The Act of
Union
1707
Uniting England and
Scotland
Great Britain is really only a
part of the United Kingdom of Great Britain and Northern
Ireland, but it is of course, the largest part. Great
Britain itself is an island off the northwest coast of
Europe and is comprised of three countries united into
one kingdom. Those three countries are: England,
Scotland, and Wales.
A series of Acts of Union were passed
that eventually resulted in what would later be known as
the United Kingdom. In 1535, England and Wales were
united as one kingdom, and in 1707, the Act of Union
brought Scotland into the Kingdom of Great
Britain.
On September 18, 2014, the voters of
Scotland went to the polls to decide whether or not to
leave the UK and become an independent nation again. The
results of that election favored the pro-Union side and
Scotland remains a part of the United Kingdom.
Below is the text of the Act of Union
that united England and Scotland.
Act of
Union, 1707
January
XVI, M, DCC, VII.
ACT
Ratifying and Approving Treaty 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 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 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
abovementioned 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.
I. THAT the two Kingdoms
of Scotland and England shall upon the first day of May
next ensuing the date hereof, and for ever after, be
united into One Kingdom by the Name of GREAT BRITAIN; And
that the Ensigns Armorial of the said United Kingdom be
such as Her Majesty shall appoint,, and the Crosses of 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
of the Monarchy to the United Kingdom of Great Britain,
and of the Dominions thereto 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 twelfth Year of the Reign of his late
Majesty King William the Third, Intituled, An Act for the
further Limitation of the Crown, and better securing the
Rights and Liberties of the Subject: And that all
Papists, and Persons marrying Papists, shall be excluded
from, and 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 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 stiled 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 each Kingdom; except where
it is otherwise expressly agreed in these
Articles.
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 Built of Great
Britain; the Owner, or where there are more Owners, one
or more of the Owners within twelve Months after the
first of May next making oath that at the Time of
Ratifying the Treaty of Union in the Parliament of
Scotland, the same did, in haill or in part, belong to
him or them, or to some other Subject or Subjects in
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
to 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 entred 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 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, fettled 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 those Duties to which the Cattle of England are or
shall be lyable 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 fifteen
Shillings Sterling per Quarter, or under, there shall be
paid two Shillings and six Pence Sterling for every
Quarter of the Oatmeal exported in the Terms of the Law,
whereby and so long as Rewards are granted for
Exportation of other Grains, and that the Bear of
Scotland have the same Rewards as Barley: And in Respect
the Importation of Victual into Scotland from any Place
beyond Sea, would prove a Discouragement to Tillage,
therefore that the Prohibition as now in Force by the Law
of Scotland, against Importation of Victuals 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 Victuals from beyond
Sea.
VII. THAT all parts of
the United Kingdom be for ever, from and after the Union,
lyable to the same Excise upon all exciseable Liquors,
excepting only that the thirty-four Gallons English
Barrel of Beer or Ale amounting to twelve Gallons Scots
present Measure, told in Scotland by the Brewer at nine
Shillings six Pence Sterling, excluding all Duties, and
retailed, including Duties and the Retailers Profit, at
two Pence the Scots Pint, or eighth 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 two Shillings Sterling upon the
aforesaid thirty-four Gallons, English Barrel, being
twelve Gallons the present Scots measure And that the
Excise settled in England on all other Liquors, when the
Union commences, take place throughout the whole United
Kingdom.
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 heavy
upon the Merchants Importers, that therefore all forreign
Salt imported into Scotland, shall be Cellared and locked
up under the Custody of the Merchants Importers, and the
Officers employed for levying the Duties upon Salt, and
that the Merchant may have what Quantity thereof his
Occasion may require, not under a Weigh or fortie
Bushells at a Time, giving Security for the Dutie 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 made in
Scotland as shall be then payable for Salt made in
England, to be levied and secured in the same Manner, and
with proportionable Drawbacks and Allowances as in
England, with this Exception, That Scotland shall, after
the said seven Years, remain exempted from the Dutie of
two Shillings four Pence a Bushell on Home Salt, imposed
by an Act made in England in the Ninth and Tenth of King
William the Third of England, and if the Parliament of
Great Britain shall, at or before the expiring of the
said seven Years, substitute any other Fund in Place of
the said two Shillings four Pence of excise on the
Bushell 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 forreign Salt are to be levied and secured
in England; and that after the said seven Years, as long
as the said Dutie of two Shillings four Pence a Bushell
upon Salt is continued in England, the said two Shillings
and four Pence a Bushell 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 Dutie of two Shillings four Pence a
Bushell upon Salt made in England, no Salt whatsoever be
brought from Scotland to England by Land in any Manner,
under the Penalty of forfeiting the Salt, and the Cattle
and Carriages made use of in bringing the same, and
paying twenty Shillings for every Bushell 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 be paid. And for establishing an
Equality in Trade, that all Flesh 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 to
employed as the like Quantity or such Salt pays in
England, and under the same Penalties, Forfeitures, and
Provisions for preventing of Frauds as are mentioned in
the Laws of England; and that from and after the Union,
the Laws and Acts of Parliament in Scotland, for pining,
curing, and packing of Herrings, white Fish and Salmon
for Exportation with 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 paid to the Subjects,
Inhabitants of Great Britain, during the present
Allowances for other Fish, 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 Beef
or 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.
