Blackwood's Edinburgh Magazine, Volume 56, Number 349, November, 1844Various
History
Blackwood's Edinburgh Magazine, Volume 56, Number 349, November, 1844
Various
England -- Periodicals; Scotland -- Periodicals
This Writ of Error, addressed to the Chief-Justice of the Queen's Bench
in Dublin, reciting (in the usual form) that "MANIFEST ERRORS, it was
said, had intervened, to the great damage" of the parties concerned;
commands the Chief-Justice, "distinctly and plainly, _to send under his
seal the record of proceedings_ and writ, to Us in our present
Parliament, now holden at Westminster; that the record and proceedings
aforesaid having been inspected, we may further cause to be done
thereupon, with the consent of the Lords Spiritual and Temporal, in
Parliament assembled, for correcting the said errors, what of right, and
according to the law and customs of this realm, ought to be done." The
writ of error, accompanied by a transcript of the entire record of the
proceedings below, having been duly presented to the House of Lords,
then came the "_assignment of errors,_" prepared by the counsel of the
plaintiffs in error--being a statement of the grounds for imputing
"manifest error" to the record; and which in this case were no fewer
than thirty-four. The Attorney-General, on the part of the crown, put in
the usual plea, or joinder in error--"_In nullo est erratum;" Anglice_,
that "_there is no error in the record._" This was in the nature of a
demurrer,[6] and referred the whole record--and, be it observed,
_nothing but_ THE RECORD--to the judgment of the House of Lords, as
constituting the High Court of Parliament. It is a cardinal maxim, that
upon a writ of error the court _cannot travel out of the record_; they
can take judicial notice of nothing but what appears upon the face of
the record, sent up to them for the purpose of being "inspected," to see
if there be any error _therein._
Public-domain text, read in full here on John Shaqi.
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