Proxy and so many excellent Things were done that it was called Bonum Parliamentum At the Return of the Writs Ib. 6. the Parliament cannot begin but by the Royal Presence of the King either in Person or Representation The King's Person may be represented by Commission under the Great Seal to certain Lords in Parliament authorizing them to begin the Parliament or to prorogue it c. When a Parliament is call'd Ib. 28. and doth sit and is dissolved without any Act of Parliament passed or Judgment given it is no Session of Parliament but a Convention It is an Observation proved by a great Number of Precedents Ib. 32. that never any good Bill was preferred or good Motion made in Parliament whereof any Memorial was made in the Journal-Book or otherwise Tho sometimes it succeeded not at the first yet it hath never dy'd but at one Time or other hath taken effect Matters of Parliament are not to be ruled by the Common-Law Ib. 17. If Offences done in Parliament might have been punish'd elsewhere Ibid. Vide 1 Inst Sect. 108. it shall be intended that at some Time it would have been put in Ure It doth not belong to the Judges Ib 50. to judge of any Law Custom or Priviledge of Parliament The Judges in Parliament are the King or Queen Sir Tho. Smith's Common-wealth 74 the Lords Temporal and Spiritual the Commons represented by the Knights and Burgesses of every Shire Borough-Town These all or the greater Part of them and that with the Consent of the Prince for the Time being must agree to the making of Laws It is the just and constant Course of Parliament Seld. Judic 95. to bring the Party accused to his Answer Yea tho he fly Justice yet to send out Proclamation into the Countries that he appear at a Day or else such and such Judgments shall be given against him What is done by either House Sir R. Atkyns Argument c. 14. according to the Law and Usage of Parliament is properly and in the Judgment of the Law the Act of the whole Parliament And what concerns the one must of Necessity concern the whole not meerly by Consequence but by an immediate Concernment as being one and entire The three Estates of Parliament are one entire Body and Corporation Ib. 34 41 51 55. Vide Rast St. 2. 3. E. 6. c. 36. Pref. All their Powers and Priviledges in the Right of them and in the Title to them are entire per my per tout and belonging to the whole Body of the Parliament tho in the Exercise of those Powers and sometime in the Claim of them they are distinguish'd and in the Practise of their Powers they are in many Things distributed into Parts All the Estates in Parliament are call'd by one common Name Ibid. as Commune Concilium Regni Magna Curia they are one Body Politic. It is said by Fineux Chief Justice That the Parliament at the Common-Law consists of the King Lords and Commons and they are but one Body corporate The Liberties and Franchises of the Parliament in the Right of them Ib. 55. are entire and due to both Houses for both make up the Parliament Knighton one of our best Historians doth notably disclose the antient Ends of calling Parliaments Knyghton de Eventibus Augliae l. 5. f. 2681. col 1.2 Pettyt's Rights c. in Pref. p. 43. 44. Hollings f. 1055. col 1. in saying Quod ex Antiquo Statuto Consuetudine landabili approbata c. That by an antient Statute and Custom laudable and approved which no Man could deny the King was once in the Year to convene his Lords and Commons to his Court of Parliament as to the highest Court in the whole Realm In qua omnis Aequitas relucere deberet absque qualibet Scrupulositate vel nota tanquam Sol in Ascensu Meridiei ubi Pauperes Divites pro Refrigerio Tranquilitatis Pacis Repulsione Injuriarum Refugium Infallibile quaerere possent ac etiam Errata Regni reformare de Statu Gubernatione Regis Regni cum Sapientiori Concilio tractare ut Inimici Regis Regni Intrinseci Hostes Extrinseci destruantur repellantur qualiterquoque Onera incumbentia Regi Regno levius ad Ediam Communitatis Supportari potuerunt i. e. In which Court all Equity ought to shine forth without the least Cloud or Shadow like the Sun in its Meridian Glory where Poor and Rich refreshed with Peace and Ease of their Oppressions may always find infallible and sure Refuge and Succour the Grievances of the Kingdom redressed and the State of the King and Government of the Realm debated with wiser Councels the Domestick and Foreign Enemies of the King and Kingdom destroy'd and repelled and to consider how the Charges and Burthens of both may be sustained with more Ease to the People Minshieu But these six Degrees were never allowed to be six Estates of Parliament in his Etymological Dictionary tit Parliament says In a Monument of Antiquity meaning the antient Modus Tenendi Parliament shewing the Manner of holding the Parliament in the Time of K. Edward the Son of K. Etheldred which as the Note saith was delivered by the discreeter Sort of the Realm to William the Conqueror and allowed by him tis said That the Parliament consisted of six Ranks or Degrees it begins thus Rex est Caput Principium et Finis Parliamenti ita non habet Parem in suo Gradu Et sic a Rege solo primus Gradus est Secundus Gradus est ex Archiepiscopis Episcopis Abbatibus Prioribus per Baroniam Tertius Gradus est de Procuratoribus Cleri Quartus Gradus est de Comitibus Baronibus et aliis Magnatibus Quintus Gradus est de Militibus Comitatuum Sextus Gradus est de Civibus et Burgensibus Et ita est Parliamentum ex sex Gradibus En Antient temps tout le Parliament sea Insimul Rolls 1. Report fol. 18. ante 54. et le Separation fuit perle desire del Commons Mes nient obstant ils font forsque un Mese jen aie view un Record 30 H. 1. de lour degrees et seats 39 E. 3. per Choke ch Inst It is generally believed Reform'd vol. 2. p. 49. That the whole Parliament sate together in one House before E. 3. Time and then the inferior Clergy were a Part of that Body without Question But when the Lords and Commons were divided the Clergy likewise sate in two Houses and granted Subsidies as well as the Temporalities My Lord Chief Justice Coke says 1 Inst Sect. 164. fol. 109. The Parliament is the highest and most honourable and absolute Court of Justice of England consisting of the King the Lords of Parliament and the Commons And again the Lords are here divided into two Sorts viz. Spiritual and Temporal And the Commons are divided into three Parts viz. Into Knights of Shires or Counties Citizens out of Cities and Burgesses out of Boroughs In the High Court of Parliament all the whole Body
