The CASE of Edward Lloyd Esq concerning the Election of a Burgess for the Burrough of Montgomery in the County of Montgomery, to serve in the Parliament, to be holden at Westminster the sixth day of March 1678.
BY the Statute 27 H. 8. 26. It is provided, That for that present Parliament, and all other future Parliaments for this Realm; For every Burrough being a Shire Town within Wales (excepting the Shire Town for the County of Merionith) one Burgess should be Chosen and Elected for Parliaments in the like manner, form and order as Burgesses of Parliament be Elected and Chosen in other Shires of this Realm; and the Burgess Fees to be Leavied and gathered as well of the Shire Towns as they be Burgesses of, as of all other Ancient Burroughs within the same Shires.
By the Statute of 35 H. 8. 11. It is Enacted, for as much as the Inhabitants of all Cities and Burroughs in every the Twelve Shires within Wales, not finding Burgesses for the Parliament themselves, must bear and pay the Burgesses Wages within the same Shire Towns. That from the beginning of that Parliament, the Burgesses of all and every the said Cities, Burroughs and Towns, which be, or shall be Contributary to the payment of the Burgesses Wages of the said Shire Towns, shall be lawfully admonished by Proclamation, or otherwise by the Mayors, Bailiffs, and other head Officers of the said Towns, or by one of them to come to give their Elections for the Electing of the said Burgesses at such time and place lawful and reasonable, or shall be Assigned for the same intent by the said Mayors, Bailiffs, and other head Officers of the said Shire Towns, or by one of them: In such Elections the Burgesses shall have like Voice and Authority to Elect, Name and Choose the Burgesses of every the said Shire Towns, like and in such manner as the Burgesses of the said Shire Towns, have, or use. And the Justices of the Peace of every the said Shires, by the same Act have power to Allot and Tax every of the said Cities, Burroughs and Towns for the Portions and Rates that every of the said Cities and Burroughs shall bear and pay towards the said Burgesses; and the said Rates so set in gross by the Justices of the Peace, shall be rated on the Inhabitants of the said Cities and Burroughs, by four or six Discreet Substantial Burgesses of every the said Cities and Burroughs to be Named by the Head Officers thereof, and to Collect and pay over the same to the said Burgesses.
The said Town of Mountgomery, by the said Statute 27 H. 8. 26. is named and appointed the Shire Town of the said County of Mountgomery, and the Burroughs of Llanidloes, Pool and Llanvylling, are three Ancient Burroughs of the same County; and the Burgesses thereof heretofore used to have their Voices at the Elections of the Burgesses for the said Shire Town, with, and like as the Burgesses of the same Shire Town of themselves, had and used: And for that purpose convenient notice was usually sent from the Bailiffs of Mountgomery to the said three other Burroughs, of the time and place, when and where such Elections were to be made.
The Sheriff of the said County having on the 10th of February 1678. received His Majesties Writ for Summoning His Parliament to be held at Westminster on the 6th. day of March following, and for Choosing a Knight for the said County, and a Burgess for the said Burrough, to serve in the same Parliament; Did immediatly the same day send away his Mandate to the Bailiffs of Mountgomery, to do and execute what appertaineth to them in that behalf.
The Bailiffs of Mountgomery being wrought upon by some great persons in that Neighbourhood, on whom they had dependance, to surprize the said three other Burroughs of Llanidloes, Pool and Llanvylling, by not giving them notice of the said Election of a Burgess for the said Burrough, and privately by some of the Burgesses of their own Town to Elect one Matthew Price Esq to be Burgess: And having in prospect, that if the Burgesses of the said three other Burroughs would appear, they would by Majority of Voices Elect another person, and not the said Mr. Price: They the Bailiffs of Mountgomery in pursuance of that unjust practice and design, did not send notice of the said Election to the said other Burroughs, but only made Proclamation at the Town of Mountgomery on the 17th of February, that the Election was to be made at 8. of the Clock the next Morning; And by that means so surprized the Burrough of Lanidloes, being 14 Miles distant, that none of their Burgesses, did, or could attend at the said Election.
Yet some of the Burgesses of the said Burroughs of Pool and Lanvelling being at a nearer distanee to Mountgomery, having casually some few hours intimation of the said intended Election, appeared at the same Election, and with them joyned also some of the Burgesses of Mountgomery, which made up in the whole 219 Voices, all for the said Edward Lloyd Esq to be Elected for the said Burrough, and so declared themselves, at the said Election and prayed the Poll.
The Bailiffs of Mountgomery perceiving, that if they admitted the Burgesses of Pool and Llanvelling there present, to Poll, that then the Majority of Voices would be for the said Mr. Lloyd, did only Poll the Burgesses of Mountgomery upon a List of their own preparation, of whom only 82. Voted for the said Mr. Price, being the Major part of the Mountgomery Burgesses then present: And thereupon the Bailiffs closed the Poll, and declared and returned the said Mr. Price to be Burgess, wholly rejecting the Votes of the said Burgesses of Pool and Lanvelling then present, pretending for a reason for their so doing, that none but the Burgesses of Mountgomery had right, or should be admitted to Vote at the said Election, though the said Burgesses of Pool and Lanvylling insisted upon, and earnestly pressed to have their Voices received for the said Mr. Loyd, who had Voices there for him as they were upon a just account, and can be made appear in the whole with those of Mountgomery Burgesses, who Voted for him 219. whereas there were but 82. Votes in the whole for the said Mr. Price.
Now in regard the said Election was made by surprize, whereby the Burgesses of Lanidloes could not attend the same for want of notice, who intended if they had been present, to Elect to the said Mr. Lloyd Burgess, and that notwithstanding the said surprize, Mr. Lloyd had the Majority of Voices of Burgesses present at the said Election for him, if the said Votes of the Burroughs of Pool and Lanvylling had been received and not rejected as aforesaid; and for that by the said undue means and practice of the said Bailiffs of Mountgomery, the said three other Burroughs have not only lost the benefit of their Voices in a free Election at this time, but the same may be drawn in precedent against them in future Elections.
Notwithstanding by the very express words of the Statutes (being Ancient Burroughs within the said County) they have an undoubted right to give their Voices in all Elections and are lyable and Contributary to the Wages of the respective Members Elected, have alwayes been so, and ever from the making of the said Statutes without dispute or question had notice of, and did give their Voices in all Elections.
They Humbly Petition.
That the said Mr. Price may not be received to Sit as a Member in Parliament, being unduly Elected as aforesaid. That the said Mr. Loyd who had the Majority of Voices, may be returned, and stand Elected Burgess for the said Burrough. Or that the said undue Election of Mr. Price may be void, and a new free Election granted. Or such other Releif in the Premisses as to the great Wisdom of the Honourable House of Commons shall seem just and meet.