The case of Nathaniel Herne, relating to his election at Dartmouth in Devon.

The CASE of Nathaniel Herne relating to his Election at Dartmouth in Devon.

THat it being the Custom of the said Town to choose their Burgesses for Parlia∣ment by the Votes of the Freemen of the said Burrough; they were accor∣dingly summoned to appear at the Guild-hall of the said Burrough the 15 day of February last. And then and there Mr. Josias Child was, by ma∣jority of Votes elected to be a Burgess for the said Burrough, in the place of Will. Gould.

But the Mayor and 28 of the Burgesses of the said Town have returned an Indenture under their Hands and Seales, by which they declare that they have chosen Mr. Nath. Herne Burgess, in the place of the said Will. Gould. And withall a Certificate under their Hands, directed to the Knights, Citizens and Burgesses of Parliament, Representing their Choice of Mr. Herne, and declaring that they conceive the choice of Mr. Child to be Illegal. For that though it were by the majority of Voyces: Yet very many of the persons that so gave their Votes, had received Rewards and Money for their Votes in the said Election.

At the Election Mr. Child had 43 Voices, Mr. Herne had 29, which is less by 14.

But it will be made Evident and proved, That Mr. Child, by his Agents, hath by several indirect and unlawful wayes procured a greater number of Voices for his Election, and that out of those very persons who (before Mr. Child's Agents had tampered with them) had publickly and resolvedly declared themselves for Mr. Herne: As,

• 1. That there are eight of the 43. who have (by their own Confession) actually receiv'd Mo∣ney, upon the Condition they should give their Votes for Mr. Child.
• 2. That there are other eight of the 43. that were taken off, and gave their Votes for Mr. Child, by Money lent gratis, or advanced before hand for Wares, or prevailed with by Offers of other Advantage upon the same Condition of voting for Mr. Child.
• 3. That two more of the said number of 43. were prevailed with by Mr. Child's procuring a Ship to be cleared without charge to them whereof they were owners, and this too upon the same Condition.
• 4. That there was an offer of 500 l. to the Corporation to be setled upon them freely to do therewith as they should please, in case they would choose Mr. Child.
• 5. And endeavours used by Offers of Money to draw off others from giving their Votes for Mr. Herne, who refused to take money on that account.

So that it will appear Mr Child's Election was an Undue Election.

And that there were so many Voyces illegally procured for Mr. Child, as that if they be declar'd invalid, The majority of Votes will then be on Mr. Hern's part, if that will make his Election a good Election.

And to this it may be added, That this way of offer to buy Voices, and purchase an Election, is a Practice which the said Josias Child hath used, not only here, but elsewhere: As for instance, He offer'd at the Town of Ipswich, a considerable Summe to the Corporation there, upon condition they would choose him Burgess for that place, as Mr. Wright who now serves for the Town will witness, if required.

And further, that the great Argument used by Mr. Childs Agents to draw off the rest of those Voices which would not be tempted with Money, That he was the Instrument of procuring the De∣claration of Indulgence from his Majesty to the Dissenters; and of the continuance thereof.