DIE Martis, 28 Januarii.
REGINA.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
| | |
Arch. Cantuar.
Arch. Ebor.
Epus. Dunel. & D. Crew.
Epus. Wigorn.
Epus. Sarum.
Epus. Cestr.
Epus. Norwic.
Epus. Petriburg.
Epus. Cicestr.
Epus. Oxon.
Epus. Bangor.
Epus. Asaphen.
Epus. Meneven.
Epus. Lincoln.
Epus. Landaven. |
Ds. Custos Magni Sigilli.
Comes Pembroke, Præses.
Dux Devonshire, Senescallus.
Dux Somerset.
Dux Richmond.
Dux Grafton.
Dux Ormonde.
Dux Beaufort.
Dux Northumberland.
Dux St. Albans.
Dux Bolton.
Dux Marlborough.
Dux Buckingham.
March. Lindsey, Magnus Camerarius.
March. Kent, Camerarius.
March. Dorchester.
Comes Derby.
Comes Bridgewater.
Comes Leicester.
Comes Northampton.
Comes Westmorland.
Comes Manchester.
Comes Stamford.
Comes Winchilsea.
Comes Sunderland.
Comes Scarsdale.
Comes Anglesey.
Comes Carlisle.
Comes Feversham.
Comes Berkeley.
Comes Nottingham.
Comes Rochester.
Comes Abingdon.
Comes Scarbrough.
Comes Jersey.
Comes Wharton.
Comes Poulett.
Comes Cholmondeley.
Comes Bindon.
Viscount Say & Seale.
Viscount Townshend. |
Ds. Lawarr.
Ds. Pagett.
Ds. Howard Eff.
Ds. North & Grey.
Ds. Byron.
Ds. Colepeper.
Ds. Rockingham.
Ds. Lexington.
Ds. Berkeley Str.
Ds. Cornwallis.
Ds. Ossulstone.
Ds. Dartmouth.
Ds. Stawell.
Ds. Guilford.
Ds. Ashburnham.
Ds. Weston.
Ds. Herbert.
Ds. Haversham.
Ds. Halifax.
Ds. Hervey.
Ds. Pelham. |
PRAYERS.
Van Holt & al. Nat. Bill.
Upon reading the Petition of Henry Van Holte and
others; praying Leave to bring in a Bill for their Naturalization:
It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Petitioners have
hereby Leave to bring in a Bill, according to the Prayer
of their Petition.
Chamberlaine versus Newte.
Whereas this Day was appointed, to hear the Judges
Opinions, in the Case of Roger Chamberlaine and John
Newte, as to this Point, "Whether the Tithe payable
for Corn ground in a Horse Malt Mill is a Personal,
Predial, or Mixed Tithe; and in what Manner Tithe
is to be paid for Corn ground in such Mill, if any
Tithe is due for the same?"
It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Judges shall be
heard thereunto, on Wednesday the Fifth Day of February
next, at Eleven a Clock.
The House was adjourned during Pleasure, to robe.
The House was resumed.
Queen present.
Her Majesty, being seated on Her Royal Throne,
adorned with Her Crown and Regal Ornaments, attended
with Her Officers of State (the Peers being in their
Robes), commanded the Deputy Gentleman Usher of
the Black Rod to signify to the House of Commons,
"That it is Her Majesty's Pleasure, they attend Her
presently, in the House of Peers."
Who being come, with their Speaker; the Clerk of
the Crown read the Titles of the Bills to be passed, as
follow; (videlicet,)
Bills passed.
"An Act for settling upon John Duke of Marlborough and his Posterity a Pension of Five Thousand
Pounds per Annum, for the more Honourable Support
of their Dignities, in like Manner as his Honours and
Dignities, and the Honour and Manor of Woodstock,
and House of Bleinheim, are already limited and
settled."
To this Bill the Clerk of the Parliaments pronounced the Royal Assent, in these Words,
"La Reyne le veult."
"An Act to enable Henry Grey, Second Son of Richard Nevill Esquire, to change his Name from Nevill
to Grey, according to the Will of Ralph Lord Grey,
deceased.
"An Act to make the Ship Vigilantia, of Stad upon
the River Elbe in Germany (lately a Wreck), a free
Ship."