Sir Francis Popham being returned a Burgess for Chippenham by one Indenture Id. 14. and another Person returned for the same Place by another Indenture it was moved he might be admitted into the House till the Matter were determined But he was not so admitted and it was referred to the Committee for Privileges 21 Jac. 1. Id. 15. Two Indentures were return'd for Southwark the one returned Yarrow and Mingy the other Yarrow and Bromfeild Upon a Report from the Committee of Elections it was resolved That the Election and Return for Yarrow should stand good and that he should sit in the House 22 Martii Ibid. 21 Jac. 1. Sir John Jackson and Sir Thomas Beaumont were both returned for one Burgess's Place for Pontefract Ordered That the Committee take the Election into Consideration to Morrow and that in the mean Time the Parties forbear to come into the House CHAP. XXI A Session of Parliament and of Prorogations and Adjournments WHAT shall make a Session of Parliament See 1 Rol. R. 29. Hutton 61. 4 Inst 27. 1 Siderf 457. 1 Mod. Rep. 151 155. If several Bills are passed at one and the same Parliament none of them shall have Priority of the other for they are made all in one Day and Instant and each of them have relation to the first Day of the Parliament though in several Chapters and shall so be construed as if they had been all comprehended in one and the same Act of Parliament Sir W. Jones Rep. 22. Hob. 111. Bro. tit Parl. 86. and Relat. 35. Plowd 79.6 Levintz 9. Crooke says That though in Fiction of Law a Statute shall have relation to the first Day of the Parlaiment yet revera nothing is settled nor is it a perfect Statute till the Parliament is ended Jones ut sup 370. Vide cont ibid. 371. Hales Justice said That if the Parliament has several Prorogations and in the second or third Session an Act is made this shall not have relation to the Day of the Beginning of the Parliament that is to say to to the first Day of the first Session but only to the first Day of the same Session in which it is made Plowd 79.6 In a Session of Parliament though it continue never so many Weeks yet there is nothing prius aut posterius but all Things are held and taken as done at one and the same Time Rush Vol. I. Page 581. Jones in the Case of Sir John Elliot Ibid. p. 687. says We are Judges what shall be said a Session of Parliament Sed Quere de hoc The Passing of any Bill or Bills 4 Inst 27. by giving the Royal Assent thereto or the giving any Judgment in Parliament doth not make a Session but the Session doth continue till that Session be prorogued or dissolved And this is evident by many Presidents in Parliament ancient and modern 14 Ed. 3. Ibid. On the first Monday a Grant of c. being given to the King was made a Statute and pass'd both Houses and had the Royal Assent thereunto yet after this the Parliament continued and divers Acts made and Petitions granted 3 Rich. 2 Declared by Act of Parliament Ibid. That the killing of John Imperial Ambassador of Genoa was High Treason yet the Parliament continued long after and divers Acts made c. 7 Hen. 4. Ibid. An Act made for certain Strangers departing the Realm c. yet the Parliament continued till Dec. 8. Hen. 4. 1 Hen. 7. Ibid. The Attainders of such as were returned Knights Citizens and Burgesses were revers'd by Act Parliament before they could sit in the House of Commons and the Parliament continued and divers Acts made 33 Hen. 8. Ibid. At the Beginning of the Parliament the Bill of Attainder against Queen Catherine Howard passed both Houses yet the Parliament continued and divers Acts passed Though Bills passed both Houses Ibid. and the Royal Assent be given thereto there is no Session until a Prorogation or a Dissolution The Diversity between a Prorogation and an Adjournment Ibid. or Continuance of the Parliament is That by the Prorogation in open Court there is a Session and then such Bills as passed either or both Houses and had no Royal Assent to to them must at the next Assembly begin again Every several Session of Parliament is in Law a several Parliament Ibid. Hutton 61. Brook tit Parl. 86. But if it be but adjourned or continued then there is no Session and consequently all Things continue in the same State they were in before the Adjournment or Continuance The Titles of divers Acts of Parliament be 4 Inst 27. At the Session holden by Prorogation or by Adjournment and Prorogation but never by Continuance or Adjournment tantùm And the usual Form of Pleading is ad Sessionem tentam c. per Prorogationem The Adjournment or Continuance is much more beneficial for the Common-wealth 4 Inst 28. for expediting of Causes than a Prorogation The King desired the House of Commons not to make a Recess in the Easter Holidays Rush Col. 537 This Message for Non-recess was not well pleasing to the House Sir Robert Philips first resented it and took Notice That in 12 18 Jac. 1. upon the like Intimation the House resolved It was in their Power to adjourn or sit Hereafter said he this may be put upon us by Princes of less Piety Let a Committee consider hereof and of our Right herein and to make a Declaration Sir Edward Coke said The King makes a Prorogation but this House Adjourns itself The Commission of Adjournment we never read but say This House adjourns it self If the King writes to an Abbot for a Corody for a Vallet if it be ex rogatu though the Abbot yeilds to it it binds not Therefore I desire that it be entered That this be done ex Rogatu Regis And this Matter touching his Majesty's Pleasure about the Recess Rush Col. 537. was referred to a Committee and to consider the Power of the House to adjourn itself The Sovereign may adjourn the Parliament Sir Simon d'Ewe's Jour 318. Col. 2. as well as the Parliament adjourns itself When a Parliament is called 4 Inst 28. Hutton 61. Vid. Sir Simon d'Ewe's Jour 407. Col. 1. and doth sit and is dissolved without any Act of Parliament passed or Judgment given it is no Session of Parliament but a Convention 18 Rich. 2. The Petitions of the Commons were answered 4 Inst 28. and a Judgment given in the King's Bench reversed but no Act passed Yet without Question it was a Session else the Judgment should not be of Force Many Times Judgments given in Parliament have been executed Ibid. the Parliament continuing before any Bill passed If divers Statutes be continued till the next Parliament Hutton 61. or next Session and there is a Parliament or Session and nothing done therein as to Continuance all the said Statutes are discontinued and gone 8 April Hakewel 180. 1604. In the last Session of the first Parliment of K.
