Union with Scotland Enactments 1702 of uk

Union with Scotland Enactments 1702 of uk

An Act for an Union of the Two fiefdoms of England and Scotland

utmost gracious Sovereign
Recital of papers of Union, dated 22d July, 5Ann.; and of an Act of Parliament passed in Scotland, 16th January, 5 Ann.

Whereas papers of Union were agreed on the Twenty Alternate day of July in the Fifth time of Your Majesties reign by the Officers nominated on behalf of the Kingdom of England under Your Majesties Great Seal of England bearing date at Westminster the Tenth day of April also last history in performance of an Act of Parliament made in England in the Third time of Your Majesties reign and the Officers nominated on the behalf of the Kingdom of Scotland under Your Majesties Great Seal of Scotland bearing date the Twenty Seventh day of February in the Fourth time of Your Majesties Reign in performance of the Fourth Act of the Third Session of the present Parliament of Scotland to treat of and concerning an Union of the said fiefdoms
And Whereas an Act hath passed in the Parliament of Scotland at Edinburgh the Sixteenth day of January in the Fifth time of Your Majesties reign wherein ’t is mentioned that the Estates of Parliament considering the said papers of Union of the two fiefdoms had agreed to and approved of the said papers of Union with some Additions and Explanations And that Your Majesty with Advice and concurrence of the Estates of Parliament for establishing the Protestant Religion and Presbyterian Church Government within the Kingdom of Scotland had passed in the same Session of Parliament an Act intituled Act for securing of the Protestant Religion and Presbyterian Church Government which by the Tenor thereof was appointed to be fitted in any Act ratifying the Treaty and expressly declared to be a abecedarian and essential Condition of the said Treaty or Union in all times coming the Tenor of which papers as ratified and approved of with Additions and Explanations by the said Act of Parliament of Scotland follows

Composition-1
The fiefdoms United; Ensigns Armorial

That the two fiefdoms of England and Scotland shall upon the First day of May which shall be in the time One thousand seven hundred and seven and for ever later be united into one Kingdom by the name of Great Britain And that the Ensigns Armorial of the said United Kingdom be similar as Her Majesty shall appoint and the Crosses ofSt. George andSt. Andrew be conjoyned in similar manner as Her Majesty shall suppose fit and used in all Flags Banners norms and Ensigns both at Sea and Land.

Composition-2

Race to the Monarchy.

That the Race to the Monarchy of the United Kingdom of Great Britain and of the Dominions thereto belonging after Her utmost Sacred Majesty and in dereliction of Issue of Her Majesty be remain and continue to the most Excellent Princess Sophia Electoress and Dutchess Dowager of Hanover and the Heirs at law of her body being Protestants upon whom the Crown of England is settled by an Act of Parliament made in England in the Twelfth time of the reign of His late Majesty King William the Third intituled an Act for the farther Limitation of the Crown and better securing the rights and Liberites of the Subject And that all Papists and persons marrying Papists shall be barred from and for ever unable to inherit retain or enjoy the Imperial Crown of Great Britain and the Dominions thereunto belonging or any part thereof and in every similar Case the Crown and Government shall from time to time descend to and be enjoyed by similar person being a Protestant as should have inherited and enjoyed the same in case similar 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 time of the reign of Their late Majesties King William and Queen Mary intituled an Act declaring the Rights and Liberites of the Subject and settling the Race of the Crown.

Composition-3

Parliament.

That the United Kingdom of Great Britain be represented by one and the same Parliament to be stiled The Parliament of Great Britain.

Composition-4

Trade and Navigation and other Rights.

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 harborage or place within the said United Kingdom and the Dominions and Colonies thereunto belonging And that there be a Communication of all other Rights boons and Advantages which do or may belong to the Subjects of either Kingdom except where it’s else expressly agreed in these papers.

Composition -5

Regulations of Trade, Duties, &c.

That each corridor of the United Kingdom for ever from and after the Union shall have the same Allowances incentives and downsides and be under the same proscriptions restrictions and regulations of Trade and liable to the same Customs and Duties on Import and Export And that the Allowances incentives and downsides proscriptions 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 F2…

Composition-6

Excise.

That all corridor of the United Kingdom be for ever from and after the Union liable to the same Excise upon all exciseable Liquors

Composition-7
Coin.

That from and after the Union the Coin shall be of the same Standard and value throughout the United Kingdom as now in England

Composition -8

Laws concerning public rights. Private rights

That the Laws concerning regulation of Trade Customs and similar 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 ahead( except similar as are contrary to or inconsistent with this Treaty) but adjustable 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 revision be made in Laws which concern private right Except for apparent mileage of the Subjects within Scotland

Composition-9

Court of Session. pens to the Signet admitted Lords of Session. Court of Justiciary. Other Courts. Causes in Scotland not cognizable in Courts in Westminster Hall.

