The Government of England (Vol. I)Lowell, A. Lawrence (Abbott Lawrence)
History
The Government of England (Vol. I)
Lowell, A. Lawrence (Abbott Lawrence)
Great Britain -- Politics and government
A crude outline of the land legislation has been given simply to show
the enormous difficulty of governing a country where the legal
conceptions of rulers and ruled are irreconcilable, and yet that is
precisely the kind of obstacle that arises at every step in the Irish
problem.
FOOTNOTES:
[131:1] He has some powers that have no relation to the law, such as the
appointment to a large number of Crown livings; and in this connection
it may be noted that the offices of Lord Chancellor of Great Britain and
Lord Lieutenant of Ireland are the only ones that cannot be held by
Roman Catholics. The subject is not free from doubt. See Anson, II.,
158, and the debate in 1891, Hans., 3 Ser. CCCXLIX., 1733 _et seq._ On
that occasion the House of Commons refused to remove any disability that
might exist.
[132:1] The list of justices of the peace for each county is in practice
drawn up by the Lord Lieutenant, except in Lancashire, where it is made
by the Chancellor of the Duchy, and that list is almost always adopted
by the Lord Chancellor. No little controversy has, however, arisen of
late over this subject.
[133:1] There are also a Lord Advocate and a Solicitor General for
Scotland, and an Attorney General and a Solicitor General for Ireland.
[133:2] The salary of the Attorney General is £7000; that of the
Solicitor General £6000; and the fees in each case amount to about £1000
more.
[133:3] The Solicitor General for Scotland, and the Attorney and
Solicitor General for Ireland, although political officers who change
with the ministry, are not always in Parliament.
[134:1] See the excellent chapter on prosecution in Maitland's "Justice
and Police."
[134:2] The prosecution is, however, in the name of the King, and the
Attorney General can put a stop to it by _nolle prosequi_ if he
considers it vexatious.
[134:3] In an article in the _Fortnightly Review_ for March, 1873,
entitled, "The Organisation of a Legal Department of Government," Mr.
Bryce showed the need, and sketched the outline, for such a ministry.
[134:4] 42-43 Vic., c. 22; 47-48 Vic., c. 58.
[134:5] Com. Papers, 1886, LIII., 321.
[135:1] _Englische Verwaltungsrecht_, II., 1022-26.
[136:1] Without action by Parliament these extend only to the making of
canons binding on the clergy.
[137:1] All Crown livings with less than £20 of yearly revenue are in
the gift of the Lord Chancellor, Hans., 3 Ser. CLXIX., 1919, and so are
many livings of considerable size. Hans., 3 Ser. CLXX., 131. The
Chancellor of the Duchy of Lancaster nominates to Crown livings
belonging to the Duchy, and the Home Secretary to those in the Channel
Islands and the Isle of Man. Hans., 3 Ser. CCCXLIX., 1745-46.
[137:2] The Judicial Committee of the Privy Council.
[139:1] The provisions of the Test Act still apply to this office, so
that the Lord Lieutenant must necessarily be of a faith different from
that of the large majority of the people he is appointed to rule.
Public-domain text, read in full here on John Shaqi.
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