IX. THAT whenever the sum
of One million nine hundred ninety seven thousand seven
hundred and sixty three pounds eight shillings and four
pence half penny, shall be enacted by the Parliament of
Great Britain to be raised in that part of the United
Kingdom now called England, on Land and other Things
usually charged in Acts of Parliament there, for granting
an Aid to the Crown by a Land Tax; that part of the
United Kingdom now called Scotland, shall be charged by
the same Act, with a further Sum of forty-eight thousand
Pounds, free of all Charges, as the Quota of Scotland, to
such Tax, and to proportionably for any greater or lesser
Sum raised in England by any Tax on Land, and other
Things usually charged together with the Land; and that
such Quota for Scotland, in the Cases aforesaid, be
raised and collected in the same Manner as the Cess now
is in Scotland, but subject to such Regulations in the
manner of collecting, as shall be made by the Parliament
of Great Britain.
X. THAT during the
continuance of the respective Duties on Stampt paper,
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 the first day of August
One thousand seven hundred and ten, Scotland shall not be
charged with the same Duties.
XII. THAT during the
continuance of the Duties payable in England on Coals,
Culm and Cynders, which determine the thirtieth day of
September One thousand seven hundred and ten, Scotland
shall not be charged therewith for Coals, Culm and
Cynders consumed there; but shall be charged with the
same Duties as in England for Coals, Culm and Cynders not
consumed in Scotland.
XIII. THAT during the
continuance of the Duties payable in England upon Malt,
which determine the twenty-fourth day of June One
thousand seven hundred and seven, Scotland shall not be
charged with that Dutie.
XIV. THAT the Kingdom of
Scotland not be 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 One thousand seven hundred and
seven. Provided nevertheless, That if the Parliament of
England shall think fit to lay any further Impositions by
way of Customs, or such Excises which by virtue of this
Treaty, Scotland is to be treated 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 on Malt, during this present War. And
seeing it cannot be supposed that the Parliament of Great
Britain will ever lay any sort of Burthens upon the
United Kingdom, but what they shall find of Necessity at
that Time for the Preservation and Good of the Whole, and
with due regard to the Circumstances and Abilities of
every part of the United Kingdom; therefore it is agreed,
That there be no further Exemption insisted upon for any
part of the United Kingdom, but that the Consideration of
any Exemptions beyond what are already agreed on in this
Treaty, shall be left to the Determination of the
Parliament of Great Britain.
XV. THAT whereas by the
Terms of this Treaty, the Subject of Scotland, for
preserving an Equality of Trade throughout the United
Kingdom, will be lyable 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 or the said Debts of England, in
all Particulars whatsoever, in Manner following, viz.
