Α

Aberdeen, royal burgh of, 471, 486.
Records of this borough as illus-
trating ancient mode of borough
elections, 511, et seq. Gild court
of this burgh at an early period,
529. Mode of election of deans
of gild after 1469, 532.
Aberdeen, Old, 467.
Ada, mother of William the Lion,
obtains Haddington, 462; and al-
so Crail, 463.

Adjudication, votes on, 158, et seq.
Agent, objection to a vote that gran-
tee, the agent of granter, appears
not fatal per se, 215.
Alderman, in England, its original
meaning, 438. Afterwards ap-
plied there to town magistrates,
ib.; and to chief officer of the mer-
chant gild, 445; and sometimes of
crafts, 448. Alderman, in Scotland,
usually meant the provost, 501.
Alteration of circumstances, 216, et
seq. Parting with dominium utile
does not constitute an alteration of
circumstance, 216. Resignation
and new charter in changing fami-
ly settlements not an alteration,
216-17. Effect of disposition with
procuratory and precept, 217.
Where such a disposition is grant-
ed with the view to actual sale,
there must be an obligation not
to make the right public, 218. A
disposition in security not fatal,
220. A conveyance in trust does
not make an alteration of circum-
stances, 221, et seq.; even when
trustee has entered into minutes
of sale, provided term of entry not

come, 223-4. Effect of disposing
of a part of qualification, 224-5.
Effect of reduction of valuation,
225.

Anstruther Easter, 519.
Apparent heir, formalities of claim
by, 25, 30. What titles he must
produce, 41, 148. Who is an ap-
parent heir, 147. Evidence of ap-
parency, 147-8. Apparent heir

may claim on bare superiority,
148. Ancestor must have been
year infeft, if he held by singular
titles, 149; but need not have
been on roll, ib. Ancestor's qua-
lification liable to investigation,
although he was on the roll, 149.
How far necessary that ancestor
might have been enrolled on the
qualification,,149, et seq. Where
apparent heir has made up singu-
lar titles, 152.
Arbroath, 494.
Ayr, 471, 487.

B
Bailies. See Magistrates.
Ballivus, in England, 437; in Scot-
land, 501.
Berwick, 456-7.

5.

Blench holding; whether superiori-
ty may be divided where the vas-
sal holds blench, 56.
Boroughs, when first represented,
1. Divided into fourteen districts,
List of these districts, App.
No. 13. Cannot stand on roll of
freeholders, 266. Election of re-
presentative for a district, see
election. Early history of Scots
boroughs, 457. Belonged either

Charter; see Titles. Charters, Roy-
al, granted to the boroughs, 469,
et seq. 468, 486, 489, 490, 492-3.
Ancient charters do not contain
election clauses, 499. Style of
those clauses after their introduc-
tion, 516-17. To what extent
they may have interfered with
act 1469, 516. et seq. No resem-
blance in general between provi-
sions of those clauses and present
modes of election, 519.
Church lands. See Extent and
Valued Rent.

Civitas or city, meaning of the word,

in Roman history, 406, Note 2.
Claim must be lodged two months
before Michaelmas meeting, 24,
25; but this does not apply to
election meeting, 25, 280.

For-
malities of claim, 25, et seq. Must
bear in whose name presented,
25. How far claim must describe
titles, 27. Must retour be speci-
fied, 29. Dates of titles must be
set forth, 29. Claim by heir-ap-
parent, 25, 30. Claim on restric-
tion, 30. New claim may be made
on same titles, 47.

Claimant does not require to ap
pear in person, 26; but if out of
kingdom there must be a man-
date, ib.

Clergy, one of the estates of Parlia-
ment, 2. When ceased to be so,
4. Cannot be elected to serve in
Parliament, 268.

Collegium mercatorum and collegia
opificum, amongst the Romans,
422. Collegium naviculariorum,

424.

Commissioners of supply. See valued

rent.

Commune, charters of, granted by
the French kings to the towns,
404. Sometimes confirmed exist-
ing privileges, 416. Nature of
the grant of a commune, 419.
Communa or community in Eng-
land, 435. Meaning of communi-
ty or commonalty in England,
436. Of community in Scotland,

508.

