Miseries of England and Scotland, in a disunited state. WHoever hath perused the Histories of England and Scotland, under two Independent Monarchs, and beheld there the terrible Destructions and Devastations of Fire, Sword, and Rapine; the vast consumption of Blood and Treasure, in maintaining the Borders on both sides; and the frequent Advantages accruing to foreign Enemies from those terrible Hostilities between the Inhabitants of the same Island; must readily acknowledge, that an entire and perpetual Union of the Estates of those two Kingdoms under the same Monarch, and with the same Legislature, was one of the greatest Blessings to both, that Heaven could send; especially, at a time when there was so much cause to dread a Return to that ancient state of Entire Separation and Independence.
An Union attempted by K. Henry 8. and Edw. 6. It was in a sense of these dreadful Calamities, that King Henry the eighth (to go back no further) did so earnestly labour a match between the daughter of James the fifth of Scotland, and his own son Edward; which proceeded so far, as to be ratified in the Parliament of Scotland, and to have Hostages sent from thence to the English Court for performance of Articles. But these Proceedings were zealously and openly opposed by the French; whose influence in the Scotch Counsels was at that time so powerful and prevailing, that the projected Match was broken off; and King Henry (disappointed of the hopes which he had conceived, of laying the foundation of a lasting Union, and growing infirm, and dying not long after) could only leave it in charge with his Council, to prosecute that Point by force of Arms to the last, if the Scots would not be induced by fair means to consent to the Match, according to the National Engagement which they had passed. Pursuant to this charge, the Duke of Somerset, Protector of the Kingdom under Edward the sixth, marched into Scotland at the head of an Army; and having first by message proposed a Treaty about the Match, but in vain, he afterwards defeated them in the memorable Battel of Musselburgh. Whereupon, the Scots cast themselves upon the Protection of France; whither the young Queen was conveyed, and many years after marry’d to the Dauphin.
Union of England and Scotland under one Head, in K. James 1. But what neither the Counsels nor Arms of England could effect, was brought about by Divine Providence, without the intervention of either, in half a Century after; in which time, Edward the sixth and his two sisters dying without issue, and a son being born to the Queen of Scots, and succeeding to that Kingdom by the name of James the sixth; He, upon the death of Elizabeth Queen of England (the last of King Henry’s issue, that wore the Crown) succeeded also to the Kingdom of England, by the name of James the first, as lineally, rightfully, and lawfully descended of the body of the most excellent Lady Margaret, eldest daughter of the most renowned King Henry the seventh and the High and Noble Princess Queen Elizabeth his Wife, eldest daughter of King Edward the fourth; the said Lady Margaret being eldest Sister of King Henry the eighth, father of the High and Mighty Princess of famous memory, Elizabeth late Queen of England; according to the language of an Act of Parliament in England, solemnly recognizing his Right and Title to the Crown.
A further Union attempted in vain by K. James 1. The King having thank’d the Parliament for this so ready and chearful Recognition of his Right, did immediately move for an Union between the two Kingdoms; that, as they were made one in the Head, so among themselves they might be inseparably conjoined, and all memory of by-past Divisions extinguished. Whereupon, an Act of Parliament was passed in England, presently, and also a like Act in the Parliament of Scotland, some months after; by which Acts, Commissioners of the two Kingdoms, respectively, were empowered to meet and treat concerning Articles of Union, to be laid before the Parliaments of both Nations. In virtue of those Powers, they accordingly met at Westminster, Octob. 20. 1604, and agreed upon the following Articles:
Articles of Union, temp. Jac. 1.
Hostile Laws extinguished. “It is agreed by the Commissioners of England and Scotland to be mutually proponed to the Parliament of both Realms at the next Sessions, That all Hostile Laws made and conceived expresly, either by England against Scotland, or Scotland against England, shall in the next Sessions be abrogated and utterly extinguished.
The name of Borders abolished. “It is also agreed, that all Laws, Customs, and Treaties of the Borders betwixt England and Scotland shall be declared by a general Act to be abrogated and abolished, and that the subjects on either part shall be governed by the Laws and Statutes of the Kingdoms where they dwell, and the name of the Borders extinguished.
Order for Sentences not satisfied. “And because by abolishing the Border-Laws and Customs it may be doubted, that the Executions shall cease upon those Sentences that have heretofore been given by the opposite Officers of those Borders, upon wrongs committed before the death of the late Queen of happy memory; it is thought fit that in case the Commissioners or Officers to be appointed by his Majesty before the time of the next Sessions of Parliament shall not procure sufficient redress of such filed Bills and Sentences, that then the said Parliaments may be moved to take such order as to their wisdoms shall seem convenient, for satisfaction of that which hath been decerned by some Officers; as also how disorders and insolencies may be hereafter repressed, and the Country which was lately of the Borders kept in peace and quietness in time to come. As likewise to prescribe some order, how the pursuits of former wrongs, preceding the death of the late Queen and since the last Treatise of the Borders in the years 1596 and 1597, which have never yet been moved, may be continued and prosecuted to a definitive Sentence.
