NOT E S

P

ON THE CASE OF

CARL ISL E.

AGE 537. (A.) There are other parts of this report worthy of obfervation, as containing fome account of the state of the city, and particularly of the Guilds, at that period. It was made upon the petition of Samuel Gledhill, Efq; complaining of an undue election and return of Sir James Montague, Knight, to ferve for the city of Carliйle.

After ftating the right of election as before mentioned in pa. 5c8, the report proceeds thus:

"That it was alfo agreed That the fons of freemen, born after their father's freedom, and perfons ferving feven years within the city, have a right to be

made free.

That the poll was thus:

277 for the fitting member,

167 for the petitioner.

That the petitioner's counsel objected to 155 of the fitting member's votes.

That it appeared That 41 of the voters in this election, were admitted to freedom after the tefte of the writ, viz. 32 upon the 2d day of october, 1710; and of thofe 41 one voted for the petitioner only; eight

for

for the petitioner and fitting member; and the reft for the fitting member only:

That upon the faid 2d of october, three others, who had been disfranchifed, were reftored; and they voted for the fitting member.

Four others, who had been disfranchised, were objected to, for that they had been restored just before the tefte of the writ, viz. the 21ft of september, 1710.

One of these four voted for the fitting member only: And the other three for the petitioner and fitting member.

That the petitioner's counfel examined witneffes, viz. Thomas Blaylock; who faid, That John Senhouse and John Hugill, two Quakers, who voted for the fitting member, refused the affirmation.

Eighteen others of the fitting member's voters, viz. (R D. &c.) were objected to as receiving alms or penfions from the town: And, (after fome evidence relating to them)

That fix other voters for the fitting member, viz. William Gilpin, and Jo. Nicholfon, Efqrs. Mr. Daniel, John, and Peter Brougham, and Jeremy Adderton, were objected to as being bonorary freemen, and therefore having no right to vote.

William Stagg faid, That no one of thofe fix perfons is fon of a freeman; and therefore they have no right. And he faid, they were all made free fince the laft election, but Mr. Gilpin, who has voted at seven or eight elections.

That eighty one others, voters for the fitting member, were objected to, as being bribed or treated: As to which, (here follows the evidence against them.)

VOL. III.

PP

That

That Robert Carlile and William Barne, who were admitted in october 1710, had no right, for they did not ferve feven years within the corporation. That all that came the 2d day of october for freedom, and would promife their votes for the fitting member, were let into the hall; and thofe that refufed to promife, though they had a right to freedom, were turned back, and the door was shut upon them by the Chamberlain. (Here follows more evidence of treating, and other undue influence; with which the petitioner clofed his cafe.) That the fitting member's counsel examined witneffes, viz.

Edward Carlile; who faid, That about the 22d day of feptember, 1710, being two or three days before the tefte of the writ, the petitioner applied to him for his vote and intereft in the next election, and told him he intended to ftand; and that he did not value any expence; for if he could get into the house, he fhould have a regiment, and stay at home: That about the fame time, the witness was prefent, when the petitioner gave the Tanners fraternity, who were then fummoned to meet at the petitioner's request, three guineas to drink the Queen's health; and the petitioner fent for wine for them; and afked their votes. and intereft at the next election.

That he had feen feveral pieces of plate in other Guilds, which are faid to be given them by the petitioner, when he offered his fervice to the city; and, about eighteen or twenty days before the election, he faw the petitioner's fervant carry plate in a napkin, to one of the Guilds:

That it is ufual to make Gentlemen freemen of the corporation, and to admit them into the Guilds; but he

never heard of any treat or prefent before, on any fuch occafions. (Then fome evidence, justifying the fitting member, against the charge of threats and violence.)

Jofeph Nixon faid, That upon the 21ft of feptember, 1710, the petitioner came to the Shoemakers company, and defired to be admitted a brother of it: That he was accordingly admitted, and then gave that company two filver candlesticks, and a falver; and ordered them ten fhillings a piece to drink at feveral houfes in the town, which they had accordingly: That at the fame time he requested their votes in the next election; and told them, he fhould, after a while, have occafion for feven hundred pair of fhoes for his regiment, which the fhoemakers in that town fhould make for him. That he had had the like quantity of fhoes in the town, for fix or feven years fucceffively before, but had no fhoes there the year of the election: That this company never had any plate prefented them before.

Jeremy Read faid, That upon the 28th of feptember, 1710, the petitioner was admitted of the Weavers company; and he then gave them three guineas, and a filver bowl, and asked their votes in the next election: That the petitioner is alfo admitted of the Glovers company; and has given a filver bowl to them; and a large filver bowl and stand to the Butchers company: That he never heard of any prefents made before to any Guilds, upon any admifiion, nor of any one being admitted of more Guilds than one.

(After fome juftification of the fitting member, with reSpect to the treating)

As to the fix honorary freemen objected to: Mr. Gilpin was admitted in 1698. Mr. Nicholfon is fon

of a freeman, and was adınitted fourteen years ago. All the ancestors of Daniel Brougham were antient freemen; John Brougham was admitted several years ago; Peter Brougham has been admitted ten years. Jeremy Adderton fourteen or fifteen years. And all the fix have voted in all controverted elections without objection.

That the four persons reftored the 21ft of feptember 1710, were disfranchised in auguft before, only to make them witneffes for the corporation, at a trial that Summer affizes; and they were restored the first time the corporation met after that trial."

The report proceeds to ftate further evidence, in contradiction to the petitioner's, of no great importance; and concludes with a refolution in favour of the fitting member, which was agreed to by the House, upon a divifion. See 17 Journ. 106, 108.

Pa. 550. (B.) It was not known to the perfons concerned in this cause, at least not observed by them, that some of these honorary freemen were members of parliament for this city. It is ufual in many boroughs, to give the freedom to every candidate for its reprefentation, without much regard to the right, or the value of the gift, either on the part of the member, or the corporation. Sir Chriftopher Mufgrave fate in parliament for Carlisle, from the Reftoration, till after the Revolution. Two of the Howard family were its members in that period: Jeremiah Bubb, in two of King William's parliaments. The name of the latter, and those of Howard, Lowther, C. Mulgrave, Efq; Thomas Stanwix, and Sir James Montague, are all that appear in the returns, during the reigns of

William