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Then the examplification of the act of the parliament of England ratifieing the treaty of union betwixt Scotland and England, under the great seall of England, was read and ordered to be recorded.
Anna, Dei gratia, Anglie, Scocie, Francie et Hibernie, regina, fidei defensor, etc. omnibus ad quos presentes litere pervenerint, salutem. Inspeximus quoddam breve nostrum de certiorando e curia cancellaria nostre nuper emanans dilecto et fideli nostro Matheo Johnson, armigero, clerico parliamentorum nostrorum direct', una cum quodam retorno sive indorsamento in dorso ejusdem brevis indorsato and inserto in dictam cancellariam nostram, retornatum et in filaciis ibidem de recordo residens in hec verba:
Anna, Dei gratia, Anglie, Scocie, Francie et Hibernie, regina, fidei defensor, etc., dilecto sibi Matheo Johnson, armigero, clerico parliamentorm suorum, salutem. Volentes certis de causis certiorari super tenorem cuiusdem actus in instanti parliamento nostro apud Westm' fact' et ordinat' intitulat, 'An act for an union of the two kingdoms of England and Scotland', vobis mandamus quod tenorem actus predicti cum omnibus illis tangentibus nobis in cancellariam nostram sub sigillo vestro distincte and aperte sine dilatione mittatis. Et hoc breve teste meipsa apud Westm', sexto die Martii anno regni nostri quinto. Wrighte executio huius brevis patet in quadam schedula huic brevi annexa prout interius mihi precipitur, Math' Johnson clericus parliamentorum. Inspeximus etiam scedulam premenconatam continentem tenorem actus predicti eidemque brevi annexam manu et sigillo Mathei Johnson signatam et sigillatam in cancellariam nostram predictam, scilicet retornatam et in filaciis ibm: de Recordo quoque residens in hec verba:
In parliamentum inchoatum apud Westmonaster', decimo quarto die Junii, anno Domini millesimo septingentesimo quinto annoque regni serenissime domine nostre Anne, Dei gratia, Anglie, Scotie, Francie et Hibernie, regina, fidei defensor etc., quarto, communi: omnium dominorum, tam spiritualium quam temporalum, et comunitis: etc., consensu et regie majestatis assensu (inter alia) sancitum, inactitatum et stabilitum fuit hoc sequens statutum, viz. 'An act for an union of the two kingdoms of England and Scotland', cujus quidem tenor sequitur in his verbis:
Most gracious sovereign, 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 expresly 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 1. That the two kingdoms of England and Scotland shall, upon the first day of May, which shall be in the year one thousand, seven hundred and seven, 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 George and St Andrew be conjoyned in such manner as her majesty shall think fit, and used in all flaggs, banners, standards and ensigns both at sea and land.
Article 2. That the succession to the monarchy of the United Kingdom of Great Britain, and of the dominions thereto belonging, after her most sacred majesty, and in default of issue of her majesty, be, remain and continue to the most excellent Princess Sophia, electoress and dutchess dowager of Hannover, and the heirs of her body, being Protestants, upon whom the crown of England is settled by an act of parliament made in England, in the twelfth year of the reign of his late majesty King William the third, intituled, an act for the further limitation of the crown, and better securing the rights and liberties of the subject; and that all papists and persons marrying papists, shall be excluded from, and 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 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, intituled, an act declaring the rights and liberties of the subject, and settling the succession of the crown.
Article 3. 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. 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 5. 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 foreign 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 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 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 Edingburgh, 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. 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 lyable to the same customs and duties on 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 privat rights, which, after the union, are to remain safe and intire to them, in all respects as before the same; and that, from and after the union, no Scots cattle carried into England shall be lyable to any other duties, either on the publick or private accounts, than those duties to which the cattle of England are, or shall be lyable within the said kingdom. And seing 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 payed two shillings and six pence sterling for every 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 beer of Scotland have the same rewards as barley. And in respect the importations 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 importations of victuals from Ireland, or any other place beyond sea into Scotland, do, after the union, remain in the same force as now it is, until more proper and effectual ways be provided by the parliament of Great Britain, for discouraging the importation of the said victuals from beyond sea.
