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Archibald Edmondstone, baronet," (the fitting member): this too pafied in the negative.

It ought, however, to be observed, on this case, That Mr. Seton did not produce any authority from captain Elphinstone, to appear as his agent, or to make an application for lotiger time in his name: that it was on this ground, that the motion for examining bim, was rejected: that the question produced a divifon : and that, after all, many of captain Elphinstone's friends, in the house, thought that he might still apply, himself, for leave to petition, on his return to England, and that the house would grant it. In fact, although he returned soon afterwards, he never made any such 'application.

• II. When a new petition is presented, complaining of an election already petitioned against in the former selfion, the new petition must be the same in substance with the former; that is, it must not contain any new allegations. If it does, it will not be received. On a moment's reflection it will be evident, that this rule is necessary, in order to give to persons in por. session of seats in parliament, the full advantages intended by the order for the limitation of the time of petitioning against them; and, though, I believe, there is no general resolution or order for it, it is understood to be the established law of parliament, and has been so for at least near a century. See the Cases of St. Ives. (14th December, 1694,) Reading, (15th of the same month,) Wigan, (3117 January, 1699-1700,) and Mitchel (5th and 6th March, 1699-1700 ;) in which the committees of privileges and elections were discharged from proceeding on renewed petitions, because they were not the fame in substance with those originally presented. — The reader will recollect; that, after the cause concerning the validity of the return for the borough of Morpeth had been decided last year, leave was given to Mr. Eyre, and the electors, to petition, within a fortnight from the time of the decision, on the merits of the election ; and that, accordingly, Mr. Eyre did present a petition on the merits. The day fixed for taking his petition into consideration, was the 12th of July, 1775. Before that time, the parliament rose. He therefore had liberty to re-petition at the beginning of the last feflion, and actually did so, on the 31st of October, 1775; when an order was made for taking his new petition into consideration on the 26th of January following. On comparing this petition with that of the former feflion, it was thought to contain certain new allegations. Upon this, it was moved in the house, on the 23d of November, 1775, that a committee fhould be appointed to examine, whether the two petiN4


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tions of Mr. Eyre, were the fame in fubftance; and, after fome debate on the subject, a committee was appointed. One of the objections urged against the appointment of this committee was, that the matter was taken up too late ; that the difference (if there really was a substantial difference) between the two petitions, should have been observed when the last was presented; that now, a day, for chusing a committee to try the cause, having been fixed, the house could no longer take any original cognisance of the matter ; but that it fhould be left to the committee to be chosen under Mr. Grenville's act, to discover the supposed variance, and report it to the house. This objection was over-ruled ; and, as it should seem, with reason, because it is as just, that the house, after a new petition has been received, and a day named for taking it into consideration, should be able, on the suggestion of an essential variation from the former, to take the proper measures for en quiring into that point, and, if necessary, for discharging entirely the order appointing a day for taking it into consideration, aş that, after such order, they should have it in their power to put an end to the cause, by giving leave to the party to withdraw his petition. The very day after the committee of enquiry was appointed in the present case, Mr. Eyre applied for, and obtained, leave to withdraw bis ; upon which, the order appointing the committee of enquiry was difcharged.

! III. The last rule I shall mention is with regard to cases where, the same person being returned for two places, there is a petition againft his election for one of them. Such person cannot choose which he will serve for, till the merits of the election complained of are decided ; becausę, till then, it cannot be ascertained, that he was legally chosen for both places. It is improper that a person who has been thus double-returned should, in any inftance, make his option before the fortnight for petitioning is expired, because till then either of his elections may be complained of; and if, on a complaint concerning one of them, it should be decided, that such election was void, he would be under a neceflity of representing the other place. But the matter is carried still farther. If a petition has been presented in a former session, against a person double-returned ; and there has been no trial during that session, the petitioners haye a fortnight at the beginning of the next to renew their complaint: now, in such a case, although the member should make his election to serve for the place where his right is not disputed, yet the house will not order a warrant for a new writ to fill the feat he may have declined, till the expiration of the fortnight; unless, perhaps, the former petitioners were them


selves to inform the house that they wave their right, and do not intend to renew their petition. In the first session of this parliament, several freeholders of the county of Westmoreland petitioned the house, complaining of the election of fir James Lowther, bart. for that county. There was no trial of this cause before the end of the session. On the oth day of the fortnight, in the last seslion, “ The speaker acquainted the houte, that he had received a letter from fir James Lowther, who was prevented by illness from attending his duty in the house, to inform him, that (having received information from the several persons who were the petitioners from the county of Westmoreland in the last session of parliament, that they will not renew their petition) he, being chosen a knight of the Shire to serve in this present parliament for the county of Cumberland, and also a knight of the shire for the county of Westmoreland, made his election to serve for the said county of Cumberland.

« And a motion being made, and the question being proposed, That Mr. Speaker do issue his warrant to the clerk of the crown, to make out a new writ for the electing of a knight of the shire to ferve in this present parliament for the county of Westmoreland, in the room of the said fir James Lowther,

• The house was moved, That the petition of several free. holders of the county of Westmoreland, who have thereunto fubfcribed their names, which was presented to the house upon the 17th day of December, in the last session of parliament, might be read,

" And the same was read accordingly.