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’s now constituted by the Laws of that Kingdom and with the same authority and boons as before the Union Subject nonetheless to similar regulations for the better Administration of Justice as shall be made by the Parliament of Great Britain and that henceforth none shall be named by Her Majesty or Her Royal Successors to be ordinary Lords of Session but similar who have served in the Colledge of Justice as lawyers or star Clerks of Session for the Space of Five times or as pens to the Signet for the Space of ten times with this provision that noWriter to the Signet be able to be admitted a Lord of the Session unless he suffer a private and publick Tryal on the Civil Law before the Faculty of lawyers and be set up by them qualified for the said Office two times 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’s now constituted by the Laws of that Kingdom and with the same authority and boons as before the Union Subject nonetheless to similar regulations as shall be made by the Parliament of Great Britain and without prejudice of other rights of Justiciary F7… And that the heretable rights of Admiralty and Vice Admiralties in Scotland be reserved to the separate possessors as rights of property Subject nonetheless as to the manner of exercising similar heretable rights to similar regulations and differences as shall be allowed 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 differences by the Parliament of Great Britain And that all inferior Courts within the said limits do remain Inferior as they’re 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 suchlike nature after the Union shall have no Power to cognosce review or alter the Acts or rulings of the Judiciaries within Scotland or stop the prosecution of the same

Composition-10

inheritable services, &c.

That each Heretable services Superiorities Heretable authorities services for Life and authorities for Life be reserved to the possessors thereof as Rights of Property in the same manner as they’re now enjoyed by the Laws of Scotland notwithstanding this Treaty.

Composition-11

Royal Burghs.

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

Composition-12

boons of the Sixteen Peers of Scotland.

That all Peers of Scotland and their Successors to their Honours and Class shall from and after the Union be Peers of Great Britain and have rank and precedency coming and incontinently after the Peers of the suchlike Orders and Degrees in England at the time of the Union and ahead all Peers of Great Britain of the suchlike Orders and Degrees who may be created after the Union F11… and shall enjoy all boons of Peers as completely as the Peers of England do now or as they or any other Peers of Great Britain may henceforth enjoy the same

Composition-13

Heraldry; Great Seal; Seal kept in Scotland; Privy Seal, &c. in Scotland; Regalia

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 encamping the Arms and the rank and precedency of the Lyon King of Arms of the Kingdom of Scotland as may stylish 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 Writts to handpick and summon the Parliament of Great Britain and for sealing all covenants with foreign tycoons and countries and all Publick 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 effects relating to private rights or subventions which have generally passed the Great Seal of Scotland and which only concern services subventions Commissions and private rights within that Kingdom and that until similar Seal shall be appointed by Her Majesty the present Great Seal of Scotland shall be used for similar 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 acclimated to the State of the Union as Her Majesty shall suppose fit And the said Seals and all of them and the Keepers of them shall be subject to similar regulations as the Parliament of Great Britain shall henceforth make 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 clearances thereof continue to be kept as they’re within that part of the United Kingdom now called Scotland and that they shall so remain in all time coming notwithstanding the Union

Composition-14

Laws inconsistent with the Articles, void;

That each Laws and bills in either Kingdom so far as they’re contrary to or inconsistent with the Terms of these papers or any of them shall from and after the Union cease and come void and shall be so declared to be by the separate Congresses of the said fiefdoms. As by the said papers of Union ratified and approved by the said Act of Parliament of Scotland relation thereunto being had may appear

