Изображения страниц
PDF
EPUB

3. The United Kingdom shall be represented by one Parliament.

4. There shall be a communication of all rights and privileges between the subjects of both kingdoms, except where it is otherwise agreed.

9. When England raises £2,000,000 by a land-tax, Scotland shall raise £48,000.

16, 17. The standards of the coin, of weights, and of measures, shall be reduced to those of England throughout the United Kingdoms.

18. The laws relating to trade, customs, and the excise, shall be the same in Scotland as in England. But all the other laws of Scotland shall remain in force; but alterable by the Parliament of Great Britain. Yet with this caution, that laws relating to public policy are alterable at the discretion of the Parliament; laws relating to private right are not to be altered but for the evident utility of the people of Scotland.

22. Sixteen peers are to be chosen to represent the peerage of Scotland in Parliament, and forty-five members to sit in the House of Commons.

23. The sixteen peers of Scotland shall have all privileges of Parliament; and all peers of Scotland shall be peers of Great Britain, and rank next after those of the same degree at the time of the Union, and shall have all privileges of peers, except sitting in the House of Lords, and voting on the trial of

a peer.

These are the principal of the twenty-five articles of union, which are ratified and confirmed by statute 5 & 6 Anne, c. 8, in which statute there are also two Acts of Parliament recited; the one of Scotland, whereby the Church of Scotland, and also the four universities of that kingdom, are established for ever, and all succeeding sovereigns are to take an oath inviolably to maintain the same; the other of England, whereby the Acts of Uniformity of 13 Eliz., and 13 Car. II.,

(except as the same had been altered by Parliament at that time), and all other Acts then in force for the preservation of the Church of England, are declared perpetual; and it is stipulated, that every subsequent king and queen shall take an oath inviolably to maintain the same within England, Ireland, Wales, and the town of Berwick upon Tweed. And it is enacted, that these two Acts "shall for ever be observed as fundamental and essential conditions of the union." Upon these articles and Act of Union, it is to be observed, 1. That the two kingdoms are so inseparably united, that nothing can ever disunite them; except the mutual consent of both, or the successful resistance of either, upon apprehending an infringement of those points which, when they were separate and independent nations, it was mutually stipulated should be "fundamental and essential conditions of the union." 2. That whatever else may be deemed "fundamental and essential conditions," the preservation of the two churches, of England and Scotland, in the same state that they were in at the time of the Union, and the maintenance of the Acts of Uniformity which established the liturgy, are expressly declared so to be. 3. That therefore any alteration in the constitution of either of these churches, or in the liturgy of the Church of England (unless with the consent of the respective churches, collectively or representatively given), would be an infringement of these "fundamental and essential conditions," and greatly endanger the union. 4. That the municipal laws of Scotland are ordained to be still observed in that part of the island, unless altered by Parliament; and as the Parliament has not yet thought fit, except in a few particulars, to alter them, they are to remain in full force as before the Union, except in those aforesaid particulars.

Union of England and Ireland.-The legislative Union of Great Britain and Ireland was alluded to by George III. in his speech at the opening of Parliament, Jan.

22, 1800. A bill (39 & 40 Geo. III. c. 47), embodying articles of union, was introduced by Pitt, and received the royal assent July 2, 1800. The statute (40 Geo. III. c. 38) passed the Irish Parliament June 13, 1800, and the Union took effect from Jan. 1, 1801. The purport of the eight articles is as follows:

I. Ireland and Great Britain to be united by the name of the United Kingdom of Great Britain and Ireland. II. The succession to the United Kingdom to be the same as it stood before the Union.

III. The United Kingdom to be represented in one Parlia

ment.

IV. Four lords spiritual of Ireland by rotation of sessions,

and twenty-eight lords temporal of Ireland, elected for life by the peers of Ireland, to sit in the House of Lords. One hundred commoners to sit and vote in the House of Commons on the part of Ireland. An Irish peer not elected for the House of Lords can serve in the Commons, but not for an Irish constituency. No creation of an Irish peerage to take place till three Irish peerages be extinct, until their number is reduced to one hundred.