"An Act to make the Ship called The Neptune Priveteer (a Foreign-built Ship, lately bought as a Wreck)
a free Ship."
"An Act for naturalizing John Tigh."
To these Bills the Clerk of the Parliaments pronounced the Royal Assent, severally, in these
Words; (videlicet,)
"Soit fait come il est desire."
Then Her Majesty was pleased to say as follows:
Queen's Speech.
"My Lords, and Gentlemen,
"Having acquainted you, at the Opening of this
Session, that the Treaty for an Union between England
and Scotland, which had been concluded here by the
Commissioners appointed for that Purpose, in Pursuance of the Powers given by the Parliaments of
both Kingdoms, was then under the Consideration of
the Parliament of Scotland; I can now, with great Satisfaction, inform you, that the said Treaty has been
ratified by Act of Parliament in Scotland, with some
Alterations and Additions.
"I have directed the Treaty, agreed to by the Commissioners of both Kingdoms, and also the Act of Ratification from Scotland, to be laid before you; and, I
hope, it will meet with your Concurrence and Approbation.
"Gentlemen of the House of Commons,
"It being agreed, by this Treaty, that Scotland is to
have an Equivalent for what that Kingdom is obliged
to contribute towards paying the Debts of England;
I must recommend to you, that, in case you agree to
the Treaty, you (fn. *) would take Care to provide for the
Payment of the Equivalent to Scotland accordingly.
"My Lords, and Gentlemen,
"You have now an Opportunity before you, of putting the last Hand to a happy Union of the Two
Kingdoms; which, I hope, will be a lasting Blessing to
the whole Island, a great Addition to its Wealth and
Power, and a firm Security to the Protestant Religion.
"The Advantages, which will accrue to us all from
an Union are so apparent, that I will add no more,
but that I shall look upon it as a particular Happiness,
if this great Work, which has been so often attempted without Success, can be brought to Perfection in
My Reign."
Jovis, 17 Aprilis, 1707, Hitherto examined by us,
Stamford.
Orford.
Somers.
Then Her Majesty was pleased to withdraw; and the
Commons went to their House.
The House was adjourned during Pleasure, to unrobe.
The House was resumed.
The Earl of Sunderland, Her Majesty's Principal Secretary of State, by Her Majesty's Command, laid
before the House, the Minutes of the Proceedings of the
Commissioners of both Kingdoms; and,
Articles of Union between England and Scotland.
1. "Articles of Union, agreed on, the Twenty-second
Day of July in the Fifth Year of the Reign of
Her most Excellent Majesty Anne, by the
Grace of God, Queen of England, Scotland,
France, and Ireland, Defender of the Faith, &c.
and in the Year of our Lord One Thousand
Seven Hundred and Six, by the Commissioners
nominated on Behalf of the Kingdom of
England, under Her Majesty's 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, in the
Third Year of Her Majesty's Reign; and the
Commissioners nominated on the Behalf of
the Kingdom of Scotland, under Her Majesty's Great Seal of Scotland, bearing Date
the Twenty-seventh Day of February last past,
in Pursuance of the Fourth Act of the Third
Session of Her Majesty's current Parliament
of Scotland, in the Fourth Year of Her Majesty's Reign, to treat of and concerning an
Union of the said Kingdoms; which Articles
are, in all Humility, to be presented to the
Queen's most Excellent Majesty, and offered
to the Consideration of the respective Parliaments of both Kingdoms, pursuant to the said
Acts and Commissions.
"I. That the Two Kingdoms of England and Scotland 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 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.
"II. 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 Hannover, 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 One other 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."
"III. That the United Kingdom of Great Britain be
represented by One and the same Parliament, to be
styled, "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 either Kingdom; except where it is otherwise expressly agreed in these Articles.
"V. That all Ships belonging to Her Majesty's Subjects of Scotland, at the Time of signing this Treaty
for the Union of the Two Kingdoms (though Foreign-built), shall 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 Union, making Oath,
"That, at the Time of signing the said Treaty, the
same did belong to him or them, or to some other
Subject or Subjects of Scotland, to be particularly
named, with the Places of their respective Abodes;
and that the same doth then 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 administered 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 Edenburgh, 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.
