utmost of my power, against all conspiracies and attempts whatsoever that shall be made against his person, crown, and dignity; and I will do my utmost endeavour to disclose and make known to his majesty, and his heirs, all treasons, and traitorous conspiracies which may be formed against him or them; and I do faithfully promise to maintain, support, and defend, to the utmost of my power, the succession of the crown in his majesty's family, against any person or persons whatsoever; hereby utterly renouncing and abjuring any obedience or allegiance unto the person taking upon himself the stile and title of prince of Wales, in the life-time of his father, and who, since his death, is said to have assumed the stile and title of king of Great Britain and Ireland, by the name of Charles the third, and to any other person, claiming or pretending a right to the crown of these realms; and I do swear, that I do reject and detest, as unchristian and impious to believe, that it is lawful to murder or destroy any person or persons whatsoever, for or under pretence of their being heretics; and also that unchristian and impious principle, that no faith is to be kept with heretics; I further declare, that it is no article of my faith, and that I do renounce, reject, and abjure the opinion, that princes excommunicated by the pope and council, or by any authority of the see of Rome, or by any authority whatsoever, may be deposed, or murdered by their subjects, or by any person whatsoever; and I do promise, that I will not hold, maintain, or abet any such opinion, or any other opinion, contrary to what is expressed in this declaration; and I do declare, that I do not believe that the pope of Rome, or any other foreign prince, prelate, state, or potentate, hath, or ought to have, any temporal or civil jurisdiction, power, superiority, or pre-eminence, directly or indirectly, within this realm; and I do solemnly, in the presence of God, and of his only son Jesus Christ, my redeemer, profess, testify, and declare, Declaration. Oath for pa pists in Ireland. that I do make this declaration, and every part thereof, in the plain and ordinary sense of the words of this oath, without any evasion, equivocation, or mental reservation whatever; and without thinking that I am, or can be acquitted before God or man, or absolved of this declaraon, or any part thereof, although the pope, or any other person or persons, or authority whatsoever, shall dispense with, or annul the same, or declare that it was null and void from the beginning. The declaration and oath in the 33 G. 3. c. 21. s. 7. (I) to be made by Papists in Ireland before voting. “I, A. B. do hereby declare, that I do profess the Roman Catholic religion.” "I, A. B. do swear, that I do abjure, condemn, and detest, as unchristian and impious, the principle that it is lawful to murder, destroy, or any ways injure any person whatsoever, for or under the pretence of being a heretic; and I do declare solemnly before God, that I believe, that no act in itself unjust, immoral, or wicked, can ever be justified or excused by or under pretence or colour, that it was done either for the good of the church, or in obedience to any ecclesiastical power whatsoever. I also declare, that it is not an article of the catholic faith; neither am I thereby required to believe or profess that the pope is infallible, or that I am bound to obey any order in its own nature immoral, though the pope or any ecclesiastical power should issue or direct such order, but on the contrary, I hold that it would be sinful in me to pay any respect or obedience thereto; I further declare, that I do not believe that any sin whatsoever committed by me can be forgiven at the mere will of any pope, or of any priest, or of any person or persons whatsoever; but that sincere sorrow for past sins, a firm and sincere resolution to avoid future guilt, and to atone to God, are previous and indispensable requisites to establish a well founded expectation of forgiveness; and that any person who receives absolution without these previous requisites, so far from obtaining thereby any remission of his sins, incurs the additional guilt of violating a sacrament; and I do swear, that I will defend, to the utmost of my power, the settlement and arrangement of property in this country as established by the laws now in being; I do hereby disclaim, disavow, and solemnly abjure any intention to subvert the present church establishment, for the purpose of substituting a catholic establishment in its stead; and I do solemnly swear, that I will not exercise any privilege, to which I am or may become entitled, to disturb and weaken the protestant religion and protestant government in this kingdom." So help me God. By the 1 & 2 G. 4. c. 58. the charges for an election in Ireland, and the payments by a candidate, are regulated. For each booth not in a public building, 157.; ditto in a public building, 77. 10s.; assessor, and first day's attendance, 501.; each subsequent day, 117. 