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Supreme-Court-400.Pdf SupremThee Court of COURT E OF EM B R E P R U M S U E D H A BERMUDT A • OUR• 4 E C T O 0 M Y F 0 E R B TH R A E A P RS R NNU IVE M S U E D H A T • • 4 0 Y 0 T R H SA ANNIVER 400 YEARS 161 6–2016 Celebrating the Bermuda Supreme Court’s Quadricentennial Anniversary Freisenbruch-Meyer Group is honoured to be a part of Bermuda’s history. As an established local insurance provider, we pride ourselves on offering the expertise and exceptional service you require for success. We provide an extensive range of professional risk solutions. Our products include: t 1SPGFTTJPOBM*OEFNOJUZ t %JSFDUPST0GmDFST-JBCJMJUZ t 5SVTUFFT-JBCJMJUZ t 'JOBODJBM*OTUJUVUJPOT*OTVSBODF t .FEJDBM.BMQSBDUJDF t $ZCFS-JBCJMJUZ COVERINGCOOVVERERING POSSIBILITIESPOSSIBILITIES 75 FRONT STREET 441.296.3600 WWW.FMGROUP.BM [email protected] COURT E OF EM B R E P R U M S U E D H A T • ~ A proud reputation ~ • 4 0 Y 0 T R H SA ANNIVER Bermuda stands rightly proud of its reputation as a sophisticated legal jurisdiction . At the centre of it is a robust judiciary that stands as umpire between governmen t ~ Contents ~ and citizen and between citizen and citizen alike. Throughout its 400 years, 4 400 Years of Bermuda’s judiciary has seen much change, sometimes serving as the catalyst Bermudian Courts for change itself. Throughout its existence, our judges have stood on guard for By Ian R.C. Kawaley individual liberty, protected the vulnerable, worked to keep our community Chief Justice safe and facilitated the flow of commerce. These are the values which I 12 The Enterprise case: a trust will continue to guide the judiciary as it continues its work into the blow against slavery future. The job of the judiciary is never an easy one. The independence and By Ben Adamson professionalism with which it conducts its work are what ensure community & Jeffrey Elkinson support. I, my successors, the legal community and no doubt the community All images courtesy as a whole will continue to support the judiciary in this endeavour. National Museum of Bermuda Editorial support, design and production by Brimstone Media Hon. Trevor Moniz, JP, MP Printed by The Island Press MinisTer of LegaL affairs & aTTorneY generaL conyersdill.com Conyers Dill & Pearman Proudly Recognises 400 years of the Bermuda Supreme Court From Left: Sir James Pearman, Sir Reginald Conyers, and Sir Bayard Dill Our history is intricately woven into the fabric of Bermuda’s legal system. We are proud to have been an integral part of Bermuda’s history and stand by to serve future generations. BERMUDA BRITISH VIRGIN ISLANDS CAYMAN ISLANDS DUBAI HONG KONG LONDON MAURITIUS SINGAPORE ThE suPrEME CourT of BErMudA: 400 yEArs 3 400 years of Bermudian courts A sound legal foundation for an international investment domicile of choice BY CHief JusTiCe ian r. C. KawaLeY BErMudA’s Court of General Assize first sat on June 15, 1616, on the 401st anniversary of the signing of Magna Carta at runnymede, England. Bermuda’s courts have expanded and sat since then on a continuous basis. In constitutional terms, Bermuda began its life as an appendage of Virginia. In 1612 the island was legally created (or constituted) by amendment to earlier royal Charters granted by King James I to the Virginia Company. 1 The Company sold its rights in Bermuda for £2,000 to various London merchants, who returned the island to the Crown in return for the grant on June 29, 1615 of Letters Patent to “the Governor and Company of the City of London for the Plantacon of the somer Islands.” Company shareholders included sir Edwin sandys, 2 a barrister of the Middle Temple and an MP who was an early advocate of accused persons being represented by counsel. 3 It is clear sandys indirectly influenced the 1615 Charter through his recognised contribution to the 1609 Virginia Charter upon which Bermuda’s first church, St. the somers Isles Charter was Peter’s in St. George’s, hosted significantly based. Indeed, sir early legislative meetings 4 ThE suPrEME CourT of BErMudA: 400 yEArs The State House in St. George’s where early assizes were held Edwin, from whom sandys Tribe 2. The Company’s constitution instruments which from the outset (now Parish) acquired its name, is conferred the power to create courts firmly planted respect for the rule of not only credited with introducing exercising the following jurisdiction: law in the foundling territory’s his libertarian views into the second fundamental governing principles. Virginia Charter, a precedent for a) “in cases civil and criminal, both much of the “Bermuda” Company’s maritime and others so always that THe ruLe of Law TaKes rooT first constitution—he is also the said statutes, ordinances and Bermuda legally began as an English recognised as its principal author. 