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 The
Act of Union
Act Ratifying and Approving
the Treaty of Union of the Two Kingdoms of Scotland and England.
The Estates of Parliament considering that Articles of Union of
the Kingdoms of Scotland and England were agreed on 22nd July,
1706 by the Commissioners nominated on behalf of this Kingdom,
under Her Majesties Great Seal of Scotland bearing date the 27th
of February last past, in pursuance of the fourth Act of the
third Session of this Parliament and the Commissioners nominated
on behalf of the Kingdom of England under Her Majesties Great
Seal of England bearing date at Westminster the tenth day of
April last past in pursuance of an Act of Parliament made in
England the third year of Her Majesties Reign to treat of and
concerning an Union of the said Kingdoms Which Articles were in
all humility presented to Her Majesty upon the twenty third of
the said Month of July and were Recommended to this Parliament
by Her Majesties Royal Letter of the date the 31st July, 1706
And that the said Estates of Parliament have agreed to and
approven of the saids Articles of Union with some Additions and
Explanations as is contained in the Articles hereafter insert
And sicklyke Her Majesty with advice and consent of the Estates
of Parliament Resolving to Establish the Protestant Religion and
Presbyterian Church Government within this Kingdom has past in
this Session of Parliament an Act entituled Act for secureing of
the Protestant Religion and Presbyterian Church Government which
by the Tenor thereof is appointed to be insert in any Act
ratifying the Treaty and expressly declared to be a fundamentall
and essentiall Condition of the said Treaty or Union in all time
coming.
Therefore Her Majesty with advice and consent of the Estates of
Parliament in fortification of the Approbation of the Articles
as above mentioned And for their further and better
Establishment of the same upon full and mature deliberation upon
the forsaids Articles of Union and Act of Parliament Doth
Ratifie Approve and Confirm the same with the
Additions and Explanations contained in the saids Articles in
manner and under the provision aftermentioned whereof the Tenor
follows.
Article 1
I. That the Two Kingdoms of Scotland and England, shall upon the
1st May next ensuing the date hereof, and forever after, be
United into One Kingdom by the Name of GREAT BRITAIN: And that
the Ensigns Armorial of the said United Kingdom be such as Her
Majesty shall think fit, and used in all Flags, Banners,
Standards and Ensigns both at Sea and Land.
Article 2
II. That the Succession to the Monarchy of the United Kingdom of
Great Britain and of the Dominions thereunto belonging after Her
Most Sacred Majesty, and in default of Issue of Her Majesty be,
remain and continue to the Most Excellent Princess Sophia
Electoress and Dutchess Dowager of Hanover, and the Heirs of Her
body, being Protestants, upon whom the Crown of England is
settled by an Act of Parliament made in England in the twelth
year of the Reign of His late Majesty King William the Third
entituled An Act for the further Limitation of the Crown and
better securing the Rights and Liberties of the Subject:
And that all Papists and persons marrying Papists, shall be
excluded from and forever incapable to inherit possess or enjoy
the Imperial Crown of Great Britain, and the Dominions thereunto
belonging or any part thereof; And in every such case the Crown
and Government shall from time to time descend to, and be
enjoyed by such person being a Protestant as should have
inherited and enjoyed the same, in case such Papists or person
marrying a Papist was naturally dead, according to the provision
for the Descent of the Crown of England, made by another Act of
Parliament in England in the first year of the Reign of their
late Majesties King William and Queen Mary entituled an Act
declaring the Rights and Liberties of the Subject, and settling
the Succession of the Crown.
Article 3
III. That the United Kingdom of Great Britain be Represented by
one and the same Parliament, to be stiled the Parliament of
Great Britain.
Article 4
IV. That the Subjects of the United Kingdom of Great Britain
shall from and after the Union have full Freedom and Intercourse
of Trade and Navigation to and from any port or place within the
said United Kingdom and the Dominions and Plantations thereunto
belonging. And that there be a Communication of all other
Rights, Privileges and Advantages which do or may belong to the
Subjects of either Kingdom except where it is otherwayes
expressly agreed in these Articles.
