Thir actis following concludit and endit in the parliament haldin at Edinburgh the said ellevint day of August 1607

Act anent the unioun of Scotland and England

1. Where as the estaitis of this kingdome, upoun the naturall love and reverence they have evir professed and borne to thair princes (acknowledgeing the same to be in sua far the mair justlie dew to thair present maist gratious soverane, as baith his hienes wisdome, rain, vertewis and qualiteis surpassis all other princes, and thair prosperitie, wealth and quietnes hes under his hienes happie governament and reigne gone, alsweill in all heavinlie as in all worldlie honouris and blessingis, above all felicitie of ony preceding age or bigane memorie) wes movit in the parliament haldin at Perth, the [...] day of [...] 1604, to direct a number of commissioneris of all estaittis to treat with the commissioneris of the parliament and estait of England for the unioun of the twa antient and famous kingdomes, Scotland and England, according to his sacred majesteis maist worthie and glorious desseynge, and to establishe and secure this monarchie in all perpetuitie to his hienes successioun and posteritie as a crowne, perfectioun and full accompleishment of all wordlie happines may be pretendit to or wisched. The saidis commissioneris, haveing exhibitit to the estaittis of this realme presentlie conveynit in this parliament the haill treatie and all that wes condiscendit on betuix thame and the comissionaris for the parliament of England, contening certane articlis and propositiounes mutually accordit and aggreit on be the commissionaris of baith the realmes as equitable and worthie to be proponit to the nixt sessioun of parliament of baith the realmes, to be considerit and to ressave sic strenth and approbatioun as to thair great wisdome suld appeir convenient, as the said treatie presented sealled and subscryved be all the commissionaris of baith the kingdomes present for the tyme, off the date at Westminster, the sext day of December, in the yeir of God jM vjC and four yeiris, at mair lenth proportis; the saidis estaittis of this kingdome presentlie convenit, being ryplie advysit thairwith and in full resolutioun to geif all possible prooffes of thair devotioun to accompleishe all his sacred majesteis royall desinges and projectis, and in quietnes to secure be all possible meanis to his posteritie this florischeing worthie and great empyre, and thairfoir to advance sua far as possiblie they may this happie unioun alreadie begun in his sacred majesteis royall persone, findand and judgeing that thair foirsaidis commissionaris in all thair procedingis hes worthelie, honorably and faithfullie behaved thame selffis in the discharge of that credit and trust wes committit to thame be the estaittis of this kingdome, hes thairfoir statute and ordanit, lyk as heirby statutis and ordanis under the express provisioun, clause and conditioun specefeit and expressit at the end of this present act and na utherwayes, that all the particular hostile lawes heireftir enumerat and all utheris of the samyne nature now omittit, and quhilkis have bene maid and consaveit be name be Scotland aganis England as enemeis sall be abrogat and in all tyme cumming alluterlie extinguished, off the quhilkis particular lawes the severall titillis followis:

It is also statute and ordanit that all lawes, customes and treateis of bordouris betuix Scotland and England sall be in all tyme cumming abrogat and abolishit, and that the subjectis of Scotland inhabiting the boundis of the lait wardanreis sall be governit be the commoun lawes and statutis of this kingdome, and that the name of bordouris sall be extinguished in all tyme cumming. And the saidis estaittis, considering that the persute of actiounes and executioun of decreittis proceding of crymes, offenses and transgressiounis committit be subjectis of ather of the saidis realmes aganis the subjectis of the uther befoir his majesteis happie succeding to the crowne of England wald indoubtitlie renew and foster mair grudge and mutuall hattrent in the heartis of pairteis nor procure ony convenient restitutioun or satisfactioun to pairteis interessit, it is statute and ordanit that na subject of Scotland or England sall be persewit, chairged, summoned, arrestit, takin, tryit, convictit or onywayes trublit or punished in his bodie, landis or gudis for ony crymes, injureis or offensis committed be thame befoir the beginning of his majesteis happie regne of