CHAPTER XI.

TO THE LAWYER AND POLITICIAN.

DIVISION I. — EPITOME OF THE ENGLISH CONSTITUTION; LAWS, AND MODE OF ADMINISTRATION IN THE COURTS OF LAW AND POLICE.-PRISONS.

DIVISION II-MUNICIPAL CONSTITUTION OF THE CITY OF LONDON, AND HISTORY OF ITS OFFICES, ETC.

DIVISION III.-DIRECTORY TO THE LAW AND POLICE COURTS.

THE ENGLISH CONSTITUTION. - Poli- ment, under which limitation it contical writers reduce all governments tinues still to be hereditary. The chief into these three regular forms,-DEMO-prerogatives of the Queen are the folCRACY, ARISTOCRACY, and MONARCHY. lowing:-the power of sending ambasDemocracies are said usually to be sadors to foreign courts and receiving the best calculated to direct the end of ambassadors at home (but it may be the law; aristocracies to invent the observed here, as an evidence of the means by which that end may be individual liberty of the British subject, secured; and monarchies to carry them that no person can be sent out of the both into execution. It was the notion country, even upon the business of the of Tacitus that a mixed government, State, against his will, except as a formed out of them all, and partaking punishment for crime); the power to of the advantages of each, was a visionary make treaties, leagues, and alliances idea, and one that, if effected, could with foreign states and princes; the never be of long duration; but to this power of making war and peace; the the British constitution is a signal power of rejecting such provisions in and eminent exception. The execu- Parliament as she disapproves of. The tive power being lodged in a single sovereign is first in military command person, the King or Queen, strength in the kingdom; is considered to be and despatch are ensured. The legis- the fountain of justice, and has alone lative being divided between three the right of erecting courts of judicadistinct classes, into which the whole ture and appointing the judges thereof; community is arranged, each entirely also, being the fountain of honour, the independent of the other, viz. the Crown has the sole power of conferring Sovereign, the Lords (Spiritual and dignities. Lastly, the sovereign is the Temporal), and the House of Commons, supreme head and governor of the -no inconsistencies, nor violations of national church.

justice, can be attempted by either of The revenue of the Crown is chiefly them, but will almost surely be suc-derived from contributions in the shape cessfully resisted by the other two. of taxes,-viz., the Land Tax, which is Each branch is also armed with a nega- an annual charge of 4s. in the pound tive power sufficient to repel any inno- upon the beneficial proprietors of land; vation which it shall think dangerous to the Customs, which are the duties, or the country or to itself. toll, payable upon merchandise ex

The Crown of England is, by the ported and imported; the Excise, which common law of the land, hereditary, is an inland imposition upon commobut in a manner peculiar to itself; the dities, charged in most cases upon right of inheritance being liable to be manufactures; the Post Office, or a duty changed or limited by Act of Parlia-imposed upon the carriage of letters;

the Stamp Duty, or a tax upon all revenue, amounted, in the year 1850, to deeds, legacies, newspapers, and licences upwards of 52,000,000l.,-28,000,000%. to carry on certain occupations; the of which went to discharge the interest Assessed Taxes, or duties charged upon upon the National Debt, amounting to persons in respect of articles in their upwards of 760,000,000l. The remainder use or keeping, as horses, carriages, is devoted to the expenses of the governlivery servants, &c. ; lastly, the Property ment. Out of this, an annual sum, and Income Tax. The Commons of called the Civil List, is granted to her Great Britain in Parliament assembled Majesty for life, amounting to 385,000l.; have the sole and independent power, 60,000l. being assigned for her Majesty's irrespective of the other parts of the privy purse. The following is an account legislature, of imposing these taxes; of the revenue and expenditure for the which, together with some very small past year :receipts from the royal hereditary

The basis of the English Constitution, gatives of Parliament are privilege of the capital principle on which all others speech, (it being declared by a statute as depend, is, that the legislative power far back as William & Mary, that the belongs to Parliament alone; that is to freedom of speech, and debates, and say, the power of establishing laws, and proceedings in Parliament ought not to of abrogating, changing, or explaining be questioned or impeached in any them. The constituent parts of the court whatever but of Parliament,) and Parliament are the Queen, the Lords, privilege of person, or exemption from and the Commons. It is the Queen's arrest, except from crime. Any memprerogative alone to summon Parlia- ber may originate an act of parliament ment to assemble; yet this power is in in the House in which he sits upon check by a statute, which enacts, that receiving the consent of the majority of she shall not allow that body to remain that House to do so. Upon such conunconvened for a longer space than sent being obtained, the bill, as the act three years. The only province of the is called before it is approved by the Sovereign in Parliament is to give vali- Queen, is presented to the House for dity to such measures as the other its deliberate consideration. It is then members of the legislature may devise. said to be read a first time; and, at a The House of Peers consists of the convenient opportunity, a second readlords spiritual, i. e. the archbishops and ing takes places; the Speaker inquiring, bishops of the United Kingdom; and at the end of each reading, whether the the lords temporal, who are the peers bill shall proceed any further? This of the realm, and act by virtue of their question is decided by majority of title. The House of Commons (as the votes. If it is successfully opposed at name indicates) consists of the repre- any one of these stages, the bill must sentatives of the body of the people, be dropt for that session; but if it and are 658 in number. The prero- goes through the ordeal of the second