Participation of Commodities to be mutual. “And forasmuch as the next degree to the abolition of all memory of Hostility is the participation of mutual Commodities and Commerce; It is agreed, First, concerning importation of Merchandise into either Realm from foreign parts, that whereas certain Commodities are wholly prohibited by the several Laws of both Realms to be brought into either of them by the Natives themselves or by any other, the said Prohibitions shall now be made mutual to both, and neither an English-man bring into Scotland, or a Scotch-man into England, any of these prohibited Wares and Commodities: Nevertheless, if the said Commodities be made in Scotland, it shall be lawful to bring them out of Scotland to England; and so reciprocally of the Commodities made in England, and carried to Scotland.
Inequality of Privileges to be tried. “Whereas a doubt hath been conceived against the equal communication of Trade betwixt English and Scottish subjects in matter of Importation, grounded upon some Inequality of Privileges which the Scots are reported to have in foreign parts, and namely in France, above the English, whereby the English might be prejudged; and that after a very deliberate consideration had of the said supposed Inequalities, both private and publick examination of divers Merchants of either side touching all Liberties, Immunities, Privileges, Imposts and Payments on the part of the English, and on the part of the Scottish, either at Bordeaux for their trade of Wines, or in Normandy or any other part of France for other Commodities, it appeared that in the Trade of Bordeaux there was and is so little difference, in any advantage of privileges or immunities, or in the imposts and payments, all being reckoned and well weighed on either side, as it could not justly hinder the communication of Trade: in the trade of Normandy likewise, or any other parts of France, the advantage that the Scottish subjects by their privilege is acknowledged to have is such, as without much difficulty may be reconciled and reduced to an equality with the English, by such means as is hereafter declared; It is agreed, that the Scottish-men shall be free for the transporting of Wine from Bordeaux into England, paying the same Customs and Duties that the English-men do pay, and the English-men shall be likewise free for transporting of Wine or other Commodities from Bordeaux into Scotland, paying the same Customs and Duties that the Scottish-men do pay there.
Importation to be free to both people. “And likewise for clearing and resolving the doubts touching the advantage that the Scots are supposed to have above the English in buying and transporting the Commodities of Normandy, and of other parts of the Kingdom of France (excepting the buying of Wine in Bordeaux, which is already determined,) It is agreed, that there shall be sent some meet and discreet persons into France, two for either side, to take perfect notice of any such advantage as either the English have above the Scots, or the Scots above the English, in the buying or transporting of any Commodities of Normandy or any parts of France (excepting the Wine of Bordeaux) and as the said persons shall find the advantage to be, so for making the Trade equal, the Custom shall be advanced to the King in England and Scotland. And for the part of those that have the advantage, and according to the proportion of the said advantage, the advancement of the Custom to continue no longer than the privilege of having such advantage shall continue; and that generally for all other Trade from any parts the English and Scottish Subjects, each in others’ Country, shall have liberty of Importation as freely as any of the native Subjects themselves having special Privilege.
Exportation of Goods prohibited made unlawful to both. “Next, concerning Exportation, It is agreed that all such Goods as are prohibited and forbidden to Englishmen themselves to be transported forth of England to any foreign part, the same shall be unlawful for any Scottishmen or any other to transport to any foreign Nation beyond sea, under the same penalties and forfeitures that the English are subject unto; and reciprocally that forth of Scotland, no Englishmen shall transport to any foreign part the Goods or Commodities that are prohibited in Scotland to Scottish-men themselves: Nevertheless such Goods and Commodities and Merchandises as are licensed to Englishmen to transport out of England to any foreign part, the same may be likewise transported by Scottish-men thither, they certifying their going into foreign parts, and taking a Cocquet accordingly, and paying the ordinary Custom that Englishmen do pay themselves at the exporting of such Wares: The like liberty to be for Englishmen in Scotland.
