Mr. Estcourttook the oaths and his seat for Devizes, in the room of the right hon. H. Addington, created viscount Sidmouth.—Mr. Irwin, inspector general of exports and imports, presented at the bar, an account of the exports to the ports of Spain, during the years 1803 and 1804, as far as the same can be made up.—Mr. Cooke, from the exchequer bill office, brought up an Account of the unfunded debt in exchequer bills outstanding on the 5th of Jan. 1805.—Sir E. Nepean postponed the motion of which he had given notice for this day, relative to the continuing the suspension of the habeas corpus act, and martial law in Ireland, to a future day.—The insolvent debtors' bill was committed, read a third time and passed, and returned to the lords.—Mr. Alexander brought up the land and malt bill, and the bill for continuing the duties on pensions, tobacco, snuff, &c. which, were severally read a 1st, and ordered to be read a 2d time to-morrow.—A message from the lords informed the house, that their 1dps. requested the house would give leave to sir T. Featherstone, bart. the hon. G. L. Cole, sir James Stewart, bart. and M. Archdall, esq. to attend the lords, in order to be examined as witnesses before the committee appointed to consider the matters alleged against Mr. Justice Fox, on the 18th Feb. next. The speaker, after putting the question to the 147 house, informed the messengers that the I house would return an answer by messengers of their own.
§ Mr. Creeveybrought up a petition from certain freeholders of the county of Middlesex, claiming to have had a right to vote at the last election for that county, setting forth that at the last election of a knight of the shire for the county of Middlesex, sir F. Burdett, bart. and G. B. Mainwaring, esq. were candidates to represent the same county in parliament; that, on the shew of hands, the then sheriff declared the majority to be in favor of the said sir F. Burdett; that thereupon a poll was duly demanded in favor of the said G. B. Mainwaring, and was proceeded on from day to day; that, at the close of the said election, the said sheriff returned the said G. B. B. Mainwaring as duly elected to represent the said county in parliament; that, after the demanding the said poll, and previously to the granting thereof, or proceeding on the same, the qualification of the said G. B. Mainwaring to represent the said county in parliament, was duly requested of him, and the said G. B. Mainwaring was thereby required to swear to the same, according to the provisions of the statute in that behalf made and provided: that, on such request being made, the said G. B. Mainwaring insisted that the provisions of the said act of parliament above referred to, did not extend to him, he being the eldest son and heir apparent of a person qualified by the said statute to serve as a knight of a shire; but, immediately afterwards, the said G. B. Mainwaring took his corporal oath, in the form, and to the effect, prescribed by the said statute, and swore that he truly and bonâ fide had such an estate in law or equity, to and for his own use and benefit, of or in lands, tenements, or hereditaments, over and above what would satisfy and clear all incumbrances that might affect the same, of the annual value of six hundred pounds, above reprizes, as did qualify him to be elected and returned to serve as a member for the said county of Middlesex, according to the tenor and true meaning of the act of parliament in that behalf; and that his said lands, tenements,, or hereditaments, were lying or being within the several parishes, townships, or precincts, of Edmonton and Enfield, in the said county of Middlesex; and that the petitioners are informed and believe, and represent to the house, that, at the time of the said election and return, when such 148 demand of his qualification as aforesaid was made, the said G. B. Mainwaring was not the eldest son or heir apparent of any person so qualified as aforesaid to serve as knight of a shire, and then had not any estate, freehold or copyhold, for his own life, or for some greater estate, either in law or equity, to and for his own use and benefit, of or in lands, tenements, or hereditaments, over and above what would satisfy and clear all incumbrances that might affect the tame, lying or being in Edmonton and Enfield aforesaid, or either of them, or elsewhere, within that part of G. Brit, called England, the dominion of Wales, and town of Berwick upon Tweed, of the annual value of 600 pounds, above reprizes, as qualified him to be elected and returned to represent the said county in parliament; whereby the said election and return of the said G. B. Mainwaring were and are void, and the said G. B. Mainwaring is not capable to sit or vote as a member of the house; and therefore praying the house to take their petition into consideration, and that the house will declare the said election and return to be void, and grant them such further relief in the premises as to the house shall seem meet.—Ordered, that the said petition be taken into consideration upon Thursday, Feb. 28,at 3 o'clock in the afternoon. —Ordered, that Mr. Speaker do issue his warrant or warrants for such persons, papers, and records, as shall be thought necessary by the several parties on the hearing of the matter of the said petition.