Page images
PDF
EPUB

< faid articles and act fhall be no ways binding on this kingdom, until the faid articles and act be ratified, approved, and con'firmed by her Majefty, with and by the authority of the parliament of England, as they are now agreed to, approved and 'confirmed by her Majefty, with and by the authority of the Parliament of 'parliament of Scotland; declaring nevertheless, that the par- England may liament of England may provide for the fecurity of the church provide for lecurity of of England as they think expedient, to take place within the church of 'bounds of the faid kingdom of England, and not derogating England, &c. from the fecurity above provided for establishing of the church ' of Scotland within the bounds of this kingdom; as alfo the 'faid parliament of England may extend the additions and other 'provifions contained in the articles of union, as above infert, ' in favours of the fubjects of Scotland, to and in favours of the 'fubjects of England; which fhall not fufpend or derogate from 'the force and effect of this prefent ratification, but shall be understood as herein included, without the neceffity of any 'new ratification in the parliament of Scotland.'

VI. And lastly, her Majefty enacts and declares, That all All laws, &c. laws and statutes in this kingdom, fo far as they are contrary inconfiftent 'to, or inconfiftent with, the terms of these articles, as above- with articles mentioned, fhall from and after the union ceafe and become of union, to ♦ void.'

cease.

VII. And whereas an act hath paffed in this present feffion 5 Annæ, c. 5.
of parliament, intituled, An act for fecuring the church of Eng-
land as by law established; the tenor whereof follows:

WHE
HEREAS by an act made in the feffion of parliament Act for fecur-
held in the third and fourth year of her Majefty's ing the church
reign, whereby her Majefty was impowered to appoint com- of England,
recited.
miffioners, under the great feal of England, to treat with com-
miffioners to be authorized by the parliament of Scotland,
concerning an union of the kingdoms of England and Scotland,
it is provided and enacted, That the commiffioners to be
named in pursuance of the faid act should not treat of or con-
cerning any alteration of the liturgy, rites, ceremonies, dif-
cipline, or government of the church as by law eftablished
within this realm: and whereas certain commiffioners ap-
pointed by her Majesty in pursuance of the faid act, and also
other commiffioners nominated by her Majefty by the autho-
rity of the parliament of Scotland, have met and agreed upon
treaty of union of the faid kingdoms; which treaty is now
under the confideration of this prefent parliament: and where-
as the faid treaty (with fome alterations therein made) is rati-
fied and approved by act of parliament in Scotland; and the
'faid act of ratification is, by her Majesty's royal command,
laid before the parliament of this kingdom: and whereas it
is reasonable and neceffary, that the true proteftant religion
profeffed and established by law in the church of England, and
the doctrine, worship, difcipline, and government thereof,
'fhould be effectually and unalterably fecured; be it enacted by

P3

• the

214

i3 Eliz. C. Iz.

[ocr errors]

the Queen's most excellent majefty, by and with the advice and confent of the lords fpiritual and temporal, and the commons, in this prefent parliament affembled, and by authority of the fame, That an act made in the thirteenth year ' of the reign of Queen Elizabeth, of famous memory, intituled, An act for the minifters of the church to be of found religion; and allo another act made in the thirteenth year of the reign of 13 & 14 Car. 2. the late King Charles the Second, intituled, An act for the uni"formity of the publick prayers and adminiftration of facraments, and other rites and ceremonies, and for establishing the form of making, ordaining, and confecrating bishops, priests, and deacons in the church of England (other than fuch claufes in the faid acts, or either of them, as have been repealed or altered by any ⚫ subsequent act or acts of parliament) and all and fingular other acts of parliament now in force for the establishment and pre• fervation of the church of England, and the doctrine, worship, difcipline, and government thereof, fhall remain and be in 'full force for ever.'

Queen's fuccellors to take an oath, to maintain the church of England.

Act to be an

effential part of any treaty,

&c.

Articles of
union, and
the act for
establishing
prefbyterian
church go-

VIII. And be it further enacted by the authority aforefaid, That after the demife of her Majefty (whom God long pre'ferve) the fovereign next fucceeding to her Majefty in the royal government of the kingdom of Great Britain, and fo for ever hereafter, every King or Queen fucceeding and coming to the royal government of the kingdom of Great Britain, at his or her coronation, fhall in the presence of all perfons who fhall be attending, affifting, or otherwife then and there prefent, take and fubfcribe an oath to maintain and preferve inviolably the faid fettlement of the church of England, and the doctrine, worship, difcipline, and government thereof, as by law established within the kingdoms of England and Ireland, the dominion of Wales, and town of Berwick upon Tweed, and the territories thereunto belonging.'

