Wales and Berwick Act 1746
Encyclopedia
The Wales and Berwick Act 1746 (20 Geo. II, c. 42) was an Act
of the Parliament of Great Britain
which created a statutory definition of "England" as including England
, Wales
and Berwick-upon-Tweed
. This definition applied to all acts passed before and after the Act's coming into force, unless a given Act provided an alternative definition. According to Blackstone
, the Act "perhaps superfluously" made explicit what was previous implicit.
The town of Berwick had changed hands between England
and Scotland
on several occasions prior to the union of the two kingdoms in 1707 and had historically been a royal burgh
in Scotland
. The Act confirmed that English
and not Scottish law
would apply to Berwick.
Of the original Act's four sections, only section 3 related to Wales and Berwick; sections 1 and 2 regulated collection of window tax
, and section 4 permitted Quaker
officials to replace the prescribed oath of fidelity with a declaration, owing to their objection to oath-taking. The short title
"Wales and Berwick Act" was introduced after the other sections had been repealed.
The act was repealed with regard to Wales by the Welsh Language Act 1967
, and in its entirety by the Interpretation Act 1978
. The Local Government Act 1972
, which came into force on 1 April 1974, explicitly stated that in future legislation "England" would consist of the 46 metropolitan and non-metropolitan counties established by the Act (which included Berwick), and that "Wales" would consist of the eight Welsh counties established by the Act. This also had the effect of excluding Monmouthshire
from the definition of England, and including it in Wales. The Interpretation Act 1978 restated the provisions of the 1972 Act with respect to legislation passed after 1 April 1974, and noted explicitly that in legislation passed before then, England included Berwick and Monmouthshire, and that in legislation prior to 1967 it still included Wales.
Act of Parliament
An Act of Parliament is a statute enacted as primary legislation by a national or sub-national parliament. In the Republic of Ireland the term Act of the Oireachtas is used, and in the United States the term Act of Congress is used.In Commonwealth countries, the term is used both in a narrow...
of the Parliament of Great Britain
Parliament of Great Britain
The Parliament of Great Britain was formed in 1707 following the ratification of the Acts of Union by both the Parliament of England and Parliament of Scotland...
which created a statutory definition of "England" as including England
England
England is a country that is part of the United Kingdom. It shares land borders with Scotland to the north and Wales to the west; the Irish Sea is to the north west, the Celtic Sea to the south west, with the North Sea to the east and the English Channel to the south separating it from continental...
, Wales
Wales
Wales is a country that is part of the United Kingdom and the island of Great Britain, bordered by England to its east and the Atlantic Ocean and Irish Sea to its west. It has a population of three million, and a total area of 20,779 km²...
and Berwick-upon-Tweed
Berwick-upon-Tweed
Berwick-upon-Tweed or simply Berwick is a town in the county of Northumberland and is the northernmost town in England, on the east coast at the mouth of the River Tweed. It is situated 2.5 miles south of the Scottish border....
. This definition applied to all acts passed before and after the Act's coming into force, unless a given Act provided an alternative definition. According to Blackstone
William Blackstone
Sir William Blackstone KC SL was an English jurist, judge and Tory politician of the eighteenth century. He is most noted for writing the Commentaries on the Laws of England. Born into a middle class family in London, Blackstone was educated at Charterhouse School before matriculating at Pembroke...
, the Act "perhaps superfluously" made explicit what was previous implicit.
The town of Berwick had changed hands between England
England
England is a country that is part of the United Kingdom. It shares land borders with Scotland to the north and Wales to the west; the Irish Sea is to the north west, the Celtic Sea to the south west, with the North Sea to the east and the English Channel to the south separating it from continental...
and Scotland
Scotland
Scotland is a country that is part of the United Kingdom. Occupying the northern third of the island of Great Britain, it shares a border with England to the south and is bounded by the North Sea to the east, the Atlantic Ocean to the north and west, and the North Channel and Irish Sea to the...
on several occasions prior to the union of the two kingdoms in 1707 and had historically been a royal burgh
Royal burgh
A royal burgh was a type of Scottish burgh which had been founded by, or subsequently granted, a royal charter. Although abolished in 1975, the term is still used in many of the former burghs....
in Scotland
Scotland
Scotland is a country that is part of the United Kingdom. Occupying the northern third of the island of Great Britain, it shares a border with England to the south and is bounded by the North Sea to the east, the Atlantic Ocean to the north and west, and the North Channel and Irish Sea to the...
. The Act confirmed that English
English law
English law is the legal system of England and Wales, and is the basis of common law legal systems used in most Commonwealth countries and the United States except Louisiana...
and not Scottish law
Scots law
Scots law is the legal system of Scotland. It is considered a hybrid or mixed legal system as it traces its roots to a number of different historical sources. With English law and Northern Irish law it forms the legal system of the United Kingdom; it shares with the two other systems some...
would apply to Berwick.
Of the original Act's four sections, only section 3 related to Wales and Berwick; sections 1 and 2 regulated collection of window tax
Window tax
The window tax was a significant social, cultural, and architectural force in England, France and Scotland during the 18th and 19th centuries. Some houses from the period can be seen to have bricked-up window-spaces , as a result of the tax.-Details:The tax was introduced in England and Wales under...
, and section 4 permitted Quaker
Religious Society of Friends
The Religious Society of Friends, or Friends Church, is a Christian movement which stresses the doctrine of the priesthood of all believers. Members are known as Friends, or popularly as Quakers. It is made of independent organisations, which have split from one another due to doctrinal differences...
officials to replace the prescribed oath of fidelity with a declaration, owing to their objection to oath-taking. The short title
Short title
The short title is the formal name by which a piece of primary legislation may by law be cited in the United Kingdom and other Westminster-influenced jurisdictions , as well as the United States. It contrasts with the long title which, while usually being more fully descriptive of the...
"Wales and Berwick Act" was introduced after the other sections had been repealed.
The act was repealed with regard to Wales by the Welsh Language Act 1967
Welsh Language Act 1967
The Welsh Language Act 1967 , is an Act of the Parliament of the United Kingdom which gave some rights to use the Welsh language in legal proceedings in Wales and gave the relevant Minister the right to authorise the production of a Welsh version of any documents required or allowed by the Act...
, and in its entirety by the Interpretation Act 1978
Interpretation Act 1978
The Interpretation Act 1978 is an Act of the Parliament of the United Kingdom. The Act makes provision for the interpretation of Acts of Parliament, Measures of the General Synod of the Church of England, Measures of the Church Assembly, subordinate legislation, "deeds and other instruments and...
. The Local Government Act 1972
Local Government Act 1972
The Local Government Act 1972 is an Act of Parliament in the United Kingdom that reformed local government in England and Wales on 1 April 1974....
, which came into force on 1 April 1974, explicitly stated that in future legislation "England" would consist of the 46 metropolitan and non-metropolitan counties established by the Act (which included Berwick), and that "Wales" would consist of the eight Welsh counties established by the Act. This also had the effect of excluding Monmouthshire
Monmouthshire (historic)
Monmouthshire , also known as the County of Monmouth , is one of thirteen ancient counties of Wales and a former administrative county....
from the definition of England, and including it in Wales. The Interpretation Act 1978 restated the provisions of the 1972 Act with respect to legislation passed after 1 April 1974, and noted explicitly that in legislation passed before then, England included Berwick and Monmouthshire, and that in legislation prior to 1967 it still included Wales.