|
| Whereas Articles of Union were agreed on the Twenty
Second day of July in the Fifth year of Your Majesties
reign by the Commissioners nominated on behalf of the
Kingdom of England under Your Majesties Great Seal of
England bearing date at Westminster the Tenth day of
April then last past in pursuance of an Act of Parliament
made in England in the Third year of Your Majesties
reign and the Commissioners 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 year of Your Majesties Reign in
pursuance of the Fourth Act of the Third Session of the
present Parliament of Scotland to treat of and concerning
an Union of the said Kingdoms And Whereas an Act
hath passed in the Parliament of Scotland at Edinburgh
the Sixteenth day of January in the Fifth year of Your
Majesties reign wherein 'tis mentioned that the Estates of
Parliament considering the said Articles of Union of the
two Kingdoms had agreed to and approved of the said
Articles of Union with some Additions and Explanations
And that Your Majesty with Advice and Consent 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 inserted in any Act ratifying the Treaty and
expressly declared to be a fundamental and essential
Condition of the said Treaty or Union in all times
coming the Tenor of which Articles as ratified and
approved of with Additions and Explanations by the said
Act of Parliament of Scotland follow
| No textual amendments |
Article
I | That the Two Kingdoms of Scotland and England shall
upon the first day of May next ensuing the date hereof
and forever 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
| No textual amendments |
Article
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 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 twelth year of the Reign of His
late Majesty King William the Third entituled 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 Papists 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
entituled An Act declaring the Rights and Liberties of
the Subject and settling the Succession of the Crown
| •Re Succession
No textual amendments
|
Article
III | That the United Kingdom of Great Britain be
Represented by one and the same parliament to be stiled
the Parliament of Great Britain
| •Re Parliament of Great Britain
No textual amendments
|
Article
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 otherwayes
expressly agreed in these Article
| •Re Free Trade
No textual amendments
|
Article
V | (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 build of Great Britain;...........................)
| •Re foreign ships and registration of ships
Entire Article repealed by Statute Law Revision Act 1867 (c 59) Sch
|
Article
VI | 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 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 lyable to any other Duties
either on the publick or private Accounts than these
Duties to which the Cattle of England are or shall be
lyable 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
payed two shilling and six pence Sterling for every
quarter of the oatmeal 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 Importation of Victual into Scotland from any
place beyond Sea would prove a discouragement to
Tillage, therefore that the Prohibition now in force by
the Law of Scotland against importation of Victual 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 effectuall ways be provided by the
Parliament of Great Britain for discouraging the
Importation of the said Victual from beyond Sea)
| •Re exceptions for certain export duties
Words from "excepting and reserving" to "as before the same" repealed by Statute Law Revision Act 1948 (c 62) Sch. 1
Words from "And that from and after" onwards repealed by Statute Law (Repeals) Act 1973 (c 39) Sch.1 Part XIII
Words from "and seeing" to end repealed by Statute Law Revision Act 1867 (c 59), Sch
|
Article
VII |
That all parts of the United Kingdom be for ever from
and after the Union lyable 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 the
eight part of the Scots Gallon, be not after the Union
lyable on account of the present Excise upon Exciseable
Liquors in England, to any higher Imposition than two
shillings Sterling upon the forsaid thirty four Gallons
English barrel, being twelve gallons the presnt Scots
measure And that the Excise settled in England on all
other Liquors when the Union commences take place
throughout the whole United Kingdom)
| •Re exception for duty on Scottish beer or ale
Words from "excepting only that" to end repealed by Statute Law Revision Act 1948 (c 62), Sch 1
|
Article
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..........)
| •Re duty on salt
Entire Article repealed by Statute Law Revision Act 1867 (c 59) Sch
|
Article
IX | (That whenever the sum of One million, nine 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 as a Land tax;..........)
