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c. 2.

who now stiles himself the King of Great Britain, or King of England, by No. XXXIX. the name of James the Third, or King of Scotland, by the name of James

6 Anne, the Eighth, hath any right or title to the Crown of these realms, or that

c. 7. any other Person or Persons hath or have any right or title to the same, otherwise than according to an Act of Parliament made in England in the first year of the reign of their late Majesties King William and Queen 1 W. & M. st.

2. c. 2. Mary, of ever blessed and glorious memory, intituled, An Act declaring

11 & 12 W. 3. the Rights and Liberties of the Subject, and settling the Succession of the Crown; and one other Act made in England in the twelfth year of the reign of his said late Majesty King William the Third, intituled, An Act for the further Limitation of the Crown, and better securing the Rights and Liberties of the Subject ; and the Acts lately made in England and Scotland mutually for the union of the two kingdoms; or that the Kings or Queens of this realm, with and by the authority of Parliament, are not able to make Laws and Statutes of sufficient force and validity to limit and bind the crown, and the descent, limitation, inheritance, and government thereof; every such Person or Persons shall be guilty of High Treason, and Guilty of High being thereof lawfully convicted, shall be adjudged Traitors, and shall Treason. suffer pains of death, and all losses and forfeitures as in cases of High Treason.

II. And be it further enacted by the authority aforesaid, That if any Preachers,&c. Person or Persons shall maliciously and directly, by preaching, teaching, who shall deor advisedly speaking, declare, maintain, and affirm, that our Sovereign clare and afLady the Queen that now is, is not the lawful or rightful Queen of these firm the Queen realms, or that the pretended Prince of Wales, who now stiles himself not to be law. King of Great Britain, or King of England, by the name of James the ful Queen, &c. Third, or King of Scotland, by the name of James the Eighth, hath any right or title to the Crown of these realms, or that any other Person or Persons hath or have any right or title to the same, otherwise than according to an Act of Parliament made in England in the first year of the reign of their said late Majesties King William and Queen Mary, intituled, An

Act declaring the Rights and Liberties of the Subject, and settling the Succession of the Crown; and one other Act made in England, in the twelfth year of the reign of his late Majesty, King William the Third, intituled, An Act for the further Limitation of the Crown, and better securing the Rights and Liberties of the Subject; and the Acts lately made in England and Scotland mutually for the Union of the two Kingdoms; or that the Kings or Queens of this realm, with and by the authority of Parliament, are not able to make Laws and Statutes of sufficient force and validity to limit and bind the Crown, and the descent, limitation, inheritance, and government thereof; every such Person and Persons shall To incur the incur the danger and penalty of Præmunire mentioned in the Statute of

Penalty of 16

R. 2. c. 5. Præmunire made in England in the sixteenth year of the reign of King Richard the Second.

III. Provided always, and be it enacted by the authority aforesaid, That Prosecution no Person shall be prosecuted by virtue of this Act for any words spoken, within three unless the information of such words be given upon oath to one or more days. Justice or Justices of the Peace within three days after such words spoken, and the prosecution of such offence be within three months after such information; and that no Person shall be convicted by virtue of this Act for any such words spoken, but by the oaths of two credible witnesses.

IV. And be it further enacted by the Authority aforesaid, That this Parliament present Parliament, or any other Parliament which shall hereafter be sum- not to be dismoned and called by her Majesty Queen Anne, her heirs or successors, solved by shall not be determined or dissolved by the death or demise of her said Queen’sdeath; Majesty, her heirs or successors, but such Parliament shall, and is hereby enacted to continue, and is hereby impowered and required, if sitting at the time of such demise, immediately to proceed to act, notwithstanding such death or demise, for and during the term of six months, and no but continue longer, unless the same be sooner prorogued or dissolved by such person for six months to whom the Crown of this Realm of Great Britain shall come, remain after. and be, according to the Acts for limiting and settling the succession, and for the union above-mentioned; and if the said Parliament shall be pro

No. XXXIX. rogued, then it shall meet and sit on and upon the day unto which it shall 6 Anne,

be prorogued, and continue for the residue of the said time of six months, c. 7.

unless sooner prorogued or dissolved as aforesaid.

