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. 1 interlined on the roll. 4. (1) THE SAID ARTICLES AND ACT OF PARLIAMENT OF SCOTLAND CONFIRMED.-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. 1 Rep. or virt. rep. so far as it ratifies, approves, and confirms the articles and parts of articles omitted, 30 & 31 Vict. c. 59 (S. L.R.), 31 & 32 Vict. c. 72, and 34 & 35 Vict. c. 48. 5. CAP. 8, ante, AND THE SAID ACT OF PARLIAMENT OF SCOTLAND TO BE OBSERVED AS FUNDAMENTAL CONDITIONS OF THE SAID UNION-AND THE SAID ARTICLES AND ACTS OF PARLIAMENT TO CONTINUE THE UNION.-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. 6. RECITAL OF ACT OF PARLIAMENT OF SCOTLAND FOR SETTLING ELECTION OF THE SIXTEEN PEERS AND FORTY-FIVE MEMBERS FOR SCOTLAND.--And whereas since the passing the said Act in the Parliament of Scotland for ratifying the said 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 the Our soveraign 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 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 their heires 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 case of the 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 And that of the said forty five representatives of Scotland in the House of Commons in the Parliament of Great Britain thirty shall be chosen by the shires or steuartries and fifteen by the royal burrows as follows viz. one for every shire and steuartry excepting the shires of Bute and Cathness which shall choose one by turns Bute having the first election the shires of Nairn and Cromarty which shall also choose by turns Nairn having the first election and in like manner the shires of Clackmanan and Kinross shall choose by turns Clackmanan having the first election and in case of the death or legal incapacity of any of the said members from the respective shires or steuartries above mentioned to sit in the House of Commons it is enacted and ordained that the shire or steuartry who elected the said member shall elect another member in his place and that the said fifteen representatives for the royal burrows be chosen as follows viz. that the town of Edinburgh shall have right to elect and send one member to the Parliament of Great Britain and that each of the other burghs shall elect a commissioner in the same manner as they are now in use to elect commissioners to the Parliament of Scotland which commissioners and burghs (Edinburgh excepted) being divided into fourteen classes or districts shall meet at such time and burghs within their respective districts as her Majesty her heires or successors shall appoint and elect one for each district viz. the burghs of Kirkwall Week Dornock Dingwall and Taine one the burghs of Fortrose Inverness Nairn and Forress one of the burghs of Elgin Cullen Banff Inverury and Kintore one the burghs of Aberdeen Inverbervy Montrose Aberbrothock and Brochine one the burghs of Forfar Perth Dundee Coupar and Saint Andrews one the burghs of Craill Kilrennie Anstruther Easter Anstruther Wester and Pittenweem one the burghs of Dysart Kirkaldie Kinghern and Bruntisland one the burghs of Innerkithen Dunfermline Queensferry Culross and Sterling one the burghs of Glasgow Renfrew Ruglen and Dumbarton one the burghs of Haddington Dunbarr North Berwick Lauder and Jedburgh one the burghs of Selkirk Peobles Linlithgow and Lanerk one the burghs of Dumfries Sanquhar Annan Lockmaben and Kirkcudbright one the burghs of Wigtoun New Galloway Stranraver and Whitehern one and the burghs of Air Irvin Rothesay Campbletoun and Inverary one And it is hereby declared and ordained that where the votes of the commissioners for the said burghs met to choose representatives from their several districts to the Parliament of Great Britain shall be equal in that case the president of the meeting shall have a casting or decisive vote and that by and according to his vote as a commissioner from the burgh from which he is sent the commissioner from the eldest burgh presiding in the first meeting and the commissioners from the other burghs in their respective districts presiding afterwards by turns in the order as the said burghs are now called in the rolls of the Parliament of Scotland And that in case any of the said fifteen commissioners from burghs shall decease or become legally incapable to sit in the House of Commons then the town of Edinburgh or the district which chose the said member shall elect a member in his or their place It is always hereby expresly 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 and protestant excluding all papists or such who being suspect of popery and required refuse to swear and subscribe the formula contained in the third Act made in the eighth and ninth sessions of King Williams Parliament intituled Act for preventing the growth of popery And also declaring that none shall be capable to elect or be elected to represent a shire or burgh in the Parliament of Great Britain for this part of the United Kingdom except such as are now capable by the laws of this kingdom to elect or be elected as commissioners for shires or burghs to the Parliament of Scotland And further her Majesty with advice and consent aforesaid for the effectual and orderly election of the persons to be chosen to sit vote and serve in the respective Houses of the Parliament of Great Britain when her Majesty her heires and successors shall declare her or their pleasure for holding the first or any subsequent Parliament of Great Britain and when for that effect a writ shall be issued out under the great seal of the United Kingdom directed to the privy council of Scotland conform to the said twenty second article [statutes1] enacts and ordains that