Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol I).djvu/114

98 ever ele may be deemed “fundamental and eential conditions,” the preervation of the two churches, of England and Scotland, in the ame tate that they were in at the time of the union, and the maintenance of the acts of uniformity which etablih our common prayer, are exprely declared o to be. 3.&ensp;That therefore any alteration in the contitutions of either of thoe churches, or in the liturgy of the church of England, would be an infringement of thee “fundamental and eential conditions,” and greatly endanger the union. 4.&ensp;That the municipal laws of Scotland are ordained to be till oberved in that part of the iland, unles altered by parliament; and, as the parliament has not yet thought proper, except in a few intances, to alter them, they till (with regard to the particulars unaltered) continue in full force. Wherefore the municipal or common laws of England are, generally peaking, of no force or validity in Scotland; and, of conequence, in the enuing commentaries, we hall have very little occaion to mention, any farther than ometimes by way of illutration, the municipal laws of that part of the united kingdoms.

town of Berwick upon Tweed was originally part of the kingdom of Scotland; and, as uch, was for a time reduced by king Edward I into the poeion of the crown of England: and, during uch it’s ubjection, it received from that prince a charter, which (after it’s ubequent ceion by Edward Balliol, to be for ever united to the crown and realm of England) was confirmed by king Edward III, with ome additions; particularly that it hould be governed by the laws and uages which it enjoyed during the time of king Alexander, that is, before it’s reduction Rh