Gesetz über die Union mit Schottland
Ein Gesetz über die Union der zwei Königreiche England und Schottland

(Union with Scotland Act )

von 1706

ergänzt durch
Gesetz über die Ergänzung des Gesetzes über die Union mit Schottland (Union with Scotland (Amendment) Act) von 1707

 
Most Gracious Sovereign   Allergnädigster Herrscher
 
Whereas articles of union were agreed an the twenty second day of July in the fifth year of your Majestie reign by the commissioners nominated an behalf of the kingdom of England under your Majesties great seal of England bearing date at Westminster the tenth day of April then last past in pursuance of an Act of Parliament made in England in the third year of your Majesties reign and the commissioners nominated an the behalf of the kingdom of Scotland under your Majesties great seal of Scotland beaning date the twenty-seventh day of February in the fourth year of your Majesties reign in pursuance af the fourth Act of the third session of the present Parliament of Scotland to treat of and concerning an union of the said kingdoms.
And whereas an Act hath passed in the Parliament of Scotland at Edinburgh the sixteenth day of January in the fifth year your Majesties reign wherein ‘tis mentioned that the estates of Parliament considering the said artides of Union of the two kingdoms had agreed to and approved of the said articles of union with same additione and explanations and that your Majesty with advice and consent of the estates of Parliament for establishing the Protestant religion and Presbyterian Church government within the kingdom of Sootland had passed in the same session of Parliament an Act intituled Act for securing of the Protestant religion and Presbyterian Church government which by the tenor thereof was appointed to be inserted in any Act ratifying the treaty and expresly declared to be a fundamental and essential condition of the said treaty or union in all times coming the tenor of which articles as ratified and approved of with additions and explanations by the said Act of Parliament of Scotland follows:
 
  In Anbetracht dessen, daß am 22. Juli des 5. Jahres der Regierung Eurer Majestät durch die unter Eurer Majestät Großem Siegel von England für das Königreich England Bevollmächtigten ... gemäß einem in England gefaßten Parlamentsbeschluß ...  und durch die unter Eurer Majestät großem Siegel für das Königreich Schottland Bevollmächtigten ...  gemäß dem 4. Gesetz der 3. Sitzungsperiode des gegenwärtigen Parlaments von Schottland Unionsartikel in bezug auf den Zusammenschluß der besagten Königreiche vereinbart worden sind,
in Anbetrecht dessen, daß im Parlament von Schottland zu Edinburgh ein Gesetz angenommen worden ist, welches besagt, daß die Stände des Parlaments ...  den besagten Unionsartikeln unter Hinzufügung einiger Zusätze und Erklärungen zugestimmt und sie gebilligt haben und daß Eure Majestät auf Anraten und mit Zustimmung der Stände des Parlaments zur Begründung des Protestantischen Glaubensbekenntnisses und der Presbyterianischen Kirche innerhalb des Königreichs Schottland in derselben Parlamentssitzung ein Gesetz mit dem Titel "Gesetz zur Sicherung des Protestantischen Glaubensbekenntnisses und der Presbyterianischen Kirche" angenommen haben, welches nach Maßgabe seiner Vorschriften zur Aufnahme in jede Ratifikationsurkunde dieses Vertrags bestimmt und ausdrücklich als für alle Zukunft grundlegende und wesentliche Bedingung des besagten Vertrages oder Zusammenschlusses bezeichnet wurde,
lauten die mit den Zusätzen und Erklärungen des besagten Parlaments von Schottland ratifizierten und angenommenen Artikel wie folgt:
 