Article 7. 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 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 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 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 8. 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 cellared and locked up under the custody of the merchants importers, and the officers imployed for levying the duties upon salt, and that the merchant may have what quantity thereof his occasion may require, not under a weigh or fourty bushels 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 duty 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 levyed and secured in the same manner, and with proportionable draw-backs 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 a bushel on home salt, imposed by an act made in England in the ninth and tenth of King William the third of England. And if the parliament of Great-Britain shall, at or before the expiring of the said seven years, substitute any other fund, in place of the said two shillings, four pence of excise on the 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 [also] 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 levyed and secured in the same manner as the duties on foreign salt are to be levyed and secured in England. And that, after the said seven years, as long as the said duty of two shillings, four pence a bushel upon salt is continued in England, the said two shillings and four pence a bushel shall be payable for all salt made in Scotland and imported into England, to be levyed 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 lyable joyntly 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 payed. And for establishing an equality in trade, that all flesh exported from Scotland to England, and put on board in Scotland to be exported to parts beyond the seas, and provisions for ships in Scotland, and for foreign voyages, may be salted with Scots salt, paying the same duty for what salt is so imployed, 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 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 [also] 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 fish, ten shillings, five pence sterling for every barrel of white herrings, which shall be exported from Scotland; and that there shall be allowed five shillings sterling for every barrel of beef or pork, salted with foreign 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. That whensoever the sum of one million, nine hundred [and] ninety seven thousand, seven hundred and sixty three pounds, eight shillings and four pence [and] 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 fourty-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 10. That during the continuance of the respective duties on stampt paper, vellum and parchment by the several acts now in force in England, Scotland shall not be charged with the same respective duties.
Article 11. That during the continuance of the duties payable in England on windows and lights, which determine on the first day of August, one thousand, seven hundred and ten, Scotland shall not be charged with the same duties.
Article 12. That during the continuance of the duties payable in England on coals, culm and cinders, which determine 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 13. That during the continuance of the duty payable in England upon malt, which determines the twenty-fourth day of June, one thousand, seven hundred and seven, Scotland shall not be charged with that duty.
Article 14. 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 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 on malt during this present war; and seing it cannot be supposed that the parliament of Great Britain will ever lay any sort of burdens upon the United Kingdom but what they shall find of necessity at that time for the preservation and good of the whole, and with due regard to the circumstances and abilities of every part of the United Kingdom, therefore, it is agreed that there be no further exemption insisted upon for any part of the United Kingdom, but that the consideration of any exemptions, beyond what are already agreed on in this treaty, shall be left to the determination of the parliament of Great Britain.