reading, it is referred to a committee The written law, or the Leges scriptæ, of the whole House, and altered and comprises all statutes, edicts, and acts amended as may be thought necessary. of parliament, which have been made It is then read a third time, the Speaker from time to time by the sovereign, putting it to the House again, if the by and with the advice and consent bill shall pass? If passed, a member is of the lords spiritual, and temporal, directed to carry it up to the bar of the and commons in parliament assembled. House of Lords, requiring their concur- The oldest statute on record is the rence. It passes then through the famous Magna Charta, as confirmed in same form as in the other House. If it parliament in the reign of Henry III. be rejected by the Lords, no more notice First of all we will show how the is taken of it; but if agreed to, a mes- law is administered in civil, and then sage is sent to the Commons, that their how in criminal cases; giving the names lordships have accepted the same, and of the different courts as we proceed, the bill remains in the Upper House to commencing with— receive the Royal assent; unless any

THE COUNTY COURTS.-These are amendment have been made, in which courts instituted by virtue of an act of case it is sent to the Commons again to parliament, or rather engrafted upon receive their consent to such amend- the old common law county courts, ment. If the Commons disagree to and are distributed equally all over the them, a conference usually takes place face of the country. The jurisdiction between the two Houses, when, if they of these courts extends to personal cannot adjust the difference, the bill actions, where the debt or damage does drops. If the bill is introduced in the not exceed 50%., and in order to enforce Lords, the same forms are gone through parties to resort to these courts in in that House; and then it is sent to cases falling within their grasp, it is the House of Commons for their concurrence or disapproval.

Having seen how the laws of England are made, we will take a cursory glance at the manner in which they are administered.

enacted, that if any action shall be commenced in any of the higher courts of law, which might have been entertained in these courts, and a verdict shall be found for the plaintiff, for an amount less than 20%., such plaintiff shall THE MUNICIPAL LAW OF ENGLAND, or not recover costs of defendant. This the rule of civil conduct prescribed to provision is made to prevent a plaintiff the inhabitants of this kingdom, may running a defendant into difficulty be, and is properly divided into two with costs, in respect to an action for a kinds, the unwritten or common law, and small amount of money. Actions in the written or statute law. The unwritten which more than the sum of 201. is law, or the Lex non scripta, includes sought to be recovered, may either be not only general customs of certain brought in the county courts, or in one parts of the kingdom, but likewise those of the superior courts at Westminster, particular laws which, by custom only, at the option of the plaintiff; subject, are retained in certain courts and juris- however, to the above excellent prodictions; being parts of the municipal vision; and even actions in which a law of Rome, which have been, from sum exceeding 50l. is claimed, may be time to time, adopted by this country. brought in these courts if both plainThe municipal law of Rome, as a system, tiff and defendant consent. Two of never had a footing in England; but the chief advantages of these courts such parts of it only as were agreeable are, speedy judgment, and small costs. to us, were admitted and since gradually The plan of proceeding is shortly thisbecame to be recognised as a portion You enter a plaint with the clerk of of the common law of the land-the court, instructing him, at the same

This is

But

time, of the nature of your claim. He to fealty or land. There are five judges then gives notice of it to the defendant, of this court, one chief and four puisne who must appear at the next court, justices. and defend himself. If he neglects to THE COURT OF QUEEN'S BENCH-80 do so, or his defence prove insufficient, called, because the sovereign used forjudgment may be obtained against him merly to sit there in person. for the amount of the claim and costs, the supreme court of common law in and on non-payment thereof, he may the kingdom, and consists of one chief be committed to prison for forty days; justice and four puisne justices, who but such imprisonment will not dis- are, by virtue of their office, the sove charge the debt. The case is generally reign conservators of the peace, and decided by the judge himself, without supreme coroners of the land. the intervention of a jury; but either although the sovereign himself used to party may demand a jury if he please; sit in this court as the judge thereof, and, if either party, in any cause where and is still supposed to do so, he was the amount sought to be recovered is not, nor is he now, empowered to deterbetween 201. and 50l., shall be dissatis- mine any cause but by the mouth of fied with the determination or direction his judges, to whom is committed the of the judge on any points of law, or the whole judicial authority. The jurisdicadmission, or rejection of any evidence, tion of this court is very high, higher he may appeal against the same to the than all beside. It keeps all inferior superior courts of common law at jurisdictions within the bounds of Westminster, which courts we shall now their authority; it superintends all proceed to notice-They are three in civil corporations; it commands magisnumber: THE COURT OF EXCHEQUER; trates and others to do what their duty THE COURT OF COMMON PLEAS; THE requires of them to do; and commands COURT OF QUEEN'S BENCH.