James the First the House being desirous to have a Bill forth with passed declared That the Royal Assent to one Bill or more did not dissolve the Session without some special Declaration of his Majesty's Pleasure to that Purpose 1 2 Phil. Mar. The King and Queen came of Purpose into the Parliament House Ibid. to give their Assent to Cardinal Pool's Bill and resolved upon the Question by the whole House That the Session was not thereby concluded but they might proceed in their Business notwithstanding the Royal Assent given But for more Security it is usual to insert a Proviso to that Purpose If there be divers Sessions in one Parliament Arc. Parl. 93. 〈◊〉 Jour 7.12 â—b and the King signs not a Bill till the last there all is but one and the same Day and all shall have relation to the first Day of the first Session Post 336. and the first Day and the last are but one Parliament and one and the same Day unless special Mention be made in the Act when it shall take its Force See Touching the Commencement Prorogation and Dissolution of several Parliaments from the Beginning of Edward III. to the End of Richard III. in Cotton's Records per Totum and from the Beginning of Edward VI. in Hale's Parliaments pag. 107 to 110. and pag. 142 143 c. Upon a Prorogation of the Parliament On a Prorogation Bills to continue in Statu quo Burnet 's Reformation Vol. I. pag. 276. Journal Dom. Com. 15 May 1540. 32 Hen. 8. to the 25th a Vote passed That their Bills should remain in the State they were in and upon their next Meeting they went on accordingly On the 18th of February 1666 the Parliament was prorogued till the 10th of October 1667. the King present Memorandum That his Majesty by Proclamation 1 Siderf 338. dated 26 June 1667. Ann. 19. of his Reign summon'd his Parliament to meet on the 25th of July following by Reason of the War against the Dutch then in Being On which Day they met and adjourned at his Majesty's Appointment to the 29th of the same Month on which Day a Peace being then concluded the Parliament was by his Majesty's Appointment prorogued to the 10th of October as aforesaid A Parliament may be summon'd by Proclamation to meet before the Day to which they are prorogued Anno Dom. 1628. Rush Vol. I. pag 537. 4 Car. 10 April Mr. Secretary Cook delivered this Message from the King That his Majesty desired this House not to make any Recess these Easter-Holidays that the World may take Notice how earnest his Majesty and we are for the publick Affairs of Christendom the which by such a Recess would receive Interruption But This Message for Non-recess was not well pleasing to the House Sir Robert Phillips first resented it Post 366. and too Notice that in 12 18 Jac. upon the like Intimation the House resolved it was in their Power to adjourn itself or sit Hereafter said he this may be put upon us by Princes of less Piety Let a Committee consider hereof and of our Right herein and make a Declaration And accordingly this Matter touching his Majesty's Pleasure about the Recess was referred to a Committee and to consider the Power of the House to adjourn itself to the End that it being now yeilded unto in Obedience to his Majesty it might not turn to Prejudice in Time to come Sir Edward Coke spoke to the same Purpose and said I am as tender of the Privileges of this House as of my Life They are the Heart-Strings of the Commonwealth The King makes a Prorogation but this House adjourns itself The Commission of Adjournment we never read but say this House adjourns itself If the King write to an Abbot for a Corody for a Valet if it be ex rogatu though the Abbot yeilds to it it binds not Therefore I desire that it be entered that this is done ex rogatu Regis Hereupon a Message was sent to the King That the House would give all Expedition to his Majesty's Service notwithstanding their Purpose of Recess To which Message his Majesty returned this Answer That the Motion proceeded from himself in regard of his Engagement in the Affairs of Christendom wished them all Alacrity in their Proceedings and that there be no Recess at all A Message from the King by the Speaker Ibid. pag. 608. same Year That his Majesty commands for the present they adjourn the House till To-morrow Morning and that all Committees cease in the mean Time And the House was accordingly adjourned On Wednesday February 25. the same Year both Houses by his Majesty's Command adjourned themselves until Monday Morning the 2d of March. Monday Ibid. pag. 660. and Appendix pag. 9. 2d of March the Commons meet and urged the Speaker to put the Question who said I have a Command from the King to adjourn till the 10th of March and put no Question endeavouring to go out of the Chair was notwithstanding held by some Members the House foreseeing a Dissolution till a Protestation was published in the House Hereupon the King sent for the Serjeant of the House but he was detained the Door being locked Then he sent the Gentleman-Usher of the Lords House with a Message and he was refused Admittance till the said Votes were read And then in much Confusion the House was adjourned till the 10th of March according as it was intimated from his Majesty In Mr. Mason of Lincoln's Inn his Argument for Sir John Elliot he said the second Charge in the Information against him was the Contempt to the Command of the King's Adjournment Jac. 18. It was questioned in Parliament whether the King can adjourn the Parliament although it be without doubt that the King can prorogue it And the Judges resolved That the King may adjourn the House by Commission and 27 Eliz. it was resolved accordingly But it is to be observed and wondered Rush Vol. I. in Appendix pag. 48. that none was then impeached for moving that Question And it is to be noted that they resolved that the Adjournment may be by Commission but did not resolve that it may be by a verbal Command signified by another and it derogates not from the King's Prerogative that he cannot so do no more than in the Case of 26 H. 8. c. 8. that he cannot grant one Acre of Land by Parol The King himself may adjourn the House in Person or under the Great Seal but not by verbal Message for none is bound to give Credit to such Message but when it is under the Great Seal it is Teste meipso And if there was no legal Command then there can be no Contempt in the Disobedience of that Command In this Case no Contempt appears by the Information for the Information is that the King had Power to adjourn Parliaments Then put the Case the Command be that they should adjourn themselves this is no Pursuance of the Power which he is supposed to have
