« EelmineJätka »
tution is peculiar, the rector, the vicar, , be found in Pirl. Paper, No. 631 of the curate in some chapels called pa 1843. (Parl. Paper, 1843, No. 631; rochial, the minister in some newly- Wood's Institutes.) foanded chapel, whether a chapel of ease CLERK OF THE CROWN IN or what is called a proprietary chapel, CHANCERY, is an officer of the crown assistant ministers to aid the vicar or in attendance upon both Houses of Parthe rector in some churches of antient | liament, and upon the great seal. In the foundation, and, finally, a body of persons | House of Lords he makes out and issues called curates, who are engaged by the all writs of summons to peers, writs for incumbents of benefices to assist them in the attendance of the judges, commissions the performance of their duties, but who to summon and prorogue Parliament, and are not dismissable at the caprice of the to pass bills; and be attends at the table incumbent, nor left by law without a of the House to read the titles of bills claim upon a certain portion of the profits whenever the royal assent is given to of the benefice.
them, either by the queen in person or by England is divided into 10,780 dis- commission. He receives and has the tricts, varying in extent, called pa- custody of the returns of the representrishes. Each of these parishes must be ative peers of Scotland, and certifies them regarded as having its church, and one to the House; and makes out and issues person (or in some instances more than writs for the election of representative one) who ministers divine ordinances in peers of Ireland and their writs of sumthat church. This person, whose proper mons. He is the registrar of the Lord designation is persona ecclesiæ, enjoys of High Steward's Court for state trials and common right the tithe of the parish, and for the trial of peers; and he is also rehas usually a house and glebe belonging gistrar of the Coronation Court of Claims. to his benefice. When this, the original In connexion with the House of Comarrangement, is undisturbed, we have a mons, he makes out and issues all writs parish and its rector; and in other cases for the election of members in Great the vicar and perpetual curate. [BENE- Britain (those for Ireland being issued FICE, pp. 341-343.]
by the clerk of the crown in Ireland); CLERGY, BENEFIT OF. (BENE- gives notice thereof to the secretary-atFIT OF CLERGY.]
war, under act 8 Geo. II. c. 30, for the CLERK IN ORDERS. [CLERGY.] removal of troops from the place of elecCLERK OF ASSIZE is an officer tion; receives and retains the custody of attached to each circuit, who accompanies all returns to Parliament for the United the judges at the assizes, and performs all Kingdom ; notifies each return in the the ministerial acts of the court. He ‘London Gazette,' registers it in the books issues şubpænas, orders, writs, and other of his office, and certifies it to the House. processes, draws indictments; takes, dis- By act 6 & 7 Vict. c. 18, he has the cuscharges, and respites recognizances ; files tody of all poll-books taken at elections, informations, affidavits, and other instru- and is required to register them, to give ments, enters every nolle prosequi, records office copies or an inspection of them to all the proceedings of the court, and en- all parties applying, and to prove them ters its judgments. He is associated with before election committees. He attends the judges in the commissions to take all election committees with the returns assizes ; and he is restrained by statute of members ; and when a return is to be 33 Hen. VIII. c. 24, from being counsel amended in consequence of the deterfor any person on his circuit. He is paid mination of an election committee, he by fees which are charged upon the seve attends at the table of the House to ral official acts performed by him, some, amend it. by virtue of established usage, and He is an officer of the lord high chanothers, under various statutes, 55 Geo. cellor, not in his judicial capacity, but as III. c. 56; 7 Geo. IV. c. 64; 7 & 8 Geo. holding the great seal; and in this deIV. c. 28; 11 Geo. IV.; & 1 Wm. IV. c.partment he makes out all patents, com58. The fees payable on each circuit will missions, warrants, appointments or other
instruments that pass the great seal, except
CLERK OF THE PARLIAMENTS patents for inventions and other patents is the chief ministerial officer of the House and charters which are passed in the of Lords. His duties (which are ese Patent Office. He also administers the cuted by the clerk-assistant and addioaths of office to the lord chancellor, the tional clerk-assistant) are to take minutes judges, the serjeants-at-law, and all other of all the proceedings, orders, and judglaw officers, and records the same in the ments of the House ; to sigo all orders books of his office. For these several to endorse bills, to swear witnesses at the duties he receives a salary of 1000l. a bar, to wait upon the queen when she year, under 7 & 8 Vict. c. 77. (Parl. comes to give the royal assent to bills, Report, No. 455, of Session 1844.) and to take her command upon them;
The office of the Clerk of the Crown and to signify the royal assent in all is commonly called the Crown Office ; cases, whether given by the queen in perbut there is also an office in the Court of son or by commission. He is also sens Queen's Bench called the Crown side of occasionally with a master in chancery the Court, of which there is a master and as a messenger from the Lords to the other officers.
