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
This half-suppressed jealousy soon disclosed itself in the famous
controversy between the two houses about the case of Skinner and the
East India Company. This began by a petition of the former to the
king, wherein he complained, that having gone as a merchant to the
Indian seas, at a time when there was no restriction upon that trade,
the East India Company's agents had plundered his property, taken away
his ships, and dispossessed him of an island which he had purchased
from a native prince. Conceiving that he could have no sufficient
redress in the ordinary courts of justice, he besought his sovereign
to enforce reparation by some other means. After several ineffectual
attempts by a committee of the privy council to bring about a
compromise between the parties, the king transmitted the documents to
the House of Lords, with a recommendation to do justice to the
petitioner. They proceeded accordingly to call on the East India
Company for an answer to Skinner's allegations. The company gave in
what is technically called a plea to the jurisdiction, which the house
over-ruled. The defendants then pleaded in bar, and contrived to delay
the enquiry into the facts till the next session; when the proceedings
having been renewed, and the plea to the Lords' jurisdiction again
offered, and over-ruled, judgment was finally given that the East
India Company should pay £5000 damages to Skinner.
Meantime the company had presented a petition to the House of Commons
against the proceedings of the Lords in this business. It was referred
to a committee, who had already been appointed to consider some other
cases of a like nature. They made a report, which produced resolutions
to this effect; that the Lords, in taking cognisance of an original
complaint, and that relievable in the ordinary course of law, had
acted illegally, and in a manner to deprive the subject of benefit of
the law. The Lords in return voted, "that the House of Commons
entertaining the scandalous petition of the East India Company against
the Lords' house of parliament, and their proceedings, examinations,
and votes thereupon had and made, are a breach of the privileges of
the House of Peers, and contrary to the fair correspondency which
ought to be between the two houses of parliament, and unexampled in
former times; and that the House of Peers, taking cognisance of the
cause of Thomas Skinner, merchant, a person highly oppressed and
injured in East India by the governor and company of merchants trading
thither, and over-ruling the plea of the said company, and adjudging
£5000 damages thereupon against the said governor and company, is
agreeable to the laws of the land, and well warranted by the law and
custom of parliament, and justified by many parliamentary precedents
ancient and modern."
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.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account