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L A 
“ fundamental and effential conditions of” the union. 
2. That, whatever elfe may be deemed “fundamental and 
effential conditions,” the prefervation of the two churches, 
of England and Scotland, in the fame ftate that they were 
in at the time of the union, and the maintenance of the 
afts of uniformity which eftablilh our common prayer, 
are exprefsly declared fo to be. 3. That therefore any 
alteration in the conftitution of either of thofe churches, 
or in the liturgy of the church of England, (ur.Iefs with 
the confent of the refpeftive churches, collectively or re- 
prefentatively given,) would be an infringement of thefe 
“ fundamental and effential conditions,” an^ greatly 
endanger the union. 4. That the municipal laws of Scot¬ 
land are ordained to be Hill obferved in that part of the 
iiiand, urilefs altered by parliament; and, as the parlia¬ 
ment has not yet thought proper, except in a few inftances, 
to alter them, they ltijl (with regard to the particulars 
unaltered) continue in full force. Wherefore the muni¬ 
cipal or common laws of England are, generally fpeaking, 
of no force or validity in Scotland. 1 Comm. 97, gS, n. 
Afts of parliament in general, paffed lince the union, 
extend to Scotland ; but, where a ftatute is not applica¬ 
ble to Scotland, and where Scotland is not intended to be 
included, the method is to declare by provijo that it does 
not extend to Scotland. 3 Burr. 853. As to Berwick, 
lee vol. ii. p. 922, 3. 
At the time of the union it was agreed, that the mode 
of the election of the peers and commons fliould be fet¬ 
tled by an aft paffed in the parliament of Scotland; which 
was afterwards recited, ratified, and made part of the aft 
of union. As to the election of the fixteen peers, fee 
flat. 6 Ann. c. 23.. With refpeft to the forty-five com¬ 
moners, it was, by an aft of the Scotch parliament, (and 
fee flat. 6 Ann. c. 6,) enafted, that, of the forty-five, 
thirty fliould be elefted by the Ihires, and fifteen by the 
boroughs : that the city of Edinburgh (liould elect one ; 
and that the other royal boroughs (hould be divided into 
fourteen diftricts, and that each diftrift fliould return one; 
and it was alfo provided, that no perfon fliould eleft or 
be elefted one of the forty-five, but who would have been 
capable of elefting, or of being elefted, a reprefentative 
of a fliire or borough to the parliament of Scotland. The 
two flats. 9 Ann. c. 5, and 33 Geo. II. c. 20. requiring 
knights of (hires and members for boroughs to have rel- 
peftively 6ooi. and 300I. a-year, are exprefsly confined to 
England ; but, a commiflioner of a (hire nsuft be a free¬ 
holder ; and it is a general rule, that none can be elefted 
but thofe who can eleft. And it was formerly fuppofed, 
that it was neceffary that every reprefentative of a borough 
lhould be admitted a burgefs of one of the boroughs 
which he reprefented, till the contrary was determined by 
a committee of the houfe of commons in the cafe of the 
borough of Wigtown ; it Iti 11 holds generally true in Ihires 
in Scotland, that the qualifications of the eleftors and 
elefted are the fame ; or that eligibility and a right to eleft 
are convertible terms. 1 Comm. 97. n. 6. The election of 
members of parliament for Scotland is further regulated 
by Engiifh flatutes. The magiftrates are required to fum- 
mon the councils of boroughs ; and an oath is to be taken 
by every freeholder and voter as to the eftates to qualify 
them, that they are aftually their own, and not fiftitious : 
fheriffs or ffewards not to make any falfe return, &c. un¬ 
der the penalty of 500I. recoverable in a fummary way ; 
no judge of the court of feffion, or baron of the exche¬ 
quer, in Scotland, fliall be elefted a memberof parliament. 
•j Geo. II. c. 16. 36 Geo. II. c. 11. 14 Geo. III. c. 81. 
Several afts of parliament have been paffed, from time 
to time, for the internal regulation of various concerns of 
this part of the kingdom ; the following afts are of pub¬ 
lic and general importance. 
By flat. 6 Ann. c. 26, a court of exchequer is erefted 
in Scotland, to be a court of record, revenue, and judi¬ 
cature, for ever ; and barons of the faid court to be ap¬ 
pointed, who flial! be judges there. 