until the Parliament of Great Britain shall make further provision therein the said writt shall contain a warrant and command to the said privy council to issue out a proclamation in her Majesties name requiring the peers of Scotland for the time to meet and assemble at such time and place within Scotland as her Majesty and royal successors shall think fit to make election of the said sixteen peers and requiring the lord clerk register or two of the clerks of session to attend all such meetings and to administer the oaths that are or shall be by law required and to ask the votes and having made up the lists in [the] presence of the meeting to return the names of the sixteen peers chosen (certified under the subscription of the said lord clerk register clerk or clerks of session attending) to the clerk of the privy council of Scotland and in like manner requiring and ordaining the several freeholders in the respective shires and steuartries to meet and conveen at the head burghs of their several shires and steuartries to elect their commissioners conform to the order above set down and ordaining the clerks of the said meetings immediately after the said elections are over respectively to return the names of the persons elected to the clerks of the privy council and lastly ordaining the city of Edinburgh to elect their commissioner and the other royal burrows to elect each of them a commissioner as they have been [in1] use to elect commissioners to the Parliament and to send the said respective commissioners at such times to such burghs within their respective districts as her Majesty and successors by such proclamations shall appoint requiring and ordaining the common clerk of the respective burghs where such election shall be appointed to be made to attend the said meetings and immediately after the election to return the name of the person so elected (certified under his hand) to the clerk of privy council to the end that the names of the sixteen peers thirty commissioners for shires and fifteen commissioners for burghs being so returned to the privy council may be returned to the court from whence the writ did issue under the great seal of the United Kingdom conform to the said twenty second article And whereas by the said twenty second article it is agreed that if her Majesty shall on or before the first day of May next declare that it is expedient the lords 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 they shall accordingly be the members of the said respective Houses for and on the part of England Her Majesty with advice and consent aforesaid in that case only doth hereby statute and ordain that the sixteen peers and forty-five commissioners for shires and burghs who shall be chosen by the peers barons and burghs respectively in this present session of Parliament and out of the members thereof in the same manner as committees of Parliament are usually now chosen shall be the members of the respective Houses of the said first Parliament of Great Britain for and on the part of Scotland which nomination and election being certified by a writt under the lord clerk register's hand the person so nominated and elected shall have right to sit and vote in the House of Lords and in the House of Commons of the said first Parliament of Great Britain. 1 interlined on the roll. 2 O. omits. 7. THE SAID ACT DECLARED VALID, AS IF IT HAD BEEN PART OF THE SAID ARTICLES OF UNION. 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. 6 ANNE, 1707. (1) 1 In this year was the first Parliament of Great Britain. CHAPTER XL. (2) 2 This is chapter VI. 6 Ann. in the common printed editions. THE UNION WITH SCOTLAND (AMENDMENT) ACT, 1707 (Short Titles Act, 1896). AN ACT for rendring the Union of the Two Kingdoms more intire and complete. Whereas by her Majesties great wisdom and goodness the union of the two kingdoms hath been happily effected and the whole island is thereby subject to one sovereignty and represented by one Parliament To the end therefore that the said union may be rendred more complete and intire be it enacted by the Queens 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 the authority of the same that [ONE PRIVY COUNCIL FOR GREAT BRITAIN.]-from and after the first day of May in the year of our Lord one thousand seven hundred and eight the Queen's Majesty her heirs and successors shall have but one privy council in or for the kingdom of Great Britain to be sworn to her Majesty her heires and successors as Sovereigns of Great Britain and such privy council shall have the same powers and authorities as the privy council of England lawfully had used and exercised at the time of the union and none other. 2. APPOINTMENT of Justices of PEACE FOR SCOTLAND.-And to the end the publick peace may be in like manner preserved throughout the whole kingdom be it further enacted by the authority aforesaid that in every shire and stewartry within that part of Great Britain called Scotland and also in such cities boroughs liberties and precincts within Scotland as her Majesty her heirs or successors shall think fit there shall be appointed by her Majesty her heirs or successors under the great seal of Great Britain a sufficient number of good and lawful men to be justices of the peace within their respective shires stewartries cities boroughs liberties or precincts which persons so appointed over and above the several powers and authorities vested in justices of the peace by the laws of Scotland shall be further authorized to do use and exercise over all persons within their several bounds whatever doth appertain to the office and trust of a justice of peace by virtue of the laws and Acts of Parliament made in England before the union in relation to or for the preservation of the publick peace Provided nevertheless that in the sessions of [the] peace the methods of tryal and judgment shall be according to the laws and customs of Scotland. 