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| The Estates of Parliament Considering that Articles of
Union of the Kingdoms of Scotland and England were
agreed on the twenty second of July One thousand seven
hundred and six years by the Commissioners nominated on
behalf of this Kingdom under Her Majesties Great Seal of
Scotland bearing date the twenty seventh of February last
past in pursuance of the fourth Act of the third Session of
this Parliament and the Commissioners nominated on
behalf of the Kingdom of England under Her Majesties
Great Seal of England bearing date at Westminster the
tenth day of April last past in pursuance of an Act of
Parliament made in England the third year of Her
Majesties Reign to treat of and concerning an Union of the
said Kingdoms Which Articles were in all humility
presented to Her Majesty upon the twenty third of the said
Month of July and were Recommended to this Parliament
by Her Majesties Royal Letter of the date the thirty one
day of July One thousand seven hundred and six And that
the said Estates of Parliament have agreed to and approven
of the saids Articles of Union with some Additions and
Explanations as is contained in the Articles hereafter insert
And sicklyke Her Majesty with advice and consent of the
Estates of Parliament Resolving to Establish the Protestant
Religion and Presbyterian Church Government within this
Kingdom has past in this Session of Parliment an Act
entituled Act for secureing of the Protestant Religion and
Presbyterian Church Government which by the Tenor
thereof is appointed to be insert in any Act ratifying the
Treaty and expressly declared to be a fundamental and
essentiall Condition of the said Treaty or Union in all time
coming Therefore Her Majesty with advice and consent of
the Estates of Parliament in fortification of the
Approbation of the Articles as abovementioned And for
their further and better Establishment of the same upon
full and mature deliberation upon the forsaids Articles of
Union and Act of Parliament Doth Ratifie Approve and
Confirm the same with the Additions and Explanations
contained in the saids Articles in manner and under the
provision aftermentioned whereof the Tenor follows
| 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 provison 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 Articles
| •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 (Scotland) Act 1906 (c 38)
|
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
lyable 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
wholeUnited 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 `within the said Kingdom' repealed by Statute Law Revision (Scotland) Act 1964 (c 80), Sch 1
Words from "And seeing" to end repealed by Statute Law Revision (Scotland) Act 1906(c 38), Sch 1
|
Article
VII |
That all parts of the United Kingdom be for ever from and
after the Union lyable to the same Excises upon all
Excisable Liquors . . . (excepting only that the thirty four
Gallons English Barrel of Beer or Ale amounting to twelve
Gallons Scots present measure sold in Scotland by the
Brewer at 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 (Scotland) Act 1964(c 80), 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 (Scotland) Act 1906 (c. 38)
|
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 Revision (Scotland) Act 1964 (c 80), Sch 1
|
Article
X | (Re duties payable on vellum and parchment)
| •Re duties payable on vellum and parchment
Entire Article repealed by Statute Law Revision (Scotland) Act 1906 (c 38)
|
Article
XI | (Re duties payable on windows and light)
| •Re duties payable on windows and light
Entire Article repealed by Statute Law Revision (Scotland) Act 1906 (c 38)
|
Article
XII | (Re duties payable on coal and cinders)
| •Re duties payable on coal and cinders
Entire Article repealed by Statute Law Revision (Scotland) Act 1906 (c 38)
|
Article
XIII | (Re duties payable on malt)
| •Re duties payable on malt
Entire Article repealed by Statute Law Revision (Scotland) Act 1906 (c 38)
|
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 the publick
Charge and Service of that Kingdom for the year 1707
................)
