THE TREATY OF UNION OF THE TWO KINGDOMS OF SCOTLAND AND ENGLAND The text of the Treaty of 1707 here is taken from The Treaty of Union 1707 by George S. Pryde, M.M. Ph.D., 1950, where it is taken from the Acts of the Parliaments of Scotland (Record edition, vol. xi, pp. 406-13). All original spellings, capitals and punctuation have been retained. Typed and copied Spetember 1988 at Stirling University by J.G.Harston. 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. 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 Duchess 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 twelfth 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 Govermnent 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 pr person marrying a Papist was naturally dead, according to the provision for the Descent of the Crown of England, made by another Act of Parliament in England in the first year of the Reign of their late Majesties King William and Queen Mary entituled An Act declaring the Rights and Liberties of the Subject, and settling the Succession of the Crown. III. THAT the United Kingdom of Great Britain be Represented by one and the same Parliament, to be stiled the Parliament of Great Britain. 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 otherwise expressly agreed in these Articles. 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 forreign built be deemed and pass as ships of the build of Great Britain; the Owner or where there are more Owners, one or more of the Owners within Twelve Months after the first of May next making oath that at the time of Ratifying the Treaty of Union in the Parliament of Scotland, the same did in haill or in part, belong to him or them, or to some other Subject or Subjects of Scotland, to be particularly named with the place of their respective abodes, and that the same doth then at the time of the said Deposition wholly belong to him or them, and that no forreigner directly or indirectly hath any share part or interest therein. Which Oath shall be made before the chief Officer or Officers of the Customs in the port next to the abode of the said Owner or Owners; And the said Officer or Officers shall be Impowered to administer the said Oath, And the Oath being fo administered shall be attested by the Officer or Officers who administerd the same And being Registerd by the said Officer or Officers, shall be delivered to the Master of the ship for security of her Navigation and a Dupliczte thereof shall be transmitted by the said Officer or Officers to the chirf Officer or Officers of the Customs in the port of Edinburgh, to be there Entered in a Register and from thence to be sent to the port of London to be there Entered in the General Register of all Trading ships belonging to Great Britain. 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 whole United Kingdom, excepting and reserving the Duties upon Export and Import of such particular Commodities from which any persons the Subjects of either Kingdom are specially Liberated and Exempted by their private Rights which after the Union are to remain safe and entire to them in all respects as before the same And that from and after the Union no Scots cattle carried into England shall be lyable to 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 are not expressed, that from and after the Union when Oats shall be sold at fifteen shillings Sterling for every quarter or under there shall be payed two shillings and sixpence Sterling for every quarter of the Oat-meal 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 the Sea would prove a Discouragement to Tillage, Therefore that the Prohibition as now in force by the Law of Scotland against Importation of Victual Ireland or any other place beyond the Sea into Scotland, fo after the Union remain in the same force as now it is until more proper and effectyuall ways be provided by Parliament of Great Britain for discouraging the Importation of the said Victual from beyond the Sea. VII. THAT all parts of the United Kingdom be forever 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 eight part of the Scots Gallon, be not after the Union lyable on account of the present Excise upon Excisable Liquors in England, to any higher Imposition than two shillings Sterling upon the aforesaid thirty four Gallons English barrel, being twelve gallons the present Scots measure And that the Excise settled in England on all other Liquors when the Union commences take place throughout the whole United Kingdom. VIII. THAT from and after the Union all forreign 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. But in regard the Duties of great quantities of forreign Salt Imported may be very heavie on the Merchants Importers; That therefor all forreign Salt imported into Scotland shall be Cellared and Locked up under the custody of the Merchant Importer and the Officers imployed for levying the Duties upon Salt And that the Merchant may have what quantities thereof his occasion may require not under a Weight of fortie Bushels at a time; Giving security for the duty of what quantity he receives payable in six Months. But Scotland shall for the space of seven Years from the said Union be Exempted from paying in Scotland for Salt made there the Dutie or Excise now payable for Salt made in England: But from the Expiration of the said seven years shall be subject and lyable to the same Duties for sale made in Scotland, as shall be then payable for Sale made in England, to be levied and secured in the same manner and with proportional Drawbacks and allowances as in England, with this exception that Scotland shall after the said seven years remain expempted from the Duty of two shillings and four pence a Bushell on home Salt Imposed by ane Act made in England in the Ninth and Tenth of King William the Third of England And if the Parliament of Great Britain shall at or before the expiring of the said seven years substitute