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The estates of parliament, considering that articles of union of the kingdoms of Scotland and England were agreed on 22 July 1706 by the commissioners nominated on behalf of this kingdom, under her majesty's great seal of Scotland, bearing date 27 February last, passed 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 majesty's great seal of England, bearing date at Westminster, 10 April last, passed in pursuance of an act of parliament made in England the third year of her majesty's reign, to treat of and concerning a union of the said kingdoms, which articles were, in all humility, presented to her majesty upon 23 July, and were recommended to this parliament by her majesty's royal letter of the date 31 July 1706. And that the said estates of parliament have agreed to and approve of the said articles of union, with some additions and explanations as is contained in the articles hereafter inserted. And likewise, her majesty, with advice and consent of the estates of parliament, resolving to establish the Protestant religion and presbyterian church government within this kingdom, has passed in this session of parliament an act entitled, act for securing of the Protestant religion and presbyterian church government, which, by the tenor thereof, is appointed to be inserted in any act ratifying the treaty and expressly declared to be a fundamental and essential condition of the said treaty or union in all time coming. Therefore, her majesty, with advice and consent of the estates of parliament, in fortification of the approbation of the articles as above-mentioned, and for their further and better establishment of the same, upon full and mature deliberation upon the foresaid articles of union and act of parliament, does ratify, approve and confirm the same, with the additions and explanations contained in the said articles, in manner and under the provision after-mentioned, whereof the tenor follows.
1st Article. That the two kingdoms of Scotland and England shall, upon 1 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 conjoined in such manner as her majesty shall think fit, and used in all flags, 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 thereinto belonging, after her most sacred majesty, and in default of issue of her majesty, be, remain and continue to the most excellent Princess Sophia, electress and duchess dowager of Hanover, and the heirs of her body, being Protestants, upon whom the crown of England is settled by an act of parliament made in England in the twelfth year of the reign of his late majesty King William III entitled, an act for the further limitation of the crown and better securing the rights and liberties of the subject; and that all papists, and persons marrying papists, shall be excluded from and forever incapable to inherit, possess or enjoy the imperial crown of Great Britain and the dominions thereinto belonging, or any part thereof, and in every such case the crown and government shall from time to time descend to, and be enjoyed by such person, being a Protestant, as should have inherited and enjoyed the same, in case such papists, or person marrying a papist was naturally dead, according to the provision for the descent of the crown of England, made by another act of parliament in England in the first year of the reign of their late majesties King William and Queen Mary entitled, an act declaring the rights and liberties of the subject, and settling the succession of the crown.
3rd. That the United Kingdom of Great Britain be represented by one and the same parliament, to be styled 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 thereinto 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 expressly agreed in these articles.
5th. That all ships or vessels belonging to her majesty's subjects of Scotland, at the time of ratifying the treaty of union of the two kingdoms in the parliament of Scotland, though foreign built, be deemed and pass as ships of the build of Great Britain, the owner, or where there are more owners one or more of the owners, within twelve months after 1 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 does then at the time of the said deposition wholly belong to him or them, and that no foreigner, directly or indirectly, has any share, part or interest therein. Which oath shall be made before the chief officer or officers of the customs in the port next to the abode of the said owner or owners, and the said officer or officers shall be empowered to administer the said oath, and the oath, being so administered, shall be attested by the officer or officers who administered the same and, being registered by the said officer or officers, shall be delivered to the master of the ship for security of her navigation, and a duplicate thereof shall be transmitted by the said officer or officers to the chief officer or officers of the customs in the port of Edinburgh, to be there entered in a register, and from thence to be sent to the port of London, to be there entered in the general register of all trading ships belonging to Great Britain.
6th. That all parts of the United Kingdom, forever 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 liable to the same customs and duties on import and export, and that the allowances, encouragements and drawbacks, prohibitions, restrictions and regulations of trade and the customs and duties on import and export settled in England when the union commences shall, from and after the union, take place throughout the whole United Kingdom, excepting and reserving the duties upon export and import of such particular commodities from which any persons the subjects of either kingdom are specially liberated and exempt by their private rights which, after the union, are to remain safe and entire to them in all respects as before the same; and that from and after the union no Scots cattle carried into England shall be liable to any other duties, either on the public or private accounts, than these duties to which the cattle of England are or shall be liable within the said kingdom. And seeing by the laws of England there are rewards granted upon the exportation of certain kinds of grain wherein oats ground or unground are not expressed, that, from and after the union, when oats shall be sold at 15s sterling per quarter or under, there shall be paid 2s 6d sterling for every quarter of the oatmeal exported in the terms of the law, whereby and so long as rewards are granted for exportation of other grains, and that the bear of Scotland have the same rewards as barley. And in respect the importation of victual into Scotland from any place beyond sea would prove a discouragement to tillage, therefore, that the prohibition as now in force by the law of Scotland against importation of victual from Ireland or any other place beyond sea into Scotland do, after the union, remain in the same force as now it is, until more proper and effectual ways be provided by the parliament of Great Britain for discouraging the importation of the said victual from beyond sea.
