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United Nations Security Council Resolution 2057

The Security Council,

“Recalling its previous resolutions 1996 (2011) and 2046 (2012),

“Reaffirming its strong commitment to the sovereignty, independence, territorial integrity, and national unity of the Republic of South Sudan,

“Welcoming the establishment of government institutions and the National Legislative Assembly by the Government of the Republic of South Sudan, and further welcoming the enactment of national legislation, including the Political Parties Act,

“Taking note of the Financial Management Act, as well as President Salva Kiir’s legislative programme to combat corruption, and underscoring the need for the Government of the Republic of South Sudan to take further steps to address corruption,

“Deeply committed to seeing South Sudan become an economically prosperous state living side by side with Sudan in peace, security, and stability,

“Underscoring the need for coherent UN activities in the Republic of South Sudan, which requires clarity about roles, responsibilities, and collaboration between UNMISS and the UN country team based on their comparative advantage, and noting the need for cooperation with other relevant actors in the region, including the African Union-United Nations Hybrid Operation in Darfur (UNAMID), the UN Interim Security Force for Abyei (UNISFA) and the United Nations Organization Stabilization Mission in the Democratic Republic of the Congo (MONUSCO),

“Underscoring the need for forging stronger and well-defined partnerships among the United Nations, development agencies, bilateral partners, and other relevant actors, regional and subregional institutions and the international financial institutions, to implement national strategies aimed at effective institution building which are based on national ownership, the achievement of results, and mutual accountability,

“Deploring the persistence of conflict and violence and its effect on civilians, including the killing and displacement of significant numbers of civilians, and noting the importance of sustained cooperation and dialogue with civil society in the context of stabilizing the security situation and ensuring the protection of civilians,

“Recalling the presidential statement of 11 February 2011 that affirmed that national ownership and national responsibility are key to establishing sustainable peace and the primary responsibility of national authorities in identifying their priorities and strategies for post-conflict peacebuilding,

“Stressing the need for a comprehensive, integrated and prioritized approach to peace consolidation that strengthens coherence between political, security, development, human rights, and rule of law activities, and addresses the underlying causes of conflict, and underlining that security and development are closely interlinked and mutually reinforcing and key to attaining sustainable peace,

“Expressing deep concern at the humanitarian situation in South Sudan caused by heightened insecurity along the Sudan/South Sudan border region and the conflict in Sudan’s Southern Kordofan and Blue Nile States, as well as intercommunal violence and widespread food insecurity, and expressing concern at restrictions placed upon the movement of UNMISS in certain areas,

“Recalling previous statements on post-conflict peacebuilding, stressing the importance of institution-building as a critical component of peacebuilding, and emphasizing a more effective and coherent national and international response to enable countries emerging from conflict to deliver core government functions, including managing political disputes peacefully, and making use of existing national capacities in order to ensure national ownership of this process,

“Emphasizing the vital role of the United Nations to support national authorities, in close consultation with international partners, to consolidate the peace and prevent a return to violence and therefore to develop an early strategy in support of national peacebuilding priorities, including establishment of core government functions, provision of basic services, establishment of the rule of law, respect for human rights, management of natural resources, development of the security sector, tackling youth unemployment, and revitalization of the economy,

“Recognizing the importance of supporting peacebuilding efforts in order to lay the foundation for sustainable development, and, in this context, noting with grave concern the potential impact of the austerity budget on such peacebuilding efforts, while also noting the measures taken by the Government of the Republic of South Sudan to balance revenues and expenditures, and underscoring the important role oil revenue could play in the economy of South Sudan,

“Recognizing the need to broaden and deepen the pool of available civilian experts, especially women and experts from developing countries, to help develop national capacity, and encouraging Member States, the United Nations and other partners to strengthen cooperation and coordination to ensure that relevant expertise is mobilized to support the peacebuilding needs of the Government and people of the Republic of South Sudan,

“Recalling its resolutions 1612 (2005), 1882 (2009) and 1998 (2011), and presidential statements of 29 April 2009 (S/PRST/2009/9) and 16 June 2010 (S/PRST/2010/10) on children and armed conflict, and taking note of the reports of the Secretary-General on Children and Armed Conflict in Sudan dated 10 February 2009 (S/2009/84), 29 August 2007 (S/2007/520), and 5 July 2011 (S/2011/413), and the conclusions endorsed by the Security Council Working Group on Children and Armed Conflict in the Sudan (S/AC.51/2009/5),

“Reaffirming its resolutions 1674 (2006) and 1894 (2009) on the protection of civilians in armed conflict, and 1502 (2003) on the protection of humanitarian and United Nations personnel,

“Reaffirming its resolutions 1325 (2000), 1820 (2008), 1888 (2009), 1889 (2009) and 1960 (2010) on women, peace, and security and reiterating the need for the full, equal, and effective participation of women at all stages of peace processes given their vital role in the prevention and resolution of conflict and peacebuilding; reaffirming the key role women can play in re-establishing the fabric of recovering society and stressing the need for their involvement in the development and implementation of post-conflict strategies in order to take into account their perspectives and needs,

“Acknowledging the importance of drawing on best practices, past experience, and lessons learned from other missions, especially by troop- and police-contributing countries, in line with ongoing UN peacekeeping reform initiatives, including the New Horizon Report, Global Field Support Strategy, and the Review of Civilian Capacity,

“Recalling the commitments made by the Government of Sudan and the Government of South Sudan in the 20 June 2011 Agreement between the Government of Sudan and the Sudan People’s Liberation Movement on Temporary Arrangements for the Administration and Security of the Abyei Area, the 29 June 2011 Agreement Between the Government of the Sudan and the Government of Southern Sudan on Border Security and the Joint Political and Security Mechanism, the 30 July 2011 Agreement on the Border Monitoring Support Mission Between the Government of Sudan and the Government of South Sudan, and the 10 February 2012 Memorandum of Understanding on Non-Aggression,

“Condemning the repeated incidents of cross-border violence between Sudan and South Sudan, and recognizing that the prevailing situation of tension and instability in South Sudan’s border area with Sudan and outstanding issues from the Comprehensive Peace Agreement have adversely affected the security situation, while also noting that there has been a recent reduction in the violence in the border region following the adoption of Resolution 2046,

“Determining that the situation faced by South Sudan continues to constitute a threat to international peace and security in the region,

“Acting under Chapter VII of the Charter of the United Nations,

“1.  Decides to extend the mandate of the UN Mission in South Sudan (UNMISS) as set out in paragraph 3 of resolution 1996 (2011) through 15 July 2013;

“2.  Requests the Secretary-General, through his Special Representative, to continue to direct the operations of an integrated UNMISS, coordinate all activities of the United Nations system in the Republic of South Sudan, and support a coherent international approach to a stable peace in the Republic of South Sudan;

“3.  Notes the priority of UNMISS’ mandated tasks in resolution 1996 (2011) for the protection of civilians and for the achievement of an improved security environment, urges UNMISS to deploy its assets accordingly, and underscores the need for UNMISS to focus adequate attention on capacity-building efforts in this area, welcomes the development of a protection of civilians strategy and early warning and early response strategy, encourages UNMISS to implement them, and requests the Secretary-General to include progress made in implementing these strategies in his reports to the Council;

“4.  Calls upon the Government of the Republic of South Sudan to take greater responsibility for the protection of its civilians, and in this respect encourages cooperation with UNMISS;

“5.  Authorizes UNMISS to use all necessary means, within the limits of its capacity and in the areas where its units are deployed, to carry out its protection mandate as set out in resolution 1996 (2011), paragraphs 3 (b) (iv), 3 (b) (v), and 3 (b) (vi);

“6.  Pending the activation of the Joint Border Verification and Monitoring Mechanism (JBVMM) and the Ad Hoc Committee of the Joint Political and Security Mechanism as called for in resolution 2046, requests UNMISS to observe and report on any flow of personnel, arms, and related materiel across the border with Sudan;

“7.  Demands that the Government of the Republic of South Sudan and all relevant parties cooperate fully in the deployment, operations, and monitoring, verification, and reporting functions of UNMISS, in particular by guaranteeing the safety, security and unrestricted freedom of movement of United Nations personnel, as well as of associated personnel throughout the territory of the Republic of South Sudan and in this regard strongly condemns any attack on UNMISS troops and staff and demands that there be no recurrence of such attacks;

“8.  Calls upon all Member States to ensure the free, unhindered and expeditious movement to and from the Republic of South Sudan of all personnel, as well as equipment, provisions, supplies and other goods, including vehicles and spare parts, which are for the exclusive and official use of UNMISS;

“9.  Calls upon all parties to allow, in accordance with relevant provisions of international law, the full, safe and unhindered access of relief personnel to all those in need and delivery of humanitarian assistance, in particular to internally displaced persons and refugees;

