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. [S. 4 so far as it ratifies Art. VIII. is repealed by 30 & 31 Vict. c. 59 (S.L.R.).] ARTICLE IX. LAND TAX.-That whensoever the sum of one million nine hundred ninety seven thousand seven hundred and sixty three pounds eight shillings and four pence half peny 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. [S. 4 so far as it ratifies Arts. X.-XV. is repealed by 30 & 31 Vict. c. 59 (S.L.R.).] COIN. ARTICLE XVI. (1) That from and after the union the coin shall be of the same standard and value throughout the United Kingdom as now in England 1 S. 4 so far as it ratifies Art. XVI. in part is repealed by 30 & 31 Vict. c. 59 (S. L.R.). LAWS CONCERNING PUBLIC RIGHTS PRIVATE RIGHTS.-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 publick right policy and civil government and those which concern private right [that the laws which concern publick right1] 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. 1 interlined on the roll. COURT OF SESSION-WRITERS TO THE SIGNET ADMITTED LORDS OF SESSION-COURT OF JUSTICIARY-ADMIRALTY JURISDICTIONS AND COURTS OF ADMIRALTY-OTHER COURTS -CAUSES IN SCOTLAND NOT COGNIZABLE IN COURTS IN WESTMINSTER HALL-COURT OF EXCHEQUER. That the Court of Session or colledge 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 colledge 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 tryal on the civil law before the faculty of advocates and be found by them qualified for the said office two years before he be named to be a lord of the session yet so as the qualifications made or to be made for capacitating persons to be named ordinary lords of session may be altered by the Parliament of Great Britain And that the Court of Justiciary do also after the union and notwithstanding thereof remain in all time coming within Scotland as it is now constituted by the laws of that kingdom and with the same authority and privileges as before the union subject nevertheless to such regulations as shall be made by the Parliament of Great Britain and without prejudice of other rights of justiciary And that all admiralty jurisdictions be under the lord high admiral or commissioners for the admiralty of Great Britain for the time being and that the Court of Admiralty now established in Scotland be continued and that all reviews reductions or suspensions of the sentences in maritime cases competent to the jurisdiction of that court remain in the same manner after the union as now in Scotland until the Parliament of Great Britain shall make such regulations and alterations as shall be judged expedient for the whole United Kingdom so as there be always continued in Scotland a Court of Admiralty such as in England for determination of all maritime cases relating to private rights in Scotland competent to the jurisdiction of the Admiralty Court subject nevertheless to such regulations and alterations as shall be thought proper to be made by the Parliament of Great Britain And that the heretable rights of the 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 courts now being within the kingdom of Scotland do remain but subject to alterations by the Parliament of Great Britain and that all inferior courts within the said limits do remain subordinate as they are now to the supreme courts of justice within the same in all time coming And that no causes in Scotland be cognoscible by the courts of Chancery Queen's Bench Common Pleas or any other court in Westminster Hall and that the said courts or any other of the like nature after the union shall have no power to 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 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 2 S. 4 so far as it ratifies Art. XIX. in part is repealed by 30 & 31 Vict. c. 59 (S. L.R.). ARTICLE XX. HERITABLE OFFICES, &c.-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. ARTICLE XXI. 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. ARTICLE XXII. (1) SIXTEEN PEERS OF SCOTLAND.-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. 1 S. 4 so far as it ratifies Art. XXII. in part is repealed by 30 & 31 Vict. c. 59 (S. L.R.), and 34 & 35 Vict. c. 48. ARTICLE XXIII. PRIVILEGES OF THE SIXTEEN PEERS OF SCOTLAND.-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 priviledges 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 the 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 tryals of peers shall hereafter happen when there is no Parliament in being the sixteen peers of Scotland who sat at the last preceding Parliament shall be summoned in the same ARTICLE XXIV. HERALDRY-GREAT SEAL-SEAL KEPT IN SCOTLAND-PRIVY SEAL, &C. IN Scotland— 1 notwithstanding 0. ARTICLE XXV. LAWS INCONSISTENT WITH THE ARTICLES, VOID.