V. And be it further enacted by the Authority aforesaid, That if there

be a Parliament in being, at the time of the death of her Majesty, her Parliament to heirs, or successors, but the same happens to be separated by adjournment meetimmedi. ately after

or prorogation, such Parliament shall immediately after such demise meet, Death.

convene, and sit, and shall act, notwithstanding such death or demise, for
and during the time of six months, and no longer, unless the same shall be

sooner prorogued and dissolved as aforesaid.
In case there VI. And be it further enacted by the Authority aforesaid, That in case
be no Parlia. there is no Parliament in being, at the time of such demise that hath met
ment, then the and sat, then the last preceding Parliament shall immediately convene, and sit
last prered- at Westminster, and be a Parliament to continue as aforesaid, to all intents
ing to meet.

and purposes, as if the same Parliament had never been dissolved, but sub

ject to be prorogued and dissolved as aforesaid. Not to abridge VII. Provided always, and it is hereby declared, That nothing in this Power to pro- Act contained shall extend, or be construed to extend to alter or abridge rogue or dis

the power of the Queen, her heirs, or successors, to prorogue or dissolve
solve.
6 W. & M. c.2.

Parliaments, nor to repeal, or make void one Act of Parliament made in
England in the sixth year of the reign of their said late Majesties King
William and Queen Mary, intituled, An Act for the frequent Meeting and
Calling of Parliaments ; but that the said Aet shall continue in force in

every thing that is not contrary to, or inconsistent with the direction of To extend to this Act; and the said Act for the frequent meeting and calling of Parliathe Parliament ments is hereby declared and enacted to extend to the Parliament of of Great Bri- Great Britain, as fully and effectually, to all intents, constructions, and tain.

purposes, as if the same were herein and hereby particularly recited and

enacted,
Privy Council VIII. And be it further enacted by the Authority aforesaid, That the
not to be dis- Privy Council of her Majesty, her heirs or successors, for the kingdom of
solved by Great Britain, shall not be determined or dissolved by the death or demise
Queen’s death. of her Majesty, her heirs, or successors ; but such Privy Council shall

continue and act as such by the space of six months next after such de-
mise, unless sooner determined by the next successor, to whom the Im-

perial Crown of this Realm is limited and appointed to go, remain, and Nor the places descend; nor shall the office or place of Lord Chancellor or Lord Keeper of of the Great the Great Seal of Great Britain, or of Lord High Treasurer of Great Britain, Officers.

Lord President of the Council for Great Britain, Lord Privy Seal of Great

Britain, Lord High Admiral of Great Britain, or of any of the Great Officers
Nor any offices of the Queen or King's household for the time being; nor shall any office,
Civil or Mili- place, or employment, civil or military, within the Kingdoms of Great Britain
tary.

or Ireland, Dominion of Wales, Town of Berwick upon Tweed, Isles of Jersey,
Guernsey, Alderney, and Sarke, or any of her Majesty's plantations, be-
come void by reason of the demise or death of her present Majesty, her
heirs or successors, Queens or Kings of this Realm ; but the said Lord
Chancellor or Lord Keeper of the Great Seal of Great Britain, the Lord
High Treasurer of Great Britain, the Lord President of the Council, the
Lord Privy Seal, the Lord High Admiral of Great Britain, the Great
Officers of the household, and every other person and persons in any of

the offices, places, and employments aforesaid, shall continue in their But continue

respective offices, places, and employments, for the space of six months for six months.

next after such death or demise, unless sooner removed and discharged by

the next in succession as aforesaid.
Great Seal, IX. And be it further enacted by the Authority aforesaid, That the
&c. to be used. Great Seal of Great Britain, the Privy Seal, Privy Signet, and all other

Publick Seals in being, at the time of the demise of her Majesty, her
heirs, or successors, shall continue and be made use of as the respective
Seals of the successor, until such successor shall give order to the
contrary.