Article 5
V. That all ships or vessels belonging to Her Majesties Subjects
of Scotland at the time of Ratifying the Treaty of Union of the
Two Kingdoms in the Parliament of Scotland though forreign built
be deemed and pass as ships of the build of Great Britain; the
Owner or where there are more Owners, one or more of the Owners
within Twelve Months after the first of May next making oath
that at the time of Ratifying the Treaty of Union in the
Parliament of Scotland, the same did in haill or in part belong
to him or them, or to some other Subject of Subjects of
Scotland, to be particularly named with the place of their
respective abodes, and that the same doth then at the time of
the said Deposition wholly belong to him or them, and that no
forreigner directly or indirectly hath any share part or
interest therein, Which Oath shall be made before the chief
Officer or Officers of the Customs in the Port next to the abode
of the said Owner or Owners;
And the said Officer or Officers shall be Impowered to
administer the said Oath, And the Oath being so administred
shall be attested by the Officer or Officers who administred the
same And being Registred by the said Officer or Officers, shall
be delivered to the Master of the ship for security of her
Navigation and a Duplicate thereof shall be transmitted by the
said Officer or Officers to the Chief Officer or Officers of the
Customs in the port of Edinburgh, to be there Entered in a
Register and from thence to be sent to the port of London to be
there Entered in the General Register of all Trading ships
belonging to Great Britain.
Article 6
VI. That all parts of the United Kingdom for ever from and after
the Union shall have the same Allowances, Encouragements and
Drawbacks, and be under the same Prohibitions, Restrictions and
Regulations of Trade and lyable to the same Customs and Duties
on Import and Export. And that the Allowances Encouragements and
Drawbacks Prohibitions Restrictions and Regulations of Trade and
the Customs and Duties on Import and Export settled in England
when the Union commences shall from and after the Union take
place throughout the whole United Kingdom, excepting and
reserving the Duties upon Export and Import of such particular
Commodities from which any persons the Subjects of either
Kingdom are specially Liberated and Exempted by their private
Rights which after the Union are to remain safe and entire to
them in all respects as before the same.
And that from and after the Union no Scots Cattle carried into
England shall be lyable to any other Duties either on the
publick or private Accounts than these Duties to which the
Cattle of England are or shall be lyable within the said Kindgom.
And seeing by the Laws of England there are Rewards granted upon
the Exportation of certain kinds of Grain wherein Oats grinded
or ungrinded are not expressed, that from and after the Union
when Oats shall be sold at 15 shillings Sterling per quarter of
the Oat-meal exported in the terms of the Law whereby and so
long as Rewards are granted for Exportation of other Grains. And
that the Bear of Scotland have the same Rewards as Barley.
And in respect the Importation of Victual into Scotland from any
place beyond Sea would prove a Discouragement to Tillage,
Therefore that the Prohibition as now in force by the Law of
Scotland against Importation of Victual from Ireland or any
other place beyond Sea into Scotland, do after the Union remain
in the same force as now it is until more proper and effectuall
ways be provided by the Parliament of Great Britain for
discouraging the Importation of the said Victual from beyond
Sea.
Article 7
VII. That all parts of the United Kingdom be for ever from and
after the Union lyable to the same Excises upon all Exciseable
Liquors excepting only that the 34 Gallons English Barrel of
Beer or Ale amounting to 12 Gallons Scots present measure sold
in Scotland by the Brewer at 9/6d Sterling excluding all Duties
and Retailed including Duties and the Retailer's profit at 2d
the Scots pint or eight part of the Scots Gallon, be not after
the Union lyable on account of the present Excise upon
Exciseable Liquors in England, to any higher Imposition than 2s
Sterling upon the forsaid 34 Gallons English barrel, being 12
gallons the present Scots measure And that the Excise settled in
England on all other Liquors when the Union commences take place
throughout the whole United Kingdom.