England, or quhairof they or ony of thame wer airt or pairt, or onywayes giltie, whereof the tryell, cognitioun and judgement wes competent to the wardanes of the merches befoir thair suppressing, or to the commissionaris of baith the princes in bordour causes; and that all utheris who wer pledges, cautionaris or full debtouris for or with the saidis principall pairteis, and all utheris onywayes guiltie or subject be law to punishment, imprisonment, restitutioun, payment or redress quhatsumevir for ony sic crymes, offenses, injureis or ony thing proceding or depending thairone, sall be discharged thairof, and of all bandis, promesis, aithis, cautionaris, sentences, actis, panis, perrell, trubill, danger, actioun and executioun quhatsumevir, quhilk onywayis micht have followit thairupoun and ar, and sall be, frie, quit, remitted and pardoned of the samin, and of all that onywayes principallie or incidentlie, directlie or indirectlie, may resulte or ensew thairupoun for now and for evir. And seing the abolisheing of the memorie of bordouris and bordour lawes wheirby the offenses committed be subjectis of the ane realme within the uther have heirtofoir bene determined inferris ane necessitie to appoint some uther gude and wyse ordour wheirby the committing of sic crymes and offenses may ather be prevented or the malefactouris punisched eftir so just and equitable maner as may give equall cause of contentment to the subjectis of both the kingdomes haveing ony interesse in persute or defense of ony criminall actionis, quhilk can not gudlie be unless the justice of both the realmes in sic causes be uniforme, and na materiall difference be in the substance or ordour of thair judicatouris in actionis of that kynd; thairfoir, it is statute and ordanit that all crymes and offenses committed within the realme of England sen the beginning of his majesteis happie regne thairof, or heireftir to be committed be ony of his majesties subjectis of Scotland returning within the same, sall be tryed and judged in his majesteis justice airis of the schirefdoms of Berwick, Roxburgh, Selkirk, Peblis and Drumfreis befoir his majesteis justice generall and his deputtis, naturall borne subjectis of the realme of Scotland onlie and na utheris, and be honest and lauchfull assyssouris of the said [...], haveing at leist ane hundreth merkis Scottis of yeirlie rent, to be summond, sworne and admitted be the said justice, to quhome the defender sall have power to present sic witneses as upoun thair aithis sall be maist hable to informe the saidis assyssouris of his innocencie of the crymes wheirof he is accused. It is alsua ordanit that everie justice or justice depute to whome ony sic complaint sall be maid sall have power to tak the persewar and the witneses quhome he sall desyre to use (the saidis witneses haveing thair expenses first modefeit be the justice and payit be the persewar to thame) bundin under sic pecuniall panis to his majesteis use as he sall think convenient to prescryve, that they sall prosecute and gif sic informatioun to the justice and assyse in that actioun as the mater sall require; wheirin gif they or ony of thame failyie, the samin penaltie to be exacted be his majesteis thesaurar of him or thame quha sall incurre the same. And albeit the principall offendar be not apprehendit nor tryed, it sall nevertheless be lauchfull to convein, persew, trye, judge and punische sic as ar airt, pairt, red or counsaill of the saidis offenses or wilfull ressaitteris of the saidis malefactouris als readelie as gif the saidis principall offendaris had formerlie ressaved thair definite tryell; in quhilkis caises it sall onlie be lauchfull to the defendar to reject fyve of the saidis assyssouris upoun his suspitioun of thair partialitie, ane or ma, unless he allege and verefie sufficient and lauchfull causes of declynyng of the rest, exceding the said number of fyve. Be it alwayes provydit that na subject of the kingdome of Scotland sall for ony cryme committed in England be him or wherof he is airt or pairt, losse or amitt ony of his landis, heretages, fewes, reversiounes, heretable landis, richtis or utheris securiteis of landis or teyndis wheirof thair sall be ony termes to ryn eftir his deceis, bot that the samin sall appertene to his airis or successouris as the samin wald have done in cais of his deceis at the kingis faith and peax, notwithstanding wheirof all suche offendouris sall losse and foirfault to his majestie thair insicht, plenescheing, cornis, cattell, debtis