CHAPTER V.

THE NEWLY CREATED PARLIAMENTARY BOARDS.

Board of Trade.*-Naval Department.-Railway Department.-Subordinate Boards. -Office of Woods and Forests and Land Revenues.-Board of Works.-Poor Law Board.-Copyhold Enclosure and Tithes Commission.

I. THE board of trade, which was founded by William III., in 1695, was united to the privy council in 1784, on colonial affairs having been withdrawn from its control. It has actual powers as "The Committee of her Majesty's Privy Council appointed for the consideration of matters relating to trade and foreign plantations." It consists of a chairman, who solely presides over the office, generally having a seat in the cabinet, a vice-president, and seventeen privy councillors, amongst whom, are the premier and lord chancellor. As a committee, the body is without importance.

To the department of the board of trade pertain the decisions respecting treaties of commerce, the protection of the public interests in deliberations upon private bills, and decisions respecting applications for charters in matters relating to industry and the granting of patents. On questions relating to colonial legislation and colonial government the secretaries of the board of trade confer with the colonial minister.

With the board of trade the following special departments are combined:

1. The naval department, which superintends the merchant service and pilotage.

2. The railway department; the board of trade decides respecting difficulties arising between competing railway companies, controls railway tariffs, regulations, and officials.

3. The department of practical science and art, which exercises supervision over all the royal schools of navigation, art, and industry. Under the board of trade are ranged also the following subdepartments :

* Gneist, i. 443.

1. The joint stock registration office.

2. The office for the registry of designs.

3. The coalwhipper's office, for the control and regulation of the transport and unlading of colliers in the port of London. 4. The controller of corn-returns' office.

5. The statistical department (established 1832).

II. At the head of the office of woods and forests and land revenues, since 1810, are placed two commissioners; the first, who generally sits in the cabinet, but discharges his functions under supervision of the treasury, is at the same time “the first ⚫ commissioner of her Majesty's works and buildings," but of the government buildings, only the "Ordnance" and the "Admiralty" are under his superintendence.*

III. The first commissioner of her Majesty's works and public buildings,† has the superintendence of all the palaces and official residences (with the exception of the Ordnance and Admiralty), and the royal parks. He generally sits in the cabinet. The secretaries of state and the minister of trade and commerce act nominally with him as joint commissioners.

IV. The poor-law board, "the superintending and chief department for the local government of the poor," has become, since 1847, a distinct department, with a president at the head, having generally a seat in the cabinet. The first commissioner named by patent from the Queen, "for administering the laws for the relief of the poor in England," (since 1838 in Ireland), is the president and actually directing minister. The following are also poor-law commissioners-the lord president of the council, lord privy seal, chancellor of the exchequer, secretary of the home department, and others, whom the queen may nominate. Their commission is, however, only pro forma. The power of the minister is very extensive; his orders having binding force quite in the style of continental rescripts; he may exercise legislative powers and establish new districts for the administration of the poor. When treating of the poor-laws (vide Book VI). we shall become acquainted with his official authority. The Poor Law Board has been continued from 1860 till 23rd July, 1863.

V. "The Copyhold Enclosure and Tithes Commission" is a department constituted out of two commissions previously existing,

*Gneist, i. 466.

+ Gneist, i. 468.

and comprises a body consisting of three members; the assistant Commissioner and special Secretary are appointed by the home Minister; the commissioners are subject to removal at his discretion. The commutation of tithes is tolerably completed; since 1836 all the tithes have been commuted for a money charge, which may also be compounded for; the rent charge fluctuates according to the price of corn, taking an average of seven years. For the speedier despatch of business "special" commissions are also named. The above-mentioned commission is charged with the enfranchisement of copyhold land, or the conveyance of the freehold of such lands from the lord to the tenant, whereby the copyhold tenure with all its incidents is for ever destroyed. By 15 and 16 Vict. c. 51, the enfranchisement of copyholds is rendered compulsory at the instance either of the tenant or the lord. If the enfranchisement is at the instance of the tenant, the compensation is to be a sum of money, to be paid at the time of the completion of the enfranchisement; when effected at the instance of the lord, an annual rent charge issuing out of the lands enfranchised.