Article 8
VIII. That from and after the Union all forreign Salt which
shall be Imported into Scotland shall be charged at the
Importation there with the same Duties as the like Salt is now
charged with being Imported into England and to be levied and
secured in the same manner. But in regard the Duties of great
quantities of forreign Salt Imported may be very heavie on the
Merchants Importers; That therefor all forreign Salt imported
into Scotland shall be Cellared and Locked up under the custody
of the Merchant Importer and the Officers imployed for levying
the Duties upon Salt And that the Merchant may have what
quantities thereof his occasion may require not under a Weigh or
fourtie Bushells at a time; Giving security for the duty of what
quantity he receives payable in six Months. But Scotland shall
for the space of seven Years from the said Union be Exempted
from paying in Scotland for Salt made there the Dutie or Excise
now payable for Salt made in England:
But from the Expiration of the said seven years shall be subject
and lyable to the same Duties for Salt make in Scotland, as
shall be then payable for Salt made in England, to be levied and
secured in the same manner and with proportional Drawbacks and
Allowances as in England, with this exception that Scotland
shall after the said seven years remain exempted from the Duty
of 2s 4d a Bushell on home Salt Imposed by ane Act made in
England in the Ninth and Tenth of King William the Third of
England And if the Parliament of Great Britain shall at or
before the expiring of the said seven years substitute any other
fund in place of the said 2s 4d of Excise on the bushel of Home
Salt, Scotland shall after the said seven years, bear a
proportion of the said Fund, and have an Equivalent in the Terms
of this Treaty, And that during the said seven years there shall
be payed in England for all Salt made in Scotland and imported
from thence into England the same duties upon the Importation as
shall be payable for Salt made in England and levied and secured
in the same manner as the Duties on forreign Salt are to be
levied and secured in England.
And that after the said seven years how long the said Duty of 2s
4d a Bushel upon Salt is continued in England the said 2s 4d a
Bushel shall be payable for all Salt made in Scotland and
imported into England, to be levied and secured in the same
manner And that during the continuance of the Duty of 2s 4d a
Bushel upon Salt made in England no Salt whatsoever be brought
from Scotland to England by Land in any manner under the penalty
of forfeiting the Salt and the Cattle and Carriages made use of
in bringing the same and paying 20s for every Bushel of such
Salt, and proportionably for a greater or lesser quantity, for
which the Carrier as well as the Owner shall be lyable jointly
and severally, And the persons bringing or carrying the same, to
be imprisoned by any one Justice of the Peace, by the space of
six months without Bail, and until the penalty by payed:
And for Establishing an equality Trade That all Fleshes exported
from Scotland to England and put on Board in Scotland to be
Exported to parts beyond the Seas and provisions for ships in
Scotland and for forreign voyages may be salted with Scots Salt
paying the same Dutie for what Salt is so employed as the like
quantity of such Salt pays in England and under the same
penalties forfeitures and provisions for preventing of frauds as
are mentioned in the Laws of England And that from and after the
Union the Laws and Acts of Parliament in Scotland for Pineing
Curing and Packing of Herrings White Fish and Salmond for
Exportation with Forreign Salt only without any mixture of
British or Irish Salt and for preventing of frauds in Curing and
Packing of Fish be continued in force in Scotland subject to
such alterations as shall be made by the Parliament of Great
Britain.
And that all Fish exported from Scotland to parts beyond the
Seas which shall be Cured with Forreign Salt only and without
mixture of British or Irish Salt, shall have the same Eases
Premiums and Drawbacks as are or shall be allowed to such
persons as Export the like Fish from England: And that for
Encouragement of the Herring Fishing there shall be allowed and
payed to the Subjects Inhabitants of Great Britain during the
present allowances for other Fishes 10s 5d Sterling for every
Barrel of White Herrings which shall be exported from Scotland;
And that there shall be allowed 5s Sterling for every Barrel of
Beef of Pork salted with Forreign Salt without mixture of
British or Irish Salt and Exported for sale from Scotland to
parts beyond Sea alterable by the Parliament of Great Britain.
And if any matters of fraud relating to the said Duties on Salt
shall hereafter appear which are not sufficiently provided
against by this Article the same shall be subject to such
further provisions as shall be thought fit by the Parliament of
Great Britain.
