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"At Westminster, the twenty-second June, 1565. "Whereas heretofore for a good time past, humble suit was made to the Lords on behalf of the inhabitants of the isles of Jersey and Guernsey, who found themselves much grieved that divers of the same isles (contrary to their ancient charters and liberties), were called to answer here by process awarded them out of sundry of the Queen's Majesty's Courts of Record here, and after Judgments given in the the same isles, appeals made hither unto the said Courts, to the great trouble and vexation of the said inhabitants of which they humbly desired of their Lordships to have redress and reformation. Their Lordships thought good for the better understanding of that which should be thought requisite to be ordered in this matter upon certain knowledge what the law was touching the same charters, required both her Majesty's Solicitors General, to learn of the two Lord Chief Justices what their opinions were in law herein; and also prayed Sir Hugh Paulett, Knight, Captain of the said isle of Jersey, to signify his mind touching the same. whose opinions being this day returned to their Lordships in writing, which remain in the council chest. Their Lordships according thereunto thought good to order, that from henceforth all suites commenced there already, or hereafter to be commenced between any subjects of those Isles should be heard, ordered, and judged in the same isles, and not within this realm: and the like order their Lordships determined should be kept in suits arising and concerning two parties whereof the one is resident here in England, and the other in the said isles. And further their Lordships resolved that no appeals should be made from any sentence or judgment given in the same isles hither, but only according to the words of their charters "au Roi et son Conseil," which agreeth as Sir H. Paulett alledgeth, with such order and form as hath heretofore been accustomed; which their Lordship's determination they commanded should be entered in the register of Council, and a transcript made thereof and subscribed by one of the Clerks of the Council, and delivered to the party, complainant. And also that warning should be given to the Chief Officers of the Courts of Westminster here, especially to the Chancery and Court of Requests, to give order that no process be henceforth awarded out of the same Courts against any of the

officers or inhabitants of the said isles, whereby they or any of them might be troubled contrary to this order and resolution. " W. SHARPE."

(Signed)

Great stress has been laid upon this order, as interdicting the Judges from issuing writs to the Island; which writs by the bye, were the common processes, which do not run into privileged places: and attempts have heen made to strain the order, to make it appear as interdicting every kind of process now for argument's sake, we shall give it that latitude, and yet maintain that it is not worth a rush: Judge Blackstone says::-"By the 2d. Edw. III. c. 8, and 11 Rich. II. c. 10; it is enacted that no commands or letters shall be sent under the Great Seal, or the Little Seal, the Signet or Privy Seal, in disturbance of the law, or to disturb or delay common right; and though such commandments should come, THE JUDGES SHOULD NOT CEASE TO DO RIGHT which is also made part of their oath by statute of 88 Edw. III. st. 4, and by 1 Wil. and Mary st. 2, c. 2, it is declared, that the pretended power of suspending or dispensing with laws, or the execution of laws, by regal authority without consent of Parliament is illegal." The writ of habeas corpus, ad subjiciendum, is grounded on Acts of Parliament in which the Islands are specially named; and though those Acts should be opposed to ten thousand Charters, the Charters must all give way to the supremacy of Parliament. In the appeal to the House of Lords (1835) on the Islington Market Bill, which went to nullify a Charter granted by Edward III., the Judges laid down the Law, THAT AN ACT OF PARLIAMENT COULD TOUCH A CHARTER, BUT A GRANT FROM THE CROWN COULD NOT TOUCH AN ACT 29 OF PARLIAMENT.'

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The warning or mandate from the sovereign it will be seen was given to the Courts of Chancery and Requests, and not to the Courts of Queen's Bench, Common Pleas, Exchequer and Admiralty. Whatever force that mandate might have had in former days, it is quite certain that it has none now; and that the Judges of the present times would not hold themselves bound by it, especially in the teeth of so many Acts of Parliament as have since been passed, giving them jurisdicdiction; besides this, the Crown having been a party to those

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acts, it follows as a necessary consequence that the order or mandate must be considered as virtually repealed. Take for instance, the recent Act, 4, Will. 4, by which it is evident that process from the Courts of Chancery and Exchequer may be served in Jersey and Guernsey. The Act is intituled, An Act to explain and extend an act of the second year of his present Majesty, to effectuate the service of process, issuing from the Courts of Chancery and Exchequer in England and Ireland." It recites that all writs of subpoena or letters missive from those courts "shall be and they are hereby extended to any defendant or defendants, in any suit or suits as herein before mentioned, who shall appear by affidavit to be residing in any place, specifying the same, out of the kingdom of Great Britain and Ireland." But to return to those Courts to which the said Order was not given, we shall first speak of the Court of Queen's Bench. This is the supreme Court of Law in the Kingdom. Its jurisdiction is of a transcendant nature, for it keeps all inferior jurisdictions within the bounds of their authority, and may either remove their proceedings, to be determined there, or prohibit their progress below, and is reserved in the 7th article of the Constitutions of King John, by which the Courts of Jersey and Guernsey were established. It controuls all civil corporations. [See Quo Warranto.] It commands Magistrates and others to do what their duty requires, in cases where there is no other specific remedy. [See Mandamus.] It protects the liberty of the subject, by summary and speedy interposition. [See Habeas Corpus.] It takes cognizance of both civil and criminal causes, the former in what is called the Crown side, [see Oppressions, crimes and offences committed abroad,] the latter in the plea side of the Court. [See Public Offices, malversation abroad.]

