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The CASE OF THE Right Honourable William Harbourd, Esq; and Sir Francis Guybon, Knight, chosen Members for the Burrough of Thetford, to serve in this present Parliament, The Burrough of Thetford is an Ancient Burrough; and by Prescription sends two Burgesses to Represent them in Parliament.
The Right Honourable William Harbourd, Esq; and Sir Francis Guybon are Chosen and Return'd by the Old Corporation AND Sir Joseph Williamson, Knight, and Adam Felton, Esq; by the New One.
In the 16th. of Queen Elizabeth, The Burrough of Thetford was incorporated by the name of the Mayor, Ten Principal Burgesses and Twenty Commoners.
It was directed in the said Charter, That the Mayor and Commoners should, the Wednesday next before Michaelmas day in every Year, between Nine and Eleven in the Morning, meet in the Guildhall, or some convenient place in the said Bur∣rough, and there name two of the Chief Burgesses to the Inhabitants, who are to Elect one of them to be Mayor for the year ensuing.
NOTE, Under this Constitution it continued till 1681. at which time John Mendham was Mayor, who having got an Acquaintance with Sir Lionel Jenkins, then Principal Secretary of State to King Charles the Second, did in the same time of his Mayoralty, endeavour to in∣cline the Corporation, to chuse such Men to represent them as would serve the Designs then on foot; but finding he could have no influence over them, and that the time of his Mayoralty was almost expired; did on the Election Day, being Wednesday before Michael∣mas, absent himself till he thought the time of Election was over, thinking thereby to make void the Election.
Yet notwithstanding, the Commonalty did assemble themselves, and did name two of the Principal Burgesses to be Mayor for the year ensuing, of whom Wormly Hethersett (be∣ing one) was elected and declared Mayor.
About Eleven of the Clock, Mendham (who had absconded himself) came and appear∣ed, and being told they had made choise of Hethersett, seemingly approved of it, and made an excuse that he did not come sooner.
Nevertheless Mendham (although Hethersett had often applied himself to him) refused to swear him Mayor as he ought to have done; and although several Mandamus's were sent to him (out of the King's Bench) injoyning him to do the same, yet he disobeyed them all.
Whereupon he was brought up the next Term by a Tipstaff to answer his contempt, and was committed in Custody to the Tipstaff, from whom he got away and rid down Post to Thetford, and there called together such of the Burgesses, as were of his Party, who Dis∣franchized two of the Members that were not of their stamp, and swore two new ones in their places, the one of whom stood at that time Excommunicated, and the other Mend∣ham's Son, who was not above sixteen years of age, and who did immediately vote a Surrender of the Charter, which they but just before swore to maintain, and it was accord∣ingly Surrendred and Inrolled in Chancery.
Afterwards Mendham Solicites and gets a New Charter, wherein himself is made Mayor, and such others added to him, as would serve the intent of a Surrender.
NOTE, That at thelast Session of Parliament, in a hearing before the Committee of Elections, concerning those that were chosen by vertue of the New; and those that were chosen by vertue of the Old Charter: The Committee did declare, that notwithstanding the Surrender and Inrollment; Those that were returned by vertue of the Old Charter were duly returned.
And upon Report thereof the House did unanimously agree with the Committee.