Article 9
IX. That whenever the sum of œ1,997,763 8s 4d (and one) half
penny shall be Enacted by the Parliament of Great Britain to be
raised in that part of the United Kingdom now called England, on
Land and other things usually charged in Acts of Parliament
there for granting an aid to the Crown by a Land Tax; that part
of the United Kingdom now called Scotland shall be charged by
the same Act with a further sum of œ48,000 free of all Charges,
as the Quota of Scotland to such Tax, and so proportionably for
any greater or lesser sum raised in England by any Tax on Land
and other things usually charged, together with the Land And
that such Quota for Scotland in the cases aforesaid, be raised
and collected in the same manner as the Cess now is in Scotland,
but subject to such Regulations in the manner of Collecting, as
shall be made by the Parliament of Great Britain.
Articles 10-13
X. That during the continuance of the respective Duties on
Stampt paper, Vellom and Parchment, by the severall Acts now in
force in England, Scotland shall not be charged with the same
respective Duties.
XI. That during the continuance of the Duties payable in England
on Windows and Lights which determines on 1st August 1710
Scotland shall not be charged with the same Duties.
XII. That during the continuance of the Duties payable in
England on Coals, Culm and Cinders, which determines 30th
September 1710 Scotland shall not be charged therewith for Coals
Culm and Cinders consumed there but shall be charged with the
same Duties as in England for all Coals, Culm and Cinders not
consumed in Scotland.
XIII. That during the continuance of the Duty payable in England
on Malt, which determines 24th June 1707, Scotland shall not be
charged with that Duty.
Article 14
XIV. That the Kingdom of Scotland be not Charged with any other
Duties laid on by the Parliament of England before the Union
except these consented to in this Treaty, in regard it is
agreed, That all necessary Provision shall be made by the
Parliament of Scotland for the publick Charge and Service of
that Kingdom for the year 1707: Provided nevertheless That if
the Parliament of England shall think fit to lay any further
Impositions by way of Customs, or such Excises, with which by
virtue of this Treaty, Scotland is to be charged equally with
England, in such case Scotland shall be lyable to the same
Customs and Excises, and have an Equivalent to be settled by the
Parliament of Great Britain;
With this further provision That any Malt to be made and
consumed in that part of the United Kingdom now called Scotland
shall not be charged with any Imposition upon Malt during this
present War
And seeing it cannot be supposed that the Parliament of Great
Britain will ever lay any sorts of Burthens upon the United
Kingdom, but what they shall find necessity at that time for the
Preservation and Good of the whole, and with due regard to the
Circumstances and Abilities of every part of the United Kingdom
Therefore it is agreed That there be no further Exemption
insisted upon for any part of the United Kingdom, but that the
consideration of any Exemption beyond that already agreed on in
this Treaty, shall be left to the determination of the
Parliament of Great Britain.
Article 15
XV. Whereas by the Terms of this Treaty the Subjects of Scotland
for preserving an Equality of Trade throughout the United
Kingdom, will be lyable to severall Customs and Excises now
payable in England, which will be applicable towards payment of
the Debts of England, contracted before the Union;
It is agreed, That Scotland shall have an Equivalent for what
the Subjects thereof shall be so charged towards payment of the
said Debts of England, in all particulars whatsoever, in manner
following viz.
That before the Union of the said Kingdoms, the sum of œ398,085
10s be granted to Her Majesty by the Parliament of England for
the uses aftermentioned, being the Equivalent to be answered to
Scotland for such parts of the saids Customs and Excises upon
all Exciseable Liquors, with which that Kingdom is to be charged
upon the Union, as will be applicable to the payment of the said
Debts of England, according to the proportions which the present
Customs in Scotland, being œ30,000 per annum : And which the
present Excises on Excisable Liquors in Scotland, do bear to the
Customs in England, computed at œ1,341,559 per annum :
And which the present Excises on Excisable Liquors in Scotland,
being œ33,500 per annum, do bear to the Excises and Excisable
Liquors in England, computed at œ947,602 per annum; Which sum of
œ398,085 10s, shall be due and payable from the time of the
Union:
And in regard That after the Union Scotland becoming lyable to
the same Customs and Duties payable on Import and Export, and to
the same Excises on all Exciseable Liquors
as in England as well as upon that account as upon the account
of the Increase of Trade and People (which will be the happy
consequence of the Union)* the said Revenues will much improve
beyond the before mentioned annual values thereof, of which no
present Estimate can be made, Yet nevertheless for the reasons
aforesaid there ought to be a proportionable Equivalent answered
to Scotland It is agreed That after the Union there shall be an
Accompt kept of the said Duties arising in Scotland, to the end
it may appear, what ought to be answered to Scotland, as an
Equivalent for such proportion of the said encrease as shall be
applicable to the payment of Debts of England.