and utheris moveable whatsumevir, but prejudice to thair wiffis of thair dowar and thrid. And to the effect that sic of his majesteis subjectis of England as haveing ressavit injurie in England be ony of the subjectis of Scotland quha ar returnit within the kingdome thairof, may with mair favour and expeditioun have reparatioun be justice, it is ordanit that during the tyme of the going, returning or necessar remaning of the saidis pairteis and witneses within the said kingdome of Scotland for the prosequutioun of the saidis actiounes, they sall saiflie injoy immunitie frome ony arresting and imprisoning for all causes criminall (except treassoun and wilfull slauchter) committit befoir thair said commyng in Scotland for the intent foirsaid; and gif ony subject of England being persewit for ony criminall causes in England sall thaireftir of new be persewit in Scotland for that samyn cryme, and allege for his defense his former tryell and clengeing in England, the justice sall not procede ony forder in that mater whill he have sufficientlie informit him self of the veritie of the said defense; and finding the samyn trew, that he furthwith discharge the defender of all forder process and trubill for that fact. And albeit thair be nathing mair hairtlie desyrit be all faithfull subjectis of this kingdome nor that the unioun of this haill ile happelie begun in his majesteis sacred persone, and greatlie advanced be the prudent, cairfull, fatherlie and incessant panis tane be his majestie thairanent, may be brocht to ane full, perfyte and absolute accomplishment, wheirin for the equall gude of baith the realmes and satisfie of his majestie, to whois justice, favour and benignitie the saidis estaittis acknowlege thame selffis mair infinitlie bound nor ony people in earth ar to thair king, as they have ever bene and sall alwayes continew willing and readie to gif that faithfull concurrence and help that becummis thame, yit whill it pleasit God to bless this ile with the felicitie of ane perfyte unioun, it is statute that na Scottishman sall for ony treassoun or other cryme whatsoevir committit within England be send out of Scotland to England, to be tryit or judgeit thair, bot sall ressave his tryell and judgement in his native countrey according to the lawes and ordour thairof; and to the effect the assyssouris to be sworne in these causes may the mair faithfullie and justlie procede to thair determinatiounes, it sall be lauchfull to thame to elect and ressave upoun thair aithis and consciences sik sworne witneses presented to thame, ather for the persewar or defender, as sall seme to the maist pairt of thair number unsuspect, faithfull and best acquettit with the treuth of the mater, reserveand alwayes to the lordis of parliament thair tryell be thair peiris as heirtofoir in the lyk caises hes bene used. And albeit the ordour be this act prescryvit in the premises approches maist neirlie to equalitie and indifferencie, haveing respect to the estait of both the kingdomes, yit whensoevir it sall pleis his majestie and estaittis of the parliament of Scotland and England to appoint commissionaris for taking of ane mair perfyte and constant ordour for mair summer administratioun of justice to all the subjectis of both the kingdomes, the saidis estaittis sall omitt na thing upoun thair pairtis tending to the finall perfectioun of the said unioun, quhilk thair duetie to thair most gratious prince, luf of thair countrey and affectioun to thair nichbour can require. And forther, the estaittis of Scotland, answerand to that article of the foirsaid treatie tuicheing the communioun and participatioun of mutuall commoditeis and commerce: first, concerning the importatioun of merchandice in Scotland frome forene pairtis, that where as certane commoditeis ar wholie prohibitit by the lawes of Scotland to be brocht in the samyn kingdome frome ony forane pairtis by the native subjectis of Scotland thame selffis or be ony uther, the saidis estaittis stattutis and ordanis that na Englishman may bring into Scotland ony of the saidis prohibitit waris or commoditeis, and yit nevirtheless gif the saidis commoditeis be maid in England, it sall be lauchfull to Englishmen to bring thame furth of England into Scotland as na forane commoditeis. And as for the commoditeis and merchandice not prohibitit by law to be brocht into Scotland, and specialie concernyng the trade of wynes or uther commoditeis frome Burdeaulx, the saidis estaittis