redress in every case in which there is THE COURT OF EXCHEQUER is so called no other specific remedy; it takes cognibecause, at its institution, it was intended sance both of civil and criminal causes. principally to order the revenues of the Where civil causes are tried, is called crown; and to recover the King's debts the plea side, where criminal cases are and duties. It has, however, by degrees, decided, the crown side, of the court. acquired the character of an ordinary It administers justice between_subject court of justice, between subject and and subject, in all actions whatever, subject. It was formerly a court of except real actions; which, as we have equity as well as law; but now the already seen, are confined to the Court equity side of the Court of Exchequer of Common Pleas; and also, except is transferred to the Court of Chancery. revenue cases, which it is the province Its jurisdiction extends to all personal of the Court of Exchequer to arrange. actions between subject and subject, An appeal from the decision of either and to all cases in which the proprietary of the Common Law Courts at Westrights of the crown are sought to be minster, may be made to the Court of enforced. The judges of this court are Exchequer Chamber, which consists of at present five in number-one chief all the judges of the other two courts and four puisne barons, as they are not concerned in the judgment at issue. called. For instance, in an appeal from the THE COURT OF COMMON PLEAS.-The Court of Common Pleas, the Court of jurisdiction of this court is somewhat Exchequer Chamber would consist of different to the Exchequer. It extends the judges of the Courts of Queen's not only to all personal actions what- Bench and Exchequer. An appeal lies ever, but also to all real actions between from the Exchequer Chamber to the subject and subject, i. e., actions relating House of Peers, which is the highest

court of judicature in the kingdom,- tioned, there is another court-one of there is no appeal from this court. equity-which, in matters of property, MODE OF TRIAL IN CIVIL CASES.-The very far transcends in importance, and first object in an action, is to compel would in usefulness were its practice the defendant's appearance in court, in improved-any of the others; this is order that he may be informed of the the COURT OF EQUITY, or THE HIGH plaintiff's claim; for this purpose, a COURT OF CHANCERY; so called from process, called a writ of summons, is the name of the chief judge who preserved upon him, in pursuance of which, sides there, the Lord Chancellor, or if he do not appear, judgment may be cancellarius, who is so termed, a-cancelobtained against him by default; for, lando, from cancelling the king's letters by his non-appearance, he is supposed patent when granted contrary to law, to have acknowledged the debt. A which is the highest point of his juriswrit of Execution follows, under which diction. The proper province of this his goods and chattels, lands and tene- court is to redress the inconveniences ments, are sold and disposed of to occasionally resulting from the appliliquidate the debt; or if they are not cation of the strict letter of the comsufficient, then another writ of Execu- mon or statute law; and to administer tion is issued, under which his body is justice between party and party when taken and put in prison; and kept there there is no remedy, or an imperfect until he pays the debt, or is otherwise one, at common law. For instance, just lawfully discharged as an insolvent to illustrate. A man promises another debtor, the manner of which discharge to purchase his estate for a certain sum we will mention hereafter. If the of money, and afterwards refuses to do debtor appears to the writ of summons, so. At law, the man whose estate the they implead each other then until other had promised to buy, may recover they arrive at a certain fixed point for damages against him for his breach of determination: if this point be one of promise; but such damages may not be matter of fact, it is decided by a jury adequate to meet the justice of the of twelve men; but if it be one of law, case, and the vendor would rather sell it is settled by the judges. Judgment his estate than recover damages. But is then pronounced by the court, upon he cannot enforce the sale at law; his which a writ of Execution may be recovery, therefore, is incomplete in obtained, and made use of in the way this respect; and here it is that the we have already described. Against Court of Chancery will interfere, and the decision, an appeal will lie, as we compel the vendee to fulfil his prohave already stated, and we may add, mise and purchase the estate. There that no man can be imprisoned for a are five judges of this court, viz.: the debt of less than 207.; nor, in cases Lord Chancellor, the Master of the where the debt exceeds that sum, until Rolls, and three Vice Chancellors, each execution has issued against him; or it judge having a separate court of his is proved, to the satisfaction of the own. An appeal lies from the other court, that he intends to leave the judges to the Lord Chancellor, and from country. the Chancellor to the House of Peers. We may as well remark, in this place, THE BANKRUPTCY AND INSOLVENCY that the judges of the land are appointed COURTS.-Besides the courts of general by the sovereign, and they hold their jurisdiction we have already noticed, offices for life; but they may be re- there are two others of very great immoved at any time by the High Court portance to the community at large; of Parliament for misdemeanor. the Bankruptcy Court and the InsolTHE COURT OF CHANCERY.-Besides vency Court. The Court of Bankthe courts of common law iust men- ruptcy administers the bankrupt laws;