reduces it into the same order in which it stands at this day, differing from the kingdom of England in only a few particulars, and these too in the nature of privileges, the chief of which was in having courts within itself, called courts of great session, independent of the process of Westminster-hall. But these courts are now (by 1 Will. 4, c. 70) abolished, and assizes are now held in Wales for the trial of all matters civil and criminal in the same manner as in England, and the courts at Westminster have jurisdiction just the same as in any part of England proper. Thus Wales is to all intents and purposes a portion of England (¿).

Scotland.] Scotland continued an entirely separate and distinct kingdom, notwithstanding the accession of King James to the throne of England, until the reign of Queen Anne; in the fifth year of whose reign, articles of union were agreed on by commissioners appointed for that purpose by both kingdoms; which treaty the Legislature ratified by the statute of 6 Ann. c. 8. These articles are twenty-five in number. The first directs, that the two kingdoms shall upon the 1st May, 1707, and for ever after, be united into one kingdom, by the name of Great Britain. Secondly, that the succession to the monarchy of the United Kingdom of Great Britain, after the death of Queen Anne, shall be and continue to the Princess Sophia, Electress of Hanover, and the heirs of her body, being Protestants. Thirdly, that the United Kingdom be represented by one and the same. Parliament. Passing over the intermediate articles as comparatively unimportant, we come to the nineteenth article, by which the Court of Session, or College of Justice, shall after the union, and notwithstanding thereof, remain in all time coming

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within Scotland, as it is now constituted by the laws of that kingdom, subject nevertheless to such regulations for the better administration of justice, as shall be made by the Parliament of Great Britain. By the twenty-second article it is provided that 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 the representatives of Scotland in the House of Commons of the Parliament of Great Britain, which, however, has since been augmented to fifty-three (j). By the twenty-third article, the sixteen peers 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 (k).

By 5 Anne, c. 5, the Church of Scotland and the four universities of that kingdom are established for ever; and all succeeding sovereigns are to take an oath inviolably to maintain the same. By 5 Anne, c. 6, the Act of Uniformity of 13 Eliz. c. 4, and 13 Car. 2, c. 10, 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 with England, Ireland, Wales, and the town of Berwickupon-Tweed. And it is enacted that these two acts "shall for ever be observed, as fundamental and essential conditions of the union."

Berwick-upon-Tweed.]-The town of Berwickupon-Tweed was originally part of the kingdom of Scotland; but it was ceded by Edward Balio to

King Edward III., and is now clearly part of the realm of England, being represented by burgesses in the House of Commons, and bound by all acts of the British Parliament, whether specially named or otherwise (1).

Ireland.]-The union of Ireland took place in the reign of King George III., and from the date of that act the nation is denominated the United Kingdom of Great Britain and Ireland; the Parliament, that of the United Kingdom of Great Britain and Ireland; the subjects of Ireland have, by this alliance, become, in every respect entitled to the same privileges as those of Great Britain. Their laws and courts are to remain the same as they then were, subject to the alterations of the united Parliament (m).

It is provided that the lords spiritual of Ireland by rotation of sessions, and twenty-eight lords temporal of Ireland, elected for life by the peers of Ireland, shall sit in the House of Lords, and one hundred commoners (to whom five more have now been added by a recent act of Parliament), shall be the number to sit in the House of Commons on the part of Ireland; that a peer of Ireland not elected one of the twenty-eight may sit in the House of Commons, but while so sitting shall not be entitled to privilege of peerage, or to be elected one of the twenty-eight, or to vote at such election; and that all the lords spiritual and temporal of Ireland (except those temporal peers who may be members of the House of Commons) shall have all privilege of peerage as fully as those of Great Britain; the right of sitting in the House of Lords (with its attendant privileges) only excepted (n).

It may be mentioned in conclusion, that since the union all acts of Parliament extend to Ireland,

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whether expressly mentioned or not, unless that portion of the United Kingdom be expressly excepted, or the intention to except it be otherwise plainly shown (0).

Other dependencies.] -The islands of Man, Jersey, Guernsey, Sark, Alderney, and other appendages, are governed by their own laws. The inhabitants are not bound by our acts of Parliament, except expressly named therein; nor can process issue there from the courts of Westminster, but prerogative and mandatory writs run into these islands (p).

Colonies.]-It is well known that this country possesses many valuable colonies in various parts of the world, as to which it is to be observed that they are no part of the mother country, but distinct (though dependent) dominions. They were either gained by conquest or treaty, or they were acquired by right of occupancy only, that is, by finding them desert and uncultivated, and peopling them from the mother country.

In conquered or ceded countries they have already laws of their own; these laws remain in force until changed by competent authority, and the common law of England, as such, has no allowance or authority there: while, on the other hand, it has been held that if an uninhabited country be discovered and planted by English subjects, all the English laws then in being, which are the birthright of every subject, are immediately there in force. But this must be understood with very many and very great restrictions. Such colonists carry with them only so much of the English law as is applicable to their own situation and the condition of an infant colony; such, for instance, as the

general rules of inheritance, and of protection from personal injuries; the artificial refinements and distinctions incident to the property of a great and commercial people, the laws of police and revenue (such especially as are enforced by penalties), the mode of maintenance for the established clergy, the jurisdiction of spiritual courts, and a multitude of other provisions, are neither necessary nor convenient for them, and therefore are not in force.

Though it is competent to Parliament to legislate for the colonies, yet a colony is not considered as affected by acts of Parliament passed after its acquisition, and while it is subject to other legislative authority (whether that of the sovereign in council, or of a local council or assembly), unless it be mentioned in the act by name or by general description; such as "the colonies" or "the West Indies," or unless the act be in its nature obviously intended to affect all our possessions. But in a colony acquired by occupancy, acts passed before its acquisition come into force immediately upon that event, as part of the general law of England (as to all provisions at least not unsuitable to its social circumstances); though it is otherwise in the case of a colony won by conquest or cession, which remains (as we have seen) subject to its own preexisting laws, and is not in general affected by statutes of the United Kingdom passed before its acquisition (q).