7th. That all parts of the United Kingdom be, forever, from and after the union, liable to the same excises upon all excisable liquors, excepting only that the thirty four gallons English barrel of beer or ale, amounting to twelve gallons Scots present measure sold in Scotland by the brewer at 9s 6d sterling excluding all duties, and retailed including duties and the retailer's profit at 2d the Scots pint, or eight part of the Scots gallon, be not, after the union, liable on account of the present excise upon excisable liquors in England to any higher imposition than 2s 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.
8th. 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 on the merchant importers, that, therefore, all foreign salt imported into Scotland shall be cellared and locked up under the custody of the merchant importer, and the officers employed for levying the duties upon salt, and that the merchant may have what quantities thereof his occasion may require not under a weigh or forty 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 exempt from paying in Scotland for salt made there the duty or excise now payable for salt made in England; but, from the expiration of the said seven years, shall be subject and liable to the same duties 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 proportional drawbacks and allowances as in England; with this exception, that Scotland shall, after the said seven years, remain exempt from the duty of 2s 4d a bushel on home salt imposed by an act made in England in the ninth and tenth of King William III of England. And if the parliament of Great Britain shall, at or before the expiring of the said seven years, substitute any other fund in place of the said 2s 4d of excise on the bushel of home salt, Scotland shall, after the said seven years, bear a proportion of the said fund and have an equivalent in the terms of this treaty, and that during the said seven years there shall be paid in England for all salt made in Scotland and imported from thence into England the same duties upon the importation as shall be payable for salt made in England, to be levied and secured in the same manner as the duties on foreign salt are to be levied and secured in England. And that after the said seven years, how long the said duty of 2s 4d a bushel upon salt is continued in England, the said 2s 4d a bushel shall be payable for all salt made in Scotland and imported into England, to be levied and secured in the same manner; and that during the continuance of the duty of 2s 4d a bushel upon salt made in England, no salt whatsoever be brought from Scotland to England by land in any manner, under the penalty of forfeiting the salt and the cattle and carriages made use of in bringing the same, and paying 20s for every bushel of such salt, and proportionably for a greater or lesser quantity, for which the carrier as well as the owner shall be liable, jointly and separately, and the persons bringing or carrying the same to be imprisoned by any one justice of the peace, by the space of six months without bail, and until the penalty be paid; and for establishing an equality in trade, that all butcher-meat 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 employed as the like quantity of such salt pays in England, and under the same penalties, forfeitures and provisions for preventing of frauds as are mentioned in the laws of England. And that, from and after the union, the laws and acts of parliament in Scotland for pining, curing and packing of herrings, white fish and salmon for exportation with foreign salt only without any mixture of British or Irish salt, and for preventing of frauds in curing and packing of fish, be continued in force in Scotland, subject to such alterations as shall be made by the parliament of Great Britain, and that all fish exported from Scotland to parts beyond the seas which shall be cured with foreign salt only and without mixture of British or Irish salt, shall have the same eases, premiums and 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 paid to the subjects inhabitants of Great Britain, during the present allowances for other fishes, 10s 5d sterling for every barrel of white herrings which shall be exported from Scotland, and that there shall be allowed 5s sterling for every barrel of beef 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.
9th. That whenever the sum of £1,997,763 8s 4½d 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 £48,000, free of all charges, as the quota of Scotland to such tax, and so proportionally 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.
10th. That during the continuance of the respective duties on stamped paper, vellum and parchment, by the several 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 1 August 1710, Scotland shall not be charged with the same duties.
12th. That during the continuance of the duties payable in England on coals, culm and cinders, which determines 30 September 1710, Scotland shall not be charged therewith for coals, culm and cinders consumed there, but shall be charged with the same duties as in England for all coal, culm and cinders not consumed in Scotland.
