§ Mr. Henry Thornton,pursuant to his notice yesterday, rose to move for the discharge of the order for taking into consideration the petition complaining of the want of qualification of Mr. Mainwaring, on Thursday the 2d of May. There were two ways of getting rid of the petition, either by withdrawing it, or by discharging the order. As those who presented the petition had neglected to withdraw it, and as the time fixed for taking it into consideration was so near, he 509 thought it his duty to submit the motion of which he had given notice; and particularly, as sir Francis Burdett and his friends would not be precluded from being heard touching the charge contained in the petition before the committee to whom the petition and the merits of the election had been referred. It would be contrary to the spirit of the act, that the same matter should be tried before two different committees.
§ Mr. Creeveysuggested, that it would be the more proper way to have the consideration of the petition adjourned.
§ Mr. Thorntonobserved, that when the petition was presented, Mr. Mainwaring was a member of the house, and being so no longer, the house was of course capable of discharging an order which now was useless.
§ Mr. Creeveyconsidered the point in question to be a new one, and said he should take it as a favour if the hon. gent. would defer his-motion till to-marrow.
§ The Speakersaid the proceedings in the affair amounted to this: the petition was presented against a member on the ground of disqualification, That member had been dispossessed of his seat, in consequence of another petition, and therefore the petition did not apply. The only questions therefore was, whether the house had the power of disembarrassing itself from it?
§ Mr. Thorntonsaid the petition was perfectly useless, as the house could not proceed upon it.
§ Mr. P. Mooresaid the petition looked to an eventual circumstance, and might therefore be applicable at another time, and he was commissioned by the parties who signed it to say, that deeming Mr. Mainwaring disqualified, they wished their petition to go collaterally with another, which was still depending.
§ Mr. Thorntonreplied, that should that be the Case, sir Francis Burdett's friends would still have a right to be heard before a committee.—The order of the day was then discharged.