which is to be accurately noted:--
"Whereupon _all and singular the premises being seen and fully
understood_ by the court of our said Lady the Queen now here, it is
considered and adjudged by the said court here, that the said Daniel
O'Connell, FOR HIS OFFENCES AFORESAID, do pay a fine to our Sovereign
Lady the Queen of two thousand pounds, and be imprisoned," &c., and
"enter into recognisances to keep the peace, and to be of good behaviour
for seven years," &c. Corresponding entries were made concerning the
other defendants respectively.
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._
The judges of England were summoned _to advise_[7] the House of Lords:
from the _Queen's Bench_, Justices Patteson, Williams, and Coleridge,
(Lord Denman, the Chief-Justice, sitting in judgment as a pee
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