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A74516 An ordinance for uniting Scotland into one common-wealth with England. Wednesday April 12. 1654. Ordered by his Highness the Lord Protector, and his Council, that this ordinance be forthwith printed and published. Henry Scobell, Clerk of the Council. England and Wales. Lord Protector (1653-1658 : O. Cromwell); England and Wales. Council of State. 1654 (1654) Thomason E1063_30; ESTC R209584 3,473 10

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AN ORDINANCE FOR UNITING SCOTLAND INTO ONE COMMON-WEALTH WITH ENGLAND Wednesday April 12. 1654. ORdered by his Highness the Lord Protector and his Council That this Ordinance be forthwith Printed and Published Henry Scobell Clerk of the Council London Printed by William du-Gard and Henry Hills Printers to His Highness the Lord Protector 1654. AN ORDINANCE FOR UNITING SCOTLAND Into one Commonwealth with ENGLAND 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 Warres and Differences the People of Scotland should be united with the People of England into one Commonwealth and under one Government And finding that in December one thousand six hundred fifty and one the Parlament then sitting did send Commissioners into Scotland to invite the People of that Nation unto such a happy Vnion 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 Vnion and assent thereunto For the compleating and perfecting of which Vnion Be it Ordained And it is Ordained by his Highness the Lord Protector of the Common-wealth 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 Parlament to be held Successively for the said Common-wealth thirty persons shall be called from and serve for Scotland And for the more effectual preservation of this Vnion and the freedom and safety of the People of this Common-wealth so united Be it Ordained And it is Ordained by the Authority aforesaid 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 Mannors 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 Vsage Ordinance or Custome in Scotland to the contrary hereof in any wise notwithstanding And it is further Ordained by the Authoritie 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 Parlament and all Conventional and Parlamentary Authority in Scotland as formerly established and all Lawes Vsages and Customes Ordaining Constituting or Confirming the same shall be and are hereby and from henceforth abolished and utterly taken away and made null and void And that this Vnion 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 Vnion 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 instead thereof carry the Arms of this Common-wealth And be it further Ordained by the authority aforesaid That all Customes 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 Privileges and with the like Charges and Burdens 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 the Dominions thereof with the like Privileges Freedome Charges and Burdens as such Goods do or shall pass between England and the said parts and Dominions any Law Statute Vsage or Custome 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 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 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 Enfeoffment to be renewed upon the death of every Heritor Proprietor Possessor as now they do to his Heir or Heirs by and under such yearly Rents Boons Annual services as are mentioned or due by any Deeds Patents Charters or Enfeofments 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 sute and service to such Court 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 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 Iurisdiction 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 than as is before Declared and Ordained And that all the said Superiorities Lordships and Iurisdictions other than as aforesaid shall be and are hereby abolished taken off and discharged and that all and every the said Deeds Patents Charters and Enfeofments 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 for ever hereafter freed and discharged of and from all sutes and appearing at or in any their Lords or Superiors Courts of Iustitiary Regality Stuartry Barony Bayliary Heritable Sherifship 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 manner of holding sutes duties services personal or real and demands whatsoever other than is before declared and Ordained notwithstanding the present Tenor of any their Deeds Patents Enfeofments 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 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 Regalitie or other Superiors shall from henceforth fall escheat and forfeit to the Lord Protector of the Commonwealth for the time being Wednesday April 12. 1654. ORdered by his Highness the Lord Protector and His Council That this Ordinance be forthwith Printed and Published Henry Scobell Clerk of the Council