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The estates of parliament, considering that articles of union of the kingdoms of Scotland and England were agreed on the twentieth second of July, one thousand, seven hundred and six years by the commissioners nominated on behalf of this kingdom, under her majesties' great seal of Scotland, bearing date the twenty seventh of February last, past in pursuance of the fourth act of the third session of this parliament, and the commissioners nominated on behalf of the kingdom of England, under her majesties' great seal of England, bearing date at Westminster, the tenth day of Aprile last, past in pursuance of ane act of parliament made in England the third year of her majesties' reign, to treat of and concerning ane union of the said kingdoms, which articles were, in all humility, presented to her majesty upon the twenty third of the said moneth of July, and were recommended to this parliament by her majesties' royal letter of the date the thirty one day of July, one thousand, seven hundred and six. And that the said estates of parliament have agreed to and approven of the saids articles of union, with some additions and explanations as is contained in the articles hereafter insert. And sicklyke, her majesty, with advice and consent of the estates of parliament, resolving to establish the Protestant religion and presbeterian church government within this kingdom, has past in this session of parliament ane act entituled, act for secureing of the Protestant religion and presbeterian church government, which, by the tenor therof, is appointed to be insert in any act ratifying the treaty and expressly declared to be a fundamental and essentiall condition of the said treaty or union in all time coming. Therfor, her majesty, with advice and consent of the estates of parliament, in fortification of the approbation of the articles as abovementioned, and for their further and better establishment of the same, upon full and mature deliberation upon the forsaids articles of union and act of parliament, doth ratifie, approve and confirm the same, with the additions and explanations contained in the saids articles, in manner and under the provision aftermentioned, wherof the tenor follows.
1st Article. That the two kingdoms of Scotland and England shall, upon the first day of 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 appoint, and the crosses of St Andrew and St George be conjoind in such manner as her majesty shall think fit, and used in all flaggs, banners, standards and ensigns both at sea and land.
2nd. 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 Hannover, and the heirs of her body, being Protestants, upon whom the croun of England is setled by ane 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 croun and better securing the rights and liberties of the subject; and that all papists and persons marying papists, shall be excluded from and forever incapable to inherit, possess or enjoy the imperial croun of Great Britain and the dominions therunto belonging, or any part thereof, and in every such case the croun 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 croun 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, ane act declaring the rights and liberties of the subject, and setling the succession of the croun.
3rd. That the United Kingdom of Great Britain be represented by one and the same parliament, to be stiled the parliament of Great Britain.
4th. 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 otherwayes expresly agreed in these articles.
5th. That all ships or vessells 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 forraign built, be deem'd 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 moneths after the first of May next making oath that at the time of ratifying the treaty of union in the parliament of Scotland, the same did in haill or in part belong to him or them, or to some other subject or subjects 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 forraigner, directly or indirectly, hath any share, part or interest therein. Which oath shall be made before the chieff 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 administrate the said oath, and the oath, being so administrated, shall be attested by the officer or officers who administrated the same and, being registrate by the said officer or officers, shall be delivered to the master of the ship for security of her navigation, and a duplicat therof shall be transmitted by the said officer or officers to the chieff 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 generall register of all trading ships belonging to Great Britain.
6th. 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 setled 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 privat 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 catle carried into England shall be lyable to any other duties, either on the publick or privat accompts† than these duties to which the catle of England are or shall be lyable within the said kingdom. And seing by the laws of England there are rewards granted upon the exportation of certain kinds of grain wherin 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 payed two shillings and six pence sterling for every quarter of the oat meall exported in the terms of the law, wherby 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 victuall into Scotland from any place beyond sea would prove a discouragement to tillage, therfor, 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, untill more proper and effectuall wayes be provided by the parliament of Great Britain for discouraging the importation of the said victuall from beyond sea.
7th. That all parts of the United Kingdom be, forever, from and after the union, lyable to the same excises upon all exciseable liquors, excepting only that the thirty four gallons English barrell 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 retailer's profit at two pence the Scots pint, or eight part of the Scots gallon, be not, after the union, lyable on account of the present excise upon excisable liquors in England to any higher imposition than two shillings sterling upon the foresaid therty four gallons English barrell; being twelve gallons the present Scots measure, and that the excise setled in England on all other liquors when the union commences take place throughout the whole United Kingdom.
