confent of the proper officers of the faid college and univerfity, and without matriculation; and that by the ufages of the universities of Oxford and Cambridge, and to which the faid letters patent do in regard to the faid election of burgeffes exprefsly refer, no perfon has been held eligible, nor been elected to reprefent either of the fid univerfities in parliament, who had not been a member of the fame; nor has any perfon who had merely obtained an honorary degree been confidered a member of either of the said univerfities, fuch degree never having been confidered as conferring any academic or collegiate right whatfoever; that the university of Dublin has, in conformity with the letter and fpirit of the faid letters patent, as alfo with the faid ufages and customs of Oxford and Cambridge, to which they exprefsly refer, uniformly, until the election of the Hon. George Knox, elected two of its members to ferve in parliament; and never has confidered an honorary degree as conftituting any right to the denomination of a member of the faid college and univerfity; wherefore the petitioner fubmits, that the faid Hon. George Knox was not, and is not, a member of the faid college and univerfity qualified to reprefent them in parliament; and the petitioner further fhews, that at the time of the faid election, and at the poll, he infifted diftinely on fuch incapacity of the faid Hon. George Knox, and gave notice thereof to every voter as he came to the poll, and that his vote would be thrown away if given for the faid Hon. George Knox; that, nevertheless, 39 perfons were admitted to poll for the faid Hon. George Knox, and 29 for the petitioner; and the returning officer declared the faid Hon. George Knox duly elected, and hath returned him accordingly, to the great wrong of the petitioner, and in prejudice and violation of the rights of the faid college and university; and therefore praying, that the premifes may be taken into confideration, and that fuch relief may be granted to the petitioner as to the House may feem meet.

The whole of the first day was occupied in arranging the mode of proceeding, conformably to the ftat. 42 Geo. 3. c. 106. for regulating the trial of Irish controverted elec. tions. The statements required by f. 3. were interchanged, containing the different matters upon which each party meant to rely. Then, after fome deliberation, the committee refolved,

"That the chairman be directed to acquaint the counfel for the petitioner that he is to open the whole of his cafe, and produce fuch evidence as he has in England 2, and that the counsel for the fitting member be directed to follow the fame course."

This manner of proceeding was held to be neceffary, under the 15th fection of the act, which requires the committee, in their application to the Houfe for leave to adjourn after the iffuing of the commiffion to Ireland, to state, that they have gone through all the other parts of the petition except what have been referred to the commiffioners: Mr. Plumer accordingly proceeded to open the cafe on the part of the petitioner, and gave in fuch evidence as arofe in England. Mr. Serjt. Lens then opened on the part of the fitting member; but offered no English evidence. The notices of each party to the other of his intention to apply to the select committee for the commiffion, were delivered in and admitted. Vide f. 5. of the act.

Afterwards, the committee recorded the admiffions of the parties, 1. "That Mr. Knox was returned member to ferve for the univerfity of Dublin in the year 1797, and that when he received his degree of Doctor of Laws he was member of the Irish parliament for the borough of Dun gannon, and was at that time the fon of a peer.

"Printed or examined copies of all the charters respecting the faid college and university admitted.”

This confifted of the charters and the ufage of the English univerfities. The reader will fee from the petition,

and from the Dublin charter, (post,) how they became evidence in this caufe.

The

The committee then proceeded, by virtue of the 14th fection of the ftatute, to make their order, fpecially affigning and limiting the facts, allegations, and matters refpecting which the commiflioners in Ireland were required to examine evidence.

The order in this cafe was drawn up by agreement between the counsel, and adopted by the committee, without any alteration.

This, together with the statements delivered by the feveral parties, and all fuch other documents and papers as the committee fhall think proper, are directed to be conveyed to the clerk of the crown in Ireland, or his deputy, and by him or his deputy tranfmitted to the feveral parties in the method used in conveying writs in that part of the united kingdom called Great Britain.

And the committee came to the following refolution: "That the chairman do tranfmit to the clerk of the crown in Ireland all the papers, pursuant to act 42 Geo. 3. c. 106. and report to the Houfe accordingly.”

The names of three barristers, William Wagget, John Whitley Stokes, and Morgan John O'Dwyer, Efqrs. were given in by confent, as commiffioners, f. 7.

