Ministry formed, 167-action of the Evans, H. H., St. Paul and the second F. 174 175 203 Fausset, A. R., Studies in the CL. ... G. Intelligence des Animaux, 437 195 198 James, H., Princess Casamassima, 202 K. 486 Gardiner, S. R., The Great Civil War, INDEX. vii. M. 194 Macleod, H. D., Elements of Econo- re- moval of remains, 97-the Church 201 R. 433 424 Rachel, E., A Comtist Lover, 437 Revue Philosophique, 403 Michél, E., La Musée de Cologne, 437 435 Morison, J. C., The Service of Man, 401 Revue Scientifique, Roberts, W. P., Liberalism in Re- 173 Rogers, C., Social Life in Scotland, Ronchaud, L. de, La Tapisserie dans l' Shorthouse, J. H., Sir Percival, Müller, Max, German Classics, Napoli Letteraria, Skeat, W. W., Piers Plowman, 204 422 N. ton, 407 445 Noiré, Prof., on the Origin of Reason, Smith, G. H., Elements of Right and Law, 437 356 Smith, R. P., Daniel, ... 399 Smith, R. T., Man's Knowledge of 171 Smith, W. A., Loch Creran,... 432 Oliphant, T. L. K., The New English, Stevenson, J., Mary Stuart,. 409 421 P. Stoddart, T. T., Angling Reminis- Partridge, J. A., Making of the Irish Nation, 198 Stokes, G. T., Ireland and the Celtic 182 Pfeiffer, E., Sonnets, 426 Plummer, A., Church of the Early Stubbs, W., Medieval and Modern 180 Fathers, 436 Subjects, The, of the Byzantine Em- T. 178 -THE SCOTTISH REVIEW. JANUARY, 1887. ART. I.-ON THE JURISDICTION OF THE ENGLISH CORTS OVER SCOTSMEN. BOTH OTH in past and present times many varying views have been taken of the Treaty of Union; some agree with that conceited and sententious individual Andrew Fairservice, who attributed to the sad and sorrowful Union' every symptom of depravity or degeneracy which he remarked among his countrymen, 'more especially the inflammation of reckonings and the diminished size of pint-stoups;' others again prefer the opinion of that more sagacious personage, Bailie Nicol Jarvie, who foresaw that the incorporating Union of Scotland with England would open wide fields for Scottish enterprise and energy all the world over, and would lead to the commercial greatness of his own beloved city of St. Mungo. But whatever view be taken on the subject generally, no one can refuse to acknowledge that the persons who negotiated the Union on behalf of Scotland took every means in their power to secure the permanence and stability of the two great national institutions-the Scottish Church and the Scottish system of Law and Judicature. As is well known, anxious provision is made regarding these matters in the Treaty of Union, Article 9 of which not only provides for the maintenance and preservation of the Courts of Scotland with the full authority which they have always claimed and exercised, but expressly enacts that no cause in Scotland shall be cognoscible by the Courts of Chancery, Queen's Bench, Common Pleas, or any other Courts in Westminster Hall,' and that the said Courts, or any others of the like nature, after the Union shall not have any power to cognosce or alter a cause or sentence of the Judicatories within Scotland, or stop the execution of the same.' It was indeed both right and necessary that these institutions should be thus protected, connected so closely with the constitution of the State as they then were. Scottish education, commerce and agriculture have been able to look after themselves, and would have done so whatever provisions were made in the Treaty of Union; but the judicial system of a country, unless it had been secured by solemn contract, on entering into union with a larger and more powerful State, would inevitably have suffered grievous damage. The provisions thus made served till within recent years to secure Scotsmen against being taken before the English courts, and preserved to them the benefits of their own laws in all ordinary cases. is true, indeed, that the Court of Chancery every now and again exercised its jurisdiction as opportunity afforded over Scottish persons and Scottish estates. It did this just as it might have done, and in point of fact has done, with regard to other and entirely foreign countries. But the opportunities for the exercise of its jurisdiction were exceedingly rare till the modern facilities for travelling, and for intercourse between the two countries occasionally brought about circumstances which enabled the Court of Chancery to enforce its assumed jurisdiction over Scotsmen by the threat of the legal compulsitors of imprisonment of the person or the attachment of funds. It We shall revert to the topic of Chancery jurisdiction, hereafter, and in the meantime will confine ourselves to the history and present position of the assumed jurisdiction of the English Courts over Scotsmen in the province of common law. This province embraces almost all the ordinary business affairs of life, all actions arising out of contracts of whatever kind, buying and selling, chartering ships, becoming parties to bills or other mercantile documents, and in short almost every transaction by which one man can become debtor to another. |