Commons in the absence of another CLERK OF THE HOUSE OF master. Besides these and other special COMMONS. The chief officer of that duties, he is charged with the general House is appointed by the crown for life, superintendence of the official establishby letters patent. Upon entering office ment of the House of Lords. He is paid he is sworn before the lord chancellor out of the Lords' Fee Fund, of which “to make true entries, remembrances, no account is ever given. It is underand journals of the things done and passed stood that on the death of Sir G. Rose in the House of Commons ; in which (aged 73) the office will not be filled up duties he is aided by the clerk-assistant (May's Proceedings and Usage of Parliaand second clerk-assistant. These three ment.) officers are more commonly known as CLERK OF THE PEACE is an offi"clerks at the table.” The chief clerk cer attached to every county or division signs all orders of the House, endorses of a county, city, borough, or other place the bills, and reads whatever is required in which quarter-sessions are held ; being to be read in the proceedings of the House. the ministerial officer of the court of He is also responsible for the execution quarter-sessions. He is appointed by of all the official business of the House, the Custos Rotulorum of the county, and which is under his superintendence. In holds his appointment so long as he the patent he is styled “ Under Clerk of shall well demean himself. In case of the Parliaments to attend upon the Com- misbehaviour the justices in sessions, mons;” whence it is inferred that on the on receiving a complaint in writing, separation of the two Houses, the under- may suspend or discharge him, after an clerk of the Parliaments went with the examination and proof thereof openly in Commons, leaving the clerk of the Par- the sessions; in which case the Custos liaments in the Upper House. His salary Rotulorum is required to appoint another is 3500l. a year, that of the clerk-assistant person residing within the county or di25001., and that of the second clerk-assist- | vision. In case of his refusal or neglect ant 1000l. ; but under act 4 & 5 Will. to make this appointment, before the next IV. c. 70, the salaries of the two first general quarter-sessions, the justices in offices will be reduced to 2000l. and sessions may appoint a clerk of the peace. 1500l. respectively, on the first vacancy. (1 Will. III. c. 21, $ 6.) The Custos Ro(Hatsell's Precedents, vol. ii. p. 251; May's tulorum may not sell the office or take Proceedings and Usage of Parliament, p. any bond or assurance to receive any 157 and Index.)
reward, directly or indirectly, for the apCLERK OF THE MARKET. pointment, on pain of both himself and [WEIGHTS AND MEASURES.]
the Clerk of the Peace being disabled CLERK OF THE PARISH. [PA- from holding their respective offices, and RISH CLERK.)
forfeiting double the value of the consi.
deration, to any one who shall sue them. may not be exceeded by the Clerk of the (10. § 8.) To give effect to this pro- Peace, under a penalty of 5l. If he take vision, before the Clerk of the Peace more than is authorised by such table enters upon the execution of his duties he of fees, he will also be liable to be protakes an oath that he has not paid any- ceeded against at common law for extorthing for his nomination.
tion, and to be removed from his office by The Clerk of the Peace may execute the court of quarter-sessions. The sesthe duties of his office either personally, sions cannot, however, compel the payor by a sufficient deputy approved by the ment of these fees by summary process, Custos Rotulorum. He or his deputy nor detain the parties until they be paid, must be constantly in attendance upon but the Clerk of the Peace is left to his the court of quarter-sessions. He gives remedy by action. A bill, however, is notice of its being holden or adjourned; now before parliament, by which Clerks issues its various processes; records its of the Peace are in future to be remuneproceedings; and performs all the minis- rated by salaries, payable out of the fees terial acts required to give effect to its collected. (Dickinson's Quarter-Sessions ; decisions. During the sitting of the Burn's Justice of the Peace ) court, he reads all acts directed to be CLERKS IN ORDINARY OF THE read in sessions; calls the jurors, and PRIVY COUNCIL. [Privy Counparties under recognizance; presents the CIL.] bills to the grand jury and receives them CLERKS AND SERVANTS. [SERagain ; arraigns prisoners, administers VANTS.] oaths, and receives and records verdicts. CLIENT (Cliens), supposed by some Whenever prosecutors decline any other writers to be derived from the verb professional assistance, he is required to clueo ; but the derivation is somewhat draw bills of indictment, for which, in doubtful. From the origin of ancient cases of felony, he can charge 25. only, Rome, there appears to have existed but in cases of misdemeanor he may the relation of patronage (patronatus) charge any reasonable amount for his and clientship (clientela). Romulus, service.
