borough, inherit a seat; and
some sit by the favour of others, whom, perhaps, they may gratify by the
act which provoked the expulsion. Some are safe by their popularity, and
some by their alliances. None would dread expulsion, if this doctrine
were received, but those who bought their elections, and who would be
obliged to buy them again at a higher price.

But as uncertainties are to be determined by things certain, and customs
to be explained, where it is possible, by written law, the patriots have
triumphed with a quotation from an act of the fourth and fifth of Anne,
which permits those to be rechosen, whose seats are vacated by the
acceptance of a place of profit. This they wisely consider as an
expulsion, and from the permission, in this case, of a reelection,
infer, that every other expulsion leaves the delinquent entitled to the
same indulgence. This is the paragraph:

"If any person, being chosen a member of the house of commons, shall
accept of any office from the crown, during such time as he shall
continue a member, his election shall be, and is hereby declared to be
void; and a new writ shall issue for a new election, as if such person,
so accepting, was naturally dead. Nevertheless such person shall be
capable of being again elected, as if his place had not become void as
aforesaid."

How this favours the doctrine of readmission, by a second choice, I am
not able to discover. The statute of the thirtieth of Charles the second
had enacted, that "he who should sit in the house of commons, without
taking the oaths, and subscribing the test, should be disabled to sit in
the house during that parliament, and a writ should issue for the
election of a new member, in place of the member so disabled, as if such
member had naturally died."

This last clause is, apparently, copied in the act of Anne, but with the
common fate of imitators. In the act of Charles, the political death
continued during the parliament; in that of Anne it was hardly worth the
while to kill the man whom the next breath was to revive. It is,
however, apparent, that in the opinion of the parliament, the dead-doing
lines would have kept him motionless, if he had not been recovered by a
kind exception. A seat vacated could not be regained, without express
permission of the same statute.

The right of being chosen again to a seat thus vacated, is not enjoyed
by any general right, but required a special clause and solicitous
provision.