"VI. That all Parts of the United Kingdom, for ever,
from and after the Union, shall have the same Allowances and Encouragements, 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,
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.
"VII. That all Parts of the United Kingdom be, for
ever, from and after the Union, liable to the same
Excises upon all Exciseable Liquors; and that the
Excise settled in England on such Liquors, when
the Union commences, take Place throughout the
whole United Kingdom.
"VIII. That, from and after the Union, all Foreign
Salt, which shall be imported into Scotland, shall be
charged, at the Importation therewith, 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 Scotland shall, for the Space
of Seven Years from the said Union, be exempt from
the 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 the like Drawbacks and Allowances, as in England; and, 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, during the said Seven Years, 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 that, during the said Seven
Years, all salted Flesh or Fish, exported from Scotland
to England, or made Use of for victualing of Ships in
Scotland, and all Flesh put on board in Scotland to be
exported to Parts beyond the Seas, which shall be
salted with Scotch Salt, or any Mixture therewith,
shall be forfeited, and may be seized: 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, 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 Foreign
Salt only, shall have the same Easies, Premiums, and
Drawbacks, as are or shall be allowed to such Persons as export the like Fish from England: 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 farther 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
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.
"X. 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.
"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 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.
"XIII. That, during the Continuance of the Duty payable in England on Malt, which determines the
Twenty-fourth Day of June One Thousand Seven
Hundred and Seven; Scotland shall not be charged
with that Duty.
"XIV. That the Kingdom of Scotland be not charged
with any other Duties laid on by the Parliament of
England before the Union, except those 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 nevertheless, 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. And seeing it cannot be supposed that the
Parliament of Great Britain will ever lay any Sort of
Burdens 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 on 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. 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, in all Particulars whatsoever, in Manner following; (videlicet,)
That, before the Union of the said Kingdoms, the
Sum of Three Hundred Ninety-eight Thousand
Eighty-five Pounds, and 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 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 Eightyfive Pounds, and 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 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 Account 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 whereas, from the Expiration of Seven Years
after the Union, Scotland is to be liable to the same
Duties for Salt made in Scotland as shall be then payable for Salt made in England; it is agreed, that, when
such Duties take Place there, an Equivalent shall be
answered to Scotland for such Part thereof as shall be
applied towards Payment of the Debts of England;
of which Duties an Account shall be kept, to the
End it may appear what is to be answered to Scotland
as the said Equivalent: 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 or Import, Excises on all exciseable Liquors, or Salt, 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, and Ten Shillings, to
be granted as aforesaid, and all other Monies which
are to be answered or allowed to Scotland as aforesaid; it is agreed, that, out of the said Sum of Three
Hundred Ninety-eight Thousand Eighty-five Pounds,
and Ten Shillings, all the Public Debts of the Kingdom of Scotland, and also the Capital Stock or Fund
of the Affrican and Indian Company of Scotland advanced, together with the Interest of the said Capital
Stock, after the Rate of Five Pounds 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, and Ten Shillings, the
said Company shall neither trade, nor grant License
to trade. And as to the Overplus of the said Sum of
Three Hundred Ninety-eight Thousand Eighty-five
Pounds, and Ten Shillings, after the Payment of the
said Debts of the Kingdom of Scotland, and 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
Account of 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 Debts of England; it is agreed, that
the same be applied in Manner following; to wit,
that, out of the same, 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; and afterwards, the same shall be
wholly applied towards encouraging and promoting
the Fisheries, and such other Manufactories 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 Eightyfive Pounds, and Ten Shillings, and all other Monies
which shall arise to Scotland upon the Agreements
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.
"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, subject to such Regulations 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 Boroughs 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 Boroughs
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 Excise 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, the Terms
of 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.
"XIX. 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 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 Re
gulations as shall be made by the Parliament of Great
Britain, and without Prejudice of other Rights of
Justiciary: And that all Admiralty Jurisdiction 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 is 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 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 Public
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 Heretable Offices, 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 this Treaty.
"XXI. That the Rights and Privileges of the Royal
Boroughs 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 in this Treaty,
in such Manner as by the Parliament of Scotland shall
be settled before the Union; 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 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
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 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 the Right of sitting upon the Trials of
Peers.