And for the further and more effectuall answering the severall
ends hereafter mentioned It is agreed that from and after the
Union, the whole Encrease of the Revenues of Customs, and Duties
on Import and Export, and Excise upon Exciseable Liquors in
Scotland over and above the annual produce of the said
respective Duties, as above stated, shall go and be applied, for
the term of seven years, to the uses hereafter mentioned; And
that upon the said account, there shall be answered to Scotland
annually from the end of seven years after the Union, an
Equivalent in proportion to such part of the said Increase as
shall be applicable to the Debts of England, And generally that
an Equivalent shall be answered to
And as for the uses to which the said sum of œ398,085 10s to be
granted as aforesaid and all other monies, which are to be
answered or allowed to Scotland as said is are to be applied It
is agreed That in the first place out of the foresaid sum what
consideration shall be found necessary to be had for any Losses
which privat persons may sustain by reducing the Coin of
Scotland to the Standard and Value of the Coin of England may be
made good In the next place That the Capital Stock or fund of
the African and Indian Company of Scotland advanced together
with the interest for the said Capital Stock after the rate of
5% per annum from the respective times of the payment thereof
shall be payed; Upon payment of which Capital Stock and Interest
It is agreed The said Company be dissolved and cease And also
that from the time of passing the Act of Parliament in England
for raising the said sum of œ398,085 10s the said Company shall
neither Trade nor Grant Licence to Trade Providing that if the
said Stock and Interest shall not be payed in twelve months
after the Commencement of the Union That then the said Company
may from thence forward Trade or give Licence to Trade until the
said hail Capital Stock and Interest shall be payed:
And as to the Overplus of the said sum of œ398,085 10s after
payment of what consideration shall be had for losses in
repairing the Coin and paying the said Capital Stock and
Interest, and also the hail increase of the said Revenues of
Customs Duties and Excises above the present value which shall
arise in Scotland during the said term of seven years together
with the Equivalent which shall become due upon the Improvement
thereof in Scotland after the said term and also as to all other
sums which according to the agreements aforesaid may become
payable to Scotland by way of Equivalent for what that Kingdom
shall hereafter become Scotland for such parts of the English
Debts as Scotland may hereafter become lyable to pay by reason
of the Union, other than such for which appropriations have been
made by Parliament in England of the Customs, or other duties on
Export and Import Excises on all Exciseable Liquors, in respect
of which Debts, Equivalents are herein before provided.
Article 16
XVI. That from and after the Union the Coin shall be of the same
standard and value, throughout the United Kingdom, as now in
England, And a Mint shall be continued in Scotland under the
same Rules as the Mint in England And the present Officers of
the Mint continued subject to such Regulations and Alterations
as Her Majesty Her Heirs or Successors, or the Parliament of
Great Britain shall think fit.
Article 17
XVII. That from and after the Union the same Weights and
Measures shall be used throughout the United Kingdom as are now
Established in England; And Standards of Weights and Measures
shall be kept by those Burroughs in Scotland, to whom the
keeping the Standards of Weights and Measures now in use there
does of speciall Right belong; All which Standards shall be sent
down to such respective Burroughs from the Standards kept in the
Exchequer at Westminster, subject nevertheless to such
Regulations as the Parliament of Great Britain shall think fit.
Article 18
XVIII. That the Laws concerning Regulation of Trade, Customs,
and such Excises, to which Scotland is by virtue of this Treaty
to be liable, be the same in Scotland, from and after the Union
as in England; and that all other Laws, in use within the
Kingdom of Scotland do after the Union, and notwithstanding
thereof, remain in the same force as before (except such as are
contrary to or inconsistent with this Treaty) but alterable by
the Parliament of Great Britain, With this difference betwixt
the Laws concerning publick right Policy, and Civil Government,
and those which concern private right and the Laws which concern
publick right Policy and Civil Government may be made the same
throughout the whole United Kingdom; but that no alteration be
made in Laws which concern private Right, except for the evident
utility of the subjects within Scotland.
