XVIII. 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 between the laws concerning public right, policy, and civil government, and those which concern private right, that the laws which concern public right, policy, and civil government may be the same throughout the whole United Kingdom; but that no alteration be made in laws which concern private right, except for evident utility of the subjects within Scotland.
XIX. (Scottish Courts of Law to remain as before, the right, however, of the United Parliament to make regulations and alterations being recognised.)[29]
XX.-XXI. (Concern Heritable Offices and the rights of Royal Burghs.)
XXII. That, by virtue of this 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 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 other 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 sixteen peers, who are to sit in the House of Lords, to be summoned to Parliament, and forty-five members to be elected to sit in the House of Commons of the Parliament of Great Britain.
XXIII. That the aforesaid sixteen 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 privileges of Parliament, which the peers of England now have, and which they, or any peers of Great Britain shall have after the union.... And in case that any trials of peers shall hereafter happen, when there is no Parliament in being, the sixteen peers of Scotland who sat in the last preceding Parliament, shall be summoned in the same manner and have the same powers and privileges at such trials, 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 order and degrees in England at the time of the union.
XXIV. (Deals with the Seals.)
XXV. (Scots to retain the Presbyterian system of Church Government and English to retain the Episcopalian.)
[29] No provision is made by the Act for the House of Lords to exercise final Appellate Jurisdiction.
PROCEEDINGS ON THE IMPEACHMENT OF DR. SACHEVERELL (1710).
Source.—The Parliamentary History of England from the Earliest Period to the Year 1803. Vol. vi., pp. 806, 809. London, 1810.