ACT Ratifying and Approving Treaty of the Two Kingdoms of SCOTLAND and ENGLAND.
The Estates of Parliament Considering that Articles of Union of the Kingdoms of Scotland and England were agreed on the twenty second of July One thousand seven hundred and six years by the Commissioners nominated on behalf of this Kingdom under Her Majesties Great Seal of Scotland bearing date the twenty seventh of February last past in pursuance of the fourth Act of the third Session of this Parliament and the Commissioners nominated on behalf of the Kingdom of England under Her Majesties Great Seal of England bearing date at Westminster the tenth day of April last past in pursuance of an Act of Parliament made in England the third year of Her Majesties Reign to treat of and concerning an Union of the said Kingdoms Which Articles were in all humility presented to Her Majesty upon the twenty third of the said Month of July and were Recommended to this Parliament by Her Majesties Royal Letter of the date the thirty one day of July One thousand seven hundred and six And that the said Estates of Parliament have agreed to and approven of the saids Articles of Union with some Additions and Explanations as is contained in the Articles hereafter insert And sicklyke Her Majesty with advice and consent of the Estates of Parliament Resolving to Establish the Protestant Religion and Presbyterian Church Government within this Kingdom has past in this Session of Parliament an Act entituled Act for secureing of the Protestant Religion and Presbyterian Church Government which by the Tenor thereof is appointed to be insert in any Act Ratifying the Treaty and expressly declared to be a fundamentall and essentiall Condition of the said Treaty or Union in all time coming Therefore Her Majesty with advice and consent of the Estates of Parliament in fortification of the Approbation of the Articles as abovementioned And for their further and better Establishment of the same upon full and mature deliberation upon the forsaids Articles of Union and Act of Parliament Doth Ratifie Approve and Confirm the same with the Additions and Explanations contained in the saids Articles in manner and under the provision aftermentioned whereof the Tenor follows.
I. THAT the two Kingdoms of Scotland and England shall upon the first day of May next ensuing the date hereof, and for ever after, be united into One Kingdom by the Name of GREAT BRITAIN; And that the Ensigns Armorial of the said United Kingdom be such as Her Majesty shall appoint,, and the Crosses of St Andrew and St George be conjoined, in such manner as Her Majesty shall think fit, and used in all Flags, Banners, Standards and Ensigns, both at Sea and Land.
II. THAT the Succession of the Monarchy to the United Kingdom of Great Britain, and of the Dominions thereto belonging, after Her Most Sacred Majesty, and in Default of Issue of Her Majesty, be, remain, and continue to the Most Excellent Princess Sophia, Electoress and Dutchess Dowager of Hanover, and the Heirs of her Body being Protestants, upon whom the Crown of England is settled by an Act of Parliament made in England in the twelfth Year of the Reign of his late Majesty King William the Third, Intituled, An Act for the further Limitation of the Crown, and better securing the Rights and Liberties of the Subject: And that all Papists, and Persons marrying Papists, shall be excluded from, and forever incapable to inherit, possess, or enjoy the Imperial Crown of Great Britain, and the Dominions thereunto belonging, or any Part thereof, and in every such Case the Crown and Government shall from time to time descend to, and be enjoyed by such Person being a Protestant, as should have inherited and enjoyed the same in case such Papist or Person marrying a Papist, was naturally Dead according to the Provision for the Descent of the Crown of England, made by another Act of Parliament in England in the first Year of the Reign of their late Majesties King William and Queen Mary entituled An Act declaring the Rights and Liberties of the Subject, and settling the Succession of the Crown.
III. THAT the United Kingdom of Great Britain be Represented by one and the same Parliament to be stiled The Parliament of Great Britain.
IV. THAT all the Subjects of the United Kingdom of Great Britain shall, from and after the Union, have full Freedom and Intercourse of Trade and Navigation to and from any Port or Place within the said United Kingdom and the Dominions and Plantations thereunto belonging; and that there be a Communication of all other Rights Privileges, and Advantages, which do or may belong to the Subjects of each Kingdom; except where it is otherwise expressly agreed in these Articles.