| •Re land tax
Entire Article repealed by Statute Law (Repeals) Act 1973 (c 39), Sch 1 Part XIII
|
Article
X | (Re duties payable on vellum and parchment)
| •Re duties payable on vellum and parchment
Entire Article repealed by Statute Law Revision Act 1867 (c 59) Sch
|
Article
XI | (Re duties payable on windows and light)
| •Re duties payable on windows and light
Entire Article repealed by Statute Law Revision Act 1867 (c 59) Sch
|
Article
XII | (Re duties payable on coal and cinders)
| •Re duties payable on coal and cinders
Entire Article repealed by Statute Law Revision Act 1867 (c 59) Sch
|
Article
XIII | (Re duties payable on malt)
| •Re duties payable on malt
Entire Article repealed by Statute Law Revision Act 1867 (c 59) Sch
|
Article
XIV | (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 publick Charge
and Service of that Kingdom for the year 1707 ..........)
| •Re further provisions on duties
Entire Article repealed by Statute Law Revision Act 1867 (c 59) Sch
|
Article
XV | (.....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
manner following..........)
| •Re payment of sum of money to Scotland
Entire Article repealed by Statute Law Revision Act 1867 (c 59) Sch
|
Article
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 Alteration as Her Majesty Her
Heirs or Successors, or the Parliament of Great Britain
shall think fit)
| •Re continuation of Scottish Mint
Words from "and a Mint" to end repealed by Statute Law Revision Act 1867 (c 59) Sch
|
Article
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 Burroughs
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 Burroughs from the Standards kept in
the Exchequer at Westminster, subject nevertheless to
such Regulations as the Parliament of Great Britain
shall think fit)
| •Re use of English weights and measures
Entire Article repealed by Weights and Measures Act 1878 (c 49) Sch 6 Part I
|
Article
XVIII | That the Laws concerning Regulatin of Trade, Customs
and such Excises to which Scotland is by virtue of this
Treaty to be lyable be the same in Scotland from and
after the Union as in England and that all other Lawes in
use with 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 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.
| No textual amendments |
Article
XIX | 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
Priviledges 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 the Ordinary Lords of Session
but such who have served in the Colledge of Justice as
Advocats 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 Advocats 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
Kindom and with the same Authority and Priviledges 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 Admirall or Commissioner 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 alwayes 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 Heritable Rights of Admiralty and Vice-Admiralties
in Scotland be reserved to the respective Proprietors as
Rights of Property subject nevertheless as to the manner
in Exercising such Heritable 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 are now to the Supream
Courts of Justice within the same in all time coming And
that no Causes in Scotland be cognoscible by the Courts
of Chancery, Queens-Bench, Common-Pleas or any
other Court in Westminster-hall And that the said Courts
or any other of the like nature after the Unions 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 Turories, 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 Queens
Majesty and Her Royal Successors, may Continue a
Privy Council in Scotland for the 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.)
| •Re admiralty jurisdictions and Admiralty Court
Words from "And that all admiralty jurisdictions" to "proper to be made by the Parliament of Great Britain" repealed by the Statute Law (Repeals) Act 1973 (c 39) Sch 1 Part XIII
But: Court of Admiralty abolished by the Court of Session Act 1830 (c 69) s 21.
Functions of Courts of Chancery, Queen's Bench and Common Pleas at Westminster now exercisable by High Court; Supreme Court of Judicature (Consolidation) Act 1925, s. 18(2)
•Re Court of Exchequer in Scotland
Words from "And that there be a Court of Exchequer" to the end repealed by the Satute Law (Repeals) Act 1973 (c 39) Sch 1 Part XIII
Words from "and that the said court" to the end repealed by Statute Law Revision Act 1948 (c 62) Sch 1
Words from "And that ater the Union" to the end repealed by Statute Law Revision Act 1867(c 59) Sch
But: Scottish Privy Council was abolished by the Union with Scotland (Amemdment) Act 1707.
|
Article
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
| •Re heritable jurisdictions
Article not formally repealed but heritable jurisdictions were abolished with effect from 1748 by 20 Geo 2 c 43 (Heritable Jurisdictions (Scotland) Act 1746) s 1
|
Article
XXI |
That the Rights and Privileges of the Royall Burroughs
in Scotland as they are now are Do Remain entire after
the Union and notwithstanding thereof
| •Re royal burghs
Article not formally repealed but royal burghs lost their functions in 1975—Local Government (Scotland) Act 1973 (c 65) s 1
|
Article
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 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 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 of this Treaty, in
such Manner as by an Act of 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 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;
which Time shall not be less that 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 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 in Stead
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 repreat the Declaration
mentioned in the 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 the Realm
and The Queen of this Realm' mentioned in the Oaths
and Declaration contained in the aforesaid Acts, which
were intended to signify the Crown and the Realm of
England, shall be understood of the Crown and Realm of
Great Britain; and that in the Sense the said Oaths and
Declaration be taken and subscribed by the Members of
both Houses of Parliament of Great Britain.
