THE TREATY or Act of the
Union
Act Ratifying and
Approving the
Treaty of Union of the
Two Kingdoms
of Scotland and
England.
The Estates of Parliament
considering that Articles of Union of the Kingdoms of Scotland and England
were agreed on 22nd July, 1706 by the Commissioners nominated on behalf of
this Kingdom, under Her Majesties Great Seal of Scotland bearing date the
27th of February last past, in pursuance of the fourth Act of the third
Session of this Parliament and the Commissioners nominated on behalf of
the Kingdom of England under Her Majesties Great Seal of England bearing
date at Westminster the tenth day of April last past in pursuance of an
Act of Parliament made in England the third year of Her Majesties Reign to
treat of and concerning an Union of the said Kingdoms Which Articles were
in all humility presented to Her Majesty upon the twenty third of the said
Month of July and were Recommended to this Parliament by Her Majesties
Royal Letter of the date the 31st July, 1706
And that the said Estates
of Parliament have agreed to and approven of the saids Articles of Union
with some Additions and Explanations as is contained in the Articles
hereafter insert And sicklyke Her Majesty with advice and consent of the
Estates of Parliament Resolving to Establish the Protestant Religion and
Presbyterian Church Government within this Kingdom has past in this
Session of Parliament an Act entituled Act for secureing of the Protestant
Religion and Presbyterian Church Government which by the Tenor thereof is
appointed to be insert in any Act ratifying the Treaty and expressly
declared to be a fundamentall and essentiall Condition of the said Treaty
or Union in all time coming.
Therefore Her Majesty
with advice and consent of the Estates of Parliament in fortification of
the Approbation of the Articles as above mentioned And for their further
and better Establishment of the same upon full and mature deliberation
upon the forsaids Articles of Union and Act of Parliament Doth Ratifie
Approve and Confirm the same with the
Additions and
Explanations contained in the saids Articles in manner and under the
provision aftermentioned whereof the Tenor follows.
Article 1
I. That the Two Kingdoms
of Scotland and England, shall upon the 1st May next ensuing the date
hereof, and forever 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 think fit, and used in all Flags, Banners, Standards
and Ensigns both at Sea and Land.
Article 2
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 Electoress and Dutchess Dowager of Hanover, and
the Heirs of Her body, being Protestants, upon whom the Crown of England
is settled by an Act of Parliament made in England in the twelth year of
the Reign of His late Majesty King William the Third entituled An Act for
the further Limitation of the Crown and better securing the Rights and
Liberties of the Subject:
And that all Papists and
persons marrying Papists, shall be excluded from and forever incapable to
inherit possess or enjoy the Imperial Crown of Great Britain, and the
Dominions thereunto belonging or any part thereof; And in every such case
the Crown and Government shall from time to time descend to, and be
enjoyed by such person being a Protestant as should have inherited and
enjoyed the same, in case such Papists or person marrying a Papist was
naturally dead, according to the provision for the Descent of the Crown of
England, made by another Act of Parliament in England in the first year of
the Reign of their late Majesties King William and Queen Mary entituled an
Act declaring the Rights and Liberties of the Subject, and settling the
Succession of the Crown.
Article 3
III. That the United
Kingdom of Great Britain be Represented by one and the same Parliament, to
be stiled the Parliament of Great Britain.
Article 4
IV. That 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 otherwayes expressly agreed in these
Articles.
Article 5
V. That all ships or
vessels belonging to Her Majesties Subjects of Scotland at the time of
Ratifying the Treaty of Union of the Two Kingdoms in the Parliament of
Scotland though forreign built be deemed and pass as ships of the build 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 of 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
forreigner directly or indirectly hath any share part or interest therein,
Which Oath shall be made before the chief Officer or Officers of the
Customs in the Port next to the abode of the said Owner or Owners;
And the said Officer or
Officers shall be Impowered to administer the said Oath, And the Oath
being so administred shall be attested by the Officer or Officers who
administred the
same And being Registred
by the said Officer or Officers, shall be delivered to the Master of the
ship for security of her Navigation and a Duplicate thereof shall be
transmitted by the said Officer or Officers to the Chief Officer or
Officers of the Customs in the port of Edinburgh, to be there Entered in a
Register and from thence to be sent to the port of London to be there
Entered in the General Register of all Trading ships belonging to Great
Britain.
Article 6
VI. That all parts of the
United Kingdom for ever from and after the Union shall have the same
Allowances, Encouragements and Drawbacks, and be under the same
Prohibitions, Restrictions and Regulations of Trade and lyable to the same
Customs and Duties on Import and Export. And that the Allowances
Encouragements and Drawbacks Prohibitions Restrictions and Regulations of
Trade and the Customs and Duties on Import and Export 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 lyable to any
other Duties either on the publick or private Accounts than these Duties
to which the Cattle of England are or shall be lyable within the said
Kindgom. And seeing by the Laws of England there are Rewards granted upon
the Exportation of certain kinds of Grain wherein Oats grinded or
ungrinded are not expressed, that from and after the Union when Oats shall
be sold at 15 shillings Sterling per quarter of the Oat-meal 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 effectuall ways be
provided by the Parliament of Great Britain for discouraging the
Importation of the said Victual from beyond Sea.