The committee then adjourned, Feb. 19, and affembled again on April 25th, in confequence of the Speaker's warrant, inferted in the London Gazette. Vid. f. 24. The evidence collected by the commiffioners was produced, together with feveral documents and papers tranfmitted by them.

The courfe obferved in this ftage of the cause was as follows: The petitioner's counsel read fuch parts of the evidence as he thought proper, and fummed up the whole of his cafe. Afterwards the counfel for the fitting member in like manner read his evidence and fummed up: and then the counfel for the petitioner replied. A queftion arofe, Whether it was competent to the counfel to make objections to any part of the evidence tranfmitted by the commiffioners ; the act reftraining them from receiving any further evidence refpecting any matter which fhall have been tried by the commiflioners,

C 4

English evi

dence.

missioners, and directing, that the commiffioners fhall fet down any objections made to the evidence at the time of its being offered, and tranfmit the objections, together with the evidence? It was fuggefted, that this was the only mode in which any objection could be made; and that it would be unjuft to fuffer any evidence to be excepted to in this stage of the proceeding; becaufe it was now too late for the party who offered it, if it were rejected, to have recourfe to other evidence to fupply its place: as he might have done, had the objection been regularly made before the commillioners in Ireland. The committee, however, heid, that they were not bound by the ftatute to proceed upon illegal and improper evidence; and accordingly heard and decided upon fuch objections as the counsel on either fide thought fit tọ make.

This account of the order of proceeding is given feparately, for two reafons: 1. To exhibit it in the most distinct point of view to thofe who, in cafe of future petitions from Ireland, may defire to know in what manner the first committee who fat under ftat. 42 Geo. 3. c. 106. interpreted that act. 2. To render it unneceffary to obferve the fame order in the report of the cafe; and thereby to fpare a repetition of the arguments, and a detail of immaterial evidence.

The English evidence, produced on the part of the petitioner, confiited, 1. Of the charters of King James the 1ft to the univerfities of Oxford and Cambridge: 2. The returns of members to parliament fince that period; but there is a charm in the returns for Oxford from 1641 to 1661; for Cambridge from 1646 to 1660: 3. The account of the feveral degrees to be obtained' at each university, the manner of conferring them, and the privileges to which thofe who poffefs them are entitled: 4. The entry, in the books of matriculation, of the names of fuch as had formerly reprefented the university, and whofe names could be found

Sce Note (A).

Mere

there; and with refpect to thofe whofe names could not be found, other evidence in fome inftances was offered to thew that they had been members of the respective

bodies.

In the university of Oxford, the instances of this fort which occurred, as appeared from the teftimony of the Rev, Mr. Gutch, regifter of the univerfity, were thefe:

1. Sir Daniel Dunn: the witnefs could not find his name in the books of matriculation; but he was admitted to incept in civil law 20th June 1580, and was elected a fellow of All Souls College in 1567, for which it was neceffary that he fhould have been a member of fome other college for three years; and therefore although his name could not be found, he must have been matriculated.

2. Sir John Bennet's matriculation does not appear. He was ftudent of Chrift- Church, a regular Master of Arts April 29, 1580, and proctor 1585: and he could have been none of thefe, if he had not been matriculated.

Thofe, of whom no trace can be found, are, 1. Sir T Edmonds. He fat in two parliaments, in the fame year; having been returned 16th April 1625, and 17th January 1625-6. The witnefs could neither find his matriculation nor his degree.

2. Laurence Hyde. He was returned for the university.

in 1661.

3. Sir W. Whitelock. He fat in fix parliaments, from 1703 to 1715.

The following entry was read of the matriculation of Sir Th. Clarges: "Coll. Wadham, term Mich. 1688, Jan 4. Ds. Tho. Clarges in conventione delegatus Oxon. futurus in matriculam ejufdem adfcriptus eft c.

It was afcertained, that all the perfons who had reprefented the univerity of Cambridge had been members of it,

William Bromley, the elder, fat from 1700 to 1727- He was matricuJated 1679, B. A. 1681, LL. D. 17C2. In 1722 there is a petition against W.

Bromley and it is alleged; that he is not qualified "as by the charter he ought to be." The petition does not appear to have been proceeded in.