13th. That during the continuance of the duty payable in England on malt, which determines 24 June 1707, 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 public charge and service of that kingdom for the year 1707; provided, nevertheless, that if the parliament of England shall think fit to lay any further impositions by way of customs, or such excises, with which, by virtue of this treaty, Scotland is to be charged equally with England, in such case Scotland shall be liable to the same customs and excises, and have an equivalent to be settled by the parliament of Great Britain, with this further provision, that any malt to be made and consumed in that part of the United Kingdom now called Scotland shall not be charged with any imposition upon malt during this present war. And seeing it cannot be supposed that the parliament of Great Britain will ever lay any sorts 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.
15th. Whereas, by the terms of this treaty, the subjects of Scotland, for preserving an equality of trade throughout the United Kingdom, will be liable to several customs and excises now payable in England, which will be applicable towards payment of the debts of England contracted before the union, it is agreed that Scotland shall have an equivalent for what the subjects thereof shall be so charged towards payment of the said debts of England, in all particulars whatsoever, in manner following. That before the union of the said kingdoms, the sum of £398,085 10s be granted to her majesty by the parliament of England, for the uses after-mentioned, being the equivalent to be answered to Scotland for such parts of the said customs and excises upon all excisable liquors, with which that kingdom is to be charged upon the union, as will be applicable to the payment of the said debts of England, according to the proportions which the present customs in Scotland, being £30,000 per annum, do bear to the customs in England, computed at £1,341,559 per annum; and which the present excises on excisable liquors in Scotland, being £33,500 per annum, do bear to the excises on excisable liquors in England, computed at £947,602 per annum; which sum of £398,085 10s shall be due and payable from the time of the union. And in regard that after the union, Scotland becoming liable to the same customs and duties payable on import and export, and to the same excises on all 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 effectual answering the several ends hereafter mentioned, it is agreed that, from and after the union, the whole increase of the revenues of customs and duties on import and export, and excise upon excisable liquors in Scotland, over and above the annual produce of the said respective duties, as above stated, shall go and be applied for the term of seven years, to the uses hereafter mentioned; and that upon the said account, there shall be answered to Scotland annually from the end of seven years after the union, an equivalent in proportion to such part of the said increase as shall be applicable to the debts of England, and generally that an equivalent shall be answered to Scotland for such parts of the English debts as Scotland may hereafter become liable to pay by reason of the union, other than such for which appropriations have been made by parliament in England of the customs or other duties on export and import, excises on all excisable liquors, in respect of which debts, equivalents are herein before provided. And as for the uses to which the said sum of £398,085 10s to be granted as aforesaid, and all other monies which are to be answered or allowed to Scotland, as said is, are to be applied, it is agreed that in the first place, out of the foresaid sum, what consideration shall be found necessary to be had for any losses which private persons may sustain by reducing the coin of Scotland to the standard and value of the coin of England may be made good; in the next place that the capital stock or fund of the African and Indian Company of Scotland, advanced together with the interest for the said capital stock after the rate of five per cent per annum from the respective times of the payment thereof, shall be paid, upon payment of which capital stock and interest it is agreed the said company be dissolved and cease, and also, that from the time of passing the act of parliament in England for raising the said sum of £398,085 10s, the said company shall neither trade nor grant licence to trade, providing that if the said stock and interest shall not be paid in twelve months after the commencement of the union that then the said company may from thence forward trade or give licence to trade until the said whole capital stock and interest shall be paid. And as to the surplus of the said sum of £398,085 10s, after payment of what consideration shall be had for losses in repairing the coin and paying the said capital stock and interest, and also the 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 liable towards payment of the debt of England, it is agreed that the same be applied in manner following, namely: That all the public debts of the kingdom of Scotland as shall be adjusted by this present parliament shall be paid and that £2,000 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 £2,000 sterling be paid at Martinmas [11 November] next, and so yearly at Martinmas 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 be most conducive to the general good of the United Kingdom. And it is agreed that her majesty be empowered to appoint commissioners, who shall be accountable to the parliament of Great Britain, for disposing the said sum of £398,085 10s, and all other monies which shall arise to Scotland, upon the agreements aforesaid to the purposes before mentioned, which commissioners shall be empowered to call for, receive and dispose of the said monies in manner aforesaid, and to inspect the books of the several collectors of the said revenues, and of all other duties from whence an equivalent may arise; and that the collectors and managers of the said revenues and duties be obliged to give to the said commissioners subscribed and authentic abbreviates of the produce of such revenues and duties arising in their respective districts, and that the said commissioners shall have their office within the limits of Scotland, and shall in such office keep books containing accounts of the amount of the equivalents, and how the same shall have been disposed of from time to time, which may be inspected by any of the subjects who shall desire the same.