“10. Demands that all parties immediately cease all forms of violence and human rights abuses against the civilian population in South Sudan, in particular gender-based violence, including rape and other forms of sexual violence as well as all violations and abuses against children in violation of applicable international law such as their recruitment and use, intentional killing and maiming, abduction and attacks against schools and hospitals and calls for specific and time-bound commitments to combat sexual violence in accordance with resolution 1960;

“11. Welcomes the UNMISS initiative to launch an outreach campaign throughout the country, and encourages the Mission within existing resources to further develop its communication with local communities to improve understanding of the Mission’s mandate;

“12. Welcomes the signing of a new action plan to end child recruitment by the Government of the Republic of South Sudan on 12 March 2012 reaffirming the commitment to release all children from the SPLA, acknowledges the measures taken by the Government of the Republic of South Sudan to implement the new action plan, calls for the further implementation of this action plan, requests UNMISS to advise and assist the Government of the Republic of South Sudan in this regard; further requests the Secretary-General to strengthen child protection in UN system activities in the Republic of South Sudan and ensure continued monitoring and reporting of the situation of children, and welcomes the establishment in September 2011 of the UN country task force on the monitoring and reporting mechanism;

“13. Encourages the Government of the Republic of South Sudan to ratify and implement key international human rights treaties and conventions, including those related to women and children, refugees, and statelessness, and requests UNMISS, with other UN actors, to advise and assist the Government of the Republic of South Sudan in this regard;

“14. Expresses deep concern at the inter-communal violence in Jonglei State, that took place on 18 August 2011 and between 23 December 2011 and 4 February 2012, and the resulting loss of hundreds of lives, incidents of abduction of women and children, and large-scale displacements of civilians, acknowledges the efforts of the Government of the Republic of South Sudan to respond to these incidents and protect its civilians, and in this regard underlines the need to address the recommendations of the All-Jonglei Peace Conference and of the UNMISS human rights report on these attacks, particularly the commencement of the Investigation Committee in an independent and impartial manner;

“15. Calls upon the Government of the Republic of South Sudan to take measures to improve women’s participation in the outstanding issues of the CPA and post-independence arrangements and to enhance the engagement of South Sudanese women in public decision-making at all levels including by promoting women’s leadership, ensuring appropriate representation of women in the revision of South Sudan’s Constitution, supporting women’s organizations, and countering negative societal attitudes about women’s capacity to participate equally;

“16. Calls upon the authorities of the Republic of South Sudan to combat impunity and hold accountable all perpetrators of human rights and international humanitarian law violations, including those committed by illegal armed groups or elements of the Republic of South Sudan Security Forces;

“17. Calls upon the Government of the Republic of South Sudan to end prolonged, arbitrary detention, and establish a safe, secure and humane prison system, drawing on advice and technical assistance from and in cooperation with international partners, and requests UNMISS, with other UN actors, to advise and assist the Government of the Republic of South Sudan in this regard;

“18. Calls upon the Government of the Republic of South Sudan to fully implement the national disarmament, demobilization and reintegration (DDR) strategy, to expedite the ongoing DDR programme in a coherent manner, and requests UNMISS to work closely with the Government of South Sudan and in coordination with all relevant United Nations actors and other international partners in support of the DDR process;

“19. Calls upon UNMISS to coordinate with the Government of the Republic of South Sudan and participate in regional coordination and information mechanisms to improve protection of civilians and support disarmament, demobilization and reintegration efforts in light of the attacks by the Lord’s Resistance Army (LRA) in the Republic of South Sudan and requests the Secretary-General to include in his UNMISS trimesterly reports a summary of cooperation and information sharing between UNMISS, the African Union-United Nations Hybrid Operation in Darfur (UNAMID), the United Nations Organization Stabilization Mission in the Democratic Republic of Congo (MONUSCO), and regional and international partners in addressing the LRA threats;

“20. Authorizes the Secretary-General to take the necessary steps in order to ensure inter-mission cooperation, and authorizes, within the overall troop ceiling set out at paragraph 1 of resolution 1996 (2011), appropriate transfers of troops force enablers and multipliers from other missions, subject to the agreement of the troop-contributing countries and without prejudice to the performance of the mandates of these United Nations missions;

“21. Underlines the importance of implementing the UNMISS mandate’s peacebuilding tasks, and reiterates its request that UNMISS report back to the Council on a plan for UN system support in this regard and update the Council through the Secretary-General’s regular reports on progress of UN system support to specific peacebuilding tasks, especially security sector reform, police institutional development, rule of law and justice sector support, human rights capacity-building, early recovery, formulation of national policies related to key issues of state building and development, and establishing the conditions for development, consistent with national priorities and with a view to contributing to the development of a common framework for monitoring progress in these areas; and stresses the benefits of close and full cooperation between the mission and the GRSS, UNCT and donor community in order to avoid duplication of effort;

“22. Requests the Secretary-General to continue to report to the Council on the expected timeline of the deployment of all mission elements, including the status of consultations with Troop and Police-Contributing Countries and of the deployment of key enablers, and, stressing the importance of timely recruitment of appropriate specialists to fill vacancies in the civilian component, further requests the Secretary-General to report to the Council on the expected timeline of the fulfilment of civilian staffing;

“23. Notes the benchmarks outlined by the Secretary-General in his report (S/2012/486) following consultations with the Government of the Republic of South Sudan, and requests that he keep the Council regularly informed of progress during his periodic reports;

“24. Notes with concern the critical need for military helicopters for UNMISS, calls on Member States to redouble their efforts to provide aviation units to the mission, and requests the Secretary-General to include information on force generation efforts in his regular reports;

“25. Stresses the need for the United Nations, international financial institutions, and bilateral and multilateral partners, to work closely with the Government of the Republic of South Sudan to ensure that international assistance is consistent with national priorities, including the South Sudan Development Plan, and can deliver prioritized support that reflects the specific peacebuilding needs and priorities of the Republic of South Sudan; underscores the benefits of close and full cooperation between the parties in order to avoid duplication of effort and to ensure that those that hold a comparative advantage are tasked according to that advantage; and requests the Secretary-General’s Special Representative to continue to represent the UN system in relevant international assistance mechanisms and processes;

“26. Encourages the Secretary-General to explore ideas from the independent report of the Senior Advisory Group on Civilian Capacity in the Aftermath of Conflict that could be implemented in the Republic of South Sudan;

“27. Requests the Secretary-General, in particular, to utilize to the greatest extent possible opportunities for co-location of appropriate mission components with the Republic of South Sudan counterparts in the interest of building national capacity; and to seek opportunities to deliver early peace dividends by utilizing local procurement and otherwise enhancing, to the extent possible, UNMISS’s contribution to the economy;

“28. Requests the Secretary-General to continue the necessary measures to ensure full compliance by UNMISS with the United Nations zero tolerance policy on sexual exploitation and abuse and to keep the Council fully informed, and urges troop-contributing countries to take appropriate preventive action including predeployment awareness training, and other action to ensure full accountability in cases of such conduct involving their personnel;

“29. Reaffirms the importance of appropriate gender expertise and training in missions mandated by the Security Council in accordance with resolutions 1325 (2000) and 1820 (2008), recalls the need to address violence against women and girls as a tool of warfare, looks forward to the appointment of women protection advisers in accordance with resolutions 1888 (2009), 1889 (2009) and 1960 (2010), requests the Secretary-General to establish monitoring, analysis and reporting arrangements on conflict-related sexual violence, including rape in situations of armed conflict and post-conflict and other situations relevant to the implementation of resolution 1888 (2009), as appropriate, and encourages UNMISS as well as the Government of the Republic of South Sudan to actively address these issues;

“30. Requests the Secretary-General to consider HIV-related needs of people living with, affected by and vulnerable to HIV, including women and girls, when fulfilling mandated tasks, and in this context, encourages the incorporation, as appropriate, of HIV prevention, treatment, care and support, including voluntary and confidential counselling and testing programmes in the mission;

“31. Welcomes the conclusion of the Status of Forces Agreement with the Government of the Republic of South Sudan, and calls upon the host Government to comply with its obligations in this regard;

“32. Decides to remain actively seized of the matter.”


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Author:Herbert Adams Gibbons

Works

 * The New Map of Europe (1914)
 * Paris Reborn (1915)
 * The Blackest Page of Modern History (1916)
 * The Foundation of the Ottoman Empire: A History of the Osmanlis Up to the Death of Bayezid I (1300-1403), 1916.
 * "The Confusing City of Cagnes," in Harper's Magazine, August 1917.
 * The Little Children of the Luxembourg (1916)
 * The New Map of Africa (1916)
 * The Reconstruction of Poland and the Near East (1917)
 * The New Map of Asia (1919)
 * Riviera Towns (1920)
 * "Marseilles, the Bridgehead of the Levant," in Harper's New Monthly Magazine, Vol. 141 (1920), illustrated by William James Aylward
 * Europe Since 1918 (1923)

license: Creative Commons - Attribution Share-Alike - https://creativecommons.org/licenses/by-sa/4.0/

title: Author:Herbert Adams Gibbons


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 The last semblance of local independence disappears; the pleas of each county are dissevered from other pleas of the same county, the bond of union being now the authority of the Court exercised over all the counties, and not any geographical position or local organization.

