(1706/7, March 6. 5 Anne, c. 8. 8 S. R. 566.)
MOST gracious sovereign,
Whereas Articles of Union were agreed on, the twenty-second day of July in the fifth year of Your Majesty’s reign, by the commissioners nominated on behalf of the kingdom of England under Your Majesty’s great seal of England, bearing date at Westminster the tenth day of April then last past, in pursuance of an act of parliament made in England in the third year of Your Majesty’s reign, and the commissioners nominated on the behalf of the kingdom of Scotland under Your Majesty’s great seal of Scotland, bearing date the twenty-seventh day of February in the fourth year of Your Majesty’s reign, in pursuance of the fourth act of the third session of the present parliament of Scotland, to treat of and concerning an union of the said kingdoms; and whereas an act hath passed in the parliament of Scotland at Edinburgh the sixteenth day of January in the fifth year of Your Majesty’s reign, wherein ’tis mentioned, that the estates of parliament considering the said Articles of Union of the two kingdoms had agreed to and approved of the said Articles of Union, with some additions and explanations, and that Your Majesty, with the advice and consent of the estates of parliament, for establishing the Protestant religion and Presbyterian church government within the kingdom of Scotland, had passed in the same session of parliament an act, entitled, Act for securing of the Protestant Religion and Presbyterian Church Government, which by the tenor thereof was appointed to be inserted in any act ratifying the treaty, and expressly declared to be a fundamental and essential condition of the said treaty or union in all times coming; the tenor of which articles, as ratified and approved of with additions and explanations by the said act of parliament of Scotland, follows:
ARTICLE I
That the two kingdoms of England and Scotland shall upon the first day of May which shall be in the year one thousand seven hundred and seven, and forever after, be united into one kingdom by the name of Great Britain; and that the ensigns armorial of the said United Kingdom be such as Her Majesty shall appoint, and the crosses of St. George and St. Andrew be conjoined in such manner as Her Majesty shall think fit, and used in all flags, banners, standards and ensigns, both at sea and land.
ARTICLE II
That the succession to the monarchy of the United Kingdom of Great Britain and of the dominions thereto belonging after Her most sacred Majesty and in default of issue of Her Majesty be, remain and continue to the most excellent princess Sophia, electress and duchess dowager of Hanover, and the heirs of her body, being Protestants, upon whom the crown of England is settled by an act of parliament made in England in the twelfth year of the reign of His late Majesty king William the Third, entitled, An Act for the further Limitation of the Crown and better securing the Rights and Liberties of the Subject; and that all papists and persons marrying papists shall be excluded from and forever incapable to inherit, possess or enjoy the imperial crown of Great Britain and the dominions thereunto belonging or any part thereof, and in every such case the crown and government shall from time to time descend to and be enjoyed by such person, being a Protestant, as should have inherited and enjoyed the same, in case such papist or person marrying a papist was naturally dead, according to the provision for the descent of the crown of England, made by another act of parliament in England in the first year of the reign of Their late Majesties, king William and queen Mary, entitled, An Act declaring the Rights and Liberties of the Subject and settling the Succession of the Crown.
ARTICLE III
That the United Kingdom of Great Britain be represented by one and the same parliament to be styled the Parliament of Great Britain.
ARTICLE IV
That all the subjects of the United Kingdom of Great Britain shall from and after the union have full freedom and intercourse of trade and navigation to and from any port or place within the said United Kingdom and the dominions and plantations thereunto belonging. and that there be a communication of all other rights, privileges and advantages, which do or may belong to the subjects of either kingdom, except where it is otherwise expressly agreed in these articles.
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ARTICLE XVIII
That the laws concerning regulation of trade, customs and such excises, to which Scotland is by virtue of this treaty to be liable, be the same in Scotland from and after the union as in England; and that all other laws in use within the kingdom of Scotland do after the union and notwithstanding thereof remain in the same force as before, (except such as are contrary to or inconsistent with this treaty), but alterable by the parliament of Great Britain; with this difference betwixt the laws concerning public right, policy and civil government and those which concern private right, that the laws which concern public right, policy and civil government may be made the same throughout the whole United Kingdom, but that no alteration be made in laws which concern private right, except for evident utility of the subjects within Scotland.
