« PreviousContinue »
dake of Hamilton, as the reward of his tergiversation, -attempted to bare bimself elected as one of the representatives of the Scotish peerage, but was unable to effect it, the queen having given positive orders that none of her servants should give him any countenance, which
twenty shillings for every bushel of such salt, and proportionably for a greater or lesser quantity, for which the carrier, as well as the owner, shall be liable jointly and severally; and the persons bringing or carrying the same, to be imprisoned by zay one Justice of the Peace, by the space of six months, without bail, and until the penalty be paid; and that, during the said seven years, all salted flesh or fish exported from Scotland to England, or made use of for victualling ships in Scotland, and all flesh put on board in Scotland to be exported to parts beyond seas, which shall be salted with Scotch salt, or any mixture therewith, shall be forfeited, and may be seized; and that, from and after the Union, the Laws and Acts of Parliament in Scotland for pincing, curing, and packing of herrings, white fish and salmon, for exportation, with foreign salt only, and for preventing of frauds in curing and packing of fish, be continued in force in Scotland, subject to such alterations as shall be made by the Parliament of Great Britain; and that all fish exported from Scotland to parts beyond the seas, which shall be cured with foreign ait only, shall have the same eases, premiums, and drawbacks, as are or shall be allowed to such persons as export the like fish from England ; and if any matters or fraud relating to the said duties on salt, shall hereafter appear, which are not sufficiently provided against by this article, the same shall be subject to such further provisions as shall be thought fit by the Parliament of Great Britain.
IX. That whenever the sum of one million nine hundred ninety-seven thousand seven hundred and sixty-three pounds eight shillings and fourpence halt 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, these, for granting an aid to the Crown by a land tax, that part of the United K
gdom, now called Scotland, shall be charged, by the same Act, with a farther sum of forty-eight thousand pounds, free of all charges, as the quota of Scotland to such tax; and so proportionably for any greater or lesser sum raised in England; by any tax on land, and other things usually charged together with the land, and that such quota for Scotland in the cases aforesaid, be raised and collected in the same manner as the cess now is in Scotland, but subject to such regulations in the manner of collecting, as shall be made by the Parliament of Great Britaip.
X. That during the continuance of the respective duties on stamp paper, vellum, and parchment, by the several Acts now in force in England, Scotland shall not be charged with the same respective duties.
XI. That during the continuance of the duties in England on windows and lights, which determines on the first day of August, one thousand seven hundred and ten, Scotland shall not be charged with the same duties.
XII. That during the continuance of the duties, payable in England, on coals, culm, and cinders, which determines the thirtieth day of September, one thousand seven hundred and ten, Scotland shall not be charged therewith for coals, culm, and einders, consumed there, but shall be charged with the same duties, as in England, for all coal, culm, and cinders, not consumed in Scotland.
XIII. That during the continuance of the duty, payable in England, on malt, which determines the twenty-fourth day of June, one thousand seven hundred and Kven, Scotland sball not be charged with that duty.
XIV. That the Kingdom of Scotland be not charged with any other duties, laid en by the Parliament of England, before the Union, except those consented to iu this treaty; in regard, it is agreed, that all necessary provision shall be made by the Parliament of Scotland for the public charge and service of that Kingdom, for the year one thousand seven hundred and seven ; provided, nevertheless, that if the Parliament of England think fit to lay any farther impositions by way of customs, or such excises, as by virtue of this treaty, Scotland is to be charged equally with England. In such case, Scotland shall be liable to the same customs and excises, and have an equivalent, to be settled by the Parliament of Great Britain. And seeing it cannot be supposed that the Parliament of Great Britain will ever lay any sorts of hurthens on the United Kingdom, but what they shall find of necessity at that time, for the preservation and good of the whole, and with due regard to the circumstances and abilities of every part of the United Kingdom, therefore it is agreed, there be no farther exemption insisted on for any part of the United Kingdom, but that the consideration of any exemptions, beyond what are already agreed
afforded no small gratification to many of his friends, who did not hesitate to declare, that for some such paltry expectations, he had betrayed them and his country's cause at the same time.
