The Lords having read this Bill a second time, three Scotch Lords petitioned to be heard by their counsel against the said Bill; but it being represented by some English peers that the Lords being sole judges of what relates to the Peerage, they could not allow their rights and privileges to be questioned and canvassed by lawyers; and having to that purpose cited a precedent, viz. the case of the late duke Hamilton, when he claimed a seat in that house as duke of Brandon, the said petition of the three Scotch Lords was rejected without dividing.

(Cobbett Parlt. Hist. vii. 592.)

(The Bill was introduced into the House of Lords on November 25, 1719, and read a first time. On November 26 it was read a second time and committed. On November 27 it was in Committee; on November 28 it was passed through Committee and ordered to be ingrossed. It was read a third time on November 30. It was read a first time in the House of Commons on December 1. The second reading (203 against 158 votes) was deferred to December 18. And on that day the Bill was thrown out, after "a warm debate which lasted from one o'clock in the afternoon till near nine at night.")

(Hallam, iii. xvi.; Pike, H.L. 363; Coxe, Walpole, i. 116, ii. 170 et seq.; Lecky, H.E. i. 185; Mahon, H.E. i. 530.)

XXIX

ENGLISH IN THE LAW COURTS

4 Geo. II. Cap. 26, 1731.

An act that all proceedings in courts of justice within that part of Great Britain called England, and in the court of exchequer in Scotland, shall be in the English language.1

Whereas many and great mischiefs do frequently happen to the subjects of this kingdom from the proceedings in courts of justice being in an unknown language, those who are summoned and impleaded having no knowledge or understanding of what is alleged for or against them in the pleadings of their lawyers and attornies, who use a character not legible to any but persons practising the law; to remedy these great mischiefs, and to protect the lives and fortunes of the subjects of that part of Great Britain called England, more effectually than heretofore, from the peril of being ensnared or brought

1 It was extended to Wales by 6 Geo. II. c. 14.

in danger by forms and proceedings in courts of justice, in an unknown language, be it enacted. . . . That from and after the twentyfifth day of March one thousand seven hundred and thirty three, all writs, processes and returns thereof, and proceedings thereon, and all pleadings, rules, orders, indictments, informations, inquisitions, presentments, verdicts, prohibitions, certificates and all patents, charters, pardons, commissions, records, judgments, statutes, recognizances, bonds, rolls, entries, fines and recoveries, and all proceedings relating thereunto, and all proceedings of courts leet, courts baron, and customary courts, and all copies thereof, and all proceedings whatsoever in any courts of justice within that part of Great Britain called England, and in the court of exchequer in Scotland, and which concern the law and administration of justice, shall be in the English tongue and language only, and not in Latin or French, or in any other tongue or language whatsoever, and shall be written in such a common legible hand and character, as the acts of parliament are usually ingrossed in, and the lines and words of the same to be written at least as close as the said acts usually are, and not in any hand commonly called court hand, and in words at length and not abbreviated, any law, custom or usage heretofore to the contrary thereof notwithstanding: And all and every person or persons offending against this act, shall for every such offence forfeit and pay the sum of fifty pounds to any person who shall sue for the same, by action of debt, bill, plaint or information, in any of his Majesty's courts of record in Westminster-hall, or court of exchequer in Scotland respectively, wherein no essoin, protection or wager of law, or more than one imparlance, shall be allowed.

.

II. And be it further enacted . . That mistranslation, variation in form by reason of translation, misspelling or mistake in clerkship, or pleadings began or to be begun before the said twenty-fifth day of March one thousand seven hundred and thirty-three, being part in Latin and part in English, shall be no error, nor make void any proceedings by reason thereof; but that all manner of mistranslation, errors in form, misspellings, mistakes in clerkship, may at any time be amended, whether in paper or on record or otherwise, before or after judgment, upon payment of reasonable costs only.

III. Provided always, That nothing in this act, nor any thing herein contained, shall extend to certifying beyond the seas any case or proceedings in the court of admiralty; but that in such cases the commissions and proceedings may be certified in Latin as formerly they have been.

IV. And whereas several good and profitable laws have been enacted, to the intent that the parties in all manner of actions and demands might not be delayed and hindered from obtaining the effect of their suits, after issue tried and judgment given, by reason of any subtile, ignorant, or defective pleadings, nor for any defect in form, commonly called Jeofails; It is hereby enacted. . . That all and every statute and statute for the reformation and amending of the delays arising from any Jeofails whatsoever, shall and may extend to all and every form and forms, and to all proceedings in courts of justice (except in criminal cases) when the forms and proceedings are in English; and that all and every error and mistake whatsoever, which would or might be amended and remedied by any statute of Jeofails, if the proceedings had been in Latin, all such errors and mistakes of the same and like nature, when the forms are in English, shall be deemed, and are hereby declared to be amended and remedied by the statutes now in force for the amendment of any Jeofails; and this clause shall be taken and construed in all courts of justice in the most ample and beneficial manner, for the ease and benefit of the parties, and to prevent frivolous and vexatious delays.