ARTICLE XIX
That the Court of Session or College of Justice do after the union, and notwithstanding thereof, remain in all time coming within Scotland, as it is now constituted by the laws of that kingdom, * * * and that all inferior courts within the said limits do remain subordinate, as they are now, to the supreme courts of justice within the same, in all time coming; and that no causes in Scotland be cognizable by the courts of chancery, queen’s bench, common pleas, or any other court in Westminster Hall; * * *
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ARTICLE XXII
That by virtue of this treaty, of the peers of Scotland at the time of the union sixteen shall be the number to sit and vote in the house of lords, and forty-five the number of the representatives of Scotland in the house of commons of the parliament of Great Britain; and that when Her Majesty, her heirs or successors, shall declare her or their pleasure for holding the first or any subsequent parliament of Great Britain, until the parliament of Great Britain shall make further provision therein, a writ do issue under the great seal of the United Kingdom directed to the privy council of Scotland, commanding them to cause sixteen peers who are to sit in the house of lords to be summoned to parliament, and forty-five members to be elected to sit in the house of commons of the parliament of Great Britain, according to the agreement in this treaty, in such manner as by an act of this present session of the parliament of Scotland is or shall be settled; which act is hereby declared to be as valid as if it were a part of and engrossed in this treaty , and that the names of the persons so summoned and elected shall be returned by the privy council of Scotland into the court from whence the said writ did issue. * * *
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And the tenor of the aforesaid ‘Act for securing of the Protestant Religion and Presbyterian Church Government within the Kingdom of Scotland’ is as follows:
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* * * And further Her Majesty with advice aforesaid expressly declares and statutes, that none of the subjects of this kingdom shall be liable to, but all and every one of them forever free of any oath, test or subscription within this kingdom, contrary to or inconsistent with the foresaid true Protestant religion and Presbyterian church government, worship and discipline, as above established; and that the same within the bounds of this church and kingdom shall never be imposed upon or required of them in any sort; and lastly, that after the decease of Her present Majesty (whom God long preserve) the sovereign succeeding to her in the royal government of the kingdom of Great Britain shall
in all time coming, at his or her accession to the crown, swear and subscribe, that they shall inviolably maintain and preserve the foresaid settlement of the true Protestant religion, with the government, worship, discipline, right and privileges of this church, as above established by the laws of this kingdom, in prosecution of the Claim of Right. * * *
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X. May it therefore please Your most excellent Majesty, that it may be enacted; and be it 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 all and every the said Articles of Union as ratified and approved by the said act of parliament of Scotland, as aforesaid, and hereinbefore particularly mentioned and inserted; and also the said act of parliament of Scotland for establishing the Protestant religion and Presbyterian church government within that kingdom, entitled, * * *, and every clause, matter and thing in the said articles and act contained, shall be, and the said articles and acts are hereby forever ratified, approved and confirmed.
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(1707. 6 Anne, c. 7. First enacted in 1705, in 4 Anne, c. 8. 8 S. R. 742.)
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XXIV. AND be it further enacted by the authority aforesaid, that no person who shall have in his own name or in the name of any person or persons in trust for him or for his benefit any new office or place of profit whatsoever under the crown, which at any time since the five and twentieth day of October in the year of our Lord one thousand seven hundred and five have been created or erected, or hereafter shall be created or erected, nor any person who shall be commissioner or sub-commissioner of prizes, secretary or receiver of the prizes, nor any comptroller of the accounts of the army, nor any commissioner of transports, nor any commissioner of the sick and wounded, nor any agent for any regiment, nor any commissioner for any wine licenses, nor any governor [or] deputy governor of any of the plantations, nor any commissioners of the navy employed in any of the out ports, nor any person having any pension from the crown during pleasure, shall be capable of being elected or of sitting or voting as a member of the house of Commons in any parliament which shall be hereafter summoned and holden.