An act for difarming the highlands of Scotland ; and re~ 
w. 
quiring bail of perfons for their loyal and peaceable beha¬ 
viour, Sec. 1 Geo. I. 2. c. 54. Perfons fummoned are to 
bring in and deliver up their arms, or, refuling to do it, 
fliall be taken as lifled foldiers to ferve his majefly beyond 
the feas; and, concealing their arms, are liable to penal¬ 
ties. The lords lieutenants, or juiticesof the peace, may 
appoint perfons to learch houles for arms, &c. 11 Geo. I. 
c. 26. 
By the flats. 19 Geo. II. c. 39. 20 Geo. II. c. 51. 
21 Geo. II. c. 34. and 26 Geo. II. c. 29. provifions are fur¬ 
ther made for difarming the highlands, and reflraining the 
ufe of the highland drefs ; and the matters and teachers 
of private fchools, chaplains, tutors, and governors of 
youth and children, are to take the oaths to his majefly. 
When any ordinary place is vacant in the court of fef- 
fions in Scotland, the king may nominate a perfon, who 
is to be examined by the lords of the feffion, and then ad¬ 
mitted, &c. 10 Geo. I. c. 18. 
By 20 Geo. II. c. 43, the heritable jurifdiftions are 
taken away, and reftored to the crown ; more effeftuai 
provifion is made for the adminiflration of juftice by the 
king’s courts and judges there; and all,perfons acting as 
procurators, writers, or agents, in the law, are to take the 
oaths. By 20 Geo. II. c. 50, the tenure of ward-holding 
is taken away, and converted into blanch and feu holding. 
The cafualties of Angle and life-rent efeheats, incurred by 
horning and denunciation for civil caufes, are taken away. 
A fummary procefs is given to heirs and fuccelfovs againit 
fuperiors. The attendance of vafi’als at head-courts is 
diicharged. Heirs and pofftflors of tailzied eftates are 
empowered to fell to the crown. 
By 25 Geo. II. c. 20, certain doubts are obviated, that 
had aril'en with regard to the ad million of the vaffals of 
the principality of Scotland, and payment of their rents 
and duties. 
Peers of Scotland, and all officers, civil and military, 
&c. are to take the oath of abjuration, &c. A peer com¬ 
mitting high treafon or felony in Scotland may be tried 
by commillion under the great leal, conftituting juftices 
to inquire, &c. in Scotland; and the king may grant 
commilfions of oyer and terminer in Scotland, to deter¬ 
mine fuch treafon, Sec. 6 Ann. c. 14. 7 Ann. c. 21. 
Perfons having lands in Scotland, guilty of high trea¬ 
fon by correfponding with, affifting, or remitting money. 
See. to, the pretender, on conviftion, are to be liable to 
the pains of treafon ; and their vaffals, continuing in du¬ 
tiful allegiance, fliall hold the faid lands of his majefly in 
fee and heritage for ever, where the lands were fo held of 
the crown by the offender : and tenants continuing peace¬ 
able, and occupying land, are to hold the fame two years 
rent-free. 1 Geo. I. 2. c. 20. 
By flat. 19 Geo. II. c. 9, every juror for trial of high 
treafon, or mifprifion of treafon, lhall be polleHed in his 
own or his wife's right of lands, &c. as proprietor or 
life-renter within the fliire, &c. of the yearly value of 40s. 
fterling at leaft, or valued at 30s. flerling per ann. in the 
tax-roll. 
By 21 Geo. II. c. 19, offences of high treafon, com¬ 
mitted, in the fliire of Dumbarton, Stirling, Perth, Kin¬ 
cardine, Aberdeen, Invernefs, Nairn, Cromartie, Argyl, 
Forfar, Bamf, Sutherland, Caithnefs, Elgine, and Rofs, 
or the fliire or ttewarty of Orkney, may be inquired of in 
any fliire in Scotland, as lhall be affigned by the king-. 
Jurors may come out of adjoining counties. The prac¬ 
tice of taking down evidence in writing, in crimes not 
aifefting life or member, is abrogated. 
By 22 Geo. II. c. 48, the court before whom any in- 
diftment for high trealon, in Scotland, fliall be found, 
may ifl'ue writs of capias, proclamation, and exigent, 
againft the party, if not in cuflody ; whereon the defend¬ 
ant, hot appearing, fliall be deemed outlawed arid attaint¬ 
ed of high treafon, or mifprifion of high treafon ; perfons 
out of the kingdom, and returning within a year, may 
traverfe the indifttnent. 
By 25 Geo. II. c. 41, forfeited eftates in Scotland were 
3 annexed 
