2 3 4 "tenweem, one; the burghs of' Dysart, Kirk- 5 Ann. c. 8.: "caldie, Kinghorn, and Burntisland, one; "the burghs of Innerkeithing, Dumferling, " Queensferry, +Culross, and 'Stirling, one; "the burghs of 'Glasgow, Renfrew, Ru"therglen, and Dumbarton, one; the burghs "of Haddingtoun, Dunbar, North Ber"wick, Lawder, and Jedburgh, one; the burghs of Selkirk, Peebles, 'Linlithgow, " and Lanerk, one; the burghs of 'Dumfries, 66 5 Sanquhar, Annan, Lochmaban, and Kircudbright, one; the burghs of 'Wigtoun, New-galloway, Stranrawer, and White"hern, one; and the burghs of Air*, Ir"vine, Rothesay, Campbletown, and Inverary, one. And it is hereby declared and "ordained, that where the votes of the com- Where the "missioners for the said burghs met to choose votes at elec"representatives from the several districts equal, the pre"to the parliament of Great Britain, shall be sident to have “equal, in that case the president of the meet- vote. "ing shall have a casting or decisive vote, and "that by and according to his vote as a com"missioner from the burgh from which he is "sent; the commissioner from the eldest burgh Commissioners presiding in the first meeting, and the com- for the burghs to pre"missioners from the other burghs, in their side by turns. "respective districts, presiding afterwards, by. 3 trates and inhabitants their charter of royalty. 1Wight, 48, and appendix, 415, where the act is set out. No commissioner was sent from this borough from 1672 till the meeting of the convention in 1689. 1 Wight, 48. See a warrant for a poll election for this borough, 1 Wight, 486. See the charter from William the Lion, erecting the borough of Ayr. Wight, 331. 475. The year is not mentioned. It recites his hav ing built a castle at Ayr, (which is said to have been done in 1197;) so that it must have been subsequent to that time. tions are (see cxii. cxiii) In case of death, or incapacity, another to be chosen. 5 Ann. c.8. "turns, in the order as the said burghs are now called in the rolls of the parliament of "Scotland; and in case that any of the said "fifteen commissioners from the burghs shall "decease, or become legally incapable to sit "in the house of commons, then the town "of Edinburgh, or the district which choosed "the said member, shall elect a member in his or their place. It is always hereby expressly provided and declared, that none shall be capable to elect, or be elected, "for any of the said estates, but such as are twenty-one years of age compleat, and pro"testants, excluding all papists, or such, who being suspected of popery, and required, of the refuse to swear and subscribe the formula*, None but those of 21 years of age, and protestants, and who make the formula, if required, capable to vote, or to be elected for any estates, "contained in the third act made in the eighth 5 Ann. e. 8. " and ninth sessions of king William's parlia"ment, intituled, An act for preventing the "growth of popery: And also declaring, for any place in Scotland, but such as might for the parlia "that none shall be capable to elect, or be None to elect "elected, to represent a shire or burgh in the or be elected parliament of Great Britain, for this part of "the united kingdom, except such as are now "capable, by the laws of this kingdom, to "elect, or to be elected as commissioners for "shires or burghs to the parliament of Scotland. "And further, her majesty, with advice and consent aforesaid, for the effectual and or"derly election of the persons to be chosen to 66 ment of Scot land. sit, vote, and serve, in the respective houses Upon calling "of the parliament of Great Britain, when parliament, "her majesty, her heirs and successors shall directed to the "declare her or their pleasure for holding the Privy council "first, or any subsequent parliament of Great of Scotland. Britain, and when for that effect a writ shall "be issued out under the great seal of the "united kingdom, directed to the privy council "of Scotland, conform to the said twenty"second article, statutes, enacts, and ordains, "that until the parliament of Great Britain "shall make further provision therein, the said Who are to "writ shall contain a warrant and command to issue a procla "the said privy council to issue out a proclama- electing six"tion in her majesty's name, requiring the peers Scotland. "of Scotland for the time, to meet and assemble "at such time and place, within Scotland, as "her majesty and royal successors shall think "fit to make election of the said sixteen peers, Manner "and requiring the lord clerk register, or two "of the clerks of session, to attend all such "vocation or mental reservation, but according to the known and plain mean "ing of the words as to me "So help me God." teen peers for thereof. 5 Ann. c. 8. The names of ed to be cer tified to the clerk of the 'privy council, by the clerk register, &c. meetings, and to administer the oaths that are or shall be by law required, and to ask "the votes, and having made up the lists in presence of the meeting, to return the names the peers elect-of the sixteen peers chosen (certified under "the subscription of the s id lord clerk register, clerk, or clerks of session attending) to the "clerk of the privy council of Scotland; and "in like manner requiring and ordaining the "several freeholders in the respective shires "and stewartries, to meet and convene at the "head burghs of their several shires and stewartries, to elect their commissioners conform to "the order above set down; and ordaining the "clerks of the said meetings immediately after "the said elections are over, respectively, to And for electing the commissioners of shires, their pames to be certified after clerk of the meeting. 66 return the names of the persons elected to election by the "the clerks of the privy council; and lastly, "ordaining the city of Edinburgh to elect their "commissioner and the other royal boroughs to "elect each of them a commissioner, as they have "been in use to elect commissioners to the par"liament, and to send the said respective com"missioners, at such times, to such burghs, "within their respective districts as her majesty "and successors by such proclamation shall And for electing the commissioners of boroughs. Manner of election. The clerk of the presiding boroughs to certify the names of the persons elected. 66 appoint, requiring and ordaining the common "clerk of the respective burghs, where such "elections shall be appointed to be made, to "attend the said meetings, and immediately after "the election, to return the names of the per"sons so elected (certified under his hand) to "the clerk of the privy council, to the end that "the names of the sixteen peers, thirty commis"sioners for shires, and fifteen commissioners for burghs, being so returned to the privy council, "may be returned to the court from whence "the writ did issue under the great seal of the "united kingdom, conform to the said twenty- 5 Ann. c. 8. "second article: And whereas by the said on uniting the and Scotland. twenty-second article it is agreed, that, if "her majesty shall, on or before the first day of Manner of May next, declare, that it is expedient the proceeding up"lords and commons of the present parliament parliaments of "of England, should be the members of the Great Britain "respective houses of the first parliament of "Great Britain, for and on the part of Eng"land, they shall accordingly be the members "of the said respective houses, for and on the part of England; her majesty, with advice "and consent aforesaid, in that case only, doth hereby statute and ordain, that the sixteen peers, and forty-five commissioners for shires "and burghs, who shall be chosen by the peers, "barons, and burghs respectively in this pre 66 sent session of parliament, and out of the "members thereof in the same manner as com"mittees of parliament are usually now chosen, "shall be the members of the respective houses "of the said first parliament of Great Britain, "for, and on the part of Scotland, which nomi"nation and election being certified by a writ "under the lord clerk register's hand, the per"son so nominated and elected shall have right "to sit and vote in the house of lords, and in "the house of commons, of the said first par"liament of Great Britain." 66 clared valid. 13. "As by the said act passed in Scotland Scots act de "for settling the manner of electing the sixteen peers, and forty-five members, to represent "Scotland, in the parliament of Great Britain "may appear," Be it therefore further enacted and declared, by the authority aforesaid, that the said last-mentioned act, passed in Scotland for settling the manner of electing the sixteen |