Note A, pp.103-126.

ACT RATIFYING AND APPROVING THE TREATY OF THE TWO KINGDOMS OF SCOTLAND AND ENGLAND.

January 16, 1707.

   The Estates of Parliament considering that articles of Union of the Kingdoms of Scotland and England were Agreed on the 22nd of July 1706 years, by the commissioners nominated on behalf of this kingdom, under Her Majesty’s 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 Majesty’s Great Seal of England, bearing date at Westminster the 10th 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 23rd of the said month of July, and were recommended to this Parliament by Her Majesty’s royal letter, of the date the 31st day of July 1706; and that the said estates of Parliament, have agreed to, and approven of the said Articles of Union, with some additions 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, 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 said articles, in manner, and under the provisions after mentioned, whereof the tenor follows:- 

    I. That the two kingdoms of Scotland and England shall, upon the 1st day of May next ensuing the date hereof, and for ever after, be united into one kingdom by the name of Great Britain, and that the ensigns armorial of the said United Kingdom be such as Her Majesty shall appoint; and the crosses of St Andrew and St George be conjoined in such manner as Her Majesty shall think fit, and used in all flags, banners, standards, and ensigns, both at sea and land.

    II. That the succession 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 Duchess Dowager of Hanover, and the heirs of her body, being Protestants, upon whom the crown of England is settled by an Act of Parliament made in England in the twelfth year of the reign of His late Majesty King William III, entituled, ‘An Act for 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, entituled, ‘An Act declaring the Rights and Liberties of the Subject, and settling the Succession of the Crown.’

   III. That the United Kingdom of Great Britain be represented by one and the same Parliament, to be 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 build of Great Britain. The owner, or where there are more owners, one or more of the owners, within twelve months after the 1st of May next, making oath, that at the time of ratifying the Treaty of Union in the Parliament of Scotland, the same did, in whole, or in part, belong to him or them, or to some other subject or subjects of Scotland, to be particularly named, with the place of their respective abodes, and that the same doth then, at the time of the said deposition, wholly belong to him or them, and that no foreigner, directly or indirectly, hath any share, part, or interest therein; which oath shall be made before the chief officer, or officers of the customs, in the port next to the abode of the said owner or owners; and the said officer or officers, shall be empowered to administrate 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 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 to any other duties, either on the public 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 sold at 15s sterling per quarter or under, there shall be paid 2s 6d 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 bere 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 the 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 excisable 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 9s 6d sterling, excluding all duties, and retailed, including duties and the retailers profit, at 2d the Scots pint, or eighth part of the Scots gallon, be not, after the Union, liable on account of the present excise upon excisable liquors in England, to any higher imposition than 2s 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 on 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 weigh or forty bushels at a time, giving security for the duty of what quantities 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 proportional 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 same 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 bushel on home salt, imposed by an Act made in England in the ninth and tenth of King William III 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 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 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 proportionally 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 pineing, curing, and packing of herrings, white fish, and salmon for exportation with foreign salt only, without any mixture of British or Irish salt, and for preventing of frauds in curing and packing of 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 fishing, there shall be allowed and paid 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 or pork salted with foreign salt, without mixture of British or Irish salt, and exported for sale from Scotland to parts beyond the 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 £1,997,763, 8s 4½d 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 £48,000 free of all charges, as the quota of Scotland to such tax and so proportionally 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 stamped 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 1st day of 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 the 30th day of 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 the 24th day of June 1707, 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 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 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 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 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, viz., that before the union of the said kingdoms the sum of £398,085, 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 said customs and excises upon all excisable 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 £30,000 per annum, do bear to the customs in England, computed at £1,341,559 per annum, and which the present excises on excisable liquors in Scotland, being £33,500 per annum, do bear to the excises on excisable liquors in England, computed at £947,602 per annum which sum of £398,085, 10s 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 excisable liquors as in England, as well upon that account as upon the account of the increase of trade and people (which will be the happy consequence of the Union), the said revenues will much improve beyond the before-mentioned annual values thereof, of which no present estimate can be made; yet, nevertheless, for the reasons aforesaid, there ought to be a proportionable equivalent answered to Scotland, it is agreed that after the Union there shall be an 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 excisable 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 of England of the customs or other duties on export and import, excises on all excisable liquors, in respect of which debts equivalents are hereinbefore provided; and as for the uses to which the said sum of £398,085, 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 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 5 per cent. 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 £398,085, 10s, the said company shall neither trade, nor grant licence to trade, providing that if the said stock and interest shall not be paid in twelve months after the commencement of the Union, that then the said company may from thenceforward trade, or give licence to trade, until the said whole capital stock and interest shall be paid; and as to the overplus of the said sum of £398,085, 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 whole increase of the said revenues of customs, duties, and excises, above the present value which shall arise in Scotland during the said term of seven years, together with the equivalent which shall become due upon the improvement thereof in Scotland after the said term; and also as to all other sums, which, according to the agreements aforesaid, may become payable to Scotland by way of equivalent for what that kingdom shall hereafter become liable towards payment of the debt of England, it is agreed that the same be applied in manner following, viz., that all the public debts of the kingdom of Scotland as shall be adjusted by this present Parliament, shall be paid; and that £2000 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 £2000 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 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 £398,085, 10s, 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 accounts of the amount of the equivalents, and how the same shall have been disposed of from time to time; which may be inspected by any of the subjects who shall desire the same.

