Ordinance for Uniting Scotland into one Commonwealth with England

by Parliament of England

Scotland one Commonwealth with England.; Thirty persons shall be called to serve in Parliament for Scotland.

His Highness the Lord Protector of the Commonwealth of England, Scotland, and Ireland, &c. taking into consideration how much it might conduce to the glory of God, and the peace and welfare of the People in this whole Island, That after all those late unhappy Wars and Differences, the People of Scotland should be united with the People of England into one Commonwealth, and after and under one Government; and finding that in December, One thousand six hundred fifty and one, the Parliament then sitting did send Commissioners into Scotland to invite the People of that Nation unto such a happy Union; who proceeded so far therein, that the Shires and Burroughs of Scotland, by their Deputies convened at Dalkeith, and again at Edenburgh, did accept of the said Union, and assent thereunto; For the compleating and perfecting of which Union, Be it Ordained, and it is Ordained by His Highness the Lord Protector of the Commonwealth of England, Scotland and Ireland, and the Dominions thereto belonging, by and with the advice and consent of His Council, That all the people of Scotland, and of the Isles of Orkney and Zethland, and of all the Dominions and Territories belonging unto Scotland, are and shall be, and are hereby Incorporated into, Constituted, Established, Declared and Confirmed one Commonwealth with England; And in every Parliament to be held Successively for the said Commonwealth, thirty persons shall be called from, and serve for Scotland.

The people discharged of Allegiance to any issue of Charles Stuart.

And for the more effectual preservation of this Union, and the freedom and safety of the People of this Commonwealth so united, Be it Ordained, and it is Ordained by the Authority aforsaid, That all the people of Scotland, and of the Isles of Orkney and Zethland, and of all the Dominions and Territories belonging unto Scotland, of what Degree or Condition soever, be discharged of all Fealty, Homage, Service and Allegiance which is or shall be pretended due unto any of the Issue and Posterity of Charles Stuart late King of England and Scotland, or any claiming under him; And that Charles Stuart, Eldest Son, and James, called Duke of York, second Son, and all other the Issue and Posterity of the said late King, and all and every person and persons, pretending Title from, by or under him, are and be disabled to hold or enjoy the Crown of Scotland, and other the Dominions thereunto belonging, or any of them, or to have the Name, Title, Stile, or Dignity of King, or Queen of Scotland, or to have and enjoy the Power and Dominion of the said Kingdom and Dominions, or any of them, or the Honors, Manors, Lands, Tenements, Possessions and Hereditaments belonging or appertaining to the said Crown of Scotland, or other the Dominions aforesaid, or to any of them, Any Law, Statute, Usage, Ordinance or Custom in Scotland to the contrary hereof in any wise notwithstanding.

Kingship abolished with Parliament authority in Scotland.

And it is further Ordained by the authority aforesaid, That the said Office, Stile, Dignity, Power and Authority of King of Scotland, and all right of the three Estates of Scotland, to convocate or assemble in any General Convocation or Parliament, and all Conventional and Parliamentary Authority in Scotland, as formerly established, and all Laws, Usages, and Customs, Ordaining, Constituting, or Confirming the same, shall be, and are hereby, and from henceforth abolished and utterly taken away, and made null and void.

Arms of Scotland to be born with the Arms of this Commonwealth.

And that this Union may take its more full effect and intent, Be it further Ordained by the Authority aforesaid, That the Arms of Scotland, viz. a Cross, commonly called Saint Andrews Cross, be received into, and born from henceforth in the Arms of this Commonwealth, as a Badge of this Union; and that all the Publique Seals, Seals of Office, and Seals of Bodies Civil or Corporate, in Scotland, which heretofore carried the Arms of the Kings of Scotland, shall from henceforth in stead thereof, carry the Arms of this Commonwealth.

Goods free between England and Scotland.; Goods prohibited in England to be so in Scotland.

And be it further Ordained by the Authority aforesaid, That all Customs, Excise, and other Imposts for Goods transported from England to Scotland, and from Scotland to England, by Sea or Land, are and shall be so far taken off, and discharged, as that all Goods for the future shall pass as free, and with like Priviledges, and with the like Charges and Burthens from England to Scotland, and from Scotland to England; as goods passing from Port to Port, or place to place in England; and that all Goods shall and may pass between Scotland, and any other part of this Commonwealth, or Dominions thereof, with the like Priviledges, Freedom, Charges and Burthens, as such Goods do, or shall pass, between England and the said parts and Dominions, Any Law, Statute, Usage or Custom to the contrary thereof in any wise notwithstanding. And that all goods prohibited by any Law now in force in England to be transported out of England to any Forein parts, or imported, shall be, and hereby are prohibited to be transported or imported, by the same Law and upon the same penalties, out of Scotland to any Forein parts aforesaid, or from any Forein parts into Scotland.

