X. That during the continuance of the respective duties on ftamped paper, vellum, and parchment, by the feveral acts now in force in England, Scotland fhall not be charged with the fame refpective duties.

XI. That, during the contiRuance of the duties payable in England on windows and lights, which determines on the firft day of August 1710, Scotland fhall not be charged with the fame duties.

XII. That, during the continuance of the duties payable in England on coals, culm, and cynders, which determines the thirtieth day of September 1710, Scotland fhall not be charged , therewith for coals, culm, and cynders confumed there, but fhall be charged with the fame duties as in England for all coals, culm, and cynders not confumed in Scotland.

XIII. That, during the continuance of the duty payableon England on malt, which determines the twenty-fourth day of June 1707, Scotland fhall 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 thefe confented to in this treaty; in regard it is agreed, That all neceffary provifion fhall be made by the parliament of Scotland for the

The

public charge and fervice of that kingdom for the year 1707. Provided nevertheless, That if the parliament of England fhall think fit to lay any further impofitions by way of cuftoms, or fuch excifes, with which, by virtue of this treaty, Scotland is to be charged equally with England; in fuch cafe Scotland fhall be liable to the fame cuftoms and excifes, and have an equivalent to be fettled by the parliament of Great-Britain, with this further provifion, That any malt to be made and confumed in that part of the united kingdom, now called Scotland, fhall not be charged with any impofition on malt, during this prefent war. And feeing it cannot be fuppofed, that the parliament of Great Britain will ever lay any fort of burdens upon the united kingdom, but what they fhall find of neceffity at that time for the prefervation and good of the whole, and with due regard to the circumftances and abilities of every part of the united kingdom; therefore it is agreed, That there be no further exemption infifted upon for any part of the united kingdom, but that the confideration of any exemptions beyond what is already agreed on in this treaty, fhall be left to the determination of the parliament of Great-Britain.

XV.

1706.

XV. That whereas by the terms of this treaty, the fubjects of Scotland, for preferving an equality of trade throughout the united kingdom, will be liable to feveral customs and excifes now payable in England, which will be applicable towards payment of the debts of England, contracted before the union; it is agreed, That Scotland fhall have an equivalent for what the fubjects thereof fhall be fo charged towards payment of the faid debts of Eng. land in all particulars whatfoever, in manner following, viz. That, before the union of the faid kingdoms, the fum of three hundred ninety-eight thoufand and eighty-five pounds, ten fhillings, be granted to her majefty by the parliament of England for the ufes after-mentioned, being the equivalent to be answered to Scotland for fuch parts of the faid cuftoms and excifes upon all excifeable liquors, with which that kingdom is to be charged upon the union, as will be applicable to the payment of the faid debts of England, according to the proportions which the prefent cuftoms of Scotland, being thirty thousand pounds per annum, do bear to the customs in England, computed at one million, three hundred and forty-one thoufand, five hundred and fifty nine pounds per annum. And which the prefent excifes on excifeable liquors in Scotland, being thirty three thoufand and five hundred

French are defi

pounds per annum, do bear to the excifes on excifeable liquors in England, computed at nine hundred and forty-feven thoufand, fix hundred and two pounds per annum ; which fum of three hundred and ninetyeight thoufand eightyfive pounds ten fhillings, fhall be due and payable from the time of the union. And in regard, that, after the union, Scotland becoming liable to the fame cuftoms and duties payable on import and export, and to the fame excifes on all excifeable 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 confequence of the union) the faid revenues will much improve beyond the before-mentioned annual values thereof, of which no prefent estimate can be made: yet nevertheless, for the reafons aforefaid, there ought to be a proportionable equivalent anfwered to Scotland; it is agreed, That, after the union, there fhall be an account kept of the faid duties arifing in Scotland, to the end it may appear what ought to be answered to Scotland as an equivalent for fuch proportion of the faid increase, as fhall be applicable to the payment of the debts of England. And, for the further and more effectual anfwering the feveral ends hereafter mentioned; it is agreed, That, from and after the union, the whole increase

of

rous of

engaging.