That before the Union of the said Kingdoms, the Sum of
three hundred ninety-eight thousand and eighty-five
Pounds ten Shillings, be granted to Her Majesty by the
Parliament of England, for the Uses after mentioned,
being the Equivalent, to be answered to Scotland for such
parts of the said Customs and Excises upon all exciseable
Liquors with which that Kingdom is to be charged upon the
Union, as will be applicable to the payment of the said
Debts of England, according to the Proportions which the
present Customs in Scotland, being thirty thousand Pounds
per Annum, do bear to the Customs in England, computed at
One million three hundred forty-one thousand five hundred
and fifty-nine Pounds per Annum; and which the present
Excises on exciseable Liquors in England, computed at
nine hundred forty-seven thousand six hundred and two
Pounds per Annum: Which Sum of three hundred ninety-eight
thousand eighty-five Pounds ten Shillings, shall be due
and payable from the time of the Union. And that 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 as
an Equivalent for such Proportion of the said Encrease 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
Excises upon exciseable Liquors in Scotland, over and
above the annual Produce of the said respective Duties,
as above stated shall go and be applied for the Term of
seven Years, to the Uses hereafter mentioned; and that
upon the said Account there shall be answered to Scotland
annually from the End of seven Years after the Union, an
Equivalent in Proportion to such part of the said
Increase, as shall be applicable to the Debts of England;
and generally, that an Equivalent shall be answered to
Scotland for such parts of the English Debts, as Scotland
may hereafter become 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. 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, are to be applied,
it is agreed, That in the first Place, out of the
aforesaid Sum, what Consideration shall be found
necessary to be had for any Losses, which private Persons
may sustain by reducing the Coin of Scotland to the
Standard and Value of the Coin of England, may be made
good; in the next place, that the Capital Stock, or Fund
of the African and Indian Company of Scotland advanced,
together with Interest for the said Capital Stock, after
the Rate of five per Centum per Annum, from the
respective Times of the Payment thereof, shall be paid:
Upon Payment of which Capital Stock and Interest, it is
agreed, the said Company be dissolved and cease, and
also, that from the Time of passing the Act of Parliament
in England, for raising the said Sum of three hundred
ninety-eight thousand eighty-five Pounds ten Shillings,
the said Company shall neither trade, nor grant Licence
to trade; providing, that if the said Stock and Interest
shall not be paid in twelve Months after the Commencement
of the Union, that then the said Company may from
thenceforward trade, or give licence to trade, until the
said whole Capital Stock and Interest shall be paid. And
as to the Overplus of the said Sum of three hundred
ninety-eight thousand eighty-five Pounds ten Shillings,
after Payment of what Consideration shall be had for
Losses in repairing the Coin, and paying the said Capital
Stock and Interest, and also the 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 lyable towards
Payment of the Debts of England; it is agreed, That the
same be applied in the Manner following, viz. That all
the publick Debts of the Kingdom of Scotland, as shall be
adjusted by this present Parliament, shall be paid: And
that two thousand Pounds per Annum for the Space of seven
Years, shall be applied towards encouraging and promoting
the Manufacture of coarse Wool within those Shires which
produce the Wool; and that the first two thousand Pounds
Sterling be paid at Martinmas next, and so yearly at
Martinmas, during the Space aforesaid; and afterwards,
the same shall be wholly applied towards the encouraging
and promoting the Fisheries, and such other Manufactures
and Improvements in Scotland, as may most conduce to the
general Good of the United Kingdom. And it is agreed,
That Her Majesty be impowered to appoint Commissioners,
who shall be accountable to the Parliament of Great
Britain, for disposing the said Sum of three hundred
ninety-eight thousand and eighty-five Pounds ten
Shillings, and all other Monies which shall arise to
Scotland, upon the Agreements aforesaid, to the Purposes
before-mentioned: Which Commissioners shall be impowered
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
authentick 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
lyable, 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, that the Laws
which concern publick Right, Policy, and Civil
Government, maybe 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 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 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 Colledge of Justice as
Advocates, or principal Clerks of Session for the Space
of five Years; or as Writers to the Signet for the Space
of ten Years, with this Provision, That no Writer to the
Signet be capable to be admitted a Lord of the Session,
unless he undergo a private and publick Tryal 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 to 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 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 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 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 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 publick 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 new
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 of this Treaty, in such manner as by an Act of
this present Session of the Parliament of Scotland is or
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 first
day of May next, on which day the Union is to take place,
shall declare under the Great Seal of England, That it is
expedient that the Lords of Parliament of England and
Commons of the present Parliament of England, should be
the Members of the respective Houses of the first
Parliament of Great Britain, for and on the part of
England, then the said Lords of Parliament of England,
and Commons of the present Parliament of England, shall