V. The Churches of England and Ireland to be united into one Protestant Episcopal Church, and the doctrine, worship, discipline, and government to be the same as established in England. The preservation of the united church to be a fundamental part of the Union.

VI. The subjects of Great Britain and Ireland to have the same rights and privileges in trade and navigation, and also in treaties with foreign powers.

VII. The interest of the national debt of each country is to

be defrayed by each separately.

VIII. All laws and courts of each kingdom are to remain as

before the Union, subject, however, to alterations by

the united Parliament.

The Union of England and Wales.-The finishing stroke to the independence of Wales, which had been almost abolished by the conquest of that principality by Edward I., was given by the statute 27 Hen. VIII. c. 26, which enacted:I. That the dominion of Wales shall be for ever united to the kingdom of England.

II. That all Welshmen born shall have the same liberties as other the king's subjects.

III. That lands in Wales shall be inheritable according to the English tenures and rules of descent.

IV. That the laws of England, and none other, shall be used in Wales, besides many other regulations of the police of this principality.

And the statute 34 & 35 Hen. VIII. c. 26, confirms the above, adding further regulations, and dividing Wales into twelve shires. After this act Wales still had courts within itself, independent of the process of Westminster Hall; till the statute 11 Geo. IV. & 1 Will. IV. c. 70, abolished those courts, and rendered the administration of justice in the principality uniform with that of England. By 8 & 9 Vict. c. 11, the manner of assigning sheriffs in Wales is regulated by and assimilated to that of England. The 26 & 27 Vict. c. 82, empowers the bishops of Welsh dioceses to facilitate the making provision for English services in certain parishes in Wales.

University Courts.-The Chancellor's Courts in the two Universities enjoy the sole jurisdiction, in exclusion of the Queen's Courts, over all actions and suits whatsoever, excepting where a right of freehold is concerned, and of all injuries and trespasses against the peace, mayhem and felony excepted, when a scholar or privileged person is one of the parties. By the University charter they are at liberty to try and determine these suits, either according to the common law of the land,

or according to their own local customs, at their discretion. The Judge of the Chancellor's Court at Oxford is the ViceChancellor, who is deputy or assessor. From his sentence an appeal lies to delegates appointed by the Congregation; thence to other delegates of the House of Convocation; and if they all three concur in the same sentence, it is final, at least by the statutes of the University, according to the rule of the civil law. But if there be any discordance or variation in any of the three sentences, an appeal lies in the last resort to Judges, delegates appointed by the Crown under the Great Seal in Chancery. By 17 & 18 Vict. c. 81, s. 45, the Court of the Vice-Chancellor of Oxford is now governed by the common and statute law of the realm, and no longer by the rules of the civil law. As to Cambridge, the right of the University, or any member thereof, to claim conusance of any action or criminal proceeding wherein any person who is not a member of the University is a party, has ceased and determined.

Uses and Trusts are akin to each other; a use being in law the profit of lands and tenements, upon a trust and confidence reposed in another, that he to whose use the trust is made, shall take the profits thereof. All modern conveyances are, directly or indirectly, founded on the doctrine of uses and trusts, which has been deemed the most intricate part of our property-law. Uses and trusts, being acts of confidence reposed, are cognisable in equity, when coupled with the performance of any act tending to the benefit of the party for whose enjoyment the use or trust was created. Uses, as a term, are applied to lands of inheritance; and the party to whose use they are conveyed has the absolute possession. The person to whose use a conveyance is made, is termed the cestui que use. Uses only apply to land of inheritance: the trust, being a creature of equity, only attaches on the profits or personalty. Uses and trusts do not practically interfere with the purchaser's possession of land they are only used when estates are settled, or it is

« ПредыдущаяПродолжить »