date

PRIVATE 5 May 1807 H2 +
PRIVATE

5 May 1807

H2 +

(1) (1)

Letter V

After VIII Appeal list mutilated

VI. Uses - Proper remedy, efficacy

{Before the topic of astrology is dismissed

Now we are upon causes, another little comparison confrontation rapprochment our neighbours would say -} may not be without use.

Presented from the Supreme Court within Scotland, Appeal, which it can only be to the House of Lords, stops execution: so does it, under the name of a Writ of Error, when presented from those on the same level as Westminster Hall, to any of the three Westminster Hall Chambers of Review. Presented under the name of Appeal, from the Westminster Hall Equity Court on that same level to the only Court to which in Equity procedure it can be presented from that High Court, viz. to the House of Lords, Appeal does not stop execution: that is to say, not of course; nor without such special ground alledged and supported, as is scarce ever made.

And now, with submission, the cause of the following proportion for that same three years ending 1797, can be no great mystery. From the English Courts Appeals stopping execution, 1915: where of in Common Law causes to the 3 Intermediate Courts or Chambers of Review, 1790: in d o to the ultimate Court of Review, viz. the House of Lords, 125: English Appeals stopping execution 1915: English Appeals not stopping execution, 7: viz. in Equity Causes to the House of Lords: From Scotland in Common Law and Equity causes put together, Appeals stopping execution, 75.

After p. 8. of this. Go on to say by the expedient produced by J.B. & the Memorialists without the Review Chamber I see little less than half the delay struck off: by the Review Chamber, without those[?], more added than struck off.
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  • Title: [1 May 1807 B2 8 (2) (8)]
    Description: 1 May 1807

    B2 8

    (2) (8)

    Letter V

    VIII. Appeal list mutilated

    English Review Chambers

    II. Finance Supply

    Thus much, my Lord, as to the masses of Appeals flowing from Scotland and England respectively into the House of Lords.

    I come now to the masses of Appeal flowing out of the supreme local Courts of judicature in the two kingdoms respectively into receptacles other than the House of Lords: receptacles intermediate between these supreme local Courts and that ultimate seat of judicature. Here of such intermediate Courts of Appeal the numbers are - for Scotland, 0: for England as above 3: the King's Bench in its appellate capacity, with its 8 Judges to hear under the name of Writs of Error, appeals from the Common Pleas: the Exchequer Chamber with its 8 Judges to hear under the like name appeals from the King's Bench: a Court differently composed, under the same name of the Exchequer Chamber, also with 8 Judges, 4 of them the same, 4 of them different from those of the other Court of the same name, to hear under the same name, appeals from the Court of Exchequer.

    So much as to the manufactories of delay; now as to the produce: viz. the comparative amount of it.

    Taking the four Courts in Westminster Hall as standing all of them in their respective capacities of Courts of original jurisdiction on the same level, and with the Court of Session in Edinburgh, let us observe the number of appeals of all sorts sent out of the several respective Courts: a distinction being made, but not any exception, grounded on the nature of the Courts into which they were sent, viz. the ultimate receptacle the House of Lords, and the respective intermediate receptacles.
  • Title: [20 May 1807 A3 Letter V]
    Description: 20 May 1807

    A3

    Letter V

    VIII. Appeal list mutilated

    I. Deficiencies

    But the English part of the account ( let alone the Irish) presents a very different picture. Upon the same level with the one Court at Edinburgh (taking the Inner House of the Court of Session for that one Court) stand in London no fewer than four Courts in Westminster Hall alone: viz. the Chancery, the King's Bench (in its capacity of a Court of original or primary jurisdiction) the Common Pleas, and the Exchequer.

    In the case of the Scotch Appeals whether you call for the Appeals to the House of Lords, meaning from Scotland, or for the Appeals from Scotland simply, it makes no difference: you have one and the same list in both cases.

    Very different is the case with the English Appeals. Call for the Appeals to the House of Lords from Westminster Hall, you get the Appeals called Appeals presented to the House of Lords, and moreover, unless you suffer things to be hidden from you by names, You get the Appeals called Writs of Error, returnable, (as the word now is) to the same supreme seat of appellate judicature.

    Call for the Appeals from the four Westminster Hall Courts above mentioned, you get it is true the same Appeals as those mentioned in the last sentence. But moreover along with these you get the cloud of others brought to view under the last head. You get the Appeals presented under the name of Writs of Error, to the three intermediate Courts of appellate jurisdiction, already depicted under the aforesaid last head of the English Courts of Review.
  • Title: [20 May 1807 A4 Letter V]
    Description: 20 May 1807

    A4

    Letter V

    VIII. Appeal list mutilated

    I. Deficiencies

    From each of these three English Chambers of Review, the complaint of misdecision, after taking a year or so, (as hath been seen) to rest itself travels on and goes up to the House of Lords. And, of the Appeals so presented from the Courts of primary jurisdiction in Westminster Hall, such as are not stopped in any of those half-way houses, form thus a second division of the Appeals from those primary Courts set down in Westminster Hall standing upon the same level with the Inner House at Edinburgh to the House of Lords.