Abbildungen der Seite
PDF
EPUB

Emperor declared himself Protector of | 1808 the Confederation comprehended the Confederation. By the establishment 5916 geographical square (German) miles, of this Confederation many towus and with a population of 14,608,877 souls; the principalities lost their political existence: army of the Confederation, which was such were the imperial city of Nürnberg, fixed in the beginning at 63,000, was which was given to Bavaria ; and Frank- increased to the number of 119,180. The fort, which was given to the prince pri- act of the Confederation was violated by mate. Several petty sovereign princes its protector himself, who united with were by the same act mediatised, or de France, by a decree of the 10th December, prived of their sovereign rights, such as 1810, all the country situated between the making laws, concluding alliances, de- mouths of the Schelde and the Elbe, and claring war, coining money, &c.: they deprived many sovereign princes of their retained their hereditary estates, but be- dominions, taking away from the Concame subjects to the sovereigns who were federation of the Rhine an extent of 532 members of the Confederation. The ob- geographical square (German) miles, with ject of the Confederation was declared to a population of 1,133,057. Napoleon did be, the maintenance of external and in- not observe any better the promise which ternal peace by the mutual assistance of he gave at the establishment of the Conall the members of the Confederation as federation not to meddle with its internal well as of France, in case any one of them affairs, but treated it in every respect as should be attacked by an enemy. The one of his provinces. The events of 1813 affairs of the Confederation were to be put an end to the Confederation of the conducted by a congress sitting at Frank- Rhine ; and the Congress of Vienna fort-on-the-Maine, and divided into two established, in 1815, the Germanic Concolleges—the royal one, in which the federation, composed of all the States of grand dukes had also their seats, and the Germany. (GERMANIC CONFEDERAprincely one. The president of the con- tion.] gress in general, and of the royal college CONFERENCE at Hampton Court, in particular, was the prince primate, but was held on the 14th, 16th, and 18th of the president of the princely college was January, 1004, in the presence of King the Duke of Nassau. The Elector of James I., who took a leading part in the Würzburg joined the Confederation in the discussion, between nineteen bishops and same year, and the King of Prussia medi- inferior clergymen of the Church of Engtated the establishment, under his own land, and four Presbyterian or Puritan protection, of a similar Confederation, divines, to argue certain objections to the composed of the princes of Northern Ger- doctrine and discipline of the Church, many, in order to counterbalance the respecting which the Puritans had petipower of the Confederation of the Rhine. tioned his Majesty. It was followed by This project was destroyed by the war of no result. 1806, which was not over when the Elec CONFERENCE. [BILL IN PARLIAtor of Saxony, who had received the title MENT, p. 367; PARLIAMENT.] of king, by his treaty with France, on the CONFISCATION. [FORFEITURE.] 11th of December, 1806, joined the Con CONFLICT OF LAWS. [INTERNAfederation, and his example was followed TIONAL LAW.] by all the Saxon princes. By the treaty CONGE' D’ESLIRE, a term in Norof Warsaw, on the 13th of April, 1807, man French, literally signifying leave the two princes of Schwarzburg, the three to elect, which is appropriated to the ducal lines of Anhalt, the princes of Lippe- | king's writ or licence to a dean and Dettmold and of Lippe-Schaumburg, and chapter to elect a bishop, at the time of the princes of Reuss, were received mem- the vacancy of the see. The right of bers of the Confederation, which was nominating to bishoprics was in most increased by the accession of the newly i countries of Europe enjoyed by the temerected kingdom of Westphalia, as well poral princes, with little opposition from 24 that of both the Dukes of Mecklenburg, the ecclesiastical authorities, until the and of the Duke of Oldenburg. Thus in eleventh century, when a contest began

between the popes and the princes of the penalty of a præmunire. The cereEurope, which, in the next century, mony of election is followed by confirended in the princes surrendering this mation, investiture, and consecration; after power to the clergy. Father Paul (Trea- which the bishop sues to the king for his tise of Benefices, c. 24) says that between temporalities. Bishoprics in Ireland are A. D. 1122 and A.D. 1145 it became a donative by letters patent, without a rule almost everywhere established, that congé d'eslire. (Irish Stat. 2 Eliz. bishops should be chosen by the chapter. c. 4.) In England, by the constitutions of Cla CONGRESS, an assembly of envoys rendon, A.D. 1164, the election was vested | delegated by different courts with powers in the chapters, subject to the king's ap to concert measures for their common probation of their choice. The right of good or to adjust their mutual concerns. election was afterwards surrendered to The term is given also to a meeting of the chapters by a charter of King John, sovereign princes which is held for the like by which however he reserved to himself, purpose. The delegates from the Assemamong other things, the right of granting blies of the British colonies who met at a congé d'eslire, and of confirming the New York 7th October, 1765, to consider choice of the chapter. This grant of their grievances, called their assemblage freedom of election was expressly recog- a Congress. A second congress, which nised in Magna Charta, and also by a assembled in June, 1774, and sat for eight subsequent statute, 25 Ed. III., stat. 6 eeks, published a Declaration of Rights. (one of the statutes of præmunire), which Another congress met in May 1775, was passed for the purpose of preventing which proceeded to organize the military the popes from interfering with the elec- and financial resources of the colonies; tions to dignities and benefices in England. and thus these assemblies of delegates

