Reports of Cases Heard and Decided in the House of Lords on Appeals and Writs of Error, Vol. 1: During the Sessions 1831, 1832, and 1833 (Classic Reprint)

Excerpt from Reports of Cases Heard and Decided in the House of Lords on Appeals and Writs of Error, Vol. 1: During the Sessions 1831, 1832, and 1833

The judgments of the House of Lords are binding upon all the Courts in England, as well as upon the Lords themselves, so that the law as determined in that Court cannot be altered, save by an Act of Parliament. This fact gives pre-eminent value to these Reports in England; but, from their intrinsic character, they are not less valuable in America. It is safe to say that in no Court in the world does a greater variety of legal ques tions arise; nor do such questions receive so thorough and comprehensive investigations in any other place. The causes that reach that Court are the most varied and important in the country; the counsel who argue them are the best trained and most eminent of the several bars; and the Judges and law Lords who decide them are selected as the greatest and most Cxperienced legal minds in the kingdom. If the Chancellors and law Lords desire aid in determining any particular points, they may call to their assistance the learning and ability of any of the Judges of the Courts of Law or Equity. In such a Court, the ablest discussions of dificult ques tions might be expected.

In addition to the great learning and experience found in this Court, it is the least bound of any of the Courts by precedents and technical or conventional rules. While it gives due weight to rules of law established by long usage and experience, it is always at liberty to dis regard them, if the form has outlived the substance, or if, in the changes of time, they have become obstacles rather than aids to the administration of justice. In no Court are the great questions of natural right and jus tice discussed in so free and comprehensive a manner; and in no Court are precedents of less weight, if they con"ict in any respect with the great principles of right reason.

In these volumes we have the best efforts of such counsel as Sir John Campbell, Sir Frederick Pollock, Sir Thomas Wilde, Sir William Follett, Sir John Jervis, Sir Edward Sugden, Dr. Lushington, Sir Richard Bethell, Sir James Scarlett, and many others of equal celebrity. The judgments are by such Chancellors, law Lords, or Judges, as Lord Eldon, Lord Brougham, Lord Lynd hurst, Lord Cottenham, Lord Wynford, Lord Plunkett, Lord Tenterden, Lord Denman, Chief Justice Tindal, Lord Abinger, and others, who have thrown the greatest light upon English law.

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