This Court sitting at Westminster, at least as early as the reign of Richard I, describes itself, again and again, as 'the Bench', speaks of appearance duly made 'in the Bench', and gives adjournments into 'the Bench'. You thus see 'the Bench' established as a permanent Court, and you see why it was not called 'the Common Bench' or 'Court of Common Pleas'—the simple reason being that its jurisdiction had not yet been quite precisely defined, and that there was as yet no other Bench over which Judges delegated by the King presided.

You have, perhaps, been thinking, for some minutes, that I have forgotten King John's Great Charter. I have so far left out of consideration the old doctrine that the Court of Common Pleas came into existence because in that famous charter there was a provision that common pleas should not follow the Court of the Sovereign, but be held in some fixed place. It would, however, be truer to say that the jurisdiction of that division of the Principalis Curia Regis which was the Court coram Domino Rege, and was afterwards known as the King's Bench, was restricted in consequence of the charter, while the original Bench retained all its old jurisdiction, except in a few crown cases.

When the King travelled through his realm, as he often did, his Court was with him, and there was then no necessity to delegate his powers by any commission. Wherever he might be, a Court was held nominally, and in the earliest times really, before himself. For many centuries after King John's time proceedings to be had in the King's Bench were invariably described as to be had 'before the Lord the King, wheresoever


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 he may be in England'; and the Court of King's Bench always continued to be 'the Court before the King himself' even when the Sovereign had ceased to sit in it, and had permanently delegated his authority there, as in other Courts, to Justices.

In the reign of King John, before his great Charter, this movable and moving Court before the King himself not only heard causes (including common pleas) brought into it directly, but also causes commenced in the Bench but belonging to the county in which the King with his Court might happen to be. If not there concluded, a cause might be remitted back to the Bench, or left to wait the coming of the Justices in Eyre.

There are abundant materials in the Record Office, beginning in the reign of Richard I, for the proof and illustration of all these matters in detail. The records themselves which have fortunately been preserved are of inestimable value for those who know how to use them, teaching us how the Courts of King's Bench and Common Pleas acquired their respective jurisdictions, and the relations which each bore to the other, and the Eyre to both.

The growth of another jurisdiction, often confused with that of the Eyre, is also illustrated by the records. I mean that of the Justices of Assise.

The word Assisa had several meanings, only two of which I need at present mention. One was that of a particular kind of action invented in the reign of Henry II, the other that of the sitting or the time of sitting of a Court. The Assise Rolls originally


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 obtained their name because they contained proceedings in actions of Assise before Justices of Assise, who were so called not because they held sittings at specified times on circuit, but because they were appointed, or assigned, to hear causes known as Assises, among which were those of Novel Disseisin, Mort d' Ancestor, and others. Their limited jurisdiction is mentioned in John's Great Charter, but was gradually extended. They, after a time, took the verdicts of juries at Nisi Prius in causes commenced in the Superior Courts, though judgement, except in certain specified cases, could be given only in the Superior Courts themselves; and by virtue of the Commissions of Oyer and Terminer, and Gaol Delivery, originally given to distinct Commissioners, they acquired a great portion of the power in criminal matters once enjoyed by the Justices in Eyre. The times of their sittings also obtained exclusively the name of Assises. Historically, however, the commencement of their authority is quite different from that of the Eyre. Until the Eyres died out, the Courts of the Justices of Assise were, in relation to the Common Bench, its handmaidens, while the Court of the Eyre was its superior.

The Commissions and Patents to the various Justices may, perhaps, have passed under the Great Seal even at periods before we have any record of the fact. The Chancellor who had the Seal in his keeping had an office for the transaction of business (the Chancery), which becomes rich in records very soon after the time when those records of other Courts which I have just described first make their appearance. Out of this office issued the writs (technically known as Original


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American Embassy's Note Verbale No.187

駐韓米国大使館の書簡No.187

title: American Embassy's Note Verbale No.187


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Author:Henry Albert Hinkson

Works

 * Student Life in Trinity College, Dublin (1892)
 * Dublin Verses by Members of Trinity College (ed.) (1895)
 * O'Grady of Trinity (1896)
 * Up for the Green (1898)
 * The King's Deputy (1900)
 * The Point of Honour (1902)
 * Copyright Law (1903)

title: Author:Henry Albert Hinkson


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 Writs) which were the foundation of actions in the Courts of King's Bench and Common Pleas, as well as the King's Letters Patent, and Letters or Writs Close. In the reign of King John, enrolments were made in this office of those Letters and of Royal Charters, and somewhat later of treaties with various Powers, which have come down to the present day.

In the Chancery, too, were heard and determined certain matters not sent to the other Courts for trial in the ordinary way. These were not, in the earliest times, decided by the Chancellor alone but with the assistance of some members of the Council, usually including the Justices of the King's Bench and the Common Bench. Out of this procedure was gradually developed the jurisdiction of the Court of Chancery as a Court of Equity, and the growth may be traced by a careful study of the records which have been handed down to us.

As soon as the Great King's Court in one sense of the term—that of the Common Council of the Realm—began to take the name of Parliament, an office of that Parliament, for the custody of its records, was the Chancery; and in this way Parliament Rolls and Statute Rolls have come into the Public Record Office.

The word Parliament had not at first the precise meaning which is now attached to it. It was often used to express an assembly in which the Commons had no part, and was often synonymous with the House of Lords. For a great number of purposes, the King sat 'in his Council in his Parliament', as the phrase ran from the time of Edward I to that of Edward III. The meaning was that he sat with the Chancellor, Treasurer, Justices of the two Benches, Barons of the Exchequer, and other experts, in the House of Lords. This really was the Great King's Court, or Common Council of the Realm preparing itself for a vital change; for,


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 although the two sit together when Parliament is sitting, we see that the Council is now distinguished from the Parliament.

The definite separation of the Council from Parliament, which occurred in the reign of Richard II, was a great event in the history of the constitution, and left a corresponding mark upon the Public Records. In earlier times the proceedings of the Council, when it was not the Council in Parliament (that is to say, if it sat when Parliament was not sitting), found their way, if of a public nature, to the rolls of the Chancery, or of the King's Bench, or both. When the Council sat independently, and had a separate existence even during a Session of Parliament, its proceedings were recorded in separate Registers.

The earliest extant proceedings of this separate Council, which, in some unexplained manner, fell into private hands, were collected by Sir Robert Cotton and others, and so found their way to the British Museum, and not to the Privy Council Office, the State Paper Office, or the Public Record Office.

The proceedings of later date—from the latter part of the reign of Henry VIII downwards—are, or were, for the most part, at the Privy Council Office, and are technically Public Records under the charge and superintendence of the Master of the Rolls.

The Council was at one time very closely associated with the Court of Star Chamber, which comes into prominence in the reign of Henry VII; and its general powers were somewhat curtailed in the reign of Charles I, by the Act by which the Court of Star Chamber was abolished. Its legal jurisdiction was, however, destined to be of a very far-reaching character in later times, as it became the highest Court of Appeal for Colonial, as well as some other matters, while Parliament—or the


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22 House of Lords—became the highest Court of Appeal for the rest.

The Channel Islands, which formed a part of the original possessions of the Conqueror, were unaffected by the growth of the English Courts of Justice, and the English Parliament. There was an appeal from their own Courts to the King of England, who had originally been Duke of Normandy; and the tribunal for hearing the Appeals was eventually the King in Council, which still directly represented the Norman Duke and his Court or Council in one of its aspects. The Channel Islands being the King's possessions beyond the sea, the analogy was applied to the King's possessions beyond the sea acquired at a later time; and an appeal lies, in the last resort, from the Courts of all the Colonies, and of India, to the Sovereign in Council. Thus we see how the Imperial Idea, of which so much has been heard of late, has been made to fit in with the traditions handed down from the time of William the Conqueror.

This jurisdiction has long been entrusted to a Committee known as the Judicial Committee of the Privy Council. Council, which, after hearing the causes, makes a report to the Sovereign in Council, upon which report judgement is given.

The principle of appointing Committees of the Council which is, in fact if not in name, as old as the Courts of Common Pleas, and King's Bench, has developed, and is still developing in various other directions.

One of the best known Committees of the Council is the Committee appointed for the consideration of matters relating to Trade and Foreign Plantations, which has, since the year 1861, been known simply as the Board of Trade. The germ of this Committee can be traced back as far as the reign of Edward III, when power was given to the Chancellor and Treasurer, with others of the King's Council, to prolong the term limited by an Act of Parliament for the exportation of wool.

