concerning the Revenues of Customs and Excifes there, having the fame Power and Authority in fuch Cafes, as the Court of Exchequer has in England; and that the faid Court of Exchequer in Scotland have Power of paffing Signatures, Gifts, Tutories, and in other Things as the Court of Exchequer at prefent in Scotland bath; and that the Court of Exchequer that now is in Scotland, do remain, until a new Court of Exchequer be fettled by the Parliament of Great Britain, in Scotland, after the Union; and that after the Union, the Queen's Majefty and her Royal Succeffors may continue a Privy Council in Scotland, for preferving the Publick Peace and Order, until the Parliament of Great Britain fhall think fit to alter it, or establish any other effectual Method for that End. 20. That all heritable Offices, Superiorities, heritable Jurifdictions, Offices for Life, Jurifdictions for Life, be referved to the Owners thereof, as Rights of Property, in the fame manner as they are now enjoyed by the Laws of Scotland, notwithstanding this Treaty. 21. That the Rights and Privileges of the Royal Burroughs in Scotland as they now are, do remain intire after the Union, and notwithfanding thereof. 22. That by Virtue of this Treaty of the Peers of Scotland, at the Time of the Union, Sixteen fhall be the Number to fit and vote in the House of Lords, and Forty-five the Number of the Reprefentatives of Scotland in the House of Commons of the Parliament of Great Britain; and that when her Majefty, her Heirs or Succeffors, fhall declare her or their Pleafure, for holding the frft, or any fubfequent Parliament of Great Britain, until the Parliament of Great Britain hall make further Provifion therein, a Writ do iffue under the Great Seal of the United Kingdom, directed to the Privy Council of Scotland, commanding them to cause fixteen Peers, who are to fit in the Houfe of Lords, to be fummoned to Parliament, and forty-five Members to be elected to fit in the House of Commons of the Parliament of Great Britain, according to the Agreement in this Treaty, in fuch manner as by an Act of this prefent Seffion of the Parliament of Scotland is er fhall be fettled; which Att is hereby declared to be as valid as if it were a Part of, and engrossed in this Treaty: And that the Names of the Perfons fo fummoned and elected fhall be returned by the Privy Council of Scotland into the Court from whence the faid Writ did iffue. And that if ber Majefty, on or before the firft Day of May next, on which Day the Union is to take Place, shall declare under the Great Seal of England, that it is expedient that the Lords of Parliament of England, and Commons of the prefent Parliament of England, fould be the Members of the refpective Houses of the fift Parliament of Great Britain, for and on the Part of England, then the faid Lords of Parliament of England, and Commons of the prefent Parliament of England, hall be the Members of the reSpective Houfes of the firft Parliament of Great Britain, for and en the Part of England. And ber Majefly may by her royal Proclamation, under the Great Seal of Great Britain, appoint the said first Parliament of Great Britain to meet at fuch Time and Place as her Majefty fhall think fit, which Time fhall not be less than fifty Days after the Date of fuch Proclamation, and the Time and Place of of meeting of such Parliament being fo appointed, a Writ fhall be immediately iffued under the Great Seal of Great Britain, directed to the Privy Council of Scotland, for the fummoning the fixteen Peers, and for electing forty-five Members by whom Scotland is to be reprefented in the Parliament of Great Britain: And the Lords of Parliament of England, and the fixteen Peers of Scotland, fuch fixteen Peers being fummoned and returned in the Manner agreed in this Treaty; and the Members of the Houfe of Commons of the faid Parliament of England, and the forty-five Members for Scotland, fuch forty-five Members being elected and returned in the Manner agreed in this Treaty, all affemble and meet respectively in their respective Houfes of the Parliament of Great Britain, at fuch Time and Place as fhall be fo appointed by her Majefty; and fhall be the two Houfes of the firft Parliament of Great Britain, and that Parliament may continue for fuch Time only as the prefent Parliament of England might have continued, if the Union of the two Kingdoms had not been made, unless fooner diffolved by her Majefty; and that every one of the Lords of Parliament of Great Britain, and every Member of the Houfe of Commons of the Parliament of Great Britain in the firft, and all fucceeding Parliaments of Great Britain, until the Parliament of Great Britain hall otherwife direct, fhall take the respective Oaths appointed to be taken, inftead of the Oaths of Allegiance and Supremacy, by an Act of Parliament made in England in the firft Year of the Reign of the late King William and Queen Mary, intituled, An Act for the Abrogating of the Oaths of Supre macy and Allegiance, and appointing other Oaths; and make, jubfcribe, and audibly repeat the Declaration mentioned in an A& of Parliament made in England in the thirtieth Year of the Reign of King Charles the Second, intituled, An A&t for the more effectual preferving the King's Perfon and Government, by difabling Papifts from fitting in either House of Parliament, and shall take and fubfcribe the Oath mentioned in an Act of