78. 6d. ; poll clerk, each day, 17. 2s. 9d.; deputy clerk of the peace, and interpreter each day 10s.; assistant deputy clerk of the peace, and constable (of whom not more than two for each poll place are to be paid) 5s. each day. Candidate-Schedule (B.) One barrister, and first day's attendance, 501.; each subsequent day 117. 78. 6d. ; one conducting agent 1007. besides expences bona fide incurred; each agent or inspector, for the first day, 67. 16s. 6d.; for each subsequent day, 31. 8s. 3d.; each cheque clerk and other clerk, for each day, 15s. CHAPTER III. 1707. 6 Ann. One parlia ment. 6 Ann. c.6. s. 5. Issuing of IN PROCEEDINGS ON ELECTIONS FOR ALL PLACES By the third article of the treaty of union with Scotland, it is declared that the united kingdom shall be represented by one Parliament. When any Parliament shall be summoned, the representatives of Scotland, in the house of commons shall writs. Art. 24, be elected by authority of writs under the Great Seal of Great Britain, directed to the sheriffs and stewards of the respective shires and stewartries. one great seal for the united kingdom. s. 6. Shire &c. not having a turn to elect, to be omitted out of the writ. The writ for the town of Berwick is directed to the mayor and bailiffs of the town of Berwick-upon-Tweed, and the general provisions relating to elections and returns for England, extend to this place. If upon the issuing of writs for a Parliament, any shire or stewartry, wherein a royal borough is, hath not then the right to elect a commissioner or knight of the shire or stewartry for that parliament, it shall be omitted out of the writ. This provision is necessary in consequence of it being declared by the Scotch act of 5 A. c. 8. s. 12., which is adopted by the act of union, that the right to choose a representative for the shires of Bute and Caithness, of Nairn and Cromarty, and of Clackmannan and Kinross, is alternate. By the same section it is also declared, that in case of the death or legal incapacity of the members for any of the said places, or for Edinburgh, or any of the districts of burghs, the shire, the town of Edinburgh, or the district of burghs that chose the member so dying or incapacitated, shall elect a member in his place. s. 40. mutatis mutan When any new Parliament shall be called, the lord 16 G.2. c.11. chancellor, lord keeper, or lords commissioners of the New parliaGreat Seal for the time being, shall issue out the writs ment. for Scotland, and as well upon the calling any new Par- Form of writ, liament as upon a vacancy during Parliament, the writs dis, vid. p. 25. shall be delivered [now transmitted] to the sheriff or steward to whom the execution thereof does belong, and who shall thereon indorse the day he received the same. The provisions as to the transmission of writs made by the 53 G. 3. Vid. p. 2. c. 89. extend to this country, and by s. 7. it is declared, that any offence Transmission in Scotland against that act is a misdemeanor, and shall be punished by fine or imprisonment as the judge may direct. of writs. Offence in Scotland. Writs trans The provisions as to the removal of the military from the place of election in 8 G. 2. c. 30. mentioned before (vid. pp. 7 & 8) extend to Scotland. Doubts having been entertained by whom the writs 35 G.3. c. 65. should be received, it was declared that the writs should s. 2. be delivered [now transmitted, vid. p. 2.] to the sheriff mitted to or steward depute, or the substitute of each and to no sheriff depute, other person, and the principal, or high sheriff or stew- tute. ard shall not officiate in receiving or executing the writ. By s. 3. the sheriff or steward depute or substitute, neglecting his duty shall forfeit 500l., and by s. 4. the principal or high sheriff, or any person other than the sheriff or steward depute, or the substitute of each interfering in the execution of a writ, shall forfeit 1000l., and become incapable of bearing and executing any office or place of trust under the These pecuniary penalties are to be recovered by way of summary complaint before the court of session upon thirty days' notice, as directed by the 16 G. 2. c.11. s. 43. crown. or his substi s.5; 16G.2. The sheriff shall, within four days after receipt of the 7 G. 2. c. 16. writ, make out a precept to each borough within his ju- c. 11. s. 40. risdiction to elect a commissioner for choosing a burgess Sheriff to to serve in Parliament, and shall cause the same to be delivered to the chief magistrate of such borough re- four days. sident in the borough for the time being. deliver pre cept within By 6 A. c. 6. s. 5. on the receipt of the writ, the sheriff of the shire Edinburgh. of Edinburgh shall direct his precept to the lord provost of Edinburgh Other royal to cause a burgess to be elected for that city, and as to the other royal boroughs. boroughs divided into fourteen classes, the sheriffs of the several shires shall, on the receipt of the writs, direct their precepts to every royal bo |