of Scotland findis and declairis that the Englishmen sall be frie for transportatioun of wyne and utheris commoditeis frome Burdeaulx into Scotland according to the determinatioun of the commissionaris of both kingdomes contenit in the said treatie, payand the samyn customes and dueteis that the Scottismen payis in Scotland, bot whair as for cleiring and resolving of that doubt mentionat in the said article tuicheing the advantage that the Scottishmen ar supposit to have abone the Englishmen in buying and transporting the commoditeis of Normandie and of utheris pairtis of the kingdome of France, except the buying of wynes and traffiqe in Burdeaulx as said is, commissioun wes appointit to be grantit to four meitt and discreitt persones to pas into France, twa for ilk syd, thair to tak perfyte notice of ony suche advantage as ather the Scottishemen have abone the English, or the English abone the Scottish, in the buying and transporting of ony commoditeis of Normandie, or of ony pairt of France. And understanding that Thomas Fischer and Williame Speir, mercheandis of Edinburgh, for the realme of Scotland, and Robert Bell and Williame Williamsoun, merchandis of Londoun, for the realme of England, wer directit be ather realme unto France conforme to the effect contenit in the said commissioun, and they, haveing returnit frome France and delyverit to the lord chancellar of Scotland thair procedingis in the said mater, and the samin commissioun and reporte being red and ryplie advisit upoun be the saidis estaittis of Scotland eftir that they had conferrit the foirsaid reporte with the said article of treatie anent the importatioun of merchandice foirsaidis in ather kingdome, the saidis estaittis of parliament of Scotland findis inrespect of the foirsaid reporte that the advantage of privilege or of immuniteis or in impostis and payment that apperteneth or may appertene to the subjectis of ather kingdome abone utheris in Normandie or in ony pairtis of France, ar and is of so small difference as aucht nawayes justlie hinder the communicatioun and trade; and, thairfoir, the estaittis of the parliament of Scotland findis and declairis that the Englishmen sall be als frie for the transporting of all sortis of merchandice and commoditeis frome Normandie and all utheris pairtis of France, and with the samin libertie of importatioun quhilk the native borne subjectis of Scotland thame selffis have, and siclyk generalie for all uther trade frome ony uther foirane pairtis into Scotland, the Englishmen sall have libertie of importatioun als frelie as the saidis native subjectis of Scotland (not haveing speciall privileges), payand the samyn customes and dueteis that Scottishmen pay in Scotland. Nixt, concernyng the article of exportatioun, the estaittis of Scotland statutis and ordanis that all suche gudis or commoditeis as ar prohibitit and forbiddin to Scottishmen thame selffis to transporte furth of Scotland to ony foirane pairt, the samin sall be unlauchfull for ony Englishman or ony uther to transporte to ony forane natioun over sea, and that under the samyn penaltie and foirfaltouris that Scottishmen ar subject unto, bot nevirtheless finde and declairis that suche goodis and merchandice as ar licencit and ar lauchfull to Scottishmen (not specialie privilegeit) to transporte out of Scotland to ony forane pairt, the samin may be lykwayes transportit be Englishmen thither, and they, certefeing thair going towardis forane pairtis and taking coquett accordingly, sall be bund onlie to pay the ordinarie custome that Scottishmen thame selffis do pay at the exporting of suche waris. And as for these native commoditeis quhilkis aither of the countreyis do yeld and may serve for the use and benefite of the uther, the saidis estaittis of Scotland statutis and declairis that thair may be transportit furth of Scotland into England all suche waris as ar of the grouth or handy wark of Scotland without payment of ony custome, impost or exactioun, and als frelie in all respectis as ony wairis may be transportit in Scotland frome porte to porte, excepting suche particular sortis of goodis and merchandice as ar heirefter mentionat, being restranit for the propir and inward use of Scotland; and for that purpose declairis that furth of this communicatioun of benefittis and participatioun of native commoditeis of this countrey of Scotland with the countrey of England, thair sall be speciallie exceptit and reservit the particular sortis heireftir specefeit, that