Page images
PDF
EPUB

bers to serve in Parliament for the Cinque of Guestling. In the Court of BrotherPorts.'

hood the arrangements and regulations The jurisdiction of the Cinque Ports were made as to the apportioning of the collectively extends along the coast, con service of ships to the crown. The ne tinuously, from Birchington, which is cessity for proceedings of this kind no west of Margate, to Seaford in Sussex. longer exists; and although these courts But several of the corporate members are have been occasionally held of late years, quite inland. Tenterden, in the centre such holding seems to have been mere of a rich agricultural district, has not matter of form, excepting only the Courts even a river near it. Many of the unin- of Brotherhood and Guestling, held be corporate members are not only inland, fore each coronation, at which the arbut situated at great distances from their rangements have been made respecting respective ports, some as far as forty to fifty the privilege of the barons of the ports to miles. All the unincorporated members hold the canopy over the king's head on being exclusively under the jurisdiction that occasion ; another mark of the preof their own ports, each of those members eminence among the municipalities of was obliged to have recourse to the jus- England given to these towns by the tices and coroner of its own port. This princes of the Norman line. inconvenience was partially removed by It remains to notice more particularly 51 Geo. III. c. 36, entitled · An Act to the nature of the lord warden's jurisdić facilitate the Execution of Justice within tion as now exercised. All writs out of the Cinque Ports.'

the superior courts are directed to the The Parliamentary Reform Act of 1832 constable of Dover Castle, who is always worked a considerable revolution in the the lord warden ; upon which his warpolitical relations of the Cinque Ports, rant is made out, directed to and executed and the Municipal Reform Act has ope- by an officer called the bodar. This rated yet more decidedly to break up the officer, by a curious anomaly, has also ancient organization of the ports, and the execution of writs out of the distant assimilate their internal arrangements to civil court at Hastings; and the necessity those of the improved English munici- of having recourse to him has been a palities at large.

source of inconvenience and dissatisfacAnciently there were several courts, tion to the latter town. The clerk of exercising a general jurisdiction over all Dover Castle acts as under-sheriff. The the ports and members. The Court of constable's gaol for debtors is within Shepway was the supreme court of the Dover Castle ; and by act 54 Geo III. e. Cinque Ports. The lord warden presided | 97, their maintenance was provided for by in it, assisted by the mayors and bailiffs an annual contribution of 3001., to be levied and a certain number of jurats summoned on the ports and members in proportions from each corporate town. Two other fixed by the act. ancient courts are still occasionally held, The Admiralty jurisdiction of the the Court of Brotherhood and the Court Cinque Ports, attached to the office of of Guestling. The Court of Brotherhood lord warden, is expressly reserved in the is composed of the mayors of the five Municipal Reform Act. A branch of ports and two ancients towns and a cer this jurisdiction appears in the court of tain number of jurats from each of Lodemanage, so call from the old Engthem. The Court of Guestling con- lish word lodeman, a lead-man or steerer, sists of the same persons, with the addi- which is held for the licensing and regution of the mayors and bailiffs of all lating of pilots, by the lord warden and the corporate members, and a certain a number of commissioners, of whom the number of jurats from each of them. It mayors of Dover and Sandwich are offiis thought that the bodies forming this cially two. The lord warden seems anaddition may originally have been merely ciently to have held a court of chancery invited by the Court of Brotherhood to in one of the churches at Dover, but it give their assistance, and that hence the has long been obsolete. (Jeake's Charassembly may have received the name ters of the Cinque Ports, &c.)

CIRCUITS (from the French cir- | coln, Nottingham, Derby, Leicester, and cuit, which is from the Latin circuitus, Warwick. a going about"), in English law, denote The Home Circuit comprehends the the periodical progresses of the judges counties of Hertford, Essex, Kent, Sussex, of the superior courts of common law and Surrey. through the several counties of England (For several years preceding 1834 one and Wales, for the purpose of administer of the judges made a circuit through the ing justice in civil and criminal matters. counties of Hertford, Essex, Kent, Sussex, The ordinary circuits take place in the and Surrey, in the month of December, for spring and summer of each year. In the trial of criminals. But in that year 1843 and 1844 a winter assize was an act was passed (4 Wm. IV. c. 36) for held, and it is probable that a third establishing a central criminal court for assize will now take place every year,