Complaint against proceedings of
Commissioners. See valued rent.
Complaint against judgment of free-
holders, 239, et seq. Within what
time it must be presented, 240.
Who may complain, 241. What
amounts to a refusal to enrol, jus-
tifying a complaint, 242. Com-
plaint against restriction, 243.
Against whom complaint must be
served, 244. Misnomer in ser-
vice, ib. Complaint cannot be
withdrawn without acquiescence
of the whole freeholders, 245.
Objections not stated to freehold-
ers may be urged on complaint,
245. Competency of producing
in complaint titles or evidence
not before freeholders, 245, et seq.
Competency of objection of peer-
age, 247, et seq. Penalty on com-
plainer, if judgment of freehold-
ers affirmed, 249, et seq. Altera.
tion in roll by authority of Court
of Session, must be forthwith made
by sheriff clerk, 254-6.
Complaint against election of magi.
strates, 373, et seq. What if court
is not sitting at expiry of two
months, 373. Must be moved in
court within the two months,
374. Parties to whom the com-
plaint is competent, 375, et seq.
Mandate necessary, if complainer
out of kingdom, 379. Whether
acquiescence bars complaint, 379.
Who must be called in a com.
plaint, 380. What wrongs may
be made the subjects of complaint,
381, et seq. In what cases elec-
tions of deacons may be challen-
ged by complaint, 384, et seq.
Complaint competent against elec.

tion under crown warrant, to old
magistrates and council, 387. Who
may be witnesses in complaint,
387, et seq.
Confidential understanding.

See

nominal and fictitious.
Confirmation and resignation, 55.
Conseillers in French towns, 422.
Convention of boroughs, its origin
and establishment, 477-8. Can it
alter sets, 345, et seq.
Corporate bodies cannot stand on
the roll of freeholders, 266.
Cospatric, earl or governor of Nor-
thumberland, acquires Dunbar,
465.

Council, Common, in England, 439.
In Scotland. See boroughs.
Councillors. See magistrates.
Counts, sent by the sovereigns to
govern the different cities of Italy
and France, 410. et seq.
County, who may represent.
representative.
Courts, ancient within borough. See
boroughs.

See

Court of Session. See session.
Court leet in the English towns,
433, et seq. Its elective functions,
441-2.

Courtesy. See husband.
Craill, 462-3.

Crafts in England. See England.
In Scotland, history of, 533, et
seq. History of their power to
elect deacons, 533, 534. When
were crafts first incorporated, 533.
Customs. See chamberlain.

D

Dates of titles must be set forth in
claim, 29.

David, Earl of Huntingdon. See
Huntingdon.

Deacons of crafts, history of. See

crafts. Rules as to residence in
their present elections. See ma-
gistrates.

Dean of Guild. See guildry.
Decuriones, 406, et seq.
Defensor, civitatis, 408.
Defeasible, votes defeasible at will

of granter bad, 167.
Delegate, election of, 393, et seq.
Sheriff must, within four days,
issue precept for this election to

presiding magistrates of boroughs
within his jurisdiction, 393. Chief
magistrate must, within two days,
summon council to meet, for fix-
ing a day to choose a delegate, ib.
Two days must elapse between
meeting, fixing day, and the elec-
tion, ib. Procedure at election of
delegate, 394. Clerk must make
out a commission for him, under
penalty, 395-6. Not necessary
that commissioner should be a re-
sidenter or merchant, 396.
Discharge of confidential under.
standing does not remove the ob-
jection, 215.

Disposition, effect of, on a qualifica-
tion. See alteration of circum-
stances.

Dunbar, 465-6. When the borough
probably first existed, 456. Made
a free borough, 493.
Dundee, 460-1-2.

Dunfermline, 458, 467-8, 494.
Dunfermline, Abbey of, towns be-
longing to, 468. Feus them, 490.
Duumviri, 206, et seq.

