THE CASE OF Saint EDMUNDS-BURY HERD AT The Committee of Elections.  
The 8th. of December, 1680.  
KING JAMES by Charter in the Fourth Year of his Reign incorporated the Inhabitants of St. Edmunds-Bury, by the name of Alderman and Burgesses, and thereby erected an Alderman, 12 Capital Burgesses, and 24 Burgesses of Common Council for the Government of that Corporation: And by Charter in the 12th. year of his Reign Ganted that there should be two Burgesses sent to Parliament for the said Borough, to be Elected by the Alderman, 12 Capital Burgesses, and 24 Burgesses of Common Council.  
Sir Thomas Hervey and Mr. Jermyn Elected by the Alderman, 12 Capital Burgesses, and 24 Burgesses of Common Council, according to the Charter, 12 Jac.  
Mr. Rotheram (Elected by some of the Freemen only, and not the general Inhabitants) endeavoured to make out a Right in Bury to send Burgesses to Parliament by Prescription.  
Mr. Rotheram urged that Bury was a Borough by Prescription; and offered a Record whereby H. 1. granted to the Burgesses of Bury several Privileges.  

Answer vide 6 H. 4. p. 1. M. 26.  That Grant of H. 1. is not Extant; but by the Exemplification thereof, which was 6 H. 4. it appears that that Grant was not made to the Burgesses of St. Edmund, but to the Abbot and Convent of St. Edmund.  
Mr. Rotheram, to prove Bury sent Burgesses to Parliament by Prescription, offered 4 Records, 30 Ed. 1. 34 Ed. 1. 14 Ed. 3. and 21 Ed. 3.  

Answ.  They were only the general Writs of Summons to Parliament endorsed by the Sheriffs as sometimes the use in those days was with a Prec' est, in nature of a Remembrance to whom and to what places he made his Precpts.  
The Writs produced by Mr. Rotheram are some of them endorsed, 
Norfolk and Suffolk then but one Sheriff.  Omnibus Ballivis Norfolk ', etc.  

Norfolk '  


both Hundreds  
Hertesmere  
Blyton    
Norwich  
Yarmouth  
Lynn   

Suff '  


both Hundreds  
St. Edmund  
St. Etheldred Hundreds    
Ipswich  
Donwick  
Orford.   
From this Mr. Rotheram would infer that Precepts were sent to the Borough of St. Edmund which they were not, but to the Bailiff of the Liberty of St. Edmund, which was 7 Hundreds and a third part of the County, and in the Schedule to the Writ of the 30 Ed. 1. the Sheriff so expresses it in these words, Feci praeceptum hujus brevis Senescallo Libertatis Sancti Edmundi, etc.  

Note  The Writs offered by Mr. Rotheram have all their Schedules annexed to them (except only that of 14 Ed. 3. which is lost off) and do express what places in Norfolk and Suffolk sent Burgesses in those times, and who were sent, and who their Manucaptors: But Bury is not named in any of them, that it would have appeared in the very Records produced by Mr. Rotheram had he brought them entire, That in those times Bury sent no Burgesses to Parliament.  
Mr. Rotheram would have Precepts to choose an Evidence of Right, though no Records of any Burgesses ever elected, and cited North-Allerton and Heydon, both in Yorshire, as having but one Precept, and no Return till lately; and yet send Burgesses.  

Answ.  Allerton sent Burgesses to Parliament Anno 26 Ed. 1. namely, Stephen Maunsell and John le Clerke, and their Manucaptors, John le Norris, and others.  
Heydon, a late Borough, and sends Burgesses to Parliament by a late Charter, had no Precept in ancient time: But there was a Precept to Hodon, a Liberty, 50 Ed. 3. which may be the Error.  
If the Precepts had gone to the Town of Bury, (as they did not) yet no Evidence of a Right, there being no Election: For Basingstoake had 4 Precepts, viz. 33 Ed. 1. 28 Ed. 1. 2 Ed. 2. 4 Ed. 2. Aulton had 3 Precepts, 33 Ed. 1. 2 Ed. 2. 4 Ed. 2. Odiham, 2 Precepts, 28 Ed. 1. 2 Ed. 2. Dunstable, 1 Precept, 4 Ed. 2. Glastonbury, 1 Precept, 12 Ed. 3. besides Hertesmere, Blyton, and St. Etheldred, in the very Records produced by Mr. Rotheram, and yet none of these Places send Burgesses to Parliament, or pretend thereunto.  
Mr. Rotheram urged that the men of Bury were bound to the Abbot not to claim a Community, and so lost their Right of sending Burgesses to Parliament.  

Answ  The Abbot could not make the Town renounce that Right; The King and People both had an Interest in it; That were for the Abbot to exeute a Jurisdiction over the Sovereign Power.  
Mr. Rotheram urged that the Clause in the Charter, 12 Jac. limiting the number of Electors, was void: For that the King might then create 300 Corporations sending Burgesses to Parliament, and that one of His naming should choose them; so in effect there would be 600 of the King's naming. And the King might make as many Lords as he pleased; and the Consequences thereof would be plain.  

Answ  This Power hath been agreed to the King in all Ages, in Originals, Grants, (as that of Bury is) as appears by Coke 4. Inst. 49. 2 Co. 121. Hobart, 14, 15. Rolls, 2. part, 197, 198. and 'twould be hard to take it away upon Presumption that the King may use it ill: such Proceedings may be dangerous to many Members of the House.  
Bury never sent Burgesses to Parliament till the Charter of 12 Jac. and ever since hath sent Burgesses to Parliament, and elected them as that Charter directs, and not otherwise.  
The Committee voted and agreed Sir Thomas Hervey and Mr. Jermyn duly elected.