“Abstract of the Act made in the Fourth Session of the First Parliament of our late most High and Dread Sovereign Queen ANNE, &c, holden and begun at Edinburgh, the third Day of October, 1706. Entituled, ACT, Ratifying and Approving the Treaty of Union of the Two Kingdoms of Scotland and England.
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January 16, 1707.
THE Estates of Parliament considering, That Articles of Union of the Kingdoms of Scotland and England, were Agreed on the twenty second of July, One Thousand seven Hundred and six Years, by the Commissioners Nominated on Behalf of this Kingdom, under Her Majesties Great Seal of Scotland, bearing Date the twenty seventh of February last past, in pursuance of the fourth Act of the Third Session of this Parliament, and the Commissioners Nominated on Behalf of the Kingdom of England, under Her Majesties Great Seal of England, bearing Date at Westminster the Tenth Day of April last past, in pursuance of an Act of Parliament made in England the Third Year of Her Majesties Reign, To Treat of and concerning an Union of the said Kingdoms; Which Articles were, in all Humility, presented to Her Majesty, upon the twenty third of the said Month of July, and were recommended to this Parliament by Her Majesties Royal Letter, of the Date the thirty one Day of July one Thousand seven hundred and six; And that the said Estates of Parliament, 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 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 of 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 foresaid Articles of Union, and Act of Parliament, Doth Ratify, Approve and Confirm the same, with the Additions and Explanations contained in the saids Articles, in Manner and under the Provision after-mentioned, whereof the Tenor follows.
I.Article. No Addition, nor Explanation.
II.Article. No Addition, nor Explanation.
III.Article. No Addition, nor Explanation.
IV.Article. No Addition, nor Explanation.
V.Article. Instead of the Words, at the Time of signing this Treaty, ‘tis said, at the Time of Ratifying the Treaty of Union of the Two Kingdoms in the Parliament of Scotland. And, instead of the Words, within twelve Months after the Union, ‘tis said, within Twelve Months after the First of May next. Instead of the Words, making Oath, that the same did belong to him or them, ‘tis said, making Oath, that the same did, in Haill or in Part, belong to him or them.
VI.Article. That all Parts of the United Kingdom, for ever from and after the Union, shall have the same Allowances and Encouragements, [there the Word DRAWBACKS is added] 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 same Allowances, Encouragements, [here again the Word DRAWBACKS comes in] 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. [Whereunto the following Words are added, viz. 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 to any other Duties, either on the publick or private Accounts, than these 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 grinded or ungrinded are not expressed, That from and after the Union, when Oats shall be paid Two Shillings and Sixpence Sterling for every 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 the 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 the said Victual from beyond Sea.
VII. Article. That all Parts of the United Kingdom be for ever, from and after the Union, liable to the same Excises upon all Exciseable Liquors, [Here are added the following Words, viz. 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, Sixpence Sterling, excluding all Duties, and Retailed, including Duties and the Retainers Profit, at Two Pence the Scots Pint, or Eighth Part of the Scots Gallon, be not, after the Union, liable on account of the present Excise upon Exciseable Liquors in England, to any higher Imposition than Two Shillings Sterling upon the foresaid Thirty-four Gallons English Barrel, being Twelve Gallons the present Scots Measure] And that the Excise settled in England on such Liquors [these two last Words are altered to all other Liquors] when the Union commences, take place throughout the whole united Kingdom.
This to be continued.”
– Caledonian Mercury, Tuesday 9th February, 1725.
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“Continuation of the Abstract of the ACT Ratifying and Confirming the Treaty of Union, with the Additions and Explanations, &c.
VIII. Article. That from and after the Union, all Foreign Salt which shall be imported into Scotland, shall be charged at Importation there, with the same Duties as the like Salt is now charged at 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; [Here the following Words are added, viz. But in regard the Duties of great 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 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 Fourty 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 in England, to be Levyed and secured in the same Manner, and with proportional Draw-backs and Allowances as in England; [Again, the following Words are added, viz. With this Exception, That Scotland shall, after the said seven Years, remain exempted from the Duty of 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.] [Again the following Words are added, viz. And that, after the said Seven Years, how long the said Duty of Two Shillings Four Pence a Bushel upon Salt is continued in England, the said Two Shillings 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.] [Then, towards the End, the following Words are added, viz. 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 Pineing, Curing and Packing of Herrings, White Fish or Salmond, for Exportation, with Foreign Salt only [the Words, without any Mixture of British or Irish Salt, are here added] and for preventing of Frauds, &c. [And lastly the following Words are added, viz. 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, Ten Shillings Five Pence Sterling, for every Barrel of White Herrings, which shall be exported from Scotland: And that there shall be allowed Five Shillings Sterling for every Barrel of Beeff or Pork, salted with Foreign Salt, without Mixture of British or Irish Salt, and exported for Sale from Scotland to Parts beyond Seas. Alterable by the Parliament of Great Britain.
“Continuation of the Abstract of the ACT Ratifying and Confirming the Treaty of Union, with the Additions and Explanations, &c.
XIV. Article. 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, &c. [The following Words are added, in the Middle of this Act, viz. 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.]
XV. Article. 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, &c. [Near the Middle of the Article, the following Words are omitted in the Act of Ratification, tho’ a Part of the Articles, viz. ‘And whereas, from the Expiration of seven Years after the Union, Scotland is to be liable for 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 as for the Uses to which the said Sum of three hundred, ninety eight thousand, eighty five Pounds ten Shillings, to be granted as aforesaid, and all other Monies which are to be answered or allowed to Scotland as aforesaid; It is agreed, That out of the said Sum of three hundred ninety eight thousand, eighty five Pound, ten Shillings, all the publick Debts of the Kingdom of Scotland [Here the last Words, viz. all the public Debts of the Kingdom of Scotland, are omitted in the Act of Ratification,] as also, the Capital Stock or Fund of the African and Indian Company of Scotland advanc’d, together with the Interest for the said capital Stock, after the Rate of five Pounds per Cent. per annum, from the respective Times of the Payment thereof, shall be payed, &c.
XVI. Article. 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, [here the following Words are added, viz. And the present Officers of the Mint continued.
XVII. Article. No Addition, nor Explanation.
XVIII. Article. No Addition, nor Explanation.
XIX. Article. 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; [here the following Words are added, viz. 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 be capable to be admitted a Lord of the Session, unless he undergo a private and publickTryal on the Civil Law before the Faculty of Advocates, and be found by them qualified for the said Office Two Years before he be Named to be a Lord of the Session; yet 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.
XX. Article. That all Heretable Offices, [Here the Word SUPERIORITIES is added] Heretable Jurisdictions, Officers 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. Article. No Addition, nor Explanation.
XXII. Article. 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 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, &c. No Addition or Explanation.
XXIII. Article. No Addition, nor Explanation.
XXIV. Article. That from and after the Union, there be one Great Seal for the united Kingdom of Great Britain, &c. [At the End the following Words are added, viz.] And that the Crown, Sceptre and Sword of State, the Records of Parliament, and all other Records, Rolls and Registers whatsoever, both publick and private, General and particular, and Warrants thereof continue to be 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.
