A very curious and interesting phase of self-government is that which is
supplied by the independent legal system established in various small
islands in the United Kingdom. It is amusing to notice these little
communities on rocky islets tenaciously preserving their ancient
privileges, and revelling in the knowledge that they have a code of their
own by no means in harmony with the statute law of the country of which
they are an insignificant part. The tribunals and the legal processes in
the Channel Islands, in the Scilly Islands, in the Isle of Man, and even
in some of the smaller islands round the English coast, differ entirely
from those established in the motherland; and any suggestion of change is
warmly resented. In many cases it has not, of course, been worth while to
insist on reform, inasmuch as the islands are inhabited only by a few
families, who may be left in peace to settle their own differences if any
occur.
There are a great many scattered islets about the sinuous line of Irish
coast, very few of which are ever visited by strangers. The conditions of
life in these isolated places are seldom investigated, and yet we find
there are some remarkable survivals of old customs and relics of ancient
laws. The people are independent, because they feel they are totally
separated from the mainland, and possess neither the means nor the desire
to cross over to it. They are in many respects a race by themselves, and
their attachment to their little homes of rock is such that one of their
severest punishments for offenders is to transport them to Ireland. Such
an island is Raghlin, or Rathlin, six miles distant from the north-west of
Antrim, but might be six hundred miles, judging by the slight intercourse
the handful of inhabitants has with the larger world. Another such island
is Tory, ten miles from the Donegal coast, where up to a few years ago the
dwellers were unacquainted with any other law than that of the Brehon
code. A visitor in 1834 found them choosing their own judge, and yielding
ready obedience to mandates "issued from a throne of turf." In this case,
and in the case of the Cape Clear islanders, it was found that the threat
of banishment to the mainland was severe enough to prevent serious crime.
These feelings probably have been modified in more recent times, yet the
intensity of the attachment of islanders to their native rock is one of
the ineradicable characteristics which account for the sturdy independence
manifested in their laws and customs. Their little homes are miniature
worlds which they prefer to govern themselves in their own way. We may
take the Scillies as a favourable example, where the natives cling to the
system of civil government by twelve principal inhabitants forming a Court
presided over by a military officer. The Court is held every month, and it
has jurisdiction in civil suits and minor causes. The Sheriff for Cornwall
has, or, at all events, had, no jurisdiction in the islands, though
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account