§ Mr. Ellisonadverted to the petition of John Ogle, Esq. complaing of an undue election and return for the borough of Boston, in the county of Lincoln, against Mr. Fydell, the present sitting member. He desired that the entry on the journals respecting this petition, might be read; which was accordingly done. He then desired that an entry on the journals in the year 1744, relative to the case of a petitioner who had been allowed seven days time to give in his qualification, on account of his being beyond seas at the time he was served with notice to do so, which he said was precisely the case of the present sitting member, Mr. Fydell; which entry being read, he moved, "that Mr. Fydell be allowed seven days from this present day, in order to prepare and lay before the house, a particular account of his qualification to be admitted as a member."
§ The Speakerentered into a foil explanation of the case. He reminded the house of the jealousy with which they were always actuated in matters of this nature. Yet he was well aware that laudable as that jealousy was, it would never stand in the way of justice and equity when they could be fairly attended without prejudice to either party. It was determined, by an order of the house, that when the qualification of candidates was called in question, the particulars of that qualification should be produced by him within fifteen days after the complaint of his wanting it, was made against him. The usual notice, it appears, had been sent to Mr. Fydell, in the present case, but not complied with; and the reason adduced for his non-compliance was his indispensible absence beyond sea. A precedent, similar to the present case, occured in the year 1744. It respected also a naval officer who was necessarily absent on the service of his country; and the house then judged it fit to extend the time. Should the house be now inclined to grant the same indulgence, they would agree to the motion made by the honourable gent.—Mr. Ellison's motion was then put and agreed to.