date

Elucidations to Tables IX, X, and XI
Elucidations to Tables IX, X, and XI

(b)

(Writs of Error) In English and Irish Common Law Courts, Appeals are called Writs of Error: in English and Irish Equity Court causes, as well as in [...?] Spiritual Court & Admiralty Court causes, they are called Appeals: so likewise in all such Scotch causes as came before the House of Lords.

In the whole sheet Table of Standing Orders of the House, dates A o 1804, I therein ordered to "be printed & published & affixed on the doors of this House" (the House of Lords) "to the [...?] all persons that shall be therein concerned, may the letter take notice of the same[?]," in the title as well as in the body of the paper, Writs of Error occupying the first place.

The declared principal object of the document in question being to bring to view the amount of the demands made, upon the House of Lords for such part of its time as could with propriety be allotted to the exercise of its appellate jurisdiction, if the cognizance of the Appeals called Writs of Error occupied any portion of that time, the reason, for stating the portion of time occupied, applied no less pointedly to this sort of Appeals, than to any of the others: &[?] the number of Writs of Error, as the appropriate column shews & has been much greater than that of all the other Appeals put together.

In the contrary case, viz. if by the Appeals called Writs of Error, in portion as all of the time of the House was occupied, then, so far as the time of the House was the sole object, the reasons for bringing to view the others would not extend to these.

In the Ulterior [...?] (art. 4) to these Tables & in [...?] (art. 4 to Table XII, in the case of the Appeals called Writs of Error, presented to two of the three English subordinal Chambers of Review, in the King's Bench & that[?] men[?] of the[?] [...?] Exchequer Chambers, which sits over the King's Bench, the number of
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  • Title: [Elucidations to Tables IX X XI At]
    Description: Elucidations to Tables IX X XI

    At the close of the first of the two periods comprized in these accounts, came the Union between Great Britain and Ireland; stated[?] by the Statute 39 & 40 G.3.c.67 2 d July A o 1800 antecedently to the Irish Emancipation Act 23 G.3.c.28, of the appeals called Writs of Error, such as were presented from the Irish Court of King's Bench used to be presented - not to the Scotch House of Lords, nor to the Irish Exchequer Chamber, but to the English Court of King's Bench. By the act ('. 2.) all appeals of both denominations were forbidden to be received by any English Court, from any Irish Court. In consequence, the Writs of Error, which till then had gone from the Irish King's Bench, to the English King's Bench, went thereforward to the Irish House of Lords. When, by Article 8 th of Union, the state &[?] judicature came to be fixed, the superordinate jurisdiction, of the English King's Bench over the Irish King's Bench, was not restored[?]: but all such appeals , of either sort, as, during the period of emancipation, had gone to the Irish House of Lords, were, without exception, (consequently those that, before the emancipation had gone to the English King's Bench) made over to the House of Lords of the United Kingdom.
  • Title: [2 Jan y 1808 Elucidations to Tables]
    Description: 2 Jan y 1808

    Elucidations to Tables IX, X, XI

    At the date of the first of the two periods comprized in those accounts, came the Union between Great Britain and Ireland, effected by the Statute 39 and 40 G.3.e.67 2 d July A o 1800. Antecedently to the Irish Emancipation Act 23 G.3.c.28. of the Appeals called Writs of Error such as were presented from the Irish Court of King's Bench and to be presented - not to the Irish House of Lords nor to the Irish Exchequer Chamber but[?] to the English Court of King's Bench. By that Act ('. 2.) all Appels of both denominations were forbidden to be received by any English Court from any Irish Court. When by Article 8 th of the Act of Union the state of judicature came to be fixed, the superordinate jurisdiction of the English King's Bench over the Irish King's Bench was not restored: but all such Appeals of either sort as, during the period of emancipation, had gone to the Irish House of Lords, were without exception, consequently those that before the emancipation had gone to the English King's Bench, made over to the House of Lords of the United Kingdom.

    At this conjecture, the House (as may be seen in the Table), was already labouring under the incapacity of answering the draught already made upon its justice by antecedent titles. A denial of justice already existing, and manifestly destined to encrease received thus an aggravation from positive law. Of the Minister by whom this Union was brought forward and the arrangements of it settled, the most active and confidential assistant was an Honourable Gentleman, now Right Honourable, who, in his character of Clerk of the Parliaments, principal Officer of the House of Lords, had not a little to gain by this injustice, and nothing at all to lose by it, moreover lest the profit derived from such a source should come[?] too soon, it had already been continued in the same family, for and during the term of a young life, by reversionary[?] grant, bearing date in October 1795. In the House of Commons Account of Plans for life ie.[?] Order for printing dated 8 th Feb y 1802: p.7. The year's profit was at that time stated at ,3,300. If ,[?] must [...?] as these Tables shew, have received no inconsiderable encrease; and it seems destined to go on encreasing, in proportion to the distress of the injured and the triumph of the wrongdoers. For ulterior exemplifications of the effects produced in this way by the fee-gathering system, see Elucidations to Table XII. (d)
  • 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.