Page:William Blackstone, Commentaries on the Laws of England (1st ed, 1768, vol III).djvu/68

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56
Private
Book III.

to determine cauſes upon writs of error from the common law ſide of the court of exchequer. And to that end it conſiſts of the lord treaſurer, the lord chancellor, and the juſtices of the king's bench and common pleas. In imitation of which, a ſecond court of exchequer chamber was erected by ſtatute 27 Eliz. c. 8. conſiſting of the juſtices of the common pleas, and the barons of the exchequer; before whom writs of error may be brought to reverſe judgments in certain ſuits originally begun in the court of king's bench. Into the court alſo of exchequer chamber, (which then conſiſts of all the judges of the three ſuperior courts, and now and then the lord chancellor alſo) are ſometimes adjourned from the other courts ſuch cauſes, as the judges upon argument find to be of great weight and difficulty, before any judgment is given upon them in the court below[1].

From all the branches of this court of exchequer chamber, a writ of error lies to

X. The houſe of peers, which is the ſupreme court of judicature in the kingdom, having at preſent no original juriſdiction over cauſes, but only upon appeals and writs of error; to rectify any injuſtice or miſtake of the law, committed by the courts below. To this authority they ſucceeded of courſe, upon the diſſolution of the aula regia. For, as the barons of parliament were conſtituent members of that court, and the reſt of it's juriſdiction was dealt out to other tribunals, over which the great officers who accompanied thoſe barons were reſpectively delegated to preſide; it followed, that the right of receiving appeals, and ſuperintending all other juriſdictions, ſtill remained in that noble aſſembly, from which every other great court was derived. They are therefore in all cauſes the laſt reſort, from whoſe judgment no farther appeal is permitted; but every ſubordinate tribunal muſt conform to their determinations. The law repoſing an entire confidence in the honour and conſcience of the noble perſons who compoſe this important aſſembly, that they

  1. 4 Inſt. 119. 4 Bulſtr. 146.
will