titioners Lifts were drawn up fhould be admitted, it would Anno 10. Geo. render that Part of the Refolution quite ufelefs, which re II. 1736.7. lates to the diftinguishing the Heads of Objection against the Names of the Voters excepted to; for if all the Heads of Objection that could poffibly be made against any Voter, fhould be fet against the Name of every Voter, it would be the very fame with making no particular Objection at all, which would leave both Parties as much at Liberty to vex one another, and to take up the Time of the House unneceffarily, as if no fuch Refolution had ever been made: And lastly, that in the particular Cafe then before them, it would be a very great Hardship upon him ; because in the Lifts he had delivered to the Petitioners, he had ftrictly conformed to the Refolution of the House, which would give the Petitioners a very great Advantage over him; therefore he defired they might be ordered to amend their Lifts, and to put them in that Method which was prescribed by the Refolution. To which 'twas answered, That by the Refolution it was not intended to limit either the Petitioners or the fitting Member to the making but one Objection only againit each Voter excepted to; nor could it be fuppofed that the House meant any fuch Thing when they agree'd to that Refolution; because it would be doing Injustice to both, to limit them to the making but one Objection to a Voter against whom they had feveral material Objections; therefore it was to be prefumed, the Refolution intended only to oblige each Party to explain and exprefsly mention the feveral Objections they were to make against each Voter excepted to, which was the Method the Petitioners had taken with refpect to the Lifts they had delivered; and by that Method the fitting Member might know what to do, and could be put to no greater Expence or Trouble than the Nature of the Cafe required; for if he found that any one of the Objections propofed was well founded, and would probably be fufficiently proved, it would be quite unneceffary for him to put himself to any Expence or Trouble in fupporting the Right of a Voter, who, he knew, had no Right; nor could the Time of the House be unneceffarily taken up, because each Party would begin with examining Witnesses as to that Objection which he thought the ftrongeft, and which he thought he could the moft fully prove, and if he found he had fully proved that Objection, he would proceed no further, nor trouble himfelf or the House with proving any other Objection; whereas if his Witnefles for proving that Objection should not, in their Examination before the Houfe, come up to that which they had declared VOL. IV. Gg to Anno 10. Geo, to him in the Country, which was often the Cafe, it would II. 1736-7. be Injuftice to preclude him from proving any other Objection, when he found he neither had nor could fully prove the Objection he had first infifted on; therefore they did not think themselves obliged by the Refolution to amend their Lifts, or to deliver them in any other Manner than what they had done: However, that they might not be thought to intend, and as they did not defire to take any fort of Advantage of the fitting Member, they were willing to amend their Lifts, and to put them in the very fame Method with thofe delivered to them by him; so that it would be quite unneceffary for the Houfe to interpofe in the Affair, or to come to any new Refolution, or Order, upon that Head. tition. This Compliance in the Petitioners prevented a Reply, and likewife prevented the Houfe's coming to any new Refolution, or to any Determinaation, for explaining their former Refolution; fo that the Point in difpute remains undetermined, and, if no-new Law be made for regulating the Elections for Counties, it may be the Subject of fome future Debate. Upon the fame Day, viz. Feb. 2. and immediately after the proper Orders were made for hearing the Petition from Norfolk, as before mentioned, a Petition of Sir John Glynn, Bart. complaining of an undue Election and Return The Flint Pe for the Borough of Flint, in the County of Flint, was prefented to the House and read; and 'twas order'd, That the Matter of the faid Petition fhould be heard upon Tuesday, March 8, then next; which Order was afterwards put off, to Thursday, March 24, when the Houfe proceeded to the Hearing of the Matter of the faid Petition; and the Petition, and the laft Determination of the Houfe, concerning the Right of electing a Burgess to ferve in Parliament for the faid Borough, made May 21, 1728; and also the standing Order of the Houfe, made Jan. 16, 1728, for restraining the Counsel at the Bar of that Houfe, or before the Committee of Privileges and Elections, from offering Evidence touching the Legality of Votes for Members to serve in Parliament for any County, Shire, City, Borough, Cinque Port, or Place, contrary to the last Determination of the House of Commons; were read. Then the Counfel for the Petitioner were heard ; and Counfel beard the original Poll, taken at the faid Election, being produced; and the Title thereof, and the total Number of Votes for each Candidate, being read; they examined feveral Witnesses, touching the Behaviour of the returning Officers at the Time of taking and clofing the faid Poll, and and the Declaration of the Numbor of Votes, and of the Anno 10. Geo That the Couufel for the fitting Member be directed to pro. A Motion. Upon this Motion there was a long Debate, and the Divifion. Question being at laft put, it was carried in the Negative, by 205 to 166. After which, the further Hearing of the Matter of the faid Petition was ordered to be adjourned to Tuesday then next; when the Counsel for the Petitioner proceed in their Evidence; and having propofed to qualify feveral Perfons, whofe Votes for the Petitioner appeared, upon the original Poll taken at the faid Election, to have been difallowed by the returning Officers, they examined Benjamin Hughes, one of the Church-Wardens of the Parish of Flint, at and before the Time of the faid Election, in order to qualify one of the faid Perfons; and a Paper being by the faid Witness