Article 15. That 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 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, videlicet that, before the union of the said kingdoms, the sum of three hundred [and] ninety 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 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 [and] fourty 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 [and] fourty seven thousand, six hundred and two pounds per annum, which sum of three hundred [and] ninety 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 excisable 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 proportionable 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 effectuall 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 applyed for the term of seven years to the uses hereafter mentioned. And that upon the said account there shall be answered to Scotland annually from the end of seven years after the union, an equivalent, in proportion to such part of the said increase as shall be applicable to the debts of England; and generally, that an equivalent shall be answered to Scotland for such parts of the English debts as Scotland may hereafter become lyable to pay by reason of the union, other than such, for which appropriations have been made by parliament in England, of the customs or other duties on export and import, excises on all exciseable liquors, in respect of which debts equivalents are herein before provided. And as for the uses to which the said sum of three hundred [and] ninety eight thousand [and] eighty five pounds, ten shillings to be granted as aforesaid, and all other moneys which are to be answered or allowed to Scotland as aforesaid, are to be applied, it is agreed, that, in the first place, out of the aforesaid sum, what consideration shall be found necessary to be had for any losses which privat persons may sustain by reducing the coyn of Scotland to the standart and value of the coyn 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 five per centum 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 three hundred [and] ninety eight thousand [and] 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 payed in twelve months after the commencement of the union, that then the said company may from thence foreward trade or give licence to trade, until the said whole capital stock and interest shall be payed; and, as to the overplus of the said sum of three hundred [and] ninety eight thousand [and] eighty five pounds, ten shillings, after payment of what consideration shall be had for losses in repairing the coyn and paying the said capital stock and interest, and also the whole increase of the said revenues of customs duties and excises above the present value, which shall arise in Scotland during the said term of seven years, together with the equivalent which shall become due upon the improvement thereof in Scotland after the said term; and also as to all other sums, which, according to the agreements aforesaid, may become payable to Scotland by way of equivalent, for what that kingdom shall hereafter become lyable towards payment of the debt of England, it is agreed that the same be applyed in manner following, videlicet 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 applyed towards encouraging and promoting the manufacture of coarse wool, within those shires which produce the wool, and that the first two thousand pounds sterling be payed at Martinmass next, and so yearly at Martinmass during the space aforesaid; and afterwards, the same shall be wholly applyed towards the encouraging and promoting the fisheries and such other manufactures and improvements in Scotland, as may most conduce to the general good of the United Kingdom. And it is agreed that her majesty be impowered to appoint commissioners who shall be accountable to the parliament of Great Britain for disposing the said sum of three hundred [and] ninety eight thousand and eighty five pounds, ten shillings, and all other moneys 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 moneys 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 [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 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 16. That, from and after the union, the coyn shall be of the same standart 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. 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 18. That the laws concerning regulation of trade, customs and such excises, to which Scotland is, by virtue of this treaty, to be lyable, be the same in Scotland, from and after the union, as in England, and that all other laws, in use within the kingdom of Scotland, do after the union, and notwithstanding thereof, remain in the same force as before (except such as are contrary to or inconsistent with this treaty) but alterable by the parliament of Great Britain, with this difference betwixt the laws concerning publick right, policy and civil government, and those which concern private right: that the laws which concern publick right, policy and civil government 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 subject within Scotland.
Article 19. That the court of session or colledge of justice, do, after the union, and notwithstanding thereof, remain in all time coming within Scotland, as it is now constituted by the laws of that kingdom, and with the same authority and privileges as before the union, subject, nevertheless, to such regulations, for the better administration of justice, as shall be made by the parliament of Great Britain; and that, hereafter, none shall be named by her majesty or her royal successors to be ordinary lords of session, but such who have served in the colledge of justice as 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 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 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 maritim 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 alwise continued in Scotland a court of admiralty, such as in England, for determination of all maritim 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 heretable 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 heretable rights, to such regulations and alterations as shall be thought proper to be made by the parliament of Great Britain. And [also] 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 subordinat as they are now to the supream courts of justice within the same in all time coming. And [also] that no causes in Scotland be cognoscible 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 [furthermore] 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 [also] that after the union, the queen's majesty and her royal successors may continue a privy council in Scotland for preserving of publick peace and order, until the parliament of Great Britain shall think fit to alter it, or establish any other effectual method for that end.
Article 20. That all heretable offices, superiorities, heretable jurisdictions, offices for life and jurisdictions for life be reserved to the owners thereof, as rights of property, in the same manner as they are now enjoyed by the laws of Scotland, notwithstanding this treaty.
Article 21. That the rights and privileges of the royal burghs in Scotland, as they now are, do remain intire after the union, and notwithstanding thereof.
