Treaty of Union 1707

Act ratifying and approving treaty of the two kingdoms of Scotland and England. January 16, 1707.

1 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 the Ensigns Armorial of the said United Kingdom be such as Her Majesty shall appoint, and the Crosses of St. George and St. Andrew 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.

2 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 the Third, entitled, An Act for the further Limitation of the Crown, and better securing the Rights and Liberties of the Subject (Act of Settlement): 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.

3 That the United Kingdom of Great Britain be represented by One and the same Parliament, to be styled, the Parliament of Great Britain.

4 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.

5 That all ships and 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.

6 That all parts of the United Kingdom for ever 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 from and after the Union no Scots cattle carried into England shall be liable to any other duties than these duties to which the cattle of England are or shall be liable.

7 That all parts of the United Kingdom be for ever from and after the Union liable to the same excises upon all exciseable liquors.

8 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.

9 That whenever the sum of £1,997,763, 8s. 4.5d. shall be enacted 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 proportionably.

10-13 Scotland exempted from existing English duties on stamped paper, vellum and parchment, windows and lights, coal, culm and cinders, and malt.

14 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.

15 Whereas Scotland will become liable to customs and excise duties which will be applicable to the payment of England's existing National Debt, and whereas the yield of these duties will increase and a portion of the increase will be applied to the same end, Scotland is to receive as an Equivalent: 1) a lump sum of £398,085 10s. and 2) the increase in Scotland's customs and excise revenue for the first seven years after the Union, and thereafter such part of the increase as would be required for the debt. This Equivalent is to be devoted to a) recompensing those who lost due to the standardising of the coinage, b) payment of the capital (with interest) advanced for the Company of Scotland (which is to be dissolved), c) the payment of the public debts of the Scottish Crown, and d) payment of £2,000 yearly for seven years to encourage the wool manufacture and thereafter to promote fisheries and other "manufactures and improvements."

16 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.

17 That from and after the Union, the same Weights and Measures shall be used throughout the United Kingdom, as are established in England.

18 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.

19 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 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 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 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 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 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 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 now are, to the Supreme Courts of Justice within the same in all time coming; And that no Causes in Scotland be Cognisable 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 to 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; and that after the Union, the Queen's Majesty, and her Royal Successors, may continue a Privy Council in Scotland, for preserving of public Peace and Order, until the Parliament of Great Britain shall think fit to alter it, or establish any other effectual method for that end.

20 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 of this Treaty.

21 That the Rights and Privileges of the Royal Burghs in Scotland, as they now are, do remain entire after the Union, and notwithstanding thereof.

22 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 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 the Lords of Parliament of England and the Sixteen Peers of Scotland and the Members of the House of Commons of the said Parliament of England and the Forty-Five Members for Scotland 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.

23 That the aforesaid Sixteen Peers mentioned in the last preceeding 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 Trails of Peers; And that all Peers of Scotland, and their Successors in 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 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.

24 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 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 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 Court 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. And the Crown, Sceptre, and Sword of State, the Records of Parliament, and all other Records, Rolls, and Registers whatsoever, both Public 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.

25 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.