A. C. land, deliver'd to the Board their Lordships Anfwer 1706. to the Paper deliver'd by the Lords Commisfioners for Scotland the Day before, viz.

All the Matters which have hitherto been under 'the Confideration of the Lords Commisfioners for both Kingdoms, appearing by the Paper deliver'd by the Lords Commisfioners for Scotland the 24th Inftant, to be adjusted, except only the Determination of the Equivalent, and the time for which the Exemption of Scotland from the Duty on Salt is to endure (both which things are put into a proper Method to be brought to a Conclufion;) The Lords Commisfioners for England are ready to receive any further Propofal from the Lords Commisfioners for Scotland, in order to the bringing this Treaty to a fpeedy and happy Conclufion.

Nineteenth In the next Meeting, the Lord Chancellor, in the Meeting, Name of the Scotch Commisfioners, acquainted the +May 27 Board That they were preparing a Propofal, concerning the Refervation of Laws and Judicatures in Scotland after the Union, which would be ready to be offer'd to the Board at the next Meeting.

Twentieth

Accordingly, on the 29th of May, the Lord ChanMeeting cellor, in name of the Lords Commisfioners for Scot May 29. Land, deliver'd the following Propofal :

The Lords Commisfioners for Scotland, having already agreed to an Equality of Customs and Excile upon all excifable Liquors, and to the fame Regulations of Trade throughout the whole United Kingdom, as a confequence thereof, their Lordfhips do now agree, that the Laws concerning Regulations of Trade, Cuftoms and Excife upon all excitable Liquors, be the fame in Scotland after the Union as in England,

But the Lords Commisfioners for Scotland do propofe, That all other Laws in ufe within the Kingdom of Srorland, do, after the Union, and notwithftanding thereof, remain in the fame Force as be"fore, but alterable by the Parliament of Great-Britain, with this difference betwixt the Laws concerning publick Right, Policy and Government, and thofe which concern private Right; that the Laws "which concern publick Right, Policy and Govern'ment may be made the fame throughout the whole 'United Kingdom: but that no Alteration be made

in Laws which concern private Right, except for A. C. evident Utility of the Subjects within that part of 1706. the United Kingdóm now called Scotland. And as to the Judicatures within Scotland, the Lords Commisfioners for Scotland do propofe as followeth. "That the Court of Seffion, or College of Juftice, 'do, after the Union, and notwithstanding thereof, remain in all time coming within Scotland, as 'tis now constituted by the Laws of that Kingdom, and with the fame Authority and Priveleges as before the Union; fubject nevertheless to fuch Regulations, for the better Administration of Juftice, as fhall be made by the Parliament of Great-Britain.

That the Court of Jufticiary do alfo, after the Union, and notwithstanding thereof, remain' in all time coming within Scotland, as 'tis 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.

That all other Courts prefently in Being with' in the Kingdom of Scotland do remain, but fubject 'to Alterations by the Parliament of Great-Britain; ' and that all inferior Courts within the faid Limits do remain fubordinate, as they now are, to the fupreme Courts of Juftice within the fame, in all time coming.

"That no Caufes in the Kingdom of Scotland be cognizable by the Courts of Chancery, Queen's Bench, Common-Pleas, or any other Court in Westminster-Hall; and that the faid Courts, or any others of the like Nature, after the Union, fhall have no power to cognofce, review or alter the Acts. or Sentences of the Judicatures within Scotland, or 'ftop the Execution of the fame.

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That there be a Court of Exchequer in Scotland, after the Union, for deciding Questions concerning 'the Revenues of Cuftoms and Excifes, having the fame Power and Authority as the Court of Exchequer has in England; and that the faid Court of Exchequer in Scotland have power of pafting Signatures, 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 "So tland

D

A. C. Scotland do remain, until a new Court of Exche1706.quer be fettled by the Parliament of Great Britain C in that Kingdom after the Union.

That, after the Union, the Queen's Majesty, and 'her Royal Succeffors, may continue a Privy Coun'cil in Scotland, for preferving of publick Order and "Peace, until the Parliament of Great Britain fhall think fit to alter it, or establish any other effectual, 'Methods for that end.

"That all Heretable Offices and Jurifdictions, and Offices and Jurifdictions for Life be referv'd to the Owners thereof, as Right of Property, notwithftanding of this Treaty, in the fame manner as they $ are now enjoy'd by the Law of Scotland.

"That the Rights and Privileges of the Royal Boroughs in Scotland, as they now ate, do remain entire after the Union, and notwithstanding thereof. To this Propofal, the Lord Keeper in the Name ing,+May of the English Commisfioners, deliver'd, the next † t day, the following Anfwer:

21ft Mee

30.

22d. Mee

3.

The Lords Commisfioners for England having confider'd the feveral Proposals contain'd in the Paper deliver'd the 29th. Inftant, by the Lords Commisfioners for Scotland, and being extremely defirous to bring this Treaty to a speedy and happy Conclufion, do agree to the fame, referving ftill the Confideration of the Courts of Admiralty of Scotland to the farther progrefs of this Treaty.

