$ 6.

"land, by the name of James VIII, or the ftyle and title OATHS TA-❝ of king of Great Britain; and their adherents, and all JUSTICES."other enemies, who, either by open or fecret attempts,

KEN BY

Oath of ab. juration.

"shall disturb or disquiet his majesty in the poffefsion and "exercise thereof."

THE oath of abjuration was introduced by 6 Anne, ch. 14; but also materially altered by the ftatute 6 Geo. III, c. 53.

Ir presently is as follows:

"I, A B, do truly and fincerely acknowledge, profess, "testify, and declare, in my confcience before God and "the world, that our fovereign lord king George, is lawful " and rightful king of this realm, and all other his majes"ty's dominions and countries thereunto belonging. And "I do folemnly and fincerely declare, that I do believe in "my confcience, that not any of the defcendants of the

person who pretended to be prince of Wales, during the "life of the late king James II, and fince his decease pre"tended to be, and took upon himself the style and title "of, king of England, by the name of James III, or of "Scotland, by the name of James VIII, or the ftyle and "title of king of Great Britain, hath any right or title what"foever to the crown of this realm, or any other the do"minions thereunto belonging. And I do renounce, refuse, “ and abjure, any allegiance or obedience to any of them. "And I do fwear that I will bear faith and true allegiance "to his majefty king George, and him will defend to the " utmost of my power against all traitorous confpiracies and "attempts whatfoever which fhall be made against his per"fon, crown, or dignity. And I will do my utmost en"deavour to difclofe and make known to his majesty and "his fucceffors, all treafons and traitorous confpiracies "which I fhall know to be against him, or any of them.

" And I do faithfully promife, to the utmost of my power, "to fupport, maintain, and defend, the fucceffion of the

$6.

OATHS TA.
KEN BY

crown against the defcendants of the faid James, and JUSTICES. against all other perfons whatsoever; which fucceffion, by "an act, intitled, an act for the further limitation of the "crown, and better fecuring the rights and liberties of the "fubject, is, and ftands limited to the princefs Sophia, « electress and duchefs-dowager of Hanover, and the heirs "of her body, being proteftants. And all these things I "do plainly and fincerely acknowledge and fwear, accord

ing to thefe exprefs words by me fpoken, and according "to the plain common fenfe and underftanding of the fame "words, without any equivocation, mental evafion, or fecret "reservation whatfoever. And I do make this recognition, " acknowledgment, abjuration, renunciation, and promife, heartily, willingly, and truly, upon the true faith of a "Christian.”

THE oath of supremacy is in the following terms:

« I, A, B, do fwear, that I do from my heart abhor, de- Oath of fu"teft, and abjure, as impious and heretical, that damnable premacy. "doctrine and pofition, that princes excommunicated, or "deprived by the pope, or any authority of the fee of Rome,

may be depofed or murdered by their fubjects, or any other "whatfoever. And I do declare, that no foreign prince, "perfon, prelate, state, or potentate, hath, or ought to have, any jurisdiction, power, fuperiority, pre-eminence, or authority, ecclefiaftical or fpiritual, within this realm. So ແ help me God."

"

THIS oath was impofed by the ftatute 1 Geo. I, c. 13, § 1, upon all officers civil and military; but, Mr. Erskine obferves, has never been adopted in our practice ".

Inftitute, b. i, tit. 11, § 33.

§ 6.

DATHS TA

KEN BY

THESE Oaths must be taken and fubfcribed by every juf tice, within fix months, at the general or quarter-fessions of JUSTICES. the peace where he fhall be, or refide. There is a clause of indemnity, in some act, almost every session of parliament, to give farther time to juftices of the peace to take the oaths. But the indemnity is not extended to perfons against whom final judgment fhall have been given, nor to exempt any fueh justice from fuch penalties who shall, act without being duly qualified.

If taken only once.

By the ftatute 1 Geo. III, ch. 13, § 2, it is provided, that fuch as have once taken the oaths under a writ of dedimus poteftatem, fhall not be obliged, upon the issuing of a new commiffion, to fue out, or have any other dedimus poteftatem from the clerk of the crown; but the clerk of the peace, or his deputy, fhall, on every new commiffion being iffued, prepare a parchment roll, with the oaths annexed to, and ufually taken under the faid writ of dedimus poftetatem, engroffed on fuch roll, and fhall adminifter, without fee, to fuch justices, the oaths in such roll specified; which justices, having taken the faid oaths, fhall fubfcribe their names on the faid parchment roll; and the faid roll fhall be kept among the records of the feffions.