   XVI. That, from and after the Union, the coin shall be of the same standard and value throughout the United Kingdom as now in England, and a Mint shall be continued in Scotland under the same rules as the Mint in England; and the present officers of the Mint continued, subject to such regulations and alterations as Her Majesty, her heirs or successors, or the Parliament of Great Britain, shall think fit. 

   XVII. That, from and after the Union, the same weights and measures shall be used throughout the United Kingdom, as are now established in England, and standards of weights and measures shall be kept by those burghs in Scotland to whom the keeping the standards of weights and measures, now in use there, does of special right belong; all which standards shall be sent down to such respective burghs from the standards kept in the exchequer at Westminster, subject, nevertheless, to such regulations as the Parliament of Great Britain shall think fit. 

   XVIII. That the laws concerning regulation of trade, customs, and such excises, to which Scotland is, by virtue of this Treaty, to be 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 year, with this provision, that no Writers to the Signet be capable to be admitted a Lord of the Session, unless be undergo a private and public trial 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. 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 heritable rights of Admiralty and Vice-Admiralties in Scotland be reserved to the respective proprietors as rights of property; subject, nevertheless, as to the manner of exercising such heritable rights, to such regulations and alterations as shall be thought proper to be made by the Parliament of Great Britain: and that all other Courts, now in being within the kingdom of Scotland, do remain, but subject to alterations by the Parliament of Great Britain: and that all inferior Courts within the said limits do remain subordinate, as they are now, to the Supreme Courts of Justice within the same in all time coming; and that no causes in Scotland be cognoscible by the Court 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, to 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 heritable offices, superiorities, heritable jurisdictions, offices for life, and jurisdictions for life, be reserved to the owners thereof, as rights of property, in the same manner as they are now enjoyed by the laws of Scotland, notwithstanding this Treaty.

   XXI. That the rights and privileges of the royal burghs in Scotland, as they 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 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 fifty days after the date of such Proclamation; and the time and place of the meeting of such Parliament being so appointed, a writ shall be immediately issued under the Great Seal of Great Britain, directed to the Privy Council of Scotland, for the summoning the sixteen Peers, and for electing forty-five members, by whom Scotland is to be represented in the Parliament of Great Britain; and the Lords of Parliament of England, and the sixteen Peers of Scotland, such sixteen Peers being summoned and returned in the manner agreed in this Treaty, and the Members of the House of Commons of the said Parliament of England, and the forty-five members for Scotland, such forty-five members being elected and returned in the manner agreed in this Treaty, shall assemble and meet respectively in 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 Parliaments 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, entituled, ‘An Act for the Abrocating of the Oaths of Supremacy and Allegiance, and appointing other Oaths;’ and make, subscribe, and audibly repeat the declaration mentioned in an Act of Parliament made in England in the thirtieth year of the reign of King Charles the Second, entituled ‘An Act for the more effectual Preserving the King’s Person and Government by disabling Papists from sitting in either Houses 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, 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 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 the 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 contained in the said respective Acts contained. And it is declared and agreed that these words, ‘This Realm,’ ‘The Crown of this Realm,’ and ‘The Queen of this Realm,’ mentioned in the oaths and declaration contained in the aforesaid Acts, which were intended to signify the Crown and Realm of England, shall be understood of the Crown and Realm of Great Britain; and that in that sense, the said oaths and declaration be taken and subscribed by the Members of both Houses of the Parliament of Great Britain. 

   XXIII. That the aforesaid sixteen peers of Scotland, mentioned in the last preceding article, to sit in the House of Lords of the Parliament of Great Britain, shall have all privileges of Parliament which the Peers of England now have, and which they or any peers of Great Britain shall have after the Union, and particularly the right of sitting upon the trials of peers; and in case of the 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. 

   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 Lyon King of Arms of the Kingdom of Scotland, as may best suit the Union, be left to Her Majesty; and that, in the meantime, 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; 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 one 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.

4 thoughts on “Note A, pp.103-126.

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