IX. And be it further enacted by the authority aforesaid, That this act, and, all and every the matters and things therein contained, be, and fhall for ever be holden and adjudged to be a fundamental and effential part of any treaty of union to be concluded between the faid two kingdoms; and also that this act fhall be inferted in exprefs terms in any act of parliament which shall be made for settling and ratifying any fuch treaty of union, and (hall be therein declared to be an effential and fundamental part thereof,'

X. May it therefore please your most excellent Majefty, that it may be enacted; and be it enacted by the Queen's most excellent majefty, by and with the advice and consent of the lords fpiritual and temporal, and commons, in this prefent parliament affembled, and by the authority of the fame, That all vernment, &c. and every the faid articles of union as ratified and approved by the faid act of parliament of Scotland, as aforesaid, and herein before particularly mentioned and inferted; and alfo the faid act of parliament of Scotland for establishing the protestant reli

ratified and
confirmed.

gion

Acts for fet

declared effen

gion and prefbyterian church government within that kingdom, intituled, An act for fecuring the proteftant religion, and prefbyterian church government, and every claufe, matter, and thing in the. faid articles and act contained, fhall be, and the faid articles and act are hereby for ever ratified, approved, and confirmed. XI. And it is hereby further enacted by the authority afore- 5 Annæ, c. 5. faid, That the faid act paffed in this prefent feffion of parlia- tling the ment, intituled, An act for fecuring the church of England, as by church golaw established, and all and every the matters and things therein vernments in contained, and alfo the faid act of parliament of Scotland, in- England and tituled, An act for fecuring the proteftant religion, and prefbyterian Scotland, &c. church government, with the establishment in the faid act con- tial parts of tained, be and fhall for ever be held and adjudged to be, and the union. obferved as fundamental and effential conditions of the faid. union; and shall in all times coming be taken to be, and are hereby declared to be effential and fundamental parts of the faid articles and union; and the faid articles of union fo as aforefaid ratified, approved and confirmed by act of parliament of Scotland, and by this prefent act, and the faid act paffed in this prefent feffion of parliament, intituled, An act for fecuring 5 Annæ, c. 5. the church of England as by law established, and alfo the said act paffed in the parliament of Scotland, intituled, An act for fecuring the proteftant religion, and prefbyterian church government, are hereby enacted and ordained to be and continue in all times. coming the compleat and entire union of the two kingdoms of England and Scotland,

XII. And whereas fince the paffing the faid act in the parliament Act fettling of Scotland, for ratifying the faid articles of union, one other act, the manner of intituled, An act fettling the manner of electing the fixteen electing the peers, and forty five members, to reprefent Scotland in the par- reprefentaliament of Great Britain, hath likewife paffed in the faid parliament of Scotland at Edinburgh, the fifth day of February, one thousand feven hundred and feven, the tenor whereof follows :

OUR

tives of Scot

UR fovereign Lady confidering, That by the twenty fe- Tenor of the cond article of the treaty of union, as the fame is rati- act. 'fied by an act paffed in this feffion of parliament, upon the 'fixteenth of January laft, it is provided, That by virtue of the 'faid treaty, of the peers of Scotland, at the time of the union, 'fixteen fhall be of the number to fit and vote in the house of lords, and forty five the number of the reprefentatives of Scotland in the house of commons of the parliament of Great * Britain; and that the faid fixteen peers, and forty five mem'bers in the house of commons, be named and chosen in such * manner as by a fubfequent act in this prefent feffion of parlia'ment in Scotland, fhould be fettled; which act is thereby declared to be as valid, as if it were a part of, and ingroffed in the faid treaty; therefore her Majefty, with the advice and 'confent of the eftates of parliament, ftatutes, enacts, and ordains, That the faid fixteen peers, who fhall have right to How the fix'fit in the house of peers in the parliament of Great Britain, teen peers fha

P 4

6 be elected.

on

And alfo the forty five re

[ocr errors]
[ocr errors]