CHAPTER VI.

DIRECT GOVERNMENT BOARDS.

The Admiralty.-Chancellor of the Duchy of Lancaster.-Lord Warden of the Cinque Ports.-Lord Chancellor.-Attorney-general.—Solicitor-general.

I. THE ADMIRALTY. The office of High Admiral has been resolved into the "Commission for executing the office of High Admiral of the kingdom." The respective commissioners are:-The Frst Lord of the Admiralty, having a seat in the cabinet and the entire patronage; and five junior lords, changing with the cabinet. Four of the latter are naval lords, and consequently scientific men, two being usually admirals; the fifth is ordinarily called "the civil lord." These five lords are at the head of special departments; but, in important cases act in concert. Certain of the junior lords generally have a seat in the Lower House; a "chief secretary" of the Admiralty is usually appointed.

II. The office of Chancellor of the Duchy of Lancaster is a sinecure; the chancellor need not be a lawyer, and frequently has a seat in the cabinet. The special control of the Duchy of Lancaster, which is hereditary in the crown, is withdrawn from the scheme of the civil list, as will be explained when treating of the counties.

III. The "Cinque Ports," Dover, Sandwich, Romney, Hastings, and Hyde, were formerly accounted the chief ports of the kingdom; Winchelsea and Rye were subsequently added. They were invested with a special jurisdiction, and possessed as governor, either an admiral or the "Lord Warden of the Cinque Ports." This office is now a mere sinecure, without any salary attached, and is actually filled by Lord Palmerston.

IV. The functions of the Lord Chancellor, the Attorneygeneral, and the Solieitor-general will be explained in Book V.

* Bl. iii. 79.

CHAPTER VII.

THE ARMY.

Only the Militia known to the Law.-The Militia under the Tudors and Stuarts.Decay under the house of Hanover.-Yeomanry during the French Revolution. -New Militia since 15 and 16 Vict. c. 50.-General Obligation to Serve.-Invalids.-Volunteers.-Standing Army.-No Military Punishment by the Common Law. No Army without Consent of Parliament.-First Mutiny Act.-" Articles of War."-Opposition to Standing Armies.-No Exemption from the Ordinary Courts.-Privileges in case of Debt.-Intervention only allowable on Requisition from the Civil Authorities.-Responsibility of Officers and Soldiers.-The Porteous Mob.-Case of the Six Miles Bridge.-The Interests of the Officers assimilate with the Parliamentary Government.-Purchase.-Promotion.-Serjeants.-Commander-in-chief.-No Army Corps, Divisions, or Brigades.-Extent of the English Army.-Native Indian Troops.-Foreign Troops.

THE law of England recognizes no other permanent armed force than the national militia. The king had it in his power to summon his military tenants for the defence of the kingdom. In process of time the personal service was commuted for a pecuniary compensation or aid, thus reducing the amount of military service by tenure very considerably. It was frequently found necessary to resort to commissions of array of all the freemen in every county. The first assize of arms, enacted 27 Henry II., obliged every adult, according to his estate and degree to armed service, and itinerant commisioners were charged with the execution of the royal ordinances. The sheriffs were entrusted with the command of the local troops. The statute of Winton (Winchester), 13 Edward I. c. 6, obliged every man between fifteen and sixty to provide himself with arms, according to the value of his lands and goods. Whoever had forty shillings income from land must possess a sword, a bow, arrows, and a dagger. The constables were empowered to see that the arms were provided, to report defaults to the justices, who were to present such defaults to the king in parliament. The Tudors, by means of stringent provisions, imparted renewed vigour to the militia.* In 1511 the statute of Winchester was re-enacted, and all laymen saving the judges were bound to

* John Forster, Debates on the Grand Remonstrance, p. 84.