You see from the above, that the writ is issued in the name of the King, again illustrating the way in which we English preserve ancient forms and traditions. For originally, every misdeed, even a slander, was held to be likely to cause a breach of the King's Peace, and was an offence against the King's Majesty itself. It was therefore proper for the King to summon the misdoer to his Court, and for the Chancellor who was his Registrar or Secretary to see actually to the issue of the writ. Endorsed upon (i.e. written on the back of) this writ were the words

"The Plaintiff's Claim is for Damages for Slander," and then followed a statement of when and where the slander was uttered.

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The Defendant upon whom a writ is served-whether he likes it or not-must arrange for an appearance to be entered," that is, he must give the Plaintiff and the Crown some acknowledgment that he has received the writ, and is prepared to answer the claim.

SUBSEQUENT STEPS IN THE ACTION

This first step in the action is followed by a series of other steps. The Plaintiff next draws up (a barrister is generally employed to do this work) a "Statement of Claim," which sets out with great precision exactly what the plaintiff complains of, and the remedy that he desires the court to grant. The Defendant then follows with a "Defence," showing as far as possible that the plaintiff has suffered no injury, and really has nothing to complain of.

You will not expect this short account of an Action at Law to go into further details.

THE TRIAL

Eventually generally after some weeks or months-the parties have got everything in readiness, and the case is "put down for trial," and waits its turn in the list. As the day approaches the witnesses are brought together-sometimes they have to be fetched from the provinces or even from far distant parts of the world, and the case is ultimately called on for trial. The counsel for the plaintiff states the facts to the jury, and then calls his witnesses to verify and support his statements. These witnesses are cross-examined by the defendant's counsel.

Then the counsel for the defence opens his case and calls his witnesses, who in turn are subjected to a cross-examination by the plaintiff's counsel. Then each counsel reviews the whole case from his client's point of view; the judge sums up"; and the jury retire to consider their verdict. In the actual case from which this sketch of these proceedings is taken, the jury found damages for the plaintiff to the amount of several thousand pounds. The defendant took his case to the Court of Appeal which disagreed with the court below, and relieved him of the payment of the excessive damages which the jury had fixed.

When no jury is employed, the judge alone decides the matter. In difficult cases he often reserves judgment for prolonged consideration.

In the County Courts the whole procedure is much simplified and shortened, and there is no tedious waiting. The judge hears the case as soon as the parties are ready for the trial.

THE POOR LITIGANT

Going to law" is usually a costly business, as counsel and solicitors receive fees which a poor person could not often afford to pay. People who were practically destitute could plead their extreme poverty and the Court would then appoint counsel and solicitor to take up their case.

But this was no help to a person who though not a pauper was yet too poor to risk the expense of an attempt to have his wrongs redressed in a Court of Justice. In 1914 a long overdue reform was introduced by which a litigant who can satisfy a judge that he has good grounds for "going to law," and that he is not worth £50 (or in special circumstances £100) exclusive of his wearing apparel and the tools of his trade, is enabled to bring or defend an action without paying fees and with voluntary legal assistance. Lists have been prepared of counsel and solicitors who are willing to assist poor persons in the conduct of proceedings.

One other point you should note. From time immemorial it has been the privilege of every British citizen to appear in person on his own behalf in any Court in the Realm, as plaintiff or defendant, and this is not an infrequent occurrence in our Courts. But a litigant is usually better advised to leave this work to a trained advocate.

QUESTIONS FOR DISCUSSION AND RESEARCH

1. Where is your nearest Court of Quarter Sessions held ?

2. If you live in the country, who is the Chairman of your Quarter Sessions; if in a big town, who is the Recorder ?

3. Name some of the Justices of the Peace residing in your locality. 4. What persons are exempted from jury-service?

5. Five shillings and costs, or seven days." This is the type of sentence often delivered by the magistrates. Discuss the justice of making imprisonment the alternative of non-payment of a fine. Is it in accordance with the principle of the equality of all men before the law? Do you see any objection to allowing poor men to be liberated on bail, and allowed to pay off the fine by instalments? (See p. 187.) 6. Can a Coroner send a man to prison?

