6 Ann. e. 13. deputy before whom such oaths and such declaration shall be so made, subscribed, and repeated, shall, and is hereby required to return the original subscription of such oath and declaration, signed by the peer who took the same, and make a return in writing under his hand and seal to the peers so assembled, of such peers taking the said oaths, and making and subscribing the said oath and declaration, and be thereby and such peer shall be thereby enabled and qua

qualified to make a proxy, &c.

lified to make a proxy, or to send a signed list containing the names of sixteen peers of Scotland, for whom he giveth his vote, and such of the peers of Scotland as, at the time of issuing such proclamation, reside in England, may take and subscribe the said oaths, and make, repeat, and subscribe the said declaration in her majesty's high court of chancery of England, her majesty's court of queen's bench, common pleas, or court of exchequer in England, which, being certified by writ to the peers in Scotland at their meeting, under the seal of the court where such oath and declaration shall be made, repeated, and subscribed, shall be sufficient to entitle such peer to make his proxy, and to send a signed list as aforesaid; and in case any of the said peers of Scotland, who at any time before the issuing of such proclamation, have taken the said oaths and made and subscribed the said declaration in England or Scotland, to be certified as aforesaid, and if taken in parliament, to be certified under the great seal of Great Britain, shall at the time of issuing such proclamation be absent in the service of her majesty, her heirs or successors, such peer may make his proxy or send a signed list.

5. Provided always, and be it enacted by the 6 Ann. c. 23. authority aforesaid, that such peers of Scotland, How proxies as are also peers of England, shall sign their shall be signed. proxies and lists by the title of their peerage

in Scotland.

have more than

6. And be it further enacted, by the autho- No peer to rity aforesaid, that no peer shall be capable of two proxies. having more than two proxies at one time.

lord clerk re

of the sixteen

7. And be it further enacted, by the autho- After election, rity aforesaid, that at such meeting of the peers gister to certhey shall all give in the names of the persons tify the names by them nominated to sit and vote in the house peers elected. of peers in the parliament of Great Britain, and the lord clerk register, or two of the principal clerks of the session appointed by him to officiate in his name, shall, after the election is made and duly examined, certify the names of the sixteen peers so clected, and sign and attest the same in the presence of the peers, which certificate, so signed and attested, shall, by the lord clerk register, or two of the principal clerks of the session, be returned into her majesty's high court of chancery of Great Britain before the time appointed for the meeting of the parliament.

shall come at

8. And be it further enacted, by the autho- How peers rity aforesaid, that the peers shall come to tended to clecsuch meetings with their ordinary attendants tions.. only, according to, and under the several penalties inflicted by, the several laws and statutes now in force in Scotland, which prescribe and direct with what number and attendants the subjects there may repair to the public courts of justice.

6 Ann. c. 23.

Peers not to

&c. except

tion.

9. And be it further enacted, by the autho rity aforesaid, that it shall not be lawful for debate or treat the peers so assembled and met together for of any matter, the electing sixteen peers to sit and vote in the only the elec. house of peers in the parliament of Great Britain, to act, propose, debate, or treat of any other matter or thing whatsoever, except only the election of the said sixteen peers, and that every peer who shall at such meeting presume to propose, debate, or treat of any other matter or thing contrary to the direction of this act, shall incur the penalty of præmunire, ex-. pressed in the statute of the 16th year of king Richard the second.

Confirmation of the act of

parliament of Scotland.

10. And be it further declared, by the authority aforesaid, that all and every matter and things for, or concerning, the election of sixteen peers of Scotland, to sit and vote in the house of peers in the parliament of Great Bri tain, directed and appointed to be observed and done by the articles of union, and the said recited act of parliament in Scotland, intituled, "An act settling the manner of electing the "sixteen peers and forty-five members to represent Scotland in the parliament of Great "Britain," which act, by an act of parliament 5 Annæ, c. 8. in England, in the fifth year of her majesty's reign, intituled, "An act for the union of the "two kingdoms of England and Scotland," was declared to be as valid as if the same had been part of, and ingrossed in, the articles of union thereby ratified and approved, shall be Exception. observed and performed, except only wherein this act has further declared and provided.

11. And be it further enacted, by the authority aforesaid, that, in case any of the six

elected, pro

clamation to ing another.

issue for elect

teen peers so chosen shall die, or become other- 6 Ann. c. 23. wise legally disabled to sit in the house of peers In case of of the parliament of Great Britain, that her ma- death or disjesty, her heirs and successors, shall forthwith, ability of peers after such death or disability, issue a proclamation under the great seal of Great Britain, for electing another peer of Scotland to sit in the house of peers of the parliament of Great Britain, in the room of such peer deceased or otherwise legally disabled; which proclamation shall be published at such time and places as is herein enacted, touching proclamations issued upon summoning a parliament of Great Britain; and the peers of Scotland being qualified as is hereby directed, shall proceed to elect a peer of Scotland to sit in the house of peers of the parliament of Great Britain, in the room of such peer deceased or otherwise legally disabled, in such manner and under such restrictions and regulations as are by this act directed to be observed, upon the electing sixteen peers peers of the

of Scotland to sit in the house of parliament of Great Britain.

for treason,

committed in

12. And be it further enacted, by the au- How peers thority aforesaid, that for the more effectual shall be tried trial of any peer of Great Britain that hath murder, &c. committed, or shall commit any high treason, Scotland. petit treason, misprision of treason, murder, or other felonies, in Scotland, commission or commissions may issue under the great seal of Great Britain to be directed to such person and persons as shall be therein named, constituting them, and such a number of them as shall be therein mentioned, justices of the queen, her heirs and successors, to enquire, by the oaths of good and lawful men of such county and counties of Scotland as shall be named therein,

6 Ann. c. 23. of all treasons, misprisions of treason, murders, and other felonies, committed in such county by a peer or peers of Great Britain, which inquisition shall be taken and made in the same manner as indictments found and taken before justices of oyer and terminer of any county of England, and shall be of the same effect, and proceeded upon in the same method as any inquisition found before justices of oyer and terminer in England, whereby any peer is indicted for any such offence, and such justices shall issue mandates or precepts to the sheriffs of the respective counties of Scotland to return to them at such day and place as they shall appoint, such and so many good and lawful men of the same county, as may be sufficient to enquire of the offences aforesaid, and twelve or more of them so returned being sworn, shall be sufficient to make such enquiry, and find any indictment; and if the sheriff of such county shall not summon a sufficient number of men to make such inquisition, the justices that do proceed upon such commission may im pose a fine upon such sheriff which shall be levied by process, out of the exchequer; and if any of the persons summoned by the sheriff to enquire as aforesaid, shall not appear, the justices may, in like manner, impose a fine upon such person so making default to be levied in manner aforesaid.

Persons refus

13. And be it further enacted, by the auing to take the thority aforesaid, that every person who shall oath, or, Qua- refuse to take the oath last herein-before re

ker, to make affirmation,

&c. (For the oath see ante,

§3.)

cited, or, being a Quaker, shall refuse to declare the effect thereof upon his solemn affirmation as directed by an act of parliament made in the seventh year of the reign of his