OR1776

Letter from John Bardolph to John Orlebar (best statement of the case versus the Recorder).

not dated 1727/8.

From: 1727 To: 1728

-- no record that Mr. Cartwright the first Deputy Recorder was ever sworn or admitted; the only occasion on which Lord Bruce has come to Bedford since his elect ion was in 1723 to act as an Alderman in the nomination and election of a Mayor and other officers – which he had no right to do, his deputy attended on only one occasion- a trial for petty larceny. This neglect has caused great inconvenience especially to tradesmen – difficulty and expense of beginning an action for debt in the Borough court of Pleas in these circumstances – ‘this probably may be the reason there are so few causes now presented in our Court in comparison of what were formerly: the number now being so inconsiderable that two or three causes in a Court is notable business, whereas formerly it was not an uncommon thing to have eight, ten, twelve or more each court’ Cases are also deliberately prolonged by plaintiff’s attorney in case the defendant should plead, and then use this plea to plead in bar of any other action in a superior court. The plaintiffs therefore do not file their declarations so that the defendants cannot plead. ‘No body that I can hear of ever heard that any cause has been tried in our court since the election of Lord Bruce into the Recordership’ Lord Bruce refused to appoint a new Deputy unless the Corporation applies to him under the Common Seal – which they refused to do, so no further application has been sent to him Only three cases are at issue which can be called particular grievances (i.e. in the Court of Pleas) but the enforcing of by-laws must also be considered – especially the presence of ‘foreigners’ trading in the town – traders in future may not think it necessary to take up the freedom of the Borough. The Recorder or his Deputy ought to attend the Court of Pleas generally held once a fortnight, and the Court of Common Council especially if required to do so. For the defence it may be urged:- that Lord Bruce has now appointed another Deputy, Mr. Dixon, a barrister, but if no formal admission is necessary then the same grievances still exist since the new deputy has not attended any courts, - he has not been sworn because the previous mayor and the Corporation ‘could not find any oath for a Deputy Recorder’ Dixon now demands that he shall be sworn at the next Court --- what answer is to be given him , and what in general is to be done in the present circumstances.?

item

Orlebar, John,
Bardolph, John,
Cartwright,
Bruce,
Dixon

Bedford elections, recorder, Bedford Borough, Court of Pleas, Court of Common Council, barrister, Deputy Recorder