be the Members of the respective Houses of the first
Parliament of Great Britain, for and on the part of
England: And Her Majesty may by hr 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 the
respective Houses of the Parliament of Great Britain, at
such Time and Place as shall be to appointed by Her
Majesty, and shall be the two Houses of the first
Parliament of Great Britain; and that Parliament may
continue for such Time only, as the present Parliament of
England might have continued if the Union of the two
Kingdoms had not been made, unless sooner dissolved by
Her Majesty. And that every one of the Lords of
Parliament of Great Britain, and every Member of the
House of Commons of the Parliament of Great Britain, in
the first and all succeeding Parliaments of Great
Britain, until the Parliament of Great Britain shall
otherwise direct, shall take the respective Oaths
appointed to be taken in Stead of the Oaths of Allegiance
and Supremacy, by an Act of Parliament made in the first
Year of the Reign of the late King William and Queen
Mary, intituled, An Act for the abrogating of the Oaths
of Supremacy and Allegiance, and appointing other Oaths,
and make, subscribe, and audibly repeat the Declaration
mentioned in an Act of Parliament made in England in the
thirtieth Year of the Reign of King Charles the Second
Entituled, An Act for the more effectual preserving the
King's Person and Government, by disabling Papists from
sitting in either House of Parliament; and shall take and
subscribe the Oath mentioned in an Act of Parliament made
in England in the first Year of Her Majesty's Reign,
intituled, An Act to declare the Alterations in the Oath
appointed to be taken by the Act, intituled, An Act for
the further Security of his Majesty's Person, and the
Succession of the Crown in the Protestant Line, and for
extinguishing the Hopes of the pretended Prince of Wales,
and all other Pretenders, and their open and secret
Abettors, and for declaring the Association to be
determined; at such Time, and in such Manner as the
Members of both Houses of Parliament of England are by
the said respective Acts directed to take, make, and
subscribe the same, upon the Penalties and Disabilities
in the said respective Acts contained. And it is declared
and agreed, That these Words, This Realm, The Crown of
this Realm, and The Queen of this Realm, mentioned in the
Oaths and Declaration contained in the aforesaid Acts,
which were intended to signify the Crown and Realm of
England shall be understood of the Crown and Realm of
Great Britain; and that in that Sense the said Oaths and
Declaration be taken and subscribed by the Members of
both Houses of the Parliament of Great
Britain.
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 Tryal 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 Tryal, 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, arid
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 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 always kept
and made use of in all things relating to private Rights
or Grants, which have usually passed the Great Seal of
Scotland and which only concern Offices, Grants,
Commissions, and private Rights within that Kingdom; and
that until such Seal shall be appointed by Her Majesty,
the present Great Seal of Scotland shall be used for such
purposes: And that the Privy Seal, Signet, Casset, Signet
of the Justiciary Court, Quarter Seal, and Seals or
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,
Scepter, 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 kept as they are within
that part of the United Kingdom now called Scotland; and
that they shall, remain in all time coming,
notwithstanding the Union.
XXV. THAT all Laws and
Statutes in either Kingdom, to far as they are contrary
to, or inconsistent with the Terms of these Articles, or
any of them, shall, from and after the Union cease and
become void and shall be so declared to be, by the
respective Parliaments of the said Kingdoms.
FOLLOWS the Tenor of the
foresaid Act for securing the Protestant Religion and
Presbyterian Church Government
OUR Soveraign Lady, and
the Estates of Parliament, considering That by the late
Act of Parliament, for a Treaty with England for a Union
of both Kingdoms, it is provided, That the Commissioners
for that Treaty should not treat of or concerning any
Alteration of the Worship, Discipline, and Government of
the Church of this Kingdom as now by Law established:
Which Treaty being now reported to the Parliament, and it
being reasonable and necessary that the true Protestant
Religion, as presently professed within this Kingdom,
with the Worship, Discipline, and Government of this
Church, should be effectually and unalterably secured:
Therefore Her Majesty, with Advice and Consent of the
said Estates of Parliament, doth hereby establish and
confirm the said true Protestant Religion, and the
Worship, Discipline, and Government of this Church, to
continue without any Alteration to the People of this
Land in all succeeding Generations, and most especially
Her Majesty, with Advice and Content aforesaid, ratifies,
approves, and for ever confirms the fifth Act of the
first Parliament of King William and Queen Mary,
Entituled, Act ratifying the Confession of Faith, and
settling Presbyterian Church Government; with all other
Acts of Parliament relating thereto, in Prosecution of
the Declaration of the Estates of this Kingdom,
containing the Claim of Right, bearing Date the eleventh
of Aprile One thousand six hundred and eighty nine: And
Her Majesty, with Advice and Consent aforesaid, expressly
provides and declares, That the foresaid true Protestant
Religion contained in the above-mentioned Confession of
Faith, with the Form and Purity of Worship presently in
use within this Church, and its Presbyterian Church
Government and Discipline (that is to say) the Government
of the Church by Kirk Sessions, Presbyteries, Provincial
Synods, and General Assemblies all established by the
foresaid Acts of Parliament, pursuant to the Claim of
Right, shall remain and continue unalterable, and that
the said Presbyterian Government shall be the only
Government of the Church within the Kingdom of Scotland.