[X. On Queen's death, Privy Council to cause the next Protestant
successor to be proclaimed; on pain of High Treason.)

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c. 7.

(XI, In case successor be out of the Realm at Queen's death ; seven No. XXXIX. Lords' Justices appointed.]

6 Anne, (XII. The successor (by three instruments) may add seven others.]

(XIII. The three instruments to be transmitted into Great Britain, and severally sealed up and deposited, &c.]

(XIV. Persons opening any of the said instruments, &c. guilty of a præmunire.]

[XV. Any one of the instruments produced to the Privy Council, to be effectual.)

[XVI. Nomination of Lords Justices by successor, already made, to be as effectual as if appointed by this Act.]

[XVII. Lords Justices not to dissolve the Parliament without direction, nor alter 13 & 14 Car. 2. c. 4. or an Act made in Scotland.]

[XVIII. Lords Justices to take the Oaths, 1 W. and M. sess. 1. c. 8. By i Geo. 2. stat. 1. c. 5. and by 1 Geo. 2. stat. 2. c. 23. Repealed as to Officers qualifying themselves anew.]

(XIX. And be deemed Officers of trust.]

[XX. After Queen's death, 1 Anne, stat. 1. c. 22. following Oath to be taken. The Oath.]

[XXI. How blanks in the Oath shall be filled up.]

{XXII. The successor may use any Seal before her or his arrival in Great Britain.)

[XXIII. Parliament called by Lords Justices not to be dissolved by arrival of successor.]

[XXIV. Proviso in case any of the seven Great Offices be in commission at Queen's death.]

XXV. And be it further enacted, by the Authority aforesaid, That no Persons in person, who shall have in his own name, or in the name of any person Office, &c. or persons in trust for him, or for his benefit, any new office or place of made incapaprofit whatsoever under the Crown, which at any time since the five and ble of being twentieth day of October, in the year of our Lord one thousand seven

elected Mem

bers of the hundred and five, have been created or erected, or hereafter shall be cre

House of Comated or erected, nor any person who shall be a 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 stat. 2. c. 56.

By 1 Geo. 1. Commissioner of the Sick and Wounded, nor any Agent for any Regiment, No Pensioner nor any Commissioner for any Wine Licences, nor any Governor or Deputy- for Year's shall Governor of any of the Plantations, nor any Cominissioners of the Navy sit in the employed in any of the Out-Ports, nor any person having any Pension from House, &c. 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.

XXVI. Provided always, That if any person being chosen a Member of Accepting the House of Commons, shall accept of any office or profit from the Office of ProCrown, during such time as he shall continue a Member, his Election fit while a shall be, and is hereby declared to be void, and a new Writ shall issue for Member, elec

tion void. 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.

XXVII. Provided also, and be it enacted, That in order to prevent for No Office to the future too great a number of Commissioners to be appointed or con

be executed by stituted for the executing of any Office, that no greater number of Com

too many Com

missioners. missioners shall be made or constituted for the execution of than have been employed in the execution of such respective Office at some time before the first day of this present Parliament.

XXVIII. Provided also, That nothing herein contained shall extend, or Not to extend be construed to extend to any Member of the House of Commons, being to Officers in an Officer in her Majesty's Navy or Army, who shall receive any new or the Navy or other Commission in the Navy or Army respectively.

Army. XXIX. And be it further enacted, That if any person hereby disabled, or Persons disadeclared to be incapable to sit or vote in any Parliament hereafter to be bled, ifreturnholden, shall nevertheless be returned as a Member to serve for any County, ed as MemStewartry, City, Town, or Cinque Port, in any such Parliament, such bers, such Election and Return are hereby enacted and declared to be void to all VOL. V.

H

mons.

any Office

No. XXXIX. intents and purposes whatsoever; and if any person disabled, or declared 6 Anne,

incapable by this Act to be elected, shall after the dissolution or determic. 7.

nation of this present Parliament presume to sit or vote as a Member of the House of Commons in any Parliament to be hereafter summoned, such

person so sitting or voting shall forfeit the sum of five hundred pounds, Election and

to be recovered by such person as shall sue for the same in England, by Return void.