3 interlined on the roll. 3. PROVISO FOR EDINBURGH, AND OTHER ROYAL BURGHS.-Provided that nothing in this Act contained shall be construed to alter or infringe any rights liberties or privileges heretofore granted to the city of Edinburgh or to any other royal borough of being justices of peace within their respective bounds. 4. CIRCUIT COURTS KEPT IN APRIL OR MAY, AND IN OCTOBER.-And whereas by an Act made in Scotland in the third session of the Second Parliament of the late King Charles the Second intituled An Act concerning the regulation of the judicaturies several good and wholsom provisions were made concerning the justice court and amongst others it was thereby enacted that once a year circuit courts should be kept at the time and places in the said Act mentioned Now for the better and speedier administration of justice and further preservation of the publick peace in that part of the kingdom of Great Britain called Scotland be it also enacted by the authority aforesaid that for the future twice in the year that is to say in the months of April or May and in the month of October circuit courts shall be kept in the several places in the said Act mentioned and in manner and form as in the said Act contained. 5. (1) ELECTION OF REPRESENTATIVES OF SCOTLAND IN THE HOUSE OF COMMONS.―And for the more uniform and express method of electing and returning members of Parliament be it likewise further enacted by the authority aforesaid that when any Parliament shall at any time hereafter be summoned or called the forty five representatives of Scotland in the House of Commons of the Parliament of Great Britain shall be elected and chosen by authority of the Queens writts under the great seal of Great Britain directed to the several sheriffs and stewarts [of the respective shires and stewartries. 2]. CHAPTER XLI. (3) 3 This is chapter VII. 6 Ann. in the common printed editions. THE SUCCESSION TO THE CROWN ACT, 1707 (Short Titles Act, 1896). AN ACT for the Security of Her Majesties Person and Government and of the Succession to the Crown of Great Britain in the Protestant Line. Whereas by the happy union of England and Scotland it is become necessary to make divers alterations in relation to an Act passed in the Parliament of England in the fourth year of the reign of her present Majesty whom God long preserve intituled An Act for the better security of her Majesty's person and government and of the succession to the crown of England in the protestant line and to extend the provisions of the said Act throughout the whole United Kingdom for the better security of our most gracious Sovereigns person and government and of the succession to the crown of Great Britain in the protestant line as it is now by the laws and statutes of this realm [settled1] limited and appointed Be it therefore 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 the authority of the same that [MAINTAINING THAT THE QUEEN IS NOT RIGHTFUL QUEEN, &C. HIGH TREASON.] if any person or persons shall maliciously advisedly and directly by writing or printing maintain and affirm that our sovereign lady the Queen that now is is not the lawful and rightful Queen of these realms or that the pretended Prince of Wales who now stiles himself King of Great Britain or King of England by the name of James the Third or King of Scotland by the name of James the Eighth hath any right or title to the crown of these realms or [that] any other person or persons hath or have any right or title to the same otherwise than according to an Act of Parliament made in England in the first year of the reign of their late Majesties King William and Queen Mary of ever blessed and glorious memory intituled An Act declaring the rights and liberties of the subject and settling the succession of the crown and one other Act made in England in the twelfth year of the reign of his said late Majesty King William the Third intituled An Act for the further limitation of the crown and better securing the rights and liberties of the subject And the Acts lately made in England and Scotland mutually for the union of the two kingdoms or that the Kings or Queens of this realm with and by the authority of Parliament are not able to make laws and statutes of sufficient force and validity to limit and bind the crown and the descent limitation inheritance and government thereof every such person or persons shall be guilty of high treason and being thereof lawfully convicted shall be adjudged traytors and shall suffer pains of death and all losses and forfeitures as in cases of high treason. 1 interlined on the roll. 2. THE LIKE BY PREACHING, &C.-PRÆMUNIRE, 16 R. 2, c. 5.--And if any person or persons shall maliciously and directly by preaching teaching or advised speaking declare maintain and affirm that our sovereign lady the Queen that now is is not the lawful or rightful Queen of these realms or that the pretended Prince of Wales who now stiles himself King of Great Britain or King of England by the name of James the Third or King of Scotland by the name of James the Eighth hath any right or title to the crown of these realms or that any other person or persons hath or have any right or title to the same otherwise than according to an Act of Parliament made in England in the first year of the reign of their said late Majesties King William and Queen Mary intituled An Act declaring the rights and liberties of the subject and settling |