Page:The Green Bag (1889–1914), Volume 07.pdf/363

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33Q
The Green Bag.

The origin of this jurisdiction is practi ment, and the Lords became sole judges in cally as follows : the Curia Regis of the old cases of " error. " In the reign of Charles II feudal kings gradually was broken up into it established a right to review the decrees separate courts. One, the King's Bench, of courts of equity; " error" was abolished by dealt with cases concerning the King's inter the judicature rules under the act of 1875; est; a second, the Exchequer, had juris but provision was made for appeals by diction in revenue cases. Disputes between way of rehearing. In 1876 the jurisdiction subject and subject were referred to a third, of the House of Lords was based upon the Court of Common Pleas. There re statute. In that year the Appellate Jurisdic mained, however, in tion Act provided that an appeal shall the sovereign, what lie to the House of Sir William Anson calls " a residuary Lords (subject to certain provisions) power," which "was called into play from any order or where the courts judgment of any of the courts following: were not strong enough to do justice, (]) of Her Majesty's or were deficient in Court of Appeal in rules applicable to England; and (2) the case at issue, or of any courts in were alleged to have Scotland from which decided wrongly." error or an appeal After some inter at or immediately mediate changes of before this act lay to little importance for the House of Lords our present purpose, by common law or the king in council statute; and (3) of (at first the Star any courts in Ireland Chamber and lat for which error or terly the Privy an appeal at or im Council ) became mediately before the THE RT. HON. EARL OF ROSEBERY. the tribunal for the commencement o f determination of this act lay to the cases where, from the greatness of the offender House of Lords by common law or statute. or the magnitude of the issue, the ordinary It is also provided that no appeal shall be courts could not be trusted to do " adequate heard unless there are at least three mem justice. " The king in chancery (by " the bers present who fall within the definition given in the Act of Lords of Appeal. A keeper of his conscience," the Lord Chan cellor) acquired exclusive jurisdiction in all lord of appeal may be (1) the chancellor cases where the rigor of the common law of Great Britain for the time being, (2) a had to be relaxed by supplemental rules, and lord of appeal in ordinary, or (3) a peer of the appellate jurisdiction in cases of error in Parliament who is appointed by letters patent, the common law courts passed into the hands receives a writ of summons to attend the of the House of Lords. In the reign of Henry House of Lords in its legislative capacity, is IV the House of Commons prayed to be a baron for life, enjoys a salary of £6,000 a relieved from the judicial business of Parlia- year, and holds off1ce during good behavior,