House of Lords Journal Volume 18: 27 February 1707

DIE Jovis, 27 Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Cole versus Godfrey.

After hearing Counsel this Day, in Part, upon the Petition and Appeal of Anne Cole Widow, and Harry Cole Esquire, her Son, from a Decree made in the Court of Chancery, by the Master of the Rolls, the One and Thirtieth of May One Thousand Seven Hundred and Four; and an Order of the Seventh of March following, and Proceedings thereupon; as also upon the Answer of Mercy Godfrey, Executrix of William Godfrey, who was Executor of Henry Godfrey Gentleman, deceased, put in thereunto:

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That this House will proceed to hear Counsel further in this Cause, on Wednesday the Twelfth Day of March next, at Eleven a Clock in the Forenoon.

Rich's Trustees Consents declared.

This Day Rich and Rich being called in; the Lord Keeper, by Direction of the House, asked them, "Whether they were willing to be Trustees named in the Bill, intituled, "An Act for discharging several Lands, in the County of Worcester, from the Sum of Two Thousand Pounds, given by the Will of Dame Elizabeth Rich Widow, deceased, for Charitable Uses, and charging the same upon other Lands in the County of Berks?"

Who thereupon declared their Consents to, and Acceptance of, the Trusts mentioned in the said Bill, if the same should pass into a Law.

Articles of Union between England and Scotland.

The Lord Bishop of Salisbury (pursuant to Order) reported from the Committee of the whole House, to whom was referred the Consideration of the Articles of Union agreed on by the Commissioners of England and Scotland, and the Act passed in Scotland ratifying and approving the Treaty of Union; as also the Minutes of the Proceedings of the Commissioners for the said Union; "That they had considered the several Articles and Matters to them referred, and were come to the following Resolutions; (videlicet,)

1. "That the Two Kingdoms of England and Scotland shall, upon the First Day of May which will be in the Year One Thousand Seven Hundred and Seven, 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. George and St. Andrew 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."

Then the Question was put, "Whether this House shall agree with the Committee in this Resolution?"

It was Resolved in the Affirmative.

2. "That the Succession to the Monarchy of the United Kingdom of Great Britain, and of the Dominions thereunto belonging, after Her most Sacred Majesty, and in Default of Issue of Her Majesty, be, remain, and continue, to the most Excellent Princess Sophia Electress 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 for ever 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, intituled, "An Act declaring the Rights and Liberties of the Subject, and settling the Succession of the Crown."

The Question was put, "Whether this House shall agree with the Committee in this Resolution?"

It was Resolved in the Affirmative.

3. "That the United Kingdom of Great Britain be represented by One and the same Parliament, to be styled, "The Parliament of Great Britain."

The Question was put, "Whether this House shall agree with the Committee in this Resolution?"

It was Resolved in the Affirmative.

4. "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 either Kingdom, except where it is otherwise expressly agreed in these Articles."

The Question was put, "Whether this House shall agree with the Committee in this Resolution?"

It was Resolved in the Affirmative.

5. "That all Ships or Vessels belonging to Her Majesty's Subjects of Scotland, at the Time of ratifying the Treaty of Union of the Two Kingdoms in the Parliament of Scotland, though Foreign-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 of 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 Foreigner, 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 empowered to administer the said Oath; and the Oath, being so administered, shall be attested by the Officer or Officers who administer the same; and, being registered 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 entered in the General Register of all Trading Ships belonging to Great Britain."

The Question was put, "Whether this House shall agree with the Committee in this Resolution?"

It was Resolved in the Affirmative.

6. "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 liable 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, settled 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 liable unto any other Duties, either on the Public or Private Accounts, than those Duties to which the Cattle of England are or shall be liable within the said Kingdom: And feeing, by the Laws of England, there are Rewards granted upon the Exportation of certain Kinds of Grain, wherein Oats grounded or ungrounded 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 Victual 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 said Victual from beyond Sea."