| •Re Scottish representation in House of Commons and House of Lords
Repealed in so far as it relates to the peers of Scotland by the Peerage Act 1963 (c 48) Sch 2
Words from "and that when" to "dissolved by Her Majesty" repealed by the Statute Law Revision Act 1867 (c 59) Sch
s 4, so far as it ratifies the words from "and that when" to the end, repealed by the Promissory Oaths Act 1871 (c 48) Sch 1 Pt II
Entire Article repealed by Statute Law (Repeals) Act 1993 (c 50), Sch 1 Part XI
In so far as it relates to number of Scottish MPs, modified (but not expressly amended) by
•Representation of the People (Scotland) Act 1832 (c 65)
•Representation of the People (Scotland) Act 1867 (c 48)
•Redistribution of Seats Act 1885 (c 23)
•Representation of the People Act 1918 (c 64)
•Representation of the People Act 1948 (c 65)
•Parliamentary Constituencies (Scotland) Order SI 1983/422
|
Article
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 tryals of Peers: And in case of the tryal
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 tryal, 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 sate in the last
preceding Parliament, shall be summoned in the same
manner and have the same powers and privileges (at
such tryals as any other 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 tryed 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 tryals of Peers)
| •Re privileges and rights of Peers
Words from "and particularly the right of sitting upon the trial of peers" to "at such trials as any other peers of Great Britain" and the words "and shall be tried as peers of Great Britain" and the words "and particularly the right of sitting upon the trials of peers" repealed by Criminal Justice Act 1948 (c 58) Sch 10 Part III
Repealed by Peerage Act 1963 (c 45), Sch 2 except for the words from "that all peers of Scotland" to "enjoy the same"
|
Article
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 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 Forreign Princes and States 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 alwayes 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 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 generall and particular and Warrands
thereof Continue to be keeped as they are within that
part of the United Kingdom now called Scotland and
that they shall so remain in all time coming
notwithstanding of the Union
| No textual amendments |
Article
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 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
As by the said Articles of Union ratified and approved
by the said Act of Parliament of Scotland relation
thereunto being had may appear
| No textual amendments |
| s 2 | II. And the Tenor of the aforesaid 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 Kingdoms it is
provided that the Commissioners for that Treaty should
not treat of or concerning any Alteration 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 Therefore
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 expressly 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
Colleges 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 College, or
School within this Kingdom, be capable to be admitted,
or allowed to continue in the Exercise of their said
Functions, but such as shall own and acknowledge the
Civil Government, in the Manner prescribed or to be
prescribed by 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
practice 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 Provision they may be thereto provided.)
| •Re preserving Church of Scotland
Some modifications made:
•Toleration for Episcopalians granted by the Scottish Episcopalians Act 1711 (c 7)
•Government and organisation of the Church of Scotland reorganised by the Church of Scotland Act 1921 (c 29)
•Power granted to the General Assembly of the Church of Scotland to amend the Confession of Faith required from ministers by the Churches (Scotland) Act 1905 (c 12) s 5
•Lay patronage restored by the Church Patronage (Scotland) Act 1711 (c 12)
•University professors to be Protestant
Words from "and that in all time coming no professors" to "may be thereto provided" repealed by Statute Law Revision Act 1948 (c 62), Sch 1
But: Article was modified before express repeal:
•The declaration of faith required from university professors was modified by the Universities (Scotland) Act 1853 (c 89) s 1,2
•School masters of burgh schools relieved of the obligation to make a declaration of faith by the Parochial and Burgh Schools (Scotland) Act 1861 (c 107) s 22.
