No. XXXIX. 6 Anne, c. 7. 1 W. & M. st. 2. c. 2. c. 2. who now stiles himself the King of Great Britain, or King of England, by the name of James the 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 late Majesties King William and Queen 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 there of; 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 lawKing 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 incur the danger and penalty of Præmunire mentioned in the Statute of Penalty of 16 Præmunire made in England in the sixteenth year of the reign of King Richard the Second. To incur the R. 2. c. 5. Parliament 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 present Parliament, or any other Parliament which shall hereafter be summoned and called by her Majesty Queen Anne, her heirs or successors, shall not be determined or dissolved by the death or demise of her said 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 not to be dissolved by Queen's death; 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 be prorogued, and continue for the residue of the said time of six months, unless sooner prorogued or dissolved as aforesaid. 6 Anne, c. 7. Parliament to meet immediately after Death. In case there be no Parliament, then the last preceding to meet. Not to abridge Power to prorogue or dissolve. 6 W. & M. c. 2. To extend to the Parliament of Great Britain. Privy Council not to be dissolved by Queen's death. Officers. 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 heirs, or successors, but the same happens to be separated by adjournment or prorogation, such Parliament shall immediately after such demise meet, 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. VI. And be it further enacted by the Authority aforesaid, That in case there is no Parliament in being, at the time of such demise that hath met and sat, then the last preceding Parliament shall immediately convene, and sit at Westminster, and be a Parliament to continue as aforesaid, to all intents and purposes, as if the same Parliament had never been dissolved, but subject to be prorogued and dissolved as aforesaid. VII. Provided always, and it is hereby declared, That nothing in this Act contained shall extend, or be construed to extend to alter or abridge the power of the Queen, her heirs, or successors, to prorogue or dissolve 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 Act shall continue in force in every thing that is not contrary to, or inconsistent with the direction of this Act; and the said Act for the frequent meeting and calling of Parliaments is hereby declared and enacted to extend to the Parliament of Great Britain, as fully and effectually, to all intents, constructions, and purposes, as if the same were herein and hereby particularly recited and enacted. VIII. And be it further enacted by the Authority aforesaid, That the Privy Council of her Majesty, her heirs or successors, for the kingdom of Great Britain, shall not be determined or dissolved by the death or demise 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 demise, unless sooner determined by the next successor, to whom the Imperial 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, 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 of the Queen or King's household for the time being; nor shall any office, place, or employment, civil or military, within the Kingdoms of Great Britain or Ireland, Dominion of Wales, Town of Berwick upon Tweed, Isles of Jersey, Guernsey, Alderney, and Sarke, or any of her Majesty's plantations, become 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 respective offices, places, and employments, for the space of six months next after such death or demise, unless sooner removed and discharged by the next in succession as aforesaid. Nor any offices Civil or Military. But continue IX. And be it further enacted by the Authority aforesaid, That the Great Seal of Great Britain, the Privy Seal, Priyy 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.] [XI. In case successor be out of the Realm at Queen's death; seven No. XXXIX. Lords Justices appointed.] [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 1 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.] 6 Anne, c. 7. Persons in Office, &c. made incapable of being elected Members of the House of Com mons. XXV. 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 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 Years shall Governor of any of the Plantations, nor any Commissioners 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, eleca 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 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. tion void. No Office to be executed by too many Com missioners. Not to extend to Officers in the Navy or Army. Persons disa XXVIII. 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 Navy or Army respectively. XXIX. 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 bled, if returnholden, 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 6 Anne, c. 7. No. XXXIX. 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 be 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 Essoign, Protection, or Wager of Law shall be allowed, and only one Imparlance. [XXX. XXXI. No Commissioner for the equivalent disabled from being. elected.] Election and V. No. XL. 7 Anne, c. 21. After 1 July [No. XL. ] 7 Anne, c. 21.-An Act for improving the Union of the two Kingdoms. WHEREAS nothing can more conduce to the improving the Union of the two Kingdoms, which by her Majesty's great wisdom and goodness hath been happily effected, than that the Laws of both parts of 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 the said Union may be more effectually improved, Be it enacted by the Queen's '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 first day of July in the year of our Lord one thousand seven hundred and nine, such crimes and offences which are High Treason or Misprision of High Treason within England, shall be construed, adjudged, and taken to be High Treason or Misprision of High Treason within Scotland; and that from thenceforth no crimes or offences shall be High Treason or Misprision of High Treason within Scotland but those that are High Treason or Misprision of High Treason in England; and that from and after the said first day of July in the said year of our Lord one thousand seven hundred and nine, the Queen's Majesty, her heirs and successors, may issue out Commissions of Oyer and Terminer in Scotland, under the Seal of Great Britain, to such 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 Terminer, 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 General who had Jurisdiction before this Act, to be in the Commission and one be so in Scot- to hear and II. Provided always, and be it enacted by the Authority aforesaid, That where any Commission of Oyer and Terminer shall issue pursuant to this Act, and is to be executed within any District where there is a Justice General, or person having Right of Justiciary, who had Jurisdiction in cases of High Treason and Misprision of High Treason at the time of 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 Commission, and one of the Quorum. The Justice Court, &c. shall try Treasons in Scot land by a Jury. III. And be it further enacted by the Authority aforesaid, That from and after the said first day of July one thousand seven hundred and nine, the Justice Court and other Courts having power to judge in Cases of High Treason and Misprision of High Treason in Scotland, shall have full 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 committed 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 No. XL. 7 Anne, c. 21. before Justices of Oyer, &c. may be removed by Certiorari into the Justice Court, and there tried as in England. Persons at tainted of Terminer, or in the Circuit Courts, or other Courts having power to judge in cases of High Treason or Misprision of High Treason in Scotland, 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 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 Oyer and Terminer, or the Justices of the Circuit Courts, and such other Courts, thereby commanding them, or any of them to certify such indictment into the Justice Court; which Court shall have full Power and Authority, and is hereby required, to proceed upon, hear, and determine the same, as the Court of Queen's Bench in England may do upon Indictments removed or certified into the said Court; and that from and after the said first day of July in the said year of our Lord one thousand seven hundred and nine, all persons convicted or attainted of High Treason, or Misprision of High Treason in Scotland, shall be subject and liable to the same corruption of blood, pains, penalties, and forfeitures, as persons convicted or attainted of High Treason or Misprision of High Treason in England. V. And be it further enacted by the Authority aforesaid, That all Treasons and Misprisions of Treasons, which from and after the said first day 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 comenquired 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 beseven hundred and nine, no person accused of any Capital Offence or 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. ties as in Eng fore Commissioners, &c. 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 Statutes 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 de clared 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. VIII. And be it also enacted by the Authority aforesaid, That if any person shall, from and after the said first day of July, slay any of the Lords H 2 Slaying any Lord of Session, &c. High Treason. |