12 S. III. DEC., 1917.]
NOTES AND QUERIES.
511
and its affairs were regulated by two Bailiffs
and an Inquiry Jury.
The burgesses were the owners of an -estate of freehold in certain burgage tene- ments, of which there were 102 ; but as several burgesses were owners of more than one tenement, the number of burgesses was always fewer than this. The burgesses were divided into " In-Burgesses " (those living in the borough) and " Out-Burgesses " (those not residing in it). Besides bur- gesses there were freemen, who were the occupiers of the various burgage tenements, being settled inhabitants and not in receipt of parochial relief.
Persons claiming to be entitled to be burgesses or freemen were " found " by an Inquiry Jury, and were then admitted and
The Bailiffs were elected annually from
among the burgesses at an assembly by a
majority of the burgesses and freemen
present, but it was said a freeman could not
vote if his landlord voted for the same house.
One of the Bailiffs, called the Out -Bailiff, was chosen from the O\it-Burgesses, and the other, called the In-Bailiff, from the In-Burgesses. The Out-Bailiff had the pre- cedency. The two Bailiffs were jointly the returning officers at Parliamentary elec- tions.
At the Parliamentary election of 1660 'Sir Richard Assheton and William White -(both residing in the neighbourhood) polled both b\irgesses and freemen, while William Hulton (who came from a distance) polled burgesses only. The two former, having most votes, were declared elected, but the latter petitioned against the return of White on the ground that freemen had no right to vote at the election at all, and that he .(Hulton) had a majority of qualified electors. T he House of Commons decided that the right of election was in the burgesses only, and seated Hulton in the place of White.
At the election of 1661 Sir Ralph Assheton find John Heath, the Attorney General of the Duchy of Lancaster, were declared elected, but the return of Assheton was petitioned against by Ambrose Pudsay, the defeated candidate, on the ground that the poll of the former improperly included votes of freemen, and that he (Pudsay) polled more burgesses than Assheton did. The House reiterated its former decision, unseated Assheton, and gave the seat to Pudsay.
At the Parliamentary election of Mar. 5, 1689/90, Anthony Parker (Whig) and Roger Kenyon (Tory) were returned, perhaps by
arrangement between the parties. Parker
died aboiit the end of October, 1693, and a
by-election took place to fill his seat on
Nov. 30, 1693. Mr. Abram observes that
" at the period of this election party spirit was
greatly excited throughout the country, and
especially in Lancashire, where the Tory-
Jacobites were strong, and the closeness of the
contest entered upon at Clitheroe for possession
of the vacant seat gave rise to the resort by both
parties to irregular and illicit practices in the
election."
Before the death of Parker both parties had been preparing for the next contest. The Tories had rather the upper hand within the borough, and had the Town Clerk on their side. In preparation for the con- tingency of an election there had been a tussle between the factions some short time previously over the election of Bailiffs and also upon the election of a new Recorder. The influence of Christopher Wilkinson of Waddow (who had been elected member for the borough at the election of 1688/9) was exerted to secure for John Weddall (who was either his nephew or his son-in- law) the appointment of Recorder, with a view, when the opporttmity arose, of getting him elected as one of the members of Parlia- ment for the borough. At the election of Bailiffs in October, 1693, Wilkinson put himself forward as candidate for the office of Out-Bailiff.
The Whigs on their part, being somewhat overborne in the town itself, cast about for some outside assistance. The High Sheriff, Thomas Rigby, was a zealous Whig, and he, as will be seen, favoured the Whig candidate at the Parliamentary by-election as much as he could. The Whigs wanted an op- ponent to Wilkinson for the office of Out- Bailiff, and found one in the person of Roger Mainwaring, who was not a Clitheroe man and who was a minor. When the election for Out-Bailiffs took place it was alleged that an eqxial number of votes was polled for each candidate, but objection was taken to Mainwaring on the ground that he was under age, and he was not allowed to be sworn in. Wilkinson was sworn in, and acted as Out-Bailiff till the Parliamentary by-election took place.
"it was a great advantage to a Parlia- mentary candidate to have friendly Bailiffs because they could facilitate the admission as burgesses and freemen of their own friends, and obstruct the admission of their opponent's supporters. They could also, as returning officers, so conduct the Parlia- mentary election as to favour their own side. At the by-election of Nov. 30, 1693,