XXV. Provided always, that if any person being chosen a member of the house of commons shall accept of any office of profit 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: provided nevertheless that such person shall be capable of being again elected, as if his place had not become void as aforesaid.
XXVI. Provided also, and be it enacted, that in order to prevent for the future too great a number of commissioners to be appointed or constituted for the executing of any office, that no greater number of commissioners shall be made or constituted for the execution of any office, than have been employed in the execution of such respective office at some time before the first day of this present parliament.
XXVII. Provided also, that nothing herein contained shall extend or be construed to extend to any member of the house of commons, being an officer in Her Majesty’s navy or army, who shall receive any new or other commission in the army or navy respectively.
XXVIII. And be it further enacted, that if any person hereby disabled, or declared to be incapable to sit or vote in any parliament hereafter to be holden, shall nevertheless be returned as a member to serve for any county, stewartry, city, town or Cinque port in any such parliament, such election and return are hereby enacted and declared to be void to all intents and purposes whatsoever: and if any person disabled or declared incapable by this act to be elected shall after the dissolution or determination of this present parliament presume to sit or vote as a member of the house of commons in any parliament to he hereafter summoned, such person so sitting or voting shall forfeit the sum of five hundred pounds, to be recovered by such person as shall sue for the same in England by action of debt, bill, plaint or information, wherein no essoin, protection or wager of law shall be allowed, and only one imparlance.
XXIX. And be it further enacted and declared, that every person disabled to be elected or to sit or vote in the house of commons of any parliament of England shall be disabled to be elected or to sit or vote in the house of commons of any parliament of Great Britain.
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(1715, July 20. 1 George I. stat. 2, c. 5. 13 S. L. 142.)
I. WHEREAS of late many rebellious riots and tumults have been in divers parts of this kingdom, to the disturbance of the public peace, and the endangering of His Majesty’s person and government, and the same are yet continued and fomented by persons disaffected to His Majesty presuming so to do, for that the punishments provided by the laws now in being are not adequate to such heinous offences; and by such rioters His Majesty and his administration have been most maliciously and falsely traduced, with an intent to raise divisions, and to alienate the affections of the people from His Majesty: therefore for the preventing and suppressing of such riots and tumults, and for the more speedy and effectual punishing the offenders therein; be it enacted by the king’s most excellent Majesty, by and with the advice and consent of the lords spiritual and temporal and of the commons in this present parliament assembled, and by the authority of the same, that if any persons to the number of twelve or more, being unlawfully, riotously, and tumultuously assembled together, to the disturbance of the public peace, at any time after the last day of July in the year of our Lord one thousand seven hundred and fifteen, and being required or commanded by any one or more justice or justices of the peace, or by the sheriff of the county, or his under-sheriff, or by the mayor, bailiff, or bailiffs, or other head-officer, or justice of the peace of any city or town corporate, where such assembly shall be, by proclamation to be made in the king’s name, in the form hereinafter directed, to disperse themselves, and peaceably to depart to their habitations, or to their lawful business, shall, to the number of twelve or more, (notwithstanding such proclamation made) unlawfully, riotously and tumultuously remain or continue together by the space of one hour after such command or request made by proclamation, that then such continuing together to the number of twelve or more, after such command or request made by proclamation, shall be adjudged felony without benefit of clergy, and the offenders therein shall be adjudged felons, and shall suffer death as in case of felony without benefit of clergy.
II. And be it further enacted by the authority aforesaid, that the order and form of the proclamation that shall be made by the authority of this act, shall be as hereafter followeth (that is to say) the justice of the peace, or other person authorized by this act to make the said proclamation shall, among the said rioters, or as near to them as he can safely come, with a loud voice command, or cause to be commanded silence to be, while proclamation is making, and after that, shall openly and with loud voice make or cause to be made proclamation in these words, or like in effect:
‘Our sovereign lord the king chargeth and commandeth all persons, being assembled, immediately to disperse themselves, and peaceably to depart to their habitations, or to their lawful business, upon the pains contained in the act made in the first year of king George, for preventing tumults and riotous assemblies. God save the king.’