E

Edinburgh, election of representa-
tive for, 390, et seq. Edinburgh
in time of David I. 458. Of Wil-
liam the Lion. ib. Feued by Ro.
bert Bruce, 487. Gild, court of,
at an early period, 530.
Election meeting for a county, she-
riffs appoint the day of, 275. Li-
mitations of this power in point of
time, 275-6. Publication of diet
of election, 275. Form of pro-
cedure at election meeting, 276,
et seq. What if executions of no-
tices are informal, 276. Trust-
oath may be put before choosing
preses and clerk, 278. Neither
claim nor objections need be lod-
ged previous to election meeting,
280. But necessary, as at a
Michaelmas meeting, to produce
at the election meeting the claim-
ant's charter and sasine, 280. See
penalty.

Election of representative for a dis-
trict of boroughs by the delegates,
396, et seq. Casting-vote, 398.
England, early history of English

towns, 427.

Election of magi-
strates during Saxon period, 429.
Burgmote, 429. Towns held of
king or nobles, or clergy, 430.
Feus of towns granted by the
kings, ib. Charters granted to

towns, 431, 435-6. Some of those
after the Conquest contained elec-
tion clauses, 432. Folkmote and
portmote, 433. The court leet,
ib. Mayor, 434, 437. Communa
or community, 435. Ballivus, al-
derman, and other designations
for town magistrates, 437-8. Com-
mon council, 439. Mayor pre.
sented to royal officer for admis-
sion, 439. Élection of magistrates
in some English towns came to
be vested in select bodies, 440-1.
In some towns the court-leet exer-
cises important functions in elec.
tions, 441-2. Gilds in England,
442, et seq. Gilda mercatoria, 443,
et seq. The officers of this gild,
445-6. Whether the merchant-
gild in England is the same with
community of town, 446, et seq.
Mechanical associations in Eng-
land, 448. Their various names, ib.
Their officers, 448. Gilds requir-
ed royal authority, 449.
Enrolment, author not being struck
off, no bar to, 45. Where one
already on roll on a valid title,
and not denuded, new claim on
same lands must be dismissed, 46.
Entail, whether it is an objection to
a vote that it is derived from an
entailed proprietor, 194, et seq.
Echevin, in France, 421.
Evidence, competency of producing
on complaint evidence not before
freeholders, 245, et seq.
Extent, history of old, 91, et seq.
Sole evidence of old extent, a re-
tour prior to 1681, 99. This must
be produced to freeholders, and
cannot be supplied in Court of
Session, 34. An extract of re-
tour enough, even when original
lost, 100. But not so if original
not genuine, ib. Retour good,
although less than fifteen jury-
men, 100. Retour in sheriff court
record is evidence, 101. Retour
of extent for purpose of taxation

good evidence, 101.
ficate of keeper of
tent not enough, ib.

Mere certi-
record of ex-
The extent

must be set forth in the valent
clause 101. Descriptive clause
may, however, illustrate valent,
102. As where total amount of
two clauses agree, ib. Rules on
this subject, ib. et seq. Where an
office or borough occurs in the re-
tour along with lands, 103, et seq.
Retour of extent of half of certain
lands, not evidence of extent of
whole, 105. One retour explained
by valent clause, but not by de-
scriptive, of another, 106. Amount
of extent of one retour cannot be
redargued by another, ib. Evi-
dence may be adduced to show
identity of lands or retour, with
those claimed on, 107. A single
retour evidence of as many ex-
tents, as are separately stated ac-
cording to the rules previously ex-
plained, 107. Vote may be rest-
ed on more than one retour for
separate parcels, 107. Infeftment
in half pro diviso of lands, where
the extent of whole only establish-
ed, will not afford a qualification,
107-8. No division of old extent
after 1681, evidence, 108. Volun-
tary contract of division before
1681, ib. Trifling dismember.
ments to straight marches not fa-
tal, ib. Mills sometimes extend-
ed, and may afford a vote, 109.
Fishings also, ib. Obsolete herita-
ble office, although retoured will
not afford vote, 109. Church-
lands, when retoured, afford a
vote, 109. Retours of subject
superiors good evidence of extent,
110. Extent must be distinct
from feu-duties, 110. Meaning
of this 111, et seq. Rule of court
in such questions, 111. Examples
of extent not distinct from feu-
duties, 112. Appears not to be
necessary that forty shillings
should remain after deducting
feu-duties, 113, 114. It is only
where feu-duties payable to king
that extent must be distinct from
them, 115.

Extract of charter. See titles.