The use of the word Committee is of much more


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Rh recent growth, and although members of the Privy Council appear from the time of Charles II to have been nominated to serve on all Boards of Trade, whether known as Councils or as Commissions, it was not until the reign of George III that a Committee strictly limited to members of the Privy Council became the authority for dealing with matters of trade.

Now this offshoot of the Privy Council is a descendant of the Conqueror's Council or Court no less than His Majesty is a descendant of the Conqueror himself. Yet, if we look at the functions which are or have been exercised by the Board of Trade, we shall see from a new point of view the development of the national genius, and the adaptation of the Constitution to the new condition of things. This Committee has had entrusted to it various powers in relation to our mercantile marine, the extent of which could not have been even imagined at the time of the Conquest—in relation to Railways, which have effected what the Conqueror's advisers would have thought beyond even the powers of witchcraft—and, together with the Post Office, in relation to Electric Telegraphs, which have gone even beyond Shakespeare's promise of Puck to put a girdle round about the earth in forty minutes. In relation to all these and innumerable other matters, over which the Board of Trade has jurisdiction—such as Patents for Inventions, Bankruptcy, Harbours and Lighthouses, Gas Supply, Water Supply, and Electric Lighting—there are constantly growing up records of some kind or other, books or papers, which will tell of what has been done, and all of which are under the charge and superintendence of the Master of the Rolls.

Another offshoot of the Privy Council was the Committee on Education, which has, however, been remodelled by the Board of Education Act, 1899. This gives the Board an independent existence, but it is still necessary that the President of the Council should be a member. In this as in other directions the Council


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24 developed with the growth of the ages, and records have been quietly accumulating to show posterity how education expanded in the nineteenth century and afterwards, and how it was supervised by an authority born of the old King's Council.

Yet another important department which, to some extent, owed its existence to the Privy Council, though separate from it, was the Board of Agriculture, which absorbed the Land Commission, and the earlier Copyhold Enclosure, and Tithe Commissions. The President of this Board had to be a member of the Privy Council, but in all other respects the department had, by Act of Parliament, a separate existence. In the year 1903 it became, in virtue of another Act, the Board of Agriculture and Fisheries, and various powers and duties relating to Fisheries which formerly belonged to the Board of Trade were transferred to it. Some of the functions of this Board remind us of the compilation of the Domesday Book, which was prepared by direction of the Conqueror and his Council. It has to collect statistics relating to agriculture and forestry, and this is precisely what was done in the year 1085. It now has charge also of the Ordnance Survey, by which some of the Conqueror's ends are attained through modern and more precise methods.

I shall now have to take you back to the Chancellor as he existed at the time of the Conquest, and show how other branches of the executive, with their corresponding records, grew out of the functions originally belonging to him. At first he seems to have had documents prepared, and, where necessary, to have had the Great Seal attached, without much intermediate formality. In the earliest Patent Rolls which are now extant—those of the reign of King John—we find at the foot of each instrument the words Teste me ipso, 'witness myself' (i.e. the King himself). Later on,


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Rh however, we find added the nature of the warrant for the preparation of the document—for instance 'by the King himself,' 'by the King himself and the Council', 'by Writ of Privy Seal', as well as other forms.

The Privy Seal was used as an authority for passing documents under the Great Seal as early as the reign of Henry III. This marks a change in the position of the Chancellor, who previously acted as a Secretary, taking his instructions directly from the Sovereign. There then came to be a keeper of the Privy Seal, through whose hands documents which were warranted by the Privy Seal had to pass before reaching the Chancellor.

The Privy Seal was, perhaps, as its name imports, originally the King's private seal, kept in his own possession; but, when it was handed over to an official, it was succeeded by the Privy Signet as the private seal of the Sovereign himself. We know that Richard II wore on his finger the 'gold ring of the Signet of the Patents', and that, when he resigned his crown, he placed this ring on the finger of his successor Henry IV. We know also that in the time of this Henry's grandson (Henry VI), the King sent his signed bill to his secretary to prepare letters to be directed under the Signet to the Keeper of the Privy Seal, and thence under the Privy Seal to the Chancellor.

I do not intend to trouble you with the growth of all the intricacies of passing a grant under the Great Seal, which have in recent times been much simplified. My object, at present, is to introduce you to the King's Secretary. He was in existence as early as the reign of Henry III, and then, no doubt, performed some of the secretarial duties in earlier times undertaken by the Chancellor.

From the time of Henry III downwards the King's Secretary was always a person of some dignity. He was occasionally sent on foreign missions even before he had the custody of the Signet. He had as Chief Secretary a definite place assigned to him in the House


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26 of Lords, by an Act of the reign of Henry VIII. By the end of the reign of Elizabeth, if not before, he had become Her Majesty's ' Principal Secretary of State'.

And now I have brought you to a new kind of machinery, but one developed, like all the rest, out of the old models. It has shown itself capable of infinite expansion, and has brought and is bringing into being an enormous number of Public Records, some of which are of the highest interest. The Secretary of State receives and sends out all the official correspondence of the United Kingdom and its dependencies in relation to Home, Colonial, and Foreign Affairs. I say The Secretary of State because, however many Secretaries of State there may be, they collectively exercise the functions of His Majesty's Principal Secretary of State. The number of Secretaries of State has varied at various times, and particular departments have been assigned to particular Secretaries, but any Principal Secretary of State is capable of exercising any of the duties of a Secretary of State, unless specially restricted by Act of Parliament.

As early as the year 1578 there was a repository for papers concerning matters of 'State and Council' in which all papers of the Secretary of State, when not actually in use, should have been deposited. When this State Paper Office was united with the Public Record Office, it did in fact contain a valuable collection of papers relating to Home, Foreign, and Colonial affairs, though unfortunately some of the earlier Secretaries of State omitted to distinguish between correspondence which belonged to the Crown and correspondence which belonged to themselves. Various documents of importance have consequently been acquired by the British Museum from private hands, and others still remain in the collections of the modern representatives of ancient holders of office.

The more recent documents continue to grow up in


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Rh the offices of the Principal Secretaries, whence they are transferred from time to time to the Public Record Office.

It would exceed the limits of a lecture to trace the various changes and developments of the office of Secretary of State since it was first known by that name, but the chief outlines are indicated in the table before you. There are at present five Principal Secretaries of State, one for the Home Department, one for and Indian. Foreign Affairs, one for War, one for the Colonies, and one for India.

The Records of the old East India Company were, however, delivered 'into the care and custody of the Secretary of State in Council'—the 'Council' being the Council of India appointed in accordance with the Act by which the Company's possessions were transferred to the Crown. The Indian Records are thus not on the same footing as those belonging to other Departments of the Secretary of State, and with regard to them the Master of the Rolls has not exercised any jurisdiction.

He has, however, the charge and superintendence of the documents of the Home Office, and its various subordinate departments, abounding with all kinds of information relating to internal affairs; of the documents of the Foreign Office, including most precious correspondence and treaties; of the documents of the Colonial Office, which are of course essential to the history of our Colonies, and of the documents of the War Office.

The documents of the Secretary of State for War illustrate the history of our military organization and of the particular regiments whose muster rolls they include. Among them are the records of the old


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 Ordnance Department, which itself had a long and interesting history.

With the idea of our Army is naturally associated that of our Navy. A most important jurisdiction was Admiral, that of the Lord High Admiral. Though you may not improbably have seen it stated in some publications that King Alfred was Lord High Admiral, the earliest known mention of any English Admiral at all occurs in the reign of Edward I. There are certainly no records of any Pre-Norman Admiralty; and though there are ordinances reduced to writing at a later date which mention admirals of the reign of Henry I, it would seem that the writers were introducing their own terms, and not using those which were known in Henry's time.

Of course there were ships at an earlier period, and even, upon occasion, fleets, and there were sea-laws like those of Oléron; but there was not any clearly defined naval organization, nor any High Court of Admiralty, and not any administrative Department of the Admiralty. Before the reign of Edward III, when any admiral appears upon the scene at all, he is usually an Admiral of the North, an Admiral of the South, or an Admiral of the West. It was probably not before the year 1360 that there was an admiral in command of all three fleets; and there was certainly no permanent office of Lord High Admiral before that time.

As soon, however, as we find an Admiral-in-chief, we find that he is responsible to the King and Council. This is, of course, what we might have expected from our knowledge of the working of the constitution in Council, other ways.


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Rh for the Republic's sake, could ever come to like him, in view of this most compromising incident. Yet was it no fault of Cæsar's, for he was bound to show the letter, and that on risk of his life. And I ween Servilia bare him no special ill-will for this; for in fact and deed they ceased not to carry on still their loving intercourse, whereof sprang Brutus, whose father Cæsar was commonly reputed to have been. If so, he did but ill requite his parent for having given him being.

