of Scottish Peers, the precedent might be carried a great length. A year or two afterwards, a decision of the House of Lords, in relation to the right of Scottish peers who had been created British Peers, to sit in Parliament, was passed, which in reality rendered this resolution, to a great extent, nugatory, although it would still appear to have been generally acted upon. In the year 1711, in the case of the Duke of Hamilton, who had been created Duke of Brandon after the Union, the question having been put in the House of Lords, whether Scottish peers created peers of Great Britain since the Union, have a right to sit in that House, it was carried in the negative, by 57 votes to 52. Hence, as the resolution of 1708 applied only to those Scottish peers created British peers, and now sitting' in Parliament, its effect was in reality destroyed by the decision in the year 1711, with respect to those Scottish peers now disqualified from sitting. It would appear, however, that the Scottish peers created British peers, refrained from claiming a vote in the election of Scottish peers, from the fear that they would be held as acquiescing in the justice of the decision of 1711. But, in the year 1734, at the general election of Scottish peers, the Dukes of Hamilton and Queensbery, who also had been created British peers, voted under protest that their doing so should not be held to infer any renunciation of their right to sit in the House of Lords, as British peers'. After this period, however, the Scottish peers created British peers, appear to have still refrained from voting at elections. In the year 1782, a new decision was pronounced as to the rights of Scottish peers created British peers, to sit in the House of Lords. In that year, this point was, on the claim of the then Duke of Hamilton, referred by the House of Lords to the Judges; and an unani the Duke of Marlborough, who was Baron Aymouth in Scotland.P. 387. 1 mous opinion of those present was delivered, that the peers of Scotland are not disabled from receiving, subsequently to the Union, a patent of peerage of Great Britain, with all the privileges usually incident thereto. Upon this opinion the House came to the conclusion, that the Duke of Hamilton and Brandon was entitled to be summoned to Parliament, and the question is now at rest. The effect of this decision certainly was to revive the resolution 1708, because Scottish peers, who had been created British peers, were now entitled to sit in the House of Lords; and this resolution was accordingly again recognised by the House of Lords, in the year 1787, when they ordered a copy of the resolution to be transmitted to the Lord Clerk-Register, with an injunction to him to conform to it1. In the year 1793, however, the House of Lords came to an opposite determination on the subject. At the general election, in the year 1790, the Duke of Queensbery and the Earl of Abercorn, who had been created British peers, gave in signed lists, for certain of the candidates for the representation of the Scottish peerage. These lists it would appear that the clerks of Session refused to reckon. When the proceedings came under the review of the House of Lords, it was reported, on the 23d May 1793, as the opinion of the Committee of Privileges, that the Judges ought to be consulted on the point, whether a Scottish peer, sitting, or entitled to sit, in Parliament, as a British peer, is disabled from voting in elections of Scottish peers. It was carried in the House not to agree to this proposition of the Committee. It was afterwards, however, moved in the House, on the same day, That the votes of the Duke of Queensbery and the Earl of Abercorn, if duly tendered at the last election 'for electing sixteen peers of Scotland, ought to be counted,' which motion was carried in the affirmative. And, on the 6th 1 Robertson's Proceedings, p. 441. June 1793, a resolution of the Committee of Privileges having been reported, that the Duke of Queensbery and the Earl of Abercorn had sufficiently tendered their votes, by sending to the Clerk-Register, or his deputies, signed lists, with proper documents that they had qualified according to law, it was resolved in the House to agree to that resolution of the Committee. From this decision the Duke of Leeds, and the Earls of Kinnoul and Lauderdale, dissented'. The votes of Scottish peers who have been created British peers, are now received at the election of the sixteen Peers of Scotland, without objection. No peer can vote, or be elected, who is under twenty-one years of age?. The act 1707, c. 8, excludes all papists, or such as refuse when required to swear and subscribe the formula in the 3d act of the 8th and 9th session of King William's parliament3. 1 Journals of the House of Lords, vol. xxxix. p. 693 and 726-7-8. 2 1707, c. 8. 3 The formula is of the following tenor: I do sincerely, from my 'heart, profess and declare, before God, who searcheth the heart, that I 'do deny, disown, and abhor, these tenets and doctrines of the Papal Ro'mish Church, viz. the supremacy of the Pope and Bishop of Rome, over 'all pastors of the Catholic Church; his power and authority over kings, 'princes, and states, and the infallibility that he pretends to, either with⚫ out or with a general council; his power of dispensing and pardoning; 'the doctrine of transubstantiation, and the corporal presence, with the 'communion without the cup in the Sacrament of the Lord's Supper; the 'adoration and sacrifice professed and practised by the Popish Church in 'the mass; the invocation of angels and saints; the worshipping of 'images, crosses, and relics; the doctrine of supererogation, indulgencies, ' and purgatory; and the service and worship in an unknown tongue : 'All which tenets and doctrines of the said church I believe to be con. 