L A 
hi (hops, abbots, and other prelates, who had a feat in par¬ 
liament, as in England, on account of their benefices, or 
rather lands, which they held in capite, i. e. immediately 
of the crown, a. The barons, and the commiflioners of 
ihires, who were the reprefentatives of the fmaller barons, 
or the free tenants of the king. 3. The burgefles, or the 
reprefentatives of the royal boroughs. Craig allures 11s, 
nihil ratum ejfe, nihil legis vim habere, nifi quod, omnium trium 
ordinum confevfu conjuntdo conjlitutum ejl ; ita tamcn lit unius 
cujufque ordinis per je major pars confentiens pro toto ordine fif- 
Jiciat. Scio hodie controverti, an duo ordines dijfcntiente tertio, 
quaji major pars leges conderc poffint ; cujus partem negantcm 
boni omnes, el quicunque de hac re fcripferunt pertinacifime tucn- 
tur, alioqui duo ordines in everjionem tertii pqjfinl conjentire. 
De Feudis, lib. i. But fome writers have lince prefumed 
to controvert this doctrine. Wight, 83. It is Itrange that 
a great fundamental point, which was likely to occur fre¬ 
quently, (houId remain a fubjeX of doubt and contro- 
verfy. But we fhould now’ be inclined to think, that a 
majority of one of the eftates could not have refitted a ma¬ 
jority of each of the other two, as it cannot eafiiy be fup- 
pofed, that a majority of the fpiritual lords would have 
Confented to thole"ttatutes, which, from the year 1587 to 
the year 1690, yverecnacled for their impoverifliment, and 
finally for their annihilation. At the time of the union, 
the Scotch parliament conlifted only of the other two ef¬ 
tates. With regard to the laws concerning contrails and 
commerce, and perhaps alfo crimes, the law of Scotland is 
in a great degree conformable to the civil law; and this 
probably was owing to their frequent alliances and con¬ 
nexions with France and the continent, where the civil 
law chiefly prevailed. 
The Scotch aXs of parliament were, by mod ancient 
cullom, proclaimed in all the different (hires, boroughs, 
and baron-courts, of the kingdom. But, after the ttatutes 
came to be printed, that cnitom was gradually negleXed ; 
and, at laft, the publication at the market-crofs of Edin¬ 
burgh was declared fufficient; and they became obliga¬ 
tory forty days thereafter. 
In the reigns of king James II. and king Charles II. 
committioners were appointed to treat with commiflioners 
of Scotland, concerning an union ; but the bringing about 
this great work was rel'erved for the reign of queen Anne. 
The ttat. 1 Ann. c. 14. ordained articles to be fettled by 
committioners for the union of the two kingdoms, Sec. 
and by ttat. 5 Ann. c. 8, the union was effeXed. By this 
ttatute, the twenty-five Articles of Union, agreed to by 
the parliaments of both nations, were ratified and con¬ 
firmed ; the purport of the molt coufiderable being as 
follows : 
1. That on the firft of May, 1707, and for ever after, 
the kingdoms of England and Scotland (hall be united 
into one kingdom, by the name of Great Britain. 
a. The fucceffion to the monarchy of Great Britain 
fliall be the fame as was before fettled with regard to that 
of England. 
3. The united kingdom fliall be reprelented by one par¬ 
liament., 
4. There fliall be a communication of all rights and 
privileges between the fubjeXs of both kingdoms, except 
where it is otherwife agreed. 
9. When England raifes 2,ooo,oool. (accurately 
a,997,763I. 8s. 4^d.) by a land-tax, Scotland fliall raife 
48,0001. 
16, 17. The ftandards of the coin, of weights, and of 
meafures, fliall be reduced to thofe of England through¬ 
out the united kingdoms. 
18. The laws relating to trade, cuftoms, and the excife, 
fliall be the fame in Scotland as in England. But all the 
other laws of Scotland fliall remain in force ; though al¬ 
terable by the parliament of Great Britain. Yet with 
this caution, that laws relating to public policy are alter¬ 
able at the difcretion of the parliament : laws relating to 
private right are not to be altered but for the evident utility of the 
people if Scotland. 
W. 3S7 
■2.2. Sixteen peers are to be cliofen to reprefent the peer¬ 
age of Scotland in (each) parliament, and forty-five mem¬ 
bers to fit in the lioufe of commons. 