V. THAT all Ships or Vessels belonging to Her Majesties Subjects of Scotland, at the Time of Ratifying the Treaty of Union of the two Kingdoms in the Parliament of Scotland, though forreign built, be deemed, and pass as Ships of the Built of Great Britain; the Owner, or where there are more Owners, one or more of the Owners within twelve Months after the first of May next making oath that at the Time of Ratifying the Treaty of Union in the Parliament of Scotland, the same did, in haill or in part, belong to him or them, or to some other Subject or Subjects in Scotland, to be particularly named, with the Place of their respective abodes; and that the same doth then, at the time of the said Deposition, wholly belong to him or them; and that no forreigner directly or indirectly, hath any share, part, or interest therein; Which Oath shall be made before the chief Officer or Officers of the Customs, in the Port next to the Abode of the said Owner or Owners; And the said Officer or Officers shall be impowered to administer the said Oath; and the Oath being to administred shall be attested by the Officer or Officers, who administred the same; And being registred by the said Officer or Officers, shall be delivered to the Master of the Ship for Security of her Navigation; and a Duplicate thereof shall be transmitted by the said Officer or Officers, to the chief Officer or Officers of the Customs in the Port of Edinburgh, to be there Entered in a Register, and from thence to be sent to the Port of London to be there entred in the General Register of all Trading ships belonging to Great Britain.
VI. THAT all parts of the United Kingdom for ever, from and after the Union, shall have the same Allowances, Encouragements, and Drawbacks, and be under the same Prohibitions, Restrictions, and Regulations of Trade, and lyable to the same Customs and Duties on Import and Export; and that the Allowances, Encouragements, and Drawbacks, Prohibitions, Restrictions, and Regulations of Trade, and the Customs and Duties on Import and Export, fettled in England when the Union commences, shall, from and after the Union, take Place throughout the whole United Kingdom; excepting and reserving the Duties upon Export and Import of such particular Commodities, from which any Persons, the Subjects of either Kingdom, are specially liberated and exempted by their private Rights, which, after the Union, are to remain safe and entire to them in all Respects, as before the same; And that from and after the Union, no Scots Cattle carried into England, shall be lyable to any other Duties, either on the publick or private Accounts, than those Duties to which the Cattle of England are or shall be lyable within the said Kingdom. And seeing by the Laws of England, there are Rewards granted upon the Exportation of certain Kinds of Grain, wherein Oats grinded or ungrinded are not expressed; that from and after the Union, when Oats shall be sold at fifteen Shillings Sterling per Quarter, or under, there shall be paid two Shillings and six Pence Sterling for every Quarter of the Oatmeal exported in the Terms of the Law, whereby and so long as Rewards are granted for Exportation of other Grains, and that the Bear of Scotland have the same Rewards as Barley: And in Respect the Importation of Victual into Scotland from any Place beyond Sea, would prove a Discouragement to Tillage, therefore that the Prohibition as now in Force by the Law of Scotland, against Importation of Victuals from Ireland, or any other Place beyond Sea into Scotland, do, after the Union, remain in the same Force as now it is, until more proper and effectual Ways be provided by the Parliament of Great Britain, for discouraging the Importation of the said Victuals from beyond Sea.
VII. THAT all parts of the United Kingdom be for ever, from and after the Union, lyable to the same Excise upon all exciseable Liquors, excepting only that the thirty-four Gallons English Barrel of Beer or Ale amounting to twelve Gallons Scots present Measure, told in Scotland by the Brewer at nine Shillings six Pence Sterling, excluding all Duties, and retailed, including Duties and the Retailers Profit, at two Pence the Scots Pint, or eighth part of the Scots Gallon, be not after the Union lyable, on account of the present Excise upon exciseable Liquors in England, to any higher Imposition than two Shillings Sterling upon the aforesaid thirty-four Gallons, English Barrel, being twelve Gallons the present Scots measure And that the Excise settled in England on all other Liquors, when the Union commences, take place throughout the whole United Kingdom.
