"to all the expense to which the other party has been put "through his calumnious denial."

Erskine, IV. 2. 16.-Stair, IV. 44.15.-Bryson v. Craw, 24. July 1760.

PARLIAMENT.

By the treaty of Union with England, it was settled, that Scotland should be represented in the Parliamnet of the united kingdom by sixteen peers and forty-five members delegated by the counties and burghs. This point was fixed by Articles XXII. and XXIII. of. the treaty, which are in the following terms:

XXII. That by virtue of this treaty, of the peers of Scotland at 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 representatives of Scotland in the House of Commons of the Parliament of Great Britain; and that when her Majesty, her heirs or successors, shall declare her or their pleasure, for holding the first or any subsequent Parliament of Great Britain, until the Parliament of Great Britain shall make further provision therein, a writ do issue under the Great Seal of the united kingdom, directed to the privy council of Scotland, commanding them to cause sixteen peers, who are to sit in the House of Lords, to be summoned to Parliament, and forty-five members to be elected to sit in the House of Commons of the Parliament of Great Britain, according to the agreement in this treaty, in such manner as by a subsequent act of this present session of the Parliament of Scotland shall be settled: Which act is hereby declared to be as valid, as if it were a part of, and en

grossed in this treaty. And that the names of the persons so summoned and elected shall be returned by the privy council of Scotland, into the court from whence the said writ did issue. And that if her Majesty, on or before the first 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 present Parliament of England, should be the members of the respective Houses of the first Parliament of Great Britain for and on the part of England, then the said Lords of Parliament of England, and Commons of the present Parliament of England, shall be the members of the respective Houses of the first Parliament of Great Britain, for and on the part of England: And her Majesty may, by her royal proclamation under the Great Seal of Great Britain, appoint the said first Parliament of Great Britain, to meet at such time and place as her Majesty shall think fit; which time shall not be less than fifty days after the date of such proclamation: And the time and place of the meeting of such Parliament being so appointed, a writ shall be immediately issued under the Great Seal of Great Britain, directed to the privy council of Scotland, for the summoning the sixteen peers, and for electing forty-five members, by whom Scotland is to be represented in the Parliament of Great Britain; and the Lords of Parliament of England, and the sixteen peers of Scotland, such sixteen peers being summoned and returned in the manner agreed in this treaty; and the members of the House of Commons of the said Parliament of England, and the forty-five members for Scotland, such forty-five members being elected and returned in the manner agreed in this treaty, shall assemble and meet respectively in their respective Houses of the Parliament of Great Britain, at such time and place as shall be so appointed by her Majesty, and shall be the two Houses of the first Parliament of Great Britain: And that Parlia

ment may continue for such time only, as the present Parliament of England might have continued, if the Union of the two kingdoms had not been made, unless sooner dissolved by her Majesty: And that every one of the Lords of Parliament of Great Britain, and every member of the House of Commons of the Parliament of Great Britain, in the first and all succeeding Parliaments of Great Britain, until the Parliament of Great Britain shall 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 of the oaths of supremacy and allegiance, and appointing other oaths; and make, subscribe, and audibly repeat the declarations 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; and 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 act to declare the alterations in the oath appointed to be taken, by the act intituled, An act for the further 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 and realm of Great Britain: And that in that sense, the said oaths and declaration be taken and subscribed by the members of both Houses of the Parliament of Great Britain.

XXIII. That the foresaid sixteen peers of Scotland, mentioned in the last preceding article, to sit in the House of Lords of the Parliament of Great Britain, shall have all privileges of Parliament which the peers of England now have, and which they, or any peers of Great Britain shall have after the Union; and particularly the right of sitting upon the trials of peers: And in case of the trial of any peer in time of adjournment or prorogation of Parliament, the said sixteen peers shall be summoned in the same manner, and have the same powers and privileges, at such trial, as any other peers of Great Britain. And that in case any trials of peers shall hereafter happen, when there is no Parliament in being, the sixteen peers of Scotland, who sate in the last preceding Parliament, shall be summoned in the same manner, and have the same powers and privileges at such trials, as any other peers of Great Britain. And that all peers of Scotland, and their successors to their honours and dignities shall, from and after the Union, be peers of Great Britain, and have rank and precedency next and immediately after the peers 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 as the peers of England do or as they, or any other peers of Great Britain may hereafter enjoy the same, except the right and privilege of sitting in the House of Lords, and the privileges depending thereon, and particularly the right of sitting upon the trials of peers.

now,

The endurance of Parliament is limited to seven years, unless sooner dissolved by the King, by the statute 1. of Geo. I. cap. 38.

The statutes on this subject may be arranged into three classes:

1. Those relative to the qualification of members and of those persons entitled to vote at an election of a member.

2. Those which regulate the procedure at elections. 3. Statutory limitation of the personal privilege of members of Parliament.

I. QUALIFICATION.

The act 1425, cap. 52, declares, that all barons, prelates and freeholders should compear personally in Parliament.

The act 1427, cap. 101, declares, that small barons and freeholders need not come to Parliament.

The act 1429, cap. 130, declares, that freeholders or their attornies must be present at the sheriff's head

courts.

The act 1457, cap. 75, declares, that no freeholders can be constrained to come personally to Parliament, unless they be of twenty pound worth of land.

The act 1503, cap. 78, declares, that those barons and freeholders, who are above a hundred merks' extent, must attend Parliament in person; but that those within this extent may send procurators, unless their presence be specially required under the act.