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3 Novr 1807

composed, relation being had to the several judicatories next below, to verify
this supposition how conditions are requisite, viz. a deficiency
in this article in endowment on the part of those subordinate courts, and at the
same time no deficiency or no equal deficiency on the part
of this supreme Court. But if the fulfilment of the first of
those conditions the and fulfilment be regarded pronounced deemed as doubtless it
will be deemed pronounced a very unfrequently exemplified and highly
improbable state of things, the fulfilment of both together must
be regarded as a state of things still more improbable.

If legal science be tne endowment looked to – legal
science adapted to the particular nature of each case – the
chances of superior probability if in favour of superiority on the part of
the supreme judicatory will be found still less.

In English law in a common law case, when under
the name of a Writ of Error an Appeal is presented to the
House of Lords, the judicatory appealed from is composed
either of four of the 12 Common Law Judges – viz
those of the King's Bench, or eight of the same Judges, viz.
the Judges of the Exchequer Chamber including in both cases at any rate
the four Judges of the Common Pleas, with the addition either
of the four Judges of the King's Bench or the four Judges
called Barons of the Exchequer, according as the Court appealed
from is the Exchequer or the King's Bench. In each of
these the eight Judges, or even in each of the four Judges the stock of legal science, viz. of that
branch of it which belongs to Common Law must be in a
very extraordinary degree small, if the stock of that same
branch of science contained in the breast of the one Equity
Judge the Chancellor (for on this ground to profess to ascribe
any superiority to either the noble Chairman or the Right
Reverend Bishop Prelate would be but mockery) be superior to it.

Identifier: | JB/106/214/001
"JB/" can not be assigned to a declared number type with value 106.



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