The Question was put, "Whether this House shall agree with the Committee in this Resolution?"

It was Resolved in the Affirmative.

7. "That all Parts of the United Kingdom be, for ever, from and after the Union, liable to the same Excises upon all exciseable Liquors; excepting only that the Thirty-four Gallons English Barrel of Beer or Ale, amounting to Twelve Gallons Scots, present Measure, sold in Scotland by the Brewer at Nine Shillings Six Pence Sterling, excluding all Duties, and retailed, including Duties and the Retailer's Profit, at Two Pence the Scots Pint, or Eighth Part of the Scots Gallon, be not, after the Union, liable, 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."

The Question was put, "Whether this House shall agree with the Committee in this Resolution?"

It was Resolved in the Affirmative.

8. "That, from and after the Union, all Foreign 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 Foreign Salt imported may be very heavy upon the Merchants Importers, that therefore all Foreign Salt imported into Scotland shall be cellared and locked up, under the Custody of the Merchant Importer and the Officers employed for levying the Duties upon Salt; and that the Merchant may have what Quantities thereof his Occasion may require, not under a Wey or Forty Bushels at a Time, giving Security for the Duty 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 Duty or Excise now payable for Salt made in England; but, from the Expiration of the said Seven Years, shall be subject and liable 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 Proportion of Drawbacks and Allowances, as in England; with this Exception, that Scotland shall, after the said Seven Years, remain exempted from the Duty of Two Shillings and Four Pence a Bushel on (fn. 2) 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 and Four Pence of Excise on the Bushel 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 Foreign Salt are to be levied and secured in England; and that, after the said Seven Years, how long the said Duty of Two Shillings and Four Pence a Bushel upon Salt is continued in England, the said Two Shillings and Four Pence a Bushel shall be payable for all Salt made in Scotland, and imported into England, to be levied and secured in the same Manner; and that, daring the Continuance of the Duty of Two Shillings and Four Pence a Busnel 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 Bushel of such Salt, and proportionably for a greater or lesser Quantity, for which the Carrier, as well as the Owner, shall be liable, 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 Fleshes 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 Foreign Voyages, may be salted with Scots Salt, paying the same Duty, for what Salt is so employed, as the like Quantity of 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 Foreign Salt only, without any Mixture of British or Irish Salt, and for preventing of Frauds in curing and packing of Fifth, be continued in Force in Scotland, subject to such Alterations as shall be made by the Parliament of Great Britain; and that all Fifth exported from Scotland to Parts beyond the Seas, which shall be cured with Foreign Salt only, and without Mixture of British or Irish Salt, shall have the same Easies, Premiums, and Drawbacks, as are or shall be allowed to such Persons as export the like Fifth 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 Fishes, Ten Shillings Five Pence Sterling for every Barrel of White Herring, which shall be exported from Scotland; and that there shall be allowed Five Shillings Sterling for every Barrel of Beef or Pork, salted with Foreign 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 or 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."

The Question was put, "Whether this House shall agree with the Committee in this Resolution?"

It was Resolved in the Affirmative.

9. "That, whenever the Sum of One Million Nine Hundred Ninety-seven Thousand Seven Hundred 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 the further Sum of Forty-eight Thousand Pounds, free of all Charges, as the Quota of Scotland to such Tax; and so 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."

The Question was put, "Whether this House shall agree with the Committee in this Resolution?"

It was Resolved in the Affirmative.

10. "That, during the Continuance of the respective Duties on Stampt Paper, Vellum, and Parchment, by the several Acts now in Force in England; Scotland shall not be charged with the same respective Duties."

The Question was put, "Whether this House shall agree with the Committee in this Resolution?"

It was Resolved in the Affirmative.

11. "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."

The Question was put, "Whether this House shall agree with the Committee in this Resolution?"

It was Resolved in the Affirmative.