« Then the question being put, That Mr. Speaker do issue his warrant to the clerk of the crown, to make out a new writ, for the ele&ting of a knight of the shire to serve in this present parliament for the county of Westmoreland, in the room of the said fir James Lowther ;

" It passed in the negative.”

• The method here taken of communicating the intention of the former petitioners to drop their complaint, was not thought sufficient to justify the house in ordering a new writ. There was no immediate information in the name of the pe. titioners themselves. On the 13th of November, the fortnight being expired, and no renewed petition having been presented, a new writ was ordered for Westmoreland.'

These two volumes contain eleven cases of controverted ele&tions, beginning with that of the borough of Petersfield, in the county of Southampton, and ending with the election for the county of Fife in Scotland, Subjoined are Supple


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ments to the Cases of Hindon and Shaftesbury; with an Ap. pendix, containing the ftatutes relative to the mode of judicature. The whole forms a valuable compilation on this important fubje&t, interesting not only to lawyers, and members of parliament, but to every gentleman who would study the constitution of his country:

Letters from Lord Rivers to Sir Charles Cardigan, and to other

English Correspondents, while he resided in France. Translated from the original French of Madame Riccoboni, by Percival Stockdale. 2 vols.

12mo. 56. Jewed. Becket. A N accomplished young nobleman, and a young lady, who

had been placed under his protection, are in love with each other. The former conceals his passion, from a determination not to expose himself to the disdain or the tyranny of beauty. The latter thinks it inconsistent with female delicacy and decorum to be in love, or to discover her artachment, before the man, who is the object of her peculiar esteem, is inspired with a reciprocal affection, and has avowed his passion. In this interesting, this critical situation, these two lovers continue for some time; till their friends and their own hearts make a full discovery of their mutual inclinations. Their happiness is then completed by their marriage.

It is usual with some splenetic writers to declaim against the depravity of the present age, as if it were more corrupt and wicked than any former one. Our author very properly ex. plodes these groundless declamations :

! Whence have you adopted the idea, that formerly men thought, or acted, better than they do at present? You certainly took it not from history. I allow that the oldest writer we know treats his cotemporaries as a degenerate race; and that in every age the present progeny are charged with new, and depraved manners; with having loft all the glorious virtue of their ancestors. But read the dismal annals of human na. ture ; they will present to you in all times, at least, fubftantially, the vices which now subfift; the virtues which are now exerted. Different ages have been distinguished by different errors. Our forefathers have successively changed their laws, their customs, their notions, their prejudices, and their modes. But his nature, Charles! can man change his nature ? Is it not the last extreme of folly to suppose that he can?

• Attached to the age in which I was born, I will not join my voice to the clamours of those pretended sages, who decry the present times merely from irritability, and impatience of


temper. I anticipate, with pleasure, the encomiums with which posterity will honour the present æra ; encomiums which are now denied it, only because it exifts. Our descendants, I doubt not, will praise our modefty, our difintereftedness, our equity, our intellect, and our wit :-the regularity of our manners ; - perhaps the austerity of our principles: and in imi. tation of their predeceffors, will propose us as respectable mo. dels of every quality that is good, and of every talent that is



In a subsequent letter the ingenious author pursues the subject, and accounts for men's partial estimate of the manners of the times.

• Sir Maurice hath seen four generations: and he hath seen them grow abominably perverse, and corrupt.--They fuccefsively funk beneath each other in degeneracy.--And can you gravely assent to this prejudice ? Can you write a serious difsertation on this dotage ?

• Might we not, my friend, more joftly suppose a revoļution in the ideas of your great uncle, than this extreme depravity in his cotemporaries? Is it not more probable that the tone of his mind is changed, than that all men are pufillani. mous, and licentious ? If I see a traveller ftumble, at almost every step, on a road, in which others, and myself walk with out any impediment, shall I think it rough, and unpaffable ?

• Believe me, my friend, during the course of a long life, our desires, and our passions are the changeable objects. The world; I mean, mankind, and other external objects, are the same ; but from our predominant disposition of mind, while we survey them, they derive a temporary complexion and als peet. We determine their character as they are reflected on our present sentiments :-we forget our past affections; and we do not anticipate those that we shall feel in a lapse of time.

• As we feel before we think, so we enjoy before we estimatę. When we first go abroad into the world, we look around with curiosity, and pleasure; and we admire before we examine. The charm of novelty makes every thing enchanta ing to youth : for the solace of that gay season of life, nature feems to be displayed, animated, and adorned. Every object iben flatters ; every object then interests our self-love. The vivacity of the senses; the active emotion of the paflions; the powerful attraction of pleasure, multiply our desires, and our enjoyments. One pleasure enjoyed promises a greater! What an Elysian worid is presented to our view! What various and transporting delights it yields to its inhabitants !

By degrees, we are not satisfied with real and immediate pleasure : the meteors of imagination lead us aftray from truth;


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