4 proceedings (as near as conveniently settlement whose non-English Two elements of Bermuda’s first may be) be agreeable to the laws, residents were regulated under a “constitution” are noteworthy: statutes, government and policy of constitutional system which only this our realm of England.” formally recognised the liberties of 1. All the King’s subjects who English subjects, and only fully migrated to Bermuda and their b) in the case of mutiny or rebellion, English men. for the first 100 years children born there were granted martial law as applicable in England, of the courts’ existence, persons of “all libertyes franchesies and “by a Jury of twelve Men,” a feature indeterminate legal status comprised immunities of free denizens and absent from the Virginia Company all women, African slaves, Native naturall subjectes within any of Charters. Americans, Irish, scottish and Welsh our dominions to all intents and indentured servants (often prisoners purposes, as if they had been Bermuda not only has a strong captured in the wars which created abiding and borne within this our claim to being the New World’s oldest the united Kingdom) and religious Kingdome of England or in any uninterrupted modern legal system. minorities. other of our dominions.” Its courts were established under legal The first jury trial took place on ThE suPrEME CourT of BErMudA: 400 yEArs 5 June 15, 1616 at the first Assize, and LandMarKs jury trials have been conducted on a regular basis ever since. Nevertheless, From company island to Crown rule even slaves were accorded the right to jury trial for serious offences, save Prominent London lawyer and when “emergency legislation” was MP Sir Edwin Sandys was one passed in response to rebellions. of the original shareholders in during the somers Isles Company the Virginia Company, which era, the jurisdiction enjoyed by settled Bermuda. Many of the English courts, other than the “Adventurers,” as the shareholders General Assize Court, was also were known, gave their names to exercised in Bermuda. The Governor local Tribes, or parishes, sat as the Ecclesiastical Court, dealing including Sandys. The company’s with probate and divorce matters. spinoff, the Somers Isles The Governor, commissioned as a Company, ruled Bermuda for more Vice-Admiral, and his Council sat as than 70 years, but its monopoly a Court of Admiralty to deal with system of governance eventually shipping disputes. The first admiralty worked against the island’s case was heard in 1671 and related to development. In 1684 its charter the wrecking of the vessel Truelove .5 was revoked and the Crown took sir Allan smith has noted that a over administration. commercial court sat in 1668: “There is one instance recorded in 1668 of the sitting of a Court of Piepoudre The History of Mary Prince (spelled “Pipepowder” in the record) to deal with two commercial cases, the Mary Prince was a Bermudian slave born in Devonshire Parish, whose life first an action on the case for damages became a flashpoint in the years leading to legal Emancipation. Aged 43, against a ship and the other an action she told her story to the Anti-Slavery Society in Britain which published the of account between two merchants.” 6 account. It was a chilling account of broken families, physical abuse and In 1684 the somers Isles Company harsh work and punishment. was dissolved in London and Prince’s story became a highly Bermuda became a Crown Colony. successful tool in the Society’s Bermuda’s constitution became campaign, which came to grounded in Letters of Instruction to fruition two years later in 1833, Governors and local legislation, with when the UK House of the Bermudian house of Assembly Commons passed an Act for providing a legislative basis for the the Abolition of Slavery. courts. Thereafter, rather than simply In Bermuda, the Attorney following English law and practice, General laid the Act before Bermudian substantive and procedural the Assembly: it called for law was applied within a court system “promoting the industry of the and under umbrella principles which manumitted slaves, and for were strongly influenced by English law . compensating the persons The Emancipation Acts of 1834 hitherto entitled to the services ended slavery, and expanded the range of such slaves.” The Act ws of persons who were, theoretically at voted into Bermuda law, taking least, equal before the law. The effect on August 1, 1834. supreme Court was created as a unified superior Court in 1905. The Court of Appeal for Bermuda was Title page of The history of created as an intermediate appellate Mary Prince, A West Indian court in 1964. Bermuda’s highest slave , published in 1831 appellate court is the Judicial 6 ThE suPrEME CourT of BErMudA: 400 yEArs The Sessions House and Front Street in the mid-1800s LandMarKs Fight for Committee of the Privy Council in women’s London, which is staffed by the judges of the uK supreme Court rights (previously the house of Lords).
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