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THE TREATY or Act of
the 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.
© John A. Duncan of Sketraw, KCN, FSA Scot
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