And further, for the greater Security of the foresaid
Protestant Religion, and of the Worship, Discipline, and
Government of this Church, as above established, Her
Majesty, with Advice and Consent foresaid, statutes and
ordains, That the Universities and Colledges of Saint
Andrews, Glasgow, Aberdeen, and Edinburgh, as now
established by Law, shall continue within this Kingdom
forever; and that in all time coming, no Professors,
Principals; Regents, Masters, or others, bearing Office
in any University, Colledge, or School within this
Kingdom, be capable to be admitted, or allowed to
continue in the Exercise of their said Functions, but
such as shall own and acknowledge the Civil Government in
Manner prescribed or to be prescribed by the Acts of
Parliament: as also, that before, or at their Admissions,
they do and shall acknowledge and profess, and shall
subscribe to the foresaid Confession of Faith, as the
Confession of their Faith, and that they will practise
and confirm themselves to the Worship presently in Use in
this Church, and submit themselves to the Government and
Discipline thereof and never endeavour directly or
indirectly the Prejudice or Subversion of the same, and
that before the respective Presbyteries of their Bounds,
by whatsoever Gift, Presentation or Provision they may be
thereto provided. And further, Her Majesty, with Advice
aforesaid, expressly declares, and statutes, That none of
the Subjects of this Kingdom shall be lyable to, but all
and every one of them for ever free of any Oath, Test or
Subscription within this Kingdom, contrary to, or
inconsistent with the foresaid true Protestant Religion,
and Presbyterian Church Government, Worship, and
Discipline, as above established: and that the same
within the Bounds of this Church and Kingdom, shall never
be imposed upon, or required of them, in any Sort. And
lastly, That after the Decease of her present Majesty,
(whom God long preserve) the Sovereign succeeding to her
in the Royal Government of the Kingdom of Great Britain,
shall in all time coming at his or her Accession to the
Crown, swear and subscribe, that they shall inviolably
maintain and preserve the foresaid Settlement of the true
Protestant Religion, with the Government, Worship,
Discipline, Right, and Privileges of this Church, as
above established by the Laws of this Kingdom in
Prosecution of the Claim of Right. And it is hereby
statuted and ordain'd, That this Act of Parliament, with
the Establishment therein contained, shall be held and
observed in all time coming, as a fundamental and
essential Condition of any Treaty or Union to be
concluded betwixt the two Kingdoms, without any
Alteration thereof, or Derogation thereto in any Sort for
ever: As also, That this Act of Parliament, and
Settlement therein contain'd, shall be insert and
repeated in any Act of Parliament that shall pass for
agreeing and concluding the foresaid Treaty or Union
betwixt the two Kingdoms; and that the same shall be
therein expresly declared to be a fundamental and
essential Condition of the said Treaty or Union in all
time coming
WHICH ARTICLES OF UNION
and Act immediately abovewritten Her Majesty with advice
and consent foresaid Statutes Enacts and Ordains to be
and Continue in all time coming the sure and perpetuall
foundation of ane compleat and intire Union of the Two
Kingdoms of Scotland and England under this express
Condition and Provision That the Approbation and
Ratification of the foresaids Articles and Act shall be
nowayes binding on this Kingdom untill the said Articles
and Act be Ratified Approven and Confirmed by Her Majesty
with and by the Authority of the Parliament of England as
they are now Agreed to Approved and Confirmed by Her
Majestie with and by the Authority of the Parliament of
Scotland Declaring nevertheless that the Parliament of
England may provide for the security of the Church of
England as they think expedient to take place within the
bounds of the said Kingdom of England and not Derogating
from the security above provided for Establishing of the
Church of Scotland within the bounds of this Kingdom As
also the said Parliament of England may extend the
Additions and other provisions contained in the Articles
of Union as above insert in favours of the Subjects of
Scotland to and in favours of the Subjects of England
which shall not suspend or Derogate from the force and
effect of this present Ratification But shall be
understood as herein included without the necessity of
any new Ratification in the Parliament of Scotland And
lastly Her Majesty Enacts and Declares That all Laws and
Statutes in this Kingdom so far as they are contrary to
or inconsistent with the terms of these Articles as
abovementioned shall from and after the Union cease and
become void.