§. 5. V. The statute of Rutland 10 Edw. 1. E. & I. which Jurisdiction of contains several clauses touching the recovery of the king's the exchequer. 10 Elw. 1. E. & L. c. 4. E. & I. debts, provides, (s. 11.) that no plea shall be holden or pleaded in the exchequer, unless it specially concerns the king or his ministers. And the 28 Edw. 1. st. 3. c. 4. E. & I. also enacts, that no common pleas shall be holden in the exchequer contrary to the form of the great char38 Hen. 6. c. 1. ter. The 38 Hen. 6. c. 1. Ir. recites a writ of king Edward III. to the barons of the exchequer of Ireland, forPenalty for other bidding them to entertain causes in that court, save at the than ministers of the exchequer suit of the king, or of the ministers of the exchequer, &c. suing there, Ir. § 6. chancery. 12Edw.1. st. 1. and enacts, that whoever shall sue in said court, unless party VI. With respect to the court of chancery; the statutes Jurisdiction of respecting its jurisdiction as a court of equity will be stated in another place; but as to its juridical authority as c.24. s.2. E. &I. a legal court, the 13 Edw. 1. st. 1. c. 24. s. 2. E. & I. provides, that whensoever in one case a writ shall be found in the chancery, and in a like case falling under the same right, and requiring like remedy, no precedent of a writ can be produced, the clerks in chancery shall agree in forming a new one; and if they cannot agree, it shall be adjourned to the next parliament, where a writ shall be framed by consent of the learned in the law. It 5 Eliz. c. 18. is proper here also to refer to the 5 Eliz. c. 18. Eng. Eng. which declares, that the keeper of the great seal may have, use, and execute, as of right belonging to his office, the same place, authority, pre-eminence, jurisdiction, execution of laws, and all other customs and advan1 W. & M. st. 1. tages, as the lord chancellor. And by the 1 W. & M. c. 21. s. 2. Eng⚫ st. 1. c. 21. s. 2. Eng. commissioners for executing Lords commis- the office of lord chancellor, or lord keeper of the co Lord keeper equal with lord chancellor. sioners alse. great seal, may use and exercise, as of right, the same offices, authority, jurisdiction, and execution of laws, and all other customs, privileges, and advantages, *Vide. vol. 1, which the lord chancellor or lord keeper ought.* And by s. 3. one commissioner may hear motions, and give orders touching interlocutory proceedings, in any P. 359. s. 3. cause cause, so as he shall not in the absence of the others make any decrees, or put the great seal to any thing whereunto the whole broad seal ought to be affixed, unless there be two commissioners present. No statute has been passed in Ireland corresponding or analogous to the 5 Eliz. c. 18. Eng. or 1 W. & M. st. 1. c. 21. Eng. Provi o. c. 12. E. & 1. VII. The court of exchequer chamber was first es$7. tablished as a court of appeal by the 31 Edw. 3. st. 1. Jurisdiction of Exchequer c. 12. E. & I. which provides, that where a man com- chamber. plaineth of error in the exchequer, the chancellor and 31 Edw. 3. st. 1. treasurer shall cause to come before them in any chamber of council nigh the exchequer, the record of the process, taking to them the justices and other sage persons; and shall cause to be called before them the barons of the exchequer to hear the causes of their judgments; and if error be found, they shall correct and amend the rolls, and send them into the exchequer to make execution. And by the 31 Eliz. c. 1. s. 1. Eng. the not com- 31 Eliz. c. 1. ing of the lord chancellor and lord treasurer, or either of s. 1. Eng. them, at the day of adjournment in any suit of error depending by virtue of the 31 Edw. 3. shall not be any discontinuance of such writ of error; but if both the chief justices of either bench, or any one of the said great officers, the lord chancellor or lord treasurer, shall come to the exchequer chamber, and there be present at the day of adjournment, the suit shall proceed. Provided that no judgment shall be given in any such writ of error, unless both the lord chancellor and lord treasurer be present. And by the 16 Car. 2. c. 2. Eng. the not com- 16 Car. 2. c. 2. ing of the lord chancellor and lord treasurer, or either of Eng. them, at the day of return of any writ of error sued forth by virtue of the 31 Edw. 3. c. 12. shall not cause any abatement or discontinuance; but if either of the chief when dispensed justices, or the lord chancellor or lord treasurer, shall come to the exchequer chamber at the day of return, the suit shall proceed. Provided that no judgment be given, unless both the lord chancellor and lord treasurer be present. But by the 20 Car. 2. c. 4. Eng. judgment may go Car... 4. be given in writs of error in the exchequer in the pre- Eng. sence of the lord keeper, notwithstanding the vacancy of a lord Proviso. Presence of cer tain members with. Iroviso. 27 Eliz. c. S. a lord treasurer. Eng. exchequer cham ber. By the 27 Eliz. c. 8. Eng. where any judgment shall be given in the king's bench, in any action Second court of of debt, detinue, covenant, account, action upon the case, ejectione firme, or trespass, first commenced there, (other than such only where the queen shall be party) the plaintiff or defendant against whom judgment shall be given, may sue forth out of chancery a special writ of error, directed to the chief justice of the king's bench, commanding him to cause the said record, and all things concerning the said judgment, to be brought before the justices of the common bench and barons of the exchequer into the exchequer chamber, to be examined by the said justices and barons; which justices of the common bench, and such barons of the exchequer as are of the coif, or 6 of them at the least, shall thereupon have power to examine all such errors as shall be assigned or found in such judgment, and thereupon to reverse or affirm the judgment; other than for errors concerning the jurisdiction of the court of king's bench, or for want of form in any writ, return, plaint, bill, declaration, or other pleading, process, verdict or proceeding; and