Page:Letters of Junius, volume 1 (Woodfall, 1772).djvu/155

 expel Mr. Wilkes; that they are the proper court to judge of elections, and that the law of parliament is binding upon the people; still it remains to be enquired, whether the House, by their resolution in favour of Mr. Luttrell; have, or have not truly declared that law. To facilitate this enquiry, I would have the question cleared of all foreign or indifferent matter. The following state of it will probably be thought a fair one by both parties; and then I imagine there is no gentleman in this country, who will not be capable of forming a judicious and true opinion upon it. I take the question to be strictly this: "Whether or no it be the known, established law of parliament, that the expulsion of a member of the House of Commons, of itself creates in him such an incapacity to be re-elected, that, at a subsequent election, any votes given to him are null and void; and that any other candidate, who, except the person expelled, has the greatest number of votes, ought to be the sitting member."

prove that the affirmative is the law of parliament, I apprehend it is not sufficient for the present house of commons to declare