Taxes to be proportionable.

And be it further Ordained by the authority aforesaid, That all Cesses, publique Impositions and Taxations whatsoever, be imposed, taxed and levyed from henceforth proportionably from the whole people of this Commonwealth so united.

Servitude and Vassallage taken away.; Heriots and Fines on death or Alienation.

And further, to the end that all Dominion of Tenures and Superiorities importing Servitude and Vassallage may likewise be abolished in Scotland, Be it further Declared and Ordained by the Authority aforesaid, That all Heritors, Proprietors and Possessors of Lands in Scotland, or the Dominions thereunto belonging, and their Heirs, shall from and after the Twelfth day of April, in the year of our Lord One thousand six hundred fifty and four, hold their respective Lands of the respective Lord and Lords by Deed, Charter, Patent or Enfeoffement, to be renewed upon the death of every Heritor, Proprietor or Possessor (as now they do) to his Heir or Heirs, by and under such yearly Rents, Boons, and Annual services, as are mentioned or due by any Deeds Patents, Charters or Enfeoffments now in being, of the respective Lands therein expressed, or by vertue thereof enjoyed without rendring, doing or performing any other Duty, Service, Vassallage or Demand whatsoever, by reason or occasion of the said Lands, or any the Clauses or Covenants in the said Deeds, Charters, Patents or Enfeoffments contained, saving what is hereafter herein and hereby particularly expressed and declared; That is to say, Heriots where the same are due, Fines (certain where the same is already certain, and where the Fine is uncertain, reasonable Fines) upon the death of the Lord, and upon the death or alienation of the Tenant, or any of them, where the same have usually been paid, which said Fine (not being already certain) shall not at any time exceed one years value of the Lands, and also doing suit and service to such Court and Courts Baron, as shall be constituted in Scotland, in such manner as is Ordained by one other Ordinance, Entituled, An Ordinance for Erecting Courts Baron in Scotland.

Superiorities, Lordships and Jurisdictions, abolished.; Appearing at Courts.; Military services, casualties, &c.

And be it Ordained by the Authority aforesaid, That all and every the Heritors, Proprietors and Possessors aforesaid, and their Heirs, are and shall be from henceforth for ever discharged of all Fealty, Homage, Vassallage and Servitude, which is, or shall be pretended due from them, or any of them, unto any their Lords or Superiors whatsoever, claiming Dominion or Jurisdiction over them, by vertue of the said Patents, Charters, Deeds or Enfeoffments, and other rights thereof, or of any Clauses or Conditions therein contained, other then as is before Declared and Ordained. And that all the said Superiorities, Lordships and Jurisdictions (other then as aforesaid) shall be, and are hereby abolished, taken off and discharged; and that all and every the said Deeds, Patents, Charters and Enfeoffments in that behalf, be, and are hereby declared, and made so far void and null; And particularly, That all and every the Heritors, and others the persons aforesaid, and their Heirs, are and shall be forever hereafter freed and discharged of, and from all suits, and appearing at or in any their Lords or Superiors Courts of Justitiary, Regality, Stuartry, Barony, Bayliary, Heritable Sheriffship, Heritable Admiralty, all which, together with all other Offices Heritable, or for Life, are hereby abolished and taken away; and that all and every the Heritors and persons aforesaid and their Heirs, are and shall be for ever hereafter freed and discharged of, and from all Military service, and personal attendance upon any their Lords or Superiors in Expeditions or Travels, and of all Casualties, of Wards Lands formerly held of the King, or other Superiors, and of the Marriage, single and double avail thereof, Non-Entries, Compositions for Entries, and of all rights and Casualties payable, if they be demanded, onely or upon the committing of any Clauses irritant. And that the said Heritors and persons aforesaid be now, and from henceforth construed, reputed, adjudged and declared free and acquitted thereof, and of and from all and all maner of holding suits duties, services personal or real, and demands whatsoever (other then is before Declared and Ordained) notwithstanding the present Tenor of any of their Deeds, Patents, Enfeoffments, or any Clauses, Articles or Covenants therein contained or mentioned to the contrary in any wise; And that in time to come all and every Clause, Covenant, Article, Condition or thing to the contrary hereof, shall be omitted out of all such Deeds, Patents, Charters and Enfeoffments.

Forfeitures, Escheats, &c. to be to the Lord Protector.

And be it further Ordained, That all Forfeitures, Escheats, Simple, or of Life, Rent Bastardy, and last Heir, which heretofore Escheated, Forfeited and fell to the King, Lords of Regality, or other Superiors, shall from henceforth fall, Escheat, and Forfeit to the Lord Protector of the Commonwealth for the time being.