VIII. THAT from and after the Union, all forreign Salt which shall be imported into Scotland, shall be charged at the Importation there, with the same Duties as the like Salt is now charged with being Imported into England, and to be levied and secured in the same Manner: But in regard the Duties of great Quantities of forreign Salt imported may be very heavy upon the Merchants Importers, that therefore all forreign Salt imported into Scotland, shall be Cellared and locked up under the Custody of the Merchants Importers, and the Officers employed for levying the Duties upon Salt, and that the Merchant may have what Quantity thereof his Occasion may require, not under a Weigh or fortie Bushells at a Time, giving Security for the Dutie of what Quantity he receives, payable in six Months. But Scotland shall, for the Space of seven Years from the said Union, be exempted from paying in Scotland, for Salt made there, the Dutie or Excise now payable for Salt made in England; but from the Expiration of the said seven Years, shall be subject and lyable to the same Duties for Salt made in Scotland as shall be then payable for Salt made in England, to be levied and secured in the same Manner, and with proportionable Drawbacks and Allowances as in England, with this Exception, That Scotland shall, after the said seven Years, remain exempted from the Dutie of two Shillings four Pence a Bushell on Home Salt, imposed by an Act made in England in the Ninth and Tenth of King William the Third of England, and if the Parliament of Great Britain shall, at or before the expiring of the said seven Years, substitute any other Fund in Place of the said two Shillings four Pence of excise on the Bushell of Home Salt, Scotland shall, after the said seven Years, bear a Proportion of the said Fund, and have an Equivalent in the Terms of this Treaty; and that during the said seven Years, there shall be paid in England, for all Salt made in Scotland, and imported from thence into England, the same Duties upon the Importation, as shall be payable for Salt made in England, to be levied and secured in the same Manner as the Duties on forreign Salt are to be levied and secured in England; and that after the said seven Years, as long as the said Dutie of two Shillings four Pence a Bushell upon Salt is continued in England, the said two Shillings and four Pence a Bushell shall be payable for all Salt made in Scotland, and imported into England, to be levied and secured in the same Manner; and that during the continuance of the Dutie of two Shillings four Pence a Bushell upon Salt made in England, no Salt whatsoever be brought from Scotland to England by Land in any Manner, under the Penalty of forfeiting the Salt, and the Cattle and Carriages made use of in bringing the same, and paying twenty Shillings for every Bushell of such Salt, and proportionably for a greater or lesser Quantity, for which the Carrier as well as the Owner shall be lyable, jointly and severally, and the Persons bringing or carrying the same to be imprisoned by any one Justice of the Peace, by the Space of six Months without Bail, and until the Penalty be paid. And for establishing an Equality in Trade, that all Flesh exported from Scotland to England, and put on Board in Scotland to be exported to Parts beyond the Seas, and Provisions for Ships in Scotland, and for forreign Voyages, may be salted with Scots Salt, paying the same Dutie for what Salt is to employed as the like Quantity or such Salt pays in England, and under the same Penalties, Forfeitures, and Provisions for preventing of Frauds as are mentioned in the Laws of England; and that from and after the Union, the Laws and Acts of Parliament in Scotland, for pining, curing, and packing of Herrings, white Fish and Salmon for Exportation with forreign Salt only, without any Mixture of British or Irish Salt, and for preventing of Frauds in curing and packing of Fish, be continued in Force in Scotland, subject to such Alterations as shall be made by the Parliament of Great Britain; and that all Fish exported from Scotland to Parts beyond the Seas, which shall be cured with forreign Salt only, and without Mixture of British or Irish Salt, shall have the same Eases, Premiums, and Drawbacks, as are or shall be allowed to such Persons as export the like Fish from England; and that for Encouragement of the Herring Fishing, there shall be allowed and paid to the Subjects, Inhabitants of Great Britain, during the present Allowances for other Fish, ten Shillings five Pence Sterling for every Barrel of White Herrings which shall be exported from Scotland; and that there shall be allowed five Shillings Sterling for every Barrel of Beef or Pork salted with forreign Salt, without Mixture of British or Irish Salt, and exported for Sale from Scotland to Parts beyond Sea, alterable by the Parliament of Great Britain; and if any Matters of Fraud relating to the said Duties on Salt shall hereafter appear, which are not sufficiently provided, against by this Article, the same shall be subject to such further Provisions as shall be thought fit by the Parliament of Great Britain.
IX. THAT whenever the sum of One million nine hundred ninety seven thousand seven hundred and sixty three pounds eight shillings and four pence half penny, shall be enacted by the Parliament of Great Britain to be raised in that part of the United Kingdom now called England, on Land and other Things usually charged in Acts of Parliament there, for granting an Aid to the Crown by a Land Tax; that part of the United Kingdom now called Scotland, shall be charged by the same Act, with a further Sum of forty-eight thousand Pounds, free of all Charges, as the Quota of Scotland, to such Tax, and to proportionably for any greater or lesser Sum raised in England by any Tax on Land, and other Things usually charged together with the Land; and that such Quota for Scotland, in the Cases aforesaid, be raised and collected in the same Manner as the Cess now is in Scotland, but subject to such Regulations in the manner of collecting, as shall be made by the Parliament of Great Britain.
X. THAT during the continuance of the respective Duties on Stampt paper, Vellom, and Parchment, by the severall Acts now in force in England, Scotland shall not be charged with the same respective Duties.
