case tempt Talbot case hunter versus MACCRAY may though England and Scotland  be now one kingdom yet the writ of ne exeat royal power have not be alter  since the union it be original a state writ Q whether in the common form and  security give thereupon it can restrain the party from go into Scotland a  motion be make before the Lord chancellor that one exit may be so frame as to  prevent the defendant from go into Scotland upon affidavit make that he be  soon go to reside there and that he have confess that as trustee for the  plaintiff under their father will he have receive the sum of pound the common  order have be make at the roll for a ne exeat to issue upon a petition there  prefer and mark for pound bail and this motion be now make upon a apprehension  that as the writ be only to restrain he from go out of the realm it can not  restrain he go into Scotland which by the union be now the same kingdom and  yet as effectual out of the reach of process of the court as any other foreign  part which be of the king allegiance his lordship ask how they will have it  alter and what authority he have to alter a original writ especial as this  writ be not original intend to aid the process of the court but be a mandatory  writ to prevent the king subject from go for the use to which this writ be  original apply vide Bacon tract ex part Brunker p will into foreign country to  practice treason with the king enemy and he seem to think that this case must  have happen since the union and yet he have never know nor hear that any  attempt have be make to alter the writ and he say that perhaps there be no  foundation for the doubt whether the common writ case tempt Talbot er p will  not prevent the defendant from go into Scotland as well as any of the king  other dominion out of the reach of the process of the court Mr Hamilton inform  the court that something of this kind have be move in one mitchel case in the  Lord cowpers time who seem to think that the writ extend to Scotland  notwithstanding case tempt Talbot the union and do nothing in it the register  likewise say they never know any other than the common order make his lordship  consider whether he may not direct that the sheriff shall take security that  the defendant shall not go out of that part of great Britain call England but  as such a order may be liable to objection as whether the defendant may go  into Wales whether it will be necessary to give the same direction in every  other case as well as in the present and whether it will not be countenance a  objection which otherwise perhaps will not be of any force he say that it be  dangerous to alter old establish form age vide do case p will where it be  grant to prevent the party from go to Scotland and also for a defendant  against a codefendant Lord Harcourt consider the party by fly into Scotland to  be out of the jurisdiction of the court and consequent out of the reach of the  process of it and therefore will make no order in it but leave the party to  proceed in the old beat path Reg lib fol case tempt Talbot de term S the  number three geo two in curian porter