confirmation of one of them; and the person so elected and chosen by the house, and confirmed by the chief magistrate, immediately takes the oaths prescribed by law, and his seat, which he has the high prerogative of retaining for life, unless he chooses to resign; in which case he must petition the governor to accept his resignation, which he may accept or refuse at his pleasure; or is expelled by a majority of votes of the members, for some crime or misdemeanor; or unless he accepts any office that entitles him to a seat in the council, or the office of deemster.

F

The meetings of the Keys are as frequent as the governor thinks proper to appoint; and it appears clearly settled, that thirteen members are necessary to render any act in their legislative capacity valid.

The privileges claimed by the Keys are, a right to kill game; and an exemption from certain services which would otherwise have been due to the lord proprietor.

The Twenty-four Keys, in their character of judges, are the ultimum refugium of the common law in the island, by whom all appeals, in questions of title respecting lands, and other matters agitated at the common law court, are determined by a majority of the whole body, but from whom lies the definitive appeal to his Majesty in council.

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The following is the form of the oath which has been administered on the election of a Key dod mat

since the reve and assisting to the

"You

be

deemsters of this isle in all doubtful matters:

his Majesty's council, your fellows, and your own, you shall not reveal; you shall use your best endeavours to maintain the ancient laws and customs of this isle; you shall justly and truly deliver your opinion, and do right in all matters which shall be put unto you, without favour or affection, affinity or consanguinity, love or fear, reward or gain, or for any hope thereof; but in all things you shall deal uprightly and justly, and do wrong to no man. So God you help, and the contents of that

book."

With respect to the council, who are so virtute officii, they are convened at the pleasure of the governor, to assist and advise him in the nature of a privy or executive council; and also in the administration of justice, at his chancery, exchequer, and appellate courts; and usually consist of the lord bishop, the receivergeneral, the two deemsters, the clerk of the rolls, the water-bailiff, and attorney-general, together with the archdeacon, and the two vicars-general. The duty of the council, when not acting in their legislative or judicial capacity, is, in cases of emergency, to act for the public good in a summary way, as in laying an embargo on vessels, prohibiting the exportation of grain or victuals in time of scarcity, &c. &c.

Respecting the persons who compose and have a right to a seat and voice in the council, which, with the governor, forms the second branch of the legislative power in the island, various opinions having been offered, it would be highly presumptuous in the writer to ob

trude any opinion of his own, or indeed any thing farther on the subject, than what is contained in the report of his Majesty's Commissioners of Inquiry, respecting the Isle of Man, in the year 1791.

The deemster (Thomas Moor, Esq.) represents this council to have consisted of the following superior lay and spiritual officers of the lord proprietor, viz. the treasurer, or receivergeneral, the comptroller, clerk of the rolls, water-bailiff, attorney-general, two deemsters, bishop, archdeacon, his official, and the two vicars-general of the bishop.

The clerk of the rolls (John Quayle, Esq.) concurs in the foregoing description of this council, as far as relates to the before-named lay officers, adding thereto the collectors; but considers the bishop, and other ecclesiastical officers, only entitled to attend this council, when summoned by the governor.

The attorney-general (Sir Wadsworth Busk) differs, in some measure, from each of these opinions; for though he considers some spiritual officers to have had a fixed seat in this council, he does not allow that all those enumerated by the deemster were entitled to that privilege. He further confines the right of a seat in this council to such lay-officers as composed the lord's household, and acted in his ministerial departments. He thereby excludes the collectors, and doubts the propriety of ranking the deemsters as members of this council; although he admits, they appear never to

have been absent from the meetings of the legislature*.

The claims of some of the before-named spiritual officers to a seat in this council at the time of the revestment, is moreover supported by instances of the enjoyment of that privilege for a series of years prior to that period. These instances are to be found in the Manks statute-book, which, from the beginning of the sixteenth century, generally records the names of the members of the legislature who signed the laws enacted in the island, either in their passage to the lord proprietor for his assent, or at the promulgation thereof afterwards ; which signatures are undoubted proofs of the exercise of acts of legislation.

Since this question was agitated, the spiritual officers' claim to a seat in the council has been allowed, on the ground, that, as their prior right had not been abrogated, it could not be taken away by implication..

The following are the forms of the oaths which have been administered to the governor and attorney-general since the revestment:

I John Duke of Atholl do swear, that I will truly and uprightly deal between our Sove

* The title of an act of Tynwald is in the following words: "Insula Mona.---At a Tynwald Court, held at Saint John's Chapel, the day of 1811, before his Grace John Duke of Atholl, captain-general and governor in chief, the council, deemsters, and keys.”

reign Lord the King and his subjects with in this isle, and as indifferently between party and party as this staff now standeth, so far as in me lieth; and, when I think it necessary,' will call together the council of this isle, or so many of them as shall be present within the same, and advise with them in any matter that may concern the state and government thereof; and that I will do and perform, as far as in me lieth, these, and all other things appertaining to the government of this isle, and the post and office of Governor-in-Chief and Captain-General, according to the purport and extent of my commission. So God me help, and by the contents of this book."

The Attorney-General's Oath.

"I will faithfully, justly, and truly, without favour or affection, dread or fear, envy or malice, and without respect to love or gain, kindred or friendship, consanguinity or affinity, plead and defend the causes of our Sovereign Lord the King, in all and every thing and things whatsoever, as by law required. I will also, from time to time, when thereunto required by the Governor-in-Chief, or, in his absence, by the Lieutenant-Governor of this isle, plead and defend the cause of all widows, orphans, and fatherless children, and be aiding and assisting, with my best advice and counsel, his Majesty's Governor-in-Chief, or his Lieutenant-Governor of this isle for the