14. B. do

A. B. do fincerely promife and fwear, That I will be faithful, and bear true allegiance to her majesty Queen Anne.

So help me GOD.

A. B. do in the fincerity of my heart, affert, acknowledge, and declare, That her majesty Queen Anne is the only lawful and undoubted fovereign of this realm, as well de jure, that is, of right, Queen, as de facto, that is, in the poffeffion and exercise of the government: and therefore I do fincerely and faithfully promife and engage, That I will, with heart and hand, life and goods, maintain and defend her Majefly's title and government, against the pretended prince of Wales, and his adherents, and all other enemies, who either by open or fecret attempts, shall disturb or disquiet her Majesty in the poffeffion and exercise thereof.

Westminster,

And that either in her Majesty's courts of Chancery, Queen's In any of the Bench, Common Pleas, or Exchequer at Westminster; the fame courts at fhall be, to all intents, constructions, and purposes, as effectual as if such person or persons had taken the oaths by the said act appointed, within the time, and at the places therein mentioned.

&c. there,

II. And be it further enacted by the authority aforefaid, That Officers in in all time coming all and every perfon or perfons whatfoever, Scotland to who fhall be admitted into any office, civil or military, within take the oaths, that part of Great Britain called Scotland, who by reafon of fuch within three office are obliged to take the oaths before-mentioned in Scotland, months after shall within three months after his admittance into any fuch admittance office, take and fubfcribe the oaths, and fubfcribe the affurance into their of fices, in the aforefaid, either in her Majefty's courts of feffion, jufticiary, or courts of fefExchequer in Scotland, or at the quarter feffions there, for the city fion, &c. or county where fuch perfon or perfons inhabit or dwell, or in any other court where the oaths have ufually been administred in Scotland, or in her Majefty's courts of Chancery, Queen's Bench, Common Pleas, or Exchequer at Westminster.

III. And be it further enacted by the authority aforefaid, The courts at That the faid courts of Chancery, Queen's Bench, Common Pleas, Westminster and Exchequer at Westminster, thall, from time to time, admi- to adminifter the oaths to all nifter to fuch perfons as fhall tender themselves to take and subperfons offerscribe the aforefaid oaths, and fubfcribe the said affurance for ing to take offices, civil and military, and in the fame manner that other them, and to oaths of the like nature have been in use to be affured; and they give a certifi fhall give to all and every perfon or perfons taking the oaths as aforefaid, a certificate of their having taken the fame, for which there shall be paid a fum not exceeding two fhillings.

cate thereof.

oaths at Weft

IV. And be it further enacted, That all and every perfon Officers in who fhall be employed in any office, civil or military, within Scotland, who that part of Great Britain called Scotland, and who, by virtue of thall take the this prefent act, takes the oaths before, and in the courts of minster, muft Chancery, Queen's Bench, Common Pleas, or Exchequer at Weft- tranfmit the minfler, fhall be obliged to tranfmit, within the fpace of three certificate to months,

F 4

the courts o

Scotland, within three months.

feffion, &c. in months, to the courts of feffion or jufticiary, or Exchequer in Scotland, or to any the principal clerks of feffion, the principal clerk of jufticiary, or the Queen's remembrancer in the court of Exchequer, the certificate they shall receive in manner abovementioned; where the faid certificate fhall be kept, and to which all perfons fhall have free accefs, without fee or reward. Perfons negV. Provided always, That every such person or persons, who lecting or refhall neglect or refuse to take and fubfcribe the oaths, and subfufing to take the oaths, &c. fcribe the affurance aforefaid, either in her Majefty's courts of fhall incur the Chancery, Queen's Bench, Common Pleas, or Exchequer at Westpenalties in minster, or in the proper courts in Scotland, and fhall after fuch refusal or neglect execute any office, for and in respect of which the oaths and affurance aforefaid ought to be taken and subfcribed, fhall incur the penalties, difabilities and forfeitures in the faid act mentioned.

the act.

6 Ann. c. 14.

Taking the oaths, &c.

the certificate,

VI. Provided also, That every fuch perfon or perfons, who having taken and fubfcribed the oaths, and fubfcribed the affuand neglecting rance aforefaid, in her Majefty's courts of Chancery, Queen's to tranfmit Bench, Common Pleas, or Exchequer at Westminster, fhall, within fhall forfeit his the space of three months, neglect to tranfmit the certificate office, and given by the faid courts in manner above-mentioned, shall forfeit his office, and alfo the fum of one hundred pounds, to be recovered by fuch perfon or perfons as shall fue for the fame, by fummar process in the faid court of session.

100l. to any who will fue

for it in the court of fef. fion.

Officer in

take the oath

VII. And be it further enacted by the authority aforesaid, That it fhall and may be lawful for any perfon or perfons, that Scotland may is or shall be employed in any office or offices in Scotland aforede Fideli, be- faid, to take the oath de Fideli, or oaths for the due execution of his or their office or offices, before one of the judges of England; and that such oath or oaths fo taken, fhall to all intents, conftructions and purposes, be as effectual as if fuch oath or oaths had been taken before any judge or judges of either of her Majefty's courts in Scotland aforefaid, or otherwise howfo

fore one of

the judges of England.