—That all laws and statutes in either As by the said articles of union ratified and approved by the said Act of Parliment 2 thereunto being O. 2. ACTS OF SCOTLAND HEREIN MENTIONED, CONFIRMED- -UNIVERSITIES AND COLLEGES Our soveraign lady and the estates of Parliament considering that by the late Act of the worship discipline and government of the Church of this kingdom as now by law established which treaty being now reported to the Parliament and it being reasonable and necessary that the true Protestant religion as presently professed within this kingdom with the worship discipline and government of this Church should be effectually and unalterably secured before her Majesty with advice and consent of the said estates of Parliament doth hereby establish and confirm the said true Protestant religion and the worship discipline and government of this Church to continue without any alteration to the people of this land in all succeeding generations and more especially her Majesty with advice and consent aforesaid ratifies approves and for ever confirms the fifth Act of the first Parliament of King William and Queen Mary intituled Act ratifying the confession of faith and settling Presbyterian Church government with all other Acts of Parliament relating thereto in prosecution of the declaration of the estates of this kingdom containing the claim of right bearing date the eleventh of April one thousand six hundred and eighty nine And her Majesty with advice and consent aforesaid expresly provides and declares that the foresaid true Protestant religion contained in the above mentioned confession of faith with the form and purity of worship presently in use within this Church and its Presbyterian Church government and discipline (that is to say) the government of the Church by kirk sessions presbyteries provincial synods and general assemblies all established by the foresaid Acts of Parliament pursuant to the claim of right shall remain and continue unalterable and that the said Presbyterian government shall be the only government of the Church within the kingdom of Scotland. And further for the greater security of the foresaid Protestant religion and of the worship discipline and government of this Church as above established her Majesty with advice and consent foresaid statutes and ordains that the universities and colledges of Saint Andrew's Glasgow Aberdeen and Edinburgh as now established by law shall continue within this kingdom for ever and that in all time coming no professors principals regents masters or others bearing office in any university colledge or school within this kingdom be capable or be admitted or allowed to continue in the exercise of their said functions but such as shall own and acknowledge the civil government in manner prescribed or to be prescribed by the Acts of Parliament as also that before or at their admissions they do and shall acknowledge and profess and shall subscribe to the foresaid confession of faith as the confession of their faith and that they will practise and conform themselves to the worship presently in use in this Church and submit themselves to the government and discipline thereof and never endeavour directly or indirectly the prejudice or subversion of the same and that before the respective presbyteries of their bounds by whatsoever gift presentation or provisions they may be thereto provided. And further her Majesty with advice aforesaid expresly declares and statutes that none of the subjects of this kingdom shall be liable to put all and every one of them for ever free of any oath test or subscription within this kingdom contrary to or inconsistent with the foresaid true Protestant religion and Presbyterian Church government worship and discipline as above established and that the same within the bounds of this Church and kingdom shall never be imposed upon or required of them in any sort And lastly that after the decease of her present Majesty (whom God long preserve) the soveraign succeeding to her in the royal government of the kingdom of Great Britain shall in all time coming at his or her accession to the crown swear and subscribe that they shall inviolably maintain and preserve the foresaid settlement of the true Protestant religion with the government worship discipline right and privileges of this Church as above established by the laws of this kingdom in prosecution of the claim of right. And it is hereby statute and ordained that this Act of Parliament with the establishment therein contained shall be held and observed in all time coming as a fundamental and essential condition of any treaty or union to be concluded betwixt the two kingdoms without any alteration thereof or derogation thereto in any sort for ever As also that this Act of Parliament and settlement therein contained shall be insert and repeated in any Act of Parliament that shall pass for agreeing and concluding the foresaid treaty or union betwixt the two kingdoms and that the same shall be therein expresly declared to be a fundamental and essential condition of the said treaty or union in all time coming which articles of union and Act immediately above written her Majesty with advice and consent aforesaid statutes enacts and