Constitutional History of England, Henry VII to George II. Volume 3 of 3Hallam, Henry
History
Constitutional History of England, Henry VII to George II. Volume 3 of 3
Hallam, Henry
Constitutional history -- Great Britain
_Judicial powers of the lords historically traced._--The original
constitution of England was highly aristocratical. The peers of this
realm, when summoned to parliament (and on such occasions every peer
was entitled to his writ), were the necessary counsellors and
coadjutors of the king in all the functions that appertain to a
government. In granting money for the public service, in changing by
permanent statutes the course of the common law, they could only act
in conjunction with the knights, citizens, and burgesses of the lower
house of parliament. In redress of grievances, whether of so private a
nature as to affect only single persons or extending to a county or
hundred, whether proceeding from the injustice of public officers or
of powerful individuals, whether demanding punishment as crimes
against the state, or merely restitution and damages to the injured
party, the Lords assembled in parliament were competent, as we find in
our records, to exercise the same high powers, if they were not even
more extensive and remedial, as the king's ordinary council, composed
of his great officers, his judges, and perhaps some peers, was wont to
do in the intervals of parliament. These two, the Lords and the privy
council, seem to have formed, in the session, one body or great
council, wherein the latter had originally right of suffrage along
with the former. In this judicial and executive authority, the Commons
had at no time any more pretence to interfere than the council, or
the Lords by themselves, had to make ordinances, at least of a general
and permanent nature, which should bind the subject to obedience. At
the beginning of every parliament numerous petitions were presented to
the Lords, or to the king and Lords (since he was frequently there in
person, and always presumed to be so), complaining of civil injuries
and abuse of power. These were generally indorsed by appointed
receivers of petitions, and returned by them to the proper court
whence relief was to be sought.[30] For an immediate inquiry and
remedy seem to have been rarely granted, except in cases of an
extraordinary nature, when the law was defective, or could not easily
be enforced by the ordinary tribunals; the shortness of sessions, and
multiplicity of affairs, preventing the upper house of parliament from
entering so fully into these matters as the king's council had leisure
to do.
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