True it is, ladies in giving of themselves to great men, do run many risks; and if they do win of the same favours, and high privileges and much wealth, yet do they buy all these at a great price.

I have heard tell of a very fair lady, honourable and of a good house, though not of so great an one as a certain great Lord, who was deep in love with her. One day having found the lady in her chamber alone with her women, and seated on her bed, after some converse betwixt them and sundry conceits concerning love, the Lord did proceed to kiss the lady and did by gentle constraint lay her down upon the bed. Anon coming to the main issue, and she enduring that same with quiet, civil firmness, she did say thus to him: "'Tis a strange thing how you great Lords cannot refrain you from using your authority and privileges upon us your inferiors. At the least, if only silence were as common with you as is freedom of speech, you would be but too desirable and excusable. I do beg you therefore, Sir! to hold secret what you do, and keep mine honour safe."

Such be the words customarily employed by ladies of inferior station to their superiors. "Oh! my Lord," they cry, "think at any rate of mine honour." Others say,


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Rh "Ah! my dear Lord, an if you speak of this, I am undone; in Heaven's name safeguard mine honour." Others again, "Why! my good Lord! if only you do say never a word and mine honour be safe, I see no great objection," as if wishing to imply thereby a man may do what he please, an if it be in secret. So other folk know naught about it, they deem themselves in no wise dishonoured.

Ladies of higher rank and more proud station do say to their gallants, if inferior to themselves: "Be you exceeding careful not to breathe one word of the thing, no matter how small. Else it is a question of your life; I will have you thrown in a sack into the water, or assassinated, or hamstrung;" such and suchlike language do they hold. In fact there is never a lady, of what rank soever she be, that will endure to be evil spoke of or her good name discussed however slightly in the Palace or in men's mouths. Yet are there some others which be so ill-advised, or desperate, or entirely carried away of love, as that without men bringing any charge against them, they do traduce their own selves. Of such sort was, no long while agone, a very fair and honourable lady, of a good house, with the which a great Lord did fall deep in love, and presently enjoying her favours, did give her a very handsome and precious bracelet. This she was so ill-advised as to wear commonly on her naked arm above the elbow. But one day her husband, being to bed with her, did chance to discover the same; and examining it, found matter enough therein to cause him to rid him of her by a violent death. A very foolish and ill-advised woman truly!

I knew at another time a very great and sovereign Prince who after keeping true to a mistress, one of the


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Rh fairest ladies of the Court, by the space of three years, at the end of that time was obliged to go forth on an expedition for to carry out some conquest. Before starting, he did of a sudden fall deep in love with a very fair and honourable Princess, if ever there was one. Then for to show her he had altogether quitted his former mistress for her sake, and wishing to honour and serve her in every way, without giving a second thought to the memory of his old love, he did give her before leaving all the favours, jewels, rings, portraits, bracelets and other such pretty things which his former mistress had given him. Some of these being seen and noted of her, she came nigh dying of vexation and despite; yet did she not refrain from divulging the matter; for if only she could bring ill repute on her rival, she was ready to suffer the same scandal herself. I do believe, had not the said Princess died some while after, that the Prince, on his coming back from abroad, would surely have married her.

I knew yet another Prince, though not so great an one, which during his first wife's lifetime and during his widowhood, did come to love a very fair and honourable damsel of the great world, to whom he did make, in their courting and love time, most beautiful presents, neck-chains, rings, jewels and many other fine ornaments, and amongst others a very fine and richly framed mirror wherein was set his own portrait. Well! presently this same Prince came to wed a very fair and honourable Princess of the great world, who did make him lose all taste for his first mistress, albeit neither fell aught below the other for beauty. The Princess did then so work upon and strongly urge the Prince her husband, as that he did anon send to


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 The obscurity in which our early naval history is involved is due probably to the fact that, before the invention of gunpowder, but little attention was paid to the building of ships for war purposes. The fighting forces were commonly put on board merchant ships, from which arrows could be shot almost as well as from any ships specially constructed. This—the chief—origin of our Navy left its mark even down to the nineteenth century. The 'Master' was long responsible for the navigation of a ship of war, just as for a merchant ship, though the Captain was in supreme command; and the Master's Journal and Log-Book were considered of very high authority.

Out of the use of merchant ships for war as well as other purposes appears to have grown the jurisdiction of the High Court of Admiralty, which eventually extended to prizes taken by force of arms at sea, as well as to disputes touching merchant vessels.

A matter of more general interest than the growth of the High Court of Admiralty is the growth of the Admiralty considered as a Department of the Government. There is nothing to indicate the existence of such a Department, in the modern sense of the term, before the reign of Charles II. There are some early accounts relating to naval affairs; there was a Treasurer of the Navy as early as the year 1544, whose functions were transferred to the Paymaster-General in the reign of William IV; and there were various subordinate officers responsible to the Lord High Admiral. In the reign of Charles I, after the murder of George Villiers, Duke of Buckingham—a very young High Admiral, who, according to Clarendon, had 'learnt the exercises of riding and dancing, in the last of which he excelled most men'—there were appointed some Commissioners of the Admiralty. The papers relating to their administration were found in the old State Paper Office; and this may indicate that they were regarded as belonging to the Council. During the Commonwealth there was


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Rh demand back of his former mistress all he had ever given her of fairest and most rich and rare.

This was a very sore chagrin to the lady; yet was she of so great and high an heart, albeit she was no Princess, though of one of the best houses in France, as that she did send him back all that was most fair and exquisite, wherein was a beautiful mirror with the picture of the said Prince. But first, for to decorate the same still better, she did take a pen and ink, and did scrawl inside a great pair of horns for him right in the mid of the forehead. Then handing the whole to the gentleman, the Prince's messenger, she spake thuswise to him: "Here, my friend, take this to your master, and tell him I do hereby send him back all he ever gave me, and that I have taken away nor added naught, unless it be something he hath himself added thereto since. And tell yonder fair Princess, his wife, which hath worked on him so strongly to demand back all his presents of me, that if a certain great Lord (naming him by name, and myself do know who it was) had done the like by her mother, and had asked back and taken from her what he had many a time and oft given her for sleeping with him, by way of love gifts and amorous presents, she would be as poor in gewgaws and jewels as ever a young maid at Court. Tell her, that for her own head, the which is now so loaded at the expense of this same Lord and her mother's belly, she would then have to go scour the gardens every morning for to pluck flowers to deck it withal, instead of jewelry. Well! let her e'en make what show and use she will of them; I do freely give them up to her." Any which hath known this fair lady will readily understand she was such an one as to have said as much; and herself did tell me


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Rh she did, and very free of speech she aye was. Yet could she not fail but feel it sore, whether from husband or wife, to be so ill treated and deceived. And the Princess was blamed of many folk, which said 'twas her own fault, to have so despitefully used and driven her to desperation the poor lady, the which had well earned such presents by the sweat of her body.

This lady, for that she was one of the most beautiful and agreeable women of her time, failed not, notwithstanding she had so sacrificed her virtue to this Prince, to make a good marriage with a very rich man, though not her equal in family. So one day, the twain being come to mutual reproaches as to the honour they had done each the other in marrying, and she making a point of the high estate she was of and yet had married him, he did retort, "Nay! but I have done more for you than you have done for me; for I have dishonoured myself for to recover your honour for you;" meaning to infer by this that, whereas she had lost hers when a girl, he had won it back for her, by taking her to wife.

I have heard tell, and I ween on good authority, how that, after King Francis I. had quitted Madame de Chasteaubriand, his most favourite mistress, to take Madame d'Etampes, Helly by her maiden name, whom the Queen Regent had chosen for one of her Maids of Honour and did bring to the King's notice on his return from Spain to Bordeaux,—and he did take her for his mistress, and left the aforesaid Madame de Chasteaubriand, as they say one nail doth drive out another,—his new mistress Madame d'Etampes, did beg the King to have back from the Chasteaubriand all the best jewels which he had given her. Now this was in no wise for the price or value of the


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Rh same, for in those days pearls and precious stones had not the vogue they have since gotten, but for liking of the graceful mottoes which had been set, imprinted and engraven thereon, the which the Queen of Navarre, his sister, had made and composed; for she was a past mistress of this art. So King Francis did grant her prayer, and promising he would do this, was as good as his word. To this end he did send one of his gentlemen to her for to demand their return, but she on the instant did feign herself sick and appointed the gentleman to come again in three days' time, when he should have what he craved. Meantime, in her despite, she did send for a goldsmith, and had him melt down all the jewels, without any regard or thought of the dainty devices which were engraven thereon. Then anon, when the messenger was returned, she did give him all the ornaments converted and changed into gold ingots. "Go, carry this," she said, "to the King, and tell him that, as it hath pleased his Majesty to ask back what he did erst so generously give me, I do now return and send back the same in gold ingots. As for the mottoes and devices, these I have so well conned over and imprinted on my mind, and do hold them so dear, as that I could in no wise suffer any other should use or enjoy the same and have delight therein but myself."