Articles of union
 

Artikel über die Union
 

Article I - The kingdoms united; ensigns armorial. That the two kingdoms of England and Scotland shall upon the first day of May which shall be in the year one thousand seven hundred and seven and for ever after be united into one kingdom by the name of Great Britain and that the ensigns armonial of the said United Kingdom be such as her Majesty shall appoint and the crosses of St. George and St. Andrew be conjoyned in such manner as Her Majesty shall think fit and used in all flags, banners, standards and ensigns both at sea and land.   Artikel I - Die vereinigten Königreiche; Wappen. Die beiden Königreiche England und Schottland sollen am 1. Mai 1707 für alle Zukunft in ein Königreich unter dem Namen Großbritannien vereinigt werden; die Wappenzeichen des besagten Vereinigten Königreiches sollen von Ihrer Majestät bestimmt werden, und die Kreuze des Hl. Georg und des Hl. Andreas sollen so miteinander verbunden werden, wie Ihre Majestät für richtig halten, und sollen in allen Flaggen, Bannern, Standarten und Fahnen sowohl zu Lande als auch zur See geführt werden.
 
Article II - Succession to the monarchy. That the succession to the monarchy of the United Kingdom of Great Britain and of the dominions thereto 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 twelfth year of the reign of his late Majesty King Williarn the Third intituled 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 rnarrying papists shall be excluded from and for ever icapable to inherit possess an enjoy the imperial crown of Great Bnitain and the dominions thereunto belonging an 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 papist or person rnarrying 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 intituled An Act declaring the rights and liberties of the subject and settling the succession of the crown.   Artikel II - Thronfolge. Die Thronfolge des Vereinigten Königreichs von Großbritannien und der dazugehörenden Gebiete soll nach Ihrer Allerheiligsten Majestät in Ermangelung von Nachkommen Ihrer Majestät der Allerhöchsten Prinzessin Sophia, Kurfürstin- und Herzoginwitwe von Hannover, und ihren leiblichen protestantischen Erben, auf welche die Krone Englands gegründet ist, wie es durch ein Gesetz des Parlaments von England im zwölften Jahr der Regierung Seiner Majestät, des vormaligen Königs Wilhelm des Dritten mit dem Titel "Ein Gesetz über die weitere Beschränkung der Krone und eine bessere Sicherung der Rechte und Freiheiten der Untertanen, bestimmt ist. Und alle Papisten und alle, die mit Papisten die Ehe eingehen, sollen ausgeschlossen und für immer unfähig sein, die Herrscherkrone Großbritanniens und der dazugehörigen Gebiete oder irgendeines Teiles davon zu erben, zu besitzen oder sich ihrer zu erfreuen, und in jeglichem solchen Fall sollen die Krone und die Herrschaft jeweils demjenigen Protestanten zufallen und er soll sich ihrer erfreuen, der sich auch im Falle des natürlichen Todes eines solchen Papisten oder einer solchen mit einem Papisten die Ehe eingehenden Person geerbt und in Besitz genommen haben würde, wie es in einem weiteren Gesetz des Parlaments von England im ersten Jahr der Regierung der vormaligen Majestäten König Wilhelm und Königin Maria mit dem Titel "Ein Gesetz über die Erklärung der Rechte und Freiheiten der Untertanen und die Festlegung der Thronfolgeordnung" bestimmt ist.
 
Article III - Parliament. That the United Kingdom of Great Britain be represented by one and the same Parliament to be stiled the Parliament of Great Britain.   Artikel III - Parlament. Das Vereinigte Königreich von Großbritannien soll durch ein und dasselbe Parlament unter der Bezeichnung "Das Parlament von Großbritannien" vertreten werden.

Das erste Parlament von Großbritannien wurde bereits am 29. April 1707 proklamiert.
 

Article IV - Trade and navigation and other rights. That 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.
 
  Artikel IV - Handel und Schiffahrt und andere Rechte.
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 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 of 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 so administred shall be attested by the Officer or Officers who administred the same And being Registred by the said Officer or Officers, shall be delivered to the Master of the ship for security of her Navigation and a Duplicate thereof shall be transmitted by the said Officer or Officers to the Chief 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.
 

  Artikel V.
Article VI - Regulations of trade, duties, etc. 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 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 Kindgom. 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 15 shillings Sterling per 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 Sea would prove a Discouragement to Tillage, Therefore that the Prohibition as 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.
 