IIActs of Scotland herein mentioned, verified; Universities and sodalities of Saint Andrew, Glasgow, Aberdeen and Edinburgh, to continue; Subjects not liable to Oath, Test, or Subscription, inconsistant with the Presbyterian Church Government; Successor to swear to maintain the said agreement of Religion; This Act to be held a abecedarian Condition of Union, and to be fitted in any Act of Parliament for concluding the said Union; This Ratification of the said Articles not binding until they’re ratified by Parliament of England, &c.; Laws contrary to papers void.
And the Tenor of the forenamed Act for securing the Protestant Religion and Presbyterian Church Government within the Kingdom of Scotland is as follows.
Our Sovereign Lady and the Estates of Parliament considering that by the late Act of Parliament for a Treaty with England for an Union of both fiefdoms It’s handed that the Officers for that Treaty shouldn’t treat of or concerning any revision 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 thus Her Majesty with Advice and concurrence 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 revision to the People of this Land in all succeeding Generations And further especially Her Majesty with Advice and concurrence forenamed 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 execution of the protestation 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 concurrence forenamed expressly provides and declares that the foresaid true Protestant Religion contained in the over mentioned Confession of Faith with the Form and chastity 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 Diaconates Provincial Synods and General Assemblies all established by the foresaid Acts of Parliament pursuant to the Claim of Right shall remain and continue incommutable 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 over established Her Majesty with Advice and concurrence foresaid bills 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 F12…
And farther Her Majesty with Advice forenamed expressly declares and bills that none of the Subjects of this Kingdom shall be liable to but all and every one of them for ever free of any Pledge Test or Subscription within this Kingdom negative 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 noway be assessed upon or needed of them in any kind And incipiently that after the quietus of Her present Majesty( whom God long save) the Soveraign succeeding to Her in the Royal Government of the Kingdom of Great Britain shall by all time coming at His or Her Accession to the Crown swear and subscribe that they shall inviolably maintain and save the foresaid agreement of the true Protestant Religion with the Government Worship Discipline right and boons of this Church as over established by the Laws of this Kingdom in Prosecution of the Claim of Right
And it’s hereby enactment and ordained that this Act of Parliament with the Establishment therein contained shall be held and observed in all time coming as a Abecedarian and Essential Condition of any Treaty or Union to be concluded betwixt the two fiefdoms without any revision thereof or Derogation thereto in any kind 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 fiefdoms and that the same shall be therein expressly declared to be a Abecedarian and Essential Condition of the said Treaty or Union in all time coming which Articles of Union and Act incontinently above written Her Majesty with Advice and concurrence forenamed bills 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 fiefdoms of Scotland and England under the express Condition and provision that this favor and ratification of the foresaid papers and Act shall be no ways binding on this Kingdom until the said papers and Act be ratified approved and verified by Her Majesty with and by the Authority of the Parliament of England as they’re now agreed to approved and verified by Her Majesty with and by the Authority of the Parliament of Scotland declaring nonetheless that the Parliament of England may give for the Security of the Church of England as they suppose advisable to take place within the Bounds of the said Kingdom of England and not derogating from the Security above handed 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 vittles contained in the papers of Union as above insert in favours of the Subjects of Scotland to and in favours 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 incipiently Her Majesty enacts and declares that all Laws and bills in this Kingdom so far they’re contrary to or inconsistent with the Terms of these papers as above mentioned shall from and after the Union cease and come void.

Cap. 8 figure.

And Whereas an M1Act 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 time of Her Majesties reign whereby Her Majesty was impowered to appoint Officers under the Great Seal of England to treat with Officers to be authorized by the Parliament of Scotland concerning an Union of the fiefdoms of England and Scotland It’s handed and legislated that the Officers to be named in performance of the said Act shouldn’t treat of or concerning any revision of the Liturgy solemnities observances Discipline or Government of the Church as by Law established within this Realm And whereas certain Officers appointed by Her Majesty in performance of the said Act and also other Officers nominated by Her Majesty by the Authority of the Parliament of Scotland have met and agreed upon a Treaty of Union of the said fiefdoms which Treaty is now under the Consideration of this present Parliament And whereas the said Treaty( with some differences 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’s 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 legislated by the Queens most Excellent Majesty by and with the Advice and concurrence of the Lords Spiritual and Temporal and the Commons in this present Parliament assembled and by Authority of the same That an F13… Act made in the thirteenth time 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 solemnities and observances and for establishing the form of making ordaining and consecrating Bishops preachers and dominies in the Church of England( other than similar Clauses in the said Acts or either of them as have been repealed or altered by any posterior 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 legislated by the Authority aforesaid That after the Demise of Her Majesty( whom God long save) the Sovereign coming succeeding to Her Majesty in the Royal Government of the Kingdom of Great Britain and so for ever henceforth 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 aiding or else also and there present take and subscribe an Pledge to maintain and save inviolably the said agreement of the Church of England and the Doctrine Worship Discipline and Government thereof as by Law established within the fiefdoms of England and Ireland the Dominion of Wales and Town of Berwick upon Tweed and the homes thereunto belonging.
And be it further legislated by the Authority aforesaid That this Act and all and every the matters and effects therein contained be and shall for ever be holden and arbitrated to be a Abecedarian and Essential part of any Treaty of Union to be concluded between the said two fiefdoms and also that this Act shall be fitted in express Terms in any Act of Parliament which shall be made for settling and ratifying any similar Treaty of Union and shall be therein declared to be an Essential and Abecedarian part thereof.