On the first day of June the Lord Keeper acquainting June ted the Board, "That theirLordships for England were preparing fome Propofals which would be ready to be offer'd to the Board at the next Meeting. Accordingly, four Days after, the Lord Treasurer, in the name of the Lords Commisfioners for England, deliver'd to the Board the following Anfwer to the Propofal offer'd by the Lords Commisfioners for Scot23d. Mee- land the 21st. of May, viz.

ting, June

5.

The Lords Commisfioners for England having ta'ken into confideration the Propofals deliver'd in to them the 21ft. day of May laft by the Lords Commisfioners for Scotland, for the effectual preventing the Exportation of Scotch Salt to England, or the Plantations, without paying the fame Excifes with which English Salt is charg d, during the Exemption allow'd to Scotland from the faid Duty, do give

the

6

Queen ANNE's Reign.

39

the following Anfwers to the feveral Propofals A. C. 'therein.

1. As to the first Article of the Propofal,viz. That no Salt be tranfported from Scotland to England by Land under the penalty of forfeiting the Salt, and the Horfes us'd in tranfporting it, and paying ten Shillings for every Bufhel of Salt fo tranfported, 'for which the Carrier, as well as the Owner, fhall be liable conjunctly and feverally, and the Carrier be imprifon'd until the faid Penalty be paid.

The Lords Commiflioners for England do agree to the fame with the Alterations following, viz. That no Salt be tranfported from Scotland to England by Land in any manner whatfoever, under the penalty of forfeiting the Salt, and the Cattle and Carriages made ufe of in tranfporting it, and paying 20. for every Bushel of fuch Salt, and preportionable for a greater or leffer Quantity, for which the Carrier, as well as the Owner, fhall be liable conjunctly and feverally, and the Perfons carrying the fame to be imprifon'd, by any one Juftice of the Peace, by the fpace of fix Months, without Bail or Mainprize, and until the Penalty be paid.

2. As to the fecond Article relating to Salt Wa fter-born to be carry'd from Port to Port in Scotland, and Salt exported from Scotland to England, or the 'Plantations:

"The Lords Commisfioners for England, as to that part of it which relates to Salt Water-born to be carry'd from Port to Port in Scotland, do agree to 'the fame.

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And as to that part of the faid Propofal which relates to Salt exported from Scotland to England by Sea, the Lords Commitlioners for England do propofe, That there fhall be paid in England for all Salt made in Scotland, and imported from thence into England, the fame Duties upon the Importa tion as fhall be paid for Salt made in England, to be levy'd and fecur'd in the fame manner as the Duties on forreign Salt are to be levy'd and fecur'd in England; and if any other Salt, which is not made in Scotland, fhall be imported from thence into England, the fame to be charged with the Duties on Foreign Salt imported into England, to be levy'd

and

1706.

A. C. 1706.

and fecur'd in the fame manner. And as to the laft part of the faid Article relating to Salt exported From Scotland to the Plantations, the Lords Commiffioners for England do not infift that any Duty ought to be paid for the fame, or for Salt exported from Scotland to any other forreign Place whatfoever, in regard that upon the Exportation of Salt from England to the Plantations, or any foreign Parts, the Duty before paid for the fame is to be repaid.

२. And as to that part of the laft Article of the faid Propofal, which relates to falted Fish exported from Scotland into England:

The Lords Commiflioners for England do propofe,. That for all fuch Fish there fhall be paid in England upon the Importation thereof, fuch Sums of Money as by the Law relating to the Duties upon Salt in England are allow'd, and repaid to the Exporter thereof upon Exportation of the like Fish from England to forreign Parts, in regard all Salt 'us'd in Fifh cur'd and confum'd in England, is liable 'to Duties of the fame value; and in cafe the faid Fifh fhall be re-exported from England, the Duties paid for the fame, upon Importation thereof, shall be repaid.

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،

And as to all falted Fifh exported from Scotland to any other place, the Lords Commiflioners for England do not infift that any Duty fhall be paid in Scotland for the Salt us'd therin, in regard that upon the Exportation of fuch Fifh from England to any forreign Parts, the Exporter thereof hath an allowance out of the Duties on Salt of fo much Money as the Duty of the Salt us'd in curing fuch Fish amounts to.

And as to that part of the faid Article which relates to falted Flefh exported from Scotland, in re'gard all falted Flefh confum'd in England, or made ufe of for Victualling of Ships there, or exported from England to Parts beyond the Seas, is cur'd with Salt, for which the Duty on Salt is paid in England, and not repaid upon Exportation of any fuch Flesh from England, and there being fo much Salt us'd in the curing of one hundred weight of Flesh (each hundred weight being computed at one hundred and twelve Pound weight) as the Duty

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hereof