Parliament made in England in the first Year of her Majefty's Reign, intituled, An Act to declare the Alteration, in the Oath appointed to be taken by the A&t intituled, An A&t for the further Security of his Majefty's Perfon, and the Succeffion of the Crown in the Proteftant Line; and for extinguishing the Hopes of the pretended Prince of Wales and all other Pretenders, and their open and fecret Abettors; and for the declaring the Affociation to be determined at fuch Time and in fuch Manner as the Members of both Houfes of Parliament of England are by the faid respective Acts, directed to take, make, and fubfcribe the fame, upon the Penalties and Difabilities in the faid respective Acts contained. And it is declared and agreed, that thefe Words, This Realm, the Crown of this Realm, and the Queen of this Realm, mentioned in the Oaths and Declarations contained in the aforefaid Acts, which were intended to fignify the Crown and Realm of England, fhall be underflood of the Crowns and Realm of Great Britain; and that in that Senfe, the faid Oaths and Declaration be taken and fubferibed by the Members of bath Houfes of the Parliament of Great Britain. $3. That 23. 24. That from and after the Union, there be one Great Seal for the United Kingdom of Great Britain, which shall be different from the Great Seal now used in either Kingdom; and that the Quartering the Arms, and the Rank and Precedency of the Lyon King at Arms of the Kingdom of Scotland, as may beft fuit the Union, be left to ber Majefty: And that in the mean Time, the Great Seal of England be used as the Great Seal of the United Kingdom; and that the Great Seal of the United Kingdom be used for fealing Writs to elect and fummon the Parliament of Great Britain, and for fealing all Treaties with Foreign Princes and States, and all publick Atts, Infruments, and Orders of State, which concern the whole United Kingdom, and in all other Matters relating to England, as the Great Seal of England is now used; and that a Seal in Scotland, after the Union, be always kept, and made ufe of in all things relating to private Rights or Grants, which have ufually paffed the Great Seal of Scotland, and which only concern Officers, Grants, Commiffioners, and private Rights within that Kingdom: And that until fuch Seal shall be appointed by her Majefty, the prefent Great Seal of Scotland shall be used for fuch Purposes: And that the Privy Seal, Signet Claffet, Signet of the Jufticiary Court,Quarter Seal,and Seals of Courts,now used in Scotland, be continued: But that the faid Seals be altered and adap ted to the State of the Union, as her Majefty fball think fit; and the faid Seals and all of them, and the Keepers of them, shall be subject to fuch Regulations as the Parliament of Great Britain shall bereafter make; And that the Crown, Scepter, and Sword of State, the Re That the aforefaid fixteen Peers of Scotland, mentioned in the loft preceding Article, who are to fit in the House of Lords of the Parlia ment of Great Britain, shall have all the Privileges of Parliament which the Peers of England now bave, and which they, or any Peers of Great Britain, fhall have after the Union; and particularly the Right of fitting upon the Trials of Peers: And in Cafe of the Trial of any Peer, in Time of Adjournment or Prorogation of Parliament, the faid fixteen Peers fhall be fummoned in the fame Manner, and have the fame Powers and Privileges at fuch Trials, as any other Peers of Great Britain : And that, in Cafe any Trials of Peers hall hereafter happen, when there is no Parliament in Being, the fixteen Peers of Scotland, who fat in the laft Parliament, shall be Summoned in the fame Manner, and bave the fame Powers and Privileges at fuch Trials, as any other Peers of Great Britain: And that all Peers of Scotland, and their Succeffors to their Honours and Dignities, fhall from and after the Ŭnion, be Peers of Great Britain, and have Rank and Precedency next and immediately after the Peers rs of the like Orders and Degrees in England at the Time of the Union, and before all Peers of Great Britain, of the like Orders and Degrees, who may be created after the Union; and shall be tried as Peers of Great Britain; and shall enjoy all Privileges of Peers, as fully as the Peers of England do now, or as they or any other Peers of Great Britain may hereafter enjoy the fame, except the Right and Privilege of fit ing in the Houfe of Lords, and the Privileges depending thereon, and particularly the Right of fitting upan the Trials of Peers. cards tords of Parliament, and all other Unity of Poffeffion, denotes a Records, Rolls and Regifters whatfoever, both Publick and Private, General and Particular, and Warrants thereof, continue to be kept as they are within that Part of the United Kingdom now called Scotland; and that they shall foremain in all Time coming, notwithstanding of the Union. 