5 Annæ, c. 8. omitted out of the writ directed to such sheriff or stewart, to cause a knight, or commissioner for that shire or stewartry to be elected for that parliament. ANNO 6o ANNE REGINE, CAP. 23. An Act to make further Provision for electing and summoning 'WHEREAS, by the two and twentieth article of the treaty of union, for uniting the two kingdoms of England and Scotland, ratified and confirmed by the respective parliaments of each kingdom, it was amongst other things provided, That when her majesty, her heirs or successors, should declare their pleasure for holding the first, or any subsequent parliament of Great Britain, until the parliament of Great Britain should make further provision therein, writs should issue under the great seal of the united kingdom of Great Britain, directed to the privy council of Scotland, commanding them to cause sixteen peers, who were to sit in the house of lords, to be summoned to parliament, in such manner as by an act of the then present session of parliament of Scotland was or should be settled; in which session of the parliament in Scotland an act was accordingly passed for that purpose, intituled, 'An act settling the manner of electing the sixteen peers, and forty-five members to represent Scotland in the parliament of Great Britain,' which act was afterwards confirmed by the parliament of England, and declared to be as valid as if the same had been part of, and ingrossed in, the said articles of union; by which act it is, amongst other things provided and enacted, That the sixteen peers who should have a right to sit in the house of peers in the parliament of Great Britain, on the part of Scotland, by virtue of the said treaty, should be named by the said peers of Scotland, whom they represent, their heirs or successors, to their dignities and honours, out of their own number, and that by open election and plurality of voices of the peers present, and of the proxies for such as should be absent, the said proxies being peers, and producing a mandate in writing duly signed before witnesses, and both the constituent and proxy being quali fied according to law; and that such peers as were absent being qualified as aforesaid, might send to all such meetings a list of the peers whom they judged fittest, validly signed by the said absent peers, which should be reckoned in the same manner as if the parties had been present and given in the said list; and in case of the death or legal incapacity of any of the said sixteen peers, that the aforesaid peers of Scotland should nominate another of their own number in place of the said peer or peers, in manner as therein is mentioned; and it was thereby further enacted, That until the parliament of Great Britain should make further provision therein, the said writs so to be issued should contain a warrant and command, to command the said privy council to issue out a proclamation in her majesty's name, requiring the peers of Scotland for the time, to meet and assemble at such time and place within Scotland, as her majesty and her royal successors should think fit, to make election of the said sixteen peers, and requiring the lord clerk register, or two of the clerks of session, to attend all such meetings, and to administer the oaths as were, or should be, by law required, and to ask the votes, and having made up the list in presence of the meeting, to return the names of the sixteen peers chosen, certified under the subscription of the said lord clerk register, clerk, or clerks of session, attending, to the clerk of the privy council of Scotland, to the end that the names of the sixteen peers being so returned to the privy council might be returned to the court from whence the writ did issue, under the great seal of the united kingdom, conform to the said twenty-second article; and whereas by an act of this present session, intituled, 'An act for rendering the union of the two kingdoms more 6 Annæ, c. 6. entire and complete,' it is declared and enacted, 'That from and after the first day of May, one thousand seven hundred and eight, the privy council of Scotland shall cease and determine, whereby it is become necessary that some further provision should be made for the electing and returning the said sixteen peers, that are to sit in the house of peers in the parliament of Great Britain, pursuant to the said treaty: be it therefore enacted, &c. That at all times hereafter, when her majesty, her heirs, and successors, shall declare her or their pleasure for summoning and holding any parliament of Great Britain, in order to the electing and summoning the sixteen peers of Scotland, a proclamation shall be issued Proclamation under the great seal of Great Britain, commanding all the to be issued for electing 16 peers of Scotland to assemble and meet at Edinburgh, or peers of Scotin such other place in Scotland, and at such time as shall land to sit in the parliament be appointed in the said proclamation, to elect, by open of Great Brielection, the sixteen peers to sit and vote in the house of peers in the parliament of Great Britain, in such manner as by the before-recited act and herein-after is appointed. taiu, 2. AND be it further enacted, by the authority aforesaid, and published at Edinburgh, That every proclamation issued, for the purpose aforesaid, &c. 25 days' shall be duly published at the market cross at Edinburgh, before elec and in all the county towns of Scotland, five and twenty days at the least before the time thereby appointed for the meeting of the peers to proceed to such election. tion. present to take 3. AND be it further enacted, by the authority aforesaid, All the peers That all the peers who meet on such proclamation, shall, the oaths. before they proceed to the election, and in the presence of the peers assembled for such election, take the respective oaths, videlicet: 'I, A. B., do sincerely promise and swear, that I will Oaths. be faithful, and bear true allegiance to her majesty queen Anne. 