Law officers. Lords of the treasury. g There is also a lord chancellor, an attorney-general, and a solicitor-general for Ireland, whose duties resemble those of the similar appointments in England. The two latter are eligible to sit in the House of Commons, though it rarely happens that both of them can obtain seats therein. One of the lords of the treasury, we have seen, is specially charged with the transaction of Irish business, and is selected from amongst the members of Parliament representing Irish constituencies, or from amongst individuals likely to be able to obtain Ministers a seat for some place in Ireland. These officers-viz. the lord chancellor, the attorney and solicitor-general, and one of the lords of the treasury-together with the lord-lieutenant and the chief secretary, constitute the members of the administration on behalf of Ireland. for Ireland From the Union until Lord Normanby's administration in 1835, the Irish law officers were not invariably changed with the government, and were neither obliged nor expected to enter the House of Commons. Their position was non-political unless they entered Parliament, when they were required to support the government or resign. But since 1835 the system of having an exclusively party official bar has prevailed in Ireland; and the law officers of the crown, including the person known as the law adviser to the Castle, retire with the ministry. The law officers must endeavour to get a seat in Parliament, though their inability to find a constituency does not necessitate their resignation of office.j For his duties, see Hans. D. v. 185, p. 1113, and v. 187, p. 1372. See ante, p. 554. For salaries of all these officers, see Civ. Serv. Est. 1888-9, p. 294. But on vacancy of law adviser in Nov. 1875, it was understood that hereafter the office should be considered as of a permanent character, L. T. v. 60, M'Lennan, Memoir of Thomas Drummond, p. 252 n.; Fras. Mag. v. 75, p. 822; Ed. Rev. v. 126, p. 163; Torrens, Life of Melbourne, v. P. 57. 1, p. 356. J Com. Pap. 1868-9, v. 50, p. 775; ante, p. 292–295. Hans. D. v. 199, pp. 89, 101. OFFICIALS OF THE ROYAL HOUSEHOLD. the household. The only remaining persons who are considered as Officers of forming part of the administration, and who consequently vacate their offices on a change of ministry, are the chief officers of the royal household. They may be enumerated as follows: The lord steward of the household. The lord chamberlain' and the vice-chamberlain. The treasurer of the household. The comptroller of the household. The captain of the corps of gentlemen-at-arms. The captain of the yeomen of the guard. The master of the buckhounds. The chief equerry and clerk marshal. These offices are for the most part usually held by peers or members of the House of Commons; and therefore, as well as from the influence the incumbents thereof would naturally exercise upon the royal mind, from their close proximity to the person of the sove * Dodd's Manual, p. 311. List prefixed to v. 190, Hans. D. In regard to the abolition of sinecure offices in the royal household, Hans. D. v. 207, p. 1624. 1 The Ld. Chamberlain is empowered by statute to regulate theatrical performances in London, and to give or withhold his licence for the acting of plays, Hans. D. v. 214, p. 1611. See ante, vol. 1, p. 423. m It is the duty of the master of the horse to regulate the conditions under which the Queen's Plates,' given by the Crown or voted by Parliament for many years past, with a view to improve the breed of horses in the three kingdoms, shall be run for, Hans. D. v. 176, p. 443; Ib. 193, " The Gladstone ministry affilia- Officers of reign, it is reasonable that they should be held by the house hold. political adherents of the existing ministry. Since 1841, it has also been admitted that the offices of mistress of the robes and of ladies of the bedchamber, when held by ladies connected with the outgoing ministers, should be considered at the disposal of the new cabinet. But ladies of the bedchamber, belonging to families whose political connection has been less pronounced, have been suffered to remain in the household, without objection, on a change of ministry." For particulars concerning the original functions and present duties of these officers of the royal household, see a memorandum in Baron Stockmar's ' Memoirs,' vol. 2, pp. 118-126. Also Murray's 'Handbook,' Dodd's 'Manual of Dignities,' and (as regards the gentlemen-at-arms and the yeomen of the guard) Clode's 'Military Forces of the Crown,' vol. 1, pp. 359–363. As to the office of lord chamberlain, which was originally one of very great importance, see also Sir H. Nicolas' Proceedings of the Privy Council,' vol. 6, pp. 219-228, and Hansard's 'Debates,' vol. 211, p. 103. 853 CHAPTER VI. THE JUDGES IN RELATION TO THE CROWN AND TO THE administration of justice, freely and indifferently, to justice. By the constitution of this kingdom, the sovereign Dispensais regarded as the dispenser of justice; but the exercise tion of of this prerogative is regulated and restrained by law. Thus, the king is debarred from adjudicating upon any matter except through the instrumentality of persons duly appointed to that end." The courts of law, originally created for the purpose of hearing and determining actions and suits, must proceed according as the law directs. And the crown cannot of itself establish any new court, or change the jurisdiction or procedure of an existing court, or alter the number of the judges, the mode of their appointment, or the tenure of their office. For all such purposes the co operation of Parliament is necessary." It is an ancient right of the House of Lords to summon the judges of England, at the beginning of each Parliament, to be present for the purpose of assisting the House with their advice, when required, upon legal questions. Though they continue to receive such summonses, it is now the practice that they do not attend, except at the opening of Parliament, unless they are specially summoned, for a particular purpose. See ante, vol. 1, p. 269. Ib. p. 570. Hearn, Govt. of Eng. p. 74. Judicial indepen dence. Such special summonses have been made, from time to time, up to the year 1880, when, in the case of Angus v. Dalton, the House of Lords summoned seven of the judges, to assist in deciding upon the case. The Irish and Scotch judges do not receive summonses; nevertheless on two or three occasions the Scotch judges have been required to appear and advise the House on Scottish legal questions. It is, moreover, one of the principal duties and functions of Parliament to be observant of the courts of justice, and to take due care that none of them, from the lowest to the highest, shall pursue new courses unknown to the laws and constitution of this kingdom, or to equity, sound legal policy, or substantial justice.'a e Nevertheless, the integrity and independence of the judicial office are amply secured from encroachment either by the crown, the courts, or the legislature. From the reign of Edward III., whatever may have been the tenure under which judges held their office; which is a matter of dispute, any interference on the part of the crown with the due course of justice has been declared to be illegal; it is a principle of law that no action will lie against a judge, either of a superior or of an inferior court for a judicial act, even though it be alleged to have been done maliciously and corruptly ;' and constitutional usage forbids either House of Parliament from entertaining any question which comes within the jurisdiction of a court of law to determine; or from instituting investigations into the conduct of the judiciary, except in extreme cases of gross misconduct or perversion of the law, that may require the L. T. Nov. 27, 1880, p. 58. f Broom, Constitutional Law, pp. 763-772; Thomas, Const. Cases, p. 81. Except for the refusal of a writ of Habeas Corpus, under the Act 31 Car. II. c. 2, sec. 9, or for the refusal of a Bill of Exceptions under Stat. Westminster 2, 13 Edw. 1. c. 31. |