ordains to be and continue in all time coming the sure and perpetual foundation of a compleat and entire union of the two kingdoms of Scotland and England under the express condition and provision that this approbation and ratification of the foresaid articles and Act shall be no ways binding on this kingdom until the said articles and Act be ratified approved and confirmed by her Majesty with and by the authority of the Parliament of England as they are now agreed to approved and confirmed by her Majesty with and by the authority of the Parliament of Scotland declaring nevertheless that the Parliament of England may provide for the security of the Church of England as they think expedient to take place within the bounds of the said kingdom of England and not derogating from the security above provided for establishing of the Church of Scotland within the bounds of this kingdom as also the said Parliament of England may extend the additions and other provisions contained in the articles of union as above insert in favours of the subjects of Scotland to and in favour of the subjects of England which shall not suspend or derogate from the force and effect of this present ratification but shall be understood as herein included without the necessity of any new ratification in the Parliament of Scotland. And lastly her Majesty enacts and declares that all laws and statutes in this kingdom so far they are contrary to or inconsistent with the terms of these articles as above mentioned shall from and after the union cease and become void. 3. 6 ANN. c. 8.—And whereas an Act hath passed in this present session of Parliament intituled An Act for securing the Church of England as by law established the tenor whereof follows Whereas by an Act made in the session of Parliament held in the third and fourth year of her Majesties reign whereby her Majesty was impowered to appoint commissioners [under the great seal of England to treat with commissioners1] to be authorized by the Parliament of Scotland concerning an union of the kingdoms of England and Scotland it is provided and enacted that the commissioners to be named in pursuance of the said Act should not treat of or concerning any alteration of the liturgy rites ceremonies discipline or government of the Church as by law established within this realm And whereas certain commissioners appointed by her Majesty in pursuance of the said Act and also other commissioners nominated by her Majesty by the authority of the Parliament of Scotland have met and agreed upon a treaty of union of the said kingdoms which treaty is now under the consideration of this present Parliament And whereas the said treaty (with some alterations therein made) is ratified and approved by Act of Parliament in Scotland and the said act of ratification is by her Majesties royal command laid before the Parliament of this kingdom And whereas it is reasonable and necessary that the true Protestant religion professed and established by law in the Church of England and the doctrine worship discipline and government thereof should be effectually and unalterably secured Be it enacted by the Queens most excellent Majesty by and with the advice and consent of the lords spiritual and temporal and the commons in this present Parliament assembled and by authority of the same that an Act made in the thirteenth year of the reign of Queen Elizabeth of famous memory intituled An Act for the ministers of the Church to be of sound religion and also another Act made in the thirteenth year of the reign of the late King Charles the Second intituled An Act for the uniformity of the publick prayers and administration of sacraments and other rites and ceremonies and for establishing the form of making ordaining and consecrating bishops priests and deacons in the Church of England (other than such clauses in the said Acts or either of them as have been repealed or altered by any subsequent Act or Acts of Parliament) and all and singular other Acts of Parliament now in force for the establishment and preservation of the Church of England and the doctrine worship discipline and government thereof shall remain and be in full force for ever And be it further enacted by the authority aforesaid that after the demise of her Majesty (whom God long preserve) the Sovereign next succeeding to her Majesty in the royal government of the kingdom of Great Britain and so for ever hereafter every King or Queen succeeding and coming to the royal government of the kingdom of Great Britain at his or her coronation shall in the presence of all persons who shall be attending assisting or otherwise then and there present take and subscribe an oath to maintain and preserve inviolably the said settlement of the Church of England and the doctrine worship discipline and government thereof as by law established within the kingdoms of England and Ireland the dominion of Wales and town of Berwick upon Tweed and the territories thereunto belonging. |