dead, according to the provision for the descent of the crown of England, made by another act of parliament in England in the first year of the reign of Their late Majesties, king William and queen Mary, entitled, An Act declaring the Rights and Liberties of the Subject and settling the Succession of the Crown.

ARTICLE III

That the United Kingdom of Great Britain be represented by one and the same parliament to be styled the Parliament of Great Britain.

ARTICLE IV

That all the subjects of the United Kingdom of Great Britain shall from and after the union have full freedom and intercourse of trade and navigation to and from any port or place within the said United Kingdom and the dominions and plantations thereunto belonging; and that there be a communication of all other rights, privileges and advantages, which do or may belong to the subjects of either kingdom, except where it is otherwise expressly agreed in these articles.

ARTICLE XVIII

That the laws concerning regulation of trade, customs and such excises, to which Scotland is by virtue of this treaty to be liable, be the same in Scotland from and after the union as in England; and that all other laws in use within the kingdom of Scotland do after the union and notwithstanding thereof remain in the same force as before, (except such as are contrary to dr inconsistent with this treaty), but alterable by the parliament of Great Britain; with this difference betwixt the laws concerning public right, policy and civil government and those which concern private right, that the laws which concern public right, policy and civil government may be made the same throughout the whole United Kingdom, but that no alteration be made in laws which concern private right, except for evident utility of the subjects within Scotland.

ARTICLE XIX

That the Court of Session or College of Justice do after the union, and notwithstanding thereof, remain in all time coming within Scotland, as it is now constituted by the laws of that kingdom, and that all inferior courts within the said limits do

remain subordinate, as they are now, to the supreme courts of justice within the same, in all time coming; and that no causes in Scotland be cognizable by the courts of chancery, queen's bench, common pleas, or any other court in Westminster Hall;

ARTICLE XXII

That by virtue of this treaty, of the peers of Scotland at the time of the union sixteen shall be the number to sit and vote in the house of lords, and forty-five the number of the representatives of Scotland in the house of commons of the parliament of Great Britain; and that when Her Majesty, her heirs or successors, shall declare her or their pleasure for holding the first or any subsequent parliament of Great Britain, until the parliament of Great Britain shall make further provision therein, a writ do issue under the great seal of the United Kingdom directed to the privy council of Scotland, commanding them to cause sixteen peers who are to sit in the house of lords to be summoned to parliament, and forty-five members to be elected to sit in the house of commons of the parliament of Great Britain, according to the agreement in this treaty, in such manner as by an act of this present session of the parliament of Scotland is or shall be settled; which act is hereby declared to be as valid as if it were a part of and engrossed in this treaty; and that the names of the persons so summoned and elected shall be returned by the privy council of Scotland into the court from whence the said writ did issue.

And the tenor of the aforesaid 'Act for securing of the Protestant Religion and Presbyterian Church Government within the Kingdom of Scotland' is as follows:

And further Her Majesty with advice aforesaid expressly declares and statutes, that none of the subjects of this kingdom shall be liable to, but all and every one of them forever free of any oath, test or subscription within this kingdom, contrary to or inconsistent with the foresaid true Protestant religion and Presbyterian church government, worship and discipline, as above established; and that the same within the bounds of this church and kingdom shall never be imposed upon or required of them in any sort; and lastly, that after the decease of Her present Majesty (whom God long preserve) the sovereign succeeding to her in the royal government of the kingdom of Great Britain shall

in all time coming, at his or her accession to the crown, swear and subscribe, that they shall inviolably maintain and preserve the foresaid settlement of the true Protestant religion, with the government, worship, discipline, right and privileges of this church, as above established by the laws of this kingdom, in prosecution of the Claim of Right.

X. May it therefore please Your most excellent Majesty, that it may be enacted; and be it enacted by the Queen's most excellent Majesty, by and with the advice and consent of the lords spiritual and temporal and commons in this present parliament assembled, and by the authority of the same, that all and every the said Articles of Union as ratified and approved by the said act of parliament of Scotland, as aforesaid, and hereinbefore particularly mentioned and inserted; and also the said act of parliament of Scotland for establishing the Protestant religion and Presbyterian church government within that kingdom, entitled, *, and every clause, matter and thing in the said articles and act contained, shall be, and the said articles and acts are hereby forever ratified, approved and confirmed.

