The preface of the Act of Union
ACT RATIFYING AND APPROVING TREATY OF THE TWO KINGDOMS OF SCOTLAND AND ENGLAND. January 16, 1707.
The Estates of Parliament considering that articles of Union of the Kingdoms of Scotland and England were agreed on the 22nd of July 1706 years, by the commissioners nominated on behalf of this kingdom, under Her Majesty's Great Seal of Scotland, bearing date the 27th of February last past, in pursuance of the fourth Act of the third Session of this Parliament, and the commissioners nominated on behalf of the kingdom of England, under Her Majesty's Great Seal of England, bearing date at Westminster the 10th day of April last past, in pursuance of an Act of Parliament made in England the third year of Her Majesty's reign, to treat of and concerning a union of the said kingdoms; which articles were, in all humility, presented to Her Majesty upon the 23rd of the said month of July, and were recommended to this Parliament by Her Majesty's royal letter of the date the 31st day of July, 1706; and that the said Estates of Parliament have agreed to, and approven of the said Articles of Union, with some additions.
I That the two kingdoms of Scotland and England shall, upon the Ist day of May next ensuing the date hereof, and for ever after, be united into one kingdom by the name of Great Britain, and that the ensigns armorial of the said United Kingdom be such as Her Majesty shall appoint, and the crosses of St. Andrew and St. George be conjoined in such manner as Her Majesty shall think fit,and used in all flags, banners, standards and ensigns, both at sea and land.
II 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 Duchess Dowager of Hanover, and the heirs of her body, being Protestants, upon whom the crown of England Is settled by an Act of Parliament made in England in the twelfth year of the reign of His late Majesty King William III., entltuled, "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 Govermnent shall, from time to time, descend to, and be enjoyed by such person, being a P
III That the United Kingdom of Great Britain be represented by one and the same Parliament, to be styled the Parliament of Great Britain.
IV 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.
V . That all ships or vessels belonging to her Majesty's subjects of Scotland, at the time of ratifying the Treaty of Union of the two kingdoms in the Parliament of Scotland, though foreign built, be deemed and pass as ships of the build of Great Britain. The owner, or, where there are more owners, one or more of the owners, within twelve months after the 1st 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
VI That all parts of the United Kingdom forever,from and after the Union, shall have the same allowances, encouragements, and drawbacks, and be under the same prohibitions, restrictions, and regulations of trade, and liable to the same customs and duties on import and export; and that the allowances, encouragements, and drawbacks. prohibitions, restrictions, and regulations of trade, and the customs and duties on import and export settled in England, when the Union commences, shall, from and after the Union, take place throughout the whole United Kingdom excepting and reserving the duties upon export and import of such particular commodities from which any persons, the subjects of either kingdom, are specially liberated and 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
VII That all parts of the United Kingdom be forever from and after the Union, liable to the same excises upon all excisable liquors, excepting only that the thirty four gallons English barrel of beer or ale, amounting to twelve gallons Scots, present measure, sold in Scotland by the brewer at 9s. 6d. sterling, excluding all duties, and retailed, including duties and the retailer's profit, at 2d. the Scots pint, or eighth part of the Scots gallon, be not, after the Union, liable, on account of the present excise upon excisable liquors in England, to any higher imposition than 2s sterling upon the aforesaid 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.
VIII That, from and after the Union, all foreign salt which shall be imported into Scotland shall be charged, at the importation there, with the same duties as the like salt is now charged with, being imported into England, and to be levied and secured in the same manner. But in regard the duties of great quantities of foreign salt imported may be very heavy on the merchants importers, That therefore all foreign salt imported into Scotland shall be cellared and locked up under the custody of the merchant importer and the officers employed for levying the duties upon salt; and that the merchant may have what quantities thereof his occasion may require, not under a weigh of 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;
IX That whenever the sum of £ 1,997,763 8s. 4?d. shall be enacted by the Parliament of Great Britain, to be raised in that part of the United Kingdom now called England, on land and other things usually charged in Acts of Parliament there for granting an aid to the Crown by a land tax, that part of the United Kingdom now called Scotland shall be charged by the same Act with a further sum of £ 48,000 free of all charges, as the quota of Scotland to such tax, and so proportionally for any greater or lesser sum raised in England by any tax on land, and other things usually charged, together with the land; and that such quota for Scotland, in the cases aforesaid, be raised and collected in the same manner as the cess now is in Scotland but subject to such regulations in the manner of collecting as shall be made by the Parliament of Great Britain.
X That during the continuance of the respective duties on stamped paper, vellum, and parchment, by several Acts now in force in England, Scotland shall not be charged with the same respective duties
XI That during the continuance of the duties payable in England on windows and lights, which determines on the 1st day of August, 1710, Scotland shall not be charged with the same duties.
XII That during the continuance of the duties payable in England on coals, culm, and cinders, which determines the 30th day of September, 1710, Scotland shall not be charged therewith for coals, culm, and cinders consumed there, but shall be charged with the same duties as in England for all coal, culm, and cinders not consumed in Scotland.