XXX

A PLACE ACT

15 Geo. II. Cap. 22, 1742.

An act to exclude certain officers from being members of the House of Commons.

For further limiting or reducing the number of officers capable of sitting in the House of Commons, Be it enacted . . . That from and after the dissolution or other determination of this present parliament, no person who shall be commissioner of the Revenue in Ireland, or commissioners of the navy or victualling offices, nor any deputies or clerks in any of the said offices, or in any of the several offices following; that is to say, The office of Lord High Treasurer, or the Commissioners of the Treasury, or of the auditor of the receipt of his Majesty's Exchequer, or of the tellers of the Exchequer, or of the Chancellor of the Exchequer, or of the Lord High Admiral, or of the Commissioners of the Admiralty, or of the paymasters of the army, or of the navy, or of his Majesty's principal

Secretaries of State, or of the Commissioners of the Salt, or of the Commissioners of the Stamps, or of the Commissioners of Appeals, or of the Commissioners of Wine Licences, or of the Commissioners of Hackney Coaches, or of the Commissioners of Hawkers and Pedlars, nor any persons having any office, civil or military, within the Island of Minorca, or in Gibraltar, other than officers having commissions in any regiment there only, 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.

...

II. And be it further enacted . . . That if any person hereby disabled. . . shall nevertheless be returned as a member . . . such election and return are hereby enacted and declared to be void to all intents and purposes whatsoever: And if any person disabled and declared incapable ... shall, . . . 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 twenty pounds for every day in which he shall sit or vote in the said House of Commons, to such person or persons who shall sue for the same in any of his Majesty's Courts at Westminster; . . . and shall from thenceforth be incapable of taking, holding, or enjoying any office of honour or profit under his Majesty, his heirs or successors.

...

III. Provided always, That nothing in this act shall extend or be construed to extend, or relate to, or exclude the Treasurer or Comptroller of the Navy, the Secretaries of the Treasury, the Secretary to the Chancellor of the Exchequer, or Secretaries of the Admiralty, the Under Secretary to any of his Majesty's principal Secretaries of State, or the deputy paymaster of the army, or to exclude any person having or holding any office or employment for life, or for so long as he shall behave himself well in his office, anything herein contained to the contrary notwithstanding.

(Lecky, H.E. i. 447; Porritt, U.H.C. i. 204-222; Anson, L.C. i. v. 72-93.)

XXXI

AN ACT FOR THE PACIFICATION OF THE HIGHLANDS OF SCOTLAND

19 Geo. II. Cap. 39, 1746.1

An act for the more effectual disarming the Highlands in Scotland; and for the more effectually securing the peace of the said Highlands; and for the restraining the use of the Highland dress; and for further indemnifying such persons as have acted in defence of his Majesty's person and government, during the unnatural rebellion; and for indemnifying the judges and other officers of the Court of Justiciary in Scotland, for not performing the northern circuit in May one thousand seven hundred and forty-six; and for obliging the masters and teachers of private schools in Scotland, and chaplains tutors and governors of children or youth, to take the Oaths to his Majesty, his heirs and successors, and register the same.

Whereas by an act made in the first year of the reign of his late Majesty King George the First, of glorious memory, intituled, An act for the more effectual securing the peace of the Highlands in Scotland, it was enacted, That from and after the first day of November, which was in the year of our Lord one thousand seven hundred and sixteen, it should not be lawful for any person or persons (except such persons as are therein mentioned and described). . . to have in his or their custody, use, or bear, broad sword or target, poignard, whinger, or durk, side pistol, gun, or other warlike weapon, otherwise than in the said act was directed, under certain penalties appointed by the said act; which act having by experience been found not sufficient to attain the ends therein proposed, was further enforced by an act made in the eleventh year of the reign of his late Majesty, intituled, An act for more effectual disarming the Highlands in that part of Great Britain called Scotland; and for the better securing the peace and quiet of that part of the kingdom: And whereas the said act is now expired: And whereas many persons within the said bounds and shires still continue possessed of great quantities of arms, and there, with a great number of such persons, have lately raised and carried on a most audacious and wicked rebellion against

1 Virtually repealed.