This was the law until the passing of exercised the functions of a supreme 25 Henry VIII. c. 20, which was re- government, and under their authority pealed in Edward the Sixth's reign. It the war of independence was brought to is stated (Blackstone, Con.m. i. 380, Note a successful termination. In 1789 the by Coleridge) “ that the statute (of Hen. constitution was re-organized, and a conVIII.) is held to have been constructively gress of two houses was formed. (UNITED revived and to be still in force, though it STATES, CONSTITUTION OF.] The meetdoes not apply to the five bishoprics cre-ing of envoys or plenipotentiaries which ated by Henry VIII. subsequently to its precedes a treaty of peace is sometimes passing; these are Bristol, Gloucester, called a Congress; but the term is more Chester, Peterborough, and Oxford, which generally applied to such meetings when have always been pure donatives in form they have to settle, either before or after as well as substance.” The authorities the peace, an extensive plan of political for this opinion are not given by Cole- arrangements and re-organization. This ridge. This act of Henry VIII. provides was the business of the Congress of that upon every avoidance of an arch- | Vienna in 1815. Sometimes a meeting bishopric or bishopric the king may send of sovereign princes or plenipotentiaries to the dean and chapter a licence under takes place to concert a certain line of the great seal to proceed to the election of political action, and this is also commonly a successor, and with the licence a letter termed a Congress. At the Congress of missive containing the name of the person Carlsbad, held in August, 1819, measures whom they are to elect. If the dean and were adopted by the ministers of Austria, chapter delay their election above twelve Prussia, Bavaria, Hanover, Saxony, Würdays after receiving the licence, the king temberg, Baden, Saxe-Weimar, Mecklenmay, by letters patent, nominate any per- burg, and Nassau, touching the affairs of son to the vacant see; if they delay the Germany and the question of granting election beyond twenty days, or elect any constitutions to some of the German states. other person than the candidate recom The Congress of Troppau, which met in mended by the king, or do anything else December, 1820, and was afterwards adin contravention of the act, they incur journed to Laybach, was held to deli

berate on the political condition of Na- stone), Titius and his brother are related in ples, Spain, and Portugal. At the Con- the first degree; for from the father to each gress of Verona, which sat from October of them is counted only one; but Titius to December in 1822, it was determined and his nephew are related in the second that French troops should march into degree, for the nephew is two degrees Spain to restore to Ferdinand VII. his removed from the common ancestor, freedom of action, or, in other words, to namely, his own grandfather, the father put down constitutional principles. The of Titius On the other hand, in this Duke of Wellington was present at this supposed case, the Romans place Titius cougress, and through him the protest and his nephew in the third degree of of the British Government against inter- consanguinity, for they count all the fering with the internal politics of Spain degrees from one given person upwards was conveyed to the Congress.

to the common ancestor, and downwards CONSANGUINITY, or KIN, is the from that common ancestor to the person relation subsisting between persons who whose degree of relationship to the first are of the same blood, or, in other terms, person it is the object to establish. Thus who are descended from the same stock they would count from Titius's nephew or common ancestor. There can be no to his grandfather two degrees, and one legal consanguinity without a legal mar more from the grand father to Titius. By riage. [BASTARD.) Consanguinity is the law of England, all persons related to either lineal or collateral. Lineal con- each other by consanguinity or affinity, sanguinity subsists between persons who nearer than the fourth degree of the Roare related to each other in the direct man law, are prohibited from marrying, ascending line, as from son to father, excepting in the ascending or descending grandfather, great-grandfather, &c.; or line (in which the case is hardly possible in the descending line from great-grand-by the course of nature); and by statute father to grandfather, father, and son. 5 & 6 Will. IV. c. 54, sec. 2, it is enacted, Collateral kindred are those who, though " that all marriages celebrated after the they have the same blood, derived from a date of that act between persons within common ancestor, and are therefore con- the prohibited degrees of affinity or consanguinei, do not descend one from the sanguinity, shall be absolutely null and other. Thus brothers have the same void to all intents and purposes whatsoblood and are descended from a common ever.” [AFFINITY.] Under the statute ancestor, but they are related to each of distributions, 22 & 23 Car. II. c. 10, other collaterally, and the children and in making the distribution of an intesdescendants of each of them are all col- tate's personal estate among the next of lateral kinsmen to each other. The kin, the computation of degrees of kinCanon Law and the Roman Law have dred is according to the Roman law, different methods of computing the de- which has probably been adopted in this grees of collateral consanguinity. Ac- case, because the other provisions of the cording to the Canon Law, which has statute are mainly taken from the Roman been followed by the law of England, we | law. In England real estate descends to begin at the common ancestor and reckon the next heir, and the descent is regulated downwards to the persons whose degree by the general doctrine of consanguinity of consanguinity we desire to ascertain, of the Common Law and the statute of counting each generation as a degree : 3 & 4 Will. IV. c. 106. (Novell., 118; and the degree of consanguinity in which Blackstone's Essay on Collateral Conthey stand to each other is the degree in sanguinity, and Blackstone's Commentawhich they stand to their common an- ries, vol. ii. p. 202.) cestor, if they are removed from the The question of consanguinity is the common ancestor by the same number of question of relationship between two degrees; if they are not, their degree is that given persons, as explained above. If in which the more remote of them stands to the common ancestor. Thus (to use