Claufe for al

voy to the

ever.

VIII. And whereas Henry Newton doctor of laws, her Majelowing Dr. fy's envoy exraordinary to the great duke of Tuscany, being appointNewton, en- ed master of St. Catherine's hofpital near the Tower of London, cangreat duke of not return home till the time for qualifying himself, by receiving the Tufcany, 3 facrament of the Lord's fupper, taking the oaths, and making the demonths after claration and fubfcriptions required by law, will be expired; be it his return to enacted by the authority aforefaid, That in cafe the faid Henry England, to take the oaths Newton thall receive the facrament of the Lord's fupper within as mafter of three months after his return from beyond the feas, and fhall St. Catherine's take the oaths, and make the declaration and fubfcriptions rehospital.

quired by law, in one of her Majesty's courts of record at Westminfter the next term, or at the next quarter feffions held for the county of Middlefex, after the faid three months, the fame fhall be good and available to the faid Henry Newton, to all intents, constructions, and purposes whatfoever; and the faid Henry Newton fhall be deemed to have qualified himself as fully and effectually as if he had taken the said oaths, and made the faid declaration

declaration and subscriptions within the precife time required by law; any law or statute to the contrary in any wife notwithftanding.

CAP. XVI.

An alt for difcharging the attendance of noblemen, barons, and freeholders, upon the lords of justiciary in their circuits, in that part of Great Britain called Scotland, and for abolishing the method of exhibiting criminal informations by the porteous roll.

WH

HEREAS fince the union of the two kingdoms, the attendance of noblemen, barons, and freeholders, in that part of Great Britain called Scotland, upon the lords of jufticiary in their circuits, in the manner the fame was heretofore ufed, is now become burthenfome and unneceffary; be it therefore enacted by the After 1 May, Queen's most excellent majefty, by and with the advice and 1710. none to confent of the lords fpiritual and temporal, and commons, in attend the lords of juftiparliament affembled, and by authority of the fame, That ciary in their from after the first day of May, one thousand seven hundred circuits, exand ten, no perfon whatsoever thall be obliged, by himself, his cept the fhetenants, or fervants, to attend the lords of jufticiary, either in riff, &c. at the going to, or coming from the refpective places where the circuit place and time courts are held, except the fheriff, or his deputies, and their circuit courts officers; and that no fheriff, by himself, or his deputies, or his are held; officers, be obliged to attend the faid lords of jufticiary at any time or place out of the bounds of the respective county whereof such person is fheriff, except at the place, and during the time, where the feveral circuit courts of the respective districts

fhall be held.

where the

fummoned to

as fhall make

II. And be it further enacted by the authority aforefaid, That and except from and after the faid first day of May, no perfon whatsoever fuch as are fhall be obliged to attend at the place where the circuit court is give evidence, held, during fuch time as the faid court fhall continue there, except or on a jury; fuch perfon or perfons who fhall be fummoned upon any grand or fuch as are or petty jury, or who fhall be fummoned or bound to give evi- bound to apdence in any matter or caufe before the faid court, or who fhall pear, or fuch be bound over to appear at fuch justice court, or fuch perfon or prefentments. perfons as fhall make prefentments, in order to trials before Juftices of the faid juftices at their circuits: Provided, That when prefent- peace may dements are made by the juftices of peace at their quarter feffions, pute one of or at the yearly meetings in July and February after mentioned, Except alfo it fhall be lawful to the faid juftices to depute one or more of those who attheir number to attend in place of the whole; and except fuch tend by the other person or perfons, who, by the duty of his or their offices duty of their or trufts, are bound to attend the faid court.

their number.

offices.

III. And whereas by an act made in the fixth year of her Majesty's 6 Annæ, c. 6. reign, intituled, An act for the rendring the union of the two kingdoms more entire and complete, it is, amongst other things, enacted, That the juftices of the peace in Scotland may do, ufe, and exercife over all perfons within their feveral bounds, whatever doth

appertain

The manner of taking up

dittay, &c. abolished.

Informations,

ter feilions,

&c.

appertain to the office and trust of a justice of peace, by virtue of the laws and acts of parliament made in England before the union, in relation to or for the prefervation of the publick peace; by virtue of which powers and privileges vefted in them for the purposes aforesaid, they have fufficient authority to receive information concerning crimes committed within the respective counties, and to commit fuch offenders, or take fecurity or recognizance, and to do other neceffary acts for the effectual profecution of the faid crimes; in confequence whereof the old method of taking up dittay, and exhibiting informations against delinquents by the ftrefs and porteous roll, as the fame was grievous, is now become unneceffary; be it therefore enacted by the authority aforefaid, That from and after the faid first day of May, the faid method of taking up dittay, and exhibiting information by the Atress and porteous roll, thall be, and is hereby totally discharged and abolished to all intents and purposes whatsoever; any law or ftatute to the contrary in any way notwithstanding.

