By the ancient constitution, the king or his lieutenant, assisted by the deemsters, council, and keys, held cognizance of all pleas, civil and criminal (for the great Tynwald court was originally held only for the promulgating of laws), and, like the Wittenagemote, or general council of the Saxons, formed one supreme court, or Aula Regia, for private justice and public business; and this did not interfere with the ecclesiastical jurisdiction, which had from remote antiquity their own tribunals. But in later periods, as the island increased in population, commerce and wealth; and consequently, when suitors and causes became more numerous, it was necessary to institute the different courts before mentioned.

In all the insular courts, the party is at liberty to plead his own cause; but in matters of importance, the trial is usually conducted by an advocate, who, by the statute of 1777, must first be commissioned by the governor, and take the usual oaths. By this act, if an attorney should become bail in any cause, or carry on any suit by way of champerty, he subjects himself to fine and imprisonment at the discretion of the court, and is rendered incapable of practising in future,

By the act of revestment the courts were left untouched, excepting that the lord's juridical authority being abolished, the court of his Majesty in council became the immediate, as well as the last court of appeal from the jurisdictions within the isle.

When an appeal to his Majesty in council is demanded, the party must petition the gover

nor for that purpose. On this petition, the governor grants an order, requiring the party to enter into a bond, with sureties, in such penal sum as he may think proper, that the appellant shall prosecute the appeal within a limited time; the lodgment of the appeal is considered to be a sufficient proceeding to prevent the recovery of the penalty, and afterwards it behoves the respondent to press the cause to a hearing and ultimate decision.

It having been the practice to allow appeals in causes of small import and value, which might have been proper previous to the revestment, when the appeal could be made with very little expence to the lord proprietor on the spot; it is submitted to the wisdom of the legislature to what extent these trifling appeals ought to be allowed, more especially as, in some instances, they may, in the hands of the wealthy and litigious, be converted into engines of oppression against the poor.

OF THE CHANCERY COURT, AND THE PRIVILEGES OF NATIVES AND STRANGERS, WITH RESPECT TO ARRESTS, &c.

IN this supreme court, the governor*, who represents his Majesty, or, in his absence, the lieutenant-governor, presides as chancellor; and he is assisted by the deemsters, the clerk of the rolls, the attorney-general, and the admiral or water-bailiff; all of whom, since the revesting act of the island in the British crown, hold their respective situations during the pleasure of his Majesty.

This court, in matters of civil property, possesses the greatest judicial consequence of any in the island; and has a mixt and most extensive jurisdiction in matters both of law and equity. Like the English court of chancery, it is the province of this court, to judge and determine without the intervention of a jury, and (with the exception of not imprisoning the persons of the natives, unless they incur a contempt of court) has homogeneous authority and power.

The equity side differs from the courts of law, more in exterior practice than in principle; but, like the English court, it compels the defendant to make a discovery on oath,

* The governor is sworn to execute his office as uprightly as he bears the white staff (which is the mark of his diguity) in his hand, agreeable to the symbolical philosophy of the Druids, that this mark of the magistrate's legal power may be a constant memorial to him of his duty.

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unless such discovery should tend to his crimination; and it modifies the relief prayed, either by bill, injunction, or petition, in such manner as may best answer all the particular exigencies of the parties; but can in no case oppugn the fundamental maxims of the law, perquam durum est sed ita lex scripta est;" and in this, or indeed in any of the insular courts, should a perfectly new point, or res integra, occur, recourse is always had by the respective judges to the best authorities, or expounders of the law of England, on the legal subject before them, as their pole-star and authority.

For the purpose of prosecuting a suit on the law side of this court, a common action is entered at the rolls-office, and process is granted by the governor thereon. Three days before the chancery court (which is usually held the first Thursday in every month in Castle Rushen) the defendant must be charged, or summoned by the coroner or his deputy, to appear at the next court, when the action is called in its regular order by the coroner. Should the defendant neglect to appear, an attachment is moved for against him; and these proceedings are renewed at the second, third, and fourth courts; at the latter of which, the cause is either heard and determined, if matter of debt, and not denied, by the complainant's own oath; or it may be continued to the next court, at the option of the complainant. Should the cause of action be disputed or denied by the defendant, the court may transmit the matter to be tried in the deemster's court, or by a jury at common law; or to such other court, eccle

siastical or civil, as the nature of the case may require. But when a common action is taken. out, (which must be on affidavit of the debt), either against a native who is about to leave the island, or against a stranger for a debt, however small, contracted in the island, the defendant may not only be sent to prison, but his effects may instantly be arrested and taken possession of by the constable, to answer the amount of the damages and costs. After the decree, the effects must be sold by auction, or so much thereof as will satisfy the complainant, after paying one year's rent if due, and such servants wages as may happen to be owing by the defendant.

On the equity side of the court, the proceedings are carried on in a manner similar to the English, viz. by bill and answer, after the compulsory process before-mentioned; when the defendant is obliged to put in his answer by the fourth court, unless he obtains time from the chancellor, or has left the island; in such case, a commission is moved for to take his answer, and time given for the purpose, at the discretion of the court.

After the answer is put in, the parties proceed forthwith to the examination of witnesses, whose testimony is taken in writing before the clerk of the rolls, at such time and place as he may appoint, whereof notice is to be given to the opposite party; or, if the witnesses reside abroad, a commission issues, with the forms prescribed in England; and, on its return, after due publication, copies of the depositions are given to the parties, and the