that such Person be thereupon Convicted such Person so discovering and not having been before that time Convicted of any Offence against this Act shall be indemnified and discharged from all Penalties which he shall then have incurred by any Offence against this Act. Enacted that forty five shall be the number of the Representatives of Scotland in the House of Commons of the Parliament of Great Britain Stat. 5. Annae c. 8. the Union Act. Of the said Forty-five Representatives of Scotland Members for Scotland Thirty shall be chosen by the Shires and Fifteen by the Royal Burghs as follows viz. one for every Shire and Stenartry excepting the Shires of Bute and Caitness which shall choose one by turns Bute having the first Election the Shires of Nairn and Cromarty which shall also choose by turns Nairn having the first Election and in like mannet the Shires of Clackmannan and Kinross shall choose by turns Clackmannan having the first Election and in case of the Death or legal Incapacity of the said Members from the said respective Shires or Steuartries Scotland the Shire or Steuartry who elected the said Member shall elect another Member in his Place And that the said Fifteen Representatives for the Royal Burghs shall be chosen as follows viz. That the Town of Edinburgh shall have Right to elect and send one Member and that each of the other Burghs shall elect a Commissioner in the same manner as usual to elect Commissioners and Burghs Edinburgh excepted being divided into fourteen Classes or Districts shall meet at such time and Burghs within their respective Districts as her Majesty her Heirs or Successors shall appoint and elect one for each District viz. the Burgs of Kirkwall Week Dornock Dingwall and Tain one The Burghs of Fortrose Inverness Nairn and Forress one The Burghs of Elgin Cullen Bamff Inverary and Kintore one The Burghs of Aberdeen Inverbery Montrose Aberbrothock and Brochine one The Burghs of Forfar Perth Dundee Coupar and St. Andrews one The Burghs of Craill Kilrenny Anstruther Easter Anstruther Wester and Pittenween one The Burghs of Dysart Kirkaldie Kinghorn and Bruntsland one The Burghs of Innerkethen Scotland Dunfermline Queens-ferry Culross and Sterling one The Burghs of Glasgow Renfrew Ruglen and Dumbarton one The Burghs of Haddington Dunbar North-Berwick Lauder and Jedburgh one The Burghs of Selkirk Peebles Linlithgow and Lanerk one The Burghs of Dumfreis Sanquhar Anna Lockmaben and Kirkeudbright one The Burghs of Wigtown New Galloway Stranraver and Whitehorn one The Burghs of Air Irvin Rothesay Cambletown and Inverary one And where the Votes of the Commissioners for the said Burghs met to choose Representatives from their several Districts shall be equal the President of the Meeting shall have a casting or decisive Vote and that by and according to his Vote as a Commissioner from the Burgh from which he is sent the Commissioner from the eldest Burgh presiding in the first Meeting and the Commissioners from the other Burghs in their respective Districts presiding afterwards by turns in the order as the said Burghs used to be called in the Rolls of the Parliament of Scotland and that in case any of the said fifteen Commissioners from Burghs shall decease or become legally incapable to sit in the House of Commons then the Town of Edinburgh Scotland or the District which chose the said Member shall elect a Member in his or their Place That none shall be capable to elect a Representative for any Shire or Burgh of Scotland unless twenty one Years of Age complete and Protestant excluding all Papists or such who being suspect of Popery and required refuse to swear and subscribe the Formula contained in the third Act made in the eight and ninth Sessions of King William's Parliament in Scotland nor shall be capable to elect a Representative to a Shire or Burgh in the Parliament of Great Britain for Scotland except such as were at the time of passing this Act capable by the Laws of Scotland to elect as Commissioners for Shires or Burghs to the Parliament of Scotland Enacted Stat. 6 A. c. 6. c. That when any Parliament shall at any time hereafter be summoned or called on Notice to be forthwith given after Receipt of the Writs by the Shertff or Stewart of the time of Election for Knights of the Shire or Commissioners for Scotland at such time of Election the several Freeholders in the respective Shires and Stewartries shall meet and convene at the head Burghs of their several Shires and Stewartries and proceed to the Election of their respective Commissioners or Knights for the Shire or Stewartry Scotland and the Clerks of the said Meetings shall respectively return the Names of the Persons Elected to the Sheriff or Stewart of the Shire or Stewartry on a Precept in like manner to be directed by the Sheriffs of Edinburgh to the Lord Provost of that City and on Receipt of such Precept the City of Edinbusgh shall elect their Member and their common Clerk shall certify his Name to the Sheriff of Edinburgh On Precepts in like manner to be directed by the Sheriffs or Stewarts of the several Shires or Stemartries where the other fourteen Districts of Royal Burghs respectively are reciting the Contents and Date of the Writ and commanding them to elect each of them a Commissioner as they used formerly to elect Commissioners to meet at the presiding Borough of their respective District naming it on the thirtieth day after the Teste of the Writ unless Sunday and then the next day after and then to choose their Burgess for the Parliament The common Clerk of the then presiding Borough shall immediately after the Election return the Name of the Person so Elected to the Sheriff or Stewart of the Shire Scotland or Stewartry wherein such presiding Borough is And in case a vacancy shall happen in time of Parliament by the decease or legal incapacity of any Member a new Member shall be Elected in his Room conformable to the method herein before appointed and in case such Vacancy be of a Representative for any one of the said fourteen Classes or Districts for Royal Boroughs that Borough which presided at the Election of the deceased or disabled Member shall be the presiding Borough at such Election That from and after the Determination of this present Parliament 2 St. 12. Annae no Conveyance or Right whatsover whereupon Infeoffment is not taken and Seisin registred One Year before the Teste of the Writs for calling a New Parliament shall upon Objection made in that Behalf intitle the Person or Persons so Infeoft to Vote at that Election in any Shire or Stewartry in that Part of Great Britain called Scotland and in case any Election happen during the Continuance of a Parliament no Conveyance or Right whatsoevel whereupon Infeoffment is not taken One Year before the Date of the Warrant for making out a new Writ for such Election shall upon Objection made in that Behalf Scotland intitle the
No Candidate who shall have in his own Name or in trust for him or his Benefit any new Officers or Place of Profit hereafter to be created or be a Commissioner or Sub-Commissioner Secretary or Receiver of Prizes Commissioner of the Armies Accounts Commissioner of the Sick and wounded Agent for any Regiment Commissioner for Wine Licences Governor or Deputy-Governor of any of the Plantations Commissioner in any out-Port or have a Pension from the Crown during Pleasure shall be capable of being elected or sitting c. as a Member 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 hereafter shall be created or erected nor any Person who shall be a Commissioner or Sub-Commissioner of the Prizes Secretary or Receiver of the Prizes nor any Comptroller of the Accompts of the Army nor any Commissioner of Transports nor any Commissioner of the Sick and Wounded nor any Agent to any Regiment nor any Commissioner for Wine Licences nor any Governor nor Deputy-Governor of any of the Plantations nor any Commissioner of the Navy employed in any of the Out-Ports nor any Person having any Pension from the Crown during Pleasure shall be capeable of being Elected or of sitting or voting as a Member of the House of Commons If any Person being chosen a Member of the House of Commons shall accept of any Office of Profit from the Crown during such time as he shall continue a Member his Election shall be Members chosen accepting any Office of Profit from the Crown while they continue Members their Election void and a new Writ to issue but capable of being again Elected and is hereby declared to be Void and a new Writ shall issue for a new Election as if such Person so accepting was naturally Dead Nevertheless such Person shall be capable of being again Elected as if his Place had not become Void as aforesaid No greater Number of Commissioners shall be made for the Execution of any Office than have been employed in the