Commentaries on the Laws of England, Book the FirstBlackstone, William, Sir
History
Commentaries on the Laws of England, Book the First
Blackstone, William, Sir
Law -- England; Law -- England -- History
INSTANCES of conventions of the peers, to advise the king, have been
in former times very frequent; though now fallen into disuse, by
reason of the more regular meetings of parliament. Sir Edward Coke[d]
gives us an extract of a record, 5 Hen. IV, concerning an exchange of
lands between the king and the earl of Northumberland, wherein the
value of each was agreed to be settled by advice of parliament (if any
should be called before the feast of St Lucia) or otherwise by advice
of the grand council (of peers) which the king promises to assemble
before the said feast, in case no parliament shall be called. Many
other instances of this kind of meeting are to be found under our
antient kings: though the formal method of convoking them had been so
long left off, that when king Charles I in 1640 issued out writs under
the great seal to call a great council of all the peers of England to
meet and attend his majesty at York, previous to the meeting of the
long parliament, the earl of Clarendon[e] mentions it as a new
invention, not before heard of; that is, as he explains himself, so
old, that it had not been practiced in some hundreds of years. But,
though there had not so long before been an instance, nor has there
been any since, of assembling them in so solemn a manner, yet, in
cases of emergency, our princes have at several times thought proper
to call for and consult as many of the nobility as could easily be got
together: as was particularly the case with king James the second,
after the landing of the prince of Orange; and with the prince of
Orange himself, before he called that convention parliament, which
afterwards called him to the throne.
[Footnote d: 1 Inst. 110.]
[Footnote e: Hist. b. 2.]
BESIDES this general meeting, it is usually looked upon to be the
right of each particular peer of the realm, to demand an audience of
the king, and to lay before him, with decency and respect, such
matters as he shall judge of importance to the public weal. And
therefore, in the reign of Edward II, it was made an article of
impeachment in parliament against the two Hugh Spencers, father and
son, for which they were banished the kingdom, "that they by their
evil covin would not suffer the great men of the realm, the king's
good counsellors, to speak with the king, or to come near him; but
only in the presence and hearing of the said Hugh the father and Hugh
the son, or one of them, and at their will, and according to such
things as pleased them[f]."
[Footnote f: 4 Inst. 53.]
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account