THE
Merits
of
the
Election
Between
the
Honourable
CRAVEN
HOWARD
,
Esq
;
Petitioner
,
AND
Mr.
EDWARD
PAUNCEFORT
,
one
of
the
Sitting
Members
for
the
Borough
of
Malmsbury
.
't
is
Agreed
on
both
sides
,
That
the
Right
of
Election
is
in
an
Alderman
,
and
Twelve
Capital
Burgesses
,
upon
whom
Custom
has
devolved
the
Right
of
the
rest
of
the
Burgesses
;
That
One
of
the
Electors
was
absent
;
That
Six
,
without
the
Alderman
,
Voted
for
Mr.
Howard
;
Six
(
of
which
the
Alderman
was
one
)
for
Mr.
Pauncefort
.
|
Votes
for
Mr.
Howard
.
|
For
Mr.
Pauncefort
.
|
Nicholas
Hays
,
|
*
Edward
Brown
,
|
James
Crome
,
|
Edward
Fry
,
|
Giles
Kaines
,
|
*
John
Adey
,
|
Edmond
Sansome
,
|
William
Hill
,
|
Abraham
Huggin's
,
|
*
Robert
Nicholls
,
|
Elias
Ferris
.
|
Richard
Dolman
,
Alderman
.
|
No
manner
of
Objection
has
been
made
against
any
one
of
Mr.
Howard's
Votes
,
or
the
least
Pretence
,
that
he
or
any
Agent
for
him
,
gave
any
Treat
,
or
Promise
,
or
used
any
indirect
Means
whatsoever
:
And
indeed
,
his
Interest
was
so
establish'd
,
as
next
Heir
to
the
Honour
and
Estate
of
the
Earl
of
Berks
,
who
has
long
been
a
Neighbour
and
Benefactor
to
the
Town
,
and
by
the
Services
which
Mr.
Howard
had
done
them
,
while
their
Representative
in
Parliament
,
and
otherwise
;
that
't
would
have
been
the
greatest
Imprudence
imaginable
,
for
him
to
use
such
Methods
as
would
be
necessary
for
Proved
by
Alderm
.
Hays
,
and
even
by
Mr.
Escourt
,
produced
as
a
Witness
for
Mr.
Pauncefort
.
one
wholly
a
Stranger
,
who
knew
that
the
Election
was
Offer'd
to
be
Prov'd
by
Col.
Mordant
and
Mr.
Pennington
.
set
to
sale
to
the
highest
Bidder
;
and
,
as
Vo●es
,
Sabbati
16
Feb.
1694.
Resolved
,
Nemine
Contradicente
.
That
Mr.
Edward
Pauncefort
(
for
contriving
to
Cheat
Colonel
Hastings's
Regiment
of
Five
Hundred
Guinea's
,
and
for
giving
a
Bribe
to
obtain
the
King's
Bounty
)
be
taken
into
the
Custody
of
the
Sergeant
at
Arms
,
attending
this
House
.
Vid
.
the
Vote
21
Feb.
1694.
That
he
had
not
dealt
Ingenuously
,
but
had
Prevaricated
.
appears
by
the
Censure
of
the
House
of
Commons
,
was
not
unacquainted
with
the
way
of
Bribing
.
The
Numbers
upon
the
Poll
being
equal
,
it
is
submitted
to
the
Judgment
of
the
House
,
Whether
any
pretence
of
Custom
in
that
Town
,
can
warrant
the
Principal
Officer's
Acting
as
Two
Men
,
in
Returns
to
Parliament
;
and
,
Whether
the
way
of
Voting
for
Members
,
ought
not
to
be
Govern'd
by
the
Custom
of
Parliament
,
where
the
Speaker
or
Chairman
gives
no
Vote
to
defeat
any
Resolution
;
but
when
they
are
equal
,
adds
his
Vote
to
turn
the
Scale
.
Therefore
Mr.
Howard
having
the
Majority
without
the
Alderman
(
as
't
is
conceived
)
ought
to
have
been
Return'd
,
to
prevent
the
necessity
of
repeating
of
new
Elections
.
Besides
,
Thirteen
being
the
Number
of
the
Electors
,
for
the
Chief
Officer
to
supply
the
Room
of
one
absent
John
Turner
,
one
of
the
Burgesses
,
near
90
,
was
convey'd
away
.
,
seems
contrary
to
the
nature
of
the
Constitution
:
For
by
the
same
reason
,
if
that
Man
were
present
,
Six
,
of
which
the
Alderman
were
one
,
would
defeat
the
Election
of
t'other
Seven
.
't
is
to
be
observed
,
That
the
viz.
Abraham
Huggins
.