8th. That, from and after the union, all forraign 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 forraign salt imported may be very heavie on the merchants importers, that, therfor, all forraign 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 moneths. But Scotland shall, for the space of seven years from the said union, be exempted from paying in Scotland for salt made there the dutie or excise now payable for salt made in England; but, from the expiration of the said seven years, shall be subject and lyable to the same duties for salt made in Scotland as shall be then payable for salt made in England, to be levied and secured in the same manner, and with proportionall drawbacks and allowances as in England; with this exception, that Scotland shall, after the said seven years, remain exempted from the dutie of two shillings and four pence 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 two shillings and four pence of excise on the bushell of home salt, Scotland shall, after the said seven years, bear a proportion of the said fund and have an equivalent in the terms of this treaty, and that during the said seven years there shall be 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, to be levied and secured in the same manner as the duties on forraign salt are to be levied and secured in England. And that after the said seven years, how long the said dutie of two shillings [and] four pence a bushell upon salt is continued in England, the said two shillings [and] four pence a bushell shall be payable for all salt made in Scotland and imported into England, to be levied and secured in the same manner; and that during the continuance of the dutie of two shillings [and] four pence a bushell upon salt made in England, no salt whatsoever be brought from Scotland to England by land in any manner, under the penalty of forfeiting the salt and the catle and carriages made use of in bringing the same, and paying twenty shillings for every bushell of such salt, and proportionably for a greater or lesser quantity, for which the carrier as well as the owner shall be lyable, jointly and severally, and the persons bringing or carrying the same to be imprisoned by any one justice of the peace, by the space of six moneths without baill, and untill the penalty be payed; and for establishing ane equality in trade, that all fleshes exported from Scotland to England, and put on board in Scotland to be exported to parts beyond the seas, and provisions for ships in Scotland and for forraign voyadges, may be salted with Scots salt paying the same dutie for what salt is so imployed as the like quantity of such salt payes 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 forraign 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 forraign salt only and without mixture of British or Irish salt, shall have the same eases praemiums 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, ten shillings [and] five pence sterling for every barrell of white herrings which shall be exported from Scotland, and that there shall be allowed five shillings sterling for every barrel of beef or pork salted with forraign 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.
9th. That whenever the soume of one million, nine hundred [and] ninety seven thousand, seven hundred and sixty three pounds, eight shillings and four pence half penny shall be enacted by the parliament of Great Britain, to be raised in that part of the United Kingdom now called England, on land and other things usually charged in acts of parliament there for granting ane aid to the croun by a land tax, that part of the United Kingdom now called Scotland shall be charged by the same act with a further soume of fourty eight thousand pounds, free of all charges, as the quota of Scotland to such tax, and so proportionally for any greater or lesser soume 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.
10th. 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.
11th. 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.
12th. That during the continuance of the duties payable in England on coals, culm and cynders, which determines the thertieth day of September, one thousand, seven hundred and ten, Scotland shall not be charged therwith for coals, culm and cynders consumed there, but shall be charged with the same duties as in England for all coal, culm and cynders not consumed in Scotland.
13th. 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.
14th. 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 publick charge and service of that kingdom for the year one thousand, seven hundred and seven; provided, nevertheless, that if the parliament of England shall think fit to lay any further impositions by way of customs, or such excises, with which, by vertue 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 ane equivalent to be setled 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 seing 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 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, therfor, it is agreed that there be no further exemption insisted upon for any part of the United Kingdom, but that the consideration of any exemptions, beyond what are already agreed on in this treaty, shall be left to the determination of the parliament of Great Britain.