Action of Debt, Bill, Plaint, or Information, wherein no Essoign, ProPenalty on tection, or Wager of Law shall be allowed, and only one Imparlance. sitting

(XXX. XXXI. No Commissioner for the equivalent disabled from being. elected.

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V. [ No. XL. ] 7 Anne, c. 21.–An Act for improving the

Union of the two Kingdoms. No. XL. WHEREAS nothing can more conduce to the improving the Union of

the two Kingdoms, which by her Majesty's great wisdom and good7 Anne,

ness hath been happily effected, than that the Laws of both parts of c. 21.

Great Britain should agree, as near as may be, especially those Laws which relate to High Treason, and the proceedings thereupon, as to the nature of the crime, the method of prosecution and trial, and also the 'forfeitures and punishments of that Offence; which are of the greatest

concern both to the Crown and the Subjects:' To the end therefore that After 1 July

the said Union may be more effectually improved, Be it enacted by the 1709. High Queen's most Excellent Majesty, by and with the advice and consent of the Treason and Lords Spiritual and Temporal, and Commons, in this present Parliament Misprision in assembled, and by the Authority of the same, That from and after the England shall first day of July in the year of our Lord one thousand seven hundred and be so in Scot- nine, such crimes and offences which are High Treason or Misprision of land, and no

High Treason within England, shall be construed, adjudged, and taken to other.

be High Treason or Misprision of High Treason within Scottand; and that And the

from thenceforth no crimes or offences shall be High Treason or Misprision of Quern, &c.

High Treason within Scotland but those that are High Treason or Misprision may grant Commissions

of High Treason in England ; and that from and after the said first day of of Oyer and

July in the said year of our Lord one thousand seven hundred and nine, the Terminer in

Queen's Majesty, her heirs and successors, may issue out Commissions of Scotland, un

Oyer and Terminer in Scotland, under the Seal of Great Britain, to such der the Seal of persons as her Majesty, her heirs and successors, shall think fit, and that three Great Britain, of the Lords of the Justiciary be in the said Commission of Oyer and Terto hear and miner, whereof one to be of the Quorum, to enquire of, hear and determine determinesuch such High Treasons and Misprision of High Treason, in such manner as is Treasons, &c. used in England. A Justice Ge- II. Provided always, and be it enacted by the Authority aforesaid, That neral who had where any Commission of Oyer and Terminer shall issue pursuant to this Jurisdiction

Act, and is to be executed within any District where there is a Justice before this

General, or person having Right of Justiciary, who had Jurisdiction in Act, to be in

cases of High Treason and Misprision of High Treason at the time of the Commission and one

the making of this Act, from and after the time that such Right be made of the Quorum. appear before the Lords of Session, and by them certified to the Lord

Chancellor of Great Britain, such Justice General, or such person having
Right of Justiciary, or their respective Deputy, shall be in the said Com-

mission, and one of the Quorum. The Justice III. And be it further enacted by the Authority aforesaid, That from Court, &c. and after the said first day of July one thousand seven hundred and nine, shall try Treathe Justice Court and other Courts having power to judge in Cases of sons in Scot

High Treason and Misprision of High Treason in Scotland, shall have full land by a Jury. Power and Authority, and are hereby required, to enquire by the Oaths

of twelve or more good and lawful men of the County, Shire or Stewartry where the respective Courts shall sit, of all High Treasons, and Misprisions of High Treason comınitted within the said Counties, Shires, or Stewartries, and thereupon to proceed, hear and determine the said Offences whereof any person shall be indicted before them, in such manner as the

Court of Queen's Bench, or Justices of Oyer and Terminer in England Indictments of may do by the Laws of England : And if any person be indicted of High Treason, &c. Treason or Misprision of High Treason before any Justices of Oyer and Terminer, or in the Circuit Courts, or other Courts having power to No. XL. judge in cases of High Treason or Misprision of High Treason in Scotland,