Article 7
VII. That all parts of
the United Kingdom be for ever from and after the Union lyable to the same
Excises upon all Exciseable Liquors excepting only that the 34 Gallons
English Barrel of Beer or Ale amounting to 12 Gallons Scots present
measure sold in Scotland by the Brewer at 9/6d Sterling excluding all
Duties and Retailed including Duties and the Retailer's profit at 2d the
Scots pint or eight part of the Scots Gallon, be not after the Union
lyable on account of the present Excise upon Exciseable Liquors in
England, to any higher Imposition than 2s Sterling upon the forsaid 34
Gallons English barrel, being 12 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.
Article 8
VIII. That from and after
the Union all forreign Salt which shall be Imported into Scotland shall be
charged at the Importation there with the same Duties as the like Salt is
now charged with being Imported into England and to be levied and secured
in the same manner. But in regard the Duties of great quantities of
forreign Salt Imported may be very heavie on the Merchants Importers; That
therefor all forreign Salt imported into Scotland shall be Cellared and
Locked up under the custody of the Merchant Importer and the Officers
imployed for levying the Duties upon Salt And that the Merchant may have
what quantities thereof his occasion may require not under a Weigh or
fourtie Bushells 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 Dutie or Excise now payable for Salt made in England:
But from the Expiration
of the said seven years shall be subject and lyable to the same Duties for
Salt make in Scotland, as shall be then payable for Salt made in England,
to be levied and secured in the same manner and with proportional
Drawbacks and Allowances as in England, with this exception that Scotland
shall after the said seven years remain exempted from the Duty of 2s 4d a
Bushell on home Salt Imposed by ane 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 2s 4d 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 payed 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 and levied and secured in the
same manner as the Duties on forreign Salt are to be levied and secured in
England.
And that after the said
seven years how long the said Duty of 2s 4d a Bushel upon Salt is
continued in England the said 2s 4d 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 2s 4d 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 20s 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
lyable jointly and severally, And the persons bringing or carrying the
same, to be imprisoned by any one Justice of the Peace, by the space of
six months without Bail, and until the penalty by payed:
And for Establishing an
equality 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 forreign voyages may be salted
with Scots Salt paying the same Dutie 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 Pineing Curing and Packing of Herrings White
Fish and Salmond for Exportation with Forreign Salt only without any
mixture of British or Irish Salt and for preventing of frauds in Curing
and Packing of Fish be continued in force in Scotland subject to such
alterations as shall be made by the Parliament of Great Britain.
And that all Fish
exported from Scotland to parts beyond the Seas which shall be Cured with
Forreign Salt only and without mixture of British or Irish Salt, shall
have the same Eases Premiums and Drawbacks as are or shall be allowed to
such persons as Export the like Fish from England: And that for
Encouragement of the Herring Fishing there shall be allowed and payed to
the Subjects Inhabitants of Great Britain during the present allowances
for other Fishes 10s 5d Sterling for every Barrel of White Herrings which
shall be exported from Scotland; And that there shall be allowed 5s
Sterling for every Barrel of Beef of Pork salted with Forreign Salt
without mixture of British or Irish Salt and Exported for sale from
Scotland to parts beyond Sea alterable by the Parliament of Great Britain.
And if any matters of
fraud relating to the said Duties on Salt shall hereafter appear which are
not sufficiently provided against by this Article the same shall be
subject to such further provisions as shall be thought fit by the
Parliament of Great Britain.
Article 9
IX. That whenever the sum
of œ1,997,763 8s 4d (and one) 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 œ48,000 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.
Articles 10-13
X. That during the
continuance of the respective Duties on Stampt paper, Vellom and
Parchment, by the severall Acts now in force in England, Scotland shall
not be charged with the same respective Duties.
XI. That during the
continuance of the Duties payable in England on Windows and Lights which
determines on 1st August 1710 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 30th September 1710 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 Coals, Culm and Cinders not
consumed in Scotland.
XIII. That during the
continuance of the Duty payable in England on Malt, which determines 24th
June 1707, Scotland shall not be charged with that Duty.
