fhall be forthwith opened and read, and afterwards inrolled in the high court of Chancery. faid inftru ments, &c. . XIV. And be it further enacted by the authority aforesaid, Perfons openThat if any of the faid perfons with whom the faid inftruments ing any of the fhall be depofited, as aforefaid, or any of their executors or adminiftrators, or any other perfon in whose cuftody the fame fhall guilty of a happen to be after the deceases of any of the said perfons, shall pramunire. open any of the faid inftruments, or fhall wilfully neglect or refufe to produce before the said privy council, as aforesaid, fuch of the faid inftruments as shall be in his or their cuftody as aforefaid, every such person so opening, neglecting or refufing, shall incur the pains and penalties of a pramunire inflicted by the faid 16 R. 2. c. 5. ftatute of pramunire. ments pro XV. And be it further enacted by the authority aforefaid, Any one of That if all the faid inftruments depofited as aforefaid, fhall not the inftrube produced before the faid privy council as aforefaid, then any duced to the one or more of the faid inftruments fo produced as aforefaid, privy council, thall be as effectual to give fuch authority as aforefaid, to the to be effectual. perfons therein named, as if all of them had been produced as aforefaid: and if there be not any nomination by such inftruments, then the faid feven officers, or any five of them, are conftituted and appointed to be lords juftices of Great Britain, and are hereby invested with the powers and authorities mentioned in this act. XVI. And be it further enacted by the authority aforefaid, Nomination of lords juftices That any nomination and appointment already made by the by fucceffor, next fucceffor, fignified by fuch inftruments depofited as afore- already made, faid, pursuant to the faid former act for the better fecurity of her to be as effecMajefty's person and government, and of the fucceffion to the tual as if appointed by crown of England in the proteftant line, fhall be deemed and taken to be as effectual for conftituting and appointing the perfons so nominated lords justices of England to be lords juftices of Great Britain, to all intents, conftructions and purposes, as if fuch nomination and appointment were made pursuant to this act. this act. ment without XVII. And be it further enacted, That the faid lords juftices Lord juftices conftituted as aforefaid, fhall not diffolve the parliament conti- not to diffolve nued and ordered to assemble and fit as aforefaid, without exthe parliaprefs direction from fuch fucceeding Queen or King; and that direction, nor the faid lords juftices shall be, and are hereby restrained and dif- alter. abled from giving the royal affent in parliament to any bill or bills for the repealing or altering the act made in England in the thirteenth and fourteenth years of the reign of King Charles the 13 & 14 Car. Second, intituled, An act for the uniformity of publick prayers, and adminiftration of facraments, and other rites and ceremonies; and for eftablishing the form for making, ordaining, and confecrating bishops, priefts, and deacons in the church of England; or the act made in Scotland in the laft feflion of parliament there, intituled, Act for Or an act ·Securing the proteftant religion, and prefbyterian church government; made in Scotand all and every the faid lords justices concurring in giving the royal affent to any bill or bills for repealing or altering the faid acts, 2. C. 4. land. Lords juftices to take the oaths, 1 W. & M. feff. 1. c. 8.. By 1 Geo. 2. ftat. 1. c. 5. and by 1 Geo. 2. fat. 2. c. 23. Repealed as to officers qualify. ing themselves anew. acts, or either of them, thall be guilty of high treason, and fuffer and forfeit as in cafes of high treason. XVIII. And be it further enacted by the authority aforefaid, That the faid lords juftices before they act or intermeddle in their faid offices, or any of the authorities hereby to them given, thall take the oaths mentioned in an act made in England in the first year of the reign of their late majesties King William and Queen Mary, intituled, An act for abrogating the aaths of allegiance and Jupremacy, and appointing other oaths; and also the oath herein after expreffed and enacted to be taken after the demife of her Majefty without iffue of her body; which faid oaths fhall be taken before the privy council appointed to continue by virtue of this act, who are hereby required and impowered to admi nifter the fame; and that all the members of both houses of parliament, and every member of the privy council, and all officers or perfons in any offices, places, or employments civil or military, who are or fhall be by this act continued as afore, said, shall take the said oaths, and do all other acts requifite by the laws and statutes of this realm, to qualify themselves to be and continue in fuch their respective places, offices and employments, within fuch time, and in fuch manner, and under fuch pains, penalties, and disabilities, as they should or ought to do, had they been newly elected, appointed, constituted, or put into fuch offices, places, or employments in the ufual and ordinary way. XIX. And it is hereby further enacted and declared, That And be deem, all and every the persons that thall be any of the lords justices ed officers of by virtue of this act, fhall be deemed and taken as persons exetruft. cuting offices of truft