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CHAPTER I.

EUROPEAN POSSESSIONS.

Power of Parliament over the entire Realm.-Appeal to the Privy Council and to the Queen's Bench.-England and Wales.-The Channel Islands.-Union with Scotland.-Laws of Scotland.-Stewards and Sheriffs.-Ireland.-Gibraltar. Malta.-Heligoland.

THE realm of Great Britain comprises certain colonial possessions which are no part of the mother-country, but distinct, though dependent dominions. The parliament of England, Scotland, and Ireland, in conjunction with the sovereign of the United Kingdom, governs all the European possessions, the colonies, and the Empire of India. If the colonies have any power of legislation it is only to be regarded as delegated. Since the parliament gathered painful experience from the vain and unprofitable endeavour to impose taxes on America, it has relinquished all further attempt to raise taxes in the colonies. Parliament is empowered, provided it take the consequences, to innovate at any moment, by means of an act of parliament, upon the manners and customs of the Hindoos. From all the courts, in what part soever of the British realm, appeal lies to the jurisdiction of the queen in council; in certain cases, by certiorari, to the Queen's Bench, and thence a further appeal is permissible to the house of lords.

England, Scotland, and Ireland, constitute "the United Kingdom of Great Britain and Ireland;" to which appertain many small dependencies, partly under direct control of parliament, and partly withdrawn from it. The kingdom of England comprises Wales and Berwick-upon-Tweed. The Welsh were subjected to the crown of England in the reign of Edward I.; material alterations were then made in their laws, especially in the forms of their judicial proceedings, but they still retained much of their original polity, especially their rule of inheritance, according to which their lands were equally divided among all the issue male. Their provincial immunities were further abridged by subsequent

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statutes. By 27 Hen. VIII. c. 26, it was enacted that the dominions of Wales should be for ever united to the kingdom of England; that all Welshmen born should have the same liberties as other king's subjects; that lands in Wales should be inheritable according to the English tenures and rules of descent, and that the laws of England and no other should be used in Wales. The 34 & 35 Henry VIII. c. 26, confirming these provisions, added further regulations, and divided Wales into twelve shires. The statute 1 Will. IV. c. 70, abolished the jurisdiction of the "Court of Great Sessions," and subordinated the inhabitants of the principality to the courts at Westminster.

The Channel Islands, Jersey, Guernsey, Alderney, Sark, and their appendages, have their own Norman customary law, called "Le grand coustumier." It is contended that the authority of the sovereign is exercised only in virtue of the ancient claim to the Duchy of Normandy; and that, therefore, the power of legislation is vested in the sovereign and council, and not in parliament. Neither parliament nor council, however, interfere on ordinary occasions with the internal regulations of the island. The queen's writ or process from the courts of Westminster is, in ordinary cases, of no force in these islands; but her commission is. Acts of parliament have no force therein unless the islands are particularly mentioned, or unless the acts, by virtue of an order in council, are registered on the records of the islands. Every act of legislative authority by the parliament is regarded as a usurpation.

Even last year Sir G. Cornewall Lewis declared that the relation of the Channel Islands to England resembled that of Scotland before the union, thereby acknowledging that parliamentary legislation, in regard to the Channel Islands, is virtually excluded. The judicial and executive authority is exercised by a convocation of several bodies, under the collective designation of the Assembly of the States, consisting of native bailiffs, jurats, the procureur-general of the royal court, the rectors of the parishes, two constables from each parish, and douzainiers or vingtainiers. The task of raising money to defray public expenses, is committed to the "States of Deliberation," unless in cases of peculiar emergency. Application must, however, be made to the sovereign for permission to carry into effect the levies proposed by this convention. The royal court consists of a bailiff named by the crown, and twelve jurats chosen by the members of the states,

who serve for life, unless discharged by the sovereign in council; the officers of the crown are the procureur, the comptroller, the provost, the greffier, and the crown-serjeant. The legal institutions are a mixture of English with Norman law, precedent, and custom, and, in criminal cases, with the judgment of the assessors themselves. Appeal only lies to the queen in council.*

Jersey has a separate administration, consisting of two bodies, one, the legislative body, called the States; the other, the judicial, called the Royal Court. The latter is composed of a president or bailiff of Jersey, appointed by the crown, and twelve judges, elected for life by the people. All heads of families paying parochial rates are entitled to vote in the election of a judge, and any individual may be made a judge who can obtain as many votes as will ensure his election. The legislative body is composed of thirty-six members, besides the governor and bailiff, consisting of the twelve judges, who, being judges for life, are legislators for life; the rectors of the twelve parishes, nominated, with the exception of the dean, by the governor, who are also legislators for life; and the twelve constables elected triennially by the people. The crown officers and the viscomte have also seats in the states, and may speak, but cannot vote. There is no regular session, nor fixed times for assembling; they are convened, with the consent of the lieutenant-governor, by the bailiff, whenever he deems a meeting necessary to consider certain measures. The states

originate and pass laws, raise funds for the public service, and appropriate the revenue. All acts passed by the states, if meant to continue in force more than three years, must receive the royal assent. The governor and lieutenant-governor are appointed by the crown; the former holds office during life, and has the appointment of a receiver of the crown revenues. The lieutenantgovernor, who is usually a major-general in the army, is commander-in-chief of all the forces and militia in the island. He may negative any act passed by the states, and may even withhold his consent to their assembling, but in such event must give his reasons to the home secretary.

The Isle of Ely was never a county palatine, although the abbots and bishops formerly possessed jura regalia. The secular authority has been taken away and vested in the crown by 6 & 7 Will. IV. c. 87.

* Parliamentary Gazetteer.

From time immemorial the Isle of Man has been governed by its own laws, made and enacted by the three estates: 1. The sovereign or lord, and his representative, the governor; 2. the council; 3. the keys. The island ranked as a separate kingdom till 1765, when the Duke of Athol agreed to alienate the sovereignty, which was accordingly transferred to the crown, and subjected to the regulations of the British excise and customs. The governor, appointed by the crown, is chancellor ex officio, and his consent is necessary to the passing of every law. The council consists of the bishop of the diocese, the attorney-general, the receiver-general, the two deemsters or chief justices, the clerk of the rolls, the water-bailiff, or judge-admiral, the archdeacon, and two vicars-general, who are members ex officio. Without the sanction of the majority of this council no law can be presented for the royal approbation The house of keys, consisting of twenty-four principal landed proprietors, who are regarded as representatives of the people, possesses powers legislative and judicial. They are in all cases interpreters of the common law, whence, it is conjectured, they have the name of keys. To them lies an appeal from the inferior courts, and from their decision no appeal lies but to the sovereign in council. The three estates may enact, abolish, or revive all insular laws, but they must be confirmed by the sovereign, and proclaimed. Beside the deemster courts, and those of the high bailiffs-the former for matters of the highest importance, the latter embracing actions for the smallest sums-there are a court of chancery, a court of exchequer, a court of common law, a manorial or shedding court, a court of general jail-delivery twice in the year, a court of admiralty, and ecclesiastical courts. The high bailiffs hold courts in each of the four market towns, for the determination of all cases under 40s.; they have, also, hitherto acted as the magistrates of the towns, in maintaining peace and apprehending offenders. Other magistrates, however, have been recently appointed, with powers similar to those of justices of peace in England. Manxmen alone are allowed to practise as agents in the law courts. The Isle of Man is only subject to parliamentary enactments when expressly named therein.*

The kingdom of Scotland, notwithstanding the union of the crowns on the accession of King James I., continued a separate * Parliamentary Gazetteer.

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