  Artikel VI - Handelsbestimmungen, Zölle, ect.
Article VII - Excise. That all parts of the United Kingdom be for ever from and after the Union lyable to the same Excises upon all Exciseable Liquors excepting only that the 34 Gallons English Barrel of Beer or Ale amounting to 12 Gallons Scots present measure sold in Scotland by the Brewer at 9/6d Sterling excluding all Duties and Retailed including Duties and the Retailer's profit at 2d the Scots pint or 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 2s Sterling upon the forsaid 34 Gallons English barrel, being 12 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.
 
  Artikel VII - Verbrauchssteuern.
Article 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 Weigh or fourtie Bushells 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 Salt make in Scotland, as shall be then payable for Salt 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 exempted from the Duty of 2s 4d 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 2s 4d of Excise on the bushel of Home Salt, Scotland shall after the said seven years, bear a proportion of the said Fund, and have an 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 and 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 2s 4d a Bushel upon Salt is continued in England the said 2s 4d a Bushel shall be payable for all Salt made in Scotland and imported into England, to be levied and secured in the same manner And that during the continuance of the Duty of 2s 4d a Bushel upon Salt made in England no Salt whatsoever be brought from Scotland to England by Land in any manner under the penalty of forfeiting the Salt and the Cattle and Carriages made use of in bringing the same and paying 20s 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 one Justice of the Peace, by the space of six months without Bail, and until the penalty by payed:

And for Establishing an equality 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 Salmond 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 Premiums and Drawbacks as are or shall be allowed to such persons as Export the like Fish from England: And that for Encouragement of the Herring Fishing there shall be allowed and payed to the Subjects Inhabitants of Great Britain during the present allowances for other Fishes 10s 5d Sterling for every Barrel of White Herrings which shall be exported from Scotland; And that there shall be allowed 5s Sterling for every Barrel of Beef of 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 if any matters of 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.
 

  Artikel VIII.
Article IX - Land tax. 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 œ48,000 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 Britain.
 
  Artikel IX - Landessteuern.
     
Article X. That during the continuance of the respective Duties on Stampt paper, Vellom and Parchment, by the severall Acts now in force in England, Scotland shall not be charged with the same respective Duties.
 
   
Article XI. That during the continuance of the Duties payable in England on Windows and Lights which determines on 1st August 1710 Scotland shall not be charged with the same Duties.
 
   
Article XII. That during the continuance of the Duties payable in England on Coals, Culm and Cinders, which determines 30th September 1710 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 Coals, Culm and Cinders not consumed in Scotland.
 
   
Article XIII. That during the continuance of the Duty payable in England on Malt, which determines 24th June 1707, Scotland shall not be charged with that Duty.
 
   
     
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: 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 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 That there be no further Exemption insisted upon for any part of the United Kingdom, but that the consideration of any Exemption beyond that already agreed on in this Treaty, shall be left to the determination of the Parliament of Great Britain.
 

   
Article 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 œ398,085 10s 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 saids 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 present Customs in Scotland, being œ30,000 per annum : And which the present Excises on Excisable Liquors in Scotland, do bear to the Customs in England, computed at œ1,341,559 per annum :

And which the present Excises on Excisable Liquors in Scotland, being œ33,500 per annum, do bear to the Excises and Excisable Liquors in England, computed at œ947,602 per annum; Which sum of œ398,085 10s, 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 on Import and Export, and to the same Excises on all Exciseable Liquors

as in England as well as 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, 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 Accompt 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 encrease as shall be applicable to the payment of Debts of England.