Thus was this great work, that had occupied the wisest heads and
on in this treaty, shall be left to the determination of the Parliament of Great Britain.
XV. Whereas, by the terms of this treaty, the subjects of Scotland, for preserving an equality of trade throughout the United Kingdom, will be liable to several customs and excises, now pavable in England, which will be applicable towards payinent of the debts of England, contracted as before the Union. 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 all particulars whatsoever, in manner following, viz. that before the union of the said Kingdoms, the sum of three hundred ninety-eight thousand and eighty-five pounds
ight thousand and eighty-five pounds ten shillings be granted to Her Majesty, by the Parliament of England, for the uses aftermentioned, being the equivalent to be answered to Scotland, for such parts of the said customs and excises, upon all exciseable liquors with which that Kingdom is to be charged upon the Union, as will be applicable to the payment of the said debts of England, according to the proportions which the presente
rtions which the present customs of Scotland, being thirty thousand pounds per annum, do bear to the customs in England, computed at one million three hundred forty-one thousand five hundred and fifty-nine pounds per annum. And which the present excises on exciseable liquors in Scotland, being thirty-three thousand and five hundred pounds, per annum, do bear to the excises on exciseable liquors in England, computed at nine hundred and forty-seven thousand six hundred and two pounds, per annum, which sum of three hundred ninety-eight thousand and eighty-five pounds ten shillings, shall be due and payable at the time of the Union; and, in regard, that after the Union, Scotland becoming liable to the same customs and duties, payable on import and export, and to the same excises on all exciseable liquors, as in England, as well upon that account, as upon the increase of trade and people, (which will be the happy consequence of the Union,) the said revenues will much improve, beyond the before-mentioned annual values thereof, of which no present estimate can be made; yet, nevertheless, for the reasons aforesaid, there ought to be a proportionable equivalent answered to Scotland. It is agreed, that, after the Union, there shall be an account kept of the said duties arising in Scotland, to the end it may appear what ought to be answered to Scotland, as an equivalent for such proportion of the said increase as shall be applicable to the payment of the debts of England. And for the farther and more effectual answering the several ends hereafter mentioned, it is agreed, that from and after the Union, the wholo increase of the revenues of custom and duties on import and export, and excise upon exciseable liquors in Scotland, over and above the annual produce of the said respective duties, as above stated, shall go and be applied for the term of seven years for the uses hereafter mentioned, and that, upon the said account, there shall be answered to Scotland annually, from the end of seven years after the Union, an equivalent in proportion to such part of said increase as shall be applicable to the debts of England. And, whereas, from the expiration of seven years after the Union, Scotland is to be liable to the same duties on salt made in Scotland, as shall be then payable for salt made in England. It is agreed, that when such duties take place there, an equivalent shall be answered to Scotland for such part thereof as shall be applied towards payment of the debts of England, of which duties, an account shall be kept, to the end it may appear what is to be answered to Scotland, as the said equivalent. And generally, an equivalent shall be answered to Scotland for such parts of the English debts as Scotland may hereafter become liable to pay, by reason of the Union, other than such for which appropriations have been made by Parliament, in England, of the customs or other duties on export and import, excises on all exciseable liquors or salt, in respect of which debts, equivalents are herein before provided. And, as for the uses to which the said sum of three hundred ninetyeight thousand eighty-five pounds ten shillings, to be granted as aforesaid, and all other monies which are to be answered or allowed to Scotland as aforesaid, It is agreed, that out of the said sum of three hundred ninety-eight thousand eighty-five pounds ten shillings, all the public debts of the kingdom of Scotland, and also the capital, stock, or fund, of the African and Indian Company of Scotland, advanced, together with the interest of the said capital stock, after the rate of five pounds per cent. per annum, from the respective times of the payment thereof shall be payed. Upon payment of which capital stock and interest, it is agreed, the said company be dissolved and cease, and also that from the time of passing the Act of
