tion of the Lord Clarendon *. That feveral freeholders have come and claimed their votes, but never were admitted nor returned: That he believed particularly, when the fitting member, Mr. Burridge, was mayor, the freeholders were rejected; and that Mr. Burridge made a return, by the mayor, burgeffes, and freemen. That whofoever are free of Lyme, are free from many tolls at Bristol, and enjoy feveral privileges there: But fays, the foreign freemen take not the fame oath with the other. That it appeared, that the charter of Lyme Regis had been furrendered to the king.

"And it was agreed, Thofe acts that were done under the new charter, to be void; and thereupon the counsel for the petitioner produced the furrender of the charter of the 20th of October. 1684. And called

"One Bragg, a witnefs, who faid, That Thomas. Pitts, Thomas Fitzgerrard, and Robert Fowler, who polled for Mr. Burridge, were made free under the new charter, viz. Thomas Pitts, 2d of March, 1684; Thomas Fitzgerrard, 5th of October, 1685; Robert Fowler, 4th of February,

* At that time Mr. Hyde. This happened in the reftoration year, upon a vacancy occafioned by Mr. Moore's choofing to ferve for Heytefbury, he having been elected for that place as well as Lyme. 8 Journ. 25.

1687: That James Pitts, another perfon that voted for Mr. Burridge, was a freeman by the old charter, but disfranchifed for fome mifdemeanor, and reftored by the new charter. He was disfranchised in a full corporation, for bringing in feveral things contrary to his oath. That John Cafe and Matthew Sprag are freemen of the town of Lyme, but both live out of the town; one fix miles, the other two.

"For Mr. Burridge: That the counsel infifted, that the right of election confifted in all freemen of Lyme, being inhabitants, and freeholders of the fame.

"The counfel for the petitioners granted, if the freeholders had a right, Mr. Burridge was elected.

"Then the counfel for Mr. Burridge produced

returns.

"I Eliz. Mayor, burgeffes, and inhabitants, elected-under the feal of the mayor and burgeffes.

"Mariæ. Mayor, burgeffes, with inhabitants, elected-under the common feal. "13 Car. II. Produced alfo by the petitioner; and called

John Davis; who faid, he had known Lyme from a child; and that freeholders had given their vote; particularly Thomas Bragg, William Trickey, Short, and Mincent, gave their vote, as he thinks, at the election of Efquire

Henley and Sir John Shaw; but fays, he never knew any freeholders, or freemen, out of the town, admitted to vote.

"Mr. Short being called, exception was taken to him as being a freeholder; but, afterwards, allowed to be a witness as to the right of foreign freemen; and said, he never knew any honorary freeman demanded to vote till the laft election.

"George Brayholt faid, he had known feveral elections of Mr. Henley and others; and that freemen and freeholders have their votes: That 'Squire Henley made feveral freeholders to that purpose: That no out-lying freemen had a vote to his knowledge.

Tytherly faid, he had been a freeman twenty years, and that he has known fome freeholders come and claim their right at elections; and they used to cry, "Up with them."

James Pitts faid, he knows Sprag very well; and that Sprag had a houfe in the town that paid to the poors' rate: That John Cafe traded as a merchant in the town; but his mother-in-law dying, he was gone to take poffefsion of the eftate: That Thomas Pitts was made a freeman by the new charter: And it being faid he was not a freeman, he came to the corporation and defired to have his fine, or be re-admitted; and the corporation told him, there was no need; he was a good freeman,

Upon

"Upon the whole matter, the Committee came to feveral refolutions, which he read in his place; and afterwards delivered the fame in at the clerk's table, where the fame was read, and is as follow eth:

"Refolved, that it is the opinion of this Committee, That John Burridge, Efq; is not duly elected a burgess to ferve in this prefent parliament for the borough of Lyme Regis, in the county of Dorfet.

"Refolved, That it is the opinion of this Committee, that Sir William Drake, Knight and Bart. is duly elected a burgefs to ferve in this prefent parliament for the borough of Lyme Regis, in the county of Dorfet.

The first of the faid refolutions being read a fecond time, the question was put, that the house agree with the Committee therein. The house divided.

So it paffed in the negative."

After the above entry was read, the petitioners

called three witneffes to fhew the reputation of

the inhabitants as to their claim.

Their names

The two other 64.

were Harris, Bowdidge, and Jurdan. first were 74 years of age, and the

The counfel faid, that four or five old men, who had been examined before the laft Committee, and whofe evidence would have confirmed the others, had died fince.

Thefe witneffes were inhabitants of Lyme, where they had lived almost all their time. They faid, it was the common reputation there, that the right to choose members was in freeholders having proper land in the town, and freemen; and that they must all be inhabitants. When they were young they had heard old men fay fo; fome of whom were capital burgefies*. Harris said, that the votes of non-refidents had often been refused; but, however, he believed fome had always voted ever fince he could remember. The other two witneffes believed, that no nonrefidents had voted before 1734, at which time Mr. Scroope became member. Jurdan had heard Mr. Scroope himself formerly say, that non-refidents had no right; and conformably to this opinion, fome time before his election, he had defired the witnefs's father, who was a freeman in his intereft living a mile out of the town, to remove his family into it before the election; because his vote would otherwise be rejected. With this requeft his father complied fome months before that election.

This corporation confifts of a mayor and 15 capital burgeffes, and an indefinite number of freemen.

Thefe