And for the further and more effectuall answering the severall ends hereafter mentioned It is agreed that from and after the Union, the whole Encrease of the Revenues of Customs, 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, to 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 the said Increase as shall be applicable to the Debts of England, And generally that an Equivalent shall be answered to

And as for the uses to which the said sum of œ398,085 10s to be granted as aforesaid and all other monies, which are to be answered or allowed to Scotland as said is are to be applied It is agreed That in the first place out of the foresaid sum what consideration shall be found necessary to be had for any Losses which privat persons may sustain by reducing the Coin of Scotland to the Standard and Value of the Coin of England may be made good In the next place That the Capital Stock or fund of the African and Indian Company of Scotland advanced together with the interest for the said Capital Stock after the rate of 5% 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 Parliament in England for raising the said sum of œ398,085 10s the said Company shall neither Trade nor Grant Licence to Trade Providing that if the said Stock and Interest shall not be payed in twelve months after the Commencement of the Union That then the said Company may from thence forward Trade or give Licence to Trade until the said hail Capital Stock and Interest shall be payed:

And as to the Overplus of the said sum of œ398,085 10s after payment of what consideration shall be had for losses in repairing the Coin and paying the said Capital Stock and Interest, and also the hail 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 upon the Improvement 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 Scotland for such parts of the English Debts as Scotland may hereafter become lyable 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, in respect of which Debts, Equivalents are herein before provided.
 

   
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.
 
   
Article XVII - Weights an Measures. 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.
 
  Artikel XVII. Maße und Gewichte.
Article XVIII - Laws concerning public rights; private rights. That the Laws concerning Regulation of Trade, Customs, and such Excises, to which Scotland is by virtue of this Treaty to be liable, be 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 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 and the Laws which concern publick right Policy and Civil Government may be made the same throughout the whole United Kingdom; but that no alteration be made in Laws which concern private Right, except for the evident utility of the subjects within Scotland.
 
  Artikel XVIII - Gesetze betreffend der öffentlichen Rechte, private Rechte.
Article XIX - Court of Session, etc. 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 Kingdom, and with the same Authority and Priviledges 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 Jurisdictions be under the Lord High Admirall 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 Suspensions of the Sentences in Maritime Cases competent to the Jurisdiction of that Court remain the 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 Regualtions 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 Union, 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 Tutories, and in other things as the Court of Exchequer 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 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.
 

  Artikel XIX - Oberstes Zivilgericht, ect.
Article XX - Heritable offices, etc. 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.
 
  Artikel XX - Vererbbare Ämter, ect.
Article XXI - Royal burghs. That the Rights and Privileges of the Royall Burroughs in Scotland as they now are, Do Remain entire after the Union, and notwithstanding thereof.
 
  Artikel XXI - Königliche Burgen.
Article XXII - Sixteen peers of Scotland, scotish members of the House of commons. That by virtue of this Treaty, Of the Peers of Scotland at the time of the Union 16 shall be the number to Sit and Vote in the House of Lords, and 45 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 16 Peers, who are to sit in the House of Lords to be Summoned to Parliament and 45 Members to be Elected to sit in the House of Commons of the Parliament of Great Britain according to the Agreement in the Treaty, in such manner as by a subsequent Act of this present Session of the Parliament of Scotland shall be settled; Which Act is hereby Declared to be as 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 1st 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 than 50 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 16 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 16 Peers of Scotland, such 16 Peers being Summoned and Returned in the manner agreed by this Treaty; and the Members of the House of Commons of the said Parliament of England and the 45 Members for Scotland, such 45 Members being Elected and Returned in the manner agreed in this Treaty shall assemble and meet 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 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 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 otherwayes 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 entituled 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 30th year of the Reign of King Charles the Second entituled An Act for the more effectual preserving the Kings 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 Majesties 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 Majesties 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 this Realm, and the Queen of this Realm, mentioned in the Oaths and Declaration contained in the aforsaid 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.
 

  Artikel XXII - Sechzehn Lords von Schottland, schottische Mitglieder des Unterhauses.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Der Artikel XXII wurde
- hinsichtlich der 45 Mitglieder des Unterhauses für Schottland, aufgehoben durch das Gesetz über die Ergänzung der Vertretung des Volkes in Schottland vom 17. Juli 1832 (Reform Act); durch dieses Gesetz wurde die Zahl auf53 festgesetzt;
- hinsichtlich der 16 schottischen Adeligen im Oberhaus durch das Gesetz über den Adel von 1963
faktisch aufgehoben.
 