XI. THAT during the continuance of the Duties payable in England on Windows and Lights, which determines on the first day of August One thousand seven hundred and ten, Scotland shall not be charged with the same Duties.
XII. THAT during the continuance of the Duties payable in England on Coals, Culm and Cynders, which determine the thirtieth day of September One thousand seven hundred and ten, Scotland shall not be charged therewith for Coals, Culm and Cynders consumed there; but shall be charged with the same Duties as in England for Coals, Culm and Cynders not consumed in Scotland.
XIII. THAT during the continuance of the Duties payable in England upon Malt, which determine the twenty-fourth day of June One thousand seven hundred and seven, Scotland shall not be charged with that Dutie.
XIV. THAT the Kingdom of Scotland not be charged with any other Duties laid on by the Parliament of England before the Union, except these consented to in this Treaty; in regard it is agreed, That all necessary Provision shall be made by the Parliament of Scotland for the publick Charge and Service of that Kingdom, for the Year One thousand seven hundred and seven. Provided nevertheless, That if the Parliament of England shall think fit to lay any further Impositions by way of Customs, or such Excises which by virtue of this Treaty, Scotland is to be treated equally with England, in such Case Scotland shall be lyable to the same Customs and Excises, and have an Equivalent to be settled by the Parliament of Great Britain; with this further Provision, That any Malt to be made and consumed in that part of the United Kingdom now called Scotland, shall not be charged with any imposition on Malt, during this present War. And seeing it cannot be supposed that the Parliament of Great Britain will ever lay any sort of Burthens upon the United Kingdom, but what they shall find of Necessity at that Time for the Preservation and Good of the Whole, and with due regard to the Circumstances and Abilities of every part of the United Kingdom; therefore it is agreed, That there be no further Exemption insisted upon for any part of the United Kingdom, but that the Consideration of any Exemptions beyond what are already agreed on in this Treaty, shall be left to the Determination of the Parliament of Great Britain.
XV. THAT whereas by the Terms of this Treaty, the Subject of Scotland, for preserving an Equality of Trade throughout the United Kingdom, will be lyable to several Customs and excises now payable in England, which will be applicable towards payment of the Debts of England, contracted before the Union; it is agreed, That Scotland shall have an Equivalent for what the Subjects thereof shall be so charged towards Payment or the said Debts of England, in all Particulars whatsoever, in Manner following, viz. That before the Union of the said Kingdoms, the Sum of three hundred ninety-eight thousand and eighty-five Pounds ten Shillings, be granted to Her Majesty by the Parliament of England, for the Uses after mentioned, being the Equivalent, to be answered to Scotland for such parts of the said Customs and Excises upon all exciseable Liquors with which that Kingdom is to be charged upon the Union, as will be applicable to the payment of the said Debts of England, according to the Proportions which the present Customs in Scotland, being thirty thousand Pounds per Annum, do bear to the Customs in England, computed at One million three hundred forty-one thousand five hundred and fifty-nine Pounds per Annum; and which the present Excises on exciseable Liquors in England, computed at nine hundred forty-seven thousand six hundred and two Pounds per Annum: Which Sum of three hundred ninety-eight thousand eighty-five Pounds ten Shillings, shall be due and payable from the time of the Union. And that in regard that after the Union Scotland becoming lyable to the same Customs and Duties payable on Import and Export, and to the same Excises on all exciseable Liquors as in England, as well as upon that Account, as upon the Account of the Increase of Trade and People, (which will be the happy Consequence of the Union) the said Revenues will much improve beyond the before-mentioned annual Values thereof, of which no present Estimate can be made; yet nevertheless, for the Reasons aforesaid there ought to be a proportionable Equivalent answered to Scotland as an Equivalent for such Proportion of the said Encrease as shall be applicable to the Payment of the Debts of England. And for the further and more effectual answering the several Ends hereafter mentioned, it is agreed, That from and after the Union, the whole increase of the Revenues of Customs, and Duties on Import and Export, and Excises upon exciseable Liquors in Scotland, over and above the annual Produce of the said respective Duties, as above stated shall go and be applied for the Term of seven Years, to the Uses hereafter mentioned; and that upon the said Account there shall be answered to Scotland annually from the End of seven Years after the Union, an Equivalent in Proportion to such part of the said Increase, as shall be applicable to the Debts of England; and generally, that an Equivalent shall be answered to Scotland for such parts of the English Debts, as Scotland