The Statesman.
London, England, 1818-12-05 00:00:00

',"44

_-.••••

,TO THE EDITOR OF THE
--.10.--.

Mil N.

Ste,—The answer to a letter signed an ENGLISH-
MAN, I perceive is in the SrarEsmes of the 24th of
November, under the signature of JURIDICUS.
The eaquiries relative to the Acts of Sederunt, and
the nature and extent of the official character deno-
minated the Procurator Fiscal in Scotland, was the
subject—the letter requested a wish that some person
versant in the Law of Scotland would explain the
meaning ; it expressed a desire to know under what
authority, any power in that kingdom could dare re-
scind, alter, or otherwise, any of the Statutes made
and passed by the Legislative Authorities in Eugland,
Without hoeing the sanction of Parliament.
JURIDICHS gives the opinion of Chief Justice
Bon, when speaking of the Acts of Sederant, viz.
66 I take this opportunity to tell you, Sir, that Acts
Of Sederunt are the law of the land," and that our
Judges here " do not care what the Acts of the Bri.
doh Parliament say, because they hold that there is
Mower paramount to all Acts of Parliament, sad
that is the power of right reason, to which Kings and
Parliament most be subject."
By this we aroto understand the Lords of Coen-
all and Session have for a long time exercised the
right of legislating by Acts of Sederunt, or Rules of
Omit, within the precincts of Scotland, when they
find that any of our Statutes does not exactly suit
them, or, as they say, have not been enacted by the
power of right reason, and that nothiog wrong can
arise from their defect in judgment, as they are the
-eery pick of wisdom,
iv KIDICUS then quotes a Scottish Statute of Wit,.
LIAM. chap. 25, that 66 na foole nor wicked man
WM4 he aneJudge: because sine foole be ignorance,
and sine wicked men be avarice, will corrupt justice,
ice." Under this provision, he says, no mischief can
possibly arise from the want of right reason in the
Scotch Judges, or in its application, therefore agrees.
ble to Junittcus's ideas the British Parliament sup-
port the right of Scotch Judges legislating and re.
scindina when Parliament exercises not that right
reason in their Statutes : so in that country it appears
the Judges perform a double function, via. Law-
givers and Judges.
JUIDDICUS states the People of Scotland to have
bet little interest in what their Representatives do
in Scotch affairs, because, be says, the Minister for
Scotland directs his Judges to rescind all the Statutes
which he finds have been parsed incorrectly, and
which do not 'meet with the sense of the Scottish
Judges.
Ile acknowledges, however, it is highly proper the
British Parliament should be consulted in every le.
•gislative measure relating to England and Ireland,
because the People in these countries recognise no
other authoOty than Clic of Parliament ; bat in
Scotland there is no supreme authority which can
prevent the effect of the Statutes of Parliament, and
which is authorised to rescind them.
.1 away.= informs we, Scotland has been hitherto
held as a very learned nation, and so long as the in-1
terests of England and Ireland are so deeply affected
by the Acts of the British Parliament, Scotland will I
always feel disposed to give her best advice, and con•
tiny. to send 45 (rather an ominous number) learned
Knights and Burgesses to prevent, as far as in them
Lies, from the want of the right use of reason, in the
legislative Acts of Parliament, to pass, which may be
hurtful to the interests of these nations.
Now, Sir, how Juartitcus is to be answered, I
am really at a loss. These Acts of Sederunt are
strange things to the mind of an Englishman ; and
were it not for the authority JURIPICIIS quotes in
'the answer given by Chief Justice Hon, I certainly
should think him is a situution to be accommodated
with a straight jacket. What, Sir, tell us that in
Scotland their Judges can rescind and alter our Sta-
tutes, made in the British House of Parliament, end
the only wisdom belonging to the Three Estates is
confined to Scotland!—Right reason is monopolized
indeed ! And then the idea of sending us forts.
fire of their learned men to prevent, as far as in
them lies, any neglect in the right use of reason,
when any Legislative Ads of Parliament puss which
may be hurtful to the interests of Bailout and Ire.
land, is rery excellent.
Juatuicos has certainly given an explanation of
these Acts of Sederunt ; well may the Scotch Peo-
ple complain of their Comte of Judicature as seas.
.lious, frivtlous, litigious, and expensive. If these
things can, or are done, I trust the New Parlia-
ment, when it assembles will not be unmindful of
these precious Acts of Sederunt, but endeavour
fo convince the forty-five wise sad learned men, as
well as JURIDICUS, there is as much right reason in
England and Ireland as ever existed in Scotland.
AN ENGLISHMAN.

A new Comedy is in rehearsal at Covent-garden
Theatre, in which Mr. W. FARREN will perform •
principal deriver.
Mrs. DAvtlos commenced her engagement, for
four slights, at the Colchester Theatre, on Thursday
esening, and attracted an elegant audience.
Miss SOMEILVILLE is engaged to perform two
nights at the Windsor Theatre, iu the characters of
Bianca and Belvidera. _ .

. Miss S. Boo Tit is now the favourite actress of the
Stafford Theatre, at which she is engaged to perform
a limited number of nights.
A NAORAM.—The wits of Paris have found out an
apt Anagram in the words" La Sainte Alliance :"
an easy transformation of the letters in the last word,
forms the espressiive terra of LA SAINTE CANAILLE.
in illustration of this term, a book is threatened,
under the titl► of " Les Bassesses des Souverains
allies divers NAPOLEON Bo NJP4 RTE."
Signs of the Time:, or, the difference between the
?resent days and those of our ances►ors :
We see a hundred men hanged where they saw one.
We see five hundred transported where they taw one.
We see five thousand in the workhouse where they saw one.
' We see scores of Bible Societies where they saw now.
We see paps r u here they saw gold.
We see men in stays where they saw men in armour.
We see paintill faces where they saw healthy ones.
We see children perishing in manufactories where they saw
them Ilustrnbing in the fields.
We tee prisons where they saw castles.
We see Hunt. n w here they saw representatives.
In short, they taw true meu where we see false knaves.
hey saw iiiturost and we see Mr. S'lP.a. T.

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