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' 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 under'stood 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 au'thority or person whatsoever, 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 ab'solved 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.'

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And also take and subscribe the oath following, videlicet,

'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 thereun'to belonging: And I do solemnly and sincerely declare, that I do believe in my conscience, the person pretending to be Prince of Wales, 'during the life of the late King James, and, since his decease, pre'tending 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 traiterous conspiracies and attempts whatsoever 'which shall be made against her person, crown, or dignity. And 'I will do my best endeavour to disclose and make known to her 'Majesty, and her successors, all treasons and traiterous 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 persons whatsoever, as the same is, and stands settled 'by an act, intituled, An act declaring the rights and liberties of "the subject, and settling the succession of the Crown to her pre"sent Majesty, and the heirs of her body, being Protestants;' and as the same, by one other act intituled, An act for the farther limi"tation of the Crown, and better securing the rights 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

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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 equivoca'tion, 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.'

IV. And that such peers that live in Scotland, but shall not be present at such meeting so appointed, may take the said oaths, and make and subscribe the said declaration, in any sheriff's court in Scotland; and every sheriff, or his deputy, before whom such oaths and such declaration shall be so made, subscribed and repeated, shall, and is hereby 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 make a proxy, or to send a signed list, containing the names of the sixteen peers of Scotland for whom he giveth his 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 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.

V. 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.

VI. And be it further enacted by the authority aforesaid, that no peer shall be capable of having more than two proxies at one time.

VII. And be it further enacted by the authority aforesaid, that at such meeting of the peers, they shall all give in the names of the persons by them nominated to sit and vote in 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 Sessions be returned into her Majesty's High Court of Chancery of Great Britain, before the time appointed for the meeting of the Parliament.

VIII. And be it further enacted, by the authority aforesaid, 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 numbers and attendants the subjects there may repair to the publick courts of justice.

IX. 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.

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X. And be it further enacted, 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, 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 Majesty's reign, intituled, An act for an Union of the two kingdoms of England and Scotland,' was declared to be as valid as if the same had been part of, and engrossed in, the articles of union, thereby ratified and approved, shall be observed and performed, except only wherein this act has further declared and provided.

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XI. And be it further enacted by the authority aforesaid, that, in case any of the sixteen peers so chosen shall die, or become otherwise legally disabled to sit in the House of Peers of the Parliament of Great Britain, that her Majesty, her heirs and successors, shall forthwith, after such death or disability, issue a proclamation under the great seal of Great Britain, for electing another peer of Scotland to sit in the House of Peers of the Parliament of Great Britain, in the room of such peer deceased, or otherwise legally disabled; which

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proclamation shall be published at such time and places, as is herein enacted, touching proclamations issued upon summoning a Parliament of Great Britain; and the peers of Scotland being qualified as is hereby directed, shall proceed to elect a peer of Scotland, to sit in the House of Peers, of the Parliament of Great Britain, in room of such peer deceased, or otherwise legally disabled, in such manner, and under such restrictions and regulations, as are by this act directed to be observed upon the electing sixteen peers of Scotland to sit in the House of Peers of the Parliament of Great Britain.

XII. And be it further enacted, by the authority aforesaid, that, for the more effectual trial of any peer of Great Britain that hath committed, or shall commit, any high treason, petit-treason, misprision of treason, murder, or other felonies in Scotland, commission or commissions may issue under the great seal of Great Britain, to be directed to such person and persons as shall be therein named, constituting them, and such a number of them, as shall be therein mentioned, justices of the Queen, her heirs and successors, to inquire, by the oaths of good and lawful men, of such county and counties of Scotland as shall be named therein, of all treasons, misprisions of treason, murders, and other felonies, committed in such county by a peer, or peers, of Great Britain; which inquisition shall be taken and made in the same manner as indictments found and taken before justices of oyer and terminer of any county of England, and shall be of the same effect, and proceeded upon in the same method as any inquisition found before justices of oyer and terminer in England, whereby any peer is indicted for any such offence; and such justices shall issue mandates or precepts to the sheriffs of the respective counties of Scotland, to return to them at such day and place as they shall appoint, such and so many good and lawful men of the same county as may be sufficient to inquire of the offences aforesaid, and twelve or more of them, so returned, being sworn, shall be sufficient to make such inquiry, and find any indictment; and, if the sheriff of such county shall not summon a sufficient number of men to make such inquisition, the justices that do proceed upon such commission may impose a fine upon such sheriff, which shall be levied by process out of the Exchequer; and if any of the persons summoned by the sheriff to inquire, as aforesaid, shall not appear, the justices may, in like manner, impose a fine upon such person so making default, to be levied in manner aforesaid.

XIII. And be it further enacted, by the authority aforesaid, that every person who shall refuse to take the oath last herein before recited, or, being a Quaker, shall refuse to declare the effect thereof upon his solemn affirmation, as directed by an act of Parliament made in the seventh year of the reign of his late Majesty King Wil liam, intituled, An act that the solemn affirmation and declaration of the people called Quakers, shall be accepted instead of an oath

' in usual form,' (which oath or declaration the sheriff, president of the meeting, or chief officer taking the poll at any election of members to serve in the House of Commons for any place in Great Britain, or commissioners for choosing burgesses for any place in Scotland, at the request of any candidate, or other person present at such election, are hereby empowered and required to administer), shall not be capable of giving any vote for the election of any such member to serve in the House of Commons for any place in Great Britain, or commissioner to choose a burgess for any place in Scotland.

XIV. Provided always, and be it enacted by the authority aforesaid, that if any person being a Quaker, shall refuse to take the said oath, being tendered to him in pursuance of an act made this present session of Parliament, intituled,' An act for the better security ' of her Majesty's person and government,' but shall, instead thereof, declare the effect of the said oath, upon his solemn affirmation, as directed by an act of Parliament made in the seventh year of the reign of his late Majesty, King William the Third, intituled, An 'act that the solemn affirmation and declaration of the people called 'Quakers, shall be accepted instead of an oath in usual form;' which affirmation shall be administered to such Quaker instead of the said oath; such Quaker shall not be liable to any the penalties and forfeitures for refusing the said oath, when tendered to him, contained or mentioned in the said act, intituled, An act for the better security of her Majesty's person and government.'

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Anno Duodecimo ANNE REGINE, CAP. 6.

An Act for the better Regulating the Elections of Members to serve in Parliament for that part of Great Britain called Scotland.

WHEREAS, of late, several conveyances of estates have been made in trust, or redeemable for elusory sums, no ways adequate to the true value of the lands, on purpose to create and multiply votes in elections of members to serve in Parliament for that part of Great Britain called Scotland, contrary to the true intent and meaning of the laws in that behalf: Be it therefore enacted by the Queen's most excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, that, from and after the determination of this present Parliament, no conveyance, or right whatsoever, whereupon infeoffment is not taken, and seisin registrated, one year before the teste of the writs for calling a new Parliament, shall, upon objection made in that behalf, entitle the person, or persons, so infeft, to vote, or to be elected, at that election, in any shire or stewartry in that part of Great Britain called

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