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 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.
18th. That the laws concerning regulation of trade, customs and such excises, to which Scotland is, by virtue of this treaty, to be liable, be the same in Scotland, from and after the union, as in England; and that all other laws in use within the kingdom of Scotland do, after the union, and notwithstanding thereof, remain in the same force as before (except such as are contrary to or inconsistent with this treaty) but alterable by the parliament of Great Britain, with this difference between the laws concerning public right, policy and civil government, and those which concern private right: that the laws which concern public right, policy and civil government may be made the same throughout the whole United Kingdom, but that no alteration be made in laws which concern private right, except for evident utility of the subjects within Scotland.
19th. That the court of session or college of justice do, after the union and notwithstanding thereof, remain in all time coming within Scotland, as it is now, constituted by the laws of that kingdom, and with the same authority and privileges as before the union, subject, nevertheless, to such regulations for the better administration of justice as shall be made by the parliament of Great Britain; and that, hereafter, none shall be named by her majesty or her royal successors to be ordinary lords of session, but such who have served in the college of justice as advocates, or principal clerks of session for the space of five years, or as writers to the signet for the space of ten years, with this provision, that no writer to the signet be capable to be admitted a lord of the session unless he undergo a private and public trial on the civil law before the faculty of advocates, and be found by them qualified for the said office two years before 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 privileges 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 maritime cases, competent to the jurisdiction of that court, remain in the same manner after the union as now in Scotland, until the parliament of Great Britain shall make such regulations and alterations as shall be judged expedient for the whole United Kingdom, so as there be always continued in Scotland a court of admiralty such as in England, for determination of all maritime cases relating to private rights in Scotland, competent to the jurisdiction of the admiralty court, subject, nevertheless, to such regulations and alterations as shall be thought proper to be made by the parliament of Great Britain; and that the heritable rights of admiralty and vice-admiralties in Scotland be reserved to the respective proprietors as rights of property, subject, nevertheless, as to the manner of exercising such heritable rights, to such regulations and alterations as shall be thought proper to be made by the parliament of Great Britain; and that all other courts now in being within the kingdom of Scotland do remain, but subject to alterations by the parliament of Great Britain; and that all inferior courts, within the said limits, do remain subordinate, as they are now, to the supreme courts of justice within the same in all time coming; and that no causes in Scotland be 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 judge, 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 have; and that the court of exchequer that now is in Scotland do remain until a new court of exchequer be settled by the parliament of Great Britain in Scotland after the union; and that after the union the queen's majesty and her royal successors may continue a privy council in Scotland, for preserving of public peace and order, until the parliament of Great Britain shall think fit to alter it, or establish any other effectual method for that end.
20th. That all heritable offices, superiorities, heritable jurisdictions, offices for life and jurisdictions for life, be reserved to the owners thereof as rights of property, in the same manner as they are now enjoyed by the laws of Scotland, notwithstanding of this treaty.
21st. That the rights and privileges of the royal burghs in Scotland, as they now are, do remain entire after the union, and notwithstanding thereof.
22nd. 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 forty-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 writ do issue under the great seal of the United Kingdom, directed to the privy council of Scotland, commanding them to cause sixteen peers, who are to sit in the house of lords, to be summoned to parliament, and forty-five members to be elected to sit in the house of commons 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 settled, which act is hereby declared to be as valid as if it were a part of and engrossed in this treaty; and that the names of the persons so summoned and elected shall be returned by the privy council of Scotland into the court from whence the said writ did issue, and that if her majesty, on or before 1 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 forty-five members, by whom Scotland is to be represented in the parliament of Great Britain. And the lords of parliament of England, and the sixteen peers of Scotland, such sixteen peers being summoned and returned in the manner agreed in this treaty, and the members of the house of commons of the said parliament of England, and the forty-five members for Scotland, such forty-five members being elected and returned in the manner agreed in this treaty, shall assemble and meet respectively in their respective houses of the parliament of Great Britain, at such time and place as shall be so appointed by her majesty, and shall be the 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 otherwise direct, shall take the respective oaths appointed to be taken instead 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 entitled, an act for the abrogating of the oaths of supremacy and allegiance, and appointing other oaths, and make, subscribe and audibly repeat the declaration mentioned in an act of parliament made in England in the thirtieth year of the reign of King Charles II entitled, an act for the more effectual preserving the king's person and government by disabling papists from sitting in either house of parliament, and shall take and subscribe the oath mentioned in an act of parliament made in England, in the first year of her majesty's reign entitled, an act to declare the alterations in the oath appointed to be taken by the act entitled, an act for the further security of his majesty's person, and the succession of the crown in the Protestant line, and for extinguishing the hopes of the pretended prince of Wales, and all other pretenders and their open and secret abettors, and for declaring the association, to be determined at such time and in such manner as the members of both houses of parliament of England are, by the said respective acts, directed to take, make and subscribe the same, upon the penalties and disabilities in the said respective acts contained. And it is declared and agreed that these words 'this realm, the crown of this realm, and the queen of this realm', mentioned in the oaths and declaration contained in the aforesaid acts, which were intended to signify the crown and realm of England, shall be understood of the crown and realm of Great Britain, and that in that sense the said oaths and declaration be taken and subscribed by the members of both houses of the parliament of Great Britain.