'So help me God.' 'I, A. B. do swear, that I do from my heart abhor, de And subscribe the declara tion. And also take test, and abjure, as impious and heretical, that damnable doctrine and position, that princes excommunicated or deprived by the pope, or any authority of the see of Rome, may be deposed or murdered by their subjects or any other whatsoever and I do declare, that no foreign prince, person, prelate, state, or potentate, hath or ought to have any jurisdiction, power, superiority, pre-eminence, or authority, ecclesiastical or spiritual within this realm. 'So help me God.' And shall also make, repeat, and subscribe the declaration following, videlicet. 'I, A. B., do solemnly and sincerely, in the presence of God, profess, testify, and declare, that I do believe, that in the sacrament of the Lord's supper, there is not any transubstantiation of the elements of bread and wine into the body and blood of Christ, at or after the consecration thereof by any person whatsoever, and that the invocation or adoration of the Virgin Mary, or any other saint, and the sacrifice of the mass, as they are now used in the church of Rome, are superstitious and idolatrous. And I do solemnly, in the presence of God, profess, testify, and declare, that I do make this declaration, and every part thereof, in the plain and ordinary sense of the words read unto me, as they are commonly understood by English protestants, without any evasion, equivocation, or mental reservation whatsoever, and without any dispensation already granted me for this purpose by the pope, or any other authority or person, or without any hope of any such dispensation from any person or authority whatsoever, or without thinking that I am, or can be, acquitted before God or man, or absolved of this declaration, or any part thereof, although the pope, or any other person or persons, or power whatsoever, should dispense with or annul the same, or declare that it was null and void from the beginning.' And also take and subscribe the oath following, vi the following delicet: oath. 'I, A. B., do truly and sincerely acknowledge, profess, testify, and declare, in my conscience before God and the world, that our sovereign lady queen Anne is lawful and rightful queen of this realm, and of all other her majesty's dominions and countries thereunto belonging: and I do solemnly and sincerely declare, that I do believe in my conscience, the person pretended to be prince of Wales during the life of the late king James, and, since his decease, pretending to be, and taking upon himself the stile and title of king of England, by the name of James the third, or of Scotland by the name of James the eighth, or the stile and title of king of Great Britain, hath not any right or title whatsoever to the crown of this realm, or any other the dominions thereunto belonging, and I do renounce, refuse, and abjure any allegiance or obedience to him: and I do swear, that I will bear faith and true allegiance to her majesty queen Anne, and her will defend, to the utmost of my power, against all traitorous conspi c. 2. 12 & 13 W. 3. c. 2. racies and attempts whatsoever, which shall be made against her person, crown, or dignity and I will do my utmost endeavour to disclose and make known to her majesty and her successors, all treasons, traitorous conspiracies, which I shall know to be against her or any of them and I do faithfully promise, to the utmost of my power, to support, maintain, and defend the succession of the crown against him the said James, and all other per- Altered by 1 sons whatsoever, as the same is and stands settled by an Geo. 1. c. 13. act, intituled, 'An act, declaring the rights and liberties 1 W. & M. s. 2. of the subject, and settling the succession of the crown to her present majesty, and the heirs of her body, being protestants; and as the same by one other act, intituled, 'An act for the further limitation of the crown, and better securing the right and liberties of the subject,' is and stands settled and entailed after the decease of her majesty, and for default of issue of her majesty, to the princess Sophia, electress and duchess dowager of Hanover, and the heirs of her body, being protestants and all these things I do plainly and sincerely acknowledge and swear, according to these express words by me spoken, and according to the plain and common sense and understanding of the same words, without any equivocation, mental evasion, or secret reservation whatsoever. And I do make this recognition, acknowledgment, abjuration, renunciation, and