12. "That, during the Continuance of the Duties payable in England, on Coals, Culm, and Cinders, which determines the Thirtieth Day of September One Thousand Seven Hundred and Ten; Scotland shall not be charged therewith, for Coals, Culm, and Cinders, consumed there; but shall be charged with the same Duties as in England, for all Coal, Culm, and Cinders, not consumed in Scotland."

The Question was put, "Whether this House shall agree with the Committee in this Resolution?"

It was Resolved in the Affirmative.

13. "That, during the Continuance of the Duty payable in England, upon Malt, which determines the Twenty-fourth Day of June One Thousand Seven Hundred and Seven; Scotland shall not be charged with that Duty."

The Question was put, "Whether this House shall agree with the Committee in this Resolution?"

It was Resolved in the Affirmative.

14. "That the Kingdom of Scotland be not 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 Public Charge and Service of that Kingdom, for the Year One Thousand Seven Hundred and Seven: Provided neverthless, That if the Parliament of England shall think fit to lay any further Impositions, by Way of Customs, or such Excises with which, by Virtue of this Treaty, Scotland is to be charged equally with England; in such Case, Scotland shall be liable 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 upon Malt during this present War: And seeing it cannot be supposed that the Parliament of Great Britain will ever lay any Sorts 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."

The Question was put, "Whether this House shall agree with the Committee in this Resolution?"

It was Resolved in the Affirmative.

15. "Whereas, by the Terms of this Treaty, the Subjects of Scotland, for preserving an Equality of Trade throughout the United Kingdom, will be liable 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 of the said Debts of England, and in all Particulars whatsoever, in Manner following; (videlicet,) 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 Scotland, being Thirty-three Thousand and Five Hundred Pounds per Annum, do bear to the 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 in regard that, after the Union, Scotland becoming liable 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 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; it is agreed, that, after the Union, there shall be an Accompt kept of the said Duties arising in Scotland, to the End it may appear what ought to be answered to Scotland, as an Equivalent for such Proportion of the said Increase, 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 Excise 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 liable 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 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 said is, 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 Affrican and Indian Company of Scotland advanced, together with the 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 haill 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 haill 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 liable towards Payment of the Debt of England; it is agreed, that the same be applied in Manner following; (videlicet,) That all the Public 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 these 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 foresaid; and after, 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 empowered to appoint Commissioners, who shall be accountable to the Parliament of Great Britain, for disposing the said Sum of Three Hundred Ninety-eight Thousand Eighty-five Pounds, Ten Shillings, and all other Monies which shall arise to Scotland upon the Agreement aforesaid, to the Purposes before-mentioned; which Commissioners shall be empowered 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 authentic 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 Accompts 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."

The Question was put, "Whether this House shall agree with the Committee in this Resolution?"

It was Resolved in the Affirmative.

16. "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."

The Question was put, "Whether this House shall agree with the Committee in this Resolution?"

It was Resolved in the Affirmative.

17. "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 neverthless to such Regulations as the Parliament of Great Britain shall think fit."

The Question was put, "Whether this House shall agree with the Committee in this Resolution?"

It was Resolved in the Affirmative.

18. "That the Laws concerning Regulation of Trade, Customs, and such Excises to which Scotland is by virtue of this Treaty to be liable, 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 Public Right, Policy, and Civil Government, and those which concern Private Right, that the Laws which concern Public Right, Policy, and Civil Government, may be 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."

The Question was put, "Whether this House shall agree with the Committee in this Resolution?"

It was Resolved in the Affirmative.

19. "That the Court of Session, or College 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 College 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 public Trial of 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 so 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 Admiral, 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 Heretable 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 Heretable 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, Queen's Bench, Common Pleas, or any other Court in Westm'r 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 Public Peace and Order, until the Parliament of Great Britain shall think fit to alter it, or (fn. 3) establishing any other effectual Method for that End."

The Question was put, "Whether this House shall agree with the Committee in this Resolution?"