"XXIIII. 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, 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, Cachet,
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.
"XXV. 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.
"In Testimony whereof, the Commissioners for the
said respective Kingdoms, empowered as aforesaid, have set their Hands and Seals to these
Articles, contained in this and the Twenty-seven
foregoing Pages, at Westminster, the Day and
Year first above written.
| | |
"Tho. Cantuar. (L. S.)
Wm. Cowper. (L. S.)
Godolphin. Ο
Pembroke, P. Ο
Newcastle, C. P. S. Ο
Devonshire. Ο
Somerset. Ο
Bolton. Ο
Kingston. Ο
Sunderland. Ο
Orford. Ο
Townshend. Ο
T. Wharton. Ο
Poulett. Ο
Somers. Ο
J. Smith. Ο
Hartington. Ο
Granby. Ο
C. Hedges. Ο
Ro. Harley. Ο
H. Boyle. Ο
J. Holt. Ο
Tho. Trevor. Ο
Edw. Northey. Ο
Sim. Harcourt. Ο
J. Cooke. Ο
Stephen Waller. Ο |
Seafield, Cancellar. (L. S.)
Queensberry, C. P. S. (L. S.)
Mar, S. Ο
Loudoun, S. Ο
Sutherland. Ο
Morton. Ο
Wemyss. Ο
Leven. Ο
Starr. Ο
Roseberie. Ο
Glasgow. Ο
Arch. Campbell. Ο
Dupplin. Ο
Rosse. Ο
Hen. Dalrymple. Ο
Ad. Cokburne. Ο
F. Montgomerie. Ο
David Dalrymple. Ο
Patt. Johnston. Ο
Ja. Smollett. Ο
W. Morrison. Ο
Alexander Grantt. Ο
W. Seton. Ο
John Clerke. Ο
Dan. Steuart. Ο
Daniel Campbell. Ο |
The Earl of Sunderland, by Her Majesty's Command, also laid before the House.
"A C T,
"Ratifying and approving the Treaty of Union
of the Two Kingdoms of Scotland and England.
"At Edinburgh, the Sixteenth Day of January,
in the Fifth Year of Her Majesty's Reign,
and in the Year of our Lord One Thousand
Seven Hundred and Seven.
"The Estates of Parliament, considering, that Articles of Union of the Kingdoms of Scotland and
"England were agreed on the Twentieth and Second Day
of July One Thousand Seven Hundred and Six Years,
by the Commissioners nominated on Behalf of this
Kingdom under Her Majesty's Great Seal of Scotland,
bearing Date the Twentieth and 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 Majesty's 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 Majesty's Reign, to treat of and
concerning an Union of the said Kingdoms; which
Articles were, in all Humility, presented to Her Majesty upon the Twentieth and Third of the said Month
of July, and were recommended to this Parliament by
Her Majesty's Royal Letter, of the Date the Thirtyone Day of July One Thousand Seven Hundred and
Six; and that the said Estates of Parliament have
agreed to and approven of the said Articles of Union,
with some Additions and Explanations, as is contained
in the Articles hereafter insert, and sicklike; 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,
intituled, "Act for securing 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 fundamental and essential 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 the further
and better establishing of the same, upon full and
mature Deliberation upon the foresaid Articles of
Union and Act of Parliament, doth ratify, approve,
and confirm the same, with the Additions and Explanations contained in the said Articles, in Manner, and
under the Provision, after mentioned; whereof the
Tenor follows:
"Ist Article. 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 Saint Andrew and Saint 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 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 Hannover, 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."
"III. That the United Kingdom of Great Britain be
represented by One and the same Parliament, to be
styled, "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
either Kingdom, except where it is otherwise expressly agreed in these Articles.
"V. 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 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.
"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 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 seeing, 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.
"VII. 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 Eight 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 foresaid 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 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 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,
during the Continuance of the Duty of Two Shillings
and Four Pence a Bushel 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 and 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
Foreign 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 Fishery, 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.
"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
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.
"X. 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.
"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 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.
"XIII. 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.
