ed to disqualify. Their counsel examined
several witnesses, to prove the partiality of the sheriff in favour of
lord Parker and sir Edward Turner, and to detect these candidates in the
practice of bribery; for which purpose they produced a letter in their
own handwriting.
{1755}
They afterwards proceeded to disqualify particular voters, and summed up
their evidence on the twenty-first day of January. Then the counsel for
the other side began to refute the charge of partiality and corruption;
and to answer the objections that had been made to particular voters.
They produced evidence to prove, that customary freeholds, or customary
holdings, had voted in elections in the counties at Glamorgan, Monmouth,
Gloucester, Wells, and Hereford; and that the customary tenants of the
manor of Woodstock, in Oxfordshire, had been reputed capable of voting,
and even voted at elections for that county. In a word, they continued
to examine evidences, argue and refute, prove and disprove, until the
twenty-third day of April, when, after some warm debates and divisions
in the house, lord Parker and sir Edward Turner were declared duly
elected; and the clerk of the crown was ordered to amend the return,
by erasing the names of lord Wenman and sir James Dashwood. Many, who
presumed to think for themselves, without recollecting the power and
influence of the administration, were astonished at the issue of this
dispute, which, however, might have easily been foreseen; inasmuch,
as, during the course of the proceedings, most if not all of the many
questions debated in the house, were determined by a great majority
in favour of the new interest. A great number of copyholders had been
admitted to vote at this election, and the sheriff incurred no censure
for allowing them to take the oath appointed by law to be taken by
freeholders: nevertheless, the commons carefully avoided determining
the question, whether copyholders possessed of the yearly value of forty
shillings, clear of all deductions, have not a right to vote for knights
to represent the shire within which their copyhold estates are situated?
This point being left doubtful by the legislature, puts it often in the
power of the sheriff to return which of the candidates he pleases to
support; for if the majority of the voting copyholders adheres to the
interest of his favourite, he will admit their votes both on the poll
and the scrutiny; whereas, should they be otherwise disposed, he
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