one of these persons is called Al all his the example given by Sir William Black- ! lineal ancestors will be found in (a) in

the ascending line above him, and all his sobrino, proprior sobrina, the sons and lineal descendants in the descending line daughters of the patruus magnus, amita below him. His collateral relations will magna, &c. (Tacit., Annal. xii. 64.) be found in the parallel lines (b), (c), (d), Some of the Latin writers used“ nepos” &c. The Roman numerals denote the to express a brother's or sister's son. respective degrees of consanguinity in The term consanguinity is derived from the Canon, and the Arabic those in the the Romans; but among the Romans, Roman Law. Thus, III. in the ascending Consanguinei were properly only those line is A's great grandfather, and III. in who had a common father. Cognatio the descending line his great grandson. was a larger term, and it was divided into In the ascending and descending lines naturalis and civilis. Naturalis cognatio the computation of the Roman and canon was that which existed without civilis laws, as already explained, is the same: cognatio, that is, without reference to in both laws the great grandfather and marriage. Accordingly naturalis coggreat grandson are respectively in the natio existed among all persons who third degree from A. No. III. in line were merely of kin through the mother, (6) is A's great uncle, who, according to whether they were the offspring of a the mode of reckoning already explained, marriage or not. Naturalis cognatio, or is in the third degree of consanguinity to the natural propagation of the species, was A by the canon law; and in the fourth, the element upon which the civilis or as denoted by the Arabic numeral 4, legal cognatio was formed. But civilis placed under ill., by the civil or Roman cognatio might exist without the naturalis, law.

as in the case of adoption. When cog-. The following are the names for con- natio resulted from a legal marriage, sanguinity in the Roman law. In line there was both the naturalis and civilis (a) ascending from A: 1, pater, mater; cognatio combined. The naturalis cog2, avus, avia; 3, proavus, proavia; 4, aba- natio was simply called cognatio; the vus, aba via ; 5, atavus, atavia ; 6, tritavus, civilis cognatio might be called civilis tritavia: all above 6 are included in the cognatio, but its proper name was aggeneral name “majores.” In line (a) natio. All those between whom cognatio descending from A:-1, filius, filia; existed were Cognati: all those between 2, nepos, neptis ; 3, pronepos, proneptis; whom agnatio existed were Agnati. Cog4, abnepos, abneptis; 5, atnepos, atneptis; | nati then were all those who were con6, trinepos, trineptis: all below 6 are in- nected either by father or mother, or cluded in the general name of “posteri” both, whether they were agnati also, or or “posteriores."

were merely connected by the naturalis Inline (b), beginning with 2 and cognatio. Those only were agnati who ascending :-2, frater, soror; 3, patruus, were in the power of a father of a fainily; amita (uncle and aunt on the father's and among them was the wife, who was in side); avunculus, matertera (do. on the the hand (manus) of her husband; and mother's ; 4, patruus magnus, amita they were still agnati after his death. They magna, avunculus magnus, matertera ceased to be agnati if they were adopted magna; 5, propatruus, proamita, proa- into another family. Also those who were vunculus, promatertera ; 6, abpatruus, adopted into a family became agnati abamita, abavunculus, abmatertera. to all who belonged to such families.

In line (b), beginning with 3 and do- Accordingly the definition of agnati, scending, the names are, 3, fratris, sororis, which defines it to be those cognati who filius et filia, and so on.

are related through inales, that is, by In (c), beginning with 4 and ascending: being begotten by a man in lawful mar-4, consobrinus, consobrina, which are riage, is not quite exact; for the definithe general terms, but properly signify tion does not comprise those who are those born of two sisters (quasi consoró adopted into a familia, though by such rini); sons born of two brothers are pro- adoption they became agnati; and it perly called fratres patrueles ; daughters, does comprise those who are adopted out sorores patrueles. 5, proprior, or prior of the family, and who thereby cease to

be agnati to the members of the family | the succession of intestates, for they were which they have left. In the old Roman cognati, though they had ceased to be aglaw it was only agnatio, that is, civilis nati. The same equity of mutual succognatio, which was a matter of legal cession was extended to a mother and her consideration; but under the empire the children when the mother had not been in strict nature of agnatio lost its meaning, the hand of her husband, and consequently and cognatio also was regarded, as we the legal consanguinity between her and see in the case of succession to intestates. her children was wanting. (Gaius, iii. Thus those agnati who had lost their 24, &c.) rights to the succession under the old (Institut., iii. tit. 6, De Grad. Cognalaw in cousequence of a capitis diminutio tionum ; Dig., 38, tit. 10: Ulpian, Frag., were admitted by the prætorium jus to I tit. 26; Böcking, Institutionen, i. 253.)

[merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][ocr errors][merged small][merged small][ocr errors][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small]
« ZurückWeiter »