"XIV. 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 nevertheless, 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 Burdens 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. 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, 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 beforementioned 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 for
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 foresaid 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 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 License 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 License 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 hail Increase of the said Revenues of
Customs, Duties, and Excise, 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 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 foresaid; 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 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 Eightyfive 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.
"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 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.
"XIX. 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 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 Public 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 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.
"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 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 sit, 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 their 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 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, "The 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 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.
"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
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.
"XXV. 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."
"Follows the Tenor of the foresaid Act, for securing the Protestant Religion and Presbyterian Church Government.
Act of the Parliament of Scotland, for securing the Presbyterian Church Government there.
"Our Sovereign Lady, and the Estates of Parliament,
considering that, by the late Act of Parliament for
a Treaty with England, for an 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, Dis
cipline, and Government of this Church, to continue
without any Alteration to the People of this Land,
in all succeeding Generations, and more especially,
Her Majesty, with Advice and Consent foresaid,
ratifies, approves, and for ever confirms, the Fifth
Act of the First Parliament of King William and
Queen Mary, intituled. "Act, ratifying the Confession of Faith, and settling Presbyterian Church
Government," with the haill 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
April One Thousand Six Hundred and Eighty-nine;
and Her Majesty, with Advice and Consent foresaid,
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 Colleges of St. Andrew's, Glasgow, Aberdeen,
and Edingburgh, as now established by Law, shall
continue within this Kingdom for ever; and that, in
all Time coming, no Professors, Principals, Regents,
Masters, or others bearing Office in any University,
College, or School, within this Kingdom, be capable,
or 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 conform 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 furder, Her Majesty, with Advice foresaid, expressly declares and statutes, That none of
the Subjects of this Kingdom shall be liable 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 statute and ordained, 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 contained 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 expressly
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 above
written, Her Majesty, with Advice and Consent foresaid, statutes, enacts, and ordains, to be and continue,
in all Time coming, the sure and perpetual Foundation of a compleat and entire Union of the Two
Kingdoms of Scotland and England, under the express
Condition and Provision, That this Approbation and
Ratification of the foresaid Articles and Act shall
be no Ways binding on this Kingdom, until 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,
approven, and confirmed by Her Majesty, 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 above-mentioned, shall, from and after the Union,
cease and become void.
"The Act of Parliament written on this and the
foregoing Twenty-six Pages is extracted from
the Records of Parliament; and each of the
said Pages is signed by me, Sir James Murray
of Philiphaugh, One of the Senators of the
College of Justice, Clerk to the Parliament,
and to Her Majesty's Councils, Registers, and
Rolls.
"Ja. Murray, Cl's Reg."
Then the said Articles were read, as signed by the
Commissioners of both Kingdoms.
As also the said Act, ratifying and approving the
Treaty of Union of the Two Kingdoms of England
and Scotland.
Church of England, Bill for securing.
The House being moved, "That Leave may be given
to bring in a Bill, for securing the Church of England, as by Law established:"
It was Ordered, That his Grace the Lord Archbishop of Canterbury do take Care that a Bill be prepared, and brought in, accordingly.
Proceedings relating to the Union, to be printed.
It is Ordered, by the Lords Spiritual and Temporal
in Parliament assembled, That the Articles of Union,
agreed on the Two and Twentieth Day of July in the
Fifth Year of the Reign of Her most Excellent Majesty Queen Anne, by the Commissioners nominated on
the Behalf of the Kingdom of England, in Pursuance
of an Act made in England; and the Commissioners nominated on the Behalf of the Kingdom of Scotland,
under Her Majesty's Great Seal of Scotland, pursuant
to an Act made in Scotland; the Act made in the
Parliament of Scotland, intituled, "Act, ratifying and
approving the Treaty of Union of the Two Kingdoms of Scotland and England;" and also the Minutes of the Proceedings of the Commissioners of both
Kingdoms, delivered into the House this Day by Her
Majesty's Command, shall be forthwith printed and published.
House to be called.
It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That To-morrow, at One
a Clock, this House shall be called over; and all the
Lords summoned to attend.
Adjourn.
Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercurii, vicesimum nonum diem instantis Januarii, hora
undecima Auroræ, Dominis sic decernentibus.