Article 19
XIX. That the Court of Session or Colledge of Justice, do after
the Union and notwithstanding thereof, remain in all time coming
within Scotland as it is now constituted by the Laws of that
Kingdom, and with the same Authority and Priviledges as before
the Union; subject nevertheless to such Regulations for the
better Administration of Justice as shall be made by the
Parliament of Great Britain; And that hereafter none shall be
named by Her Majesty or Her Royal Successors to be Ordinary
Lords of Session but such who have served in the Colledge of
Justice as Advocats or Principal Clerks of Session for the space
of five years, or as Writers to the Signet for the space of ten
years With this provision That no Writer to the Signet be
capable to be admitted a Lord of the Session unless he undergo a
private and publick Tryal on the Civil Law before the Faculty of
Advocats and be found by them qualified for the said Office two
years before he be named to be a Lord of the Session, yet so as
the Qualifications made or to be made for capacitating persons
to be named Ordinary Lords of Session may be altered by the
Parliament of Great Britain.
And that the Court of Justiciary do also after the Union, and
notwithstanding thereof remain in all time coming within
Scotland, as it is now constituted by the Laws of that Kingdom,
and with the same Authority and Priviledges as before the Union;
subject nevertheless to such Regulations as shall be made by the
Parliament of Great Britain, and without prejudice of other
Rights of Justiciary:
And that all Admiralty Jurisdictions be under the Lord High
Admirall or Commissioners for the Admiralty of Great Britain for
the time being; And that the Court of Admiralty now Established
in Scotland be continued, And that all Reviews, Reductions or
Suspensions of the Sentences in Maritime Cases competent to the
Jurisdiction of that Court remain the the same manner after the
Union as now in Scotland, until the Parliament of Great Britain
shall make such Regulations and Alterations, as shall be judged
expedient for the whole United Kingdom, so as there be alwayes
continued in Scotland a Court of Admiralty such as in England,
for determination of all Maritime Cases relating to private
Rights in Scotland competent to the Jurisdiction of the
Admiralty Court; subject nevertheless to such Regulations and
Alterations as shall be thought proper to be made by the
Parliament of Great Britain; And that the Heritable Rights of
Admiralty and Vice-Admiralties in Scotland be reserved to the
respective Proprietors as Rights of Property, subject
nevertheless, as to the manner of Exercising such Heritable
Rights to such Regualtions and Alterations as shall be thought
proper to be made by the Parliament of Great Britain;
And that all other Courts now in being within the Kingdom of
Scotland do remain, but subject to Alterations by the Parliament
of Great Britain; And that all Inferior Courts within the said
Limits do remain subordinate, as they are now to the Supream
Courts of Justice within the same in all time coming;
And that no Causes in Scotland be cognoscible by the Courts of
Chancery, Queens-Bench, Common-Pleas, or any other Court in
Westminster-hall; And that the said Courts, or any other of the
like nature after the Union, shall have no power to Cognosce,
Review or Alter the Acts or Sentences of the Judicatures within
Scotland, or stop the Execution of the same;
And that there be a Court of Exchequer in Scotland after the
Union, for deciding Questions concerning the Revenues of Customs
and Excises there, having the same power and authority in such
cases, as the Court of Exchequer has in England And that the
said Court of Exchequer in Scotland have power of passing
Signatures, Gifts Tutories, and in other things as the Court of
Exchequer in Scotland hath; And that the Court of Exchequer that
now is in Scotland do remain, until a New Court of Exchequer be
settled by the Parliament of Great Britain in Scotland after the
Union;
And that after the Union the Queens Majesty and Her Royal
Successors, may Continue a Privy Council in Scotland, for
preserving of public Peace and Order, until the Parliament of
Great Britain shall think fit to alter it or establish any other
effectual method for that end.
Article 20
XX. That all heritable Offices, Superiorities, heritable
Jurisdictions, Offices for life, and Jurisdictions for life, be
reserved to the Owners thereof, as Rights of Property, in the
same manner as they are now enjoyed by the Laws of Scotland,
notwithstanding of this Treaty.