Execution of any such Office from the first Day of the Session Nothing herein contained shall extend to any Member of the House of Commons being an Officer in Her Majesty's Navy or Army Members being Officers in the Navy or Army receiving any New Commission in either not incapacitated who shall receive any new or other Commission in the Navy or Army respectively If any Person hereby disabled or declared to be incapable to Sit or Vote in Parliament Members hereby incapacitated if returned their Election void and presuming to sit and vote forfeit 500 l. to any that will sue by Action of Debt c. wherin no Essoin c and but one Imparlance shall nevertheless be returned as a Member to serve for any County City Town or Cinque-Port in any such Parliament such Election and Return are declared to be Void to all Intents and Purposes and if any Person disabled or declared incapable by this Act to be Elected shall presume to sit or vote as a Member of the House of Commons in any Parliament such Person so sitting or voting shall forfeit 500 l. to be recovered by such Person as shall Sue by Action of Debt Bill Plaint or Information wherein no Essoign Protection or Wager of Law shall be allowed and only one Imparlance Forty five shall be the Number of the Representatives of Scotland in the House of Commons of the Parliament of Great-Britain G. Britain Stat. 5 Annae c. 8. Every Member of the House of Commons of the Parliament of Great-Britain until the Parliament of Great-Britain shall otherwise direct shall take the respective Oaths appointed to be taken instead of the Oaths of Allegiance and Supremacy The Union Act. by an Act of Parliament made in England in the First Year of the Reign of the late King William and Queen Mary The new Oaths of Allegiance and Supremacy And make subscribe and audibly repeat the Declaration mentioned in an Act of Parliament made in England in the Thirtieth Year of the Reign of King Charles the Second The Test and shall take and subscribe the Oath mentioned in an Act of Parliament made in England in the First Year of Her Majesty's Reign The Abjuration At such time and in such manner as the Members of both Houses of Parliament of England are by the said respective Acts directed to take make and subscribe the same upon the Penalties and Disabilities in the said respective Acts contained And it is declared and agreed that these Words This Realm The Crown of this Realm and the Queen of this Realm mentioned in the Oaths and Declaration contained in the aforesaid Acts which were intended to signify the Crown and Realm of England shall be understood of the Crown and Realm of Great-Britain and that in that Sense the said Oaths and Declaration be taken and subscribed by the Members of the Parliament of Great Britain None shall be capable to be elected a Representative for any Shire or Borough of Scotland but such as are twenty one Years of Age complete None capable to be elected for any Shire or Borough of Scotland under 21 Years nor unless a Protestant Papists and such as refuse the Formula excluded Like Incapacity on Candidates not at this Time capable by the Laws of Scotland Stat. 6. An. c. 7. and Protestant excluding all Papists or such who being suspect of Popery refuse to swear and subscribe the Formula contained in the third Act made in the 8th and 9th Sessions of King William's Parliament in Scotland nor shall be capable to be elected to represent a Shire or Burgh in the Parliament of Great Britain for Scotland except such as were at the Time of passing this Act capable by the Laws of Scotland to be elected as Commissioners for Shires or Boroughs to the Parliament of Scotland A like Clause for incapacitating Persons to be elected c. Members of Parliament and likewise for incapacitating Members of Parliament with like Restrictions Exceptions and Penalties throughout the united Kingdom as are contained in the Statute 4 5 Annae c. 8. relating to Candidates and Members for the Parliament of England And further Candidates disabled to be elected or Members to sit c. in the Parliament of England under like Disabilities as to any Parliament of Great Britain That every Person disabled to be elected or to sit or vote in the House of Commons of any Parliament of England shall be disabled to be elected or to sit or vote in the House of Commons of any Parliament of Great Britain Except the present Commissioners for disposing the Equivalent by the present or any other Commission That every Person who shall refuse to take the Oath of Abjuration St. 6 Ann. c. 23. Candidates or others may require the Sheriff President of the Meeting c. on the Poll at any Election of Members in
Great Britain or of Commissioners for choosing Burgesses in Scotland to administer the Abjuration upon Oath or Affirmation to Quakers and Electors refusing it incapable to vote or being a Quaker shall refuse to declare the Effect thereof upon his solemn Affirmation as directed by an Act of Parliament made 7 W. 3. to be administred by the Sheriff President of the Meeting or chief Officer taking the Poll at any Election of Members to serve in the House of Commons for any Place in Creat Britain or Commissioners for choosing Burgesses for any Place in Scotland at the Request of any Candidate or other Person present shall not be capable of giving any Vote for any Election of any such Member to serve in the House of Commons for any Place in Great Britain or Commissioner to choose a Burgess for any Place in Scotland That no Register for the Registring Memorials of Deeds St. 6 Ann. c. 35. The Register for the East-Riding of Torâ—shire c. or his Deputy incapacitated Conveyances Wills c. within the East-Riding of the County of York or the Town and County of Kingston upon Hull or his Deputy for the Time being be capable of being chosen a Member to serve in Parliament Vide ante 212. That no Person shall be capable to sit or vote as a Member of the House of Commons St. 9 Ann. Persons incapacitated to sit or vote in the House of Commons who have not an Estate Freehold or Copyhold for Life or greater in England of 600 l. for a Knight of the Shire manfully and 300 l. for a Citizen Burgess c. and if any such elected c. the Election c. void for any County City c. within that Part of Great Britain called England c. who shall not have an Estate Freehold or Copyhold for his own Life or for some greater Estate either in Law or Equity to his own Use in Lands Tenements or Hereditaments above what will satisfy and clear all Incumbrances within that Part of Great Britain called England c. of the annual Value of six hundred Pounds above Reprizes for every Knight of a Shire and of three hundred Pounds above Reprizes for every Citizen Burgess c. And if any Persons elected or returned to serve in any Parliament as a Knight of a Shire or as a Citizen Burgess c. shall not at the Time of such Election and Return be seized of or intituled to such an Estate before required such Election and Return shall be void Nothing in this Act contained shall extend to make the eldest Son or Heir Apparent of any Peer or Lord of Parliament Eldest Son or Heir Apparent of a Peer or Person qualified to serve as a Knight of a Shire excepted Universities in England also excepted or of any Person qualified by this Act to serve as Knight of a Shire uncapable of being elected and returned and sitting and voting as a Member of the House of Commons Nor extend to either of the Universities in that Part of Great Britain called England but that they may elect and return Members to represent them in Parliament as heretofore they have done No Person shall be qualified to sit in the House of Commons No Person qualified by Virtue of a Mortgage unless in Possession of the