f union, which
are ratified and confirmed by statute 5 Ann. c. 8. in which statute
there are also two acts of parliament recited; the one of Scotland,
whereby the church of Scotland, and also the four universities of that
kingdom, are established for ever, and all succeeding sovereigns are
to take an oath inviolably to maintain the same; the other of England,
5 Ann. c. 6. whereby the acts of uniformity of 13 Eliz. and 13 Car.
II. (except as the same had been altered by parliament at that time)
and all other acts then in force for the preservation of the church of
England, are declared perpetual; and it is stipulated, that every
subsequent king and queen shall take an oath inviolably to maintain
the same within England, Ireland, Wales, and the town of Berwick upon
Tweed. And it is enacted, that these two acts "shall for ever be
observed as fundamental and essential conditions of the union."

UPON these articles, and act of union, it is to be observed, 1. That
the two kingdoms are now so inseparably united, that nothing can ever
disunite them again, but an infringement of those points which, when
they were separate and independent nations, it was mutually stipulated
should be "fundamental and essential conditions of the union." 2. That
whatever else may be deemed "fundamental and essential conditions,"
the preservation of the two churches, of England and Scotland, in the
same state that they were in at the time of the union, and the
maintenance of the acts of uniformity which establish our common
prayer, are expressly declared so to be. 3. That therefore any
alteration in the constitutions of either of those churches, or in the
liturgy of the church of England, would be an infringement of these
"fundamental and essential conditions," and greatly endanger the
union. 4. That the municipal laws of Scotland are ordained to be still
observed in that part of the island, unless altered by parliament;
and, as the parliament has not yet thought proper, except in a few
instances, to alter them, they still (with regard to the particulars
unaltered) continue in full force. Wherefore the municipal or common
laws of England are, generally speaking, of no force or validity in
Scotland; and, of consequence, in the ensuing commentaries, we shall
have very little occasion to mention, any farther than sometimes by
way of illustration, the municipal laws of that part of the united
kingdoms.

THE town of Berwick upon Tweed, though subject t