of the revenues of customs and duties on import and export, and excifes upon excifeable liquors in Scotland, over and above the annual produce of the faid refpective duties as above ftated, fhall go and be applied for the term of feven years to the ufes hereafter mentioned, and that upon the faid account there fhall be answered to Scotland annually, from the end of feven years after the union, an equivalent in proportion to fuch part of the faid increase, as fhall be applicable to the debts of England; and generally, that an equivalent thall be anfwered to Scotland for fuch parts of the English debts as Scotland may hereafter become liable to pay by reafon of the union, other than fuch, for which appropriations have been made by parliament in England, of the cuftoms or other duties on export and import, excifes on all excifeable liquors in refpect of which debts, equivalents are herein before provided. And as for the uses, to which the faid fum of three hundred and ninetyeight thousand and eighty-five pounds, ten fhillings, to be granted as aforefaid, and all other monies, which are to be anfwered or allowed to Scotland as faid is, are to be applied, it is agreed, That in the first place, out of the aforefaid fum, what confideration fhall be found neceffary to be had for any loffes, which private perfons may fuftain, by reducing the coin of

:

were

Scotland to the ftandard and value of the coin of England, may be made good. In the next place, that the capital flock, or fund of the African and Indian company of Scot land, advanced together with the intereft for the faid capital ftock after the rate of five per cent. per annum, from the refpective times of the payment thereof, fhall be paid upon payment of which capital flock and intereft, it is agreed, The faid company be diffolved and ceafe; and also, that from the time of paffing the act of parliament in England for raifing the faid fum of three hundred and ninety-eight thoufand and eighty-five pounds, ten fhillings, the faid company fhall neither trade, nor grant licence to trade, providing, That if the faid ftock and intereft fhall not be paid in twelve months after the commencement of the union, that then the faid company may from thence forward trade, or give licence to trade, until the faid whole capital stock and intereft fhall be paid. And as to the overplus of the faid fum of three hundred and ninetyeight thoufand and eighty-five pounds, ten fhillings, after payment of what confideration fhall be had for loffes in repairing the coin, and paying the faid capital ftock and intereft; and also the whole increase of the faid revenues of customs, duties, and excifes, above the prefent value, which fhall arife in Scotland during the faid term of

feven

XVII. That, from and after the union, the fame weights and meafures fhall be used throughout the united kingdom, as are now established in England; and ftandards of weights and measures shall be kept by thofe burghs in Scotland, to whom the keeping the 'ftandards of weights and meafures, now in ufe there, does of fpecial right belong. All which ftandards fhall be fent down to fuch refpective burghs from the ftandards kept in the Exchequer at Weftminster, fubject nevertheless to fuch regulations, as the parliament of Great Britain shall think fit.

XVIII. That the laws concerning regulation of trade, cuftoms, and fuch excifes to which Scotland is, by virtue of this treaty, to be liable, be the fame in Scotland, from and after the union, as in England; and that all other laws in ufe within the kingdom of Scotland, do, after the union, and notwith landing thereof, remain in the fame force as before (except fuch as are contrary to, or inconfiftent with this treaty) but alterable by the parliament of Great Britain with this difference betwixt the laws concerning public right, policy, and civil government, and thofe which concern private right, that the laws, which concern public right, policy, and civil government, may be made the fame throughout the whole united kingdom; but that no alte

the

ration be made in laws which concern private right, except for evident utility of the fubjects within Scotland.

XIX. That the court of feffion, or college of Justice, do, after the union, and notwithftanding thereof, remain in all time coming within Scotland, as it is now conftituted by the laws of that kingdom, and with the fame authority and privi leges as before the union, fubject nevertheless to fuch regulations, for the better adminiftration of juftice, as fhall be made by the parliament of GreatBritain; and that hereafter none fhall be named by her majefty, or her royal fucceffors, to be ordinary lords of feffion, but fuch who have ferved in the college of juftice as advocates, or prin cipal clerks of feflion for the fpace of five years; or as writers to the fignet, for the space often years; with this provision, I hat no writer to the fignet be capable to be admitted a lord of the feffion, unless he undergo a private and public trial on the civil law, before the faculty of advocates, and be found by them qualified for the faid of fice, two years before he be named to be a lord of feffion : Yet fo, as the qualification made, or to be made, for capacitating perfons to be named ordinary lords of feffion, may be altered by the parliament of Great-Britain. And that the court of justiciary do alfo, after the union, and, notwithstand

ing