Order for Native Commodities. “As for the Native Commodities which either of the Countries do yield, and may serve for the use and benefit of the other, It is agreed that mutually there may be transported forth of England to Scotland, and forth of Scotland to England, all such Wares as are neither of the growth or handy-work of either of the said Realms, without payment of any impost, custom or exaction, and as freely in all respects as any Wares may be transported either in England from part to part, or in Scotland from part to part; excepting such particular sorts of Goods and Merchandises as are hereafter mention’d, being restrained for the proper and inward use of each Country. And for that purpose it is declared, That both in this communication of benefit and participation of the native Commodities of the one Country with the other, there shall be specially reserved and excepted the sorts hereafter specified; That is to say, Wool, Sheep, Sheep-fell, Cattel, Leather, Hides and Linnen-yarn, which are specially restrained within each Countrey, not to be transported from the one to the other; excepting also and reserving to the Scottish-men their trade of Fishing within their Loches, Forthes and Bayes, within land, and in the Seas within fourteen miles of the Coasts of the Realm of Scotland, where neither Englishmen nor any Strangers have used to fish; and so reciprocally in the point of Fishing on the behalf of England. All which exceptions and restrictions are not to be understood or mention’d in any sort for a mark or note of separation or disunion, but only as matters of policy and conveniency for the several estate of each Country.
Order for Custom. “Furthermore it is agreed that all foreign Wares to be transported forth of Scotland to England, or out of England to Scotland, by any of the Kings subjects of either Kingdoms, having at their first entry once paid custom in either of the Kingdoms, shall not pay outward custom therein afterwards, save only inward custom at that Port whereunto they shall be transported: But the owner of the Goods, or the Factor or Master of the ship, shall give Bond not to transport the same into any foreign part.
Scots may be associated in English Companies. “It is also agreed that Scottish-men shall not be debarred from being associates unto any English company of Merchants, as Merchant-venturers or others, upon such conditions as any Englishman may be admitted; and so reciprocally for Englishmen in Scotland.
Order for transportation. “It is nevertheless agreed by mutual consent, and so to be understood, that the mutual liberty aforesaid of Exportation and Trade in each part from the one to the other shall serve for the inward use only of either Realm; and order taken for restraining and prohibiting the transportation of the said Commodities into foreign parts, and for due punishment of those that shall transgress in that behalf.
Punishment of such as shall transgress. “And for the better assurance and caution herein, it is agreed that every Merchant so offending shall forfeit his Goods; the Ships wherein the said Goods shall be transported, confiscated; the Customers, Searchers, and other Officers of the Custom whatsoever, in case of consent or knowledge on their part, to lose their Offices and Goods, and their bodies to be imprisoned at his Majesties pleasure. Of which Escheats and Forfeitures two parts shall appertain to his Majesty, if the Customs be unfarmed, and the third to the Informer: and if the Customs be farmed, one third of the Forfeiture shall belong to his Majesty, a third to the Farmers of the Customs, and the other third to the Informer. The trial of the offence to be summar in either Country in the Exchequer-Chamber by Writ, sufficient Witnesses, or Oath of party, or before the Justice by Jury or Assize; and his Majesties Officers in either Country to convene with the Complainers that interest in the pursuit.
Caution to be given by the Owners and Masters of Ships. “As also for the more surety that there shall be no transportation of such Goods it is agreed that at the shipping of all such native Commodities there be taken by the Customer of the Port where the Goods or Wares are imbarked, a Bond or Obligation subscribed by the Owner of the said Goods, and Master of the Ship; by the Owner, if he be present, and in case of his absence, by the Master of the Ship, and Factor or Party that ladeth the same: Which Bond shall contain a sum of money answerable to the value of the Goods, with condition of relieving the party obliged, and discharging him of the said Bond in case return be made of a due Certificate to the Custom where the Goods were laden, from any part within England or Scotland: The Certificate to be subscribed and sealed by the Officers of the Customs of the part where the said Goods shall arrive, and be unladen; or if there be no such Officers there, by the chief Magistrate and Town Clerk of that Harbour or Town, under their Hand and Seal.
Indifferency of Fraighting. “It is further agreed touching the indifferent fraighting of Commodities either in English or Scottish Bottoms, that Englishmen and Scottishmen freight and lade their goods each in others Ships and Bottoms indifferently, paying only English and Scottish custom, notwithstanding any contrary laws or prohibitions. And that a Proposition be made to the Parliament of England for establishing some good orders for upholding and maintaining the great Fishing of England; as likewise that a Proposition be made to the Parliament of Scotland for the making of their Shipping more proportionable in burthen to the shipping of England, the better to serve for equality of trade, and a common defence for the whole Isle.