the warmest hearts of both nations for so many ages, at length accomplished, in direct opposition to the great body of the Scotish people, and in a way, that, it must be admitted, reflects no great credit on the men by whom it was managed, who, far from seeing their way clearly, and
Parliament in England, for raising the said sum of three hundred ninety-eight thousand eighty-five pounds ten shillings, the said company shall neither trade nor grant license to trade. And as to the overplus of the said sum of three hundred ninetyeight thousand eighty-five pounds ten shillings, after the payment of the said debts of the Kingdom of Scotland, and the said capital stock and interest, and also the whole increase of the said revenues of customs, duties, and excises, above the present value, which shall arise in Scotland during the said term of seven years, together with the equivalent which shall become due, on account of the improvemen, thereof in Scotland, after the said term, and also as to all other sums, which, according to the agreements aforesaid, may become payable to Scotland, by way of equivalent, for what that Kingdom shall hereafter become liable, towards payment of the debts of England. It is agreed, that the same be applied in manner following, viz. that out of the same, what consideration shall be found necessary to be had for any losses which private persons may sustain, by reducing the coin of Scotland to the standard and value of the coin in England, may be made good. And afterwards the same shall be wholly applied towards encouraging and promoting the fisheries and such other manufactories and improvements in Scotland, as may most conduce to the general good of the United Kingdom. And it is agreed, that Her Majesty be empowered to appoint Commissioners, who shall be accountable to the Parliament of Great Britain for disposing the said sum of three hundred ninety-eight thousand and eighty-five pour ten shillings, and all other monies which shall arise to Scotland upon the agreements aforesaid to the purposes before mentioned. Which Commissioners shal: be empowered to call for, receive, and dispose, of the said monies, in manner aforesaid, and to inspect the books of the several Collectors of the said revenues and of all other duties, and from whence an equivalent may arise ; and that the Collectors and Managers of the said revenues and duties be obliged to give to the said Commissioners, subscribed authentic abbreviats of the produce of such revenues and duties arising in their respective districts. And that the said Commissioners shall have their office within the limits of Scotland, and shall, in such oflice, keep books, containing accounts of the amount of the equivalents, and how the same shall have been disposed of from time to time, which may be inspected by any of the subjects who may desire the same.
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, subject to such regulations as Her Majesty, Her Heirs or Successors, or the Parliament of Great Britain shall think fit.
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 boroughs in Scotland, to whom the keeping the standards of weights and measures now in use there, d right belong; all which standards shall be sent down to such respective boroughs from the standards kept in the Exchequer at Westminster, subject, nevertheless, to such regulations as the Parliament of Great Britain shall think fit.
XVIII. That the laws concerning regulation of trade, customs, and such excises which Scotland is, by virtue of this treaty, to be liable to the same in Scotland from and after the Union as in England; and that, all other laws in use within the Kingdom of Scotland do, after the Union, and notwithstanding thereof, remain in the same force as before, (except such as are contrary to, or inconsistent with, the terms of this treaty,) but alterable by the Parliament of Great Britain, with this difference, betwixt the laws concerning public right, policy, and civil government, and those which concern private right: that the laws which concern public right, policy, and civil government, may be made the same throughout the whole United Kingdom; but that no alteration be made in the laws which concern private right, except for evident utility of the subjects within Scotland.