the founder of Rome, was, according to In addition to these general duties he tradition, the founder of this system; but has other special duties imposed upon him it was probably an old Italian institution by different statutes, in regard to the and existed before the foundation of the summoning of juries, the appointment of city. The cliens may perhaps be comsheriffs and under-sheriffs, the enrolment pared with the vassal of the middle ages. of rules of savings' banks and friendly Being a man generally without possessocieties, the custody of documents re- sions of his own, the client in such case quired to be deposited with him under received from some patrician a part of his standing orders of the Houses of Parlia- domains as a precarious and revocable ment, and other matters.
possession. The client was under the By act 22 Geo. II. c. 46, § 14, he is protection of the patrician of whom he restrained, as being an officer of the held his lands, who in respect of such a Court, from acting as a solicitor, at- relation was named patron (patronus), i.e. torney or agent; or suing out any pro- father of the family, as matrona was the cess, at any general or quarter sessions, mother, “ in relation to their children and to be held in the county, &c. in which domestics, and to their dependents, their he shall execute his office.
clients.” (Niebuhr.) It was formerly the The Clerk of the Peace is paid by fees. opinion that every plebeian was also a Those chargeable upon prisoners acquit client to some patrician; but Niebuhr, in ted were abolished by the 55 Geo. III. speaking with reference to the proposition c. 50, for which he is indemnified by the that “ the patrons and clients made up the county. By the 57 Geo. III. c. 9i, the whole Roman people,” affirms that the justices of the peace for the county are proposition is only true “if applied to the authorised to settle a table of fees, to be period before the commonalty (plebs) approved by the Judges of Assize, which was formed, when all the Romans were
comprised in the original tribes by means Bonis Libertorum, Dig. 38, tit. 2) who of the houses they belonged to.” It is most died intestate and left no heir (strus consistent with all the testimony that we heres). Patron and client were not per have, to view the Roman state as origin- mitted to sue at law, or give evidence ally consisting of a number of free citi- against one another; of which an inzens who shared the sovereign power, and tance is mentioned by Plutarch in his of a class of dependents, or persons in a Life of Marius (c. 5), though the relation state of partial freedom (clientes), who of patron and client was not at that time were attached to the several heads of exactly what it once had been. houses and had no share in the sovereign The relation between patron and client power. The commonalty, or Plebs, as was hereditary; and the client had the the writers call that class who from an gentile name of his patron, by which be early period stood in political opposition was united to his patrou's family and to the to the citizens who had the sovereign Gens to which his patron belonged. power (Patres), was of later growth, and Originally patricians only could be was distinct from the Clients. The Ple patrons ; but when, in the later times of beians, whatever may have been their the republic, the plebeians had access to origin, were Roman citizens, from the all the honours of the state, clients also time that they were recognised as an were attached to them. order by the legislation of Servius Tullus; The terms patronus and libertus, or even but they had not all the rights of the patronus and cliens, as used in the later Patricians: they only attained them after years of the republic, and under the ema long struggle. The legislation of Ser- perors, cannot be considered as expressing vius appears also to have placed the the same relation as the terms patroues Clients on something like the same foot- and cliens in the early ages of Rome, ing as the Plebs with respect to civic though this later relation was probably rights,
derived from the earlier one. When a There existed mutual rights and obli- foreigner who came to reside at Rome gations between the patron and his client, selected a patron, which, if not the uniof which Dionysius (Roman Antiq. ii. versal, was the common practice, he did 10) has given a summary. The patron no more than what every foreigner who was bound to take his client under his settled in a strange country often found it paternal protection; to help him in case his interest to do. The relationship ex. of want and difficulty, and even to assist isting at Rome between patron and client him with his property ; to plead for facilitated the formation of similar relahim and defend him in suits. The tions between foreigners and Roman citiclient on his part was bound in obe- zens; the foreigner thus obtained a prodience to his patron, as a child to his tector and perhaps a friend, and the parent; to promote his honour, assist him Roman increased his influence by becomin all affairs; to give his vote for him ing the patron of men of letters and of when he sought any office, for it appears genius. (See Cicero Pro Archia, c. 3, that the Clients had votes in the Comitia and De Oratore, i. 39, on the “Jus