prerogative he is directed not to use, except on par

ticular occasions.

In fine, the governor's authority is now principally a military command. He has the custody of the fortresses; the regular troops are under his immediate control; and so, in a great measure, is the island militia.

In ancient times there was not any lieutenant governor of the king's own appointment, and in the pay of the crown. That office seems to have been created, to supply the now customary non-residence of the governor himself.

On the death or absence of the governor, and lieutenant governor, the court has the power of swearing **in the next superiour military officer, into the office of deputy governor.

Though the post of commander-in-chief in Jersey, is an appointment distinct from that of lieutenant governor, yet from the nature of the present establishment, both those high offices are now vested in the same person, who of late years has constantly been a lieutenant general, and the second in command a major general. The corps of engineers and that of artillery, are under the command of field officers such is at least the war establishment.

CIVIL AND CRIMINAL JURISDICTION.

This compound subject is so very extensive, so intricate, and in some respects so unique, that, in a circumscribed work, it would be impossible to treat it systematically. We must be satisfied with giving a sum. mary account of the Jersey constitution, and a general idea of the laws by which justice is administered.

The Jersey court of judicature consists of the bailiff,* and twelve jurats. The former is appointed by the king, and represents His Majesty, in court: there, as a standing memorial of his independence, his seat is raised above that of the governor. The jurats, who are his assessors, must be protestants of the Church of England. Their office was instituted by King John,+ and they are elected by the people.

* Falle writes it bailly, but in the orders of council it is bailiff,

+ In the constitutions of King John, the third article, speaking of jurats, runs thus : "Ii debent eligi de indigenis insularum, per minis"tros domini regis, et optimates patriæ."

The words indigenis and optimates have given rise to serious controversies. The former expression occasioned, some years since, a tedious appeal to the king in council: the latter has lately been the subject of violent dissentions.

In consequence of a dispute among the jurats, respecting precedence, an order of council was issued, whereby any or all of the four

.

The province of the jurats is not only to decide private controversies, but also to enforce a general obedience to the laws. They are chosen for life, unless dismissed by the sovereign, or discharged by him on petition. The office is honourable, and has not any salary attached to it: a few privileges are indeed annexed; but none that are commensurate with the trouble and patience necessary in their attendance. A cause heard by a few may be brought on again, before a corps de cour, that is before seven: but without the presence of the bailiff, or his lieutenant, there cannot be any proceedings. Neither of these, nor a jurat, can sit in judgment, on any cause in which he may be interested.

The bailiff is the mouth or organ of the court. He presides in all the debates, sums up the opinions,

following seigneurs de fiefs en haubert, if elected jurats, are to take place of all other jurats, and also of each other, without any regard to priority of election. These four are, the seigneurs de St. Ouen, Rosel, Samares, and Trinité; and we have enumerated them in the order in which they precede. This claim of precedence has just been allowed, in the case of the seigneur de St, Ouen.

* All the popular elections are on a Sunday, in the church porch of every parish, after the morning service.

+ In particular instances of absence, or indisposition, of the bailiff or lieutenant bailiff, the States used to choose a judge delegate, from a bong the jurats. The bailiff has very recently nominated a particu❤ lar jurat, to act on such occasions as a deputy lieutenant bailiff,

and pronounces the sentence or decision; yet he has not any deliberative voice himself, unless upon an equal division of opinions among the jurats; in this case he has a casting vote: he is otherwise bound by the majority, and obliged to pronounce accordingly. In several matters he acts with less control. The dignity and prerogatives of his post are very great, and command respect. He is the keeper of the public seal, which, however, he cannot use, without the joint concurrence of three jurats. The duties of his office require a thorough knowledge of the laws, and an almost constant attendance: it is therefore a laborious post.

The court is composed of the bailiff and jurats, who have under them certain ministerial officers, as Le Procureur du Roi,* or attorney general; Le Vi conte, or high sheriff; L'Avocat du Roi, or solicitor general; Le Greffier, or clerk, who has the custody of the rolls and records; six pleaders, or solicitors, at the bar, stiled Avocats du Barreau; two under sheriffs, called Denonciateurs, because they publish the injunctions of the court; and, Le Hussier, or usher, whose office is that of preserving order. To consti`tute a court however, there need be present only the

* In the absence or indisposition of the Procureur du Roi, the duties of his office ale performed, in his name, by the Avocat du Roi,

bailiff and two jurats, the Procureur du Roi, or the Avocat du Roi, the Viconte, or his deputy, or one of the Denonciateurs, and the Greffier. To these official characters may be added, though not a member of the court, L'Enregistreur, or keeper of the register for hereditary contracts.* These conveyances of property are passed upon oath before the chief magistrate and two jurats, and are then delivered to L'Enregistreur, by whom they are entered: to this register every one may have recourse, no secret or unregistered sale of lands, or rents, being valid. Of the preceding employments, the first three are held by patent; the bailiff has the patronage of all the others.

The court, thus composed, is a royal court, having, generally, cognizance of all pleas, suits, and actions, whether real, personal, mixed, or criminal, arising within the island; treason alone excepted. Some other matters are likewise reserved for the king in council, to whom alone this tribunal is immediately subordinate. The courts of Westminster have not any authority in

this island: it was not subject to them, even before the reign of King John. The governor held the pleas, and, in extraordinary cases, resort was had to Normandy, but never to England. In aftertimes,

* The office of Enregistreur was not instituted until A. D. 1602.