Article 21
XXI. That the Rights and Privileges of the Royall Burroughs in
Scotland as they now are, Do Remain entire after the Union, and
notwithstanding thereof.
Article 22
XXII. That by virtue of this Treaty, Of the Peers of Scotland at
the time of the Union 16 shall be the number to Sit and Vote in
the House of Lords, and 45 the number of the Representatives of
Scotland in the House of Commons of the Parliament of Great
Britain; And that when Her Majesty Her Heirs or Successors,
shall Declare Her or their pleasure for holding the first or any
subsequent Parliament of Great Britain until the Parliament of
Great Britain shall make further provision therein, A Writ do
issue under the Great Seal of the United Kingdom, Directed to
the Privy Council of Scotland, Commanding them to Cause 16
Peers, who are to sit in the House of Lords to be Summoned to
Parliament and 45 Members to be Elected to sit in the House of
Commons of the Parliament of Great Britain according to the
Agreement in the Treaty, in such manner as by a subsequent Act
of this present Session of the Parliament of Scotland shall be
settled; Which Act is hereby Declared to be as valid as if it
were a part of and ingrossed in this Treaty:
And that the Names of the Persons so Summoned and Elected, shall
be Returned by the Privy Council of Scotland into the Court from
whence the said Writ did issue. And that if her Majesty, on or
before the 1st day of May next, on which day the Union is to
take place shall Declare under the Great Seal of England, That
it is expedient, that the Lords of Parliament of England, and
Commons of the present Parliament of England should be the
Members of the respective Houses of the first Parliament of
Great Britain for and on the part of England, then the said
Lords of Parliament of England, and Commons of the present
Parliament of England, shall be the members of the respective
Houses of the first Parliament of Great Britain, for and on the
part of England:
And Her Majesty may by Her Royal Proclamation under the Great
Seal of Great Britain, appoint the said first Parliament of
Great Britain to Meet at such time and place as Her Majesty
shall think fit; which time shall not be less than 50 days after
the date of such Proclamation; And the time and place of the
Meeting of such Parliament being so appointed, a Writ shall be
immediately issued under the Great Seal of Great Britain,
directed to the Privy Council of Scotland, for the summoning the
16 Peers, and for Electing forty five Members, by whom Scotland
is to be Represented in the Parliament of Great Britain:
And the Lords of Parliament of England, and the 16 Peers of
Scotland, such 16 Peers being Summoned and Returned in the
manner agreed by this Treaty; and the Members of the House of
Commons of the said Parliament of England and the 45 Members for
Scotland, such 45 Members being Elected and Returned in the
manner agreed in this Treaty shall assemble and meet
respectively in their respective houses of the Parliament of
Great Britain, at such time and place as shall be so appointed
by Her Majesty, and shall be the Two houses of the first
Parliament of Great Britain, And that Parliament may Continue
for such time only as the present Parliament of England might
have Continued, if the Union of the Two Kingdoms had not been
made, unless sooner Dissolved by Her Majesty;
And that every one of the Lords of Parliament of Great Britain,
and every member of the House of Commons of the Parliament of
Great Britain in the first and all succeeding Parliaments of
Great Britain until the Parliament of Great Britain shall
otherwayes Direct, shall take the respective Oaths, appointed to
be taken in stead of the Oaths of Allegiance and Supremacy, by
an Act of Parliament made in England in the first year of the
Reign of the late King William and Queen Mary entituled An Act
for the abrogating of the Oaths of Supremacy and Allegiance, and
appointing other Oaths, and Make Subscribe and audibly Repeat
the Declaration mentioned in an Act of Parliament made in
England in the 30th year of the Reign of King Charles the Second
entituled An Act for the more effectual preserving the Kings
Person and Government by Disabling Papists from sitting in
either House of Parliament, and shall take and subscribe the
Oath mentioned in An Act of Parliament made in England, in the
first year of Her Majesties Reign entituled An Act to Declare
the Alterations in the Oath appointed to be taken by the Act
Entituled An Act for the further security of His Majesties
Person, and the Succession of the Crown in the Protestant Line,
and for Extinguishing the Hopes of the pretended Prince of
Wales, and all other pretenders and their open and secret
Abettors, and for Declaring the Association to be determined, at
such time, and in such manner as the Members of both Houses of
Parliament of England are by the said respective Acts, directed
to take, make and subscribe the same upon the penalties and
disabilities in the said respective Acts contained.
