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

therein shall be adjudged felons, and shall suffer death as in case of felony without benefit of clergy.

II. And be it further enacted by the authority aforesaid, that the order and form of the proclamation that shall be made by the authority of this act, shall be as hereafter followeth (that is to say) the justice of the peace, or other person authorized by this act to make the said proclamation shall, among the said rioters, or as near to them as he can safely come, with a loud voice command, or cause to be commanded silence to be, while proclamation is making, and after that, shall openly and with loud voice make or cause to be made proclamation in these words, or like in effect:

'Our sovereign lord the king chargeth and commandeth all persons, being assembled, immediately to disperse themselves, and peaceably to depart to their habitations, or to their lawful business, upon the pains contained in the act made in the first year of king George, for preventing tumults and riotous assemblies. God save the king.'

And every such justice and justices of the peace, sheriff, undersheriff, mayor, bailiff, and other head officer aforesaid, within the limits of their respective jurisdictions, are hereby authorized, empowered and required, on notice or knowledge of any such unlawful, riotous and tumultuous assembly, to resort to the place where such unlawful, riotous and tumultuous assemblies shall be, of persons to the number of twelve or more, and there to make or cause to be made proclamation in manner aforesaid.

III. And be it further enacted by the authority aforesaid, that if such persons so unlawfully, riotously, and tumultuously assembled, or twelve or more of them, after proclamation made in manner aforesaid, shall continue together and not disperse themselves within one hour, that then it shall and may be lawful to and for every justice of the peace, sheriff, or under-sheriff of the county where such assembly shall be, and also to or for every high or petty constable, and other peace officer within such county, and also to or for every mayor, justice of the peace, sheriff, bailiff, and other head-officer, high or petty constable, and other peace officer of any city or town corporate where such assembly shall be, and to and for such other person and persons as shall be commanded to be assisting unto any such justice of the peace, sheriff or under-sheriff, mayor, bailiff, or other headofficer aforesaid (who are hereby authorized and empowered to command all His Majesty's subjects of age and ability to be assisting to them therein) to seize and apprehend, and they are

hereby required to seize and apprehend such persons so unlawfully, riotously and tumultuously continuing together after proclamation made, as aforesaid, and forthwith to carry the persons so apprehended before one or more of His Majesty's justices of the peace of the county or place where such persons shall be so apprehended, in order to their being proceeded against for such their offences according to law; and that if the persons so unlawfully, riotously, and tumultuously assembled, or any of them, shall happen to be killed, maimed or hurt, in the dispersing, seizing or apprehending, or endeavouring to disperse, seize or apprehend them, by reason of their resisting the persons so dispersing, seizing or apprehending, or endeavouring to disperse, seize or apprehend them, that then every such justice of the peace, sheriff, under-sheriff, mayor, bailiff, head-officer, high or petty constable, or other peace-officer, or all and singular persons, being aiding and assisting to them, or any of them, shall be free, discharged and indemnified, as well against the king's Majesty, his heirs and successors, as against all and every other person and persons, of, for, or concerning the killing, maiming, or hurting of any such person or persons so unlawfully, riotously and tumultuously assembled, that shall happen to be so killed, maimed or hurt, as aforesaid.

247. The Septennial Act

(1716, April 26. 1 George I. stat. 2, c. 38. 13 S. L. 283.)

WHEREAS in and by act of parliament made in the sixth year

of the reign of their late Majesties king William and queen Mary (of ever blessed memory) entitled, An Act for the frequent Meeting and Calling of Parliaments: it was among other things enacted, that from thenceforth no parliament whatsoever, that should at any time then after be called, assembled or held, should have any continuance longer than for three years only at the farthest, to be accounted from the day on which by the writ of summons the said parliament should be appointed to meet: and whereas it has been found by experience, that the said clause hath proved very grievous and burdensome, by occasioning much greater and more continued expenses in order to elections of members to serve in parliament, and more violent

and lasting heats and animosities among the subjects of this realm, than were ever known before the said clause was enacted; and the said provision, if it should continue, may probably at this juncture, when a restless and popish faction are designing and endeavouring to renew the rebellion within this kingdom, and an invasion from abroad, be destructive to the peace and security of the government: be it enacted by the king's most excellent Majesty, by and with the advice and consent of the lords spiritual and temporal, and commons, in parliament assembled, and by the authority of the same, that this present parliament, and all parliaments that shall at any time hereafter be called, assembled or held, shall and may respectively have continuance for seven years, and no longer, to be accounted from the day on which by the writ of summons this present parliament hath been, or any future parliament shall be, appointed to meet, unless this present, or any such parliament hereafter to be summoned, shall be sooner dissolved by His Majesty, his heirs or successors.

248. The Peerage Bill

(1719, March 14. Cobbett's Parliamentary History, vii. 592.)

1. THAT in lieu of the 16 elective peers, to sit in this house on the part of Scotland, 25 peers to be declared by his Majesty shall have hereditary seats in parliament and be the peers on the part of the peerage of Scotland.

2. That such 25 peers shall be declared by his Majesty, before the next session of parliament.

3. That 9 of the said 25 shall be appointed by his Majesty to have immediate right to such hereditary seats in parliament, subject to the qualifications requisite by the laws now in being.

4. That none of the remaining 16 so to be declared by his Majesty, or their heirs, shall become sitting peers of the parliament of Great Britain, until after the determination of this present parliament, except such as are of the number of the 16 peers now sitting in parliament on the part of Scotland, and their heirs.

5. That if any of the 25 peers so to be declared by his Majesty, and their heirs shall fail, some one or other of the peers of Scotland shall be appointed by his Majesty, his heirs and successors, to succeed to every such peer so failing; and every peer so