any other fund in place of the said two shillings and four pence of Excise on the bushel of Home salt, Scotland shall after the said seven years, bear a proportion of the said Fund, and have Equivalent in the Terms of this Treaty, /... And that during the said seven years there shall be payed in England for all Salt made in Scotland and imported from thence into England the same duties upon the Importation as shall be payable for Salt made in England to be levied and secured in the same manner as the Duties on forreign Salt are to be levied and secured in England. And that after the said seven years how long the said Duty of two shillings four pence a Bushel upon Salt is continued in England the said two shillings four pence a Bushel shall be payable for all Salt made in Scotland and imported into Englamd, to be levied and secured in the same manner And that during the continuance of the Duty of two shillings four pence a Bushel upon Salt made in England no Salt whatsoever be brought from Scotland to England by Land in any manner under the penaly of forfeiting the Salt and the Cattle and Carriages made use of in bringing the same and paying 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 lyable jointly and severally, And the persons bringing or carrying the same, to be imprisoned by any on Justice of the Peace, by the space of six months without Bail, and until the penalty by payed: And for Establishing an equality in Trade That all Fleshes exported from Scotland to England and put on Board in Scotland to be Exported to parts beyond the Seas and provisions for ships in Scotland and for forreign voyages may be salted with Scots Salt paying the same Dutie for what Salt is so employed as the like quantity of such Salt pays in England and under the same penalties forfeitures and provisions for preventing of frauds as are mentioned in the Laws of England And that from and after the Union the Laws and Acts of parliament in Scotland for Pineing Curing and Packing of Herrings White Fish and Salmonf for Exportation with Forreign Salt only without any mixture of British or Irish Salt 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 forreign Salt only and without mixture of British or Irish Salt, shall have the same Eases Praemiums and Drawbacks as are or shall be allowed to such persons as Expoer the like Fish from England: And that for Ecourangement of the herring Fishing there shall be allowed and payed to the Subjects Inhabitants of Greay Britain during the present allowances for ther Fishes ten shillings five pence Sterling for every Barrel of White Herrings which shall be expoered from Scotland; And that there shall be allowed five shillings Sterling for every Barrel of Beef or Pork salted with Forreign Salt without mixture of British or Irish Salt and Exported for sale from Scotland to parts beyond Sea alterable by the Parliament of Great Britain. And of any matters of fraud relating to the said Duties on Salt shall hereafter appear which are not sufficiently provided against by the 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 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 by a Land Tax; that part of the United Kingdom now called Scotland shall be charged by the same Act with a further sum of fourty thousand pounds free of all Changes, 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 Britain. X. THAT during the continuance of the respective Duties on Stampt paper, Vellom and parchment, by 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 payable 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 Cinders 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 seven, Scotland shall not be charged with that Duty XIV. THAT the Kingdom of Scotland be not charged with any other Duties laid on by the Parliament of England before the Union except those 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 One thousand seven hundred and seven: Provided nevertheless That if the Parliament of England shall think fit to lay any further Impositions by way of Customs, or such Excises, with which, by virtue of this Treaty, Scotland is to be charged equally with England, in such case Scotland shall be lyable to the same Customs and Excises, and have an Equivalent to be settled by the Parliament of Great Britain; with this further provision That any Malt to be made and consumed in that part of the United Kingdom now called Scotland shall not be charged with any Imposition upon Malt during this present War And seeing it cannot be supposed that the Parliament of Great Britain will ever lay any sorts of Burthens upon 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 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 lyable to severall Customs and Excises now payable in England, which will be applicable towards payment of the Debts of England, contracted 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 eight 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 Excisable 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 present Customs in Scotland, being thirty thousand pounds per annum, do dear to the Customs in England, computed at One million three hundred fourty one thousand five hundred and fifty nine pounds per annum: And which the present Excises on Excisable Liquors in Scotland, being thirty three thousand and five hundred pounds per annum, do bear to the Excises on Excisable Liquors in England, computed at nine hundred fourty seven thousand six hundred and two pounds per annum; Which sum of three hundred ninety eight thousand eighty five pounds ten shillings, shall be due and payable from the time of the Union: And in regard That after the Union Scotland becoming lyable to the same Customs and Duties payable in Import and Export, and to the same Excises on all Excisable Liquors as in England as well upon that account as upon the account of 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, /...