Postnati declar’d free. “And because it is requisite that the mutual communication aforesaid be not only extended to matter of Commerce but to all other benefits and privileges of natural born subjects; It is agreed that an Act be proponed to be passed in manner following: That all the subjects of both Realms born since the decease of the late Queen, and that shall be born hereafter under the obedience of his Majesty and of his Royal Progeny, are by the common Laws of both Realms and shall be for ever enabled to obtain, succeed, inherit and possess all goods, lands and chattels, honours, dignities, offices, liberties, privileges and benefices Ecclesiastical or Civil, in Parliament and all other places of the Kingdoms, and every one of the same, in all respects and without any exception whatsoever, as fully and amply as the subjects of either Realm respectively might have done, or may do in any sort within the Kingdom where they are born.
Exception for Offices of the Crown. “Farther, whereas his Majesty out of his great judgment and providence hath not only professed in publick and private speech to the Nobility and Council of both, but hath also vouchsafed to be contented that, for a more full satisfaction and comfort of all his loving subjects, it may be comprised in the said Act, that his Majesty meaneth not to confer any Office of the Crown, any Office of Judicature, place, voice, or Office in Parliament of either Kingdom upon the subjects of the other, born before the decease of the late Queen, until time and conversation have encreased and accomplished an Union of the said Kingdoms, as well in the hearts of all the people and in the Conformity of Laws and Policies in these Kingdoms, as in the knowledge and sufficiency of particular men, who being untimely imployed in such authorities could no way be able, much less acceptable, to discharge such duties belonging to them; It is therefore resolved by us the Commissioners aforesaid, not only in regard of our desires and endeavours to farther the speedy conclusion of this happy work intended, but also as testimony of our love and thankfulness for his gracious promise, on whose sincerity and benignity we build our full assurance, even according to the inward sense and feeling of our own loyal and hearty affections, to obey and please him in all things worthy the subjects of so worthy a Sovereign, that it shall be desired of both the Parliaments, to be enacted by their Authority, that all the subjects of both Realms, born before the decease of the late Queen, may be enabled and capable to acquire, purchase, inherit, succeed, use and dispose of all lands, goods, inheritances, offices, honours, dignities, liberties, privileges, immunities, benefices and preferments whatsoever, each subject in either Kingdom, with the same freedom and as lawfully and peaceably as the very natural and born subjects of either Realm, where the said rights, estates or profits are established, notwithstanding whatsoever Law, Statute, or former Constitutions heretofore in force to the contrary; other than to acquire, possess, succeed or inherit any Office of the Crown, Office of Judicatory, or any voice, place or Office in Parliament, all which shall remain free from being claimed, held or enjoyed by the subjects of the one Kingdom within the other, born before the decease of the late Queen, notwithstanding any words, sense or interception of the Act, or any circumstance thereupon depending, until there be such a perfect and full accomplishment of the Union as is desired mutually by both the Realms. Reservation of his Majesty’s Prerogative.In all which points of reservation, either in recital of the words of his Majesties sacred promise, or in any clause or sentence before specified from enabling them to any of the aforesaid places or dignities, it hath been and ever shall be so far from the thoughts of any of us, to presume to alter or impair his Majesties Prerogative Royal (who contrariwise do all with comfort and confidence depend herein upon the gracious assurance which his Majesty is pleased to give in the declaration of his so just and Princely care and favour to all his people) as for a farther laying open of our clear and dutiful intentions towards his Majesty in this and in all things else which may concern his Prerogative, we do also herein profess and declare, that we think it fit there be inserted in the Act to be proponed and passed, in express terms, a sufficient reservation of his Majesties Prerogative Royal to denizate, enable and prefer to such offices, honors, dignities and benefices whatsoever in both the said Kingdoms, and either of them, as are heretofore excepted in the preceding reservation of all English and Scottish subjects born before the decease of the late Queen, as freely, sovereignly and absolutely, as any of his Majesties most noble progenitors or predecessors, Kings of England or Scotland, might have done at any time heretofore, and to all other intents and purposes in as ample manner as no such Act had ever been thought of or mentioned.
Remanding of Malefactors. “And forasmuch as the several Jurisdictions and Administrations of either Realm may be abused by Malefactors, by their own impunity, if they shall commit any offence in the one Realm, and afterwards remove their persons and abode unto the other; it is agreed, that there may be some fit course advised of by the wisdoms of the Parliaments for tryal and proceeding against the persons of offenders remaining in the one Realm, for and concerning the crimes and faults committed in the other Realm: And yet nevertheless that it may be lawful for the Justice of the Realm where the fact is committed, to remand the offender remaining in the other Realm to be answerable unto Justice in the same Realm where the fact was committed, and that upon such remand made, the offender shall be accordingly delivered, and all farther proceeding, if any be, in the other Realm shall cease, so as it may be done without prejudice to his Majesty or other Lords in their Escheats and Forfeitures. With provision nevertheless, that this be not thought necessary to be made for all criminal offences, but in special cases only; as namely in the cases of wilful Murther, falsifying of Moneys, and forging of Deeds, Instruments and Writings, and such other like cases as upon farther advice in the said Parliament may be thought fit to be added”.
