enormous, and given without distinction, or inquiry, they were in fact given as bribes, under the colour of fubfiftence money. Laftly, that the offer of so large a sum of money to the master of the veffel for demurrage, was a distinct and palpable act of bribery. for the fit It was answered on the part of the fitting members, that Argument the tickets were iffued for the purpose of entertaining the ting memvoters after the canvaís, at a period, at which fuch enter- bers. tainment was perfectly legal, provided they were not given with any corrupt motive; which, it was infifted, was not fufficiently proved in the prefent cafe. That the knowledge of the tickets being applied to other purposes befides entertainment, had not been carried home to the fitting members; and that the money paid to the mafter of the veffel, was not " a bribe, but an indemnity. The arguments upon that part of the cafe which related to the out-voters, were the fame as had been urged in the cafe of Herefordshire, ante, p. 194, 195; and it was contended that these expences, though large, were not corrupt, or extravagant, confidering the length of the journey, the condition of the voters, and the time they were abfent from home. The committee decided, 5th April 1803; "That at the Decifion. laft election for the borough of Berwick upon Tweed, Thomas Hall, Efq. and John Fordyce, Efq. did act in violation of the ft. of W. 3. "That it appears to this committee, that Tho. Hall, Efq. and John Fordyce, Efq. did act in violation of the laws, and particularly of the laws for preventing bribery, and corruption in the election of members to ferve in parliament. "That it does not appear that Tho. Hall, Efq. and John Fordyce, Efq. had not in law or equity a fufficient qualification arifing out of land to enable them to ferve in par liament. "That the last election was a void election." CASE XXIII. THE TOWN AND BOROUGH OF TAUNTON IN THE The Committee was appointed on the 28th of April 1803, and confifted of the Petitioners. Sitting Members. Walter Jones, Esq. Ja. Hamlyn Williams, Efq. Will, Burroughs, Efq. Dan. Giles, Efq. for the Peti- Rowland Burdon, Efq. for the 1. Robert Robinson, Efq. 2. Electors. Counsel for the Petitioners: Mr. Adam; Mr. Mackintosh. Nominees. Petition of MR. R. Robinson alleged in his petition 2, 1. that Mr. Hammet, one of the fitting members, being the bailiff of the town of Taunton appointed by a grant or patent from the bishop of Winchefter, was the legal returning officer, and as fuch, ineligible to represent that place in parliament: that certain of the electors tendered their votes to him; namely nine for the petitioner, fix for Mr. Hammet himself, and one for Mr. Morland: that Mr. Morland and the petitioner being the only two eligible candidates proposed, it Returning was the duty of Mr. Hammet to have returned them; but officer. that on the contrary he refused to receive the votes fo tendered to him; that the five perfons, who had made the Prefented 30 Nov. 1802. return, return, wrongfully affumed to themselves the character of electors. The petition of the electors contained the fame allega Petition of tion as to riots; and the fame ftatement as to the returning Riots. officer with this difference, that it only alleged the return Returning actually made, and the election of the fitting members, to be void, without claiming the feat for Mr. Robinson. officer. Adminifter The petition of the electors further stated, that pursuant to the ft. 42 G. 3. c. 62. three men were appointed by the St. 42 G. 3. perfons affuming the office of returning officer to adminifter c. 62. the oaths to the electors, who, (although notice in writing ing oaths. to adminifter all the oaths required to be by them adminiftered was given by Mr. Robinson or his agents) did not tender the bribery oath to any one elector as by that act is required, but the said oath was administered by the perfons exercifing the office of returning officer, or by their pollclerk, contrary to the provifions of ftat. 34 G. 3. They alfo alleged that the poll had been unduly closed; the evidence did not fupport this allegation, and it did not become the fubject either of any argument, or of a decifion of the committee. C The right of election was not disputed. The last determination was read from the journals; where the right is determined to be "in the inhabitants within the borough, being potwallers, and not receiving alms or charity." 28 July, 1715. 18 Journ. 241. The principal question in this caufe was, Who was the legal returning officer? The parties being required to give in statements in writing of the right for which they refpec tively contended according to ft. 28 G. 3. c. 52. f. 25. the petitioners ftated, "That the legal and most ancient re Prefented 30 Nov. 1802. • See poft, turning Lait deter mination. Statements. turning officer for Taunton is the bailiff appointed by the bishop of Winchester, lord of the manor of Taunton and Taunton Dean." The fitting members; "That the legal returning officer of the borough of Taunton is the bailiffs and conftables of the faid borough appointed at a court leet held annually in and for the faid borough, or the faid bailiffs of the faid borough exclufively, or the faid conftables of the faid borough exclufively." How this contention arofe, will be feen from the following account of the parliamentary history of the borough. Hiftory of Taunton is a borough by prescription, and fent members the borough. to parliament fo early as 26 Edw. 1. It was incorporated by a charter of Cha. 1. in the 2d year of his reign; which having been annulled by quo warranto, a second charter of incorporation was granted to it by Cha. 2. Neither of thefe charters interfered with the right of the electors, the inhabitants of the borough; but from the time of the first incorporation, the returns of members were made by the mayor, who conftantly prefided at all elections to parlia ment, until the diffolution of the corporation in 1793. This diffolution was caufed by the reduction of one of the integral parts of the corporation below a moiety of its number. To the precept of election iffued in the year 1796, two returns were made; one, by the mayor of the laté corporation; and the other, by the conftables and bailiffs of the borough. The precept of the fheriff for the last election was directed to the mayor, aldermen, and bur geffes, the bailiffs, portreeves, and conftables of the faid borough, and others whom it might concern.' To this precept alfo, a return was made, by William Saunders, the furviving alderman of the late corporation, fealed with the corporate feal; which was allowed on all fides to be void and another, by the conftables and bailiffs. Mr. Morland and Mr. Hammet were returned by both. The returns produced in evidence, were as follow; Returns. 26 Edw. I. A return by the fheriff of Somerset, 26 E. 1. in a schedule of the members elected throughout his county, in which this borough is named. "Taunton: the names of the burgeffes of the faid borough and their manucaptors; to wit, from the borough of Taunton Will. Leger is mainprized by" (A. B. and C. D.) "and Gilbert de Paylesbourn by" (E. F. and G. H.) This is not by indenture. This 5 H. 5. + 2 H. 5. A return by one indenture for the whole 2 H. 5. county. The electors are named for each borough. return will be found in the appendix to Brady, p. 29. + 5 H. 5. A fimilar indenture to the preceding. † 39 H. 6. An indenture between the fheriff and many perfons, not distinguishing who are the electors for each place. A schedule is added, containing the names of the perfons elected. 7. E. 4. + 7 Edw. 4. A fimilar indenture to the preceding h. * 12 Edw. 4. The first feparate return for Taunton. 12 E. "By this indenture," &c. "William Bodell, bailiff of the town and borough of Taunton, hath delivered unto John Cheveryle, sheriff of Somersetshire, the names of the burgeffes of the fame town or borough elected to the parliament of the lord the king, to be holden at Westminster on the 6th day of October next enfuing." The names of the perfons elected, were Edward Afheton: William Danvers: the names of 12 of the electors are alfo added. The indenture purports to be fealed with the feals of office as 4. |