Article 14
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 publick Charge and Service of that Kingdom
for the year 1707: 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 lyable to the same
Customs and Excises, and have an Equivalent to be settled by the
Parliament of Great Britain;
With this further
provision That any Malt to be made and consumed in that part of the United
Kingdom now called Scotland shall not be charged with any Imposition upon
Malt during this present War
And seeing it cannot be
supposed that the Parliament of Great Britain will ever lay any sorts of
Burthens upon the United Kingdom, but what they shall find 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
Exemption beyond that already agreed on in this Treaty, shall be left to
the
determination of the
Parliament of Great Britain.
Article 15
XV. Whereas by the Terms
of this Treaty the Subjects of Scotland for preserving an Equality of
Trade throughout the United Kingdom, will be lyable to severall 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 viz.
That before the Union of
the said Kingdoms, the sum of œ398,085 10s be granted to Her Majesty by
the Parliament of England for the uses aftermentioned, being the
Equivalent to be answered to Scotland for such parts of the saids 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 œ30,000 per annum : And which the present Excises on
Excisable Liquors in Scotland, do bear to the Customs in England, computed
at œ1,341,559 per annum :
And which the present
Excises on Excisable Liquors in Scotland, being œ33,500 per annum, do bear
to the Excises and Excisable Liquors in England, computed at œ947,602 per
annum; Which sum of œ398,085 10s, shall be due and payable from the time
of the Union:
And in regard That after
the Union Scotland becoming lyable to the same Customs and Duties payable
on Import and Export, and to the same Excises on all Exciseable Liquors
as in England as well as
upon that account as upon the account of the Increase of Trade and People
(which will be the happy consequence of the Union)* the said Revenues will
much improve beyond the before mentioned annual values thereof, of which
no present Estimate can be made, Yet nevertheless for the reasons
aforesaid there ought to be a proportionable Equivalent answered to
Scotland 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 encrease as shall be applicable to the payment of Debts of
England.
And for the further and
more effectuall answering the severall ends hereafter mentioned It is
agreed that from and after the Union, the whole Encrease 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
And as for the uses to
which the said sum of œ398,085 10s 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 privat 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 5% per annum from the respective times of the payment
thereof shall be payed; 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 œ398,085 10s the said Company shall neither Trade nor Grant Licence
to Trade Providing that if the said Stock and Interest shall not be payed
in twelve months after the Commencement of the Union That then the said
Company may from thence forward Trade or give Licence to Trade until the
said hail Capital Stock and Interest shall be payed:
And as to the Overplus of
the said sum of œ398,085 10s 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 Excises above the present value which shall arise in Scotland
during the said term of seven years together with the Equivalent which
shall become due upon the Improvement thereof in Scotland after the said
term and also as to all other sums which according to the agreements
aforesaid may become payable to Scotland by way of Equivalent for what
that Kingdom shall hereafter become Scotland for such parts of the English
Debts as Scotland may hereafter become lyable to pay by reason of the
Union, other than such for which appropriations have been made by
Parliament in England of the Customs, or other duties on Export and Import
Excises on all Exciseable Liquors, in respect of which Debts, Equivalents
are herein before
provided.
Article 16
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.
Article 17
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 Burroughs in Scotland, to whom the
keeping the Standards of Weights and Measures now in use there does of
speciall Right belong; All which Standards shall be sent down to such
respective Burroughs from the Standards kept in the Exchequer at
Westminster, subject nevertheless to such Regulations as the Parliament of
Great Britain shall think fit.
Article 18
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 publick right Policy, and Civil Government, and those which
concern private right and the Laws which concern publick 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 the evident utility of the subjects within Scotland.
Article 19
XIX. That the Court of
Session or Colledge of Justice, do after the Union and notwithstanding
thereof, remain in all time coming within Scotland as it is now
constituted by the Laws of that Kingdom, and with the same Authority and
Priviledges as before the Union; subject nevertheless to such Regulations
for the better Administration of Justice as shall be made by the
Parliament of Great Britain; And that hereafter none shall be named by Her
Majesty or Her Royal Successors to be Ordinary Lords of Session but such
who have served in the Colledge of Justice as Advocats or Principal Clerks
of Session for the space of five years, or as Writers to the Signet for
the space of ten years With this provision That no Writer to the Signet be
capable to be admitted a Lord of the Session unless he undergo a private
and publick Tryal on the Civil Law before the Faculty of Advocats 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 Priviledges as before the
Union; subject nevertheless to such Regulations as shall be made by the
Parliament of Great Britain, and without prejudice of other Rights of
Justiciary:
And that all Admiralty
Jurisdictions be under the Lord High Admirall or Commissioners for the
Admiralty of Great Britain for the time being; And that the Court of
Admiralty now Established in Scotland be continued, And that all Reviews,
Reductions or Suspensions of the Sentences in Maritime Cases competent to
the Jurisdiction of that Court remain the 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 alwayes continued in Scotland a Court of
Admiralty such as in England, for determination of all Maritime Cases
relating to private Rights in Scotland competent to the Jurisdiction of
the Admiralty Court; subject nevertheless to such Regulations and
Alterations as shall be thought proper to be made by the Parliament of
Great Britain; And that the Heritable Rights of Admiralty and
Vice-Admiralties in Scotland be reserved to the respective Proprietors as
Rights of Property, subject nevertheless, as to the manner of Exercising
such Heritable Rights to such Regualtions 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 Supream Courts of Justice within the same in all time coming;
And that no Causes in
Scotland be cognoscible by the Courts of Chancery, Queens-Bench,
Common-Pleas, or any other Court in Westminster-hall; And that the said
Courts, or any other of the like nature after the Union, shall have no
power to Cognosce, Review or Alter the Acts or Sentences of the
Judicatures within Scotland, or stop the Execution of the same;
And that there be a Court
of Exchequer in Scotland after the Union, for deciding Questions
concerning the Revenues of Customs and Excises there, having the same
power and authority in such cases, as the Court of Exchequer has in
England And that the said Court of Exchequer in Scotland have power of
passing Signatures, Gifts Tutories, and in other things as the Court of
Exchequer 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 Queens 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.