When the King had received the whole, ingots and message and all, he made no other remark but only this, "Nay! give her back the whole. What I was for doing, 'twas not for the worth of the gold (for I would have gladly given her twice as much), but for liking of the devices and mottoes; but seeing she hath so destroyed these, I care not for the gold, and do return it her again.


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Rh Herein hath she shown more greatness and boldness of heart than ever I had dreamed could come of a woman." A noble-spirited lady's heart, chagrined so and scorned, is capable of great things.

These Princes which do so recall their presents act much otherwise than did once Madame de Nevers, of the house of Bourbon, daughter of M. de Montpensier. This same was in her day a very prudent, virtuous and beautiful Princess, and held for such both in France and Spain, in which latter country she had been brought up along with Queen Elisabeth of France, being her cup-bearer and giving her to drink; for it must be known this Queen was aye served by her gentlewomen, dames and damsels, and each had her rank and office, the same as we Courtiers in attendance on our Kings. This Princess was married to the Comte d'Eu, eldest son of M. de Nevers, she worthy of him as he was right well worthy of her, being one of the handsomest and most pleasing Princes of his time. For which cause was he much loved and sought after of many fair and noble ladies of the Court, amongst others of one which was both this, and a very adroit and clever woman to boot. Now it befell one day that the Prince did take a ring from off his wife's finger, a very fine one, a diamond worth fifteen hundred or mayhap two thousand crowns, the which the Queen of Spain had given her on her quitting her Court. This ring the Prince, seeing how his mistress did admire it greatly and did show signs of coveting its possession, being very free-handed and generous, did frankly offer her, giving her to understand he had won the same at tennis. Nor did she refuse the gift, but taking it as a great mark of affection, did always wear it on her finger for love of him. And thus Madame de Nevers,


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Rh who did understand from her good husband that he had lost the ring at tennis, or at any rate that it was lying pawned, came presently to see the same on the hand of her rival, whom she was quite well aware was her husband's mistress. Yet was she so wise and prudent and had such command of herself, as that, merely changing colour somewhat and quietly dissembling her chagrin, without any more ado she did turn her head another way, and did breathe never a word of the matter either to her husband or his mistress. Herein was she much to be commended, for that she did show no cross-grained, vixenish temper, nor anger, nor yet expose the younger lady to public scorn, as not a few others I wot of would have done, thus delighting the company and giving them occasion for gossip and scandal-mongering.

Thus we see how necessary is moderation in such matters and how excellent a thing, as also that here no less than elsewhere doth luck and ill-luck prevail. For some ladies there be which cannot take one step aside or make the very smallest stumble in the path of virtue, or taste of love but with the tip of their finger, but lo! they be instantly traduced, exposed and satirized right and left.

Others again there be which do sail full before the wind over the sea and pleasant waters of Venus, and with naked body and wide spread limbs do swim with wide strokes therein, wantoning in its waves, voyaging toward Cyprus and the Temple of Venus there and her gardens, and taking their fill of delight in love; yet deuce a word doth any say about them, no more than if they had never been born. Thus doth fortune favour some and mislike others in matter of scandal-making; myself have seen not a few examples thereof in my day, and some be found still.


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 an Admiralty Committee of the Council of State, the records of which were in the same office.

James Duke of York, afterwards King James II (being, as his adviser Samuel Pepys said, 'very hot for regulations in the Navy'), seems to have been the first to succeed in separating the Admiralty Department from the Council. It is in his time and under his instructions that the magnificent series of Journals and Log-Books which are now among the Admiralty records begins. It is a pleasing task to call to mind that one, of whom historians can remember little that is good, and possibly much that is bad, did at least render one great and good service to his country, and may be regarded as the father of our system of naval administration.

Since his time the office of Lord High Admiral has usually been in the hands of Commissioners, whose authority, like that of the Lord High Admiral himself, is of course derived from the Crown. Their Department has had a business which has developed from of their generation to generation, and has brought into existence a series of records of which there has never been the like in the history of the world. You can form no idea of them from a single dispatch sent by a single admiral, and relating to a single battle, such as you may see in the Public Record Office 'Museum' in a glass case. There are shelves upon shelves, presses upon presses, rooms after rooms of documents, which tell the history of Naval Administration in all its branches. They tell of the methods by which the naval authorities on shore patiently worked to ensure the efficiency of the great righting and exploring forces afloat, and obtained the money to gain their ends, as well as of the exploits performed and the victories won.

Even when a Department of Government sprang, so to speak, from an entirely new source, it was almost


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  always brought into close connexion with some organization already existing, as in the case of the Post Office. Though there was some system of posts in the reigns of James I and Charles I, the idea of the Post Office as now understood belongs to the period of the Commonwealth, and was adopted and developed after the Restoration. The original object of the office seems to have been to keep a control over correspondence in general, so that in the days of plots and counter-plots the Government might have the means of discovering the plotters. For this purpose the Post Office was brought into connexion with the Secretary of State, who could and still can send a warrant to the Post Office to detain and open letters.

On the other hand the Post Office became an important source of revenue, and was brought into close connexion with the Exchequer and the Treasury, and with the successive organizations used for auditing public accounts.

I have hitherto said but little of the effect of Parliament in the modern sense of the term—of that Parliament in which the Commons play so prominent a part—upon the organization of Departments of the Government, and the records which spring up in consequence. You will, perhaps, think I am speaking without due consideration when I say that Parliament has done but little to alter the fundamental methods of administration. It has, of course, abolished various offices, it has created new offices, and it has transferred the business of one office to another. It has had an effect in this last way on many of the offices which I have already mentioned. But, for all that, the machinery by which we work has not undergone any radical change of design. The machinery expands, and it branches out in various directions, but it almost always retains its original character.


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title: User talk:46.20.163.142


text:
Page:The Public Records and The Constitution.djvu/36

 Thus, the office of the Comptroller and Auditor General, in which our public accounts are audited, Auditor owes its present constitution to statute, but it did not General. in consequence of any statute appear suddenly as a wholly new institution. It has a not uninteresting history, but one too long to trace in all its details on the present occasion. The principal features are shown upon the diagram. There was a creation, after various tentative stages, of Auditors of Exchequer Accounts, by Exchequer authority. Then came the division of these Auditors into three branches—the Auditor of the Receipt of the Exchequer, the Auditors of Imprests, and the Auditors of Land Revenues. Later on the Auditors of Imprests and the Auditors of Land Revenues became together the Commissioners for Auditing Public Accounts. Still later the Auditor of the Receipt of the Exchequer became the Comptroller-General of the Receipt and Issue of the Exchequer. He existed concurrently with the Commissioners for Auditing Public Accounts and with the Auditor of Excise, who had grown up in the meantime. Last of all the offices of the Comptroller-General of the Receipt and Issue of the Exchequer, of the Auditor of Excise, and of the Commissioners for Auditing Public Accounts were united by statute into the existing office of 'The Comptroller-General of the Receipt and Issue of the Exchequer and Auditor-General of Public Accounts', which is known as the 'Exchequer and Audit Department'. Statutes may expressly declare that an old office is abolished and a new office created, when changes


text:
User talk:87.97.108.110

Welcome

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title: User talk:87.97.108.110


text:
Page:The Public Records and The Constitution.djvu/37

Rh such as these are effected, but they do not thereby undo the history of the past.

The office of the Paymaster-General is also constituted by statute, but also has a history extending back to a time before it assumed its present form. It absorbed the older offices of the Paymaster-General of the Forces, of the Treasurer of the Navy, of the Treasurer of the Ordnance, and others. It is even now practically a branch of the Treasury.

The office of Works and Public Buildings, like that of the Commissioners of Woods, Forests, and Land Revenues, owes its existence in its present form to a statute; but the two had a concurrent history before the time of statutes, and beginning with the very earliest accounts of the land revenues of the Crown. When in the first reigns after the Conquest the Sheriffs rendered their accounts, they made deductions for works and buildings, which appear on the Great Roll, and so we find the amounts due for revenues and the amounts paid for works in juxtaposition.

There soon, however, appear other accountants for land revenues, and according to an early statute of uncertain date, which was at one time assigned to the fifty-first year of the reign of Henry III, three surveyors were to be appointed to survey and value the King's wardships and escheats, to look after and improve the rents of the King's demesnes, and to be answerable for the issues at the Exchequer. It also appears that Sheriffs, Constables, and others had been in the habit of obtaining outrageous allowances for the King's works. It was therefore provided that all the viewers or overseers of the King's works were to be competent persons selected by the surveyors on oath.