23rd. That the foresaid 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 privileges 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 trials of peers; and in case of the trial of any peer in time of adjournment or prorogation of parliament, the said sixteen peers shall be summoned in the same manner, and have the same powers and privileges at such trial, as any other peers of Great Britain; and that in case any trials of peers shall hereafter happen when there is no parliament in being, the sixteen peers of Scotland who sat in the last preceding parliament shall be summoned in the same manner, and have the same powers and privileges at such trials as any other peers of Great Britain; and that all peers of Scotland, and their successors to their honours and dignities, shall, from and after the union, be peers of Great Britain, and have rank and precedency next and immediately after the peers of the like orders and degrees in England at the time of the union, and before all peers of Great Britain of the like orders and degrees, who may be created after the union, and shall be tried as peers of Great Britain, and shall enjoy all privileges of peers, as fully as the peers of England do now, or as they, or any other peers of Great Britain may hereafter enjoy the same, except the right and privilege of sitting in the house of lords and the privileges depending thereon, and particularly the right of sitting upon the trials 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 meantime 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 public acts, instruments and orders of state which concern the whole United Kingdom, and in all other matters relating to England, as the great seal of England is now used; and that a seal in Scotland, after the union, be always kept and made use of in all things relating to private rights or grants, which have usually passed the great seal of Scotland, and which only concern offices, grants, commissions and private rights within that kingdom, and that until such seal shall be appointed by her majesty, the present great seal of Scotland shall be used for such purposes; and that the privy seal, signet, casset,† signet of the justiciary court, quarter seal, and seals of courts now used in Scotland, be continued, but that the said seals be altered and adapted to the state of the union as her majesty shall think fit; and the said seals, and all of them, and the keepers of them, shall be subject to such regulations as the parliament of Great Britain shall hereafter make. And that the crown, sceptre and sword of state, the records of parliament and all other records, rolls and registers whatsoever, both public and private, general and particular and warrants thereof, continue to be kept, as they are, within that part of the United Kingdom now called Scotland, and that they shall so remain in all time coming notwithstanding of the union.
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 foresaid 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 a 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, does 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 foresaid, ratifies, approves and forever confirms the fifth act of the first parliament of King William and Queen Mary entitled, act ratifying the Confession of Faith and settling presbyterian church government, with the whole other acts of parliament relating thereto, in prosecution of the declaration of the estates of this kingdom containing the Claim of Right, bearing date 11 April 1689. And her majesty, with advice and consent foresaid, expressly 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 colleges of St Andrews, Glasgow, Aberdeen and Edinburgh, as now established by law, shall continue within this kingdom forever, 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 own 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 foresaid, expressly declares and statutes that none of the subjects of this kingdom shall be liable to, but all and every one of them forever 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 privileges 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 time coming as a fundamental and essential condition of any treaty or union to be concluded betwixt the two kingdoms, without any alteration thereof or derogation thereto in any sort forever. As also, that this act of parliament and settlement therein contained shall be inserted and repeated in any act of parliament that shall pass for agreeing and concluding the foresaid treaty or union between the two kingdoms, and that the same shall be therein expressly declared to be a fundamental and essential condition of the said treaty or union in all time coming.
Which articles of union and act immediately above-written, her majesty, with advice and consent foresaid, statutes, enacts and ordains to be and continue in all time coming the sure and perpetual foundation of a complete and entire union of the two kingdoms of Scotland and England under this express condition and provision, that the approbation and ratification of the foresaid articles and act shall be in no way 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 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 inserted in favour of the subjects of Scotland to and in favour 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.