promise, heartily, willingly, and truly, upon the true faith of a Christian. So help me God.' land, or resid sent at elec make a proxy, 4. AND that such peers that live in Scotland, but shall How peers not be present at such meeting so appointed, may take the living in Scotsaid oaths, and make and subscribe the said declaration in ingin Eng any sheriff's court in Scotland; and every sheriff, or his land, not predeputy, before whom such oaths and such declaration shall tion, may take be so made, subscribed, and repeated, shall and is hereby the oaths, &c. required to return the original subscription of such oath and declaration, signed by the peer who took the same, and make a return in writing under his hand and seal, to the peers so assembled, of such peers taking the said oaths, and making and subscribing the said oath and declaration, and such peer shall be thereby enabled and qualified to and be theremake a proxy, or to send a signed list, containing the by qualified to names of sixteen peers of Scotland, for whom he giveth his &c. vote, and such of the peers of Scotland as at the time of issuing such proclamation reside in England, may take and subscribe the said oaths, and make, repeat, and subscribe the said declaration, in her majesty's high court of chancery in England, her majesty's court of queen's bench, common pleas, or court of exchequer in England, which being certified by writ, to the peers in Scotland at their meeting, under the seal of the court where such oath and declaration shall be made, repeated, and subscribed, shall be sufficient to entitle such peer to make his proxy and to send a signed list as aforesaid; and in case any of the said peers of Scotland, who, at any time before the issuing of such proclamation, have taken the said oaths and made and subscribed the said declaration in England or How proxies shall be signed. No peer to have more than two proxies. After election, peers elected. Scotland, to be certified as aforesaid, and if taken in parliament, to be certified under the great seal of Great Britain, shall, at the time of issuing such proclamation, be absent in the service of her majesty, her heirs, or successors, such peer may make his proxy, or send a signed list. 5. Provided always, and be it enacted by the authority aforesaid, That such peers of Scotland, as are also peers of England, shall sign their proxies and lists by the title of their peerage in Scotland: 6. AND be it further enacted, by the authority aforesaid, That no peer shall be capable of having more than two proxies at one time 7. AND be it further enacted, by the authority aforesaid, lord clerk re- That at such meeting of the peers, they shall all give in the gister to certify the names names of the persons by them nominated to sit and vote in of the sixteen the house of peers in the parliament of Great Britain, and the lord clerk register, or two of the principal clerks of the session appointed by him to officiate in his name, shall, after the election is made and duly examined, certify the names of the sixteen peers so elected, and sign and attest the same in the presence of the peers, which certificate, so signed and attested, shall, by the lord clerk register, or two of the principal clerks of the session, be returned into her majesty's high court of chancery of Great Britain, before the time appointed for the meeting of the parliament. How peers shall come at tions; 8. AND be it further enacted, by the authority aforesaid, tended to elec- That the peers shall come to such meetings with their ordinary attendants only, according to, and under the several penalties inflicted by, the several laws and statutes now in force in Scotland, which prescribe and direct with what number and attendants the subjects there may repair to the public courts of justice. and not debate or treat of any matter, &c. except only the elec tion. 9. AND be it further enacted, by the authority aforesaid, That it shall not be lawful for the peers so assembled and met together, for the electing sixteen peers to sit and vote in the house of peers in the parliament of Great Britain, to act, propose, debate, or treat of any other matter or thing whatsoever, except only the election of the said sixteen peers, and that every peer who shall, at such meeting, presume to propose, debate, or treat of any other matter or thing, contrary to the direction of this act, shall incur the penalty of premunire, expressed in the statute of the sixteenth year of king Richard the Second. 10. AND be it further declared, by the authority aforesaid, That all and every matter and things for, or concerning the election of sixteen peers of Scotland, to sit and vote in the house of peers in the parliament of Great Britain, directed and appointed to be observed and done by the articles of union, and the said recited act of parliament in Scotland, intituled, An act settling the manner of electing the sixteen peers and forty-five members to represent Scotland in the parliament of Great Britain,' which act, by an act of parliament in England, in the fifth year of her ma5 Annæ, c. 8. jesty's reign, intituled, An act for the union of the two kingdoms of England and Scotland,' was declared to be as Confirmation of the act of parliament of Scotland. 6 |