The Court of Common Pleas has cognizance of all matters of law arising in civil causes, whether in real, personal and mixed actions, and the Court of Exchequer in matters of public revenue, though by a fiction of law common to this Court, as well as to the Queen's Bench, personal suits may be prosecuted. The Jurisdiction of the Court of Exchequer here was fully established in 1708, in an action of the Crown against Lady Dowager Germyn and Thos. Fooks, Esq., Executor of Lord Jermyn, and against Philip Pipon, his

farmer, in order to bring them to account for the fines and forfeitures belonging to the Crown, which had been received by the said Lord Germyn, or his farmer in this Island: and a commission to take evidence, in support of the action, was issued by the Court of Exchequer, authorizing and appointing John Dumaresq, Junr., Philip Patriarche, James Pipon and Elias Dumaresq, all of the said Island, to examine the witnesses. The High Court of Admiralty has also jurisdiction in maritime cases. [See Admiralty.] Besides, there may be mentioned the Bankruptcy Court, [see Bankrupt Laws of England, &c.] and the Court for relief of Insolvent Debtors, under the Insolvent Acts and Imprisonment for debt abolition act. The jurisdiction of these Courts however depends entirely on circumstances; generally speaking they have no cognizance of matters arising in the Islands between party and party, especially when both are domiciled here, unless it is given to them by statute; but in all cases where the Crown is adjoined to a Plaintiff, or is directly concerned, they have jurisdiction, and in cases of bankruptcy and insolvency, the jurisdiction of these Courts depends entirely on the commission of certain acts in propria persona within the cognizance of the English laws and on the fact, that in judgment of law, personal property, follows the person, and consequently becomes subject to the same jurisdiction as the person of the

owner.

ROYAL COURT.

The execution of the law is entrusted to twelve Jurats, presided by the Bailiff or his Lieutenant, who is not to govern or prejudice their opinions, nor ever to give his vote in Court, except in cases where an equal division takes place ; but when a majority prevails he is bound to follow it. (See Bailiff, his oath.) The dukedom of Normandy was originally divided into seven great bailiwicks, which were subdivided into less. Of these seven, the Islands of Jersey, Guernsey, Alderney and Serk, anciently formed one bailiwick. Over the great bailiwicks presided an inferior order of justiciers who were named Baillies, their power extended not beyond their respective bailiwicks, which limitation was also recognized in the constitutions of King John. About the year 1370, the Islands were divided into two bailiwicks, since

when the power of the Chief Magistrate has been considerably reduced. He is now merely the mouth-piece or organ of the Court, to sum up their opinions and to pronounce their judgments.

The Jurats are elected by the people for life, but seldom as the law enjoins, from among the most honorable and independent of their country, and the best qualified in respect of education, character and fortune, for the performance of their duties. They are subject to dismissal by the Queen for corrupt conduct, have no salary, and decide all causes according to their own individual ideas of law and justice; for none of them ever had any thing like a legal education. Prior to 1771, the royal court, composed as above described, had assumed, almost to the total exclusion of the States, the power of making laws and ordinances for the government of the people, which they were afterwards to execute. This inordinate power led, as might be expected, to arbitrary rule, and great and manifold abuses. Its injurious effects were at length made apparent to the King in Council, who, by his order of the 28th March, 1771, deprived the Royal Court of the authority to enact laws or ordinances, and conferred it under certain conditions and restrictions upon the States of the Island. The Court cannot hold its sittings except in the presence of the Bailiff or his Lieutenant, and in cases where the Bailiff is absent, and his Lieutenant present, against whose judgment an exception has been made, the senior magistrate must preside, unless the Bailiff by letter appoints a Juge Commis. Falle, in his chapter, on the Civil jurisdiction, says "The whole authority of public judgments residing thus in the Bailly and Jurats, there go next to constitute the Court divers Ministerial offices under them: as le Procureur du Roy, or Attorney General; l'Avocat du Roy, or Solicitor-Gen.; le Vicomte, or High Sheriff; le Greffier, or Clerk, who has the custody of the rolls or records; six pleaders, or Solicitors at the Bar, stiled Avocats du Burreau; two under Sheriffs, called Denonciateurs, because 'tis their part to publish the injunctions of the Court; and lastly, l'Huisser or Usher, a necessary attendant for the preserving of order. To whom let me add, (though not properly a Member of the Court) l'Enregistreur, or keeper of the register for hereditary contracts, which

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