is to say: woll, scheip skynnes and fellis, cattell, leather, hydis and lynnen yairne, quhilkis ar specialie restranit within the countrey of Scotland not to be transportit frome the samin to England; exceptand also and reserveand to Scottishmen thair trade of fisheing within thair loches, firthis and bayis within land, and in the seas within fourtene mylis of the costis of the realme of Scotland wheir nather Englishmen nor ony stranger or forinaris have use to fische. Fordermoir, the estaittis of Scotland statutis and ordinis that all forane waris to be transportit furth of Scotland to England be the subjectis of England, haveand at thair first entrie in Scotland anis payit custome, sall not pay outward custome eftirward in Scotland saif onlie inward custome at that porte quhairinto they sall be transportit, bot the awneris of the goodis or the factouris and maister of the schip sall gif band not to transporte the samin to ony foirane pairt. The estaittis declaris also that Englishmen sall not be debarrit frome being associat in ony Scottish companie of merchandis adventuraris or ony utheris upoun suche conditionis as ony native Scottishman may be admittit. It is nevirtheles statute and ordinit be the foirsaidis estaittis of Scotland that the libertie foirsaid of exportatioun and trade frome Scotland to England sall serve for the inward use onlie of England, and nawayes for transportatioun of the saidis commoditeis into forane pairtis; and for dew punishment of those that sall transgress in that behalf, and for the better assurance and cautioun thairin, it is statute be the saidis estaittis of Scotland that everie mercheand so offending sall foirfaulte his haill goodis, the schippis wheirin the saidis goodis shall be transportit to be escheatit and foirfaltit, the customeris, serchearis and utheris officiaris of the customis whatsoevir incais of consent or knawlege upoun thair pairt to the transporting of suche wairis, to losse thair offices and goodis and thair persones to be imprisonit during his majesteis will; and of the saidis escheatis and foirfaltis, twa pairtis to appertene to his majestie gif the customes be unfermit and the thrid pairt to the informer, and gif the customes be fermed, one thrid of the foirfaltouris to belong to his majestie, one thrid to the fermoraris of the customes and the uther thrid to the informer; and the tryell of the offence to be summarlie in Scotland in the exchekker be wrytt, sufficient witneses or aith of pairtie or befoir the justice be assyse, and his majesteis officiaris within this realme of Scotland to concurre with the complenar haveing interes in the persute. And for the moir suretie that thair sall be na suche transportatioun of goodis exportit frome Scotland to England, statutis and ordinis that at the schipping of all suche native commoditeis thair be takin by the customer of the porte wheir the goodis or wairis ar embarkit ane bond or obligatioun to be subscrybit be the awner of the saidis goodis and the awner of the schip gif the awner be present, or (incaise the awner be absent) by the maister of the schip and the factour or pairtie that ladint the goodis, the said band contening ane sowme of money answerable to the valour of the goodis, with condition for releissing of the pairtie bund and dischargeing him of the foirsaid band incais returne be maid of dew certificat to the said customer wheir the goodis wer ladint frome ony porte within Scotland; the certificat to be subscryvit and seallit by the officiaris of the customes of the porte whair the goodis sall arryve and be ladint, or gif thair be not suche officiaris, then be the cheif officer or magistratt and towne clerk under thair handis, the tennoure of the quhilk band to be in maner following: Be it kend till all men be thir presentis, we A. B. and C. D., skipper in Leith, to be justlie awand and addebtit to oure most gratious soverane the kingis majestie the sowme of ane thowsand pundis Scottish money, the quhilk sowme we faithfullie bind and oblises us, oure airis, executouris and assignais and ilkane of us, conjunctlie and severalie, faithfullie to content, pay and delyver to oure said soverane lord, his airis and successouris, renunceand all exceptioun of not nummerat money and all uthairis exceptiounes whilk may be proponit in the contrair etc., with provisioun alwayes that gif we, the foirsaidis A. B. C. D., wha hes schippit and ladint at the porte of Leith in the schip callit the Lyoun, wheiroff E. F. is