Punch or The London charivari: Punch or The London charivari (5.1843)

PUNCH, OR THE LONDON CHARIVARI.

185 to 195

THE COMIC BLACKSTONE,

carried through the well-known Needles to the Isie of Wight and the
ancient Isle of Isleworth, though locally subjected to three policemen, it-
bound by all the acts of the British Parliament.

sbction the fourth.—of the countries subject to the laws

of england.
everal of our law writers, say, with their usual acute-
ness, " England is not Wales, neither is it Scotland nor
Ireland and, in fact, Spelman adds that " England
is nothing but itselfthough, in our own day, we have
seen that England has been anything but itself, so that
the old learning on this head is quite out of date at
present.

Wales continued a long time independent of Eng-
land ; and Caesar, who seized on almost everything, did
not so soon seize upon that. The people lived, says
Tacitus, in a pastoral state ; having probably no other
food but Welch rabbits, until Edward the First intro-
duced his heir to them as their prince ; and the people having shown the
white feather, it is supposed that it was immediately taken from them and
placed in the prince's hat—"where," says Fortescue, "it has continued

ever since, as a badge of honour on one side, and servitude on the other."
The finishing stroke to Welch independence was given by the statute 27th
Henry VIII., chapter 26, which may be said to have played Old Harry
with their liberties. But while it gave Wales a frightful blow with one
hand, it offered civil liberty with the other ; and Mr. Selden is of opinion
that the expression a " topper for luck " originated with the circumstance
alluded to. The only remnant of independence left to Wales has been
taken away by the 1st of William IV., which puts an end to its indepen-
dent law courts, which were, indeed, independent not of law alone but of
justice. In those courts, law, instead of being paid for, as in England,
through the attorneys, used to be purchased directly of the judge, who,
instead of giving consideration to the facts, used to take a consideration
from the parties, and decide accordingly.

Scotland was an independent kingdom until the time of Anne, when the
Union was carried out, and Scotland was declared to be a part of England;
but as nobody knew whether Berwick-upon-Tweed belonged to one country
or the other, ic is subject to neither or both. " And this,'' says Coke,
" was making a regular Scotch mull of the business."

Ireland was, until lately, a distinct kingdom ; but since it has ceased to
be distinct it has been a good deal confused, which is so far natural.
Henry VIII. assumed the title of king, and afterwards recognised the
title by the 35th of Henry VIII , chapter 3, which is as though a pick-
pocket should steal a handkerchief and then pass a resolution in his own
mind recognising his right to the stolen article.

At the time of the Conquest, the Irish were governed by the Brehon law;
but John, going over with a lot of legal sages, stuffed the Irish people
with the said sage, which did not at all agree with their constitution. At
length Edward the Third hit upon the old trick of abolishing the Brehon
law, by saying that it never was law at all; and hence the expression
* Well 1 never ! did you ever V'—an exclamation that Edward very pro-
bably used when pretending his utter ignorance that such a thing as the
Brehon law had erer existed.

Laws passed in England do not bind Ireland, unless Ireland is named—
and when Ireland is named, it often seems to think itself only bound—to
grumble. The union between Ireland and England was at length effected
in 1809 ; and, like man and wife, the two countries would go on very well
together, but for the interference of certain pretended friends, who take
pleasure in sowing dissension between them. Hibernia is at the present
moment being urged to sue for a divorce, but the Agitator who has been
working her up to ask foi it has lately received a tweak of the nose, which
we are sorry Coke and other sages are not in existence to dilate upon.

Among the islands subjected to England is the Isle o<f Thanet, whose
inhabitants devote themselves to the simple arts of peace, manufacturing
Margate slippers, and polishing the shells of cockles, which they offer for
sale to the strangers who visit their shores. The lesser islands of Dogs,
and the Eel-pies, are also subjected to the laws of England ; but at the
iatter there is a sort of Lord Lieutenant, who keeps a tavern, and exer-
cises a species of absolute monarchy, exacting tribute from the visitor, but
extending hospitality in return for it. The thread of English law is

The Isle of Man is a distinct territory, not subject to our laws ; and,
indeed, if it were under the Queen, says Plowden. in his Coruscationes
CorniccB, it would not be the Isle of Man, but the Isle of Woman. This
Isle of Man continued for eight generations in the family of the Earls of
Derby, until, in 1594, several daughters having been left by the deceased
earl, the young ladies got up such a quarrel about the isle with the tempt-
ing name of Man, that the Queen settled the matter by seizing the island
for her own use, and put a man in possession. At length the island fell
into posseseion of the Athol family, but the title of king had long been
disused, as well it might, for his Maniy Majesty was a most absurd epithet
to apply to any one. The contemptible little sovereignty was eventually
purchased bv George the First; and the expression " I :m the man for
your money," probably originated from the circumstance alluded to.

There are several other islands, including Jersey, Guernsey, Alderney
(famous for its cows), and Sark, remarkable for the ugliness of its name
which are not bound by British acts of Parliament, simply because
nobody thinks it worth while to give them any laws at all, until the last
resort ; when, after letting them go on in their own way till they have
got themselves into a fix, there is an appeal to the Sovereign in Council. We
do not know who is the present King of Sark, nor have we any notion of
the name of the Royal Family of Alderney.

Our colonial possessions are in some cases subject to the English laws,
but many have local legislatures, and it has been determined to give a
representative assembly to New South Wales. This will, to a certain
degree, enfranchise the English prisons, and the suffrage will be enjoyed
by those who have formerly resided there. We have not heard how the
right of voting is to be distributed, but it is probable that Newgate and the
various houses of correction will send the greater number of members to
the Sydney parliament.

Let us now consider England, including part of the sea, which is not
subject to the common law, but to the Courts of Admiralty ; for it is
supposed that the judges of the Common Law Courts, not being nautical
men, would be unable to hold the scales of justice steadily on the high seas,
particularly in the case of a storm or a hurricane. The Admiralty has
jurisdiction on the water, and the common law on dry ground ; and very
dry ground the common law is considered by those students who have to
go over it. The sea begins at low-water marl;, but the space between
that and high-water mark is subject alternately to the jurisdiction of the
common law or the Admiralty, according to whether the tide happens to
be high or low. For example, the coast of Battersea is subject alternate.y
to Dr. Lushington, of the Admiralty, and to Lord Denman, with the other
common law judges. When it is covered with water, the former is
entitled to jurisdiction, but when it is all mud and slush Lord De»mai>