The consideration of the Articles delayed. By the tenor of the Acts made in the Parliaments of both Kingdoms, to empower Commissioners to meet and agree, as aforesaid, the consideration of the Articles agreed on, was expressly limited to the next Session of each Parliament; and the next in England (being the Parliament which was destined to destruction by that hellish Contrivance of the Gun-powder Plot, and abundantly employed in detecting and prosecuting the Traitors, and making provision against any future Attempts of the Papists;) did only pass an Act to extend the time for considering the said Articles, to any other Session of that Parliament. The Articles not confirm’d by Parliament. Accordingly, in the next Session, which begun the 18th day of November in the year 1607, the Articles were taken into consideration by the Parliament of England, but met with so many and great obstructions, that nothing was brought to effect upon any head, except that one of abolishing all memory of Hostilities between the two Nations: And this was done, by the repeal of divers hostile Laws which had been made from time to time, and the establishing, as much as might be, the Peace and Tranquility of the Borders, by a certain method of trying such Offences as should be committed by the English in Scotland, and by the Scots in England; in case the persons, after such offences committed, did escape into their own Kingdom. All this was provided-for in a separate Act, which was to take place, as soon as the like Provisions should be made on the other part, by the Parliament of Scotland.
The Articles confirmed in the Scotch Parliament, The King was exceedingly grieved, to see himself in great measure disappointed in an Affair of such Consequence, and which he had laid so much to heart: And, to try whether the disappointment might not be repaired, and his design compassed by beginning in Scotland, he summoned a Parliament of that Kingdom to meet the August following, in the year 1608. In this, all the Articles which had been agreed upon by the Commissioners, were allowed and ratified; on condition that the Parliament of England should do the same, and should make special Declaration, that the Kingdom of Scotland should remain an absolute and free Monarchy, and the fundamental Laws receive no Alteration.
— but not in the English. But the English Parliament (for what reasons, and upon what grounds, is not certainly known) silently drop’d the Articles, and never took them into consideration again. By which means, the two Kingdoms, though under a Succession of the same Monarchs, and (through the interest of those Monarchs in both) preserved in a state of Peace, Friendship and Correspondence, did, notwithstandingAn Attempt of an Union by K. Charles the 2d. two subsequent Attempts towards a closer Union in the reigns of K. Charles the second and Queen Anne, still remain separate and independent in point of Constitution and Commerce; till, in the year 1706. (the 5th of Queen Anne) this mighty Work, which had been so often attempted in vain, was most happily accomplished; and is deservedly reckoned among the most glorious and most important Successes of Her Majesty’s Reign.
The importance and necessity of an Union, temp. Annæ Reginæ, The great Importance of this Work, will appear by the unhappy Condition which this Island must have been reduced to, had this last Attempt proved Abortive, as so many others had done before. It was now about a hundred years, that the two Nations had been united under one and the same head; and however a nearer Union had been always wished, as evidently tending to the strength and interest of both Kingdoms, yet, as long as that Union in one and the same Prince should continue, they were sure at least to live in peace, and could be under no apprehension of returning to their ancient state of Hostility. But William Duke of Glocester, a youth of incomparable Parts, who promised whatever a Nation could wish or desire, being taken away at 12 years of age, and being also the only remaining issue of her then Royal Highness, and afterwards our gracious Sovereign Queen Anne; there was no apparent hope of an uninterrupted Succession of Protestant Princes: and therefore the King and the Estates of the Realm (convinced by the unhappy reign of King James the second, that this Protestant Kingdom can have no Security of its Laws, Liberties, and Religion, under the Government of a Popish Prince,) passed an Act for the Succession of the Crown of England in the Protestant Line. — to prevent an entire disunion of the two Nations. Which Act, being made only in the Parliament of England, and neither that nor any of the like nature received or passed in the Parliament of Scotland; the Scotch Nation did not understand themselves in the least obliged, after the decease of the Queen, to acknowledge or regard the Protestant Successor, who was by such Act entitled to the English Crown. annae reginae The consequence of which was, that nothing but the life of her then Majesty Queen Anne, stood between Us, and an entire Separation; or, in other words, between Us, and a Return to that Rapine, Bloodshed, and Misery, which fill the Histories of the two Kingdoms for so many hundred years, during that former Independent State.
