Whereas Articles of Union were agreed on the Twenty Second day of July in the Fifth year of Your Majesties reign by the Commissioners nominated on behalf of the Kingdom of England under Your Majesties Great Seal of England bearing date at Westminster the Tenth day of April then last past in pursuance of an Act of Parliament made in England in the Third year of Your Majesties reign and the Commissioners nominated on the behalf of the Kingdom of Scotland under Your Majesties Great Seal of Scotland bearing date the Twenty Seventh day of February in the Fourth year of Your Majesties Reign in pursuance of the Fourth Act of the Third Session of the present Parliament of Scotland to treat of and concerning an Union of the said Kingdoms.
And Whereas an Act hath passed in the Parliament of Scotland at Edinburgh the Sixteenth day of January in the Fifth year of Your Majesties reign wherein ’tis mentioned that the Estates of Parliament considering the said Articles of Union of the two Kingdoms had agreed to and approved of the said Articles of Union with some Additions and Explanations And that Your Majesty with Advice and Consent of the Estates of Parliament for establishing the Protestant Religion and Presbyterian Church Government within the Kingdom of Scotland had passed in the same Session of Parliament an Act intituled Act for securing of the Protestant Religion and Presbyterian Church Government which by the Tenor thereof was appointed to be inserted in any Act ratifying the Treaty and expressly declared to be a fundamental and essential Condition of the said Treaty or Union in all times coming the Tenor of which Articles as ratified and approved of with Additions and Explanations by the said Act of Parliament of Scotland follows.
Article I: name of the new kingdom
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 a manner as her Majesty shall think fit, and used in all Flags, Banners, Standards, and Ensigns, both at Sea and Land.
Article II: succession to the throne
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, Electress 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 the Third, entitled, 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 Defcent 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, entitled, An Act declaring the Rights and Liberties of the Subject, and settling the Succession of the Crown.
Article III: united parliament
That the united Kingdom of Great-Britain be represented by one and the same Parliament, to be stiled the Parliament of Great-Britain.
Article IV: equal privileges of subjects
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 expresly agreed in these Articles.
Article V: ships
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 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 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 administrated, shall be attested by the Officer or Officers, who administrated 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.
Article VI: customs union
That all Parts of the united Kingdom, for ever, from and after the Union, shall have the same Allowances, Encouragements, and Draw-backs, and be under the same Prohibitions, Restrictions, and Regulations of Trade, and liable to the same Customs and Duties, and Import and Export. And that the Allowances, Encouragements, and draw-backs, 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 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 Beer of Scotland, have the same Reward as Barley: And in respect the Exportation 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 GreatBritain, for discouraging the Importation of the said Victual from beyond Sea.
Article VII: tax on liquor
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 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 liable on account of the present Excise upon excisable Liquors in England, to any higher Imposition than two Shillings Sterling upon the foresaid thirty-four Gallons English Barrel, being twelve Gallons the present Scots Measure. ‘And that the Excise settled in England on all other Liquors, when the Union commences, take place throughout the whole United Kingdom.
Article VIII: tax on salt, meat and fish
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 upon the Merchants Importers, that therefore all foreign Salt imported into Scotland, shall be cellered 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 Occasions 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 the same Duties as 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 Duty of two Shillings and four Pence the Bushel on home-Salt, imposed by an Act made in England in the ninth and tenth Years 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 and four Pence of Excise upon 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 two Shillings four Pence a Bushel upon Salt is continued in England, the said two Shillings four Pence a Bushel, shall be payable for all Salt made in Scotland, and imported into England, to be levied and secured in the same manner; and that during the Continuance of the Duty of two Shillings four Pence 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 twenty Shillings 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 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 Flesh exported from Scotland to England, and put on Board in Scotland, to be exported to Ports beyond the Sea,’ 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 such 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 Draw-backs, 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, ten Shillings five Pence Sterling for every Barrel of white Herring, which shall be exported from Scotland; and that they shall be allowed five Shillings 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 bèyond Sea, alterable by the Parliament of Great-Britain. ‘And if any Matters of Frauds, 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 IX: proportionate taxation
That whenever the Sum of one Million nine hundred ninety-seven Thousand, seven Hundred and sixty-three Pounds, eight Shillings, 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 LandTax; 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 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.