And it is Declared and Agreed That these words This Realm, the
Crown of this Realm, and the Queen of this Realm, mentioned in
the Oaths and Declaration contained in the aforsaid Acts, which
were intended to signify the Crown and Realm of England, shall
be understood of the Crown and Realm of Great Britain, And that
in that sense, the said Oaths and Declaration be taken and
subscribed by the members of both Houses of the Parliament of
Great Britain.
Article 23
XXIII. That the foresaid 16 Peers of Scotland, mentioned in the
last preceding Article, to sit in the House of Lords of the
Parliament of Great Britain shall have all Priviledges of
Parliament which the Peers of England now have, and which They
or any Peers of Great Britain shall have after the Union, and
particularly the Right of sitting upon the tryals of Peers: And
in case of the tryal of any Peer in time of Adjournment or
Prorogation of Parliament, the said 16 Peers shall be summoned
in the same manner, and have the same powers and priviledges at
such tryal, as any other Peers of Great Britain; And that in
case any tryals of Peers shall hereafter happen when there is no
Parliament in being, the 16 Peers of Scotland who sate in the
last preceeding Parliament, shall be summoned in the same manner
and have the same powers and privileges at such tryals as any
other Peers of Great Britain;
And that all Peers of Scotland, and their successors to their
Honours and Dignities, shall from and after the Union be Peers
of Great Britain, and have Rank and Precedency next and
immediately after the Peers of the like orders and degrees in
England at the time of the Union, and before all Peers of Great
Britain of the like orders and degrees, who may be Created after
the Union, and shall be tryed as Peers of Great Britain, and
shall Enjoy all Privileges of Peers, as fully as the Peers of
England do now, or as they, or any other Peers of Great Britain
may hereafter Enjoy the same except the Right and Privilege of
sitting in the House of Lords and the Privileges depending
thereon, and particularly the Right of sitting upon the tryals
of Peers.
Article 24
XXIV. That from and after the Union, there be One Great Seal for
the United Kingdom of Great Britain, which shall be different
from the Great Seal now used in either Kingdom; And that the
Quartering the Arms and the Rank and Precedency of the Lyon King
of Arms of the Kingdom of Scotland as may best suit the Union be
left to Her Majesty: And that in the mean time the Great Seal of
England be used as the Great Seal of the United Kingdom, and
that the Great Seal of the United Kingdom be used for Sealing
Writs to Elect and Summon the Parliament of Great Britain and
for sealing all Treaties with Forreign Princes and States, and
all publick Acts Instruments and Orders of State which Concern
the whole United Kingdom, and in all other matters relating to
England, as the Great Seal of England is now used, and that a
Seal in Scotland after the Union be alwayes kept and made use of
in all things relating to private Rights or Grants, which have
usually passed the Great Seal of Scotland, and which only
concern Offices, Grants, Commissions, and private Rights within
the Kingdom, And that until such Seal shall be appointed by Her
Majesty the present Great Seal of Scotland shall be used for
such purposes;
And that the Privy Seal, Signet, Casset, Signet of the
Justiciary Court, Quarter Seal, and Seals of Courts now used in
Scotland be Continued, but that the said Seals be altered and
adapted to the state of the Union as Her Majesty shall think
fit; And the said Seals, and all of them, and the Keepers of
them, shall be subject to Regulations as the Parliament of Great
Britain shall hereafter make:
And that the Crown, Scepter and Sword of State, the Records of
Parliament, and all other Records, Rolls and Registers
whatsoever, both publick and private generall and particular,
and Warrands thereof Continue to be keeped as they are within
that part of the United Kingdom now called Scotland, and that
they shall so remain in all time coming notwithstanding of the
Union.
Article 25
XXV. That all Laws and Statutes in either Kingdom so far as they
are contrary to, or inconsistent with the Terms of these
Articles, or any of them, shall from and after the Union cease
and become void, and shall be so declared to be by the
respective Parliaments of the said Kingdoms.
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Copyright 2006 |
Jason Thomas Williams |
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