the field-deputies of the States, that their arrears fhould be 1706. paid them. The duke of Wirtemberg, who commanded those troops, and was well affected to the common cause, ing 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 privileges as before the union, fubject nevertheless to fuch regulations as fhall be made by the parliament of Great Britain, and without prejudice of other rights of jufticiary; and that all admiralty jurifdictions be under the lord high-admiral, or commiffioners for the admiralty of Great-Britain for the time being; and that the court of admiralty, now eftablished in Scotland, be continued, and that all reviews, reductions, or fufpenfions of the fentences in maritime cafes, competent to the jurifdiction of that court, remain in the fame manner after the union, as now in Scotland, until the parliament of GreatBritain shall make fuch regulations and alterations as fhall be judged expedient for the whole united kingdom, fo as there be always continued in Scotland a court of admiralty, fuch as is in England, for determination of all maritime cafes relating to private rights in Scotland, competent to the jurifdiction of the admiralty-court, fubject neverthelefs to fuch regulations and alterations as fhall be thought proper to be made by the parliament of Great Britain; and that the heritable rights of admiralties and vice-admiralties in Scotland be referved to the respective proprietors as rights, of property, fubject nevertheVOL. XVI. 1 feeing lefs, as to the manner of exer. cifing fuch heritable rights, to fuch regulations and alterations as fhall 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 fubject to alterations by the parliament of GreatBritain; and that all inferior courts within the faid limits do remain fubordinate, as they are now, to the fupreme courts of juftice within the fame in all time coming: and that no caufes in Scotland be cognofcible by the courts of Chancery, Queen's-Bench, Common-Pleas, or any other court in Weftminfter-hall; and that the faid courts or any other of the like nature, after the union, fhall have no power to cognofce, review, or alter the ads or fentences of the judicature within Scotland, or ftop the execution of the fame: And that there be a court of Exchequer in Scotland after the union, for deciding queftions concerning the revenues of cuftoms and excifes there, having the fame power and authority in fuch cafes, as the court of Exchequer has in England; and that the faid court of Exchequer in Scotland have power of palling fignatures, gifts, tutories, and in other things, as the court of Exchequer, at prefent in Scotland hath; and that the court of Exchequer, that now is in Scotland, do remain until a new court of Exchequer be fetled by the parliament of Great R Britain 1706. feeing every thing was complied with, that the king of Denmark infifted on, thought he needed not to ftay, till he fent to that court, nor wait for exprefs orders; and therefore command Britain in Scotland after the uni- XX. That all heretable of- XXI. That the rights and privileges of the royal boroughs in Scotland, as they now are, do remain intire after the union, and notwithstanding there- of. XXII. That, by virtue of this treaty, of the peers of Scotland at the time the union, fixteen fhall be the number to fit and vote in the house of lords, and forty-five the number of the reprefentatives of Scotland, in the houfe of commons, of the parliament of Great-Britain; and that when her majefty, her heirs and fucceffors, fhall declare her or their pleasure, for holding the firft or any fubfequent parliament of Great-Britain, until the parliament of Great-Britain fhall make further provifion therein, a writ do iffue under the great-feal of the united kingdom, directed to the privycouncil of Scotland, commanding them to caufe fixteen peers, who are to fit in the houfe of lords, to be fummoned to parliament; and forty-five members to be elected to fit in the houfe of commons of the parliament of Great-Britain, according to the agreement in this treaty, in fuch manner as by an act of this prefent feffion of parliament of Scotland is, or fhall be fettled; which act is hereby declared to be as valid as if it were a part of, and ingroffed in this treaty: And that the names of the perfons fo fummoned and elected, shall be returned by the privy-council of Scotland, into the court from whence the faid writ did iffue. And that if her majefty, on or before the first day on May next, on which day the union is to take place, fhall declare under the great-feal of England, that it is expedient that the lords of parliament of England, and commons of the prefent parliament of England, fhould be the members of the refpective houses of the first parliament of Great-Britain, for and on the part of England, then the faid lords of parliament. of England, and commons of the prefent parliament of England fhall be the members of the refpective houfes of the first parliament of Great-Britain, for and on the part of England. And her majefty may, by her royal proclamation, under the great-feal of Great-Britain, appoint the faid first parliament of Great-Britain, to meet at fuch time and place as her majefty fhall think fu, which time fhall manded his troops to march; and they made fuch expedition, that on the 22d of May, N. S. being the day before the battle, ceeding parliaments of GreatBritain; until the parliament of Great-Britain fhall otherways direct, fhall take the respective oaths appointed to be taken, inftead of the oaths of allegiance and fupremacy, by an act of parliament made in England, in the first year of the reign of the late king William and queen Mary, intitled, An act for the abrogating of the oaths of fupremacy and allegiance, and appointing other oaths; and make, fubfcribe, and audibly repeat the declaration mentioned in the act of parliament made in England, in the thirtieth year of the reign of king Charles II. intitled, An act for the more effectual preferving the king's perfon and government, by dif abling papifts from fitting in either houfe of parliament; and fhall take and fubfcribe the oath mentioned in an act of parliament made in England, in the first year of her majefty's reign, intitled, An act to declare the alterations in the oath appointed to be taken by the act, intitled, An act for the further fccurity of her majefty's perfon, and the fucceffion of the crown in the proteftant line, and for extinguishing the hopes of the pretended prince of Wales, and all other pretenders, and their open and fecret abettors; and for the declaring the affociation to be determined at fuch time and in fuch manner as the members of both houses of parliament of England are, by the faid refpective acts, directed to take, make and fubfcribe the fame, fhall not be less than fifty days after the