'trary to, and inconsistent with, the written word of God. And I do 'from my heart deny, disown, and disclaim, the said doctrines and tenets ' of the Church of Rome, as in the presence of God, without any equivo'cation or mental reservation, but according to the known and plain 'meaning of the words, as to me offered and proposed. So help me 'God.' The act 6th Ann, c. 23, requires that peers shall take the oath of supremacy1, and the declaration, or test2. The latter act also requires, that they shall take and subscribe the oaths of allegiance and abjuration'. 16 -, do swear, that I do, from my heart, abhor, detest, and ab. 'jure, as impious and heretical, that damnable doctrine and position, 'that princes, excommunicated or deprived by the Pope, or any authority ' of the see of Rome, may be deposed or murdered by their subjects, or any other whatsoever; and I do declare, that no foreign prince, person, prelate, state, or potentate, hath, or ought to have, any jurisdiction, 'power, superiority, pre-eminence, or authority, ecclesiastical or spiri'tual, within this realm. So help me God.' 21 —, do solemnly and sincerely, in the presence of God, profess, 'testify, and declare, that I do believe, that, in the sacrament of the 'Lord's Supper, there is not any transubstantiation of the elements of 'bread and wine into the body and blood of Christ, at or after the conse'cration thereof, by any person whatsoever; and that the invocation or 'adoration of the Virgin Mary, or any other saint, and the sacrifice of the mass, as they are now used in the Church of Rome, are superstitious ' and idolatrous: And I do solemnly, in the presence of God, profess, testify, and declare, that I do make this declaration, and every part thereof, in the plain and ordinary sense of the words read unto me, as they 6 are commonly understood by English Protestants, without any evasion, equivocation, or mental reservation whatsoever, and without any dispen. sation already granted me for this purpose by the Pope, or any other au'thority or person whatsoever, or without any hope of any such dispen'sation from any person or authority whatsoever, or without thinking 'that I am or can be acquitted before God or man, or absolved of this ‘declaration, or any part thereof; although the Pope, or any other person or persons, or power whatsoever, should dispense with, or annul the same, or declare that it was null and void from the beginning.' · 6 361 that I will be faithful, and So help me God.' —, do sincerely promise and swear, 'bear all true allegiance to his Majesty, &c. 4I- do truly and sincerely acknowledge, profess, testify, and declare, in my conscience, before God and the world, that our sovereign lord King George, &c., is lawful and rightful king of this realm, and all ' other his Majesty's dominions and countries thereunto belonging: And I do solemnly and sincerely declare, that I do believe, in my conscience, 'that not any of the descendants of the person who pretended to be Prince ' of Wales, during the life of the late King James the Second, and since 'his death, pretended to be, and took upon himself the stile and title of By the act 19th Geo. II. c. 38, it is provided, that no Scottish peer shall be capable of voting or of being elected, who shall have been twice present, within a year of such election, at divine service in any episcopal meeting in Scotland, not held and allowed in pursuance of the act 10th Anne, c. 61; or not registered as directed by the act (19th Geo. II.); or where the minister did not in express words pray for the King by name, and all the royal family; and it is declared that this objection may be stated by any peer present at the election, and proved by one or more witnessess on oath, or by the oath of the peer objected to; which oath the Lord Clerk-Register, or Clerk of Session, may administer. 'King of England, by the name of James the Third, or of Scotland, by 'the name of James the VIIIth, or the stile and title of King of Great 'Britain, hath any right or title whatsoever to the crown of this realm, or any other the dominions thereto belonging; and I do renounce, re‘fuse, and abjure any allegiance or obedience to any of them; and I do 'swear, that I will bear faith and true allegiance to his majesty King • George, and him will defend, to the utmost of my power, against all 'traitorous conspiracies and attempts whatsoever, which shall be made ' against his person, crown, or dignity; and I will do my utmost endeavour to disclose and make known to his majesty, and his successors, all 'treasons and traitorous conspiracies, which I shall know to be against ' him, or any of them; and I do faithfully promise, to the utmost of my 'power, to support, maintain, and defend the succession of the crown ' against the descendants of the said James, and against all other persons 'whatsoever; which succession, by an act, entitled' An act for the further li'mitation of the crown, and better securing the rights and liberties of the subject,' is and stands limited to the Princess Sophia, Electress and Duchess Dow⚫ager of Hanover, and the heirs of her body, being Protestants: And all 'these things I do plainly and sincerely acknowledge and swear, according to 'these express words by me spoken, and according to the plain and com'mon sense and understanding of the same words, without any equivoca‘tion, mental evasion, or secret reservation whatsoever; and I do make ⚫ this recognition, acknowledgment, abjuration, renunciation, and promise ' heartily, willingly, and truly, upon the true faith of a Christian. So 'help me God.'-As corrected by 6th Geo. III. c. 53. 1 By this act, it is inter alia provided that the pastor must be ordained by a protestant bishop, and take certain oaths to government, and pray for the Queen; and that the meeting shall be with open doors. |