Article 22. 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 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, until 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 council 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 an act of this present session of the parliament of Scotland is or shall be settled; which act is hereby declared to be as valid as if it were a part of and ingrossed in this treaty; and that the names of the persons so summoned and elected shall be returned by the privy council of Scotland into the court from whence the said writ did issue; and that if her majesty, on or before the first day of May next, on which day the union is to take place, shall declare under the great-seal of England, that it is expedient that the lords of parliament of England and commons of the present parliament of England should be the members of the respective houses of the first parliament of Great Britain, for and on the part of England, then the said lords of parliament of England and commons of the present parliament of England, shall be the members of the respective houses of the first parliament of Great Britain, for and on the part of England; and her majesty may, by 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 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 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 the 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, intituled, an act for the abrogating of the oaths of supremacy and allegiance, and appointing other oaths; and make, subscribe and audibly repeat the declaration mentioned in an act of parliament made in England, in the thirtieth year of the reign of King Charles the second, intituled, 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 majesties' reign, intituled, an act to declare the alterations in the oath appointed to be taken by the act, intituled, an act for the further security of his 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 aforesaid acts, which were intended to signifie 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. That the aforesaid sixteen peers of Scotland, mentioned in the last preceding article, to sit in the house of lords of the parliament of Great Britain, shall have all 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 priviledges at such tryals, as any other peers of Great Britain. And that all peers of Scotland, and their sucessors 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. 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 sute 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 foreign princes and states, and all publick acts, instruments and orders of state which concern the whole United Kingdom, and in all other matters relating to England, as the great-seal of England is now used; and that a seal in Scotland, after the union, be always kept and made use of in all things relating to private rights or grants which have usually passed the great seal of Scotland, and which only concern offices, grants, commissions and private rights within that kingdom; and that, until such seal shall be appointed by her majesty, the present great seal of Scotland shall be used for such purposes; and that the privy seal, signet, casset, signet of the justiciary court, quarter seal and seals 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 crown, scepter and sword of state, the records of parliament, and all other records, rolls and registers whatsoever, both publick and private, general and particular, and 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 times coming, notwithstanding the union.
Article 25. 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. As by the said articles of union ratified and approved by the said act of parliament of Scotland, relation thereunto being had, may appear; and the tenor of the aforesaid act for securing the Protestant religion and presbyterian church government within the kingdom of Scotland, is as follows.
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; therefore, her majesty, with advice and consent of the said estates of parliament, doth hereby establish and confirm the said true Protestant religion and the worship, discipline and government of this church to continue, without any alteration to the people of this land in all succeeding generations; and more especially, her majesty, with advice and consent aforesaid, ratifies, approves and for ever confirms the fifth act of the first parliament of King William and Queen Mary, intituled, act ratifying the Confession of Faith, and settling presbyterian church government, with all other acts of parliament relating thereto, in prosecution of the declaration of the estates of this kingdom, containing the Claim of Right, bearing date the eleventh of April, one thousand, six hundred and eighty nine. And her majesty, with advice and consent aforesaid, expresly provides and declares that the foresaid true Protestant religion contained in the above-mentioned Confession of Faith, with the form and purity of worship presently in use within this church, and its presbyterian church government and discipline; that is to say, the government of the church by kirk sessions, presbyteries, provincial synods and general assemblies, all established by the foresaid acts of parliament, pursuant to the Claim of Right, shall remain and continue unalterable; and that the said presbyterian government shall be the only government of the church within the kingdom of Scotland. And further, for the greater security of the foresaid Protestant religion, and of the worship, discipline and government of this church, as above established, her majesty, with advice and consent foresaid, statutes and ordains that the universities and colledges of St 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, principals, regents, masters or others bearing office in any university, college 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 owne and acknowledge the civil government, in manner prescribed, or to be prescribed by the acts of parliament. As also, that, before, or at their admissions, they do and shall acknowledge and profess, and shall subscribe to the foresaid Confession of Faith, as the confession of their faith, and that they will practise and conform themselves to the worship presently in use in this church, and submit themselves to the government and discipline thereof, and never endeavour, directly