15th. 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 therof 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 soume of three hundred [and] ninty eight thousand and eighty five pounds, ten shillings 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 therty thousand pounds per annum, do bear to the customs in England, computed at one million, three hundred [and] fourty one thousand, five hundred and fifty nine pounds per annum; and which the present excises on exciseable liquors in Scotland, being therty three thousand and five hundred pounds per annum, do bear to the excises on exciseable liquors in England, computed at nine hundred [and] fourty seven thousand, six hundred and two pounds per annum; which soume of three hundred [and] ninty eight thousand [and] 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 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 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 annuall 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 ane accompt kept of the said duties arising in Scotland, to the end it may appear what ought to be answered to Scotland, as ane equivalent for such proportion of the said encrease as shall be applicable to the payment of the debts of England. And for the further and more 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 ane equivalent shall be answered to Scotland for such parts of the English debts as Scotland may hereafter become lyable to pay by reason of the union, other than such for which appropriations have been made by parliament in England of the customs or other duties on export and import, excises on all exciseable liquors, in respect of which debts, equivalents are herein before provided. And as for the uses to which the said soume of three hundred [and] ninty eight thousand [and] 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 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 capitall stock or fund of the African and Indian Company of Scotland, advanced together with the interest for the said capitall stock after the rate of five per cent 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 soume of three hundred [and] ninty eight thousand [and] eighty five pound, ten shillings, 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 moneths after the commencement of the union that then the said company may from thence forward trade or give licence to trade untill the said hail capitall stock and interest shall be payed. And as to the overplus of the said soume of three hundred [and] ninty eight thousand [and] eighty five pound, ten shillings, after payment of what consideration shall be had for losses in repairing the coin and paying the said capitall stock and interest, and also the haill 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 soumes which, according to the agreements aforesaid, may become payable to Scotland by way of equivalent for what that kingdom shall hereafter become lyable towards payment of the debt of England, it is agreed that the samen be applied in manner following, viz. That all the publick debts of the kingdom of Scotland as shall be adjusted by this present parliament shall be payed and that two thousand pounds per annum, for the space of seven years, shall be applied towards encouraging and promoting the manufacture of course wool within these shires which produce the wool, and that the first two thousand pounds sterling be payed at Martinmass next, and so yearly at Martinmass during the space foresaid, and afterwards the same shall be wholly applied towards the encouraging and promoting the fisheries and such other manufactures and improvements in Scotland as may most conduce to the generall good of the United Kingdom. And it is agreed that her majesty be impowered to appoint commissioners, who shall be accountable to the parliament of Great Britain, for disposing the said soume of three hundred [and] ninty eight thousand [and] eighty five pounds, ten shillings, and all other monies which shall arise to Scotland, upon the agreements aforesaid to the purposes before mentioned, which commissioners shall be impowered to call for, receive and dispose of the said monies in manner aforesaid, and to inspect the books of the severall collectors of the said revenues, and of all other duties from whence an equivalent may arise; and that the collectors and manadgers of the said revenues and duties be oblidged to give to the said commissioners subscribed [and] authentick abbreviats 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 accompts 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 samen.
16th. 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.
17th. 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 keept by those burroughs in Scotland, to whom the keeping the standards of weights and measures now in use there do's of speciall right belong; all which standards shall be sent doun 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.
18th. That the laws concerning regulation of trade, customs and such excises, to which Scotland is, by vertue of this treaty, to be lyable, be the same in Scotland, from and after the union, as in England; and that all other laws in use within the kingdom of Scotland do, after the union, and notwithstanding thereof, remain in the same force as before (except such as are contrary to or inconsistent with this treaty) but alterable by the parliament of Great Britain, with this difference betwixt the laws concerning publick right, policy and civil government, and those which concern privat right: that 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 privat right, except for evident utility of the subjects within Scotland.
19th. 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 undergoe a privat 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 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 alwayes continued in Scotland a court of admiralty such as in England, for determination of all maritime cases relating to privat 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 supream courts of justice within the same in all time coming; and that no causes in Scotland be cognoscable by the courts of chancery, queen's-bench, common-pleas, or any other court in Westminster-hall; and that the said courts, or any other of the like nature after the union, shall have no power to cognosce, review or alter the acts or sentences of the judicatures within Scotland, or stop the execution of the same; and that there be a court of exchequer in Scotland after the union, for deciding questions concerning the revenues of customs and excises there, having the same power and authority in such cases as the court of exchequer has in England; and that the said court of exchequer in Scotland have power of passing signatures, gifts, tutories and in other things as the court of exchequer at present in Scotland hath; and that the court of exchequer that now is in Scotland do remain untill a new court of exchequer be setled by the parliament of Great Britain in Scotland after the union; and that after the union the queen's majesty and her royal successors may continue a privy counsell in Scotland, for preserving of public peace and order, untill the parliament of Great Britain shall think fit to alter it, or establish any other effectual method for that end.
20th. That all heritable offices, superiorities, heritable jurisdictions, offices for life and jurisdictions for life, be reserved to the owners therof as rights of property, in the same manner as they are now enjoyed by the laws of Scotland, notwithstanding of this treaty.
