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THE CASE OF THE Burrough of TRURO.
THE Burrough of TRURO is an ancient Parliamentary Burrough by Prescripti∣on, and by virtue thereof only, sent Members to the Parliaments in the Reigns of Edward I. Edw. II. and Edw. III. Rich. II. and Henry VI. at which times the Returns were certified by the Sheriff in a Schedule annexed to the Writ, wherein the Mem∣bers of Truro are said to be elected pro Communitate Burgi, as is evident by the said Returns.
The Returns for Parliament in the Reigns of Henry VII. and Henry VIII. are lost.
In the Reigns of Edward VI. and Queen Mary, the Returns of Members to represent that Burrough in Parliament, were by Indenture; wherein it appears, That the Election of Mem∣bers to serve for that Burrough, was by the whole Commonalty.
Queen Elizabeth, by Charter dated 31st year of her Reign, for the better Government of the said Burrough for the future, did grant, That the Inhabitants of the said Burrough, and their Successors, should from thenceforth be one Body-Politick, Incorporate by the Name of The Mayor and Burgesses of the Burrough of Truro in the County of Cornwall. And further Or∣dained, That from thenceforth for ever, Four and Twenty of the most discreet Inhabitants of the said Burrough should be aiding and assisting to the Mayor in all Causes and Matters relating to the Government of the said Burrough; which Twenty-four are named and appointed in the said Charter by their respective Names, to be the first and modern Capital Burgesses, and Councellors of the said Burrough.
The said Charter doth likewise grant, That the Mayor and Burgesses of the said Burrough shall send two Burgesses to represent them in all future Parliaments, to be elected as former∣ly, and to be maintained and paid by the Commonalty of the said Burrough.
In the Reigns of King James I. and King Charles I. the Returns are made by the Mayor and Burgesses; by which words all the Inhabitants at large (who were Incorporated by the Name of Mayor and Burgesses) must be intended.
That in the Convention, Anno 1660. that Return is by the Mayor and Capital Burgesses; which appears to be the first Instance of their usurping the sole Right of Election, and ex∣cluding the other Burgesses and Inhabitants.
It is pretended, That in the first Parliament after the Restauration of King Charles II. it was adjudged in Parliament, That the Right of Election was in the Capital Burgesses only. But if any such Judgment were, it was obtained by surprize, the Commonalty of the Burrough not having opportunity to make their Defence, and the merits of their Right not being in∣sisted upon; the Commonalty never acquiescing therein, but having ever since claimed their Privilege of Voting, and accordingly elected; which Elections were not decided, by reason of the Dissolution of those Parliaments.
Some of the Capital Burgesses, and about 300 other Burgesses and Free-men of the said Burrough, elected John Tredenham Esq and John Manley Esq to serve in this present Parlia∣ment; which is certified under the hands of about Eight Score of the Electors, and the hands of Mr. Thomas Trewolla (who was Mayor when the Charter was surrendred) and Mr. Hugh Ackland, (who was elected and sworn Mayor the 9th of October last, for the present year) and under the Common Seal of the Burrough.
Sir Henry Ashenurst and Mr. Vincent are returned by Mr. Sladen, (who was set up to be Mayor on the 5th of January last for that purpose) as elected by the Capital Burgesses, ex∣cluding the rest of the Burgesses and Free-men, tho there were not above seven or eight of the old Capital Burgesses who voted for them.
It is conceived, That by all this it appears, that the Right of Election is as well in all the Inhabitants and Burgesses paying Scot and Lot, as in the Capital Burgesses, who were first constituted by Queen Elizabeth's said Charter; and that Mr. Tredenham and Mr. Manley are duly elected Members to serve for the said Burrough in this present Parliament.
To be heard before the Committee this Afternoon.