AppliCenturiata; to ransom him when he or cationis,' the precise meauing of which, any of his sons was made prisoner ; and however, is doubtful. See also Niebuhr, to contribute to the marriage portion of vol. i. p. 316, &c., and the references in the patron’s danghters, if the patron was the notes ; and Becker, Handbuch des too poor to do it himself. The obliga- Röm. Alterthums, vol. ii.) tion to contribute to a daughter's por As a Roman client was defended in tion and to ransom the patron or his law-suits by his patron, the word client sons bears some resemblance to the aids is used in modern times for a party who due under the feudal system. [Alps.] is represented by a hired counsellor of The patron succeeded to his property solicitor. The term Patron is also now when the client died without heirs ; in use : the present meaning of the word which was also the law of the twelve reqnires no expianation. tables in the case of a freedman (Del COAL TRADE. The quantity of
coals shipped coastwise from ports of, terference of the legislature was founded Great Britain to other ports of Great on an extensive inquiry by the Children's Britain and to Ireland amounted, in the Employment Commission, which preyear 1843, to 7,447,084 tons; and the pared three Reports that were presented quantity exported to the British colonies parliament in 1842. and to foreign countries in the same year It was long considered politic to check was 1,866,211 tons; making an aggregate the exportation of coals to other countries, of 9,313,295 tons of cuals sea-borne from both through fear of exhausting the mines, the maritime districts. The market of and because it was imagined that our suLondon alone required a supply of periority as manufacturers might be en2,663,204 tons, for the conveyance of dangered. A heavy export duty was which 9593 ships (which make repeated accordingly levied, amounting to 17s. the voyages), were employed. The great chaldron, Newcastle measure, or 6s. 5d. towns of Lancashire, of the three Ridings per ton upon large, and 48. 64. the chalof Yorkshire, of Nottinghamshire, Derby: dron, or is. 8d. per ton, upon small coals. shire, Leicestershire, Warwickshire, and in 1831 these duties were modified to Staffordshire, are supplied by canals or 3s. 4d. per ton upon large, and 2s. per by land-carriage from collieries in the ton upon small coals; and in 1835 they respective counties here enumerated. In were repealed, with the exception of an 1816 it was ascertained that the quantity ad valorem duty of 10s. per cent. ; but if of coals then sent by inland navigation exported in foreign ships not entitled to and by land-carriage to different parts of the privileges conferred by treaties of rethe kingdom was 10,808,046 tons; and ciprocity, the duty was 4s. per ton, whethe quantity must now be very much ther the coal was exported to foreign greater, not only from the increase of countries or to British possessions. În population, but the growth of manufac 1842 Sir R. Peel altered the duties to 28. tures. The quantity used in the imme- per ton on all large coal exported to diate neighbourhood of the collieries is foreign countries, and is. per ton on also very great. The town of Sheffield, small coals and culm; but if exported in for example, alone requires for manufac- foreign ships nut entitled to the privileges turing and domestic purposes more than conferred by treaties of reciprocity, the half a million of tons annually draw duty was 4s. per ton on large coal, and from collieries on the spot; and it has the saine on small coals, culm, and cinbeen estimated that the iron-works of ders. In the session of 1845 Sir R. Peel, Great Britain, most of which are situated in bringing forward the budget, anin spots where coal is found, require every nounced his intention of abandoning the year, for smelting the ore and converting coal-duty; and on the 12th of March it the raw material into bars, plates, &c., was abolished. This duty had the effect of nearly seven million of tons. There is checking the foreign coal-trade, which had good reason for believing that the annual been rapidly increasing for several years, consumptiou of coals within the United and had, in fact, trebled in amount since Kingdom is not far short of 35,000,000 1835. The duty was comparatively intons. In 1841 the number of persons in significant as a source of revenue; it led Great Britain employed in coal-mines to greater activity in foreign mines, and was 118,233. In Durham there were more reduced the profits of the shipper of Engpersons en ployed under ground in coal- lish coal, who had to meet foreign commines than in cultivating the surface. petitors. On the 10th of August, 1842, an act was
A considerable revenue was for many passed “ to prohibit the employment of years raised from all coal carried coastwomen and girls in mines and collieries, wise by sea from one part of the kingdom to regulate the employment of boys, and to another. When first imposed, in the to make other provisions relating to per- reign of William 111., this tax was 58. sons working therein.” No boys can be per chaldiror, but was raised during the employed under ground in any colliery war of the French revolution to 9s. 4d., who are under the age of ten. This in at which rate it was continued until 1824;