il,
which contains the principles of _ours_, as it stood in the reign of
Henry II. And the many diversities, subsisting between the two laws at
present, may be well enough accounted for, from a diversity of
practice in two large and uncommunicating jurisdictions, and from the
acts of two distinct and independent parliaments, which have in many
points altered and abrogated the old common law of both kingdoms.
[Footnote d: 4 Inst. 345.]
HOWEVER sir Edward Coke, and the politicians of that time, conceived
great difficulties in carrying on the projected union: but these were
at length overcome, and the great work was happily effected in 1707, 5
Anne; when twenty five articles of union were agreed to by the
parliaments of both nations: the purport of the most considerable
being as follows:
1. THAT on the first of May 1707, and for ever after, the kingdoms of
England and Scotland, shall be united into one kingdom, by the name of
Great Britain.
2. THE succession to the monarchy of Great Britain shall be the same
as was before settled with regard to that of England.
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_l._ by a land tax, Scotland shall
raise 48,000_l._
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 rights 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 o
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