them did vote for him: That by thefe means Mr. Cator had procured an illegal majority of votes over the petitioner, who would otherwise have been elected and returned *.

The last resolution of the right of election in Ipswich was read; It is in 16 Journ. p. 478. 3 Feb. 1710.

Resolved, That the right of election of burgeffes to ferve in Parliament for the borough of Ipfwich, in the county of Suffolk, is in the bailiffs, portmen, common council+, and freemen at large not receiving alms. Then the standing order of 16 Jan. 1735-6, was read.

The state of the poll, as delivered in to the Committee by the town-clerk was, for

No objection was made to the election of Mr. Middleton. By the opening of

* See Votes 25 May, p. 34.

+ The Committee had ufed the word Commonalty, but when the Houfe agreed to their refolution, this word was fubftituted in its ftead without a divifion.

the cafe it appeared, that the petitioner endeavoured to avoid the election of Mr. Cator, by proceeding upon all the charges in the petition, and accordingly evidence was produced upon all of them.

Upon the first point the following facts were given in evidence:

The electors of this borough are two bailiffs, ten portmen, twenty-four common council men, and an indefinite number of freemen; they have been for a long time divided into two parties, diftinguished by the names of blues and yellows; at the head of the former are the common council men, the latter is headed by the portmen. The yellows had been predominant at the late elections; Mr. Wollafton, one of the late members, had been fupported by them, and being abroad at the time of the late election, his brother, the Rev. Dr. Wollafton, propofed him as a candidate upon that intereft. Mr. Staunton, the other late member, declined this election. Mr. Middleton was fupported by the blues, on which interest he had failed in the last contest.

The last election happened on Saturday, the 3d of April: In the preceding week, the blues had propofed to the yellows to fupport Wollafton, if the yellows would fupport Middleton, and thus fettle their differences; but this was rejected by the yellows, who then had hopes of carrying both members, and they perfuaded Dr. Wollafton, against his own inclination, to join with Cator, whom they had invited to stand: about the fame time, the portmen, who were told by Dr. Wollafton that he would spend no money in the election, asked him to withdraw his brother, which he refufed. Cator was at this time a ftranger to the borough. On the Monday before the election, Dr. Wollafton, by appointment, met Mr. Cator at the house of Mr. Cornwall, a banker in Ipswich and partner in that business with the bailiff Spooner. Here these three held a converfation about the election: Cornwall, who had before been told by Dr. Wollafton, that he would not spend more than 300l. on the election, and had communicated this to Mr. Cator, in this converfation

faid to Dr. Wollafton," he had estimated the expence at about 2000l. that Cator was willing to advance 1700l, of this fum, if Wollafton would answer for the remaining 300l." This being agreed to by the latter, Cornwall faid, "if the expences were to be paid at his bank, he should expect a depofit of the money beforehand;" This was likewife agreed to, and then they went about the town on a joint canvas for Wollafton and Cator; on the fame day Cator paid 1700l. into Cornwall's banking-house; on the next day, at Cator's defire, the above. agreement was put in writing and figned; it is as follows:

"Mr. Wollafton, by Dr. Wollafton, depofits 300l. in the hands of Meffrs. Alexander, Cornwall, and Spooner; and John Cator having deposited 1700l. in the fame hands, for the purpose of paying the expences already incurred, and which may be incurred, for their election; and it is agreed, if the expence is less than 2000l. all the money remaining fhall be returned to John Cator and if the expences exceed 2000l. all

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above that fum is to be paid in equal

portions by Dr. Wollafton and John "Cator. In witnefs whereof, they have "fet their names this 30th March, 1784. "FRED. WOLLASTON.

JOHN CATOR.

«N. B. If the expence does not amount to 12001. Dr. Wollafton is to have re"turned the proportion of one to four."

Dr. Wollaston in his evidence faid, he had no knowledge of election matters, nor of the particular expences, or the manner in which they were incurred, in an election at Ipswich; he had heard that a great deal was incurred on account of the outvoters; and being told by Cornwall, that the expences of the former election had exceeded the above fum, he relied on his eftimate, as he made it, without knowing how, in particular, the money was to be applied; but he understood it was for the neceffary joint expences of the election, and not to be used for any purposes in which both parties were not concerned; and that no unlawful ufe would be made of it: Cornwall was to difburfe the money, and

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