XIX. That the Court of Session, or College of Justice, do, after the Union, and notwithstanding thereof, remain in all time coming, within Scotland, as it is now constituted by the laws of that Kingdom, and with the same authority and privileges 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 the Court of Justiciary do also, after the Union, and notwithstanding thereof, re
obviating the objections of their countrymen by the force of reason and truth, carried every thing by influence, and the cavaliers, after they had mustered up what they considered unanswerable arguments, were most commonly silenced with the vote, which was sure to go against
main in all time coming within Scotland, as it is now constituted by the laws of that Kingdom, and with the same authority and privileges, as before the Union, subject, nevertheless, to such regulations as shall be made by the Parliament of Great Britain, and without prejudice of other rights of Justiciary. And that all Admiralty jurise dictions be under the Lord High Admiral, or Commissioners for the Admiralty of Great Britain for the time being. And that the Court of Admiralty, now estab. lished in Scotland, be continued, and that all reviews, reductions, or suspensions of the sentences in maritime cases, competent to the jurisdiction of that Court, remain in the same manner after the Union, as now in Scotland, until the Parliament of Great Britain shall make such regulations and alterations as shall be judged expedient for the whole United Kingdom, so as there be always continued in Scotland a Court of Admiralty such as is 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 ithin the said limits, do remain subordinate, as they are now to the Supreme Courts of Justice within the same, in all time coming. And that no causes in Scotland be cognoscible by the Courts of Chancery, Queen's Bench, Common Pleas, or any other Court in Westminster Hail; and that the said Courts, or any other of a like nature, after the Union, shall have no power to cognosce, review, or alter the acts or sentences of the Judicature within Scotland, or stop the execution of the same ; and that there be a Court of Exchequer in Scotland, after the Union, for deciding questions concerning the revenues of customs and excises there, having the same power and authority in such cases as the Court of Exchequer has in England; and that the said Court of Exchequer in Scotland have power of passing signatures, gifts, tutories, and in other things, as the Court of Exchequer at present in Scotland hath; and that the Court of Exchequer that now is in Scotland do remain, until a new Court of Exchequer be settled by the Parliament of Great Britain, in Scotland, after the Union, and that after the Union, the Queen's Majesty and her Royal successors, may continue a Privy Council in Scotland, for preserving of public peace and order, until the Parliament of Great Britain shall think fit to alter it, or establish any other effectual method for that end.
XX. That all heritable offices, 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.
XXI. That the rights and privileges of the Royal Burghs of Scotland, as they now are, do remain entire after the Union, and notwithstanding thereof.
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 fortyfive, 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 Cominons of the Parliament of Great Britain, according to the agreement in this treaty, in such manner as, by the Parliament of Scotland, shall be settled before the Union; 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 in England, and Commons of the present Parliament of England,
them; hence Lockhart has sarcastically remarked, “ that the courtiers bad ears and would not bear, hearts and would not understand; vay, mouths but would not speak.” In many cases, indeed, this silence was wise, for the greater part of the topics which the cavaliers insisted on,
shonld be the Members of their 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 Pariiament of Great Britain to meet at such time and place as Her Majesty shall think fit, which time shall not be less than fifty days after the date of such proclamation ; and the time and place 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 in England, and the sixteen Peers of Scotland, such sixteen Peers being summoned and returned in the rhanner agreed on 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 manner agreed on in this treaty, shall assemble and mert respectively in their 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 llouses 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 the 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 their respective oaths, appointed to be taken instead 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, entitled, an Act for the Abrogating of the Oaths of Supremacy and Allegiance, and appoint: ing other Oaths, and make, subscribe, and audibly repeat, the declaration mentioned in an Act of Parliament made in England, in the thirtieth year of King Charles II., entituled, 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, entituled, an Act to declare the Alterations in the Oath appointed to be taken by the Act, entituled, 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 che penalties and disabilities in the said respective Acts contained : and it is declared and agreed, that these words, this realm, the crown of this realm, and the Queen of this realm, mentioned in these oaths and declaration contained in aforesaid Acts, which were intended to signify the crown and realm of England, shall be understood of the crown and realm of Great Britain; and that, in that sense the said oaths and declaration be taken and subscribed by the Members of both Houses of the Parliament of Great Britain.
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 hare all privileges of Parliament, which the Peers of England now bave, and which they, or any Peers of Great Britain shall have after the Union, and particularly the right of sitting on the trials of Peers: and in case of the trial of any Peer in the time of adjournment or prorogation of Parliament, the said sixteen Peers shall be summoned in the same manner, and have the same powers and privileges at such trial as any other Peer of Great Britain ; and that in case any trial of Peers shall hereafter happen when there is no Parliament in being the sixteen Peers of Scotland, who sat in the last preceding Parliament, shall be summoned in the same manner, and have the saine powers and privileges at such trials, as any other Peers of Great Britain ; and that all Pers of Scotland, and their successors to their honours and dignities, shall, from and after the Union, be P'eers of Great