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7. Is a prisoner who is found guilty" punished more severely if he has pleaded not guilty"? Explain why judges often recommend a prisoner who was taken in the act of committing a crime to plead not guilty."

8. What are the "Brewster Sessions," and of whom is the Court

composed ?

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9. What happens if a jury cannot come to a unanimous verdict? 10. In Scotland a jury may find "guilty,” “not guilty” or not proven." Discuss the merits of this usage.

CHAPTER XI

SOLDIERS AND SAILORS

INTRODUCTORY

[THIS chapter was first written in 1913. In August of the following year there broke out, quite suddenly, the greatest and most sanguinary war known to history. In that titanic struggle between the forces of Freedom and Despotism, Great Britain, though unprepared for war, took a wonderful and glorious share.

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The Navy proved indeed to be, in the words of H.M. the King. the Sure Shield of Britain and of her Empire in the hour of trial." 1 Warships of all kinds were rapidly built, and a demand for men was made far beyond the ability of the Royal Naval Reserve to provide. They were all obtained, however, by voluntary enlistment. Hundreds of business and professional men, eager to serve at sea, offered themselves and after a brief training were taken into the Navy as temporary officers. But chiefly the Navy relied for volunteers, and relied not in vain, upon the patriotism and experienced knowledge of our seafaring population. Under the guidance of the regular naval officers, the officers of the mercantile marine rapidly became proficient in their war duties and rendered most zealous and expert service throughout. The fine record of these men and of the hardy skippers and sailors of our fishing fleets will ever be proudly remembered by a grateful country.

Long before the end of the war, the Navy developed overwhelming strength both in ships and personnel. In 1916 one of our Ministers truly stated that "the world had begun to realise that it was on the basis of the British Fleet that the whole of the Allies depended and all military successes were founded." Since the termination of the war scores of ships of all sizes and descriptions have been broken up, thousands of men discharged, and a general reduction from a war to a peace basis steadily pursued largely in the interests of public economy; partly also in pursuance of an agreement arrived at in Washington for the limitation of naval armaments—a subject to which reference is again made at the end of the chapter. So complete is 1 From His Majesty's Message to senior naval officers on foreign stations, August 5, 1914.

now the reduction in the strength of our Navy that responsible statesmen are asking whether it has not fallen below the safety limit.

Though the demand for men for the Navy was large it was obviously far less than the requirements of the vast Armies which had to be formed and trained in great haste on the outbreak of the war. When voluntary enlistment failed to secure the necessary recruits recourse was reluctantly made to compulsory service, which was first introduced in January, 1916. To begin with, the unmarried men only were compelled to "join the colours," but their numbers proving insufficient, married men were soon called up,2 and later still the age limit was extended.

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Millions of our countrymen were thus trained to arms. Side by side with our Allies, they fought on many fronts aided also by the hundreds of thousands of our oversea I cousins" who hastened from the Dominions, from India, and from every corner of the Empire to stand by the Motherland in her hour of need. For over four years the Allies battled against and, after terrible sacrifices, finally vanquished a foe who, in his ruthless lust of conquest, cast aside every consideration of humanity and adopted-on land and sea-methods of warfare that horrified the conscience of the civilised world.

On November 11, 19183 (“at the 11th hour of the 11th day of the 11th month "), the Germans signed the Armistice for which they had asked, and the fighting ceased. Our immense armies, dispersed in various countries, could not, however, be instantly disbanded though the process of releasing the men at once began. It was not until April 30, 1920, that demobilisation was practically complete and the British Army again placed on a basis of voluntary service. It is the expressed intention of our rulers to reduce its size and organisation to that which existed before the war.

A short account has been added of the Royal Air Force. Given also are some notes on the League of Nations and the Washington Conference on the Limitation of Armaments, which may perhaps be helpful to older students.]

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THE BRITISH NAVY

We usually speak of "Soldiers and Sailors," but it would be more correct, perhaps, to reverse the order of these words, and to say Sailors and Soldiers," for the good reason that the Navy is the "Senior Service," and our "First Line of Defence ! You will see at once why the Navy must always stand foremost among the armed forces of the Crown. Since

1 Under 5 & 6 Geo V. c. 104.

2 Under 6 & 7 Geo V. c. 15.

3 A date and hour we have since reverently commemorated.