245. The Place Act

(1707. 6 Anne, c. 7. First enacted in 1705, in 4 Anne, c. 8.

8 S. R. 742.)

XXIV. AND be it further enacted by the authority aforesaid, that no person 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 since the five and twentieth day of October in the year of our Lord one thousand seven hundred and five have been created or erected, or hereafter shall be created or erected, nor any person who shall be commissioner or sub-commissioner of prizes, secretary or receiver of the prizes, nor any comptroller of the accounts of the army, nor any commissioner of transports, nor any commissioner of the sick and wounded, nor any agent for any regiment, nor any commissioner for any wine licenses, nor any governor [or] deputy governor of any of the

plantations, nor any commissioners of the navy employed in any of the out ports, nor any person having any pension from the crown during pleasure, shall be capable of being elected or of sitting or voting as a member of the house of commons in any parliament which shall be hereafter summoned and holden.

XXV. Provided always, that 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 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; provided nevertheless that such person shall be capable of being again elected, as if his place had not become void as aforesaid.

XXVI. Provided also, and be it enacted, that in order to prevent for the future too great a number of commissioners to be appointed or constituted for the executing of any office, that no greater number of commissioners shall be made or constituted for the execution of any office, than have been employed in the execution of such respective office at some time before the first day of this present parliament.

XXVII. Provided also, that nothing herein contained shall extend or be construed to extend to any member of the house of commons, being an officer in Her Majesty's navy or army, who shall receive any new or other commission in the army or navy respectively.

XXVIII. And be it further enacted, that if any person hereby disabled, or declared to be incapable to sit or vote in any parliament hereafter to be holden, shall nevertheless be returned as a member to serve for any county, stewartry, city, town or Cinque port in any such parliament, such election and return are hereby enacted and declared to be void to all intents and purposes whatsoever; and if any person disabled or declared incapable by this act to be elected shall after the dissolution or determination of this present parliament presume to sit or vote as a member of the house of commons in any parliament to be hereafter summoned, such person so sitting or voting shall forfeit the sum of five hundred pounds, to be recovered by such person as shall sue for the same in England by action of debt, bill, plaint or information, wherein no essoin, protection or wager of law shall be allowed, and only one imparlance.

XXIX. And be it further enacted and declared, 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.

246. The Riot Act

(1715, July 20. 1 George I. stat. 2, c. 5. 13 S. L. 142.)

I. WHEREAS of late many rebellious riots and tumults have been in divers parts of this kingdom, to the disturbance of the public peace, and the endangering of His Majesty's person and government, and the same are yet continued and fomented by persons disaffected to His Majesty, presuming so to do, for that the punishments provided by the laws now in being are not adequate to such heinous offences; and by such rioters His Majesty and his administration have been most maliciously and falsely traduced, with an intent to raise divisions, and to alienate the affections of the people from His Majesty: therefore for the preventing and suppressing of such riots and tumults, and for the more speedy and effectual punishing the offenders therein; be it enacted by the king's most excellent Majesty, by and with the advice and consent of the lords spiritual and temporal and of the commons in this present parliament assembled, and by the authority of the same, that if any persons to the number of twelve or more, being unlawfully, riotously, and tumultuously assembled together, to the disturbance of the public peace, at any time after the last day of July in the year of our Lord one thousand seven hundred and fifteen, and being required or commanded by any one or more justice or justices of the peace, or by the sheriff of the county, or his under-sheriff, or by the mayor, bailiff, or bailiffs, or other head-officer, or justice of the peace of any city or town corporate, where such assembly shall be, by proclamation to be made in the king's name, in the form hereinafter directed, to disperse themselves, and peaceably to depart to their habitations, or to their lawful business, shall, to the number of twelve or more, (notwithstanding such proclamation made) unlawfully, riotously and tumultuously remain or continue together by the space of one hour after such command or request made by proclamation, that then such continuing together to the number of twelve or more, after such command or request made by proclamation, shall be adjudged felony without benefit of clergy, and the offenders