แ

gal election of Henry Lawes Luttrell, Effquire, into the laft Parliament, for the "County of Middlesex, and the incapacity of "John Wilkes, Efquire, to be elected a Mem"ber to ferve in the faid Parliament, be ex"punged from the Journals of this House, as "being fubverfive of the rights of the whole "body of electors of this kingdom."

The words of the Refolution of the 17th of February 1769, which I mean more particularly to combat, are, "was and is incapable," and the explanation of them the fame day in the order for a new writ," in the room of John Wilkes, Efquire, who is adjudged in

capable of being elected a Member to ferve "in this prefent Parliament." In the first formation of this government, in the original fettlement of our conftitution, the people exprefsly referved to themselves a very confiderable part of the legislative power, which they confented to fhare jointly with a King and House of Lords. From the great population of our island this right could not be claimed and exercifed perfonally, and therefore the many were compelled to delegate that power to a few, who thus were chofen their deputies and agents

agents only, their reprefentatives. It follows from the very idea of a choice, that fuch choice must be free and uncontrouled, admitting of no restrictions, but the law of the land, to which the King and the Lords are equally fubject, and what muft arife from the nature of the truft. A Peer of Parliament, for inftance, cannot be elected a Member of the House of Commons, because he already forms a part of another branch of the fame legislative body. A lunatic has a natural inca pacity. Other instances might be mentioned, but these two are fufficient. The freedom of election is then the common right of the people of England, their fair and juft fhare of power; and I hold it to be the most glorious inheritance of every fubject of this realm, the nobleft, and, I truft, the moft folid part of that beautiful fabric, the English conftitution. Here I might lean, fir, on the most respectable authorities, which can be cited, the fupreme judicature of this kingdom, and the venerable judges of former ages as well as of our own times. I met them accidentally this morning in the course of my reading, as an old

friend

friend* of Wilkes and Liberty, now alas! loft to every sense of duty to his country, frequently tells another great affembly, that he accidentally meets in this manner all his tiresome quotations. The House of Peers, fir, in the cafe of Ashby and White in 1704 determined, “a man has a right 66 to his freehold by the common law; and the "law

* The Duke of Grafton. Junius in a letter to his Grace of May 30, 1769, fays, "you complained--"that your friend, Mr. Wilkes, who had fuffered fo "much for the party, had been abandoned to his fate ---as for Mr. Wilkes, it is, perhaps, the greate "misfortune of his life, that you fhould have fo ma

ny compenfations to make in the closet for your "former friendship with him. Your gracious mafter "understands your character, and makes you a perfecu66 tor, because you have been a friend." Vol. 1. p. 79.

Now, my Lord, let me atk you, Has it never occurred to your Grace, while you were withdrawing this defperate wretch [Mac Quirk] from that justice which the laws had awarded, and which the whole people of England demanded against him, that there is another man, who is the favourite of his country, whose pardon would have been accepted with gratitude, whofe pardon would have healed all our divifions? Have you quite forgotten that this man was once your Grace's friend? or is it to murderers only that your will extend the mercy of the crown? Vol. 1. p. 59. Was he [the Duke of Grafton] not the bosom friend of Mr. Wilkes, whom he now purfues to deftruction? Vol. 1. p. 89.

law having annexed his right of voting to "his freehold, it is of the nature of his free"hold, and must depend upon it." On the fame occafion likewife they declared, "it is "abfurd to say, the electors right of chufing " is founded upon the law and custom of par"liament. It is an original right, part of the "conftitution of the kingdom, as much as a par"liament is, and from whence the perfons "elected to ferve in parliament do derive their

66

authority, and can have no other but that

"which is given to them by those that have "the original right to chuse them.” The greatest law authorities, both ancient and modern, agree in the opinion, that every subject of the realm, not difqualified by law, is eligible of common right. Lord Coke, Lord Chief Juftice Holt, and * Mr. Justice Blackstone,

are

Doctor Blackstone is Solicitor to the Queen. The Doctor recollected that he had a place to preferve, though he forgot that he had a reputation to lose. We have now the good fortune to understand the Doctor's principles as well as writings. For the defence of truth, of law, of reafon, the Doctor's book may be fafely confulted; but whoever wishes to cheat a neighbour of his eftate, or to rob a country of its rights, need make no fcruple of consulting the Doctor himself. Junius, vol. 1. p. 93.

Mr.

are the only authorities, which I fhall cite. I regard not, fir, the flavish, courtly do&rines propagated by lawyers in either houfe of Parliament, as to the rights of the subject, no more than I do as to what they pronounce high treason and rebellion. Such doctrines are delivered here only to be reported elsewhere. Thefe men have their reward. But the venal tongue of a prostitute advocate or judge, is best answered by the wife and sober pen of the fame man, when in a former cool moment, unheated by party rage or faction, after the fulleft deliberation, he gave to the nation, to the present age, and to pofterity, a fair and impartial detail of their undoubted rights,

Mr. Grenville quoted a paffage from the Doctor's excellent Commentaries, which directly contradicted the doctrine maintained by the Doctor in the House of Commons. Page 122.

In the Commentaries, after a long enumeration of difqualifications, it is added, "But fubject to thefe ❝ restrictions and disqualifications, every subject of "the realm is eligible of common right.”

Commentaries on the Laws of England. By William Blackftone, Efq; Vinerian Profeffor of Law, and Solicitor-General to the Queen, 4to edition printed at Oxford in 1768, vol. 1. page 176.