Commissioners appointed to treat of an Union, 1 Ann. In this view of approaching Misery to both Nations; it pleased Her Majesty, in the first year of her reign, to appoint Commissioners of both (pursuant to the Authority vested in her, by two Statutes made in the respective Parliaments,) to meet and treat of an Union between the two Kingdoms; who met accordingly, but, as I intimated before, without effect. From which time, the Dangers and Calamities of a disunited State, were perpetually hanging over our heads; till Her Majesty (empower’d by both Parliaments as before, and with better prospect of Success,)— and again, 5 Ann. did in the sixth year of her Reign, appoint and nominate Commissioners anew: Whose great Knowledge, Wisdom, and Temper, having surmounted all difficulties, and, with the addition of Parliamentary Sanctions, having established us in an united State for ever; their Names ought to be honour’d, to all Posterity, as the chief Instruments, under our then gracious Soveraign, of laying this lasting foundation of the Peace and Prosperity of the Island of Great Britain.
Commissioners for England.
Thomas Lord Archbishop of Canterbury.
William Cowper, Lord Keeper.
John Lord Archbishop of York.
Sidney Lord Godolphin.
Thomas Earl of Pembroke and Montgomery.
John Duke of Newcastle.
William Duke of Devonshire.
Charles Duke of Somerset.
Charles Duke of Bolton.
Charles Earl of Sunderland.
Evelin Earl of Kingston.
Charles Earl of Carlisle.
Edward Earl of Orford.
Charles Viscount Townshend.
Thomas Lord Wharton.
Ralph Lord Grey.
John Lord Poulett.
John Lord Sommers.
Charles Lord Halifax.
John Smith, Esq;
William Marquiss of Hartington.
John Marquiss of Granby.
Sir Charles Hedges.
Robert Harley, Esq;
Henry Boyle, Esq;
Sir John Holt.
Sir Thomas Trevor.
Sir Edward Northey.
Sir Simon Harcourt.
Sir John Cook.
Commissioners for Scotland.
James Earl of Seafield, Lord Chancellor.
James Duke of Queensberry.
John Earl of Marr.
Hugh Earl of Loudoun.
John Earl of Sutherland.
James Earl of Morton.
David Earl of Wemyss.
David Earl of Leven.
John Earl of Stair.
Archibald Earl of Roseberie.
David Earl of Glasgow.
Lord Archibald Campbell.
Thomas Viscount Duplin.
William Lord Rosse.
Sir Hugh Dalrymple.
Sir David Dalrymple.
Sir Alexander Ogilvie.
Sir Patrick Johnston.
Sir James Smollet.
Commissioners meet and finish the Articles, and lay them before the Queen, The Lords Commissioners of England and Scotland, thus appointed, met at a place called the Cock-pit, near Whitehall, Westminster, on the 16th day of April, in the year 1706; and pursu’d that great and important Work with so much zeal and assiduity, that the Articles of Union were signed and sealed by the Commissioners of both Nations on the 22d day of July following; and on the 23d of the same month, one Copy or Instrument thereof, was (according to the tenor of both Commissions) presented to her Sacred Majesty; who accepted it, with expressions of great Thanks for the pains they had taken in the Treaty, and with a declaration of her own earnest desire to see so great a Security and Advantage to both Kingdoms, accomplished in her Reign.
— and before the Parliament. By the tenor of the Commissions, the Articles of Union, being signed and sealed by the Commissioners, were in like manner to be laid before the Parliaments of both Kingdoms; which was accordingly done the winter following; and (the doctrine, worship, discipline, and government of both Churches, as established in the respective Kingdoms, having been first unalterably secured by Acts of Parliament in each,) the said Articles, with some Additions and Alterations, were ratified and approved in both Parliaments: The tenor of which is as follows:
The two Kingdoms united for ever by the name of Great Britain. “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 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 Flags, Banners, Standards and Ensigns, both at Sea and Land.
The Protestant Succession, to be according to the Act made before in England. “That the Succession to the Monarchy of the United Kingdom of Great Britain, and of the Dominions thereunto belonging, after Her most Sacred Majesty, and in Default of Issue of Her Majesty, be, remain, and continue to the most Excellent Princess Sophia, Electoress and Dutchess Dowager of 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 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.
One Parliament. “That the United Kingdom of Great Britain, be Represented by one and the same Parliament, to be Stiled, The Parliament of Great Britain.
Intercourse of Trade and Navigation. “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 expressly Agreed in these Articles.
Ships of Scotland to be deem’d Ships of Great Britain. “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 deemed, and pass as Ships of the Built 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 Administer’d shall be Attested by the Officer or Officers, who Administer’d the same; And being Register’d 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 enter’d in a Register, and from thence to be sent to the Port of London, to be there enter’d in the General Register of all Trading Ships belonging to Great Britain.