mortgaged Premisses for seven Years before his Election by virtue of any Mortgage whereof the Equity of Redemption is in any other Person unless the Mortgagee shall have been in Possession of the mortgaged Premisses for seven Years before the Time of his Election Every Person except as aforesaid who shall appear as a Candidate Candidates to be sworn to their Estates if required by any other Candidate or two Electors or shall by himself or any others be proposed to be elected shall upon Request at the Time of such Election or before the Day to be prefixed in the Writ of Summons for the Meeting of the Parliament by any other Person who shall stand Candidate at such Election or by any two or more Persons having Right to vote at such Election take a Corporal Oath in the Form in this Act contained which see ante The respective Oaths aforesaid shall be administred by the Sheriff or Under-Sheriff Before the Sheriff or other Officer by whom the Poll is to be taken or Return made or 2 or more Justices of the Peace The Election and Return of Candidates refusing to take the Oath void for any County or by the Mayor Bailiff or other Officer or Officers for any City Burrough c. to whom it shall appertain to take the Poll or make the Return at such Election or by any two or more Justices of the Peace within England c. And if any of the said Candidates c. shall wilfully refuse to take the Oath the Election and Return of such Candidate or Person shall be void That from and after the Determination of this present Parliament 2 St. 12 Ann. No Conveyance or Right whereon Infeoffment is not taken and Seisin registred a Year before the Teste of the Writs shall intitle the Person to be elected in any Shire or Stewartry in Scotland The like as to Inoffments not taken a Year before the Date of the Warrant for a new Writ during 〈◊〉 Continuance of a Parliament Any Elector present suâ—pecting Persons to have Estates in Trust may require the Praeses of the Meeting to swear such to their Estates no Conveyance or Right whereupon Infeoffment is not taken and Seisin registrated one Year before the Teste of the Writs for calling a new Parliament shall upon Objection made in this Behalf intitle the Person so infeost to be elected at that Election in any Shire or or Stewartry in Scotland and in case any Election happen during the Continuance of a Parliament no Conveyance or Right whatsoever whereupon Infeoffment is not taken One Year before the Date of the Warrant for making out a new Writ for such Election shall upon Objection made in that Behalf intitle the Person so Infeoft to be elected at that Election and that it shall be lawful for any of the Electors present suspecting any Person or Persons to have his or their Estates in Trust and for Behoof of another to require the Praeses of the Meeting to tender the Oath in this Act contained intituled The Form of the Freeholders c. Oath to be taken upon Objection made by Stat. 12. Annae and is the same mutatis mutandis to any Elector and the said Praeses is required to administer the same In case such Elector Electee Q. refuse to Swear On Refusal to swear and subscribe the Oath incapable to be elected Stat. 1 G. 1. c. 13. and also to subscribe the said Oath such Person or Persons shall not be capable of being Elected at such Election That after the 29th of September 1715 no Person that now is or hereafter shall be a Member of the House of Commons shall Vote in the House of Commons or
Name of the elected to the Sheriff who is to annex and return it with the Writ the Sheriff of the Shire of Edinburgh shall on Receipt of the Writ directed to him forthwith direct his Precept to the Lord Provost of Edinburgh to cause a Burgess to be elected for that City and their Common Clerk shall certify the Name of the Member elected to the Sheriff of Edinburgh who shall annex it to his Writ and return it with the same into the Court from which the Writ issued And as to the other Royal Burghs divided into fourteen Classes or Districts Sheriffs c. in like Manner to direct their Precepts to the Royal Burghs for the electing a Commissioner for each and the Commissioners of each District to meet at the presiding Borough by name for each District on the thirtieth Day after the Teste of the Writ unless Sunday and then Menday to their Burgess Common Clerk of such presiding Borough forthwith to return the Name of the elected to the Sheriff c. in whose Shire such Borough is who is to annex and return it with his Writ Like Method to be taken by Sheriffs c. in Case of Vacancy in Parliament Time by Decease or Incapacity of a Member and if for a Burgh the presiding Burgh at the first to preside at the new Election the Sheriffs or Stewarts of the several Shires and Stewarties shall G. Britain on the Receipt of their several Writs forthwith direct their several Precepts to every Royal Burgh within their respective Shires or Stewartries reciting therein the Contents of the Writ and the Date thereof and commanding them forthwith to elect each of them a Commissioner as they used formerly to elect Commissioners to the Parliament of Scotland and to order the said respective Commissioners to meet at the presiding Borough of their respective District naming the said presiding Borough upon the thirtieth Day after the Day of the Teste of the Writ unless it be upon the Lord's Day and then the next Day after and then to choose their Burgess for the Parliament And the Common-Clerk of the then presiding Borough shall immediately after the Election return the Name of the Person so elected to the Sheriff or Stewart of the Shire or Stewartry wherein such presiding Borough is who shall annex it to his Writ and return it with the same into the Court from whence the Writ issued And in case a Vacancy shall happen in Time of Parliament by the Decease or legal Incapacity of any Member a new Member shall be elected in his Room G. Britain conformable to the Method herein before appointed and in Case such a Vacancy be of a Representative for any one of the said fourteen Classes or Districts of the said Royal Boroughs that Borough which presided at the Election of the deceased or disabled Member shall be the presiding Borough at such new Election Provided always that upon the issuing of the Writs of Summons for the electing of a Parliament if any Shire or Stewartry where a Royal Borough is In Writs to Sheriffs the Election of a Knight to be omitted if the Shires where a Royal Burgh is have not then a Turn to elect hath not then a Turn or Right to elect a Commissioner or Knight of the Shire or Stewartry for that Parliament that then it shall be omitted out of the Writ c. That every Person who shall refuse to take the Oath of Abjuration or being a Quaker St. 6 An. ch 23. Sheriffs Presidents of Meetings c. on the Poll at any Election of Members of Parliament for Great Britain or of Commissioners for choosing Burgesses for Scotland at the Request of any Candidate or others to administer the Abjuration Oath or Affirmation to Quakers and Electors refusing it disabled to vote shall refuse to declare the Effect thereof upon his solemn Affirmation as directed by an Act made 7. W. 3. which Oath or Declaration the Sheriff President of the Meeting or chief Officer taking the Poll at any Election of Members for any Place in Great Britain G. Britain or Commissioners for choosing Burgesses for any Place in Scotland at the Request of any Candidate or other Person present at such Election which they are to administer shall not be capable of giving any Vote for the Election of any such Member for any Place in Great Britain or Commissioner to choose a Burgess for any Place in Scotland Enacted St. 9 An. ch 5. Candidate to be sworn to his Estate