tion related only to the petitions then depending, and could not operate upon those which might arife from events fubfequent to the time of paffing it; upon which the House must neceffarily exercise its difcretion according to circumftances: But the debate concluded, by referring the petition to the day above-mentioned.

NOTES

N O

TE S

ON THE CASE OF

BEDFORDSHIRE.

PAGE 324. (A), This

324. (A). This refolution, as fet forth in

the votes of this day, is as follows: "Several petitions, complaining of undue elections and returns, being offered to be presented to the house,"

:

"Refolved,

"That whenever feveral petitions, complaining of " undue elections or returns of members to ferve in "Parliament, shall at the fame time be offered to be

prefented to the Houfe, Mr. Speaker fhall direct fuch petitions to be all of them delivered in at the table "where they fhall be claffed and read in the following "order, viz. Such petitions as complain of double "returns in the firft clafs; Such as complain of the "election or return of members returned to ferve for

two or more places, in the fecond clafs; Such as "complain of returns only in the third clafs, And "the refidue of the said petitions, in the fourth class: "And the names of the places to which fuch petitions. "(contained in the first clafs, if more than one) fhall "relate, fhall, in the first place, be written on feveral "pieces of paper of an equal fize, and the fame pieces "of paper fhall be then rolled up, and put by the clerk Dd 65 into

"into a box or glaís, and then publicly drawn by the "clerk; and the faid petitions fhall be read in the or"der in which the faid names fhall be drawn: And "then the like method fhall be obferved with refpect "to the feveral petitions contained in the second, third, "and fourth claffes refpectively."

f

The first feffion in which the ftatute 10 Geo. III. ch. 16. (called Grenville's bill) took place, was that which began Nov. 13, 1770; but there being few elections, and ftill fewer contefts, occafioned by the accidental vacancies during a Parliament, the neceffity of some regulation of election petitions, did not occur till after the general election next following: But in the first feffion of the new Parliament called in 1774, it foon appeared neceffary, and was recommended by the Speaker to the House, in order to avoid the confufion which the great number of petitions would have created in their proceedings. Accordingly, on the first day of petitions in this feffion (6 Dec. 1774) after several had been read, the following entry appears in the Journal * :

"And feveral other petitions, complaining of un"due elections and returns, being offered to be pre"fented to the House at the fame time; and Mr. "Speaker having recommended to the House, to con

έσ

fider what was fit to be done upon that and fimilar "occafions, and to establish some proper order relative "to the method of delivering in the said petitions,

"Refolved,

"That whenever more than one petition, complain❝ing of an undue election for the fame, or for diffe«rent places, shall at the fame time be offered to be

66

prefented to the House, Mr. Speaker fhall direct

35 Journ. 16.

"fuch

fuch petitions to be all of them delivered in at the "table; And the names of the counties, cities, bo"roughs, or places to which fuch petitions fhall re

late, fhall be written on several pieces of paper of an "equal fize, and the fame pieces of paper shall be "then rolled up, and put by the clerk into a glass or "box, and then publicly drawn by the clerk; and the faid feyeral petitions fhall be read in the order in "which the faid names fhall be drawn refpectively."

This order was directed to be followed in the next feffion, with refpect to renewed petitions*. In the be ginning of the new Parliament called in 1780, it received a new form: The entry in the Journalt of the 7th of November is as follows:\ "Several petitions, complaining of undue elections and returns, being offered to be prefented to the "House,

"Refolved Nemine contradicente,

"That whenever several petitions, complaining of ❝ undue elections or returns of members to ferve in

Parliament, fhall, at the fame time, be offered to be prefented to the Houfe, Mr. Speaker fhall direct "fuch petitions to be all of them delivered in at "the table, where they fhall be claffed, and read in "the following order, viz. Such petitions as complain "of double returns, in the first class; Such as com"plain of the election or return of members returned "to ferve for two or more places, in the fecond class; "And the refidue of the faid petitions, in the third "class: And the names of the places-&c." as in the order before recited of the last feffion.

In the feffion next following, the fame order as above-mentioned paffed, confirming the former in respect of renewed petitions. Soon after the meeting of the present Parliament, it was thought necessary to make a new fubdivifion in the claffes of petitions, as before ftated.

Thefe modes of arrangement relate only to the or! der in which petitions are to be read, when several are delivered together; the name which the House may choose to give to the fubject of each, cannot be fuppofed to operate further than is neceffary to direct their proceeding in this refpect; For it would be contrary to the words and spirit of the ftat. 10 Geo. III. to give, by these orders, any inftructions of duty to the election Committees, whofe jurifdiction over petitions is independent of the House, and conclufive upon the question. Nor can it be intended for this purpose, as is plain from the practice in cafe of the delivery of one petition only, and in the cafe of presenting new petitions in feffions subsequent to the first of a Parliament; in which the above orders do not operate.

I have not been able to difcover with certainty when the House began to diftinguish between the return and the merits of an election, in the trial of petitions: The general order of inftructions to the old Committees of privileges and elections, contained no reference for this purpofe; the only diftinction made in that order, was that for giving a preference to the cafes of double reBut it has been usual, for more than a century paft, to make special references of petitions to those Committees, when the circumftances of the cafe were thought to require it; as in the cafe of Clithero, in

turns.

38 Journ. 594.