"on the part of Scotland, by virtue of this treaty, Thall be named 'by the faid peers of Scotland, whom they reprefent, their heirs For fucceffors to their dignities and honours, out of their own 'number, and that by open election and plurality of voices of 'the peers prefent, and of the proxies for fuch as fhall be abfent, the faid proxies being peers, and producing a mandate ' in writing duly figned before witneffes, and both the conftituent and proxy being qualified according to law; declaring alfo, That fuch peers as are abfent, being qualified as aforefaid, may fend to all fuch meetings lifts of the peers whom they judge fitteft, validly figned by the faid abfent peers, which 'fhall be reckoned in the fame manner as if the parties had 'been present, and given in the faid lift and in cafe of the 'death, or legal incapacity of any of the said fixteen peers, that' "the aforefaid peers of Scotland thall nominate another of their own number, in place of the faid peer or peers, in manner before and after mentioned: and that of the faid forty five repre'fentatives of Scotland in the house of commons in the parliaprefentatives,ment of Great Britain, thirty fhall be chofen by the fhires or fteuartries, and fifteen by the royal burrows, as follows, viz. ⚫ one for every fhire and fteuartry, excepting the fhires of Bute and Cathness, which fhall choose one by turns, Bute having the first election; the fhires of Nairn and Cromarty, which fhall also choose by turns, Nairn having the first election; and " in like manner the thires of Clackmanan and Kinross fhall choose by turns, Clackmanan having the first election; and in cafe of the death or legal incapacity of any of the faid members from the refpective fhires or fteuartries above-mentioned, to fit in the house of commons, it is enacted and ordained, That 'the thire or steuartry, who elected the faid member, fhall elect another member in his place; and that the faid fifteen reprefentatives for the royal burrows be chofen as follows, viz. That the town of Edinburgh fhall have right to elect and fend ⚫ one member to the parliament of Great Britain; and that each of the other burghs fhall elect a commiffioner in the fame manner as they are now in ufe to elect commiffioners to the 'parliament of Scotland, which commiffioners and burghs (Edinburgh excepted) being divided in fourteen claffes or diftricts, fhall meet at fuch time and burghs within their respective diftricts, as her Majefty, her heirs or fucceffors fhall appoint, and elect one for each district, viz. The burghs of Kirkwall, • Week, Dornock, Dingwall, and Taine, one; the burghs of Fortrofe, Inverness, Nairn, and Forres, one; the burghs of Elgin, Cullen, Banff, Inverury, and Kintore, one; the burghs of Aberdeen, Inverbervy, Montrofe, Aberbrothock, and Brochine, one; the burghs of Forfar, Perth, Dundee, Coupar, and St. Andrews, one; the burghs of Craill, Kilrennie, Anftrutber Eafter, Anftruther Wefter, and Pittenweem, one; the burghs of Dyfart, Kirkaldie, Kingbern, and Bruntifland, one; the 'burghs of Innerkithen, Dumfermline, Queensferry, Culross, and Sterling, one; the burghs of Glasgow, Renfrew, Ruglen, and

[ocr errors]
[ocr errors]
[ocr errors]

Dum

• Dumbartan, one; the burghs of Haddington, Dunbarr, North • Berwick, Lauder, and Jedburgh, one; the burghs of Selkirk, Peebles, Linlithgow, and Lanerk, one; the burghs of Dumfries, Sanquhar, Annan, Lockmaten, and Kirkcudbright, one; the burghs of Wigtoun, New Galloway, Stranraver, and Whitebern, one; and the burghs of Air, Irvin, Rothefay, Cambletoun, and Inverary, one: and it is hereby declared and ordained,, "That where the votes of the commiffioners for the faid burghs,, met to choose representatives from their several diftricts to the parliament of Great Britain, fhall be equal, in that case the prefident of the meeting shall have a cafting or decifive vote, and that by and according to his vote as a commiffioner from the burgh from which he is fent; the commiffioner from the "eldest burgh prefiding in the first meeting, and the commiffioners from the other burghs in their refpective districts prefiding afterwards by turns, in the order as the faid burghs are, now called in the rolls of the parliament of Scotland; and that, in cafe any of the faid fifteen commiffioners from burghs fhall decease or become legally incapable to fit in the house of commons, then the town of Edinburgh, or the diftrict which chofe the faid member, fhall elect a member in his or their place: it is always hereby exprefly provided and declared, That none 'fhall be capable to elect or be elected for any of the faid eftates,. but fuch as are twenty one years of age compleat, and proteftant, excluding all papifts, or fuch who being suspect of popery, and required, refufe to fwear and fubfcribe the Formula contained in the third act made in the eighth and ninth feffions of King William's parliament, intituled, An act for, preventing the growth of popery; and alfo declaring, that none, fhall be capable to elect, or be elected, to represent a fhire or, burgh in the parliament of Great Britain, for this part of the united kingdom, except fuch as are now capable by the laws of this kingdom, to elect, or be elected as commiflioners for, fhires or burghs to the parliament of Scotland: and further,, her Majefty, with advice and confent aforefaid, for the effec-, tual and orderly election of the perfons to be chofen to fit, vote, and ferve in the refpective houfes of the parliament of Great Britain, when her Majefty, her heirs and fucceffors, fhall declare her or their pleasure for holding the firft or any. fubfequent parliament of Great Britain, and when for that ef fect a writ fhall be iffued out under the great feal of the united * kingdom, directed to the privy council of Scotland, conform to the faid twenty fecond article, ftatutes, enacts, and ordains,. That until the parliament of Great Britain thall make further, provifion therein, the said writ fhall contain a warrant and command to the faid privy council, to iffue out a proclamation in her Majefty's name, requiring the peers of Scotland, for the time, to meet and affemble at fuch time and place within Scotland, as her Majefty and royal fucceffors shall think fit, to make election of the faid fixteen peers, and requiring the ⚫ lord clerk regifter, or two of the clerks of feffion, to attend all 'fuch

« PreviousContinue »