or indirectly, the prejudice or subversion of the same; and that before the respective presbyteries of their bounds, by whatsoever gift, presentation or provision they may be thereto provided. And further, her majesty, with advice aforesaid, expresly declares and statutes, that none of the subjects of this kingdom shall be lyable to, but all and every one of them for ever free of, any oath, test or subscription within this kingdom, contrary to, or inconsistent with the foresaid true Protestant religion and presbyterian church government, worship and discipline, as above established; and that the same, within the bounds of this church and kingdom, shall never be imposed upon, or required of them in any sort. And lastly that, after the decease of her present majesty (whom God long preserve), the sovereign succeeding to her in the royal government of the kingdom of Great Britain, shall, in all time coming, at his or her accession to the crown, swear and subscribe that they shall inviolably maintain and preserve the foresaid settlement of the true Protestant religion, with the government, worship, discipline, right and priviledges of this church, as above established by the laws of this kingdom, in prosecution of the Claim of Right. And it is hereby statute and ordained that this act of parliament, with the establishment therein-contained, shall be held and observed in all times coming, as a fundamental and essentiall condition of any treaty or union to be concluded betwixt the two kingdoms, without any alteration thereof or derogation thereto, in any sort for ever. As also, that this act of parliament, and settlement therein 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 therein expressly declared to be a fundamental 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 aforesaid, statutes, enacts and ordains to be, and continue in all time coming. the sure and perpetual foundation of a compleat and intire union of the two kingdoms of Scotland and England, under the express condition and provision that this approbation and ratification of the foresaid articles and act shall be no ways binding on this kingdom, until the said articles and act be ratified, approved 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 majesty, 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 the 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 derogat 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.
And whereas an act hath passed in this present session of parliament, intituled, an act for securing the church of England, as by law established, the tenor whereof follows. Whereas, by an act made in the session of parliament, held in the third and fourth year of her majesties' reign, whereby her majesty was impowered to appoint commissioners under the great seal of England to treat with commissioners to be authorized by the parliament of Scotland, concerning an union of the kingdoms of England and Scotland, it is provided and enacted that the commissioners to be named, in pursuance of the said act, should not treat of or concerning any alteration of the liturgy, rites, ceremonies, discipline or government of the church, as by law established within this realm; and whereas certain commissioners appointed by her majesty, in pursuance of the said act, and also other commissioners nominated by her majesty by the authority of the parliament of Scotland, have met and agreed upon a treaty of union of the said kingdoms, which treaty is now under the consideration of this present parliament; and whereas the said treaty, with some alterations therein made, is ratified and approved by act of parliament in Scotland, and the said act of ratification is, by her majesties' royal command, laid before the parliament of this kingdom; and whereas, it is reasonable and necessary that the true Protestant religion, professed and established by law in the church of England, and the doctrine, worship, discipline and government thereof, should be effectually and unalterably secured, be it enacted by the queen's most excellent majesty, by and with the advice and consent of the lords spiritual and temporal, and the commons in this present parliament assembled, and by authority of the same, that an act made in the thirteenth year of the reign of Queen Elizabeth, of famous memory, intituled, an act for the ministers of the church to be of sound religion, and also, an other act made in the thirteenth year of the reign of the late King Charles the second, intituled, an act for the uniformity of publick prayers and administration of sacraments, and other rites and ceremonies, and for establishing the form of making, ordaining and consecrating bishops, priests and deacons in the church of England, (other than such clauses in the said acts, or either of them, as have been repealed or altered by any subsequent act, or acts of parliament), and all and singular other acts of parliament now in force for the establishment and preservation of the church of England, and the doctrine, worship, discipline and government thereof, shall remain and be in full force for ever; and be it further enacted by the authority aforesaid, that after the demise of her majesty (whom God long preserve), the soveraign next succeeding to her majesty in the royal government of the kingdom of Great Britain, and so for ever hereafter, every king or queen succeeding and coming to the royal government of the kingdom of Great Britain, at his or her coronation shall, in the presence of all persons who shall be attending, assisting or otherways then and there present, take and subscribe an oath to maintain and preserve inviolably the said settlement of the church of England, and the doctrine, worship, discipline and government thereof, as by law established within the kingdoms of England and Ireland, the dominion of Wales, and town of Berwick upon Tweed, and the territories thereunto belonging. And be it further enacted by the authority aforesaid, that this act, and all and every the matters and things therein contained, be, and shall for ever, be holden and adjudged to be a fundamental and essential part of any treaty of union to be concluded between the said two kingdoms; and also, that this act shall be inserted in express terms in any act of parliament which shall be made for settling and ratifying any such treaty of union, and shall be therein declared to be an essential and fundamental part thereof.