maister under God, sex lastis salmond, threttie lastis herring etc. to be transportit to the porte of Yairmouth in England and layit on land thair, as by the entrie thairof maid in his majesteis bookis of the said porte of Leith is evident, do discharge and lay on land the saidis goodis at the said porte of Yairmouth or ony uther porte within the kingdome of England out of the said schip and not else wheir; and within ane yeir next ensewing the date heirof, bring and delyver to the officeris of the porte of Leith whome it concerneth ane trew certificat under the handis and seallis of office of the magistrattis of the said porte of Yarmouth or of ony uther porte of the kingdome of England wheir the saidis goodis shall be landit and delyverit, testefeing the landing and trew delyverie of the premises without fraude or guyll. And in cais the validitie of the said certificat sallhappin to be impugnit or brocht in question, shall in the next terme eftir the end of the said yeir mak sufficient pruif in the chekker befoir the lordis auditouris thairof by lauchfull witneses or pruiffis as they sall allow of that, than and in that cais this abonewrittin obligatioun shall be null and of nane availl, force nor effect, or ellis to abyd in full effect and vertue. And becaus the certificat being returnit may nevirtheless ather by negligence or by mischance be lossed and the bandis being extant and na recorde had of the certificat, the pairtie wha wes bundin, his airis and executouris may be subject to the penaltie of the said band, for remede heirof, as it is alredie fundin that the space of ane haill yeir eftir the date of the said band be yeldit and allowit for the returne of the said certificat, so the estaitis of this realme ordanis that upoun the exhibiting of the certificat unto the customer, he shall furthwith note upoun the band the recept of sic ane certificat, beiring the testimonie by whome the same wes gevin, the contentis thairof and the date of the samin; and gif within the space of twa yeiris nixt eftir the exhibiting of the said certificat the treuth and validitie thairof shall not be impugnit and callit in questioun, in that cais the said band shall be haldin fullie satisfeit and dischargeit; and eftir the expiratioun of the saidis twa yeiris, na questioun or challenge to be maid upoun the band aganis the pairtie oblissit, and the band it self (ipso facto) to be for evir eftir null, void and of nane effect. And forsamekill as the saidis estaittis of this realme aggreis that the lyk bandis be gevin be Scottishmen traffiquing and ladning thair schippis within ony pairt of England, and that the ordour abonewrittin be alsua observit be thame, whilk is prescryvit and sett doun be this abonwrittin act of exportatioun in all the particular heidis thairof, and to the end that thair may be dew executioun in the exchekker of ather realme of sic bandis as salhappin to be foirfaltit (incais the pairteis foirfalting the saidis bandis be not to be fundin in that realme wheir the bandis wer tane and foirfaltit bot in the uther), thairfoir the saidis estaittis consentis and aggreis that the bandis so foirfaltit on ather pairt shall be mutualy and reciprocallie transmittit frome the exchekker of the ane realme to the uther (as cause shall require), and that the debtis recoverit upoun the saidis bandis foirfaltit shall be lykwayes transmittit and answerit to the exchekker of ather realme wheir the bandis wer takin. And fordermoir, tuicheing the indifferent schipping of commoditeis ather be Scottishmen or Englishmen in Scottish bottomes, the saidis estaittis statutis and declairis that Englishmen may fraucht and laid thair goodis in Scottish schippis and bottomes, paying onlie Scottish customes within the realme of Scotland, notwithstanding of ony contrarie lawes or prohibitionis. And anent the article of the making of great schippis and mantenance thairof, the saidis estaittis grantis commissioun to the burrowes of Edinburgh, Perth, Dundie, Aberdene, Glasgow, Air, Sanctandrous, Montrose, Kirkcudbricht, Irving, Craill, Bruntyland and Culross to meitt and convene and sett doun ordour for forderance of the traide of navigatioun, pacifeing and repressing all abusis quhairby the said trade is prejudgeit, and to sett doun suche ordour for bulding of schippis and all sort of vassellis as they think maist convenient, and the articlis aggreit upoun be the burrowes foirsaidis to be als sufficientlie authorisit as gif they had bene expressit in this