7 Anne, then upon the request of the Queen's Advocate General to the Lord High Chancellor or Lord Keeper of the Great Seal of Great Britain for the time

c. 21. being, the Lord Chancellor or Lord Keeper shall award her Majesty's Writ of Certiorari under the said Great Seal, directed to the Justices of before JusOyer and Terminer, or the Justices of the Circuit Courts, and such other tices of Oyer, Courts

, thereby commanding them, or any of them to certify such indict- c. may be rement into the Justice Court; which Court shall have full Power and Au- moved by Certhority, and is hereby required, to proceed upon, hear, and determine the Justice Court, same, as the Court of Queen's Bench in England may do upon Indictments and there tried removed or certified into the said Court; and that from and after the said as in England. first day of July in the said year of our Lord one thousand seven hundred

Persons atand nine, all persons convicted or attainted of High Treason, or Misprision

tainted of of High Treason in Scotland, shall be subject and liable to the same cor

Treason in ruption of blood, pains, penalties, and forfeitures, as persons

convicted Scotland, to or attainted of High Treason or Misprision of High Treason in England. be liable to the

V. And be it further enacted by the Authority aforesaid, That all same PenalTreasons and Misprisions of Treasons, which from and after the said first ties as in Engday of July shall be done and committed by any native of Scotland upon land. the High Sea, or in any place out of this Realm of Great Britain, shall be Treasons com. enquired of, heard and determined before the said Justice Court, or be- mitted by fore such Commissioners of Oyer and Terminer, and in such Shire, Stew- Scotsmen upon artry, or County of Great Britain, as shall be assigned by the Queen's the High Sea, Commission, and by good and lawful men of the same Shire, in like man- or out of Great ner, to all intents and purposes, as if such Treasons or Misprisions of Britain, shall Treasons had been done or committed in the same Shire where they shall be determined be enquired of, heard and determined, as aforesaid: And that from and by the Justice after the said first day of July in the said year of our Lord one thousand Court, or be

fore Commis. seven hundred and nine, no person accused of any Capital Offence or

sioners, &c. other Crime in Scotland, shall suffer, or be subject or liable to any torture: Provided that this Act shall not extend to take away that Judgment which is given in England against persons indicted of Felony, who shall refuse to plead, or decline Trial.

VI. Provided also, and be it further enacted by the Authority afore- Qualifications said, That every person may be summoned and returned to be a Juryman of a Juryman in any such Trials, as aforesaid, who shall at the time of such Trial have in Scotland, and be seised of in his own right, or in the right of his Wife, of Lands or Tenements, of an Estate of Inheritance, or for his or her Life, or the Life of some other person, within the County, Stewartry, or Place where any such Trial shall be, or from whence the Jury is to come, of the yearly value of forty shillings sterling at least; and for want thereof, or for any other lawful cause, shall be subject to be challenged and set aside.

VII. And whereas the crimes after mentioned are by several Acts of No Offences to • Parliament in Scotland declared to be Treason, and the committers be Treason in • thereof are appointed to be punished with the same Pains and For- Scotland, but • feitures as committers of Treason, and that after the first day of July what are so by

aforesaid, the aforesaid Act of Parliament in Scotland will have no Force the Laws in nor Effect, seeing no Facts nor Offences are to be deemed Treason England. within Scotland after that time, but such as are so by the Acts and Sta

tutes-now in Force in England ;' Be it therefore by the Authority aforesaid further enacted, That Theft in Landed Men, Murder under Trust,' wilful Fire-raising, firing Coalheughs, and Assassination, which were declared to be Treason by particular Statutes in Scotland, shall after the aforesaid time be only adjudged and deemed to be Capital Offences, and the committers thereof shall only be liable to such pains and punishments as by the Law of Scotland are to be inflicted upon the committers of Capital Crimes and Offences, and the persons committers thereof are to be punished and tried in the same manner as by the Laws of Scotland is

provided in the cases of other Capital Crimes; any thing in this Act to the contrary notwithstanding.

Slaying any VIII. And be it also enacted by the Authority aforesaid, That if any Lord of Sesperson shall, from and after the said first day of July, slay any of the Lords sion, &c. High H2

Treason.

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