It was Resolved in the Affirmative.

20. "That all Heretable Offices, Superiorities, Heretable 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 of this Treaty."

The Question was put, "Whether this House shall agree with the Committee in this Resolution?"

It was Resolved in the Affirmative.

21. "That the Rights and Privileges of the Royal Burghs in Scotland, as they now are, do remain entire, after the Union, and notwithstanding thereof."

The Question was put, "Whether this House shall agree with the Committee in this Resolution?"

It was Resolved in the Affirmative.

22. "That, by virtue of this Treaty, of the Peers of Scotland at the Time of the Union, Sixteen shall be the Number to fit 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 fit in the House of Lords, to be summoned to Parliament, and Fortyfive Members to be elected, to fit in the House of Commons of the Parliament of Great Britain, according to the Agreement in this Treaty, in such Manner as by a subsequent Act of this present Session of the Parliament of Scotland shall be settled, which Act is hereby declared to be as valid as if it were a Part of, and engrossed 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 Her 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 Fortyfive 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 so appointed by Her Majesty, and shall be the Two Houses of the First Parliament of Great Britain; and that the 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, instead of the Oaths of Allegiance and Supremacy, by an Act of Parliament made in England, 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, intituled, "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."

The Question was put, "Whether this House shall agree with the Committee in this Resolution?"

It was Resolved in the Affirmative.

23. "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 Trial 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 Trial, 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, and 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 their Right of sitting upon the Trials of Peers."

The Question was put, "Whether this House shall agree with the Committee in this Resolution?"

It was Resolved in the Affirmative.

24. "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 Foreign Princes and States, and all Public 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 of 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, Sceptre, and Sword of State, the Records of Parliament, and all other Records, Rolls, and Registers whatsoever, both public 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 so remain in all Time coming, notwithstanding of the Union."

The Question was put, "Whether this House shall agree with the Committee in this Resolution?"

It was Resolved in the Affirmative.

25. "That all Laws and Statutes in either Kingdom, so 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."

The Question was put, "Whether this House shall agree with the Committee in this Resolution?"

It was Resolved in the Affirmative:

Protests against the Articles.

"Dissentient.

"To the Ninth Resolution:

"Rochester.

"North & Grey.

"Leigh.

"Guilford.

"Dissentient.

"To the Fifteenth Resolution:

"Because, we humbly conceive, nothing could have been more equal, on this Head of the Treaty, than that neither of the Kingdoms should have been burthened with the Debts of the other, contracted before the Union; and if that Proposal, which we find Once made in the Minutes of the Treaty, had taken Place, there would have been no Occasion to have employed the Revenues of the Kingdom of Scotland towards the Payment of the Debts of England; those Revenues might have been strictly appropriated to the Debts of that Kingdom, and to any other Uses within themselves, as should have been judged requisite; and there would have been then no Need of an Equivalent of very near Four Hundred Thousand Pounds to be raised on England within this Year, for the Purchase of those Revenues in Scotland; which, however it may prove to be but a reasonable Bargain upon a strict Calculation, there does not seem to have been a Necessity just now to have raised so great a Sum, when this Kingdom is already burshened with so vast ones, for the necessary Charges of the War.

"Rochester.

"North & Grey.

"Leigh.

"Guilford.

"Dissentient.

"To the Two and Twentieth Resolution:

"Because we humbly conceive, in the First Place, that the Number of Sixteen Peers of Scotland is too great a Proportion to be added to the Peers of England, who very rarely consist of more than One Hundred attending Lords in any One Session of Parliament; and, for that Reason, we humbly apprehend such a Number as Sixteen may have a very great Sway in the Resolutions of this House, of which the Consequences cannot now be foreseen: In the Second Place, we conceive, the Lords of Scotland, who by virtue of this Treaty are to sit in this House, being not qualified as the Peers of England are, must suffer a Diminution of their Dignity to sit here on so different Foundations, their Right of sitting here depending entirely on an Election, and that from Time to Time during the Continuance of One Parliament only: And, at the same Time, we are humbly of Opinion, that the Peers of England, who sit here by Creation from the Crown, and have a Right of so doing in themselves or their Heirs by that Creation for ever, may find it an Alteration in their Constitution, to have Lords added to their Number, to sit and vote in all Matters brought before a Parliament, who have not the same Tenure of their Seats in Parliament as the Peers of England have.