after the judgment shall be affirmed or reversed, the record, and all things concerning the same, shall be brought back into the court of king's bench for execution, &c. But the party grieved therewith may sue in parliament for the further examination of said judgment. And by the 31 Eliz. c. 1. s. 2. Eng. if the full number of justices and barons authorized by the 27 Eliz. c. 8. come not at the What number of day of the return or continuance of any writ of error directed by that act, it shall be lawful for any three of the justices and barons to receive writs of error, to award process, and to prefix days of continuance. Provided (s. 3.) that no judgment be given in any such suit of error, unless it be by the full number of justices and baAnd provided (s. 4.) that the party against whom judgment is given in the king's bench, may at his election sue in parliament for the reversal of such judgment, as hath been accustomed. The 15 Car. 1. c. 5. Ir. 8 Geo. 1. c. 6. s. 2. Ir. and 1 Geo. 2. c. 17. s. 3. Ir. contained provisions nearly corresponding to the 31 Eliz. c. 1. s. 1. & 2. Eng. 16 Car, 2. c. 2. Eng. and 20 Car. 2. c. 4. 51 Eliz c. 1. s. 2. Eng. members neces sary to be pre sent. s. 3. Proviso. S. 4. rons. Eng. Eng. But no such court of exchequer chamber as was established by the 27 Eliz. c. 8. Eng. ever existed in Ireland. Court of Fache quer Chamber in 40Geo. 3. c 39. 8. 2. Upon the union of Great Britain and Ireland a new court of error was constituted by the 40 Geo. 3. c. 39. Ir. Ireland. which enacts, that it shall not be lawful to sue forth any s. 1. Ir. writ of error to the court of king's bench, to reverse any judgment of the court of law before the king in chancery, or to reverse any judgment of the court of common pleas, or to sue forth any writ of error to the court now holden before the chancellor or treasurer, commonly called the exchequer chamber, to reverse any judgment of the court of exchequer; or to sue any writ of error returnable directly to parliament to reverse any judgment of the court of king's bench. And by s. 2. where judgment hath been given for the reversal whereof a writ of error may now How writs of erbe brought, and where judgments shall be given in any ror shall be of the said courts of king's bench, in law before the king brought. in chancery, of common pleas, and of exchequer, writs of error may be sued forth of the chancery, commanding transcripts of the records of such judgments repectively, to be brought before the chief justices and chief baron, and other justices and barons, of the courts of K. B. C. B. and Exc. into a chamber to be appointed by the chief governor of Ireland, and to be called the exchequer chamber; and the said chief justices and chief baron, and 9 Judges necesother justices and barons, or any 9 of them, shall have sary to constitute power to examine such judgments, and to reverse or affirm the same, and to award such judgment as to law and justice shall pertain, and to send writs to the courts from which such transcripts shall be brought, directing such courts to cause execution to be done, as if the judgment had been originally awarded therein; and further to award such costs, moderate, reasonable, or exemplary, as to them shall appear just. But by s. 3. writs of error may be sued in the high court of parliament, by any party aggrieved by any judgment of the said chief justices, lament. chief baron, justices and barons. This clause provides, that it shall be lawful for the court of king's bench, and the said court called the exchequer chamber, to proceed to judgment in all cases now depending before thei upon court. 8.3. Appeal to par 27 Eliz. c. S. a lord treasurer. Eng. ber. By the 27 Eliz. c. 8. Eng. where any judgment shall be given in the king's bench, in any action Second court of of debt, detinue, covenant, account, action upon, the exchequer chamcase, ejectione firme, or trespass, first commenced there, (other than such only where the queen shall be party) the plaintiff or defendant against whom judgment shall be given, may sue forth out of chancery a special writ of error, directed to the chief justice of the king's bench, commanding him to cause the said record, and all things concerning the said judgment, to be brought before the justices of the common bench and barons of the exchequer into the exchequer chamber, to be examined by the said justices and barons; which justices of the common bench, and such barons of the exchequer as are of the coif, or 6 of them at the least, shall thereupon have power to examine all such errors as shall be assigned or found in such judgment, and thereupon to reverse or affirm the judgment; other than for errors concerning the jurisdiction of the court of king's bench, or for want of form in any writ, return, plaint, bill, declaration, or other pleading, process, verdict or proceeding; and after the judgment shall be affirmed or reversed, the record, and all things concerning the same, shall be brought back into the court of king's bench for execution, &c. But the party grieved therewith may sue in parliament for the further examination of said judgment. And by the 31 Eliz. c. 1. s. 2. Eng. if the full number of justices and barons authorized by the 27 Eliz. c. 8. come not at the What number of day of the return or continuance of any writ of error directed by that act, it shall be lawful for any three of the justices and barons to receive writs of error, to award process, and to prefix days of continuance. Provided (s. 3.) that no judgment be given in any such suit of error, unless it be by the full number of justices and baAnd provided (s. 4.) that the party against whom judgment is given in the king's bench, may at his election sue in parliament for the reversal of such judgment, as hath been accustomed. The 15 Car. 1. c. 5. Ir. 8 Geo. 1. c. 6. s. 2. Ir. and 1 Geo. 2. c. 17. s. 3. Ir. contained provisions nearly corresponding to the 31 Eliz. c. 1. s. 1. & 2. Eng. 16 Car. 2. c. 2. Eng. and 20 Car. 2. c. 4. 51 Eliz c. 1 s. 2. Eng. members neces sary to be pre sent. s. 3. Proviso. s. 4. rons. Eng. |