23. The fixteen peers of Scotland fliall have all privi¬ 
leges of parliament: and all peers of Scotland fliall be 
peers of Great Britain, and rank next after thofe of the 
fame degree at thfe time of the union, and fliall have all 
privileges of peers, except fitting in the houle of lords, 
and voting on the trial of a peer. 
It was formerly refolved by the lioufe of lords, that a 
peer of Scotland, claiming to fit in the Britilli houle of 
peers by virtue of a patent patted under the great ferd of 
Great Britain, had no right to vote in the election of the 
fixteen Scotch peers; and that no patent of honour grant¬ 
ed to any peer of Great Britain, who was a peer of Scot¬ 
land at the time of the unioh, fhould entitle him to fit in 
parliament. But in 1782, on the claim of the duke of 
Hamilton to fit as duke of Brandon, the quettion being 
referred to the judges, they were unanimoufiy of opinion, 
that the peers of Scotland were not difabled from receiv¬ 
ing, fubfequently to the union, a patent of peerage of 
Great Britain, with all the privileges ufually incident 
thereto; and the lioufe accordingly admitted the duke of 
Hamilton to fit as duke of Brandon. It feems now to be 
fettled, that a Scotch peer, made a peer of Great Britain, 
has a right to vote in the eleXion of the fixteen Scotch 
peers; and that, if any of the fixteen Scotch peers are 
created peers of Great Britain, they thereby ceafe to fit 
as reprefentatives of the Scotch peerage; and new 
Scotch peers mutt be cleXed in their room. 1 Comm. 
97. n. 7. 
25. All laws and ftatutesin either kingdom, fofarasthey 
are contrary to thefe articles, fliall ceafe and become void. 
From the time of Edward IV. till the reign of Charles II. 
both incluflve, our kings ufed frequently to grant, by 
their charter only, a right to unreprefented towns of fend¬ 
ing members to parliament. The laft time this preroga¬ 
tive was exercifed, was in the 29 Ch. II. who gave this 
privilege to Newark ; and it is remarkable, that it was 
alfo the firft time that the legality of this power was quel- 
tioned in the lioufe of commons, but it was then acknow¬ 
ledged by a majority of 125 to 73. Comm. Jour. 21 March , 
1676-7. But, notwithftanding it is a general rule in our 
law, that the king can never be deprived of his preroga¬ 
tives, but by the clear and exprefs words of an aX of par¬ 
liament ; yet it has been thought, from this laft article 
in the aft of union, that this prerogative of the crown is 
virtually abrogated, as the exercile of it would necefl'arily 
deftroy the proportion of the reprefentatives for the two 
kingdoms. 1 Doug. El. Cafes, 70. Preface to Glanv. Rep. and 
Simeon s Law of EleEl. 
Thefe are the principal of the twenty-five articles of 
union, which are ratified and confirmed by Itat. 5 Ann. 
c. 8. in which ftatute there are alfo two aXs of parliament 
recited ; the one of Scotland, whereby the church of Scot¬ 
land, and alfo the four univerfities of that kingdom, arc 
eftablilhed for ever, and all fucceeding fovereigns are to 
take an oath inviolably to maintain the fame ; the other 
of England, 5 Ann. c. 6. whereby the aEls of uniformity of 
13 Eliz. and 13 Car. II. (except as the fame had been al¬ 
tered by parliament at that time,) and all other aXs then 
in force for the prefervation of the church of England, 
are declared perpetual; and it is ftipulated, that every 
fublequent king and queen fliall take an oath inviolably 
to maintain the fame-within England, Ireland, Wales, 
and the town of Berwick-upon-Tweed. And itisenaXed, 
that thefe two aXs “ fliall for ever be obferved as funda¬ 
mental and eflential conditions of the union.” 
Upon thefe Articles and AX of Union, it is to be ob¬ 
ferved, 1. That the two kingdoms are now fo infepara- 
bly united, that nothing can ever difunite them again ; 
except the mutual confent of both, or the fuccefsfui re- 
fiftance of either, upon apprehending an infringement of 
thofe points which, when they were feparate and inde¬ 
pendent nations, it was mutually ftipulated fhould be 
“ fundamental 