Article XXIII - Privileges of the sixteen Peers of Scotland. That the foresaid 16 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 16 Peers shall be summoned in the same manner, and have the same powers and priviledges 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 16 Peers of Scotland who sate in the last preceeding Parliament, shall be summoned in the same manner and have the same powers and privileges at such tryals as any other Peers of Great Britain;

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 hereafter 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.
 

  Artikel XXIII - Privilegien der sechzehn Lords von Schottland.

 

 

 

 

 

 

 

 

 

mit diesem Artikel wurde es faktisch unmöglich, neue schottische Adelstitel zu verleihen; der König konnte nur noch britische Adelstitel verleihen. Damit war der schottische Adel seit 1707 in seinem Bestand geschützt.

Durch das Gesetz über den Adel von 1963 wurden die schottischen Adeligen vollständig mit den englischen und britischen Adeligen gleichgestellt; damit war der Artikel XXIII faktisch aufgehoben.
 

Article XXIV - Heraldry; great seal; privy seal; regalia. 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 or Grants, which have usually passed the Great Seal of Scotland, and which only concern Offices, Grants, Commissions, and private Rights within the 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 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 Continue 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.
 

  Artikel XXIV - Heraldik, Großes Siegel, Geheimsiegel, Regale.
Article XXV - Laws inconsistent with the articles, void. 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 Parliaments of the said Kingdoms.
 
  Artikel XXV - Unwirksamkeit der mit diesen Artikeln nicht vereinbarenden Gesetze.

 

Schedule / Anhang
 
As by the said articles of union ratified and approved by the said Act of Parliament of Scotland relation (being thereunto) had may appear.
 
   
2. Acts of Scotland herein mentioned, confirmed.

And the tenor of the aforesaid Act for securing the Protestant religion and Presbyterian Church government within the kingdom of Scotland is as follows:

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 an concerning any alterations of the worship discipline and government of the Church of this kingdom as now by law established which treaty being now reported to the Panliament 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 aforesaid ratifies approves and for ever confirms the fifth Act of the first Parliament of King William and Queen Mary intituled Act ratifying the confession of faith and settling Presbyterian Church government with all 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 April one thousand six hundred and eighty nine. And her Majesty with advice and consent aforesaid expresly 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 Presbytenian Church government and discipline (that is to say) the government of the Church by kirk sessions presbyteries provincial synods and general assemblies all established by the foresaid Acts of Parliament pursuant to the claim of right shall remain and continue unalterable and that the said Presbytenian government shall be the only government of the Church within the kingdom of Scotland.

And funther fan the greater security of the forsaid Protestant religion 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 colledges of Saint Andrew‘s,  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 others bearing office in any university colledge or school within this kingdom be capable an 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 prescribed or to be prescribed by the Act of Parliament as also that before or at their admissions they ... shall subscribe to the foresaid confession of 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 their bounds by whatsoever gift presentation or provisions they may be theret provided.

And further her Majesty with advice aforesaid expresly declares and statutes that name of the subjects of this kingdom shall be liable to put all and every one of them for ever free of any oath, test or subcription within this kingdom contrary to or inconsistent with the foresaid true Protestant religion and Presbytenian 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 decrease of her present Majesty (whom God long preserve) the soveraign succeeding to her in the royal government of the kingdom of Great Bnitain shall in all time coming at his or her accession to the crown swear subscribe that they shall inviolably maintain and preserve the foresaid settlement of the true Protestant religion with the government worship discipline right and privileges 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 expresly declared to be a fundamental and essential condition of the said treaty or union in all time coming which articles of union and Act immediately above written her Maiesty with advice and consent aforesaid statutes enacts and ordains to be and continue in all time coming the sure and perpetual foundation of a compleat and entire union of the two kingdoms of Scotland and England under the express condition and provision that this approbation and ratification of the foresaid articles and Act shall be no ways binding an this kingdom until the said articles and Act be ratified approved and confirmed by her Maiesty 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 declaring neventheless that the Parliament of England may provide for the security of the Church 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 favour 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 off 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 they are contrany to an inconsistent with the terms off these articles as above mentioned shall from and after the union cease and become vaid.
 