London and Middlesex, and parts of These winter commissions of oyer and Essex, Kent, and Surrey, the sessions terminer and general gaol delivery have for which are held at the Old Bailey, at not hitherto included the counties of least twelve times a year. The judges are cities. All the circuits take place under the Lord Mayor, the Lord Chancellor, the the authority of several commissions under Judges, the Aldermen, Recorder, and the great seal, issued to the judges and Common Sergeant of London, and such others associated with them on each oc others as her Majesty may appoint. The casion. [Assize.] Most barristers prac jurisdiction of this court extends to all tising in the common law courts in treasons, murders, felonies, and misdeLondon are attached to one or other of meanours within ten miles of St. Paul's the circuits; and each circuit is con Cathedral. Offences committed on the stantly attended by a numerous bar. The high seas, within the jurisdiction of the transaction of judicial business in the pre- | Admiralty of England, are tried in this sence of a professional audience of this court.] kind, has been justly considered one of The Norfolk Circuit comprehends the the best securities for the due administra- counties of Buckingham. Bedford, Huntion of justice; and in consequence of tingdon, Cambridge with the Isle of Ely, the system of circuits, this advantage is Norfolk, and Suffolk. not confined to the metropolis, but is The South Wales Circuit comprehends communicated to the most remote parts the counties of Glamorgan, Carmarthen, of England and Wales.

Pembroke, Cardigan, Brecon, and Radnor. Since the statute 11 Geo. IV. & 1 The North Wales Circuit comprehends Will. IV. c. 70, by which the ancient the counties of Montgomery, Merioneth, Welsh judicature was abolished, the cir- Carnarvon, Anglesey, Denbigh, Flint, and cuits of the judges are eight in number, Chester. and the counties of England and Wales Ireland is divided into the North-East are distributed among them in the follow- | Circuit, the North-West Circuit, the ing manner:

Home Circuit, and the Leinster, ConThe Northern Circuit comprehends naught, and Munster Circuits. . the counties of York, Durham, Northum Scotland is not divided into Circuits. berland, Cumberland, Westmoreland, and Assizes are held twice a year in AberLancaster.

deen, Inverness, Perth, Ayr, Dumfries, The Western Circuit comprehends the Jedburgh. Glasgow, Inverary, and Stircounties of Southampton, Wilts, Dorset, ling: at Glasgow they are held three Devon, Cornwall, and Somerset,--and times a year. Bristol.

The total number of towns in which The Oxford Circuit comprehends the assizes are held is, in England, 66; Irecounties of Berks, Oxford, Worcester, land, 34; and Scotland, 9. Stafford, Salop, Hereford, Monmouth, and counties, especially in England, the asGloucester.

sizes are held alternately at two different The Midland Circuit comprehends the towns of the county. In Surrey they are counties of Northampton, Rutland, Lin- held in three different towns--the Spring

In many

assizes at Kingston, and the Summer as done at the Conventus was not confined to sizes at Croydon and Guildford alter the settlement of legal disputes ; but nately.

other matters were also transacted there The Commissioners of Insolvent Debt- which required certain forms in order to ors make circuits thrice a year through- have a legal effect, such as the manumis out England and Wales, for the purpose sion of slaves by those who were under of discharging insolvent debtors. There thirty years of age (Gaius i. 20). are four circuits, corresponding with the CITATION, a process in the comnumber of commissioners. The Home mencement of a suit by which the parties Circuit comprises five towns, the Mid- are commanded to appear before the Cut land twenty-six, the Northern twenty- sistorial Courts. in the Prerogative two, and the Southern twenty-six,-in all Court it is called a Decree. seventy-six towus.

