A True State of Mr. Culliford's CASE. By the Mayor's Poll the Sitting Member, Mr. Fownes, had— 61 Votes. And the Petitioner Mr. Culliford but— 53 Which gave the Sitting Member a Majority of— 8 By the Poll taken by Mr. Culliford's Clerks, by Order of the Mayor, the Petitioner had— 78 Votes. And the Sitting Member but— 59 Which gave the Petitioner a Majority of— 19 BY the Constitution of the Corporation, as it was Agreed by the Council on both Sides; the right to Elect was in them who had Estates of Inheritance or Freehold in Possession, or in Reversion after Estates for Years, tho' they did not Pay Scot and Lot; and in them who had Estates for Years determinable upon a Life, or Lives; or other Estate for Years, paying Scot and Lot. That the Mayor made himself an Agent for the Sitting Member, in going from House to House in Town and Country to solicit Votes for him; and one Nicholas Cobb Proved that to procure his Vote, the Mayor promised to employ him in his Work after a long discontinuance, and to pay him an old Debt, of which he gave him a Guinea in hand, declaring, That tho' he could not well spare the Money, he parted with it at that time to oblige him to Vote for the Sitting Member. That the Mayor, the Night before the Election, declared, he would Return the Sitting Member, tho' he had but 5 Votes. Proved by Nicholas Cobb. That to discourage Persons from Voting for the Petitioner, the Mayor declared he would Return the Sitting Member, if the Petitioner had a Hundred Votes more. Proved by William Furseman. That the Mayor by his Arbitrary Authority, against the Advice of the Magistrates, allowed 4 Persons to Poll for the Sitting Member that were only trusties for a Charity, that have still been objected against, and never but One of them allowed to Vote for the whole Number: And if these Persons be allowed to Vote, 'tis but raising a Trust, with Numbers of trusties, to carry any Election. And he also further allowed 7 other Persons to Vote, (of which Number the Sitting Member's own Son, was one, which his Council gave up at the first naming him) that had no manner of pretence, or right to Poll. Proved by Smith, Roe, and Clerk, Which 4 trusties, and 7 other Votes, making in all 11 Votes; being deducted from the Sitting Member's Poll of 61 Votes, allowed by the Mayor; reduces his Number to 50 Votes only. And the Mayor by the same Arbitrary Authority, against the Right of the Election Rejected 25, of the Petitioner's Votes; 19 of which were allowed and passed as good Votes at the Election but in August before upon the strictest Scrutiny: And several of them, than Voted for the Sitting Member, and were allowed good Votes for him. Which Poll, was taken, and now Proved by the Sitting Member's own Agent John Guy, the present Mayor. And most of the Deeds and Leases of their Estates, was produced, with other Proof to justify their Rights to Elect; As was also the Titles to the Estates of those other 6 Persons that Voted for the Petitioner, which had accrued to them since the Election in August; but long before the teste of the Writ. Proved by Smith, Roe, and Clerk. And the Sitting Member's Council, without any Contest, gave up 2 of the said 19 Votes, and Agreed they had good right to Vote, tho' Rejected by the Mayor. But insisted that 3 others of them received Charity, which the Petitioner gave up, tho' they had Freehold Leases, and had Voted in all Elections for 30 Years before: And the said Council farther insisted, that several others had not Livery endorsed on the Back of their Deeds. But it was Proved they were in Possession: And then they called 3 Witnesses, (viz.) White, Webber, and Jones, to disable the rest of the 19; and also the other 6 new Votes, that made up the Petitioners Number 25. And they declared, each of them to several of the Votes, taking in the whole Number between them, That they had no Estates in the Borough, had never Voted in any Election, nor Paid to Church or Poor. Against which was produced and Proved their Deeds and Leases, the Poll taken in August, and the Poors Book, with a Cloud of Witnesses that justified the Contrary. So that if the Petitioner's Witnesses, who are known to be Men of Probity and Reputation, and the Evidence produced which confirms their Testimony, are to be believed and credited before the Assertion of those 3 Witnesses produced for the Sitting Member; It will appear, after deducting the 3 Votes which received Charity; and adding the remaining 22 Votes to the 53 allowed the Petitioner on the Mayor's Poll, makes his Number 75. And the Sitting Member's Poll being reduced from 61, to 50, as before, gives the Petitioner a clear Majority of 25 Votes. At the Election the Mayor rejected one John Frost, that Voted for the Petitioner, and it being insisted on that he had good right to Vote, his Estate being bought of the Mayor himself; the Mayor thereupon publicly confessed, He knew he was a good Vote, but said, he should not pass then. Proved by George Gould, and Nath. Smith. When the Poll was ended, the Petitioner called to the Clerks to cast up the Poll, and to acquaint the Mayor how it stood; who told him, the Petitioner had 78 Votes, and the Sitting Member but 59 Upon which, the Petitioner demanded of him to Proclaim and Return him duly Elected: But the Mayor answered, If you have a Majority, I will Return Mr. Fownes, for all that: And the Petitioner than demanded a Scrutiny, there being 10 Queries on the Sitting Member's Poll, and 4 on the Petitioner's Poll; but he positively refused the same, saying he would return Mr. Fownes. Proved by George Gould, and Nath. Smith. ☞ And as to what was affirmed by Two of the Sitting Member's Witnesses, with relation to the Mayor's acting fairly in the Management of the Poll: It is humbly conceived, That the Corporation Petition subscribed by 70 Hands, of the best Men in the Borough, setting forth the Unjust and Arbitrary Proceed of the Mayor, is a full Answer thereto; but if not, it is referred to the whole Country to manifest the Truth of what is therein Asserted. But as a further proof thereof, the Mayor Rejected the Vote of one Mr. Richard Gould, a Person who hath a good Estate in the Borough, and for many Years had Voted at former Elections, and several times for the Sitting Member; whereupon the said Gould was forced to Travel, (during the taking of the Poll, forward and backward) Ten Miles to fetch his Deeds, to Prove the same; and when produced, the Mayor without looking into them, was pleased to declare he was satisfied he had a right to Poll: And then, and not till then, ordered the Clerks to set him Down for the Petitioner. Proved by George Gould, and Nath. Smith. Corfe-Castle ELECTION, The 26 th'. of April, 1699.