may hereafter become lyable to pay by reason of the Union, other than such for which Appropriations have been made by Parliament in England, of the Customs, or other Duties on Export and Import, Excises on all exciseable Liquors, in respect of which Debts, Equivalents are herein before provided. And as for the Uses to which the said Sum of three hundred ninety-eight thousand eighty-five Pounds ten Shillings, to be granted as aforesaid, and all other Monies which are to be answered or allowed to Scotland as aforesaid, are to be applied, it is agreed, That in the first Place, out of the aforesaid Sum, what Consideration shall be found necessary to be had for any Losses, which private Persons may sustain by reducing the Coin of Scotland to the Standard and Value of the Coin of England, may be made good; in the next place, that the Capital Stock, or Fund of the African and Indian Company of Scotland advanced, together with Interest for the said Capital Stock, after the Rate of five per Centum per Annum, from the respective Times of the Payment thereof, shall be paid: Upon Payment of which Capital Stock and Interest, it is agreed, the said Company be dissolved and cease, and also, that from the Time of passing the Act of Parliament in England, for raising the said Sum of three hundred ninety-eight thousand eighty-five Pounds ten Shillings, the said Company shall neither trade, nor grant Licence to trade; providing, that if the said Stock and Interest shall not be paid in twelve Months after the Commencement of the Union, that then the said Company may from thenceforward trade, or give licence to trade, until the said whole Capital Stock and Interest shall be paid. And as to the Overplus of the said Sum of three hundred ninety-eight thousand eighty-five Pounds ten Shillings, after Payment of what Consideration shall be had for Losses in repairing the Coin, and paying the said Capital Stock and Interest, and also the whole Increase of the said Revenues of Customs, Duties and Excises, above the present Value, which shall arise in Scotland during the said Term of seven Years, together with the Equivalent which shall become due upon the Improvement thereof in Scotland after the said Term; and also, as to all other Sums, which, according to the Agreements aforesaid, may become payable to Scotland by way of Equivalent, for what that Kingdom shall hereafter become lyable towards Payment of the Debts of England; it is agreed, That the same be applied in the Manner following, viz. That all the publick Debts of the Kingdom of Scotland, as shall be adjusted by this present Parliament, shall be paid: And that two thousand Pounds per Annum for the Space of seven Years, shall be applied towards encouraging and promoting the Manufacture of coarse Wool within those Shires which produce the Wool; and that the first two thousand Pounds Sterling be paid at Martinmas next, and so yearly at Martinmas, during the Space aforesaid; and afterwards, the same shall be wholly applied towards the encouraging and promoting the Fisheries, and such other Manufactures and Improvements in Scotland, as may most conduce to the general Good of the United Kingdom. And it is agreed, That Her Majesty be impowered to appoint Commissioners, who shall be accountable to the Parliament of Great Britain, for disposing the said Sum of three hundred ninety-eight thousand and eighty-five Pounds ten Shillings, and all other Monies which shall arise to Scotland, upon the Agreements aforesaid, to the Purposes before-mentioned: Which Commissioners shall be impowered to call for, receive, and dispose of the said Monies, in Manner aforesaid, and to inspect the Books of the several Collectors of the said Revenues, and of all other Duties, from whence an Equivalent may arise: And that the Collectors and Managers of the said Revenues and Duties be obliged to give to the said Commissioners subscribed authentick Abbreviates of the Produce of such Revenues and Duties arising in their respective Districts: And that the said Commissioners shall have their Office within the Limits of Scotland, and shall in such Office keep Books containing Accounts of the Amount of the Equivalents, and how the same shall have been disposed of from time to time, which may be inspected by any of the Subjects, who shall desire the same.
XVI. THAT from and after the Union, the Coin shall be of the same Standard and Value throughout the United Kingdom, as now in England, and a Mint shall be continued in Scotland; under the same Rules as the Mint in England, and the present Officers of the Mint continued, subject to such Regulations and Alterations as Her Majesty, her Heirs or Successors, or the Parliament of Great Britain shall think fit.
XVII. THAT from and after the Union, the same Weights and Measures shall be used throughout the United Kingdom, as are now established in England, and Standards of Weights and Measures shall be kept by those Burghs in Scotland, to whom the keeping the Standards of Weights and Measures, now in Use there, does of special Right belong: All which Standards shall be sent down to such respective Burghs, from the Standards kept in the Exchequer at Westminster, subject nevertheless to such Regulations as the Parliament of Great Britain shall think fit.