25. That all Laws and Statutes in either Kingdom, fo far as they are contrary to, or inconfiftent with the Terms of thefe Articles, or any of them, fhall from and after the Union ceafe and become void, and fhall be fo declared to be, by the refpective Parliaments of the faid Kingdoms. Notwithstanding the above written Articles, it is by 6 Anna, cap. 14. enacted, That a Peer committing High Treason, or Felony in Scotland, may be tried by Commiffion under the Great Seal, conftituting Juftices, &c. to make Enquiry thereof, &c. in Scotland; and Commiffions of Oyer and Terminer in Scotland, to determine fuch Treafons, &c. are grantable by the King. By another Statute, viz. 7 Anna, cap. 21. Perfons having Lands in Scotland, and being guil joint Pofleffion of two Rights, by feveral Titles; as where a Perfon takes a Leafe of Land, &c. from one upon a certain Rent, and afterwards buys the Fee-fimple; this is a Unity of Poffeffion, whereby the Leafe is extinguished, by Reafon that the Perfon who before had the Occupation only for his Rent, is become Lord of the fame, and is to pay his Rent to none but himfelf. Cowel. niversity, is taken for a Place where all Kinds of Literature are ufually taught. The Universities in this Kingdom are taken for those two Bodies that are the Nurseries of Learning and liberal Sciences, viz. Oxford and Cambridge; which two Places are endowed with great Privileges. nlage, is taken for an unjust Law ; and in that Senfe it is used in Leg. Hen. 1.cap. 34. unlawful fembly, denotes the Meeting of three or more Perfons together, by Force, in order to commit fome unlawful A&t, and continuing together, tho' nor en deavouring the Execution thereof; as to affault or beat a Perfon, to enter his House and Land, &c. See flembly. ty of High, Treafon, by corre-nques prit, That is to fay, al fponding with, affifting, or remitting Money, &c. to the Perfon called the Pretender, on Conviction, are liable to the Pains of Treafon; and in cafe their Vaffals continue in dutiful Allegiance, they fhall hold the faid Lands of her Majefty in Fee and Heritage for ever, in cafe those Lands were fo held of the Crown by the Offender; and Tenants that continue peaceable and occupy the Lands forfeited, may hold the fame two Years rent-free. See Geo. 1. cap. 20. ways ready to perform that which the Demandant or Plaintiff requires; and it is used in pleading to an Action, which if the Plaintiff cannot prove to the contrary, according to Kitch. he fhall recover no Damages. Mociferatio, fignifies an Outcry, or Hue and Cry. Woidance, denotes a want of an In cumbent upon an Ecclefiaftical Benefice; and this is twofold, either in Law, as where a Man has more Benefices incompatible; or in Deed, as as when the Incumbent is dead, or actually deprived. oid and oidable, are Terms frequently used in our Law. A thing may be faid to be void, that is done contrary to Law at the time of the doing of it, and no Perfon fhall be bound thereby: But where a thing is only voidable, and not void, altho' it be what the Perfon that did it ought not to have! done; yet, when it is done, the Doer cannot avoid the fame; notwithstanding by fome Act in Law it may be made void by his Heir, &c. oire dire is a Term ufed, when it is prayed upon a Trial at Law, that the Witness may on Oath fpeak the Truth, whether he fhall get or lofe by the Matter inControverty; and according to Blount, in cafe it appear that he is unconcerned or difinterefted, his Teftimony is allowed, otherwife not. In Termes de la Ley, a Witnefs is faid to be examined upon a Voire dire, where he is fworn and examined, Whether he be not a Party interested in the Caufe, as well as the Party for whom he is an Evidence, viz. the Plaintiff or Defendant? Molumus, Is the firit Word ufed in a Claufe of the King's Writs of Protection and Letters Patent. Woluntas, is where a Tenant on Leafe holds Lands, c. at the Will of the Leffor, or Lord; and that is in two Manners; that is to fay, where a Perfon makes a Leafe to another of Lands, &c. to hold at the Will of the Leffor, in which Cafe he may put him out at his Pleafure: But if the Tenant fow the Ground, and the Landlord puts him out, then the Tenant fhall have his Corn with free Egrefs and Regrefs, till it be ripe to cut, and afterwards carry it out of the Ground. The other Tenant at Will of the Lord, is by Copy of Court-Roll, according to the Custom of the Manor; which Tenant may furrender the Land into the hands of the Lord, in pur. fuance of that Custom, to the Ufe of another for Life, in Fee, or in Tail; and in that Cafe he fhall take the Land of the Lord, or his Steward, by Copy, and fhall make Fine to the Lord. Corvel. Mouch, in a Legal Sense is taken to call one to warrant Lands, &c. oucher, is a Term in Law, and is when a Tennant calls another into Court, who is bound to him to Warranty; and is either to defend the Right against the Demandant, or yield him other Lands to the Value, &c. And it extends to Lands or Tenements of Freehold or Inheritance, but not to any thing Perfonal or Mixt. He that voucheth is called the Voucher, and the Perfon that is vouched, is called the Vouchee. The Procefs by which the Voucher, is caled, is a Summoneas ad Warrantizandum, on which Writ, in cafe the Sheriff return that the Party has nothing whereby he may be fummoned, there iffues another Writ called Sequatur fub fuo periculo, &c. A Recovery with fingle Voucher is, when there is but one Voucher; and with Double Voucher, when the Vouchce voucheth over; and fo a treble Voucher. There is likewife a Foreign Voucher, which is where the Tenant be ing impleaded within a particular Jurifdiction, as in London, or the like, voucheth one to warranty, and prays that he may be fummoned in fome other County, out of the Jurifdiction of that Court, and this may more aptly be called a Voucher of a Foreigner. or, is a Word used by Bra&on, to fignify an infamous Perfon, viz. fuck |