XIII That during the continuance of the duty payable in England on malt, which determines the 4th day of June 1707, Scotland shall not be charged with that duty
XIV That the kingdom of Scotland be not charged with any other duties laid on by the Parliament of England before the Union, except those consented to in this Treaty, in regard, it is agreed, that all necessary provisions shall be made by the Parliament of Scotland for the public charge and service of that kingdom for the year 1707, provided nevertheless, that if the Parliament of England shall think fit to lay any further impositions by way of customs or such excises, with which, by virtue of this Treaty, Scotland is to be charged equally with England, in such case Scotland shall be liable to the same customs and excises, and have an equivalent to be settled by the Parliament of Great Britain; with this further provision, that any malt to be made and consumed in that part of the United Kingdom now called Scotland shall not be charged with any imposition upon malt during this present war. And seeing it cannot be supposed that the Parliament
XV Whereas by the terms of this Treaty the subjects of Scotland, for preserving an equality of trade throughout the United Kingdom, will be liable to several customs and excises now payable in England, which will be applicable towards payment of the debts of England contracted before the Union, it is agreed that Scotland shall have an equivalent for what the subjects thereof shall be so charged towards payment of the said debts of England in all particulars whatsoever in manner following, viz., that before the union of the said kingdoms the sum of £ 398,085 10s. be granted to Her Majesty by the Parliament of England for the uses after mentioned, being the equivalent to be answered to Scotland for such parts of the said customs and excises upon all excisable liquors with which that kingdom is to be charged upon the Union as will be applicable to the payment of the said debts of England, according to the proportions which the present customs in Scotland.
XVI 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.
XVII 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.
XVIII That the laws concerning regulation of trade, customs, and such excises to which Scotland is, by virtue of this Treaty, to be liable, be the same in Scotland, from and after the Union, as in England, and that all other laws in use within the kingdom of Scotland do, after the Union, and notwithstanding thereof, remain in the same force as before (except such as are contrary to or inconsistent with this Treaty), but alterable by the Parliament of Great Britain; with this difference betwixt the laws concerning public right, policy, and civil government, and those which concern private right, that the laws which concern public right, policy, and civil government may be made the same throughout the whole United Kingdom, but that no alteration be made in laws which concern private right, except for evident utility of the subjects within Scotland.
XIX That the Court of Session, or College of Justice, do, after the Union, and notwithstanding thereof, remain in all time coming within Scotland, as it is now constituted by the laws of that kingdom, and with the same authority and privileges as before the Union, subject, nevertheless, to such regulations, for the better administration of justice, as shall be made by the Parliament of Great Britain ; and that hereafter none shall be named by Her Majesty, or her royal successors, to be ordinary Lords of Session, but such who have served in the College of Justice as advocates, or principal clerks of Session, for the space of five years, or as Writers to the Signet for the space of ten years, with this provision, that no Writer to the Signet be capable to be admitted a Lord of the Session, unless he undergo a private and public trial on the civil law before the Faculty of Advocates, and be found by them qualified for the said office two years before he be name
XX That all heritable offices, superiorities, heritable jurisdictions, offices for life, and jurisdictions for life, be reserved to the owners thereof, as rights of property, in the same manner as they are now enjoyed by the laws of Scotland, notwithstanding of this Treaty.
XXI That the rights and privileges of the royal burghs in Scotland, as they now are, do remain entire after the Union, and notwithstanding thereof.
XXII 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 fortyfive the number of the representatives of Scotland in the House of Commons of the Parliament of Great Britain; and that when Her Majesty, her heirs or successors, shall declare her or their pleasure for holding the first or any subsequent Parliament of Great Britain, until the Parliament of Great Britain shall make further provision therein, a writ do Issue under the Great Seal of the United Kingdom, directed to the Privy Council of Scotland, commanding them to cause sixteen Peers, who are to sit in the House of Lords, to be summoned to Parliament, and forty-five members to be elected to sit in the House of Commons of the Parliament of Great Britain, according to the agreement in this Treaty, in such manner as by a subsequent Act of this present session of the Parliament of Scotland.
XXIII That the foresaid sixteen peers of Scotland, mentioned in the last preceding article, to sit in the House of Lords of the Parliament of Great Britain, shall have all privileges of Parliament which the peers of England now have, and which they or any peers of Great Britain shall have after the Union, and particularly the right of sitting upon the trials of peers; and in case of the trial of any peer in time of adjournment or prorogation of Parliament, the said sixteen peers shall be summoned in the same manner and have the same powers and privileges at such trial as any other peers of Great Britain. And that, in case any trials of peers shall hereafter happen when there is no Parliament in being, the sixteen peers of Scotland who sat in the last preceding Parliament shall be summoned in the same manner and have the same powers and privileges at such trials as any other peers of Great Britain.
XXIV 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; anti that, in the meantime, the Great Seal of England be used as the Great Seal of the United Kingdom, and that the Great Seal of the United Kingdom be used for sealing writs to elect and summon the Parliament of Great Britain, and for sealing all treaties with foreign princes and states, and all public acts, instruments, and orders of state which concern the whole United Kingdom, and in all other matters relating to England, as the Great Seal of England is now used; and that a seal in Scotland, after the Union, be always kept, and made use of in all things relating to private rights or grants, which have usually passed.
XXV 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 one 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.