Article X: English stamp tax not to apply to Scotland
That, during the continuance of the respective Duties on stamped Paper, Vellom and Parchment, by the several Acts now in Force in England, Scotland shall not be charged with the same respective Duties.
Article XI: English window tax not to apply to Scotland
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.
Article XII: English coal tax not to apply to Scotland
That, during the continuance of the Duties payable in England on Coals, Culm and Cinders, which determines the thirtieth Day of September, one thousand seven hundred and ten, 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.
Article XIII: English malt tax not to apply to Scotland
That, during the continuance of the Duty payable in England on Malt, which determines the twenty-fourth Day of June, one thousand seven hundred and seven, Scotland shall not be charged with that Duty.
Article XIV: any other pre-existing English taxes not to apply to Scotland
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 one thousand seven hundred and seven; providing nevertheless, that, if the Parliament of England shall think fit to lay any further Impositions, by way of Custom, 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 on Malt during this War. ‘And seeing it cannot be supposed, that the Parliament of GreatBritain 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 on for any Part of the united Kingdom, but that the Consideration of any Exemptions beyond what is already agreed on in this Treaty, shall be left to the Determination of the Parliament of Great Britain.
Article XV: economics of balancing taxation
That 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 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 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 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 excisable Liquors in Scotland, being thirty-three thousand and five hundred Pounds per Annum, do bear to the Excises on excisable 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 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 exciseable 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 reasonable 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 Excises 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 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 ninetyeight 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 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 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 thence forward 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 of seven Years: 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 Debts of England; it is agreed, That the same may be applied in the manner following, viz. That all the public Debts of the Kingdom of Scotland, as shall be adjusted by the 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 thousands Sterling be paid at Martiumas 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 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 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 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.
Article XVI: monetary union
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 XVII: common weights and measures
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.
Article XVIII: common trade laws
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, Polity, and Civil Government, and those which concern private Right; that the Laws which concern public Right, Polity, 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.
Article XIX: judiciaries to remain separate
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 and 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 Years; with this Provision, that no Writer 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 be be named to be a Lord of the Session: Yet so, as the Qualification 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 GreatBritain, 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 cognizable by the Courts of Chancery, Queen’sBench, 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 cognize, 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 PrivyCouncil in Scotland. for preserving the 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 XX: titles, etc., are rights of property
That all heritable Offices, Superiorities, heritable Jurisdictions, Offices for Life, and Jurisdictions for Life, be reserved for the Owners thereof, as Rights of Property, in the same Manner as they are now enjoyed by the Laws of Scotland, notwithstanding this Treaty.
Article XXI: rights of Scottish royal boroughs unaffected
That the Rights and Privileges of the Royal Boroughs in Scotland as they are, do remain entire after the Union, and notwithstanding thereof.
Article XXII: representative peers; definition of terms
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 fortyfive 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 in the Parliament of Great-Britain, according to the Agreement in 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 engrossed in this Treaty: ‘And that the Names of the Persons so summoned and elected, shall be returned by the PrivyCouncil 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 GreatBritain, for, and on the Part of England, And her Majesty may, by her Royal Proclamation, under the Great Seal or 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 fortyfive 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 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 sconer 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 GreatBritain, in the first, and all succeeding Parliaments of GreatBritain, until the Parliament of Great-Britain shall otherways direct, shall take the respective 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, entitled, 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, entitled, 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, entitled, An Act to declare the Alterations in the Oath appointed to be taken by the Act, entitled, 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 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.
Article XXIII: equal rights of Scottish and English lords
That the aforesaid sixteen Peers of Scotland, mentioned in the last preceeding 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 GreatBritain, 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 sixteen Peers 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, in case any Tryals 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 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 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 Tryals of Peers.
Article XXIV: the Great Seal, lesser seals and the Scottish crown jewels
That, from and after the Union, there be one Great Seal for the united Kingdom of GreatBritain, 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 mean Time, the Great Seal of England be used as the Great Seal of the united Kingdom, sealing Writs to elect and summon the Parliament of GreatBritain, 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-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 such Alterations 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 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.
Article XXV: repeal of conflicting laws
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.
