*

6 Ann. c. 23.

7 & 8 W. 3. c. 34.

The Stat. 1 Geo. 1. c. 13.

An Act for the further Security of His Majesty's Person and Government, and the Succession of the Crown in the Heirs of the late Princess Sophia, being Protestants, and for extinguishing the Hopes of the pretended Prince of Wales, and his open and secret Abettors.

4. "AND whereas certain doubts and scruples "have arisen concerning the sense and meaning "of the clause following, contained in an act "made in the sixth year of her late majesty

queen Anne, intituled, An act to make fur"ther provision for electing and summoning "sixteen peers of Scotland, to sit in the house of peers in the parliament of Great Britain; "and for trying peers for offences committed in Scotland; and for the further regulating "of voters in elections of members to serve in "parliament; whereby it is enacted, That

every person who shall refuse to take the oath "last therein-before 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 late majesty king William, "intituled, An act that the solemn affirmation "and declaration of the people called Quakers, "shall be accepted instead of an oath in the "usual form, (which oath or declaration, the

sheriff, president of the meeting, or chief "officer taking the poll at any election of mem"bers to serve in the house of commons for any place in Great Britain, or commissioners for choosing burgesses for any place in Scotland,

"at the request of any candidate, or other per- 1 Geo. 1. c. 13. son present at such election, are hereby empowered and required to administer) shall not "be capable of giving any vote for the election "of any such member to serve in the house of " commons for any place in Great Britain, or commissioners to choose a burgess for any "place in Scotland; on account of which "words, some have pretended to vote in the "meetings of free elections in Scotland, at the

66

choosing of the president and clerk of the "meeting, without taking the oath mentioned "in the last recited act, whereby it has hap"pened that rolls of electors have been unduly "made up, and wrong returns made: And also, "whereas divers of his majesty's good subjects, "who have given convincing marks of their loyalty to his royal person and government, "have scrupled to take the said oath, apprehending that the reference in the said oath "may be construed, in some respects, to be in"consistent with the establishment of the "church in Scotland, according to law, and to "a clause concerning oaths to be imposed in "Scotland after the union, contained in the "act made in the parliament of Scotland in the year 1707, intituled, An act for securing the protestant religion, and presbyterian church government; which act is declared to be a "fundamental and essential condition of the

ing to take the

treaty of union," To the end, therefore, that the said scruples, and all mistakes and divisions Persons in on account of the same may cease, be it further Scotland refus enacted and declared by the authority aforesaid, abjuration oath That every person who shall refuse to take the incapacitated aforesaid oath of abjuration, or, being a Quaker, tions; shall refuse to declare the effect thereof upon of abjuration, (see present oath his solemn affirmation, in manner aforesaid ante, xxvii.)

to vote at elec

1 Geo. 1. c. 13. (which oath and declaration the member last elected for any county or stewartry in Scotland; or in his absence the sheriff or stewart's clerk, until a person be chosen to proceed in the said meeting, according to the directions contained in the twenty-first act of the third parliament of king Charles the second, held in (ante, civ. cv. Scotland, intituled, An act concerning the election of commissioners for shires, and after such choice the person so chosen to proceed, or any person chosen to proceed in any meeting of any county or stewartry there, in which rolls for elections shall happen to be made up, is hereby authorized and required to administer at the request of any candidate or other person present at such meeting for election, before or after the choosing of the president of the meeting, or making up of the rolls) shall not be capable of giving any vote for the election of a president of the meeting, making up of the rolls, or of any member to serve in the house of commons for any place in Scotland, or commissioner to choose a burgess for any place there; and further, that by no words in the said oath or oaths, formerly imposed, contained, it is or was meant to oblige his majesty's said subjects to any act or acts any ways inconsistent with the establishment of the church of Scotland according to law.

A. D. 1714.

[For the stat. 2 Geo. 2. c. 24. (Bribery Act) see ante, xiii. which act is extended to elections of delegates in Scotland, by the 16 G. 2. c. 11. § 33. but by § 38. repealed, as to the oath to be taken by the returning officer as far as relates to Scotland.

The Stat. 7 Geo. 2. c. 16.

An Act for the better regulating the Election of Members to serve in the House of Commons, for that Part of Great Britain called Scotland; and for incapacitating the Judges of the Court of Session, Court of Justiciary, and Barons of the Court of Exchequer in Scotland, to be elected, or to sit or vote as Members of the House of Commons.

"WHEREAS doubts may arise, whether the acts of parliament made in England for preventing false and undue returns of members "to serve in parliament, extend to that part of "Great Britain called Scotland: And whereas "several questions have arisen concerning the

election of commoners to serve in parliament "for that part of Great Britain:" Therefore, to obviate such doubts, disputes, and questions for the future, and for the more effectually preventing returning officers, in that part of Great Britain called Scotland, making false and undue returns: May it please your majesty that it may be enacted, and be it enacted by the king'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 if the clerk of any meeting of freeholders for the After 1 May, election of a commissioner to serve in parlia- nalty on every ment for any shire or stewartry in Scotland, false return. after the first day of May, 1734, shall wilfully return to the sheriff or stewart any person, other than him who shall be duly elected, or if any other person, pretending to be clerk, though not duly elected, shall presume to act as

1754, 500l. pe

7 Geo. 2. c. 16.

Freeholders

take and

the act 12

clerk, and wilfully to return to the sheriff any person as elected, who shall not be duly elected by the major part of such meeting, the party so offending shall for every such offence forfeit the sum of five hundred pounds sterling, to be recovered by the candidate so elected, to whose prejudice such false return is made, in such manner as is hereinafter directed.

2. And be it further enacted, that every freeon request, to holder who shall claim to vote at any election subscribe the of a member to serve in parliament for any following oath lands or estate in any county or stewartry in appointed by Scotland, or who shall have right to vote in Anna, c.6. §1. adjusting the rolls of freeholders, instead of the oath appointed to be taken by an act made in the 12th year of her late majesty queen Anne, intituled, An act for the better regulating elections of members to serve in parliament for that part of Great Britain called Scotland, shall, upon the request of any freeholder formerly enrolled, before he proceed to vote in the choice of a member, or on adjusting the rolls, take and subscribe, upon a roll of parchment to be provided and kept by the sheriff, or stewart. clerk for that purpose, the oath following, which the preses or clerk to the meeting, either for the enrolment or election, is hereby impowered and required to administer; that is to say,

"I, A. B. do, in the presence of God, declare "and swear, That the lands and estate of

*See 16 Geo. 2. c. 11. § 50. substituting a penalty of equal amount, but to be recovered as under § 42 of that act: this was again altered by 14 Geo. 3. c. 81, by which the proceedings for penaltics is to be upon fifteen days notice as directed herein.