The said Articles and Act of Parliament of Scotland verified;

May It thus please Your most Excellent Majesty that it may be legislated and be it legislated by the Queen’s most Excellent Majesty by and with the Advice and concurrence of the Lords Spiritual and Temporal and Commons in this present Parliament assembled and by Authority of the same That all and every the said papers of Union as ratified and approved by the said Act of Parliament of Scotland as forenamed and herein ahead particularly mentioned and fitted and also the said Act of Parliament of Scotland for establishing the Protestant Religion and Presbyterian Church Government within that Kingdom intituled Act for Securing the Protestant Religion and Presbyterian Church Government and every Clause matter and thing in the said papers and Act contained shall be and the said papers and Act are hereby for ever ratified approved and verified

Cap. 8 figure, and the said Act of Parliament of Scotland to be observed as abecedarian Conditions of the said Union; and the said papers and Acts of Parliament to continue the Union.
And it’s hereby farther legislated by the Authority aforesaid That the said Act passed in this present Session of Parliament intituled An Act for securing the Church of England as by Law established and all and every the matters and effects therein contained And also the said Act of Parliament of Scotland intituled Act for securing the Protestant Religion and Presbyterian Church Government with the Establishment in the said Act contained be and shall for ever be held and arbitrated to be and observed as Abecedarian and Essential Conditions of the said Union And shall in all times coming be taken to be and are hereby declared to be essential and abecedarian corridor of the said papers and Union And the said papers of Union so as forenamed ratified approved and verified by Act of Parliament of Scotland and by this present Act And the said Act passed in this present Session of Parliament intituled an Act for securing the Church of England as by Law established And also the said Act passed in the Parliament of Scotland intituled Act for securing the Protestant Religion and Presbyterian Church Government are hereby legislated and ordained to be and continue in all times coming the complete and intire Union of the two fiefdoms of England and Scotland

Recital of Act of Parliament of Scotland for settling Election of the Sixteen Peers and Forty- five Members for Scotland.

And whereas since the passing the said Act in the Parliament of Scotland for ratifying the said papers of Union one other Act intituled Act settling the manner of taking the Sixteen Peers and Forty Five Members to represent Scotland in the Parliament of Great Britain hath likewise passed in the said Parliament of Scotland at Edinburgh the Fifth day of February One thousand seven hundred and seven the Tenor whereof follows
Our Sovereign Lady considering that by the Twenty Second Article of the Treaty of Union as the same is ratified by an Act passed in this Session of Parliament upon the Sixteenth of January last It’s handed That by virtue of the said Treaty of the Peers of Scotland at the time of the Union Sixteen shall be the number to sit and bounce 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 the said Sixteen Peers and Forty Five Members in the House of Commons be named and chosen in similar manner as by a posterior Act in this present Session of Parliament in Scotland should be settled which Act is thereby declared to be as valid as if it were a part of and ingrossed in the said Treaty thus Her Majesty with Advice and concurrence of the Estates of Parliament bills enacts and ordains that the said Sixteen Peers who shall have right to sit in the House of Peers in the Parliament of Great Britain on the part of Scotland by virtue of this Treaty shall be named by the said Peers of Scotland whom they represent their Heirs at law or Successors to their Class and Honours out of their own number and that by open Election and Plurality of Voices of the Peers present and of the delegates for similar as shall be absent the said delegates being Peers and producing a Accreditation in Writing properly inked before substantiations and both the Constituent and Proxy being qualified according to Law declaring also that similar Peers as are absent being qualified as forenamed may shoot to all similar meetings Lists of the Peers whom they judge fittest validly inked by the said absent Peers which shall be reckoned in the same manner as if the parties had been present and given in the said List And in case of the Death or legal incapability of any of the said Sixteen Peers that the forenamed Peers of Scotland shall nominate another of their own Number in place of the said Peer or Peers in manner ahead and after mentioned F15… It’s always hereby expressly handed and declared that none shall be able to handpick or be tagged for any of the said Estates but similar as are twenty one times of Age complete

The said Act declared valid as if it had been Part of the said papers of Union

As by the said Act passed in Scotland for settling the manner of taking the Sixteen Peers and Forty Five Members to represent Scotland in the Parliament of Great Britain may appear
Be it thus further legislated and declared by the Authority aforesaid That the said last mentioned Act Passed in Scotland for settling the manner of taking the Sixteen Peers and Forty Five Members to represent Scotland in the Parliament of Great Britain as forenamed shall be and the same is hereby declared to be as valid as if the same had been part of and occupied in the said papers of Union ratified and approved by the said Act of Parliament of Scotland and by this Act as forenamed.