if required by any other Candidate or two Electors That every Person except the eldest Son or Heir Apparent of a Peer or of a Person qualified by this Act to serve as Knight of a Shire or such as shall be elected for each of the Universities of England shall upon Request at the time of the Election or before the Day to be prefixed in the Writ of Summons for the Meeting of any Subsequent Parliament by any other Person who shall stand Candidate at such Election or by any two or more Persons having a Right to Vote at such Election take a Corporal Oath in the Form in this Act contained Vide aute The respective Oaths aforesaid shall be administred by the Sheriff or Under-Sheriff for any County G. Britain or by the Mayor Bailiff The Oaths to be administred by the Sheriff or other Officer by whom the Poll is to be taken and Return made or two or more Justices of the Peace Who are to certify the same into the Chancery or Queen's Bench within 3 Months under 100 l. Forfeiture to be recovered by Action of Debt c. half to the Queen and half to him that sues with full Costs or other Officer or Officers for any City Borough c. to whom it shall appertain to take the Poll or make the Return at such Election or by any two or more Justices of the Peace within England c. and the said Sheriff Mayor Bailiff or other Officers and the said Justices of the Peace respectively are hereby required to certify the taking thereof into Chancery or the Queen's Bench within three Months after the taking the same under the Penalty of forfeiting one hundred Pounds one Moiety to the Queen and the other to such Person or Persons as will sue for the same to be recovered with full Costs by Action of Debt Bill Plaint or Information in any Court of Record at Westminster No Fee or Reward shall be taken for administring any Oath or making 1 s. only to be paid for the Oath 2 s. for making and 2 s. for filing the Certificate under 20 l. Forfeiture to be recovered and divided as above receiving or filing the Certificate thereof except one Shilling for administring the Oath and two Shillings for making the Certificate and two Shillings for receiving and filing the same under the Penalty of twenty Pounds to be forfeited by the Offender G. Britain and to be recovered and divided as aforesaid That upon every Election to
and every the Sheriffs Mayors G. Britain Bailiffs and other Officers The Act to be read by the Sheriff c. after reading the Writ to whom the Execution of any Writ or Precept for electing any Members belongs shall at the Time of such Election immediately after the Reading of such Writ or Precept read or cause to be read openly before the Electors there assembled this present Act and every Clause therein contained and the same shall also openly be Read once in every Year at the General Quarter Sessions of the Peace after Easter and at the Quarter Sessions after Easter and on electing Magistrates c. for any County or City and at every Election of the chief Magistrate in any Borough Town Corporate or Cinque-Port and at the annual Election of Magistrates and Town Counsellors for every Borough in Scotland That every Sheriff Under-Sheriff Wilful Offence forfeits 50 l. Mayor Bailiff and other Officer to whom the Execution of any Writ or Precept for the electing of Members doth belong for every wilful Offence contrary to this Act shall forseit 50 l. to be recovered with full Costs as before directed Provided Prosecution to commence within two Years That no Person shall be made liable to any Incapacity Disability Forfeiture or Penalty by this Act unless Prosecution be commenced within two Years after such Incapacity c. incurred or in Case of a Prosecution the same be carried on without wilful Delay any Thing herein to the contrary After a Recital of the St. 7.8 St. 6. G. 11. c. 23. W. 3. and the Inconveniencies of County Courts being adjourned to Mondays Fridays or Saturdays it enacts That no County Court in England shall be adjourn'd to a Monday Friday or Saturday and all Adjournments and Acts done at such Courts so adjourn'd to be null and void any Law Custom or Usage to the contrary Provided That any County Court begun holden on or adjourned to any Day not prohibited by this or the said former Act for electing any Knight of the Shire for any County or for hearing and determining Causes or for such other Matters and Business as are usually transacted at County Courts may be adjourned over from Day to Day tho' the same may happen to be on a Monday Friday or Saturday until such Election or other Matters be fully finished any thing therein to the contrary c. CHAP. XIII Election of the Speaker THE Speaker is he that doth prefer and commend the Bills exhibited to the Parliament Arc. Parl. 3. Smyth's Common-wealth 75. and is the Mouth of the Parliament It is true 4 Inst 8. Smyth's Common-wealth 75. See Bohun's Coll. 352. contra the Commons are to choose their Speaker but seeing that after their Choice the King may refuse him for avoiding of expence of Time and Contestation the Use is as in the Conge d'Eslier of a Bishop that the King doth name a discret and learned Man whom the Commons elect But without their Election no Speaker can be appointed for them 4 Inst 8. because he is their Mouth and trusted by them and so necessary as the House of Commons cannot sit without him And therefore a grievous Sickness is a good Cause to remove the Speaker Id. 8. and choose another So in 1 Hen. 4. Sir John Cheyny discharged and so William Sturton So in 15 Hen. 6. Sir John Tyrrel removed So March 14. 1694. Sir John Trevor The first Day each Member is called by his Name Modus tenend Pal. 35. every one answering for what Place be serveth That done they are willed to choose their Speaker who tho' nominated by the King's Majesty is to be a Member of that House Their Election being made he is presented by them to the King sitting in Parliament 35. So Sir Thomas Gargrave 1 Eliz. So Christopher Wray 13 Eliz. So Robert Bell 14 Eliz. See Bohun's Coll. 352 353. So John Puckering 27 Eliz. So George Snagg 31 Eliz. So Edward Coke 35 Eliz. So Yelverton 39 Eliz. So John Crook 43 Eliz. So Sir Thomas Crew 19 Jac. 1. So Sir Heneague Finch 1 Car. 1. cum multis aliis The Speaker ought to be religious Towns Coll. 1.4 honest grave wise faithful and Secret These Virtues must concur in one Person able to supply that Place The long Use hath made it so material Elsyng 154 that without the King's Commandment or Leave they cannot choose their Speaker Sed aliter ab Antiquo Surely the Election of the Speaker was antiently free to the Commons Id. 155. to choose whom they would of their own House which appears in this that the King never rejected any whom they made Choice of Vide contra Sir Simon d'Ewes Journ 42. Col. 1. where he saith That 28 Hen. 6. Sir John Popham was discharg'd by the King i. e. on his excuse and thereupon the Commons chose and presented William Tresham Esq who made no Excuse See the like of Paul Foley in Bohun's Collection 353. The Cause of Summons being declared by the King or Chancellor Elsing 151 Cook 12 115. Smyth's Common-wealth 79. the Lord Chancellor confers first with his Majesty and then in his Name commands the Commons to assemble in their House and to choose one of their Members to be their Speaker and to present him to his Majesty on a Day certain Upon which the Commons shall presently assemble themselves in the Lower House Co. 12.115 and he is to be a Member of their Parliament The Commons being thereupon assembled in their House Elsyng 152 Vid. Town Coll. 174. See Bohun ut Supra one of the Commons puts the rest in mind of their Charge given in the Upper House touching the choosing of a Speaker and then doth of himself commend one