  2. Die nachfolgenden Gesetze Schottlands werden bestätigt.

Und der Inhalt eines der vorgenannten Gesetze über die Sicherheit der protestantischen Religion und der Organisation der presbyterianischen Kirche des Königreichs Schottland ist die folgende:

 

3. Recital 6 Anne c. 8. And whereas an Act hath passed in this present session of Parliament intituled "An Act for securing the Church of England" as by law established the tenor whereof follows:

Whereas by an Act made in the session of Parliament held in the third and founth year of her Majesties reign whereby her Majesty was impowered to appoint commissioners (under the great seal of England to treat with commissioners) to be authorized by the Parliament of Scotland concerning an union of the kingdoms of England and Scotland it is provided and enacted that the commissioners to be named in pursuance of the said Act should not treat of or concerning any alteration of the liturgy, rites, ceremonies, discipline or government of the Church as by law established within this realm. And whereas certain commissionors appointed by her Majesty in pursuance of the said Act and also other commissioners nominated by her Majesty by the authority of the Parliament of Scotland have met and agreed upon a treaty of union of the said kingdoms which treaty is now under the consideration of this present Parliament. And whereas the said treaty (with same alterations therein made) is ratified and approved by Act of Parliament in Scotland and the said act of ratification is by her Majesties royal command laid before the Parliament of this kingdom. And whereas it is reasonable and necessary that the true Protestant religion professed and established by law in the Church of England and the doctrine worship discipline and government thereof should be effectually and unalterably secured. Be it 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 assembbed and by authority of the same that an Act made in the thinteenth year of the reign of Queen Elisabeth of famous memory intituled "An Act for the ministers of the Church to be of sound religion" and also another Act made in the thirteenth year of the reign of the late King Charles the Second intituled "An Act for the uniformity of the publick prayers and administration of sacraments and other rites and ceremonies and for establishing the form of making ordaining and consecrating bishops, priests and deacons in the Church of England" (other than such clauses in the said Act on eithrn of them as have been repealed or altered by any subsequent Act or Acts of Parliament) and all and singular other Acts of Parliament now in force for the estabishment and preservation of the Church of England and the doctrine worship discipline and government thereof shall remain and be in full force for ever.

And be it further enacted by the authority aforesaid that after the demise of her Majesty (whom God lang preserve) the Soveneign next succeeding to her Majesty in the royal government of the kingdom of Great Britain and so for ever hereafter every King an Queen succeeding and coming to the rayal government of the kingdom of Great Britain at his or her coronation shall in the presence of all persons who shall be attending assisting or otherwise then and there present take and subcnibe an oath to maintain and preserve inviolably the said settlement of the Church of England and the doctrine worship discipline and government thereof as by
law established within the kingdoms of England and Ireland the dominion of Wales and town of Berwick upon Tweed and the territories thereunto belonging.

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 he 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.
 

  3. Berufung auf 6 Anne c. 8. Und in Anbetracht des Gesetzes, das in der gegenwärtigen Sitzungsperiode des Parlaments mit dem Titel "Ein Gesetz über die Sicherheit der Kirche von England" als Recht begründet wurde, hat folgenden Inhalt:
4. The said articles and Act of Parliament of Scotland confirmed. May it herefore 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 mentiored and inserted and also the said Act of Parliament of Scotland for establishing the Protestant religion and Presbytenian Church government within that kingdom intituled Act for securing the Protestant religion and Presbytenian 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.
 
  4. Bestätigung der besagten Artikel und Gesetze des Parlaments von Schottland.
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 anticles and union and the said articles of union so as aforesaid ratified approved and confirmed by Act of Parliament of Scotband and by this present Act and the said Act passed in this present session of Parliament intituled an Act for securing the Church of Scotland intituled Act for securing the Protestant religion and Presbytenian 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.
 