BUT, by the 7 Geo. III, c. 9, fuch perfons as have been, or fhall be, appointed juftices, by any commission granted by his prefent majefty, and have taken and subscribed, or fhall take and fubfcribe, the oaths mentioned in the said act of 1 Geo. III; and fuch perfons as fhall be appointed jus tices by any commiffion which fhall be granted after his majesty's demife, by any of his fucceffors, and fhall have, after iffuing the first commiffion, whereby fuch persons shall be appointed juftices in the reign of any fucceeding king, taken and fubfcribed the faid oaths, fhall not be obliged, during the reign of his present majesty, or during any future reign, in which fuch oaths fhall have been so taken and subscribed,

KEN BY

as aforefaid, to take and fubfcribe the fame oaths, by reafon $ 6. of such persons being again appointed juftices by any fubfe- OATHS TAquent commiffion which fhall be granted during any fuch JUSTICES reign. That is, they fhall not be obliged to take and fubscribe the faid oaths more than once in the fame reign. The parchment roll, containing the oaths and subscription of the juftices, is kept among the records of the feffions.

QUORUM OF

VII. JUSTICES of the quorum were a felect number, spe§ 7. cially fworn for their knowledge in the law. This diftinc- JUSTICES. tion never appears to have obtained in this country; and in effect is now done away even in England; as it has long been usual to repeat the whole names over in the quorum claufe. But this only expreffes the confidence of the crown in the knowledge and attention of all the juftices, " fince "all ftatutes that require the prefence of the quorum do "tacitly fignify such a learned man.”

OF THE

VIII. By the general ftatutes above mentioned, it was $8. provided, that the juftices " fhall have, during the time of PAYMENT "feflions, for every day of their abode (fo it do not ex- JUSTICES. "ceed the number of three days at the most at one time), "allowed to every one of them fourty fhillings of Scots

money dayly, to be paid and uplifted by the collector of

"the fines; but neither lord, bishop, privy-counsellor, or What jufti"feffiones, fhall have any fuch allowance.”

ces are not entitled to payment.

On the other hand, it was provided, "that all fuch juf- What jufti"tices as have the benefit of that allowance, and fhall be

ces liable to be punished

"absent from every ordinary quarter-feffions, or otherwife, by fine for

non-atten

"when he is required lawfully by the cuflos rotulorum, to dance.

" attend any particular meeting, fhall incur the penalty of

$ 8.

PAYMENT

OF THE JUSTICES.

How are

incurred in

"401. Scots money, not being lawfully excufed, and the ex"cufe allowed by the juftices there affembled.”

AND though juftices of the peace receive no pecuniary rejuftices indemnified compence for their very important extrafeffional fervices, yet for expence they are, as is juft and reasonable, always indemnified for extrafef- any pecuniary disbursements, or expence they may incur on account of the public, either on giving a note of it to the fheriff, who will present it, with his other accounts, in exchequer, or, in leffer matters, from fome county fund, such as the rogue money §.

fional bufi

nefs?

EXPIRY OF

THE OF

FICE;

by the king's de

IX. THE office of justice of the peace, which is held by virtue of the commiffion, naturally expires by the demife of the fovereign; but, by special statute ", it endures for fix months after, unless in the mean time it be made void by mile, or fix the fucceffor. And, for the fame reason, it may be recalled at his majesty's pleasure, either exprefsly by writ under the great feal, or tacitly, by omitting the name in a new commiffion. But, until notice, or publication of the new commiffion, the acts of the juftices under the former one are valid i.

months af

tcr.

BUT the king's death does not determine the authority of those who are confervators of the peace by virtue of letterspatent, or ratified charters; which cannot be recalled, unlefs they be forfeited, and the liberties feized, on account of fome great misdemeanour, or general defect, in the execution of their powers *.

From the records of the feffions of the county of Edinburgh, it appears frequently to have happened that the clerk or collector was in advance, from the expence of profecu tions, and other expences which he had disbursed. In fuch cafes it was customary to ordain him to retain

for his reimbursement the fines and other public money that should come into his hands. A practice, in more than one respect exceptionable.

h

1 Anne, ft. i, ch. 8, § 2.

i Dalt, ch. iii. Burns, tit. Justices. k Ibid.