May it, therefore, please your most excellent majesty, that it may be enacted, and be it enacted by the queen's most excellent majesty, by and with the advice and consent of the lords spiritual and temporal, and commons in this present parliament assembled, and by authority of the same, that all and every the said articles of union, as ratifyed and approved by the said act of parliament of Scotland as aforesaid, and herein before particularly mentioned and inserted, and also the said act of parliament of Scotland, for establishing the Protestant religion and presbyterian church government within that kingdom, intituled, act for securing the Protestant religion and presbyterian church government, and every clause, matter and thing in the said articles, and act contained, shall be, and the said articles and act are hereby for ever ratifyed, approved and confirmed. And, it is hereby further enacted by the authority aforesaid, that the said act passed in this present session of parliament, intituled, an act for securing the church of England, as by law established, and all and every the matters and things therein-contained, and also, the said act of parliament of Scotland, intituled, act for securing the Protestant religion and presbyterian church government, with the establishment in the said act contained, be, and shall forever be held and adjudged to be, and observed as, fundamental and essential conditions of the said union, and shall, in all times coming, be taken to be, and are hereby declared to be, essential and fundamental parts of the said articles and union. And the said articles of union so as aforesaid ratifyed, approved and confirmed by act of parliament of Scotland, and by this present act, and the said act passed in this present session of parliament, intituled, an act for securing the church of England, as by law established, and also the said act passed in the parliament of Scotland, intituled, act for securing the Protestant religion and presbyterian church government, are hereby enacted and ordained to be and continue, in all times coming, the compleat and intire union of the two kingdoms of England and Scotland.
And whereas, since the passing the said act in the parliament of Scotland for ratifying the said articles of union, one other act, intituled, act settling the manner of electing the sixteen peers and fourty-five members to represent Scotland in the parliament of Great Britain, hath likewise passed in the said parliament of Scotland, at Edinburgh, the fifth day of February, one thousand, seven hundred and seven, the tenor whereof follows. Our soveraign lady, considering that by the twenty-second article of the treaty of union, as the same is ratified by an act passed in this session of parliament upon the sixteenth of January last, it is provided that by virtue of the said 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 the said sixteen peers and fourty-five members in the house of commons be named and chosen in such manner, as by a subsequent act in this present session of parliament in Scotland should be settled; which act is thereby declared to be as valid, as if it were a part of, and ingrossed in the said treaty; therefore, her majesty, with advice and consent of the estates of parliament, statutes, enacts and ordains, that the said sixteen peers who shall have right to sit in the house of peers in the parliament of Great Britain on the part of Scotland, by virtue of this treaty, shall be named by the said peers of Scotland whom they represent, their heirs or successors to their dignities and honours, out of their own number, and that by open election and plurality of voices of the peers present, and of the proxies for such as shall be absent, the said proxies being peers, and producing a mandat in writing duly signed before witnesses, and both the constituent and proxy being qualified according to law; declaring also, that such peers as are absent, being qualified as aforesaid, may send to all such meetings lists of the peers whom they judge fittest, validly signed by the said absent peers, which shall be reckoned in the same manner as if the parties had been present and given in the said list; and, in case of the death or legal incapacity of any of the said sixteen peers, that the aforesaid peers of Scotland shall nominat another of their own number in place of the said peer or peers in manner before and after-mentioned. And that of the said fourty-five representatives of Scotland in the house of commons in the parliament of Great Britain, thirty shall be chosen by the shires or stewartries, and fifteen by the royal burrows, as follows: