only of those who are appointed to the offices of Government by his Majesty. They alledge, that the holders of particular employments had a right to sit in Council only because they were nominated to such employments by the then Sovereign of the Island. That on this principle none ought now to be considered as legal members of that body but those who derived their appointments directly from his Majesty; that the bishop and other spiritual officers, being nominated by the Duke of Atholl, must, therefore, be excluded, inasmuch as (whatever ground their pretensions may have formerly had) a right to a seat in the Council of the Sovereign cannot flow from an appointment made by a subject; that the Receiver-General, the Comptroller of the Customs, and the Water-Bailiff, must likewise be excluded, because they are created either by Sign Manual or Treasury Constitution, and not by Patent under any of the Royal Seals. In point of fact, from the time of the revestment down to a recent period, this Council has been attended only by the Deemster, the Attorney-General, and the Clerk of the Rolls. The spiritual officers have lately Appendix, claimed to be admitted, and their claim, though protested No. 39. against by the Attorney-General, has been allowed by the Lieutenant-Governor. They contend, that if they ever had the right, they must still continue to enjoy it, for that it has not been altered by any express words, and cannot be taken away by mere implication, especially an implication which is by no means necessary or direct. We understand that the Lieutenant-Governor has sent over a statement of the whole matter, for the purpose of being laid before his Majesty for his determination. With respect to the ancient right, we have already stated all the information we were able to procure; with respect to (C.) the operation of the Revesting Act, it is a mere legal question, which it does not belong to us to decide, and on which we shall not presume to offer an opinion.53 As to the Receiver-General, the Comptroller, and the Water-Bailiff, we believe they never have, since the year 1765, claimed admission into the Council, nor have they ever been summoned. We must, however observe, that the two former are now merely officers of the customs, and that their functions, consequently, bear little resemblance to those of the Receiver and Comptroller of former times. The courts of justice were very little affected by the operation of the Revesting Act. As the judicial authority of the Lord was abolished, the court of his Majesty in Council became the immediate as well as the last court of appeal from the jurisdictions within the Isle. The Manerial Courts for the several sheadings were reserved to the Duke and Duchess of Atholl, by the term "Courts Baron." The books and enrollments belonging to them were, shortly after the revestment, separated from those of the other courts, and delivered to the steward or agent of their Graces; and since that time, these Manerial Courts have been held by that officer and the respective setting quests for the several sheadings at the same times and places as formerly. In all other respects, the Revestment Act left the administration of justice on the same footing on which it had formerly stood. But some alterations have since been introduced. The office of one of the Deemsters was, about the year 1775, on the death of the person who enjoyed it, discontinued, and there is now but one Deemster for the whole Island.49 53 The questions referred to in the text as to the rights of the holders of particular offices to sit in the Council are now not necessary to discuss, as they depended on a state of things which does not any longer exist. All the officers named now derive their appointments from the Crown except the Vicar-General, who is, and always has been, appointed by the Bishop, whose appointment is now dire from the Crown. By Acts of Tynwald passed in 1777, some regulations were made respecting the courts of General Gaol Delivery, Chancery, Exchequer, and Common Law. With respect to the last particularly, it is enacted, That it shall be held four times in the year, instead of twice; and that it shall be stationary at Castle Rushen, instead of being itinerant as formerly. The Great Inquest is abolished.54 It is provided, that juries should in all cases consist of six, and examine the issue referred to them, and deliver their verdict in open court; and further, that the appeal in all causes concerning the title of lands should be to the House of Keys; and in all others, to the Governor.55 Provisions were made for preventing unjust imprisonment. And to supply the want of another Deemster, four new officers were created, termed High-Bailiffs, one in each of the four principal towns, and a jurisdiction given to them analogous to that of the Deemster within certain limits, and in all matters not exceeding forty shillings in value, subject to an appeal to the Deemster, which may afterwards be carried before the Governor. By the before-mentioned Acts of Tynwald passed in 1777, some of the ancient laws of property were altered, and several new regulations of police were introduced. Since that period, no bill has received the Royal Assent. Here, therefore, we close our account of the ancient and modern constitution of the Island, and proceed to the last of the four general heads into which we have divided our report. 54 The Great Enquest has been revived. (See Note 36.) 65 As to Appeals. (See Note 20.) E |