And every such justice and justices of the peace, sheriff, under-sheriff, mayor, bailiff, and other head officer aforesaid, within the limits of their respective jurisdictions, are hereby authorized, empowered and required, on notice or knowledge of any such unlawful, riotous and tumultuous assembly, to resort to the place where such unlawful, riotous and tumultuous assemblies shall be, of persons to the number of twelve or more, and there to make or cause to be made proclamation in manner aforesaid.
III. And be it further enacted by the authority aforesaid, that if such persons so unlawfully, riotously, and tumultuously assembled, or twelve or more of them, after proclamation made in manner aforesaid, shall continue together and not disperse themselves within one hour, that then it shall and may be lawful to and for every justice of the peace, sheriff, or under-sheriff of the county where such assembly shall be, and also to or for every high or petty constable, and other peace officer within such county, and also to or for every mayor, justice of the peace, sheriff, bailiff, and other head-officer, high or petty constable, and other peace officer of any city or town corporate where such assembly shall be, and to and for such other person and persons as shall be commanded to be assisting unto any such justice of the peace, sheriff or under-sheriff, mayor, bailiff, or other head officer aforesaid (who are hereby authorized and empowered to command all His Majesty’s subjects of age and ability to be assisting to them therein) to seize and apprehend, and they are hereby required to seize and apprehend such persons so unlawfully, riotously and tumultuously continuing together after proclamation made, as aforesaid, and forthwith to carry the persons so apprehended before one or more of His Majesty’s justices of the peace of the county or place where such persons shall be so apprehended, in order to their being proceeded against for such their offences according to law; and that if the persons so unlawfully, riotously, and tumultuously assembled, or any of them, shall happen to be killed, maimed or hurt, in the dispersing, seizing or apprehending, or endeavouring to disperse, seize or apprehend them, by reason of their resisting the persons so dispersing, seizing or apprehending, or endeavouring to disperse, seize or apprehend them, that then every such justice of the peace, sheriff, under-sheriff, mayor, bailiff, head-officer, high or petty constable, or other peace-officer, or all and singular persons, being aiding and assisting to them, or any of them, shall be free, discharged and indemnified, as well against the king’s Majesty, his heirs and successors, as against all and every other person and persons, of, for, or concerning the killing, maiming, or hurting of any such person or persons so unlawfully, riotously and tumultuously assembled, that shall happen to be so killed, maimed or hurt, as aforesaid.
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(1716, April 26. 1 George I. stat. 2, c. 38. 13 S. L. 283.)
WHEREAS in and by act of parliament made in the sixth year of the reign of their late Majesties king William and queen Mary (of ever blessed memory) entitled, An Act for the frequent Meeting and Calling of Parliaments: it was among other things enacted, that from thenceforth no parliament whatsoever, that should at any time then after be called, assembled or held, should have any continuance longer than for three years only at the farthest, to be accounted from the day on which by the writ of summons the said parliament should be appointed to meet: and whereas it has been found by experience, that the said clause hath proved very grievous and burdensome, by occasioning much greater and more continued expenses in order to elections of members to serve in parliament, and more violent and lasting heats and animosities among the subjects of this realm, than were ever known before the said clause was enacted; and the said provision, if it should continue, may probably at this juncture, when a restless and popish faction are designing and endeavouring to renew the rebellion within this kingdom, and an invasion from abroad, be destructive to the peace and security of the government: be it enacted by the king’s most excellent Majesty, by and with the advice and consent of the lords spiritual and temporal, and commons, in parliament assembled, and by the authority of the same, that this present parliament, and all parliaments that shall at any time hereafter be called, assembled or held, shall and may respectively have continuance for seven years, and no longer, to be accounted from the day on which by the writ of summons this present parliament hath been, or any future parliament shall be, appointed to meet, unless this present, or any such parliament hereafter to be summoned, shall be sooner dissolved by His Majesty, his heirs or successors.
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(1719, March 14. Cobbett’s Parliamentary History, vii. 592.)
1. THAT in lieu of the 16 elective peers, to sit in this house on the part of Scotland, 25 peers to be declared by his Majesty shall have hereditary seats in parliament and be the peers on the part of the peerage of Scotland.