Both Kingdoms shall be under the same Regulations, as to Trade. “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 liable 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; (Some Exceptions, and Explanations.)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 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 Publick or Private Accompts, than those 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 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 paid 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 Bear 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 Importation 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.
Excises of Liquors, the same. “That all Parts of the United Kingdom be for ever, from and after the Union, liable 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 Retailers Profit at Two Pence the Scots Pint, or Eighth part of the Scots Gallon, be not after the Union liable, on accompt of the present Excise upon Exciseable 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.
“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 DutiesDuties upon Salt. 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 Cellar’d and Locked up under the Custody of the Merchants Importers, and the Officers employed for Levying the Duties upon Salt, and that the Merchant may have what Quantity thereof his Occasion may require, not under a Wey 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 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 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 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 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 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, 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 Levied 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 liable, 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 paid. 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 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,Praemiums premiums Præmiums, and Draw-backs, 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 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.
Proportion of publick Taxes. “That whenever the Sum of One Million nine hundred ninety seven thousand seven hundred and sixty three pounds, Eight Shillings, and Four Pence half-penny, shall be Enacted by the Parliament of Great Britain to be Raised in that part of the United Kingdom now called England, on Land and other Things usually Charged in Acts of Parliament there, for Granting 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 Forty 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.
–Stamp’d Paper. “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.
–Windows. “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.1710
–Coals. “That during the Continuance of the Duties payable in England on Coals, Culm and Cynders, which determine the Thirtieth Day of September, One thousand seven hundred and ten, Scotland shall not be Charged therewith for Coals, Culm and Cynders consumed there; but shall be Charged with the same Duties as in England for all Coals, Culm and Cynders not consumed in Scotland.
–Malt. “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,1707 cinders Scotland shall not be Charged with that Duty.
Scotland not to be charged with Duties already laid by the Parliament of England. “That the Kingdom of Scotland be not Charged with any other Duties laid on by the Parliament of England before the Union, except these 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 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 on Malt, during this present War. And seeing it cannot be supposed that the Parliament of Great Britain will ever lay any sort of Burthens upon the United Kingdom, but what they shall find of necessity at that time for the Preservation and Good of the Whole, and with due regard to the Circumstances and Abilities of every part of the United Kingdom; 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.
Equivalent to Scotland, for contributing to Debts contracted by England, before the Union: “That 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 in 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, viz.–before the Union. That before the Union of the said Kingdoms, the Sum of Three hundred ninety eight thousand and eighty five Pounds, ten Shillings, 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 Exciseable Liquors, with which that Kingdom is to be Charged upon the Union, as will be applicable to the payment of the said Debts of England, according to the Proportions which the present Customs in Scotland, being Thirty thousand Pounds per Annum, do bear to the Customs in England, computed at One million three hundred forty one thousand five hundred and fifty nine Pounds per Annum; And which the present Excises on exciseable Liquors in Scotland, being Thirty three thousand and five hundred Pounds per Annum, do bear to the Excises on exciseable Liquors in England, computed at Nine hundred forty seven thousand six hundred and two Pounds per Annum: Which Sum of Three hundred ninety eight thousand eighty five Pounds ten Shillings, shall be due and payable from the time of the Union. –after 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 exciseable Liquors as in England, as well upon that Accompt, as upon the Accompt of the encrease 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 Accompt 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 Encrease, 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 encrease of the Revenues of Customs, and Duties on Import and Export, and Excises upon exciseable Liquors in Scotland, over and above the Annual Produce of the said respective Duties, as above-stated, shall go and be applied, for the Term of Seven Years, to the Uses hereafter mentioned; and that, upon the said Accompt 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 encrease, 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 exciseable liquors, in respect of which Debts, Equivalents are herein before provided. Application of the Equivalent.And as for the Uses to which the said Sum of Three hundred ninety eight thousand eighty five Pounds Ten Shillings, to be Granted, as aforesaid, and all other Monies 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 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 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 paid: Upon payment of which Capital Stock and Interest, It is Agreed, the said Company be dissolv’d and cease, and also, that from the time of passing the Act of Parliament in England, for raising the said Sum of Three hundred ninety eight thousand 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 paid in Twelve Months after the Commencement of the Union, That then the said Company may from thenceforward Trade, or give Licence to Trade, until the said whole Capital Stock and Interest shall be paid. And as to the Overplus of the said Sum of Three hundred ninety eight thousand eighty five Pounds Ten Shillings, 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 encrease 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 Debts of England; It is Agreed, That the same be applied in manner following, viz. That all the Publick Debts of the Kingdom of Scotland, as shall be adjusted by this present Parliament, shall be paid: And that Two thousand Pounds per Annum, for the space of Seven Years, shall be applied towards encouraging and promoting the Manufacture of Coarse Wooll within those Shires which produce the Wooll; and that the first Two thousand Pounds Sterling be paid at Martinmas next, and so yearly at Martinmas, during the space aforesaid; and afterwards the same shall be wholly applied towards the encouraging and promoting the Fisheries, and such other Manufactures and Improvements in Scotland, as may most conduce to the general good of the United Kingdom. Commissioners for disposing of the Equivalent.And it is Agreed, That Her Majesty be Impowered to appoint Commissioners, who shall be accomptable to the Parliament of Great Britain, for Disposing the said Sum of Three hundred ninety eight thousand and eighty five Pounds Ten Shillings, and all other Monies which shall arise to Scotland, upon the Agreements aforesaid, to the Purposes before mentioned: Which Commissioners shall be Impowered to call for, receive and dispose of the said Monies, in manner aforesaid, and to Inspect the Books of the 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 Authentick 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 Accompts of the Amount of the Equivalents, and how the same shall have been disposed of from time to time, which may be inspected by any of the Subjects who shall desire the same.
