[A1705/6/24]¹

[Overture of an act for a treaty with England]

The estates of parliament, considering with what earnestness the queen's majesty has recommended to them the settling of the succession to the imperial crown of this her ancient kingdom in the Protestant line, failing heirs of her own body, and also to enter into a treaty with her kingdom of England, as the most effectual way for extinguishing the heats and differences that are unhappily raised between the two nations, and in obedience to her majesty's royal and just purpose of having a treaty set on foot between her two independent kingdoms of Scotland and England, without which these things of great consequence between them cannot be accommodated, therefore, her majesty, with advice and consent of the estates of parliament, does enact, statute and ordain that such persons and quorum thereof [...] shall have full power and commission, likewise her majesty, with advice and consent aforesaid, does hereby give and grant full power, commission and authority to the said persons and their quorum to convene and meet at such time and times and in such places as her majesty shall please to appoint, to treat and consult with such commissioners as shall be authorised by authority of the parliament of England, of and concerning a union of the kingdoms of Scotland and England, and or and concerning such other matters, clauses and things as upon mature deliberation of the greatest part of the said commissioners assembled as aforesaid and the commissioners to be authorised by authority of the parliament of England, according to the tenor and purport of their commissions on that behalf, shall think necessary and convenient, for the honour of her majesty, the common good and welfare of both the said realms for ever. And the said commissioners for both the said kingdoms shall, according to the tenor and purport of their respective commissions, set down and reduce their proceedings in the said matter into four separate writings and instruments, each of them to be subscribed and sealed by the said commissioners and their quorum, to the end that one of those writings or instruments may, in all humility, be presented to the queen's majesty, and another of the said writings or instruments to be offered to the parliament of Scotland, and the other of the said writings or instruments to be offered to the parliament of England at their next sessions, to be held in each kingdom respectively after such writings or instruments shall be subscribed and sealed by the said commissioners, that thereupon such further proceedings may be had as by her majesty and both the said parliaments shall be thought fit and necessary, for the benefit and common-good of both the said kingdoms, to which parliaments the entire consideration of the whole and the allowing or disallowing of the same, or any part thereof, as they shall think fit, is wholly reserved. And it is further provided that no matter or thing to be treated of, proposed or agreed by the said commissioners by virtue of this act shall be of any strength or effect whatsoever until it be first confirmed and established by authority and an act of the parliament of Scotland. Providing also that the said commissioners shall not treat of or concerning any alteration of the discipline of the church government of this kingdom as now by law established.