On the face of it, the pact in operation since 1715, whereby the dukes of Newcastle and the Suttons of Kelham returned a Member each, was maintained in 1805 when the Sutton interest lapsed and was replaced by that of the 6th Baron Middleton, whose forebears had formerly intervened in borough elections. A fourth interested party, Sir Jenison William Gordon, 2nd Bt., was a consenting party to these arrangements.
In a disorderly election Paxton was defeated, but objected to 162 votes cast for his opponents, who objected to 72 cast for him. According to his sponsor, he should have been returned by a majority of 74, but only 645 votes were allowed. His and his supporters’ petitions to the House turned on the right of election, and the submissions as to that turned on the House’s decision of 11 Jan. 1699, which awarded the franchise to those ‘who pay and ought to pay scot and lot’. This did not necessarily rule out persons not rated, but the mayor had accepted ‘none but those whose names were upon the rates as paying or being liable ... to pay scot and lot’. The submissions appeared to be to the same effect, to the ‘surprise’ and ‘entertainment’ of the committee, which rejected both and awarded the vote to ‘the mayor, aldermen and all the inhabitants paying scot and lot within the said borough’, 22 Mar. 1791, and the seats to the sitting Members. The decision was contested by further petition, 9 June 1791, but this eventually lapsed.
Portland, having joined the government, had no wish to countenance opposition to the patrons in 1796 and on 14 May appealed to Paxton’s sponsor to play the peacemaker, ‘by any other means than those of an unconditional surrender’. The rejoinder was that Paxton had been put to much expense and now stood such a good chance that he had been offered a coalition by ‘a person of rank and fortune’ against the patronal nominees; but
if the other two parties could agree to let Mr Paxton sit the next Parliament without opposition, I would undertake to protect the person they should unite in supporting, both against expense and opposition by any third interest ...
This proposal was rejected when Pitt conjured up another nabob, Mark Wood, against Paxton who, again standing alone, was defeated, giving up after only a day’s full poll, when 288 electors had yet to vote.
It was in 1802 that the 6th Baron Middleton prepared to revive his family’s interest. He wished, if possible, to replace the Suttons as ally of the Newcastle interest; but if the Suttons gave up the representation and the Duchess of Newcastle attempted to return two Members, he was prepared to place himself at the head of the Blue interest. The duchess warned him against this and promised him that if the Suttons consented she would accept him as an ally.
in the inhabitants paying scot and lot
Number of voters: about 1000