produced, purporting to be the Church and Poor Rate for the Borough of Flint in the Year 1733, the Counsel for the fitting Member (having cross-examined him, and examined a Witness in relation to the faid Paper) objected to the admitting of that Paper in Evidence: As to which Objection, the Counfel for the Petitioner were heard by way of Anfwer, and the Counsel for the fitting Member by way of Reply; and then the Counsel on both Sides being, by Direction, withdrawn, the following Motion was made, viz. That the Paper produced by Benjamin Hughes be admitted in Evidence, as the Rate for the Church and Poor of the Bo rough of Flint for the Year 1733. Gg 2 Upon Anno 10. Geo. Upon this Motion there was likewife a Debate, but upon II 1736.7, the Queflion's being put, it was carried in the Negative; and then the further Hearing of this Matter was ordered The Hearing to be adjourned till Thursday Morning then next. adjourned. On that Day the Countel for the Petitioner examined feveral Witneffes, and produced Evidence, in order to qualify feveral Perfons, whofe Votes for the Petitioner appeared, upon the original Poll taken at the said Eiection, to have been difallowed by the returning Officers; and on the Witneffes exa. Tuesday following, being April 5, they examined several mined. A Motion. Rejected. The Hearing adjourned. Refumed. Witneffes, and produced Evidence, in order to add to the Poll of the Petitioner feveral Perfons, who offered to vote for him at the faid Election, but were refused by the returning Officers; and having propofed to add to the faid Poll Matthias Rogers, by proving that his Landlord paid Scot and Lot for the Tenement, in which the faid Matthias Rogers inhabited, they thereupon acquainted the House, that they intended to offer the like Proof, as to the other Perfons; upon which they were directed to withdraw, and upon their being withdrawn, the following Motion was made, viz. That the Inhabitants of the feveral Boroughs of Flint, Rhydland, Caerwys, Caerguerley, and Overton (including Knolton and Overton-Foreign) renting Lands or Tenements, for which the Landlords thereof only pay Scot and Lot, have a Right to vote in the Election of a Burgess to ferve in Parlia ment for the Borough of Flint in the County of Flint. Upon this Motion there was alfo a long Debate, and the previous Question being propofed, viz. Whether the Question fhonld be then pet? It was upon a Divifion carried in the Negative by 149 to 115; fo that there was no Question put upon the Motion: After this the Counsel were again called in, when they proceeded in their Evi. dence, by examining Witneffes, and producing Evidence, in order to add to the Poll of the Petitioner the faid Matthias Rogers, and feveral other Pertons, who offered to vote for the Petitioner at the faid Election, and were refused by the returning Officers. Next Morning, the Houfe, according to Order, proceeded to the further hearing of the faid Matter, when the Counsel for the Petitioner examined feveral Witneffes and produced Evidence, in order to difqualify feveral Perfons, who voted for the fitting Member; after which the further Hearing was ordered to be adjourned to Tuesday the 19th, on Account of Eafter Holy Days. Accordingly, on the 19th, the House refumed the Hearing of the faid Matter, and the Counsel for the fitting Member being heard, they examined feveral Witneffes touching touching the Occafion of examining upon Oath into the Anno 10. Geo. Qualification of the Electors, and of protecting the Poll; II. 1736-7. and touching the Threats and abufive Language offered to the returning Officers, and an Affault upon one of them; and the Declaration of the Number of Votes, and the Demand of a Scrutiny; and the Manner of declaring the Majority, and other Transactions at and after the Election: And the Record of Nifi Prius upon an Information profecuted against Riehard Williams, Clerk, for the faid Assault upon John Roberts, one of the returning Officers, being produced; the Verdict of the Jury, by whom the faid Richard Williams was convicted of the faid Affault, was Adjourned. read: After which the further Hearing was ordered to be adjourned till next Morning. Next Day, and the Day following, the Counfel for the More Wit fitting Member examined feveral Witneffes, and produced nefes exaEvidence, in order to difqualify feveral Perfons, whofe mined. Votes for the Petitioner appeared, upon the original Poll taken at the faid Election, to have been difallowed by the returning Officer, and whom the Petitioner's Counsel had endeavoured to qualify; and in order to disqualify feveral Perfons, who offered to vote for the Petitioner at the faid Election, and were refused by the returning Officers, and whom the Counsel for the Petitioner had endeavoured to add to his Poll; and likewife they examined several Witneffes, in order to juftify the Votes of feveral Perfons who voted for the fitting Member, and whom the Counsel for the Petitioner had endeavoured to difqualify. On Tuesday the 26th, when this Affair was again re- The Hearing fumed, the Counsel for the fitting Member proceeded fur- refumed. ther to justify, as last mentioned; and then they examined Witneffes, and produced Evidence, in order to qualify feveral Perfons who offered to vote for the fitting Member at the faid Election, and were refused by the returning Officers; after which they examined several Witneffes, and produced Evidence, in order to difqualify feveral Perfons, who voted for the Petitioner at the faid Election. On Thursday the 28th, the Counsel for the fitting Mem- Counsel for ber fummed up their Evidence: Then the Counsel for the the fitting Petitioner were heard by way of Reply; and examined Member Jum several Witneffes, and produced Evidence, in order to up the Evijuftify the Votes of several Perfons, who voted for the Peti- dence. tioner at the faid Election, and whom the Counsel for the fitting Member had endeavoured to difqualify; and also to difqualify feveral Perfons, who offered to vote for the fitting Member at the faid Election, and who were refused by the returning Officers, and whom the Counsel for the fitting Member |