XVIII. THAT the Laws concerning Regulation of Trade, Customs, and such Excises to which Scotland is, by virtue of this Treaty, to be lyable, be the same in Scotland, from and after the Union, as in England; and that all other Laws in Use within the Kingdom of Scotland, do after the Union, and notwithstanding thereof, remain in the same Force as before, (except such as are contrary to, or inconsistent with this Treaty) but alterable by the Parliament of Great Britain; with this Difference betwixt the Laws concerning publick Right, Policy,, and Civil Government, and those which concern private Right, that the Laws which concern publick Right, Policy, and Civil Government, maybe made the same throughout the whole United Kingdom; but that no Alteration be made in Laws which concern private Right, except for evident Utility of the Subjects within Scotland.
XIX. THAT the Court of Session, or Colledge of Justice, do after the Union, and notwithstanding thereof, remain in all time coming within Scotland, as it is now constituted by the Laws of that Kingdom, and with the same Authority and Privileges as before the Union, subject nevertheless to such Regulations for the better Administration of Justice, as shall be made by the Parliament of Great Britain; and that hereafter none shall be named by Her Majesty, or her royal Successors, to be ordinary Lords of Session but such who have served in the Colledge of Justice as Advocates, or principal Clerks of Session for the Space of five Years; or as Writers to the Signet for the Space of ten Years, with this Provision, That no Writer to the Signet be capable to be admitted a Lord of the Session, unless he undergo a private and publick Tryal on the Civil Law, before the Faculty of Advocates and be found by them qualified for the said Office, two Years before he be named to be a Lord of the Session; yet to as the Qualifications made, or to be made, for capacitating Persons to be named ordinary Lords of Session, may be altered by the Parliament of Great Britain. And that the Court of Justiciary do also after the Union, and notwithstanding thereof, remain in all time coming within Scotland, as it is now constituted by the Laws of that Kingdom, and with the same Authority and Privileges as before the Union, subject nevertheless to such Regulations as shall be made by the Parliament of Great Britain, and without Prejudice of other Rights of Justiciary; and that all Admiralty Jurisdictions be under the Lord High Admirall or Commissioners for the Admiralty of Great Britain for the time being, and that the Court of Admiralty now established in Scotland be continued, and that all Reviews, Reductions, or Suspensions of the Sentences in Maritime Cases, competent to the Jurisdiction of that Court, remain in the same Manner after the Union, as now in Scotland, until the Parliament of Great Britain shall make such Regulations and Alterations, as shall be judged expedient for the whole United Kingdom, so as there be always continued in Scotland a Court of Admiralty, such as in England, for Determination of all Maritime Cases relating to private Rights in Scotland competent to the Jurisdiction of the Admiralty Court, subject nevertheless to such Regulations and Alterations as shall be thought proper to be made by the Parliament of Great Britain; and that the Heritable Rights of Admiralty and Vice-Admiralties in Scotland be reserved to the respective Proprietors as Rights of Property, subject nevertheless, as to the Manner of exercising such heritable Rights, to such Regulations and Alterations, as shall be thought proper to be made by the Parliament of Great Britain; and that all other Courts now in being within the Kingdom of Scotland do remain, but subject to Alterations by the Parliament of Great Britain; and that all inferior Courts within the said Limits do remain subordinate, as they are now, to the supreme Courts of Justice within the same, in all time coming; and that no Causes in Scotland be cognoscible by the Courts of Chancery, Queens-Bench, Common-Pleas, or any other Court in Westminster-hall; and that the said Courts, or any other of the like Nature, after the Union, shall have no Power to cognosce, review, or alter the Acts or Sentences of the Judicatures within Scotland, or stop the Execution of the same; and that there be a Court of Exchequer in Scotland after the Union, for deciding Questions concerning the Revenues of Customs and Excises there, having the same Power and Authority in such Cases, as the Court of Exchequer has in England; and that the said Court of Exchequer in Scotland have Power of passing Signatures, Gifts, Tutories, and in other Things, as the Court of Exchequer at present in Scotland hath; and that the Court of Exchequer that now is in Scotland do remain, until a new Court of Exchequer be settled by the Parliament of Great Britain in Scotland after the Union; and that after the Union, the Queen's Majesty, and her royal Successors, may continue a Privy Council in Scotland, for preserving of publick Peace and Order, until the Parliament of Great Britain shall think fit to alter it, or establish any other effectual method for that end.