"Buckingham.

"North & Grey.

"Rochester.

"Leigh.

"Guilford."

"We dissent to the Resolution of passing the last Article; because, there being no Enumeration of what Laws are to be repealed, it is conceived, too great a Latitude of Construction thereupon is left to the Judges.

"Rochester.

North & Grey.

Leigh.

"Guilford."

The House having gone through, and agreed to, all the Resolutions of the Committee of the whole House, to whom was referred the Consideration of the Articles of Union agreed on by the Commissioners of England and Scotland, and the Act passed in Scotland ratifying and approving the Treaty of Union, as also the Minutes of the Proceedings of the said Commissioners:

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That on Saturday next, at Twelve a Clock, this House shall take into farther Consideration the Union between the said Kingdoms of England and Scotland.

Carryll's Petition referred to Judges.

Upon reading the Petition of Philip Caryll and Mary his Wife; shewing, "That the Petitioner, in One Thousand Six Hundred Eighty-nine, inter-married with the Petitioner Mary his now Wife, being both at the Time of such Marriage under Age; that, in One Thousand Six Hundred Ninety-three, having then and now living of that Marriage One Son and a Daughter, (videlicet,) Philip and Mary, did voluntarily, by Deed dated the Fourth of October One Thousand Six Hundred Ninetythree, settle and convey to Trustees all his Estate in the County of Sussex, of about the Yearly Value of Five or Six Hundred Pounds, to the Use of the Petitioner for Life, Remainder as to a Mansion house and Twenty Pounds a Year to the said Mary for her Life, Remainder to Trustees for Ninety-nine Years, for raising Three Hundred Pounds per Annum for the said Mary for her Jointure, with Remainders over; that the Petitioner contracting several Debts, amounting to Three Thousand Pounds, which he is unable to pay without selling Part of the Premises so settled, the same being voluntarily and after Marriage; that the Petitioner is willing, for the Benefit of his Family, to sell Part of the Premises, to discharge the said Incumbrances, that the Remainder may be settled pursuant to his Intentions, and he barred from incumbering the same; and praying Leave to bring in a Bill, for the Purposes aforesaid:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Consideration of the said Petition shall be, and is hereby, referred to Mr. Baron Smith and Mr. Justice Dormer; who are forthwith to summon all Parties that are to be concerned in the Bill; and, after hearing them, to report to the House the State of the Case, with their Opinion thereupon, under their Hands, and whether all Parties concerned in the Consequences of the Bill have signed the Petition.

Cotton House Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for the better securing Her Majesty's Purchase of Cotton House, in Westminster."

Mackintosh's, and Peck's Reports delivered.

The Lord Keeper acquainted the House, "That the Judges were ready to make their Reports to this House, upon the several Petitions of William Mackintosh and Mary Mackintosh; as also upon the Petition of William Peck Esquire, and others, referred to them, when the House will please to receive the same."

Which said Reports being delivered; it was agreed, and Ordered, That they lie on the Table, to be read and perused by the Lords of this House.

Woollen Manufacture, &c. Bill.

Whereas this Day was appointed, for the Second Reading of the Bill, intituled, "An Act for the continuing An Act made in the First Year of Her Majesty's Reign, for the more effectual preventing of Abuses and Frauds of Persons employed in the working up the Woollen, Linen, Fustian, Cotton, and Iron Manufactures of this Kingdom:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said Bill shall be read a Second Time on Monday next, at Eleven a Clock; and that the Judges do then attend.