Somewhere about the time of this statute we also find the accounts of Clerks of Works, of whom, later on, the poet Chaucer was one. Their functions were possibly identical with those of the viewers or overseers


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User talk:Iqlima96line

— billinghurst  sDrewth  13:07, 13 July 2012 (UTC)

title: User talk:Iqlima96line


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User talk:Germanesse

— billinghurst  sDrewth  13:07, 13 July 2012 (UTC)

title: User talk:Germanesse


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Page:The Public Records and The Constitution.djvu/38

 mentioned in the Act, and, if so, the Clerks of Works were subordinate to the Surveyors of Crown Lands.

Coming down to the time of Henry VIII, we find that 'General Surveyors and Approvers' of the King's Lands were appointed, and that their functions extended to the repair of old buildings and the erection of new. In the thirty-third year of his reign there was constituted a Court of the King's General Surveyors of the King's Lands, and the Receivers belonging to this Court were to 'survey all manner of reparations needful to be done'.

The Court was soon abolished, but there probably continued to be Surveyors, with functions similar to those enjoyed by the General Surveyors and Approvers of the King's Lands before it was erected, until the time of the Commonwealth.

Shortly after the Restoration there appears His Majesty's Surveyor-General of Works, and at the beginning of the reign of George I there was a Board of Works consisting of a Surveyor, a Comptroller, and a Paymaster of His Majesty's Works, of the Secretaries of the Treasury, of the Surveyor-General of Crown Lands, and of the Surveyor-General of Woods. Thus we see the Surveyors of Lands and Woods still associated with the direction of Works, but not quite in the same way as before.

In the time of George III, at the beginning of whose reign the land revenues of the Crown were surrendered to the nation in consideration of the fixed income commonly called the Civil List, there were still several Surveyors-General, though it has not been found practicable to indicate them all upon the plan. There was a Board of Works, with a Surveyor-General at the head of it, and, among other officers, a Comptroller, a Paymaster, and Clerks of the Works. Some changes were effected by statutes, and in the outcome there was an independent Surveyor-General of Works and Public Buildings. There continued, however, to be a Surveyor-General of


text:
The Civil Service and the Patronage/Appendix A

TRANSFER OF OFFICERS (1789-1791).


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Page:The Public Records and The Constitution.djvu/39

 the Land Revenues of the Crown, and contemporaneously with him, a Surveyor-General of Woods and Forests. The offices of the two last-named surveyors were united towards the end of the reign, and this union brought into existence the office of Commissioners of Woods, Forests, and Land Revenues. The office of Surveyor-General of Works and Buildings was united with that of the Commissioners of Woods and Forests in the year 1832.

In the year 1852, however, the duties were again divided by a new statute, and the office of the Commissioners of Works and Public Buildings was constituted in a new form, and became quite distinct from that of the Commissioners of Woods and Forests. The descent of the two offices (intervening statutes notwithstanding) may nevertheless be fairly traced to the old accountants for the revenues of Crown Lands, and the old viewers, overseers, or Clerks of Works, and to that still earlier time when the accounts for revenues and works were entered on the same roll. As a spending department the office of Works still has a close connexion with the Treasury, while the Treasury draws supplies from those land revenues which fall into the office of Woods and Forests.

The existing Commissioners of Woods, Forests, and Land Revenues, though constituted by statute, are the nearest representatives of the old Accountants for the Land Revenues of the Crown who appear in the table. The office of Land Revenue Records and EnrolmentsEnrollments [sic] (lately transferred to the Public Record Office) was instituted by the Crown Lands Act, 1832, for the reception of records formerly in the custody of the Auditors of Land Revenue (already mentioned and shown in the diagram), whose duties, as previously stated, were transferred to the Commissioners for Auditing the Public Accounts, and are now performed in the Office of the Comptroller and Auditor General.


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Page:The Public Records and The Constitution.djvu/40

 The Local Government Board came into existence by Sent virtue of an Act of the year 1871, but its functions were Board. not by any means all newly created, as it not only absorbed an older Poor Law Board, but also took over some duties from the Privy Council and the Secretary of State.

Among the offices which Acts of Parliament have brought into being, and which, perhaps, have least connexion with our earlier history, are the General Register Office, the Registry of Friendly Societies, the National Debt Office and the Public Works Loan Commission Office. Of some even of these it maybe said however, that they owe their origin in part at least to the development of Treasury methods.

The name of one of them illustrates that favourite constitutional expedient of a Commission, which, when it is to be of a permanent character, is now often set going by Act of Parliament. Thus when the temporalities of the Bishoprics were taken out of the hands of the Bishops, the lands of the respective sees were by Act of Parliament vested in Ecclesiastical Commissioners, who also became possessed of the various muniments relating to the old episcopal revenues, which thus became public records.

Various powers in relation to charities have also by Act of Parliament been given to Charity Commissioners, whose records are also under the charge and superintendence of the Master of the Rolls.

The original idea of a commission, however, is as old as the oldest of the public records. A commission was, in principle, the delegation of an authority to certain persons for the performance of some particular duty, usually within a limited time. From the idea of a temporary Commission was developed the idea of a renewable or permanent Commission.

Among Boards which are now recognized as having


text: Appletons' Cyclopædia of American Biography/Munsell, Joel


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Page:The Public Records and The Constitution.djvu/41

  permanent or perpetually renewable Commissions are those of Customs and of Inland Revenue, the growth of which is briefly shown upon the table. Upon these the Treasury largely depends for its supplies.

The Commissioners of the Treasury itself act under a Commission which may be regarded as temporary, as renewable, or as permanent. It is temporary in relation to the particular individuals commissioned, it is renewable to other individuals upon a change of Ministry, and it is permanent in the sense that it is now the established form of Treasury Administration.

The Treasury, before acquiring its present organization, has, however, passed through strange vicissitudes. In the reign of the Conqueror, and in the early part of the reign of Henry I, the Treasury was the place of deposit of Domesday Book, then known as the Winchester Book because the Treasury was at Winchester. The King's Court, the Curia Regis, sat in it, and heard causes between subject and subject, and not until about the year 1118 do we find any mention of the Exchequer. Soon after, we find the King's Court sitting, not in the Treasury, but at the Exchequer, and there exercising the jurisdiction afterwards known as that of the Court of Common Pleas, and another jurisdiction afterwards known as that of the Court of Exchequer. By degrees the Exchequer overshadowed the Treasury, and the Exchequer jurisdiction was exercised by the Treasurer and Barons of the Exchequer. All the records relating to fiscal matters, including Domesday Book itself, and including all legal proceedings relating to the royal revenue, came to be known as Exchequer Records.

There was a Lord High Treasurer, who was superior to the Barons of the Exchequer, but there was no independent Treasury Department, in the modern sense of the term, before the middle of the sixteenth century,


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User talk:Kollektivwesen

— billinghurst  sDrewth  13:45, 13 July 2012 (UTC)

title: User talk:Kollektivwesen


text: Appletons' Cyclopædia of American Biography/Munson, Æneas


text: The Public Records and The Constitution

title: The Public Records and The Constitution


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Page:Pentagon-Papers-Part I.djvu/46

Declassified per Executive Order 13526, Section 3.3 NND Project Number: NND 63316. By: NWD Date: 2011

title: Page:Pentagon-Papers-Part I.djvu/46


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Encyclopædia Britannica, Ninth Edition/Anabaptists

ANABAPTISTS (re-baptisers, from and ), a name sometimes applied indiscriminately to all denominations of Christians that deny the validity of infant baptism, but restricted in general usage to certain sects which became prominent in Germany and elsewhere at the period of the Reformation. In both cases the designation originates with opponents, and is repudiated by the great majority of those to whom it is applied. Believing, as they do, that the baptism of infants is no baptism, they naturally object to a name which implies that their baptism of such persons as may have been baptised in infancy is a second administration of the rite. It is therefore desirable to avoid the

