22d article of union. 1 W. & M. stat. 1. c. 8. 5 Ann. c. 8. until the parliament of Great Britain shal otherwise direct, shall take the respective oaths appointed to be taken instead of the oaths of allegiance and supremacy, by an act of parliament made in England in the first year of the reign of the late king William and queen Mary, intituled, An act for the abrogating the oaths of supremacy and allegiance, and appointing other oaths, and make, and subscribe, and audibly repeat the declaration mentioned in an act of parliament made in England in the thirtieth year of the reign of king Charles the second, intituled, An act for the more effectual preserving the king's person and government, by disabling papists from sitting in either house of parliament; aud shall take, and subscribe the oath mentioned, in an act of parliament made in England in the first year of her majesty's reign, intituled, An 1 Ann. stat. 1. act to declare the alterations in the oath 30 Car. 2. stat. 2. c. 1. C. 22. appointed to be taken by the act, intituled, An act for the farther security of his majesty's person, and the succession of the crown in the protestant line, and for extinguishing the hopes of the pretended prince of Wales, and all other pretenders and their open and secret abettors, and for declaring the association to be determined, at such time and in such manner as the members of both houses of parliament of England are, by the said respective acts, directed to take, make, and subscribe the same, upon the penalties and disabilities in the said respective acts contained: and it is declared, and agreed, that these words, "this realm," "the crown of this realm," and "the queen of this realm" mentioned in the oaths and declaration contained in the aforesaid acts, which were intended to signify the crown and realm of England, shall be understood of the crown 22d article of and realm of Great Britain; and that in that 5 Ann. c.8. sense the said oaths and declaration be taken and subscribed by the members of both houses of the parliament of Great Britain. § 12. And whereas since the passing the said act in the parliament of Scotland, for ratifying the said articles of union, one other act, intituled, An act settling the manner of electing the sixteen peers and forty-five members to represent Scotland in the parliament of Great Britain, hath likewise passed in the said parliament of Scotland at Edinburgh, the fifth day of February, 1707, the tenor whereof follows: union. "Our sovereign lady considering, that, by the twenty-second article of the treaty of union, as the same is ratified by an act passed in this "session of parliament, upon the sixteenth of January last, it is provided, That by virtue of "the said treaty, of the peers of Scotland, at Tenor of the the time of the union, sixteen shall be the "number to sit and vote in the house of lords, "and forty-five the number of the representa"tives of Scotland, in the house of commons Act. of the parliament of Great Britain, and that "the said sixteen peers, and forty-five members "in the house of commons be named and "chosen in such manner, as by a subsequent "act in this present session of parliament in "Scotland shall be settled; which act is thereby "declared to be as valid as if it were a part of, "and ingrossed in the said treaty: therefore, "her majesty, with advice and consent of the "estates of parliament, statutes, enacts, and or"dains, that the said sixteen peers, who shall How the six"have right to sit in the house of peers in the teen peers for "parliament of Great Britain, on the part of shall be elected Scotland to sit 5 Ann. c. 8. "Scotland, by virtue of this treaty, shall be "named by the said peers of Scotland, whom they represent, their heirs or successors, to "their dignities and honours, out of their own "number, and that by open election, and plu"rality of voices of the peers present, and of "the proxies for such as shall be absent, the "said proxies being peers, and producing a "mandate in writing, duly signed before wit nesses, and both the constituent and proxy "being qualified according to law; declaring "also that such peers as are absent, being qua"lified as aforesaid, may send to all such meet"ings lists of the peers whom they judge fittest, validly signed by the said absent peers, which "shall be reckoned in the same manner as if "the parties had been present, and given in the "said list; and, in case of the death, or legal incapacity of any of the said sixteen peers, "that the aforesaid peers of Scotland shall no"minate another of their own number in place "of the said peer or peers, in manner before "and after-mentioned; and that of the said forty-five representatives of Scotland in the "house of commons, in the parliament of Great land, thirty to " Britain, thirty shall be chosen by the shires (a) Of the fortyfive commoners for Scot be chosen by the shires, &c. and fifteen by the boroughs. (a)The order in which the shires were called in the Scottish parliament was that which follows. (See 1 Wight, 506.) Selkirk, Edinburgh, Berwick, * In order to prevent the Lanark, Peebles, • Dumfries, means of procuring suspensions, (injunctions in favor of freeholders who were unwilling to pay these fees,) it was declared null and void by an unprinted act of the parlia-ment, 1681.-1 Wight, 53, and Appendix, 420. "or stewartries, and fifteen by the royal bo- 5 Ann. c. g. "roughs, as follows, viz. one for every shire "and stewartry; excepting the shires of Bute Bute and Caith "and Caithness, which shall choose one by ness to choose "turns, Bute having the first election; the alternately. "shires of Nairn and Cromarty, which shall So Nairn and "also choose by turns, Nairn having the first Cromarty. "election; and in like manner the shires of "Clackmannan and Kinross shall choose by so Clackman turns, Clackmannan having the first election. nan and Kin"And in case of the death, or legal incapacity In case of "of any of the said members, from the respec- death or inca❝tive shires or stewartries above-mentioned to pacity of any "sit in the house of commons, it is enacted ther to be "and ordained, that the shire or stewartry who chosen by the "elected the said member shall elect another his place. ross. member, ano shire, &c. in Linlithgow, Argyle, • Mr. Wight, (1 vol. 468,) has given a curious minute of the parliament of Scotland of the 18th August, 1681, recording a letter from king Charles, noticing, that by the 101st act of the seventh parliament of James the first (of Scotland) the shire of KinToss was to be represented in parliament, but that almost all the shire came to belong to the earl of Morton and lord Burleigh, who, being themselves noblemen, did in parliament represent their own lands; but that sir William Bruce, of Balcaskie, hay Sutherland, h Zetland, ing acquired the earl of Mor- Edinburgh to have one. The other elect a com missioner. Commissioners vided into fourteen dis Commissioners 5 Ann. c. 8. " member in his place; and that the said fifteen "representatives for the royal boroughs be "chosen as follows, viz. that the town of Edinburgh shall have right to elect and send one "member to the parliament of Great Britain; " and that each of the other burghs shall elect burghs each to "a commissioner in the same manner as they are now in use to elect commissioners to the parliament of Scotland; which commissioners and burghs di-" and burghs (Edinburgh excepted) being di-"vided in fourteen classes or districts, shall tricts. "meet at such time and burghs, within their respective districts, as her majesty, her heirs within respec-or successors shall appoint, and elect one for "each district, viz. the burghs of * Kirkwall, Wick, Dornork, Dingwall, and Tayne, ▪ one; the burghs of Fortrose, Inverness, "Nairn, and Forress, one; the burghs of Elgin, Cullen, Bamff, Inverury, and "Kintore, one; the burghs of Aberdeen, "Inverbervy, Montrose, Aberbrothock, and "Brechin, one; the burghs of Forfar, 'Perth, "Dundee, Cowper, and 'St. Andrews, one; "the burghs of Crail, Kilrennie, 'Anstru "ther Easter,✦ Anstruther Wester‡, and Pit tive districts to meet and elect one for each district. 66 2 3 2 • The numbers affixed to each borough denote their precedence, according to the order in which they were called in the rolls of parliament of Scotland. See 1 Wight, 453, appendix. 2 See the charter by James third to the borough of inverness, dated 16th August, 1464. 1 Wight, 408, appendix. In 1672 the borough of Anstruther Wester made a surrender in parliament of its |