21st. That the rights and privileges of the royall burroughs in Scotland, as they now are, do remain entire after the union, and notwithstanding thereof.
22nd. That, by vertue 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 fourty-five the number of the representatives of Scotland in the house of commons of the parliament of Great Britain; and that, when her majesty, her heirs or successors shall declare her or their pleasure for holding the first or any subsequent parliament of Great Britain, untill the parliament of Great Britain shall make further provision therein, a write do issue under the great seal of the United Kingdom, directed to the privy counsell of Scotland, commanding them to cause sixteen peers, who are to sit in the house of lords, to be summoned to parliament, and fourty-five members to be elected to sit in the house of commons of the parliament of Great Britain, according to the agreement in this treaty, in such manner as by a subsequent act of this present session of the parliament of Scotland shall be setled, 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 counselll of Scotland into the court from whence the said writ did issue, and that if her majesty, on or before the first day of May next, on which day the union is to take place, shall declare, under the great seal of England, that it is expedient that the lords of parliament of England and commons of the present parliament of England, should be the members of the respective houses of the first parliament of Great Britain, for and on the part of England, then the said lords of parliament of England, and commons of the present parliament of England, shall be the members of the respective houses of the first parliament of Great Britain, for and on the part of England; and her majesty may by her royal proclamation, under the great seal of Great Britain, appoint the said first parliament of Great Britain to meet at such time and place as her majesty shall think fit, which time shall not be less than fifty dayes after the date of such proclamation; and the time and place of the meeting of such parliament, being so appointed, a write shall be immediately issued under the great seal of Great Britain, directed to the privy counsell of Scotland, for the summoning the sixteen peers, and for electing fourty-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 fourty-five members for Scotland, such fourty-five members being elected and returned in the manner agreed in this treaty, shall assemble and meet respectively in their respective houses of the parliament of Great Britain, at such time and place as shall be so appointed by her majesty, and shall be the two houses of the first parliament of Great Britain, and that parliament may continue for such time only as the present parliament of England might have continued, if the union of the two kingdoms had not been made, unless sooner dissolved by her majesty; and that every one of the lords of parliament of Great Britain, and every member of the house of commons of the parliament of Great Britain, in the first and all succeeding parliaments of Great Britain untill the parliament of Great Britain shall otherwayes direct, shall take the respective oaths appointed to be taken in stead of the oaths of alleadgeance and supremacy, by ane 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 alleadgance, and appointing other oaths, and make, subscribe and audibly repeat the declaration mentioned in ane act of parliament made in England in the thirtieth year of the reign of King Charles the second entituled, ane 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 majesties' reign entituled, an act to declare the alterations in the oath appointed to be taken by the act entituled, ane 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 croun of this realm, and the queen of this realm', mentioned in the oaths and declaration contained in the aforsaid acts, which were intended to signifie the croun and realm of England, shall be understood of the croun 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.
23rd. That the forsaid sixteen peers of Scotland, mentioned in the last preceding article, to sit in the house of lords of the parliament of Great Britain, shall have all 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 sixteen 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 sixteen 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.
24th. 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 summoned the parliament of Great Britain, and for sealing all treaties with forraign 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 keept and made use of in all things relating to privat rights or grants, which have usually passed the great seal of Scotland, and which only concern offices, grants, commissions and privat rights within that kingdom, and that untill 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 regulations as the parliament of Great Britain shall hereafter make. And that the croun, scepter and sword of state, the records of parliament and all other records, rolls and registers whatsoever, both publick and privat, generall and particular and warrands therof, 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.
25th. 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.
Follows the tenor of the forsaid act for securing the Protestant religion and presbyterian church government.
