twere admitted that the <HI>Alderman</HI> might give two Votes for Mr. <HI>Pauncefort;</HI> yet, as 'tis conceived, Mr. <HI>Howard</HI> has two good Votes more than Mr. <HI>Pauncefort;</HI> three, if the Alderman has but a Single Vote; and four, if he ought not to Vote contrary to the Practice in <HI>Par|liament,</HI> and the Nature of the Con&s;titution of that <HI>Borough,</HI> which has an odd Number of <HI>Electors.</HI></P>
<P><HI>'Tis conceiv'd that</HI> Nichols <HI>&s;hall not be pre&s;um'd, without Proof, to have Receiv'd the Sacrament contrary to his avow'd Principle; That the Votes of</HI> Brown <HI>and</HI> John Adey, <HI>procur'd by Bribes and Treats, are wholly Void; And that Mr.</HI> Howard <HI>was duely Cho&s;en by the</HI> Majority <HI>of Per&s;ons qualified to Chu&s;e.</HI></P>
<PB REF="3" MS="y">
</DIV1>
<DIV1 TYPE="half title">
<PB REF="3">
<P>CASE Of the Honourable CRAVEN HOWARD, E&s;q; Again&s;t Mr. EDWARD PAUNCEFORT, Touching the Election of <HI>Malmsbury.</HI></P>
<P><HI>Appointed to be Reported on</HI> Mon|day, <HI>the</HI> 27th. <HI>In&s;tant.</HI></P>
</DIV1>
</BODY>
</TEXT>
</EEBO>
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