unto them and desires their Opinions to be signified by their Affirmative or Negative Voices and if any Man stand up and speak against him so named alledging some Reason he ought to name another Some Person when the generality of Members are come Scobel 3. Vid. Town 174. Vide Sir S. d'Ewe's Jour passim and sit doth put the House in mind that for their better proceeding in the weighty Affairs they are come about their first Work is to appoint a Speaker and re-commends to the House some Person of Fitness and Ability for the Service and Dignity which usually hath been one of the long Robe If more than one Person be named for Speaker Scobel 3. and it be doubtful who is more generally chosen sometime one of the Members standing in his Place doth by Direction or Leave of the House put a Question for determining the same or the Clerk at the Board So it was in the first Session 1 Jac. 1. Scobel 4. when Sir Edward Philips the King's Serjeant at Law was first named by Mr. Secretary Herbert as fit for that Place and the Names of others were mention'd but the more general Voice run upon Sir Edward Philips and a Question being put he was by general Acclamation chosen Speaker When the Speaker
and Time to Time without any further or other Adjournment without the Consent of the Candidates until all the Free-holders then and there present shall be polled England Every Sheriff Under-Sheriff Mayor Sheriffs Mayors c. to deliver to any Person desiring it a Copy of the Poll paying reasonably for writing it Sheriffs Mayors c. for every wilful Offence contrary to this Act forfeits to each Party grieved 500 l. to be recovered by him his Executors c. with full Costs by Action of Debt c wherein Essoign c. to be allowed Bailiff and other Officer to whom the Execution of any Writ or Precept shall belong for the electing Members to serve in Parliament shall forthwith deliver to such Person or Persons as shall desire the same a Copy of the Poll taken at such Election paying only a reasonable Charge for writing the same and every Sheriff Under-Sheriff Mayor Bailiff and other Officer to whom the Execution of any Writ or Precept for electing of Members doth belong for every wilful Offence contrary to this Act shall forseit to every Party so aggrieved the Sum of five hundred Pounds to be recovered by him or them his or their Executors or Administrators together with full Costs for which he or they may sue by Action of Debt Bill Plaint or Information in any Court at Westminster wherein no Essoign Protection Wager of Law Privilege or Imparlance shall be allowed Every Return of any Person under the Age of twenty one Years The Return of any Person chosen under 21 Years void is hereby declared to be null and void All County Courts for the County of York or any other County Courts England which heretosore used to be held on a Monday County Courts for Yorkshire and others used to be held on a Menday to be called and held on a Wednesday shall be called and begun upon a Wednesday and not otherwise any Custom or Usage to the contrary The Sheriff of the County of Southampton Sheriff c. of Hampshire at the Request of any Candidate to adjourn after the End of the Poll at Winchester to Newgate in the Isle of Wight or his Deputy at the Request of one or more of the Candidates for Election of a Knight or Knights of that County shall adjourn the Poll from Winchester after every Frecholder then and there present is polled to Newport in the Isle of Wight for the Ease of the Inhabitants of the said Island any thing in this Act to the contrary That no Person which shall refuse to take the Oaths of Allegiance and Supremacy directed by an Act made in the first Year of His present Majesty and the late Queen Mary St. 7 8. W. 3. c. 27. Sheriffs c. on the Poll at any Election to administer the Oaths of Allegiance and Supremacy to Electors and if Quakers the Declaration of Fidelity at the Request of any Candidate and on Refusal not to admit them to vote or being Quakers shall refuse to subscribe the Declaration of Fidelity directed by one other Act of Parliament made in the said first Year of the Reign of His present Majesty and the late Queen which Oaths and Subscription respectively the Sheriff or chief Officer taking the Poll England at the Request of any one of the Candidates are required to administer shall not be admitted to give any Vote for the Election of any Knight of the Shire Citizen Burgess or Baron of the Cinque-Ports to serve in Parliament That the Sheriff or other Officer having the Execution and Return of any Writ to Parliament St. 10 11 W. 3. c. 7. Sheriffs c. by themselves or Deputies on or before the Day any Parliament shall called to meet and not exceeding fourteen Days after any Election made to make his Return to the Clerk of the Crown c. shall on or before the Day that any suture Parliament shall be called to meet and with all convenient Expedition not exceeding fourteen Days after any Election made by virtue of any new Writ either in Person or by his Deputy make Returns of the same to the Clerk of the Crown in Chancery to be by him filed c. and pay to the Clerk of the Crown 4 s. for every Knight of the Shire and 2 s. for every Citizen Burgess c. which the Sheriff c. shall charge to the King and have allowed upon his Account See the Stat. c. 7 8. W. c. 25. p. 107. The proper Officer of the Cinque-Ports shall be allowed six Days from the Receipt of such Writ for the Delivery very of the Precept according to the Purport of the Act 7 and 8 W. III. G. Britain c. 25. any thing in the said Act or any other Law Statute or Usage to the contrary Every Sheriff or other Officer aforesaid who shall not make the Returns according to the true Intent and Meaning of this Act Sheriffs c. not making Returns accordingly to forfeit for each Offence 500 l. one Moiety to the King the other to him that will sue by Action of Debt c. wherein no Essoign c. to be allowed and but one Imparlance shall forfeit for every such Offence the Sum of 500 l. one Moiety to His Majesty and the other Moiety to him or them that will sue for the same to be recovered by Action of Debt Bill Plaint or Information in any Court at Westminster wherein no Essoign Protection or Wager of Law allowed nor more than one Imparlance That when any Parliament shall hereafter be summoned or called St. 6. Annae c. 6. Writs to issue to the respective Sheriffs or Stewarts for choosing the 45 Representatives of Scotland to Parliament Sheriffs c. thereon forthwith to give Notice of the Time of Election for the Shires Clerks of the Meetings forthwith to return the Names of the elected to the Sheriff who is to annex and return it with his Writ the Forty five Representatives of Scotland in the House of Commons in the Parliament of Great Britain shall be elected and chosen by Authority of the Queen's Writs under the great Seal of Great Britain directed to the several Sheriffs and Stewarts of the respective Shires and Stewartries and the said several Sheriffs and Stewarts shall on Receipt of such Writs forthwith give notice of the Time of Election for the Knights or Commissioners for their respective Shires or Stewartries G. Britain And the Clerks of the said Meetings immediately after the said Elections are over shall respectively return the Names of the Persons elected to the Sheriff or Stewart of the Shire or Stewartry who shall annex it to his Writ and return it with the same into the Court out of which the Writ is issued And as to the Manner of Election of the fifteen Representatives of the Royal Boroughs Sheriff of Edinburgh on Receipt of his Writ forthwith to direct his Precept to the Lord Provost for electing the Burgess for that City Common Clerk of Edinburgh to certify the