CITIZEN, from the French word The Romans used to divide their Pro- Citoyen, which remotely comes from vinces into districts, and to appoint certain the Latin Civis. Aristotle commenas places, at which the people within the seve the Third Book of his Politik' wile ral districts used to assemble at stated times an investigation of the question, What for the purpose of having their disputes is a citizen (ToxíTNS)? He defines him settled by legal process. These places to be one who participates in the jaha were called Conventus, “meetings," a word dicial and legislative power in a Stali, which properly signified " the act of mett- but he observes, that his definitie ing,” and the assembly or people who strictly applies ouly to a democratic met; and the term “ Conventus” was also form of government. The Roman w used to express the jurisdiction exercised Civis, in its full sense, also meant one who by the goveruor at such district courts, had some share in the sovereign power : and also the districts themselves. The the State. The word citizen then, if we practice was for the governor to make a take it in its historical sense, cannot ar circuit through the province and hold his to those who are the subjects of a courts at each Conventus at stated times, monarch, or, in other words, of one who as we see from various passages in Cice- has the complete sovereign jower. It is ro's works and Caesar's Gallic War.' | consistent with ancient usage and mode ra (Cicero Against l'erres, vii. c. 11 ; Caesar, usage, and it is also convenient to assor Gallic War, i. 6, v. 2.) During his the word citizen only to the meman Gallic War Caesar used to go his Circuits republican governments, which terin, a in the winter after the campaign for the here understood, comprehends (Tier year was over. Some towns in the PUBLIC] constitutitional monarchies. The Roman Provinces obtained the privileges term constitutional monarchy is of having magistrates of their own (Jus exact, but its meaning is understood : Italicum), but as the governor (procon- is a form of republican government sul, or praetor) had the supreme authority, the head of which is a king, or per there was probably an appeal to him from with some equivalent title, whose prinet the decision of such magistrates. Pliny and dignity are hereditary. Colinde (iii. 1.3; iv. 22) states that in his time tional monarchies approach near to a Hispania (iterior, which lay between the lute monarchices when the constid: Ebro and the Pyrenees, was divided into gives very little power to the prophes. seven Conventus, or judicial districts, this little power is rendered in fiei t'kin and Hispania Baetica, which was com the contrivance of the prince and his prised between the Ebro and tho Guadi- visers. Constitutional inonarchiis an ana, was divided into four judicial dis an aristocratical character when m. tricts. The Province of Lusitania, which political power is vested in the handi corresponded pretty nearly with modern à minority which is small when Cart Portugal, was divided into four judicial pared with the majority; or they u circuits. Strabo (xii. p. 629) has some approach to a democracy, and differ f remarks on the judicial districts in the lit only in having an elective instead of west part of Asia Minor. The business | hereditary head. Citizenship thereum

a

is here understood as only applying to citizen; for he was not the child of his those States in which the constitution, father, and it was only as the child of a whether written or unwritten, gives to Roman father that he could claim Roman those who are members of such States, or citizenship. to some considerable number of them, The English law gives the citizenship some share of the sovereign power. to all persons who are born anywhere of

The usual form in which citizenship is a British citizen or of one whose father acquired is by birth ; by being born of or father's father was citizen of citizens. In the old Greek states, and Great Britain. The English law also generally in those states of antiquity where gives the citizenship to every person citizenship existed, this was the only born in the British dominions; which mode in which as a general rule it could rule originated in the king claiming be acquired. A person obtained no rights such persons as his subjects who were of citizeuship by the mere eircumstance born within his dominions. [ALLEof being born in a country or living there. GIANCE.] In the earliest periods of Citizenship could only be conferred by a English history, those were properly public act either on an individual or on called subjects who may now properly all the members of other communities. be designated citizens; though citizenDifference of religion was one of the ship in England must be divided into causes of these communities excluding two kinds, as it was in Rome. Some strangers from their political body. The native citizens do not enjoy the suffrage, Roman system was at first a close com nor are they eligible to certain oflices, munity, but the practice of admitting such for instance as a membership of the aliens (peregrini) to the citizenship was House of Conimons. But these are not early introduced. They were even ad-permanent and personal disabilities: they mitted by the old burgers (the Patri- are temporary incapacities arising from cians) in considerable numbers, but not having a certain amount of property, only by a vote of the collective body and therefore the complete citizenship of Patricians. The admission of aliens may be acquired by every man who can to the citizenship, either partial or acquire the requisite property qualificacomplete, became a regular part of the tion. It follows from what has been said Roman polity to which Rome owed the that those who happen to be under extension of her name, her language, and this disability are not full citizens, but her power. It is true that the process of have a capacity to become such. Those admission went on slowly, and for a long who have not the suffrage are in the time the Romans, unwisely, and with situation of subjects to that sovereign danger to their state, resisted the claims of body, of which those who possess the their Italian allies, or subject people, who suffrage form a part. The terms on demanded the Roman citizenship; but which foreigners are admitted to the this claim was finally settled in favour of citizenship are different in different the Italians by the Social or Marsic War countries. A recent act of parliament (B.C. 90), and by the concessions that fol- | (7 & 8 Vict. c. 76) has rendered the aclowed that war.