videlicet one for every shire and stewartry, excepting the shires of Bute and Caithness, which shall choose one by turns, Bute having the first election; the shires of Nairn and Cromarty, which shall also choose by turns, Nairn having the first election; and in like manner, the shires of Clackmannan and Kinross, shall choose by turns, Clackmannan having the first election; and, in case of the death or legal incapacity of any of the said members from the respective shires or stewartries abovementioned, to sit in the house of commons, it is enacted and ordained that the shire or stewartry who elected the said member, shall elect another member in his place. And [also] that the said fifteen representatives for the royal burrows be chosen as follows: videlicet that the town of Edinburgh shall have right to elect and send one member to the parliament of Great Britain; and that each of the other burghs shall elect a commissioner in the same manner, as they are now in use to elect commissioners to the parliament of Scotland; which commissioners and burghs (Edinburgh excepted) being divided in fourteen classes or districts, shall meet at such time and burghs within their respective districts, as her majesty, her heirs or successors shall appoint, and elect one for each district, videlicet the burghs of Kirkwal, Week, Dornock, Dingwall and Tayne, one; the burghs of Fortrose, Inverness, Nairn and Forress, one; the burghs of Elgine, Cullen, Banff, Inverury and Kintore, one; the burghs of Aberdeen, Inverbervie, Montrose, Aberbrothock and Brichen, one; the burghs of Forfar, Perth, Dundee, Cowper and St Andrews, one; the burghs of Crail, Kilrennie, Anstruther Easter, Anstruther Wester and Pittenweem, one; the burghs of Dysart, Kirkaldie, Kinghorn and Bruntisland, one; the burghs of Innerkeithen, Dumfermline, Queensferry, Culross and Stirling, one; the burghs of Glasgow, Renfrew, Ruglen and Dumbarton, one; the burghs of Haddingtoun, Dumbar, Northberwick, Lawder and Jedburgh, one; the burghs of Selkirk, Peebles, Linlithgow and Lanerk, one; the burghs of Dumfries, Sanquhar, Annan, Lochmaben and Kirkcubright, one; the burghs of Wigtoun, Newgalloway, Stranrawer and Whitehern, one; and the burghs of Air, Irvine, Rothesay, Campbeltoun and Inverary, one. And it is hereby declared and ordained, that where the votes of the commissioners for the said burghs, met to choose representatives from their several districts to the parliament of Great Britain, shall be equal, in that case, the president of the meeting shall have a casting or decisive Vote, and that by and according to his vote as a commissioner from the burgh from which he is sent, the commissioner from the eldest burgh presiding in the first meeting, and the commissioners from the other burghs in their respective districts presiding afterwards by turns, in the order as the said burghs are now called in the rolls of the parliament of Scotland. And that, in case any of the said fifteen commissioners from burghs shall decease, or become legally incapable to sit in the house of commons, then the town of Edinburgh, or the district which chose the said member, shall elect a member in his or their place. It is always hereby expresly provided and declared, that none shall be capable to elect or be elected for any of the said estates, but such as are twenty one years of age compleat and Protestant, excluding all papists, or such who, being suspect of popery, and required, refuse to swear and subscribe the formula, contained in the third act made in the eighth and ninth sessions of King William's parliament, intituled, act for preventing the growth of popery; and also declaring, that none shall be capable to elect or be elected to represent a shire or burgh in the parliament of Great Britain for this part of the United Kingdom, except such as are now capable by the laws of this kingdom to elect or be elected as commissioners for shires or burghs to the parliament of Scotland. And further, her majesty, with advice and consent foresaid, for the effectual and orderly election of the persons to be chosen to sit, vote and serve in the respective houses of the parliament of Great Britain, when her majesty, her heirs and successors shall declare her, or their pleasure for holding the first or any subsequent parliament of Great Britain, and when, for that effect, a write shall be issued out under the great seal of the United Kingdom, directed to the privy council of Scotland, conform to the said twenty-second article, statutes, enacts and ordains that until the parliament of Great Britain shall make further provision therein, the said write shall contain a