| •Re further provisions on duties
Entire Article repealed by Statute Law Revision (Scotland) Act 1906 (c 38)
|
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 (Scotland) Act 1906 (c 38)
|
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 Alterations 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' repealed by Statute Law Revision (Scotland) Act 1906 (c 38)
|
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 speciall 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 Statute Law Revision (Scotland) Act 1906 (c. 38)
|
Article
XVIII |
That the Laws concerning Regulation 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
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 Law which concern publick
Right Policy and Civil Government may be made the same
througout 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 be 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 nevertherless 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 of 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" to "proper to be made by the Parliament of Great Britain" repealed by Statute Law Revision (Scotland) Act 1964 (c 80), Sch 1
But: Court of Admiralty was abolished by 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 (c 49), s 18(2)
•Re Court of Exchequer in Scotland
Words from "And that there be a Court of Exchequer" to end repealed by Statute Law Revision (Scotland) Act 1964 (c 80), Sch 1
Words "And that after the Union" to end repealed by Statute Law Revision (Scotland) Act 1906 (c 38) Sch 1
But: Scottish Privy Council was abolished by the Union with Scotland (Amendment) 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 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 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 repeat the Declaration mentioned
in an 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
Words from "And that when" to end repealed by Statute Law Revision (Scotland) Act 1906 (c 38), Sch 1
Article repealed in so far as it relates to peers of Scotland by Peerage Act 1963 (c 48)
Entire Article repealed by Statute Law Revision (Scotland) Act 1964 (c 80), Sch 1
In so far as it relates to 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)
•House of Commons (Redistribution of Seats) Acts 1944 (c 41) and 1949 (c 66)
•Representation of the People Act 1948 (c 65)
•Parliamentary Constituencies (Scotland) Order 1983 (SI 1983/422)
•Parliamentary Constituencies Act 1986 (c 56)
•Parliamentary Constituencies (Scotland) Order 1995 (SI 1995/1037)
•Scotland Act 1998 (c 46) Schedule 9
|
Article
XXIII | (That the foresasaid 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
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
Gritain; 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 herafter 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 `such trials as any other peers of Great Britian' and the words `and shall be tried as peers of Great Britain' and the words `and particularly the right of sitting upon the trialsof peers' repealed by Criminal Justicle Act 1948(c 58) Sch 10 Part III
Article repealed by Peerage Act 1963 (c 45), Sch 2 except for 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 of Grants which have usually
passed the Great Seal of Scotland and which only concerns
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 Continune 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 Parliament of the said Kingdoms
| No textual amendments |
| | FOLLOWS the Tenor of the foresaid Act for securing the
Protestant Religion and Presbyterian Church Government
| |
| | Our Soveraign 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 foresaid Ratifies Approves and for ever
Confirms the fifth Act of the first Parliament of King
William and Queen Mary Entituled Act Ratifying the
Confession of Faith and settling Presbyterian Church
Government with the haill 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 Aprile One thousand six
hundred and eighty nine, and Her Majesty with advice and
consent foresaid 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,
Presbytries, Provincial Synods and General Asemblies all
established by the foresaid Acts of Parliament pursuant to
the Claim of Right shall Remain and Continue unalterable
and that the siad 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 Reliion 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
Andrews 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 other 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 prescricbed or 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 the their bounds by
whatsover gift presentation or provision they may be
thereto provided)... And further Her Majesty with advice
foresaid expressly Declares and Statutes that none of the
Subjects of this Kingdom shall be lyable 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 comeing 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 Priviledges 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.
| •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 minister 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" to "may thereto be provided" repealed by Statute Law Revision (Scotland) Act 1964 (c 80), Sch 1
But: Article was modified before express repeal:
•the delaration of faith reqired from university professors was modified by the Universities (Scotland) Act 1853 (c 89) s 1,2
•school masters of burgh schools relieved of the obigation 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
|
| | WHICH ARTICLES OF UNION and Act immediately
above-written Her Majesty with advice and consent
foresaid Statutes Enacts and Ordains to be and Continue in
all time coming the sure and perpetual foundatin of a
compleat and intire Union of the Two Kingdoms of
Scotland and England under this express Condition and
Provision, That the Approbation and Ratification of the
foresaids Articles and Act shall be nowayes binding on
this Kingdom until the said Articles and Act be Ratified,
Approven 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,
Declairng nevertheless that the Parliament 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 as 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.
| No textual amendments |