Sometimes the States of quisition of partial citizenship in Eng. Italy declined admission into the Roman land much easier and less expensive than political body; they preferred their own it was under the former process of a spe. constitution to the rights and duties of cial act of parliament.[NATURALIZARoman citizens.

TION.] The Roman system did not allow a The United States of North America man to claim the citizenship by birth, have had various rules as to the admisunless he was born of such a marriage as sion of aliens to citizenship; but at prethe state recognised to be a legal mar sent they require a period of five years' riage. If a Roman married a woman residence as a preliminary to obtaining the who belonged to a people with whom the citizenship. (Alien.] Some persons in Roman state recognised no interinarriage that country would extend the period of (connubium), the child was not a Roman probation to twenty-one years.

This

nowever would be a very impolitic mea- | is so great, that, under the present circumsure, for if foreigners will throng to a stances of the world, it is not easy to discountry such as the United States, with cover any good reason for Republican the view of settling there, the best thing governments refusing to give the citizenis to make them citizens as soon as they ship to any person who comes to another wish to become such ; and there would be country with the view of settling there. manifest danger to the United States if A difficulty will arise in case of war, the large number of foreigners who set when a man owes a divided allegiance, tle there should be considered as aliens for it is a principle of English law that a for a period which would extend to the man cannot divest himself of his allewhole term of the natural life of many of giance to the king of England; and prothe new settlers. Indeed there seems to bably an American citizen cannot divest be no objection to giving to aliens in re- himself of his allegiance to the United publican governments, as soon as they States. [ALIEN.) And yet the two choose to ask for them, all the rights and countries which maintain this legal princonsequent duties of citizens, if they are ciple, allow the citizens of any other ever to have them. It may be prudent to country to become citizens of their several exclude aliens by birth from some of the communities. The Roman principle high offices in a state, which is done under the Republic was, that as soon in England and in the United States of as a Roman was admitted a citizen o North America. [ALIEN.]

another State, he ceased to be a Roman In ancient Rome, aliens were not al- citizen, because a man could not belong ways admitted to the full rights off to two States at once ; wherein we have Roman citizens; and indeed in the early one among many examples of the precision history of the state, even the Plebeians of Roman political principles. The same formed an order who were without many principle must certainly be adopted some of the privileges which the Patricians en- time into the international law of modern joyed. A person might receive the Roman States. citizenship so far as to enjoy every advan The nations of Europe and the States tage except a vote at the public elections of the two Americas have all a coʻrmon and access to the honours of the state. religion, which however contains a great This however was not citizenship as number of sects. A person of any understood by Aristotle, nor is it citizen- religion in the United States of North ship as understood by the free states of America may become a citizen, and his modern times. The acquisition of com- opinions are no obstacle to his enjoying plete citizenship implies the acquisition any of the honours of the country. But of a share of the sovereign power: the this is not so in England. No man for acquisition of all the rights of a citizen, ex- instance, though an English citizen, can cept the suffrage and access to the honours be a member of the House of Commons of the state, is a limited citizenship; and unless he is, or is willing to profess that it is no more than may be acquired in he is, a Christian. those states where there is no representa CITY (in French Cité, ultimately tive body, and in which a man' by such from the Latin Ciritas). Certain large acquisition gets not citizenship, but the and ancient towns both in England and state gets a subject.

in other countries are called cities, and The great facilities for a man changing they are supposed to rank before other his residence which now exist, and the

On what the distinction is increased motives to such change in a founded is not well ascertained. The desire to better his condition by perma. word seems to be one of common use, or nently settling in another country, lead to at most to be used in the letters and emigration from one country to another, charters of kings as a complimentary or and more particularly from Europe to honorary name, rather than as beAmerica. The advantage which any tokening the possession of any social country receives from the emigration of privileges which may not and in fact do those who possess capital or peculiar arts I not belong to other ancient and incorpo

towns.

« EelmineJätka »