IV. And be it further enacted by the authority aforefaid, &c. to be by That informations in order to making up of dittays, concerning prefentments, crimes to be tried in the faid circuits in Scotland, from and after by the juftices in their quar- the faid firft day of May next, fhall be by prefentments to be made by the juftices of peace at their quarter feffions, or upon informations to be taken by the theriffs, ftewarts, baillies of regalities, and their deputies, magistrates of boroughs, or other inferior judges and magiftrates within the jurifdiction of the refpective circuits, concerning fuch crimes as are to be tried before the lords of justiciary in their circuits, in the months of July and February yearly; and the faid juftices of peace, at least two of them, are hereby required and authorized to meet at the head burgh of the refpective fhires within which they are justices, and at the ordinary place and hour of meeting, upon the twenty first day of the faid months of July and February respectively yearly, being lawful days, or on the next lawful day thereafter, there to receive fuch informations as shall be offered, concerning matters criminal to be tried in the circuits, and to revife fuch informations as have been taken before the time of the faid meetings by two or more of the juftices of the peace, otherwife than at their quarter meetings; and the faid fheriffs, ftewarts, baillies of the regalities, and their deputies, magiftrates of twice in the boroughs, and other inferior judges and magiftrates refpectiveyear to receive fuch informaly, fhall meet upon the twenty fecond days of the faid months of July and February respectively, yearly, being lawful days, or on the next lawful day thereafter, at the ordinary places and hour of their meetings, there to receive fuch informations as fhall be offered concerning matters criminal, to be tried in the circuits; and the faid juftices, fheriffs, ftewarts, baillies of reup accounts of galities, and their deputies, magiftrates of burghs, and other inferior judges and magiftrates, are hereby required and authorized to make up particular accounts of fuch criminal facts happening within their respective bounds, as are to be tried be fore the refpective circuits, containing the names and defignation of the offenders, the facts committed, with the circum

The sheriffs,

&c. to meet

tions,

and to make

crimes to be tried in the

circuits.

ftances

tions to be

ftances of time and place, and others that may ferve to discover the truth; containing alfo the names and defignations of the witneffes, and titles of such writes as are to be made use of at the trials; which informations are hereby appointed to be figned by The informa the faid juftices, or at least two of them, and their clerk, or by figned by 2 the said theriffs, ftewarts, baillies of regalities, or their deputies justices, &c. and clerks, or by magiftrates of boroughs, or other inferior and to be judges or magiftrates, and their clerks refpectively; and being transmitted to fo figned, the refpective clerks are also hereby required and au- the lord juftice thorized to tranfmit the fame, together with fuch writes or other evidence or proof, as are to be made use of in the trials before the judges at the respective circuits, to the lord juftice clerk, or his deputies at Edinburgh, at least forty days before the holding of the respective circuit courts; that being given to her Majefty's advocate, or fuch as discharge that truft in Scotland, libels and indictments may be raised and executed against parties, affyfers, and witneffes, according to the former laws and cuftom.

clerk, &c.

ftrates of ci

V. And be it further enacted by the authority aforefaid, That The magithe magiftrates of fuch cities and boroughs, where the refpec- ties, &c. ihall tive circuit courts are held, fhall be obliged to attend the said attend the lords of justiciary, during their abode in their respective cities lords of justiand boroughs; and that they prepare convenient benches and ciary, in their places for the juftices of the peace to fit on, and be prefent at ties, &c. and respective cithe faid courts; who are hereby declared to have and enjoy the prepare fame privileges in court, as the juftices of peace now enjoy in benches, &c. England.

not be re

VI. Provided nevertheless, That nothing in this act contain- The Queen's ed fhall be conftrued to reftrain her Majesty's advocat, or his advocate fhall fucceffors in office, in her Majefty's name, or any person or ftrained to persons, to inform and profecute any criminal action or caufe profecute any before the circuit court, in the fame way and manner as is in criminal acufe to be done before the jufticiary court at Edinburgh, or to alJuries to be reter or innovate the method of returning jurymen or affyfers by turn'd as forthe sheriffs, upon precepts directed to them, as formerly. merly.

CAP. XVII.

An act for explaining and making more effectual an act for the better enabling the mafter, wardens, and affiftants of Trinity House to rebuild the light houfe on the Edystone rock.

tion.

WHEREAS in and by one act of parliament made in the 4 & 5 Ann.

fourth and fifth years of the reign of her prefent Majesty c. 20. Queen Anne intituled, An act for the better enabling the master, wardens, and affiftants of Trinity Houfe to rebuild the light house on the Edystone rock; it is enacted, That from and after the placing a light ufeful for shipping, in the light houfe intended to be rebuilt on the faid rock, there shall be paid to the faid mafler, wardens, and affiftants, their fucceffors, and affigns, by the mafters and owners of all English hips, boys, and barques, which shall pass by the fame, (except coafters) the duty of one penny per ton cutwards bound, and`alfo

one