warrand and command to the said privy council to issue out a proclamation in her majesties' name, requiring the peers of Scotland for the time to meet and assemble at such time and place within Scotland as her majesty and royal successors shall think fit, to make election of the said sixteen peers; and requiring the lord clerk register, or two of the clerks of session, to attend all such meetings, and to administer the oaths that are or shall be by law required, and to ask the votes; and, having made up the lists in presence of the meeting, to return the names of the sixteen peers chosen, (certified under the subscription of the said lord clerk register, clerk or clerks of session attending) to the clerk of the privy council of Scotland. And, in like manner, requiring and ordaining the several free-holders in the respective shires and stewartries to meet and conveen at the head-burghs of their several shires and stewartries, to elect their commissioners, conform to the order above set down; and ordaining the clerks of the said meetings, immediately after the said elections are over respectively, to return the names of the persons elected to the clerks of the privy council. And lastly, ordaining the city of Edinburgh to elect their commissioner, and the other royal burghs to elect each of them a commissioner, as they have been in use to elect commissioners to the parliament, and to send the said respective commissioners, at such times, to such burghs within their respective districts, as her majesty and successors, by such proclamations, shall appoint; requiring and ordaining the common clerk of the respective burghs, where such elections shall be appointed to be made, to attend the said meetings, and immediately after the election to return the name of the persons so elected, (certifyed under his hand) to the clerk of privy council; to the end, that the names of the sixteen peers, thirty commissioners for shires, and fifteen commissioners for burghs, being so returned to the privy council, may be returned to the court from whence the write did issue under the great seal of the United Kingdom, conform to the said twenty-second article. And whereas by the said twenty-second article, it is agreed that if her majesty shall, on or before the first day of May next, declare, that it is expedient, the lords 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, they shall accordingly be the members of the said respective houses, for and on the part of England, her majesty, with advice and consent foresaid, in that case only, doth hereby statute and ordain that the sixteen peers and fourty-five commissioners for shires and burghs, who shall be chosen by the peers, barons and burghs respectively in this present session of parliament, and out of the members thereof, in the same manner as committees of parliament are usually now chosen, shall be the members of the respective houses of the said first parliament of Great Britain, for and on the part of Scotland; which nomination and election being certifyed by a write under the lord clerk register's hand, the persons so nominated and elected shall have right to sit and vote in the house of lords, and in the house of commons of the said first parliament of Great Britain.
As by the said act passed in Scotland for settling the manner of electing the sixteen peers and fourty-five members to represent Scotland in the parliament of Great Britain may appear, be it, therefore, further enacted and declared, by the authority aforesaid, that the said last mentioned act passed in Scotland for settling the manner of electing the sixteen peers and fourty-five members to represent Scotland in the parliament of Great Britain, as aforesaid, shall be, and the same is hereby declared to be, as valid as if the same had been part of and ingrossed in the said articles of union, ratified and approved by the said act of parliament of Scotland, and by this act as aforesaid.
Ego, Matheus Johnson, armiger, clericus parliamentorum, virtute brevis dicte domine regine de certiorando mihi directi et his annexi, certifico superius hoc scriptum verum esse tenorem actus parliamenti supradicti in eo brevi expressi. In cujus rei testimonium huic schedule sigillum meum apposui, nomenque meum subscripsi. Dat' septimo die Martii anno regni dicte domine regine quinto annoque Domini millesimo septingentesimo sexto. Math' Johnson'. Nos autem seperales tenores brevis, retorni et actus predictorum duximus exemplificandos per presentes. In cuius rei testimonium has literas nostras fieri fecimus patentes Teste meipsa apud Westmonaster' Septimo die Martii anno regni nostri quinto.
Wright.