The Sentiments of an English Freeholder, on the Late Decision of the Middlesex Election (Classic Reprint)

Excerpt from The Sentiments of an English Freeholder, on the Late Decision of the Middlesex Election

But fioce a latejudgment, given by the Houfe in the exercife of its judi catete, upon hearing the parties with all that folemnity which would have better become a hearing where the principal and leading queition had not been prejudged and determined in [be aéfienee oft/ye pantz'er, this matter is become much more ferions. It is no longer a declaration of the Home of Commons, halli and extrajudicially made, and repealable without any difiicuity at the meer pleafure of thole who made it: it is judgment given in a caufe, and a precedent (ct in all its forms to operate in other cafes. The publick might have/left over a point of privilege, but muf't awake to the confequences of a formaljudgment. The objeét of the electors choice is alfo changed; and one, who certainly was not clefted by the majority of them, is confirmed as their reprefentative, upon the ground of the former declaration carried into efi'eé't, by determining, that the tecond on the poll is to be contidered as duly eleéted, in contequeuce of the expulfion and declared incapacity of the firft.

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This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.

Excerpt from The Sentiments of an English Freeholder, on the Late Decision of the Middlesex Election

The House, taking up this matter of its own accord, for its own dignity, and in order to give that effect which it thought proper to the resolution already taken, declared him, in consequence of that expulsion, incapable of fitting in that parliament. Extensive as this resolution seemed to be, in time as well as matter, its operation could not have been conclusive beyond the session in which it was taken: for it is a known rule of parliament, that no resolution taken in one session can be binding upon the next. Important as it was in matter, if it had continued exactly the fame, limited in time by the forms and rules of the House to the Short duration of one session, open to consideration, and repealable in the next, the inattentive publick might have been inclined to disregard the dispute; to give up perhaps too much to the privilege and dignity of the House; to acquiesce under its authority, and admit that, though the electors had a right to elect, the House might Walk in the trammels of some musty precedent, and object to the admittance of the elected; clap the mace against the door, hold it fast with a Strong hand, and refuse to let him sit among the pure and chaste members who assemble there.

But since a late judgment, given by the House in the exercise of its judicature, upon hearing the parties with all that Solemnity which would have better become a hearing where the principal and leading question had not been prejudged and determined in the absence of the parties, this matter is become much more serious. It is no longer a declaration of the House of Commons, hastily and extrajudicially made, and repealable without any difficulty at the nicer pleasure of thole who made it: it is judgment given in a cause, and a precedent set in all its forms to operate in other cafes. The publick might have slept over a point of privilege, but must awake to the consequences of a formal judgment. The object of the electors choice is also changed; and one, who certainly was not elected by the majority of them, is confirmed as their representative, upon the ground of the former declaration carried into effect, by determining, that the second on the poll is to be considered as duly elected, in consequence of the expulsion and declared incapacity of the first.

The novelty and importance of this doctrine call upon us to attend to it, and examine it carefully.

About the Publisher

Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com

This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.