Page:The Laws of the Stannaries of Cornwall.djvu/134

128 Reference from Article 30, page 51.

Michaelmas, 4 Eliz. Touching allowing or disallowing writs of error, concerning causes determinable in the Stannary Courts in Cornwall, was, by order of the Lord Chancellor, referred to the Master of the Rolls, and the two Justices: whereupon, hearing council learned on both sides, and on consideration of the antient customs, liberties and charters, they made their report, that they did not think it convenient, that any writs of error should pass, or be suffered to reverse any judgment or execution there depending.

The same case was depending in the Star Chamber, Mich. 7 Eliz. where the bill was dismissed and an order made referring the proceedings on the judgment to the order of the Stannary Court, according to divers customs and liberties ratified by several acts of parliament.—By which it appears that in ease there be any complaint for defect of justice, the same is to be referred in several degrees, first to the Steward, then to the Vice-Warden, and from him to the Lord-Warden, and for default of justice at his hands, to the Prince's privy council; and not examinable here or in any other court.

Michaelmas Term, 4 James. No writ of of error lieth upon any judgment given in the courts of the stannaries, but the remedy given to the party grieved is by appeal, as hath been time out of mind of man accustomed.

Resolved by all the Judges.