Old
Man
who
said
it
,
had
been
twice
so
,
upon
Returns
to
Parliament
,
could
name
neither
Times
nor
Persons
,
and
said
the
Numbers
both
times
were
but
Four
and
Four
;
which
is
very
improbable
,
nor
did
he
pretend
that
the
House
of
Commons
had
made
any
Determination
thereupon
.
However
,
't
is
humbly
conceiv'd
,
that
Mr.
Howard
has
Prov'd
enough
to
disable
Three
of
Mr.
Pauncefort's
Votes
.
I.
Robert
Nicholls
was
Prov'd
to
be
an
Anabaptist
,
being
so
reputed
,
and
Robert
Nicholls
disabled
for
not
Receiving
the
Sacrament
.
The
Witness
,
Joseph
Hancock
.
going
to
their
Meetings
;
and
if
Evidence
of
his
own
Confession
would
have
been
receiv'd
,
't
would
have
been
Prov'd
that
he
declar'd
he
neither
had
Received
the
Sacrament
according
to
the
Church
of
England
,
nor
would
upon
any
account
.
The
Councel
on
the
other
Side
,
admitted
,
That
since
he
had
no
Vote
but
as
Capital
Burgess
,
the
not
having
Receiv'd
the
Sacrament
,
13
Car
.
2.
Stat.
2.
c
.
1.
by
the
Statute
of
13
Car
.
2.
would
be
a
Disability
;
but
would
not
admit
the
Proof
which
was
offered
,
sufficient
to
put
them
upon
shewing
that
he
had
not
Receiv'd
it
;
though
they
could
not
but
know
,
That
in
such
Cases
,
the
Law
,
as
't
is
taken
in
Westminster-Hall
,
puts
the
Proof
upon
the
Party
B.
C.
accused
;
as
was
held
in
the
Case
of
Slatford
and
Thurston
,
upon
an
Action
for
falsely
Returning
,
That
the
Party
had
not
taken
the
Sacrament
,
to
Oxon
.
Michaelmas
,
1697.
qualifie
him
to
be
an
Officer
in
the
Corporation
.
II
.
Mr.
Howard
was
deprived
of
the
Testimonies
of
Edward
Brown
,
Senior
,
Edward
Brown
disabled
,
being
Bribed
by
William
Adey
,
Agent
for
Mr.
Pauncefort
,
Prov'd
by
Ed.
Brown
,
Jun.
and
Four
more
who
join'd
(
in
a
Bond
,
since
Cancell'd
,
without
any
Money
Paid
or
Promis'd
)
Condition'd
to
Indempnifie
him
for
giving
Evidence
of
his
being
Brib'd
,
by
William
Adey
,
Deputy-Steward
or
Town-Clerk
,
to
Vote
for
such
as
he
should
Name
,
with
a
Promise
confirm'd
by
Mr.
Pauncefort
himself
,
to
advance
60
l.
for
Paying
off
a
Mortgage
upon
his
Estate
;
and
afterwards
receiving
Three
Guineas
of
William
Adey
in
part
of
Payment
for
his
Vote
.
However
Anthony
Martin
,
produced
on
the
other
Side
to
prove
the
Anthony
Martin
call'd
as
a
Witness
for
t'other
Side
.
And
the
Affidavit
of
Edw
.
Brown
,
Sen.
of
which
Walter
White
,
Esq
;
a
Member
of
the
House
,
can
give
an
Account
.
Note
,
Mr.
Howard
knew
nothing
of
the
Bond
till
't
was
delivered
up
.
Bond
,
gave
Evidence
that
the
Discovery
was
made
by
Brown
,
and
at
his
Request
put
into
Writing
by
Martin
,
before
any
Bond
was
given
.
And
't
is
referred
to
Mr.
White
,
a
Member
of
the
House
,
to
give
an
Account
of
Brown's
Affidavit
taken
before
him
;
wherein
he
confesseth
the
said
Bribery
.
It
also
appears
,
That
he
was
Treated
by
John
Adey
,
for
such
Persons
as
John
would
Chuse
for
Parliament
Men
.
Besides
which
,
Brown's
Son
declared
,
That
he
knew
his
Father
had
Money
;
That
he
shewed
him
Three
Guineas
at
one
time
,
and
Three
at
another
,
which
he
said
William
Adey
gave
him
for
his
Vote
;
and
that
within
two
or
three
Days
after
his
Father
had
discover'd
the
Bribery
,
and
had
withdrawn
,
for
fear
of
Trouble
upon
that
Account
,
William
Adey
gave
Edward
Brown
,
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
.
III
.
John
Adey
,
another
of
the
Voters
for
Mr.
Pauncefort
,
was
proved
John
Adey
disabled
as
an
Agent
for
Mr.