XX. THAT all heritable Offices, Superiorities, heritable Jurisdictions, Offices for Life, and Jurisdictions for Life, be reserved to the Owners thereof, as Rights of Property, in the same Manner as they are now enjoyed by the Laws of Scotland, notwithstanding this Treaty.
XXI. THAT the Rights and Privileges of the royal Burghs in Scotland, as they now are, do remain entire after the Union, and notwithstanding thereof.
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 of this Treaty, in such manner as by an Act of this present Session of the Parliament of Scotland is or shall be settled; which Act is hereby declared to be as valid as if it were a part of, and ingrossed 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 hr 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 the respective Houses of the Parliament of Great Britain, at such Time and Place as shall be to appointed by Her Majesty, and shall be the two Houses of the first Parliament of Great Britain; and that Parliament 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 in Stead of the Oaths of Allegiance and Supremacy, by an Act of Parliament made 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 Declaration mentioned in an Act of Parliament made in England in the thirtieth Year of the Reign of King Charles the Second Entituled, 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 aforesaid 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 Tryal 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 Tryal, 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 sat 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, arid 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 Peers of England do now, 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.
XXIV. THAT from and after the Union, there be one Great Seal for the United Kingdom of Great Britain, which shall be different from the Great Seal now used in either Kingdom; And that the quartering the Arms, and the Rank and Precedency of the Lyon King of Arms of the Kingdom of Scotland as may best suit the Union, be left to Her Majesty: And that in the mean Time, the Great Seal of England be used as the Great Seal of the United Kingdom, and that the Great Seal of the United Kingdom be used for sealing Writs to elect and summon the Parliament of Great Britain, and for sealing all Treaties with forreign Princes and States, and all Publick Acts, Instruments and Orders of State, which concern the whole United Kingdom, and in all other Matters relating to England, as the Great Seal of England is now used: And that a Seal in Scotland after the Union be always kept and made use of in all things relating to private Rights or Grants, which have usually passed the Great Seal of Scotland and which only concern Offices, Grants, Commissions, and private Rights within that Kingdom; and that until such Seal shall be appointed by Her Majesty, the present Great Seal of Scotland shall be used for such purposes: And that the Privy Seal, Signet, Casset, Signet of the Justiciary Court, Quarter Seal, and Seals or Courts now used in Scotland be continued; but that the said Seals be altered and adapted to the State of the Union, as Her Majesty shall think fit; and the said Seals, and all of them, and the Keepers of them, shall be subject to such Regulations as the Parliament of Great Britain shall hereafter make. And that the Crown, Scepter, and Sword of State, the Records of Parliament, and all other Records, Rolls and Registers whatsoever, both publick and private, general and particular, and Warrants thereof, continue to be kept as they are within that part of the United Kingdom now called Scotland; and that they shall, remain in all time coming, notwithstanding the Union.
XXV. THAT all Laws and Statutes in either Kingdom, to far as they are contrary to, or inconsistent with the Terms of these Articles, or any of them, shall, from and after the Union cease and become void and shall be so declared to be, by the respective Parliaments of the said Kingdoms.
FOLLOWS the Tenor of the foresaid Act for securing the Protestant Religion and Presbyterian Church Government
OUR Soveraign Lady, and the Estates of Parliament, considering That by the late Act of Parliament, for a Treaty with England for a Union of both Kingdoms, it is provided, That the Commissioners for that Treaty should not treat of or concerning any Alteration of the Worship, Discipline, and Government of the Church of this Kingdom as now by Law established: Which Treaty being now reported to the Parliament, and it being reasonable and necessary that the true Protestant Religion, as presently professed within this Kingdom, with the Worship, Discipline, and Government of this Church, should be effectually and unalterably secured: Therefore Her Majesty, with Advice and Consent of the said Estates of Parliament, doth hereby establish and confirm the said true Protestant Religion, and the Worship, Discipline, and Government of this Church, to continue without any Alteration to the People of this Land in all succeeding Generations, and most especially Her Majesty, with Advice and Content aforesaid, ratifies, approves, and for ever confirms the fifth Act of the first Parliament of King William and Queen Mary, Entituled, Act ratifying the Confession of Faith, and settling Presbyterian Church Government; with all other Acts of Parliament relating thereto, in Prosecution of the Declaration of the Estates of this Kingdom, containing the Claim of Right, bearing