Article 20
XX. That all heritable
Offices, Superiorities, heritable Jurisdictions, Offices for life, and
Jurisdictions for life, be reserved to the Owners thereof, as Rights of
Property, in the same manner as they are now enjoyed by the Laws of
Scotland, notwithstanding of this Treaty.
Article 21
XXI. That the Rights and
Privileges of the Royall Burroughs in Scotland as they now are, Do Remain
entire after the Union, and notwithstanding thereof.
Article 22
XXII. That by virtue of
this Treaty, Of the Peers of Scotland at the time of the Union 16 shall be
the number to Sit and Vote in the House of Lords, and 45 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 16 Peers, who are to sit in the House of Lords to be
Summoned to Parliament and 45 Members to be Elected to sit in the House of
Commons of the Parliament of Great Britain according to the Agreement in
the 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 ingrossed in this
Treaty:
And that the Names of the
Persons so Summoned and Elected, shall be Returned by the Privy Council of
Scotland into the Court from whence the said Writ did issue. And that if
her Majesty, on or before the 1st 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 50 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 16 Peers, and for Electing forty five
Members, by whom Scotland is to be Represented in the Parliament of Great
Britain:
And the Lords of
Parliament of England, and the 16 Peers of Scotland, such 16 Peers being
Summoned and Returned in the manner agreed by this Treaty; and the Members
of the House of Commons of the said Parliament of England and the 45
Members for Scotland, such 45 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
otherwayes Direct, shall take the respective Oaths, appointed to be taken
in stead of the Oaths of Allegiance and Supremacy, by an Act of Parliament
made in England in the first year of the Reign of the late King William
and Queen Mary entituled 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 30th year of the Reign of King Charles the Second
entituled An Act for the more effectual preserving the Kings 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 Majesties Reign
entituled An Act to Declare the Alterations in the Oath appointed to be
taken by the Act Entituled An Act for the further security of His
Majesties 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
aforsaid 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.
Article 23
XXIII. That the foresaid
16 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
Priviledges 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 tryals of Peers: And in case of
the tryal of any Peer in time of Adjournment or Prorogation of Parliament,
the said 16 Peers shall be summoned in the same manner, and have the same
powers and priviledges at such tryal, as any other Peers of Great Britain;
And that in case any tryals of Peers shall hereafter happen when there is
no Parliament in being, the 16 Peers of Scotland who sate in the last
preceeding Parliament, shall be summoned in the same manner and have the
same powers and privileges at such tryals 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 tryed 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 tryals of Peers.
Article 24
XXIV. That from and after
the Union, there be One Great Seal for the United Kingdom of Great
Britain, which shall be different from the Great Seal now used in either
Kingdom; And that the Quartering the Arms and the Rank and Precedency of
the Lyon King of Arms of the Kingdom of Scotland as may best suit the
Union be left to Her Majesty: And that in the mean time the Great Seal of
England be used as the Great Seal of the United Kingdom, and that the
Great Seal of the United Kingdom be used for Sealing Writs to Elect and
Summon the Parliament of Great Britain and for sealing all Treaties with
Forreign Princes and States, and all publick Acts Instruments and Orders
of State which Concern the whole United Kingdom, and in all other matters
relating to England, as the Great Seal of England is now used, and that a
Seal in Scotland after the Union be alwayes 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 the 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 Regulations as the Parliament of Great Britain shall
hereafter make:
And that the Crown,
Scepter and Sword of State, the Records of Parliament, and all other
Records, Rolls and Registers whatsoever, both publick and private generall
and particular, and Warrands thereof Continue to be keeped 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.
Article 25
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.
© John A. Duncan of Sketraw, KCN, FSA Scot
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