by a superficial ingenuity which is singularly magnum concilium, the House of Lords or attractive, and has enlisted the sympathy of Court of Parliament, and (3) the concilium more than one able writer on colonial law privatum assiduum ordinarturn, which was (e. g. Burge and' Clark), has been partially the permanent Privy Council of the Crown. There is clear evidence that the last named rejected by Macqueen (Appellate Jurisdic were the constant assessors of the House of tion of the House of Lords), whose criti cisms may thus be summarized : (a) It is Lords, investigated and even determined writs of error in Parliament under the au incorrect to say that at the time when ap thority of a reference by the peers, and, at peals from the colonies to the Privy Coun all events since 33 cil were settled, there Edw. I., acted as the was no other prece triers of domestic and dent than in the Roy foreign petitions. al Court of Jersey for The authority of an appeal to a judica the Privy Council in ture within the realm these matters was at possessing foreign ju first derivative only, risdiction, (b) There and no inherent civil is no proof that Jer jurisdiction was sey and Guernsey claimed or exercised. were at that time But the intervals remnants of the gradually becoming duchy of Normandy, longer between the (f) It is incorrect to sessions of Parlia say that appeals from ment, rendered the Jersey and Guernsey mode of redress un were brought before satisfactory, and by a the king in council* change almost con In support of this temporaneous 1 with proposition Macthe establishment of queen cites from the the Court of Exche Rolls of Parliament, quer Chamber to ad vol. 1,416, the case judicate on writs of of a petition from the error from the Channel Islands Queen's Bench (27 against Sir Otho de LORD BROUGHAM Eliz. c. 8), the Privy Grandison for pro curing the delay and denial of justice, which Council came to discharge in their own right was presented to the king and his council (/;/ those functions which would have devolved Pari. 18 Ed. 2, 1324, 5), and ordered to be upon them as triers had Parliament been brought before Parliament by a writ of error summoned. The trial of foreign petitions by parliamentary commissioners was aban from the chancery. After so much destruc tive criticism it was necessary that Mac- doned, and the separate and independent queen should evolve a theory of his own. jurisdiction of the Privy Council was exIn substance it is as follows : The kings of 1 Appeals from the Channel Islands to the Privy Coun England had three councils, ( 1 ) the com cil are said to have been granted in the time of Henry VIII., mune concilium, consisting of the sovereign but the earliest instance in the Privy Council Records is in and both Houses of Parliament, (2) the 1572.