present act. And becaus the foirsaidis estaittis of this realme estemis it requisit that the mutuall communicatioun afoirsaid shall not onlie be extendit to materis of commerce bot also to utheris benefittis and privileges of naturall borne subjectis, thairfoir findis and declairis that all the subjectis of the realme of England borne since the deceis of Elizabeth, the lait quene of England, and all that sall be borne heireftir undir the obedience of his majestie and his royall progenie, ar by the commoun lawes of Scotland and shall be for evir enhabillit to obtene, succede, inhered and possess all landis, goodis and chattellis, honouris, digniteis, offices, liberteis, privileges and benefices, ecclesiasticall or civill, in parliament and in all utheris places of the said kingdome of Scotland in all respectis and without ony exceptioun whatsumevir, als fullelie and amplie as the borne subjectis of Scotland mycht have done or may do in ony sorte. Mairover, for the better advanceing of the foirsaid happie unioun and testificatioun of the loyall dispositioun towardis his majestie, and for the incresce and continuance of the mutuall lufe, freindschip and amitie betuix the subjectis of the foirsaidis twa ancient kingdomes, the foirsaidis estaittis of Scotland findis and declaris all the subjectis of the kingdome of England borne befoir the deceis of the lait quene of England to be enhablit and maid capable to acquire, purches and inhered, succede, use and dispose of all landis, inheretances, goodis, offices, honouris, digniteis, liberteis, privileges, immuniteis, benefices and prefermentis quhatsumevir within the kingdome of Scotland with the samin fredome and als lauchfullie and peciablie as the verie native and naturall borne subjectis of this realme whair the saidis richtis, staitts or proffeittis ar establissit, notwithstanding of quhatsumevir law, statute or former constitutioun heirtofoir inforceit in the contrair, other than to acquire, possess succede or inhereitt ony office of the crowne, office of judicatorie or ony voit, place or office in parliament, all whiche to remane still frie frome being clamede, held or injoyit by the subjectis of England within the realme of Scotland borne afoir the deceis foirsaid, notwithstanding ony word, sense or interpretatioun of this act, or ony circumstance thairone depending untill thair be suche a perfyte and full accompleschement of the unioun as is mutualie desyrit by both the realmes. And notwithstanding of this abonewrittin exceptioun, the foirsaidis estaittis expreslie reserves his majesteis prerogative royall to devysat, inhable and prefer to suche offices, honouris, digniteis and benefices quhatsumevir in the said kingdome of Scotland, as ar heirtofoir exceptit in the preceding reservatioun, all English subjectis borne befoir the deceis of the said laitt quene, als frelie, als sovereignlie and absolutelie as ony his majesteis royall progenitouris or predecessouris kings of Scotland micht have done at ony tyme heirtofoir, and to all utheris intentis and purposis in als ample maner as gif no suche act had bene maid or evir thocht or conceavit. And forsamekle as the foirsaidis estaittis of this kingdome of Scotland hes maid, grantit and consentit to all the actis and statutis befoir specefeit, and to all the speciall liberteis and privileges thairin contenit, upoun provisioun and conditioun onlie that the foirsaid unioun shall procede, work and tak the lyk finall end and effect upoun the pairt of the estaitis of England in favouris of Scotland, eftir the forme and tennoure of the foirsaid treatie of unioun and conclusionis thairof aggreit and accordit upoun be all the foirsaidis commissionaris of both kingdomes the tymes foirsaid and na utherwayes, thairfoir the saidis estaittis of Scotland statutis, determines and declaris that all the abone writtin actis, liberteis, privileges and ilkane of thame and everie heid, article and member thairof shall ceis, abyd suspendit and be of na strenth, force nor effect heireftir, ay and quhill and unto the speciall tyme that the estaittis of England be thair actis and statutis in parliament decerne, grant and allow the samin and als mony actis, privileges, liberteis, fredomes and immuniteis to the subjectis of the kingdome of Scotland, to be injoyit and bruikit be thame within the realme of England, conforme to the foirsaid treatie in all pointis.

  1. NAS, PA2/17, f.2v-6r. Back
  2. Superscript. Back
  3. APS changes this to 'eftir'. Back