use of the term as descriptive of those who hold what are otherwise known as antipaedobaptist views. In its more limited sense the word has been too long in use, and is too well known to be now discarded, though it is open to the further objection, in addition to that already stated, that it describes a sect by one of the least important of its distinctive doctrines and practices. The Anabaptists of Germany are historically noteworthy, not because they insisted on re-baptism as the condition of admission to their communion, but because the enthusiasm of the Reformation manifested itself in them in a form and manner altogether peculiar. Their views as to the true constitution of the church and its relation to the state, and the efforts they made to realise these views, furnish a problem, partly theological, partly historical, of which a satisfactory solution is not easy. To one who looks merely at the extravagance and lawlessness which appear on the surface, fanaticism and madness may furnish a sufficient explanation of the whole Anabaptist movement, but a deeper insight will find many elements in it that are quite inconsistent with the supposition of nothing more than bare-faced imposture in the leaders, and blind delusion in the followers. There is an obvious genetic, though not historical connection between the Anabaptists and those earlier sects (Novatians, Donatists, Albigenses, Waldenses) which did not practise infant baptism. It is more important, however, to trace the relation between the Anabaptists and the great body of the Reformers. Anabaptism, as a system, may be defined as the Reformation doctrine carried to its utmost limit; the Anabaptists were the extreme left in the army of the Reformers. It is true that they regarded each other as in different camps; but their mutual denunciations cannot conceal the fact that even the most peculiar doctrines of the Anabaptists were to them only corollaries, illegitimately drawn, as the more orthodox Reformers thought, from the fundamental principle, common to both, of the independence of the individual judgment, and the supreme importance of the subjective element, personal faith, in religion. The connection of this principle with their theory of the church and its relation to the state, their doctrine of the sacraments, and even their political rising, is so obvious that it need not be dwelt upon. The history of the Anabaptist movement in its outward development is brief but eventful. In 1521 their first rising took place at Zwickau, under the leadership of Thomas Münzer, the Lutheran pastor of that place. (See .) Compelled to leave Zwickau, Münzer visited Bohemia, resided two years at Altstadt and Thuringia, and in 1524 spent some time in Switzerland. During this period he proclaimed his revolutionary doctrines in religion and politics with growing vehemence, and, so far as the lower orders were concerned, with growing success. The crisis came in the so-called Peasants War in South Germany, in 1525. In its origin a revolt against feudal oppression, it became, under the leadership of Münzer, a war against all constituted authorities, and an attempt to establish by force his ideal Christian commonwealth, with absolute equality and the community of goods. The total defeat of the insurgents at Frankenhausen (May 15, 1525), followed as it was by the execution of Münzer and several other leaders, proved only a temporary check to the Anabaptist movement. Here and there throughout Germany, Switzerland, and the Netherlands there were zealous propagandists, through whose teaching many were prepared to follow as soon as another leader should arise. A second and more determined attempt to establish a theocracy was made at Münster, in Westphalia (1532-5). Here the sect had gained considerable influence, through the adhesion of Rothmann, the Lutheran pastor, and several prominent citizens; and the leaders, Johann Matthyszoon or Matthiesen, a baker of

Haarlem, and Johann Bockhold, a tailor of Leyden, had little difficulty in obtaining possession of the town and deposing the magistrates. Vigorous preparations were at once made, not only to hold what had been gained, but to proceed from Münster as a centre to the conquest of the world. The town being besieged by Count Waldeck, its expelled bishop (April 1534), Matthiesen, who was first in command, made a sally with only thirty followers, under the fanatical idea that he was a second Gideon, and was cut off with his entire band. Bockhold, better known in history as John of Leyden, was now supreme. Giving himself out as the successor of David, he claimed royal honours and absolute power in the new “Zion.” He justified the most arbitrary and extravagant measures by the authority of visions from heaven, as others have done in similar circumstances. With this pretended sanction he legalised polygamy, and himself took four wives, one of whom he beheaded with his own hand in the market-place in a fit of frenzy. As a natural consequence of such licence, Münster was for twelve months a scene of unbridled profligacy. After an obstinate resistance the town was taken by the besiegers on the 24th June 1535, and in January of the following year Bockhold and some of his more prominent followers, after being cruelly tortured, were executed in the market-place. The outbreak at Münster was the crisis of the Anabaptist movement. It never again had the opportunity of assuming political importance, the civil powers naturally adopting the most stringent measures to suppress an agitation whose avowed object was to suppress them. It is difficult to trace the subsequent history of the sect as a religious body. The fact that, after the Münster insurrection, the very name Anabaptist was proscribed in Europe, is a source of twofold confusion. The enforced adoption of new names makes it easy to lose the historical identity of many who really belonged to the Münster Anabaptists, and, on the other hand, has led to the classification of many with the Münster sect who had no real connection with it. The latter mistake, it is to be noted, has been much more common than the former. The Mennonites, for example, have been identified with the earlier Anabaptists, on the ground that they included among their number many of the fanatics of Münster. But the continuity of a sect is to be traced in its principles and not in its adherents, and it must be remembered that Menno and his followers expressly repudiated the distinctive doctrines of the Münster Anabaptists. They have never aimed at any social or political revolution, and have been as remarkable for sobriety of conduct as the Münster sect was for its fanaticism. (See .) In English history frequent reference is made to the Anabaptists during the 16th and 17th centuries, but there is no evidence that any considerable number of native Englishmen ever adopted the principles of the Münster sect. Many of the followers of Münzer and Bockhold seem to have fled from persecution in Germany and the Netherlands to be subjected to a persecution scarcely less severe in England. The mildest measure adopted towards these refugees was banishment from the kingdom, and a large number suffered at the stake. It has already been explained that the application of the term Anabaptist to those English sects that had nothing in common with the German Anabaptists except the practice of adult baptism, is unjustifiable. (See .)


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User:Michelledavison

I am a graduate student studying US History and I am also a computer programmer.

title: User:Michelledavison


text: Template:New texts/2012/06

title: Template:New texts/2012/06


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User talk:Trieborneo

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User talk:Alriegabriel

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The New International Encyclopædia/Farmer George

FARMER GEORGE. A popular name given to George III. of England because of his dress, manners, and habits. He is said to have kept a farm for the small profit rather than for pleasure.


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Page:The Religion of Ancient Egypt.djvu/95

Identity of the Religious Institutions from First to Last.

was quite unnecessary for the purpose of these Lectures that the sketch of Egyptian civilization which I laid before you in the last Lecture should be completed or filled up in detail. But in studying the phenomena which a religion presents, it is indispensable that we should understand certain conditions accompanying those phenomena. Men's thoughts are forced into certain channels and assume definite forms according to the nature of their occupations. It is not a matter of indifference whether we have to do with people in what is called the hunting stage, nomadic populations, agriculturalists or merchants; with men of hot or of cold climates; with savages or with men in the most advanced stages of culture. The religions and mythologies of such peoples differ very widely. Even among those professing the same religion, great differences must necessarily be found between men of highly educated and cultivated minds, and unpolished


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The New International Encyclopædia/Farmers' Alliance

FARMERS' ALLIANCE. A political party in the United States, which became of national importance in 1890, especially in the South and

West. The movement originated in 1876 as a county institution in Texas, which soon grew into a State alliance. Its object at first was similar to that of other farmers' organizations, such as the ../Grange/ (q.v.). Kindred societies grew up in other States, such as the Wheel in Arkansas, founded in 1882, and the Farmers' Union in Louisiana. In 1887 a national alliance was formed out of several State societies, and its political character soon became marked. Meetings were held in 1888 and in 1889, and at the latter a platform of principles was agreed upon by the Alliance and the Knights of Labor, and the name became the National Farmers' Alliance and Industrial Union. The platform demanded the abolition of national banks, increased issues of legal-tender greenbacks, laws against dealings in futures of agricultural and mechanical products, free and unlimited coinage of silver, and Government ownership of all means of transportation and intercourse. In the South the Alliance demanded the establishment by the Government of sub-treasury warehouses where farmers could deposit their products and receive currency in exchange, and also the opportunity to borrow money from the Government at nominal interest. In the campaign of 1890 the Alliance in the South did not put forth separate candidates, but dictated the nominations of the Democratic party, especially in South Carolina. In the West there were separate nominations. The election gave the Alliance the control of the legislatures of Kansas and Nebraska, and the balance of power in Illinois, Minnesota, and South Dakota. It sent nine men to the House of Representatives, and Senators from Kansas, South Dakota, and South Carolina, but the latter was called a Democrat. In 1892 the organization united with other elements and formed the ../Populist Party/ (q.v.), nominating a President. This was not done without a split in the Alliance, however, most of the Southern members refusing to leave their old political connections. The new party continued the demand for the sub-treasury scheme, free silver, more greenbacks, and public ownership of means of communication and transportation. The Alliance ceased to be a political party, but continued as an organization for the betterment of the agricultural classes.


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Page:The Religion of Ancient Egypt.djvu/96

 men insensible to art or poetry of a high order. Now it is certain that at least three thousand years before Christ there was in Egypt a powerful and elaborately organized monarchy, enjoying a material civilization in many respects not inferior to that of Europe in the last century. Centuries must have elapsed before such a civilization became possible. Of a state of barbarism or even of patriarchal life anterior to the monumental period, there is no historical vestige. The earliest monuments which have been discovered present to us the very same fully developed civilization and the same religion as the later monuments. The blocks of the Pyramids bear quarry marks exhibiting the decimal notation, and are dated by the months of the calendar which was in use down to the latest times. You must remember that the calendars of other nations (Hebrews, Greeks and Romans) show great ignorance of the real length of the year. It was only after the conquest of Alexandria that the Roman calendar was reformed by Julius Cæsar. The political division into nomes (provinces, each of which had its principal deity) is as old as the age of the Pyramids. The gods whose names appear in the oldest tombs were worshipped down to the Christian times. The same kind of priesthoods which are mentioned in the tablets of Canopus and Rosetta in the Ptolemaic period are as ancient as the Pyramids, and more ancient than any Pyramid of which we know the date. There is in the Ashmolean Museum