•University professors relieved of obligation to make a declaration of faith by the Universities (Scotland) Act 1932 (c 26) s 5
|
| | And further Her Majesty with Advice aforesaid
expressly declares and statutes that none of the Subjects
of this Kingdom shall be liable to but 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 expressly
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 Conditions 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 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 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.
| |
| s 3 | III. And Whereas an Act hath passed in this present
Session of Parliament inituled 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 Commissioners 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 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.
And be it further enacted by the Authority aforesaid That
this Act and all and every the matters and things therein
contained be and shall for ever be holden and adjudged
to be a Fundamental and Essential part of any Treaty of
Union to be concluded between the said two Kingdoms
and also that this Act shall be inserted in express Terms
in any Act of Parliament which shall be made for settling
and ratifying any such Treaty of Union and shall be
therein declared to be an Essential and Fundamental part
thereof.
| •Re preserving Church of England
Words repealed by Statue Law (Repeals) Act 1973 (c 39) Sch Part III
|
| s 4 | IV. May It therefore please Your most Excellent Majesty
that it may be enacted and be it enacted by the Queen's
most Excellent Majesty by and with the Advice and
Consent 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
Articles of Union as ratified and approved by the said
Act of Parliament of Scotland as aforesaid and herein
before particularly mentioned and inserted 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 Articles and Act contained shall be and the
said Articles and Act are hereby for ever ratified
approved and confirmed.
| •Re ratification
Repealed in so far as ratifies the Articles repealed by the same Act by Statute Law Revision Act 1867 (c 59) Sch
Repealed in so far as it ratifies part of ArtXXII by Promissory Oaths Act 1871 (c 48) Sch 1 Part II
Repealed in so far as it ratifies part of Art.XXIII by Criminal Justice Act 1948 (c 58) Sch 10 Part III
|
| s 5 | V. And it is hereby further enacted 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 things 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 adjudged to
be and observed as Fundamental 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 fundamental parts of the said Articles and
Union And the said Articles of Union so as aforesaid
ratified approved and confirmed 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 enacted and ordained to be and continue in all
times coming the complete and intire Union of the two
Kingdoms of England and Scotland.
| •Re preservation of Church of Scotland and Church of England to be fundamental condition of the Union
No textual amendments
|
| s 6 | VI. And whereas since the passing the said Act in the
Parliament of Scotland for ratifying the said Articles of
Union one other Act intituled Act settling the manner of
electing 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.
| •Re selection of Peers and MPs
|
| | 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 is provided 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
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 the
said Sixteen Peers and Forty Five Members in the House
of Commons be named and chosen in such manner as by
a subsequent 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 Therefore Her Majesty with Advice and
Consent of the Estates of Parliament statutes 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 the Heirs or Successors to their Dignities and
Honours out of their own number and that by open
Election and Plurality of Voices of the Peers present and
of the Proxies for such as shall be absent the said Proxies
being Peers and producing a Mandate in Writing duly
signed before Witnesses and both the Constituent and
Proxy being qualified according to Law declaring also
that such Peers as are absent being qualified as aforesaid
may send to all such meetings Lists of the Peers whom
they judge fittest validly signed 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 the case of Death or legal incapacity of any of the said
Sixteen Peers that the aforesaid Peers of Scotland shall
nominate another of their own Number in place of the
said Peer or Peers in manner before and after mentioned
( . . . ) It is always hereby expressly provided and
declared that none shall be capable to elect or be elected
for any of the said Estates but such as are twenty one
years of Age complete ( . . . )
| |
| s 7 | VII. As by the said Act passed in Scotland for
settling the manner of electing the Sixteen Peers and
Forty Five Members to represent Scotland in the
Parliament of Great Britain may appear
Be it therefore further enacted and declared by the
Authority aforesaid That the said last mentioned Act
Passed in Scotland for settling the manner of electing the
Sixteen Peers and Forty Five Members to represent
Scotland in the Parliament of Great Britain as aforesaid
shall be and the same is hereby declared to be as valid as
if the same had been part of and engrossed in the said
Articles of Union ratified and approved by the said Act
of Parliament of Scotland and by this Act as aforesaid.
| Words repealed Statute Law Revision Act 1948 (c 62) Sch 1
No textual amendments
|