Caldecot, Leave for a Bill.

After reading, and Consideration of, the Report made by Mr. Baron Smith and Mr. Justice Dormer, upon the Petition of Philip Caldecot; praying Leave to bring in a Bill, for the Purposes in the Petition mentioned:

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Petitioner hath hereby Leave given to bring in a Bill, according to the Prayer of the said Petition.

Farmer's Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for vesting in Trustees a Messuage and several Closes in Ratcliffe Culey, in the County of Leicester, to be sold, upon the settling another Estate, of as great or greater Value, to the like Uses as the Lands to be sold are limited."

Hockliff and Woburn Highways Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for repairing the Highway between Hockliffe and Wooborne, in the County of Bedford."

Ordered, That the Consideration of the said Bill be committed to the Lords following; (videlicet,)

Their Lordships, or any Five of them; to meet Tomorrow, at Ten a Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

Sir Seymour Piie's Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for Sale of the Estate of Sir Seymour Pile Baronet, for Payment of his Debts; and laying out the Residue of the Money arising by such Sale, for a Provision for himself and his Family."

Upon the First Reading of the Bill, intituled, "An Act for Sale of the Estate of Sir Seymour Pile Baronet, for Payment of his Debts; and laying out the Residue of the Money arising by such Sale, for a Provision for himself and his Family:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Consideration of the said Bill shall be, and is hereby, referred to Mr. Justice Tracy and Mr. Baron Price; who are forthwith to summon all Parties that are to be concerned in the Bill; and, after hearing them, to report to the House the State of the Case, with their Opinion thereupon, under their Hands.

Jovis, 24 die Aprilis, 1707, hitherto examined by us,

Westmorland.
Jonat. Exon.
Jo. Bangor.
De Lawarr.

Passage to Palace Yard, through The Gatehouse, Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for the enlarging the Passage leading to New Palace Yard, through The Gatehouse, Westm'r."

Maule's and Aldworth's Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for empowering the Barons of the Court of Exchequer in Ireland to grant a Commission to some Persons in England, to administer to Thomas Maule Esquire, Remembrancer of the said Court, the usual Oaths for the due Execution of his Office; and to enable him to take the Oaths, and subscribe the Declaration, in the Court of Chancery in England, instead of those requisite to be taken and subscribed by the Laws of England and Ireland, in order to qualify him to execute the said Office."

The Question was put, "Whether this Bill shall pass?"

It was Resolved in the Affirmative.

Message to H. C. with it.

A Message was sent to the House of Commons, by Mr. Rogers and Mr. Meddlicot:

To carry down the said Bill, and desire their Concurrence thereunto.

Clarke's Bill.

Hodie 1^a vice lecta est Billa, intituled "An Act to enable Thomas Clarke an Infant, to make a Lease of a House in St. Mary Ax, in London, to Sir Jeffrey Jeffreys Knight."

Upon the First Reading of the Bill, intituled, "An Act to enable Thomas Clarke, an Infant, to make a Lease of a House in St. Mary Ax, in London, to Sir Jeffrey Jeffreys Knight:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Consideration of the said Bill shall be, and is hereby, referred to Mr. Justice Gould and Mr. Baron Bury; who are forthwith to summon all Parties that are to be concerned in the Bill; and, after hearing them, to report to the House the State of the Case, with their Opinion thereupon, under their Hands.

Lee's Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for enabling Agnes Lee Widow to renew certain Leases for Lives, belonging to Richard Lee her Son, who is an Infant."

The Question was put, "Whether this Bill shall pass?"

It was Resolved in the Affirmative.

Message to H. C. with it.

A Message was sent to the House of Commons, by Mr. Rogers and Mr. Meddlicott:

To carry down the said Bill, and desire their Concurrence thereunto.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque ad et in diem Veneris, vicesimum octavum diem instantis Februarii, hora undecima Auroræ, Dominis sic decernentibus.