2. That such 25 peers shall be declared by his Majesty, before the next session of parliament.
3. That 9 of the said 25 shall be appointed by his Majesty to have immediate right to such hereditary seats in parliament, subject to the qualifications requisite by the laws now in being.
4. That none of the remaining 16 so to be declared by his Majesty, or their heirs, shall become sitting peers of the parliament of Great Britain, until after the determination of this present parliament, except such as are of the number of the 16 peers now sitting in parliament on the part of Scotland, and their heirs.
5. That if any of the 25 peers so to be declared by his Majesty, and their heirs shall fail, some one or other of the peers of Scotland shall be appointed by his Majesty, his heirs and successors, to succeed to every such peer so failing; and every peer so appointed shall be one of the peers on the part of the peerage of Scotland, in the parliament of Great Britain, and so, toties quoties, as often as such failure shall happen.
6. That the hereditary right of sitting in parliament, which shall accrue to the 25 peers of Scotland, to be declared by his Majesty, shall be so limited as not to descend to females.
7. That the number of peers of Great Britain, on the part of England, shall not be enlarged, without precedent right, beyond six above what they are at present; but as any of the said present peers, or such six new peers, in case they be created, shall fail, their numbers may be supplied by new creations of commoners of Great Britain, born within the kingdom of Great Britain or Ireland, or any of the dominions thereunto belonging, or born of British parents, and so, toties quoties, as often as such failure shall happen.
8. That no person be at any time created by writ, nor any peerage granted by patent, for any longer estate than for the grantee, and the heirs male of his body.
9. That there be not any restraint upon the crown, from creating any of the princes of the blood, peers of Great Britain, with right to sit in parliament.
10. That whenever those lords now sitting in parliament, whose sons have been called by writ, shall die; then it shall be lawful for his Majesty, his heirs and successors, to create a peer to supply the number so lessened.
11. That every creation of a peer hereafter to be made, contrary to these resolutions, shall be null and void to all intents and purposes.
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(1731. 4 George II. c. 26. 16 S. L. 248.)
WHEREAS many and great mischiefs do frequently happen to the subjects of this kingdom, from the proceedings in courts of justice being in an unknown language, those who are summoned and impleaded having no knowledge or understanding of what is alleged for or against them in the pleadings of their lawyers and attorneys, who use a character not legible to any but persons practising the law: to remedy these great mischiefs, and to protect the lives and fortunes of the subjects of that part of Great Britain called England, more effectually than heretofore, from the peril of being ensnared or brought in danger by forms and proceedings in courts of justice, in an unknown language, be it enacted by the king’s most excellent Majesty, by and with the advice and consent of the lords spiritual and temporal and commons of Great Britain in parliament assembled, and by the authority of the same, that from and after the twenty-fifth day of March one thousand seven hundred and thirty-three, all writs, process and returns thereof, and proceedings thereon, and all pleadings, rules, orders, indictments, informations, inquisitions, presentments, verdicts, prohibitions, certificates, and all patents, charters, pardons, commissions, records, judgments, statutes, recognizances, bonds, rolls, entries, fines and recoveries, and all proceedings relating thereunto, and all proceedings of courts leet, courts baron and customary courts, and all copies thereof, and all proceedings whatsoever, in any courts of justice within that part of Great Britain called England, and in the court of exchequer in Scotland, and which concern the law and administration of justice, shall be in the English tongue and language only, and not in Latin or French, or any other tongue or language whatsoever, and shall be written in such a common legible hand and character, as the acts of parliament are usually engrossed in, and the lines and words of the same to be written at least as close as the said acts usually are, and not in any hand commonly called court hand, and in words at length and not abbreviated; any law, custom or usage heretofore to the contrary thereof notwithstanding: and all and every persons or persons offending against this act, shall for every such offence forfeit and pay the sum of fifty pounds to any person who shall sue for the same by action of debt, bill, plaint or information in any of His Majesty’s courts of record in Westminster Hall, or court of exchequer in Scotland respectively, wherein no essoin, protection or wager of law, or more than one imparlance, shall be allowed.
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