Our sovereign lady and the estates of parliament, considering that by the late act of parliament for a treaty with England for an union of both kingdoms it is provided that the commissioners for that treaty should not treat of or concerning any alteration of the worship, discipline and government of the church of this kingdom as now by law established, which treaty, being now reported to the parliament and it being reasonable and necessary that the true Protestant religion, as presently professed within this kingdom, with the worship, discipline and government of this church, should be effectually and unalterably secured, therfor, her majesty, with advice and consent of the said estates of parliament, doth hereby establish and confirm the said true Protestant religion and the worship, discipline and government of this church, to continue without any alteration to the people of this land, in all succeeding generations. And more especially, her majesty, with advice and consent forsaid, ratifies, approves and for ever confirms the fifth act of the first parliament of King William and Queen Mary entituled, act ratifying the Confession of Faith and setling presbeterian church government, with the haill other acts of parliament relating thereto, in prosecution of the declaration of the estates of this kingdom containing the Clame of Right, bearing date the eleventh of Aprile, one thousand, six hundred and eighty nine. And her majesty, with advice and consent forsaid, expressly provides and declares that the forsaid true Protestant religion contained in the above-mentioned Confession of Faith, with the form and purity of worship presently in use within this church and its presbeterian church government and discipline, that is to say the government of the church by kirk sessions, presbetries, provincial synods and generall assemblies, all established by the forsaid acts of parliament pursuant to the Claim of Right, shall remain and continue unalterable, and that the said presbyterian government shall be the only government of the church within the kingdom of Scotland. And further, for the greater security of the forsaid Protestant religion and of the worship, discipline and government of this church as above established, her majesty, with advice and consent forsaid, statutes and ordains that the universities and colledges of Saint Andrews, Glasgow, Aberdeen and Edinburgh, as now established by law, shall continue within this kingdom for ever, and that in all time coming no professors, principalls, regents, masters or others bearing office, in any university, colledge or school within this kingdom, be capable or be admitted or allowed to continue in the exercise of their said functions, but such as shall own and acknowledge the civill government in manner prescribed, or to be prescribed by the acts of parliament. As also, that before or at their admissions they do and shall acknowledge, and profess and shall subscribe to the forsaid Confession of Faith as the confession of their faith, and that they will practise and conform themselves to the worship presently in use in this church, and submit themselves to the government and discipline therof, and never endeavour, directly or indirectly, the prejudice or subversion of the same, and that before the respective presbetries of their bounds by whatsoever gift, presentation or provision they may be thereto provided. And further, her majestie, with advice forsaid, expressly declares and statutes that none of the subjects of this kingdom shall be lyable to, but all and every one of them for ever free of, any oath, test or subscription within this kingdom contrary to or inconsistent with the forsaid true Protestant religion and presbyterian church government, worship and discipline as above established, and that the same within the bounds of this church and kingdom shall never be imposed upon or required of them in any sort. And lastly, that after the decease of her present majesty (whom God long preserve) the soveraign succeeding to her in the royal government of the kingdom of Great Britain shall, in all time comeing, at his or her accession to the croun, swear and subscribe that they shall inviolably maintain and preserve the forsaid setlement of the true Protestant religion with the government, worship, discipline, right and priviledges of this church, as above established by the laws of this kingdom, in prosecution of the Clame of Right. And it is hereby statute and ordained that this act of parliament, with the establishment therin contained, shall be held and observed in all time coming as a fundamentall and essentiall condition of any treaty or union to be concluded betwixt the two kingdoms, without any alteration therof or derogation therto in any sort forever. As also, that this act of parliament and setlement therein contained shall be insert and repeated in any act of parliament that shall pass for agreeing and concluding the foresaid treaty or union betwixt the two kingdoms, and that the same shall be therin expressly declared to be a fundamentall and essentiall condition of the said treaty or union in all time coming.
Which articles of union and act immediately abovewritten, her majesty, with advice and consent forsaid, statutes, enacts and ordains to be and continue in all time coming the sure and perpetuall fundation of ane compleat and intire union of the two kingdoms of Scotland and England under this express condition and provision, that the approbation and ratification of the forsaids articles and act shall be nowayes binding on this kingdom untill the said articles and act be ratified, approven and confirmed by her majesty, with and by the authority of the parliament of England, as they are now agreed to, approved and confirmed by her majestie, with and by the authority of the parliament of Scotland, declaring, nevertheless, that the parliament of England may provide for the security of the church of England as they think expedient, to take place within the bounds of the said kingdom of England, and not derogating from the security above provided for establishing of the church of Scotland within the bounds of this kingdom. As also, the said parliament of England may extend the additions and other provisions contained in the articles of union as above insert in favours of the subjects of Scotland to and in favours of the subjects of England which shall not suspend or derogate from the force and effect of this present ratification, but shall be understood as herein included without the necessity of any new ratification in the parliament of Scotland. And lastly, her majesty enacts and declares that all laws and statutes in this kingdom so far as they are contrary to or inconsistent with the terms of these articles as above-mentioned shall, from and after the union, cease and become void.