THE CASE Of the Petitioners, William Strode and John Speke, Esquires.
IN the Burrough of Ivelchester, in Somerset, it hath been the Custom and Usage, for only all House-keepers, to give Votes for choosing Members to serve in Parliament.
Joseph Winter, a Barber, being Baliff on the Election Day, did partially, contrary to the Custom, when he had Polled himself, and called for all that were Polled for Sir Edward Wyndham, Baronet, and Mr, William Helyar, admitted of several Non-residents, Tablers and Lodgers, amongst them, whereas they were all severally excepted against, by some of the Inhabitants, to have no right; alledging, that they did not Rent Houses, and could not be called House-keepers. Whereupon, the Petitioners Clerk marked the Names of fifteen of that Poll he took when they were thus objected against: So afterwards, Mr. Strode and Mr. Spekes, Voters, waiting in the Hall, at length were allowed to Poll for Mr. Strode. There were fifty two unquesionable Housekeepers, whereof fifty were also for Mr. Speke; but then, at Last, some real House-keepers, who offered to Poll for the Petitioners, were refused.
There are but fifty eight, on the Poll, for Sir Edward Wyndham and Mr. Helyar, whereof not above forty three are House-keepers [...] Neither have they there any Freemen, or other Electors, then House-keepers, who are not effectively one hundred in all the Burrough; so that the Petitioners will plainly prove, a good Majority of the said House-keepers, as they now stand on the Poll, without adding those who were refused them; and consequently, the Petitioners are duely chosen.
As for the Charter, it gives none any right to choose Members for Parliament, it only makes a Corporation consisting of a Baliff and twelve Capital Burgesses: and by the express words of the said Charter, the Baliff, and said Capital Burgesses, upon Death or removal of any, they are required to go to a new choice of some Inhabitant to be a Capital Burgess: Altho', contrary hereunto, the Balisf and Burgesses of late years, have Elected four Gentlemen, Non-residents, and did allow one of those Gentlemen to be their Baliff, for some years successively whilst living at least three miles then out of their Burrough.