CO885(3-4) — Page 100

PUBLIC RECORD OFFICE

Reference -

C.O. 885

4PUBLIC RECORD OFFICE, LONDON

ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO

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in the public Assemblies, and the Prince was only too glad when, by negotiation or eloquence, or supe- rior craft, he could win them over to his views.

"The Heligolanders have always refused to allow the Landvogts of the Danish Crown to exercise greater authority than had been vested in the old Friesian overseers; and they never concealed their thorough repugnance to a permanent garrison, under the orders of a Commandant.

the

"In the Cimbrian provinces, and in Friesia, it

⚫ was the rule, from the oldest times, that the burgher must be ruled by the burgher, and the yeoman by and that judicial and other offices yeoman; must be filled by persons freely elected from the mass of native-born and resident inhabitants. So the Friesians settled in Denmark, down to the sixteenth century, elected their own authorities; a privilege which their descendants in Bremen-land exercise to this day, although in a limited form, and not always to their advantage. That privilege the

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Heligolanders have invariably preserved.

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"The direction of the common affairs of the

island is vested in a Council of six members, eight

Wardsmen, and sixteen Elders.

"The two former are elected for eight years and the last for life.

the "Until the end of the fifteenth century, administration of local affairs was in the hands of the authorities above mentioned. At that period, however, a Landvogt was placed on the island, by the King of Denmark; but upon its being, shortly afterwards, transferred to the Duke of Schleswig, the latter vested the civil and military administration in a Commandant.

"This last arrangement was, subsequently, altered by the appointment of a Landvogt to resume the administration, and the appointment remained in force after the island was again placed under Denmark.

"The

of these Landvogts was, at all times, power very limited. The local authorities could not meet without his sanction, excepting only when they con. ceived themselves to have grounds for complaining of infringement of their rights; and they thus became rather inclined to invent pretexts for claim-

• Or stewards, bailiffs, wardens.

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ing a privilege, the exercise of which conveniently veiled their proceedings.

"The principal functions of the Landvogts were of a judicial and fiscal character. He was bound to attempt to reconcile litigating parties, before they appeared before the ordinary Court; he collected the revenue of the Sovereign, and exercised super- vision over the public income.

"The ordinary Court of Justice was composed of the Landvogt and six Councillors; but the Court was entitled to meet and decide cases in his absence.

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"Until the year 1587 the island was governed by the ancient Friesian laws. But, in that year, those enactments, having been moulded into fourteen Articles, were formerly proclaimed, and, in 1606, confirmed by the Duke of Schleswig, together with other Landesbeliebungen,' as the law of the island; and it was only when that code proved insufficient that recourse was to be had to the ancient law of Jutland, as comprised in the 'Jütsche Low (law) Buch.'

"Laws which have maintained their authority for centuries may be supposed to be adapted to the wants of the people. The Heligolanders are [pro- tected by their Constitution from the danger of having their affairs vested in the hands of persons little acquainted with their circumstances or indiffe- rent to their welfare. Their authorities being elected by and from themselves are, therefore, the better enabled to adjust disputes between litigants to the satisfaction of the whole community. Public affairs are not allowed to become a source of private

• The word "Beliebung" is German, and denotes a custom

But the

or particular habit of a trade or association of men. "Beliebung" of a country or people is unknown in Germany. Several learned persons whom I consulted had never board the word, as mentioned by me. It is not to be found in any diction- ary, excepting in the incompleted one of the brothers Grimm, and there it is not said what it means; it is only quoted as having been used by Dahlman in his "History of Denmark." It is neither a plebiscitum nor yet a placitum, although slightly partaking of the character of the latter. From the terms of one of these "Landesbeliebungen "it seems to be usage which, by general consent, has obtained the force of law, and which the Prince, on the supplication of the community, has formally confirmed.

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