be applied towards encouraging and promoting the manufac- Manufacture ture of coarse wool within those shires which produce the of coarfe wool; and that the first two thousand pounds sterling be paid 'at Martinmas next, and so yearly at Martinmas, during the

wool.

&

Geo. 2.

fpace aforesaid; and afterwards, the same shall be wholly ap- Fisheries. plied towards the encouraging and promoting the fisheries, See 13 Geo. 1. and fuch other manufactures and improvements in Scotland, c. 30. 1. 1. as may most conduce to the general good of the united king-ftat.2.1. f.8. dom. And it is agreed, That her Majesty be impowered to Commiffion'appoint commissioners, who shall be accountable to the par-ers for the eliament of Great Britain, for difpofing the said fum of three quivalent. hundred ninety eight thousand and eighty five pounds, ten ' shillings, and all other monies which shall arise to Scotland, ' upon the agreements aforesaid, to the purposes before-mentioned: which commissioners shall be impowered to call for, receive, and dispose of the faid monies, in manner aforesaid, • and to inspect the books of the several collectors of the said revenues, and of all other duties, from whence an equivalent may arife: and that the collectors and managers of the faid < revenues and duties be obliged to give to the said commiflioners fubscribed authentick abbreviates of the produce of fuch < revenues and duties arifing in their respective districts: and 'that the faid commiffioners thall have their office within the limits of Scotland, and shall in fuch office keep books containing accounts of the amount of the equivalents, and how the fame shall have been disposed of from time to time, which 'may be inspected by any of the subjects, who shall defire the • fame."

ARTICLE XVI.

• That from and after the union, the coin shall be of the Coin. * same standard and value throughout the united kingdom, as now in England, and a mint shall be continued in Scotland, under the fame rules as the mint in England, and the present ' officers of the mint continued, fubject to such regulations and alterations as her Majesty, her heirs or fuccessors, or the par• liament of Great Britain shall think fit.'

ARTICLE XVII.

;

That from and after the union, the fame weights and mea- Weights and fures shall be used throughout the united kingdom, as are meatures. * now established in England, and standards of weights and mea• fures shall be kept by those burghs 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 fent down to such respective burghs, from the standards kept in the Exchequer at Westminster, fubject nevertheless to * fuch regulations as the parliament of Great Britain shall think

'fit.'

ARTICLE XVIII. :

That the laws concerning regulation of trade, customs, Regulation of ' and fuch excifes to which Scotland is, by virtue of this treaty,

to

trade.

College of

justice.

to be liable, be the fame 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 fuch as are contrary to, or inconsistent with this treaty) but alterable by the parliament of Great Britain; with this difference be'twixt the laws concerning publick right, policy, and civil government, and those which concern private right, that the › laws which concern publick right, policy, and civil govern'ment, 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.'

ARTICLE XIX.

That the court of feffion, or college of justice, do after the 'union, and notwithstanding thereof, remain in all time coming 7 Geo. 2. c.16. within Scotland, as it is now constituted by the laws of that £. 4.

kingdom, and with the same authority and privileges as before 'the union, fubject nevertheless to such regulations for the bet ter administration of justice, as shall be made by the parlia'ment of Great Britain; and that hereafter none shall be named by her Majesty, or her royal successors, to be ordinary lords of feffion, but fuch who have served in the college of justice as 'advocates, or principal clerks of session for the space of five ' years; or as writers to the fignet for the space of ten years; with this provision, That no writer to the fignet be capable to 'be admitted a lord of the session, unless he undergo a private ' and publick trial on the civil law, before the faculty of advocates, 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 perfons to be named ordinary lords of feffion, may be altered by Court of justi- the parliament of Great Britain. And that the court of jufticiary.

' ciary do alfo after the union, and notwithstanding thereof, re' main in all time coming within Scotland, as it is now confti'tuted by the laws of that kingdom, and with the fame au'thority and privileges as before the union, fubject nevertheless ' to such regulations as shall be made by the parliament of Great 'Britain, and without prejudice of other rights of justiciary; Admiralty ju- and that all admiralty jurisdictions be under the lord high adrifdictions. 'miral or commissioners for the admiralty of Great Britain for 'the time being; and that the court of admiralty now established in Scotland be continued, and that all reviews, reductions, ' or fufpenfions of the fentences in maritime cafes, competent ' to the jurisdiction of that court, remain in the fame 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 in England, for determination of all marítime cases relating to private rights in Scotland, competent to the jurifdic' tion of the admiralty court, subject nevertheless to fuch regu<lations and alterations as shall be thought proper to be made by the parliament of Great Britain; and that the heretable rights of admiralty and vice admiralties in Scotland be reserved to the respective proprietors as rights of property, fubject nethertheless, as to the manner of exercising fuch heretable rights, < to fuch regulations and alterations, as thall be thought proper to be made by the parliament of Great Britain; and that all Other courts. other courts now in being within the kingdom of Scotland do ' remain, but fubject 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 fupreme courts ' of justice within the fame, 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 Westminfter Hall; and that the faid courts, or any other of the like Court of Exi nature, after the union, shall have no power to cognofce, chequer efta' review, or alter the acts or fentences of the judicatures within blished for • Scotland, or stop the execution of the fame; and that there be ever, by 6 a court of Exchequer in Scotland after the union, for deciding f. 1. < questions concerning the revenues of customs and excifes there, having the fame power and authority in such cafes, as the court of Exchequer has in England; and that the faid court of Exchequer in Scotland have power of pafling fignatures, gifts, tutories, and in other things, as the court of Exchequer at prefent in Scotland hath; and that the court of Exchequer that now is in Scotland do remain, until a new court of Exchequer be fettled 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, Privy council, ' for preserving of publick peace and order, until the parliament • of Great Britain shall think fit to alter it, or establish any other • effectual method for that end.'