Coin of the same Value and Standard in both Kingdoms. “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.
Weights and Measures to be the same in both Kingdoms. “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.
Laws of Trade, &c. to be the same in Scotland, as in England. “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 –but all other Laws of Scotland, to remain as before. “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 private Right, except for evident Utility of the Subjects within Scotland.
Court of Session to continue; “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 Rules concerning it. 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 Publick 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. Court of Justiciary to continue. 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 to continue.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; Proviso, for all Heretable Rights of Admiralty and Vice-Admiralty. 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 that all other All other Courts in Scotland to remain;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 no Causes in Scotland, to be cognisable by the Courts of Westminster-hall in England.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 cognosce, review, or alter the Acts or Sentences of the Judicatures within Scotland, or stop the Execution of the same; and that there be a A Court of Exchequer to be erected in Scotland;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 that after the Union,–and Privy Council to continue, if the Queen please. 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.
Proviso, for Heretable Offices. “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.
Proviso, for the Rights of Royal Burghs. “That the Rights and Privileges of the Royal Burghs in Scotland, as they now are, do remain entire after the Union, and notwithstanding thereof.
Sixteen Peers, and forty five Commoners, from Scotland, to sit in the Parliament of Great Britain. “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 Manner of Electing them.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 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: Parliament not to meet till 50 days after Proclamation.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 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 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, 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 Majesty’s 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 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 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.
The sixteen Peers shall have all the privileges of Parliament; “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 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: –particularly, at the trial 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; Peers of Scotland shall enjoy all Privileges of 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–and shall be tried as Peers of Great Britain. 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.
One Great Seal of Great Britain, “That from and after the Union, there be one Great Seal for the United Kingdom of Great Britain, which shall be different from the Great Seal now used in either Kingdom; and that the Quartering the Arms, and the Rank and Precedency of the Lyon King of Arms of the Kingdom of Scotland, as may best suit the Union, be left to Her Majesty: And that in the mean time, the Great Seal of England be used as the Great Seal of the United Kingdom, and that the Great Seal of the United Kingdom be used for Sealing Writs to Elect and 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, –except in Matters which concern each Kingdom, separately.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. Crown, &c. to be kept in Scotland, as at present.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 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 the Union.
All Laws, contrary to these Articles, to be void. “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.”
Thus, was compleated a Work of equal Difficulty and Importance, viz. the perpetual Union of England and Scotland, in the same Prince, the same Parliament, the same name of Great Britain, and the same Privileges of Trade and Commerce.
The Union made more entire, by several Acts since. Since which time, several Acts have been made by the Parliament of Great Britain, to render the Union of the two Kingdoms more entire and complete. By one of those Acts, it is provided,Stat. 6 Ann’. c.6. That there shall be but one Privy Council for the Kingdom of Great Britain; and, That Justices of Peace shall be appointed in North Britain, with the addition of all Powers used and practised by those in South Britain. And by another, Stat. 7 Ann’. c.21.That the Laws relating to Treason, and Misprision of Treason, and the Trial thereof, in the two United Kingdoms, shall be the very same.
May the God of Peace and Concord prosper and establish this happy Union, and also improve it more and more; as shall be most for his Glory, the honour of our Gracious Soveraign, and the strength and interest of this most potent and flourishing Island.⌉
Last updated Monday, December 22, 2014 at 10:48