within England, and shall be required to do all acts requifite by the laws and ftatutes of England, to qualify themselves to be and continue in their faid offices or places of truft, within fuch times, and in fuch manner, and under fuch pains, penalties, and disabilities as in and by the said act are required, XX. And be it further enacted by the authority aforefaid, After Queen's That from and after the demife of her Majesty without iffue of death, Ann. ftat. 1. c. 22. her body, instead of the oath appointed to be taken by the act, intituled, An act for the further fecurity of her Majefty's perfon, and the fucceffion of the crown in the proteftant line, and for extin guishing the hopes of the pretended prince of Wales, and all other pretenders, and their open and fecret abettors, and for declaring the affeciation to be determined, the following oath fhall be taken by all perfons required by the faid act to take the faid oath therein mentioned, and hereby altered and changed (that is to say) following oath to be taken The oath. I A. B. de truly and fincerely acknowledge, profefs, teftify, and of this realm, and of all other to to be prince of Wales during the life of the late King James, and fince his deceafe pretending to be, and taking upon himself the file and title of King of England, by the name of James the Third, hath not any right or title whatsoever to the crown of this realm, or any ether the dominions thereto belonging: and I do renounce, refufe, and abjure any allegiance or obedience to him. And I do fwear, That I will bear faith and true allegiance to and C. 2. will defend to the utmost of my power, against all traiterous confpiracies and attempts whatsoever which shall be made against perfon, crown, or dignity. And I will do my utmost endeavour to difclofe and make known to Majefty and fucceffors all treafons and traiterous confpiracies which I fhall know to be against or any of them. And I do faithfully promife, to the utmost of my power, to fupport, maintain, and defend the fucceffion of the crown against him the faid James, and all other perfons what foever, as the fame by an act, intituled, An act for the further li- 1 & 12 W. 3. mitation of the crown, and better fecuring the rights and liberties of the fubject, is and ftands limited to the princess Sophia, electrefs and dutchefs dowager of Hanover, and the heirs of her body, being proteftants. And all these things I do plainly and fincerely ac knowledge and fwear, according to the express words by me fpoken, and according to the plain and common fenfe and understanding of the fame words, without any equivocation, mental evafion, or fecret refervation whatever. And I do make this recognition, acknowledg ment, abjuration, renunciation, and promife, heartily, willingly and truly, upon the true faith of a chriftian. So help me God. How blanks in the oath XXI. The blanks of which oath fhall be filled up with the name of her or him, as Queen, or King, who fhall be next in fucceffion, according to the faid act for the further limitation fhall be filled of the crown, and better fecuring the rights and liberties of the up. fubject, when the faid oath is to take place, and with the other proper additions of the words her, his, or him, and from and after the death of the faid pretended prince of Wales, these words following, viz. [And I do folemnly and fincerely declare, That I do believe in my confcience, that the perfon pretended to be prince of Wales, during the life of the late King James, and fince bis deceafe pretending to be, and taking upon himself the file and title of King of England, by the name of James the Third, bath not any right or title whatsoever to the crown of this realm, or any other the dominions thereto belonging: and I do renounce, refufe, and abjure any allegiance or obedience to him] fhall be left out, and alfo the words [against him the faid James, and all other perfons whatsoever] fhall be omitted, and inftead thereof fhall be inferted against all perfons whatsoever.] XXII. And be it further enacted by the authority aforefaid, The fucceffor That fuch next fucceeding Queen or King fhall and may make may ufe any ufe of any feal, to affix to any writing or inftrument, which feal before her the or he fhall, before her or his arrival in Great Britain, make or his arrival in Great Bri and país, to execute and do, or caufe to be executed or done, tain. any Parliament arrival of fuc ceffor. Provifo in cafe any of the 7 great offices be in commif any regal act; and it being fignified by fuch writing or inftrument, that the fame fhall have the fame effect as if paffed under the great feal of Great Britain, or any other publick feal ufed there, the same shall be of the fame force and effect, as if it were actually fealed by the great feal of Great Britain, or fuch other publick feal, which the fame is declared to be intended to have the force and effect of in fuch writing or inftru ment. XXIII. And be it further declared and enacted, That if, afcalled by lords ter the death of her Majesty without iffue, and before the arjuftices not to rival of any fucceeding Queen or King in Great Britain, any be diffolved by parliament fhall be called by the lords juftices, by writs tefted in their names; by the arrival of fuch fucceeding Queen or King in Great Britain, fuch parliament fhall not be diffolved, but after such arrival shall proceed without any new fummons. XXIV. Provided