Date the eleventh of Aprile One thousand six hundred and eighty nine: And Her Majesty, with Advice and Consent aforesaid, expressly provides and declares, That the foresaid true Protestant Religion contained in the above-mentioned Confession of Faith, with the Form and Purity of Worship presently in use within this Church, and its Presbyterian Church Government and Discipline (that is to say) the Government of the Church by Kirk Sessions, Presbyteries, Provincial Synods, and General Assemblies all established by the foresaid Acts of Parliament, pursuant to the Claim of Right, shall remain and continue unalterable, and that the said Presbyterian Government shall be the only Government of the Church within the Kingdom of Scotland. And further, for the greater Security of the foresaid Protestant Religion, and of the Worship, Discipline, and Government of this Church, as above established, Her Majesty, with Advice and Consent foresaid, statutes and ordains, That the Universities and Colledges of Saint Andrews, Glasgow, Aberdeen, and Edinburgh, as now established by Law, shall continue within this Kingdom forever; and that in all time coming, no Professors, Principals; Regents, Masters, or others, bearing Office in any University, Colledge, or School within this Kingdom, be capable to be admitted, or allowed to continue in the Exercise of their said Functions, but such as shall own and acknowledge the Civil Government in Manner prescribed or to be prescribed by the Acts of Parliament: as also, that before, or at their Admissions, they do and shall acknowledge and profess, and shall subscribe to the foresaid Confession of Faith, as the Confession of their Faith, and that they will practise and confirm themselves to the Worship presently in Use in this Church, and submit themselves to the Government and Discipline thereof and never endeavour directly or indirectly the Prejudice or Subversion of the same, and that before the respective Presbyteries of their Bounds, by whatsoever Gift, Presentation or Provision they may be thereto provided. And further, Her Majesty, with Advice aforesaid, expressly declares, and statutes, That none of the Subjects of this Kingdom shall be lyable to, but all and every one of them for ever free of any Oath, Test or Subscription within this Kingdom, contrary to, or inconsistent with the foresaid true Protestant Religion, and Presbyterian Church Government, Worship, and Discipline, as above established: and that the same within the Bounds of this Church and Kingdom, shall never be imposed upon, or required of them, in any Sort. And lastly, That after the Decease of her present Majesty, (whom God long preserve) the Sovereign succeeding to her in the Royal Government of the Kingdom of Great Britain, shall in all time coming at his or her Accession to the Crown, swear and subscribe, that they shall inviolably maintain and preserve the foresaid Settlement of the true Protestant Religion, with the Government, Worship, Discipline, Right, and Privileges of this Church, as above established by the Laws of this Kingdom in Prosecution of the Claim of Right. And it is hereby statuted and ordain'd, That this Act of Parliament, with the Establishment therein contained, shall be held and observed in all time coming, as a fundamental and essential Condition of any Treaty or Union to be concluded betwixt the two Kingdoms, without any Alteration thereof, or Derogation thereto in any Sort for ever: As also, That this Act of Parliament, and Settlement therein contain'd, shall be insert and repeated in any Act of Parliament that shall pass for agreeing and concluding the foresaid Treaty or Union betwixt the two Kingdoms; and that the same shall be therein expresly declared to be a fundamental and essential Condition of the said Treaty or Union in all time coming
WHICH ARTICLES OF UNION and Act immediately abovewritten Her Majesty with advice and consent foresaid Statutes Enacts and Ordains to be and Continue in all time coming the sure and perpetuall foundation of ane compleat and intire Union of the Two Kingdoms of Scotland and England under this express Condition and Provision That the Approbation and Ratification of the foresaids Articles and Act shall be nowayes binding on this Kingdom untill the said Articles and Act be Ratified Approven and Confirmed by Her Majesty with and by the Authority of the Parliament of England as they are now Agreed to Approved and Confirmed by Her Majestie with and by the Authority of the Parliament of Scotland Declaring nevertheless that the Parliament of England may provide for the security of the Church of England as they think expedient to take place within the bounds of the said Kingdom of England and not Derogating from the security above provided for Establishing of the Church of Scotland within the bounds of this Kingdom As also the said Parliament of England may extend the Additions and other provisions contained in the Articles of Union as above insert in favours of the Subjects of Scotland to and in favours of the Subjects of England which shall not suspend or Derogate from the force and effect of this present Ratification But shall be understood as herein included without the necessity of any new Ratification in the Parliament of Scotland And lastly Her Majesty Enacts and Declares That all Laws and Statutes in this Kingdom so far as they are contrary to or inconsistent with the terms of these Articles as abovementioned shall from and after the Union cease and become void