  5. Kapitel 8 des Vorherigen und des besagten Gesetzes des Parlaments von Schottland sind als fundamentale Bedingungen der besagten Union zu befolgen und die besagten Artikel und Gesetze des Parlaments zur Fortsetzung der Union.
6. Recital of Act of Parliament of Scotland for settling election of the sixteen peers and forty-five membens 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:

Our soveraign lady considering that hy the twenty second article of the treaty of union as the same is ratified by an Act passed in this session of Parliament upon the 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 an 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 plurabity 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 wniting duby signed before witnesses and both the consituent 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 ...  It is always hereby expresly provided and declared that name shall be capable to elect or be elected for any of the said estates but such as are twenty one years of age complete ...
 

  6. Bestätigung des Gesetzes des Parlaments von Schottland über die Grundlage der Wahl der sechzehn Lords und fünfundvierzig Mitglieder für Schottland.

 

 

 

 

 

 

 

 

 

 

 

 

 


hinsichtlich der Gegenstandslosigkeit dieses Paragraphen siehe Artikel XXII der Unionsakte.

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.

 

  7. Erklärung über die Wirksamwerdung des besagten Gesetzes, wenn es Teil der besagten Artikel über die Union wird.

 

Gesetz über die Ergänzung des Gesetzes über die Union mit Schottland
(Union with Scotland (Amendment) Act )

An Act for rendring the Union of the Two Kingdoms more intire and complete

von 1707
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:
 
   
1. 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 for 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.
 
  1. Ein Geheimer Rat für Großbritannien.
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 furthen enacted by the authonity aforesaid that in every shire and stewartry within ... Scotland and also in such cities, boroughs, liberties and precincts within Scotland as her Majesty her heirs of successors shall think fit there shall be appointed by her Majesty her heirs an 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 sevenal 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 befone the union in relation to or for the presenvation of the publick peace. Provided nevertheless that in the sessions of (the) peace the methods of tryal and judgement shall be according to the laws and customs of Scotland.
 
  2. Ernennung der Friedensrichter für Schottland.
3. Provisio for Edinburgh, and other royal burghs. Provided that nothing in this Act contained shall be construed to alter an infringe any rights, liberties or privileges heretofore granted to the city of Edinburgh an to any other royal borough of being justice of peace within their respective bounds.
 
3. Klausel für Edinburg und andere königliche Burgen.

Das Unionsgesetz 1706-1707 hat die beiden Völkerrechtssubjekte "Königreich England" (mit Wales) und "Königreich Schottland", das seit dem Jahre 1603 in Personalunion unter einem König oder einer Königin stand, mit Wirkung vom 1. Mai 1707 zu einem neuen Völkerrechtssubjet mit dem Namen "Vereinigtes Königreich von Großbritannien" vereinigt. Während England als Hauptteil des Vereinigten Königreichs vollständig in diesem aufging, erhielt Schottland einige Sonderrechte, so eine eigene Staatskirche (die Presbyterian Church) und behielt sein eigenes Rechts- und Justizsystem, was bis heute so ist. Durch das Gesetz über Schottland (Scotland Act) vom 19. November 1998 wurde 1999 erstmals seit 1707 wieder ein schottisches Parlament eingerichtet.

 


Quellen: Günther Doeker, Malcolm Wirth / Das politische System Großbritanniens
Günther Franz, Staatsverfassungen der Vergangenheit und Gegenwart, 1960 und 1975  Oldenbourg-Verlag
P.C. Mayer-Tasch, Die Verfassungen Europas, Verlag Kröner, 1966
Die Verfassungen der EG-Mitgliedstaaten (dtv 5554) 1., 3., 4. und 5. Auflage, dtv-Verlag
http://www.scotshistoryonline.co.uk/union.html
© 21. April 2001 - 11. März 2005


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