[Act for securing free voting in parliament and for excluding officers of the army, etc.]

Forasmuch as it will be much for the security of this nation that the members of parliament be at absolute freedom in their voting, and that all occasions of tempting them to be in any way biased in giving their advice and voting in parliament and convention be avoided, therefore, our sovereign lady, with advice and consent of the estates of parliament, prohibits and discharges all persons whatsoever to give, offer or promise to procure to be given to them any office civil or military, or any other good deed, directly or indirectly, by themselves or others, or threaten any of the said members in order to the giving of their advice or vote in parliament or convention as to any matter that shall come before them, under the pain of infamy and loss of office, and to be for ever incapable of any public trust or office in time coming, and to be fined in the sum of £10,000 besides, to be paid to the party discoverer and who shall pursue and obtain the party guilty to be convicted. As also prohibits and discharges all members of parliament or convention to take, accept or receive any sum, or sums of money, office, or any other good deed whatsoever, directly or indirectly, by themselves or others, upon the account of their giving their advice or vote in parliament or convention, as to any matters that shall come before them, under the same penalty as in the case above-expressed. And further, that any member of parliament or convention that shall give, offer or receive any sum, or sums of money, office or other good deed, upon the account aforesaid, shall be expelled from the house and declared forever incapable to sit and vote in parliament or convention, or to choose or be chosen a commissioner to the parliament or convention. And it is hereby declared that it shall be lawful to any of the lieges to pursue the contraveners of this act, either before the parliament, lords of privy council and lords of session, lords of justiciary or any other judges competent for the said crime, which may be proven by the defender's oath or any other legal probation. And further statutes and ordains that no officers of the army, forts or garrisons, receivers or collectors of the public revenues, tacksmen, collectors, surveyors, collectors or others concerned in the customs or excise, nor any other person having a pension from her majesty during pleasure, shall be capable to be elected a commissioner to represent the barons or burghs in parliament; and in case any member elected shall during the currency of this or any other parliament accept any commission to be officer of the army, forts or garrisons, or any letter of pension, or be tacksman, or have any concern as managers, collectors, surveyors or other offices about the customs or excise, or employed to receive the public rents and revenues, upon the acceptance thereof the said commission to represent the barons or burghs shall fall and become null and void, and the barons or burghs whom they represented are hereby authorised to elect others to represent them in their place.

  1. NAS. PA6/35, 'August 19 1704'. Printed copy bound after 1704 printed minutes in NAS. PA3/7. Back