date of fuch proclamation: and, the time and place of the meeting of fuch parliament being fo appointed, a writ fhall be immediately iffued under the great-feal of Great-Britain, directed to the privy-council of Scotland, for the fummoning the fixteen peers, and for electing fortyfive members, by whom Scotland is to be reprefented in the parliament of Great Britain and the lords of parliament of England, and the fixteen peers of Scotland, fuch fixteen peers being fummoned and returned in the manner agreed in this treaty; and the members of the house of commons of the faid parliament of England, and the forty-five members for Scotland, fuch forty-five members being elected and returned in the manner agreed in this treaty, fhall affemble and meet refpectively in their refpective houfes of the parliament of GreatBritain, at fuch time and place as fhall be fo appointed by her majefty, and fhall be the two houfes of the first parliament of Great-Britain, and that parliament may continue for fuch time only, as the prefent parliament of England might have continued, if the union of the two kingdoms had not been made, unless fooner diffolved by her majefty. And that every one of the lords of parliament of Great-Britain, and every member of the houfe of commons of the parliament of GreatBritain, in the firft, and all fuc 1706. 1706. battle, they came up within a league of the rear of the con federate army. upon the penalties and difabilities in the faid refpective acts contained. And it is declared and agreed, that thefe words, This realm, The crown of this realm, and, The queen of this realm, mentioned in the oaths and declaration contained in the aforefaid acts, which were intended to fignify the crown and realm of England, fhall be underflood of the crown and realm of Great Britain; and that, in that fenfe, the faid oaths and declaration be taken and fubfcribed by the members of both houfes of the parliament of Great-Britain. XXIII. That the aforefaid fixteen peers of Scotland, mentioned in the last preceding article, to fit in the houfe of lords of the parliament of GreatBritain, fhall have all privileges of parliament, which the peers of England now have, and which they, or any peers of Great Britain, fhall have after the union, and particularly the right of fitting upon the trials of peers: And in cafe of the trial of any peer, in time of adjournment, or prorogation of parliament, the faid fixteen peers hall be fummoned in the fame manner, and have the fame powers and privileges at fuch trial, as any other peers of GreatBritain; and that, in cafe any trials of peers fhall hereafter happen when there is no parliament in being. the fixteen peers of Scotland who fat in the lat preceding parliament, fhall be fummoned in the fame manner, and have the fame rowers and privileges at fuch trials, as About any other peers of Great-Britain : And that all peers of Scotland, and their fucceffors to their honours and dignities, fhall, 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 fhall be tried as peers of GreatBritain, and fhall 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 fame, except the right and privilege of fitting in the houfe of lords, and the privileges depending thereon, and particularly the right of fitting upon the trials of peers. XXIV. That, from and after the union, there be one great-feal for the united kingdom of Great-Britain, which fhall be different from the greatfeal now ufed in either kingdom; and that the quartering the arms and the rank and precedency of the lion king of arms of the kingdom of Scotland, as may beft fuit the union, be left to her majefty: And that, in the mean time, the great feal of England be ufed as the greatfeal of the united kingdom; and that the great-feal of the united kingdom be used for fealing writs to elect and fummon the parliament of GreatBritain, and for fealing all trea ties About the fame time, the French having been joined by 1706. the horse of marfhal de Marfin's army, and confiding in their fuperiority of numbers, came out of their lines, and incamped between Tirlemont and Judoigne. The next day, being Whitfunday, about four o'clock in The batthe morning, the confederate army marched in eight columns tle of towards Ramillies, a village, near which the Gheet takes Ramillies. its fource, that they might avoid the inconveniency of paffing that river (a). They foon had information, that the ties with foreign princes and ftates, and all public acts, inftruments, and orders of flate, which concern the whole united kingdom, and in all other matters relating to England, as the great-feal of England is now ufed; and that a feal in Scotland, after the union, be always kept and made use of in all things relating to private rights or grants, which have afually paffed the great-feal of Scotland, and which only concern offices, grants, commiffions, and private rights within that kingdom; and that, until fuch feal be appointed by her majefty, the prefent great-feal of Scotland fhall be used for fuch purposes; and that the privy-feal, fignet, caffet, fignet of the jufticiary-court, quarterfeal, and feals of courts now ufed in Scotland be continued: but that the faid feals be altered and adapted to the ftate of the union, as her majefty fhall think fit; and the faid feals, and all of them, and the keepers, of them, fhall be fubject to fuch regulations, as the parliament of Great Britain fhall hereafter make. And that the crown, fcepter, and fword of ftate, the records of parliament, and all other records, rolls, and registers whatsoever, both public and private, general and particular, and warrants thereof, continue to be kept as they are enemy's within that part of the united kingdom now called Scotland; and that they fhall fo remain in all time coming, notwithstanding of the union. XXV. That all laws and ftatutes in either kingdom, fo far as they are contrary to, or inconfiftent with, the terms of thefe articles, or any of them, fhall, from and after the union, ceafe and become void, and shall be fo declared to be by the refpective parliaments of the said kingdoms. (a) Ramillies is a village (furrounded with a ditch) in Brabant, in the district of Louvain, by the skirts, of the province of Namur, rendered famous to all posterity by the glorious victory obtained there by the duke of Marlborough and monfieur d'Auverquerque, over the elector of Bavaria and marfhal Villeroy, which was followed by the reduction of almoft all the Netherlands in two months time. It lies at the head of the Gheet, about a mile and half north from the fide of the Mehaigne, that interval being the narrow aperture where that glorious battle was fought. It is fix miles almost fouth from Judoigne, twelve miles fouth from Tirlemont, fourteen miles weftnorth-weft from Huy, and ele ven miles north from Namur, R 3 |