always, That if any of the aforesaid seven officers, other than the office of lord high treasurer of Great Britain, shall be in commiffion at the time of fuch demise of her Majesty, that then the first commiffioner of such respective commiffion fhall be one of the faid lords juftices of Great Britain, and use, exercife, and execute all powers, authorities, matters, and acts of government by this act vested in the said lords justices of Great Britain, according to the directions and provifions of this act, in as full and ample manner as if fuch office or offices were in the hands of a fingle perfon, provided, that if there be no lord high treasurer of Great Britain, and the office of treasurer of the Exchequer shall be in commiffion, then the first in that commiffion shall be one of the lords juftices of Great Britain. fion at Queen's death. Perfons in of fice, &c. made incapable of being elected members of the boufe of commons. XXV. And be it further enacted by the authority aforesaid, That no perfon, who fhall have in his own name, or in the name of any perfon or perfons in truft for him, or for his benefit, any new office or place of profit whatsoever under the crown, which at any time fince 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 fhall be created or erected, nor any person who shall be commiffioner or fub-commiffioner of prizes, fecretary or receiver of the prizes, nor any comptroller of the accounts of the army, nor any commiffioner of tranfports, nor any commiffioner of the fick and wounded, nor any agent for any regiment, nor any commiffioner for any wine licences, nor any governor or deputy governor of any of No pensioner the plantations, nor any commiffioners of the navy imployed in for years fball any of the out-ports, nor any perfon having any penfion from fit in the house, the crown during pleasure, fhall be capable of being elected, or of fitting or voting as a member of the house of commons in any parliament which shall be hereafter fummoned and holden. Accepting ofXXVI. Provided always, That if any perfon being chofen a fice of profit while a mem- member of the house of commons, fhall accept of any office of ber, election profit from the crown, during such time as he fhall continue a void: but may member, his election hall be, and is hereby declared to be void, By 1 Geo. 1. ftat. 2. c. 56. &c. See 15 Geo. 2. C. 22. and and a new writ shall iffue for a new election, as if fuch perfon be again electfo accepting was naturally dead. Provided nevertheless, That ed. fuch person shall be capable of being again elected, as if his place. had not become void as aforefaid. commiffion XXVII. Provided also, and be it enacted, That in order to No office to be prevent for the future too great a number of commiffioners to exe uted by be appointed or conftituted for the executing of any office, that too many no greater number of commiffioners fhall be inade or constituted ers. for the execution of any office than have been employed in the execution of such respective office at fome time before the first day of this prefent parliament. XXVIII. Provided alfo, That nothing herein contained shall Not to extend extend, or be construed to extend to any member of the house to officers in of commons, being an officer in her Majefty's navy or army, who shall receive any new, or other commiffion in the navy or army respectively. the navy or army. XXIX. And be it further enacted, That if any perfon here- Perfons difby difabled, or declared to be incapable to fit or vote in any par- abled, if reliament hereafter to be holden, shall nevertheless be returned as turn'd as a member to ferve for any county, ftewartry, city, town, or election and members, fuch cinque port, in any fuch parliament, fuch election and return return void. are hereby enacted and declared to be void to all intents and purposes whatsoever; and if any perfon disabled, or declared incapable by this act to be elected, fhall after the diffolution or determination of this prefent parliament presume to fit or vote as a member of the house of commons in any parliament to be hereafter fummoned, fuch perfon fo fitting or voting fhall forfeit Penalty on the fum of five hundred pounds, to be recovered by fuch per- fitting. fon as fhall fue for the fame in England, by action of debt, bill, plaint or information, wherein no effoin, protection or wager of law fhall be allowed, and only one imparlance. XXX. And be it further enacted and declared, That every perfon difabled to be elected, or to fit or vote in the house of commons of any parliament of England, shall be difabled to be elected, or to fit or vote in the house of commons of any parliament of Great Britain. abled from XXXI. And be it further enacted by the authority aforefaid, No commifThat no perfon, who now is a commissioner for difpofing the fioner for the fum of three hundred ninety eight thousand and eighty five equivalent difpounds ten fhillings, and all other fums arifing to Scotland by being elected, way of equivalent, upon the agreements, and to the purposes mentioned in the articles of union of the two kingdoms, shall for or by reafon of fuch commiffion, or any other commiffion for difpofing the faid equivalent, or any part thereof, or the execution of any fuch commiffion, or any thing relating thereunto, be disabled from being elected a member of parliament, or fitting or voting as such in this or any future parliament. CAP. |