ARTICLE XX.

Annz, c. 26.

That all heretable offices, superiorities, heretable jurifdic Heretable of

'tions, offices for life, and jurisdictions for life, be reserved to fices.
'the owners thereof, as rights of property, in the fame manner
as they are now enjoyed by the laws of Scotland, notwith

"standing this treaty.'

ARTICLE XXI.

1.

1.

That the rights and privileges of the royal burghs in Scot- Royal burghs.

'land, as they now are, do remain entire after the union, and

notwithstanding thereof..

ARTICLE XXII.

That by virtue of this treaty, of the peers of Scotland, at Sixteen peers 'the time of the union, fixteen shall be the number to fit and of Scotland to vote in the house of lords, and forty five the number of the fit in the house

6

of lords.

in the house of commons.

frons relating bereto.

6 Annæ, c.23.

First parliament of Great

Britain.

representatives of Scotland in the house of commons of the 'parliament of Great Britain; and that when her Majesty, her ' heirs or fuccessors, shall declare her or their pleasure for hold'ing the first or any subsequent parliament of Great Britain, ' until the parliament of Great Britain shall make further pro'vifions therein, a writ do issue under the great feal of the united. 'kingdom, directed to the privy council of Scotland, command'ing them to cause sixteen peers, who are to fit in the house of 'lords, to be fummoned to parliament, and forty five members. ' to be elected to fit in the house of commons of the parliament

Forty five members to fit of Great Britain, according to the agreement of this treaty, in ' such manner as by an act of this present session of the parlia'ment of Scotland is or shall be settled; which act is hereby de Farther provi-clared to be as valid as if it were a part of, and ingrossed in 'this treaty. And that the names of the persons so summon'ed and elected shall be returned by the privy council of Scot'land 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 feal 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 com'mons of the present parliament of England, shall be the mem'bers 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 Bri tain, 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 than 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 fixteen 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 fixteen peers of Scotland, 'such fixteen peers being summoned and returned in the man'ner 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, fuch forty five members being elec'ted 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 king'doms had not been made, unless sooner dissolved by her Ma'jesty. And that every one of the lords of parliament of Great Britain,

'Britain, and every member of the house of commons of the Members to

take the oaths,

parliament of Great Britain, in the first and all fucceeding par- take liaments of Great Britain, until the parliament of Great Bri

*tain thall otherwise direct, shall take the respective oaths ap

،

،

،

pointed to be taken instead of the oaths of allegiance and fu

premacy, by an act of parliament made in England in the first

year of the reign of the late King William and Queen Mary; 1 W. & M. 'intituled, An act for the abrogating of the oaths of fupremacy and fef. 1. c. 8. 'allegiance, and appointing other oaths, and make, subscribe, and

audibly repeat the declaration mentioned in an act of parlia

'ment made in England in the thirtieth year of the reign of

،

King Charles the Second, intituled, An act for the more effectual 30 Car. z. ftat. preferving the King's person and government, by disabling papists 2.c. 1.

'from fitting 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 1 Annæ, ftat. ' act to declare the alterations in the oath appointed to be taken by the 1. C. 22. 'aft, intituled, An act for the further security of his Majesty's per fon, and the fucceffion 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 fecret abettors, and for de claring the affociation to be determined; at such time, and in such * manner as the members of both houses of parliament of Eng' land are by the faid respective acts directed to take, make, and 'fubscribe the fame, 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 this realm, and The 'Queen of this realm, mentioned in the oaths and declaration 'contained in the aforesaid acts, which were intended to fignify the crown and realm of England, shall be understood of the ' crown and realm of Great Britain; and that in that sense the ' faid oaths and declaration be taken and subscribed by the mem 'bers of both houses of the parliament of Great Britain.'

i

ARTICLE XXIII.

That the aforesaid fixteen peers of Scotland mentioned in the Privileges of last preceding article, to fit in the house of lords of the par the fixteen liament of Great Britain, shall have all privileges of parlia- peers; 'ment, 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 fitting upon the trials of peers: and ' in case of the trial of any peer, in time of adjournment, or prorogation of parliament, the faid fixteen peers shall be fum'moned in the fame manner, and have the same powers and privileges at such trial, as any other peers of Great Britain. And that in case any trials of peers shall hereafter happen, ' when there is no parliament in being, the fixteen peers of Scotland, who fat in the last preceding parliament, shall be fum'moned in the same manner, and have the fame powers and 'privileges at fuch trials, as any other peers of Great Britain, ' and that all peers of Scotland, and their fucceffors to their hoVOL. XI.

P

' nours

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