Pauncefort
,
bespeaking
Treats
,
and
being
himself
Treated
for
his
Vote
.
Note
,
He
being
produced
as
a
Witness
for
Mr.
Pauncefort
,
one
of
the
Councel
would
have
given
him
up
,
because
of
this
Objection
;
but
was
check'd
by
the
other
,
as
therein
yielding
the
Cause
.
more
than
once
to
have
ordered
John
Woodman
,
to
distribute
Syder
and
Beer
,
to
the
value
of
Nine
Pounds
,
to
himself
and
the
rest
of
the
Electors
;
for
which
he
declared
,
such
Parliament
Men
as
he
would
Chuse
should
Pay
;
of
which
William
Adey
promis'd
Payment
:
And
afterwards
ask'd
for
Woodman's
Bill
,
and
tender'd
him
Five
Guineas
,
which
he
would
not
take
,
not
being
his
full
Due
.
The
Answer
to
this
was
,
That
the
Treats
were
for
all
the
Burgesses
,
and
not
in
order
to
the
Election
:
But
it
appears
by
John
Adey's
Declaration
,
that
at
least
he
himself
took
the
Treats
for
that
end
,
placing
them
to
the
Account
of
such
as
he
would
Chuse
;
And
Mr.
Pauncefort's
Agent
,
William
Adey
,
confirm'd
the
same
,
promising
to
Pay
,
and
offering
Five
Guineas
for
those
Treats
.
That
William
Adey
was
an
Agent
for
Mr.
Pauncefort
,
appears
not
only
by
this
Instance
,
but
further
,
1.
By
his
pressing
Brown
the
Burgess
,
to
Vote
for
such
as
he
should
Adey's
procuring
Votes
for
such
as
he
Thould
Name
.
Name
.
2.
By
his
Adjourning
the
Poll
from
the
Market-Cross
,
to
a
Private
Room
in
a
Tavern
,
for
the
convenience
of
his
giving
Signs
whom
he
His
Contrivance
to
let
the
Electors
know
for
whom
he
Brib'd
them
,
Prov'd
by
Mr.
Pye
.
would
have
Chosen
;
and
making
a
particular
Sign
to
the
Electors
,
whose
Eyes
were
upon
him
,
at
the
Naming
Mr.
Pauncefort
;
of
which
Richard
Pye
,
Esq
;
a
Member
of
the
House
,
may
please
to
inform
the
House
.
3.
William
Adey's
giving
Money
to
Brown's
Son
,
to
prevent
his
Father's
Discovery
,
lest
it
should
void
Mr.
Pauncefort's
Election
;
and
going
His
Giving
and
Paying
Money
for
Mr.
Pauncefort
.
with
Mr.
Pauncefort
to
Alderman
Hays
,
where
Mr.
Pauncefort
Treated
his
own
Voters
,
and
two
of
Mr.
Howard's
,
to
procure
Subscriptions
,
That
he
had
given
no
Bribes
:
And
William
Adey
paid
20
s
.
to
Mr.
Hays
,
towards
what
was
drunk
at
his
House
upon
that
Account
.
Much
more
would
have
appear'd
against
William
Adey
,
if
Colonel
Mordant
,
and
Mr.
Pennington
might
have
been
admitted
to
prove
his
setting
the
Election
to
Sale
,
before
he
had
been
proved
Agent
for
Mr.
Pauncefort
;
and
if
they
(
coming
as
Witnesses
for
Sir
Thomas
Skipwith
)
had
not
gone
away
,
upon
his
being
deprived
of
the
Evidence
of
Brown
,
Senior
,
and
the
Four
who
had
been
Bound
to
Indempnifie
him
for
his
Discovery
.
Upon
the
whole
,
if
't
were
admitted
that
the
Alderman
might
give
two
Votes
for
Mr.
Pauncefort
;
yet
,
as
't
is
conceived
,
Mr.
Howard
has
two
good
Votes
more
than
Mr.
Pauncefort
;
three
,
if
the
Alderman
has
but
a
Single
Vote
;
and
four
,
if
he
ought
not
to
Vote
contrary
to
the
Practice
in
Parliament
,
and
the
Nature
of
the
Constitution
of
that
Borough
,
which
has
an
odd
Number
of
Electors
.
't
is
conceiv'd
that
Nichols
shall
not
be
presum'd
,
without
Proof
,
to
have
Receiv'd
the
Sacrament
contrary
to
his
avow'd
Principle
;
That
the
Votes
of
Brown
and
John
Adey
,
procur'd
by
Bribes
and
Treats
,
are
wholly
Void
;
And
that
Mr.
Howard
was
duely
Chosen
by
the
Majority
of
Persons
qualified
to
Chuse
.