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
Two conferences between the houses, according to the usage of
parliament, ensued, in order to reconcile this dispute. But it was too
material in itself, and aggravated by too much previous jealousy, for
any voluntary compromise. The precedents alleged to prove an original
jurisdiction in the peers were so thinly scattered over the records of
centuries, and so contrary to the received principle of our
constitution that questions of fact are cognisable only by a jury,
that their managers in the conferences seemed less to insist on the
general right, than on a supposed inability of the courts of law to
give adequate redress to the present plaintiff; for which the judges
had furnished some pretext on a reference as to their own competence
to afford relief, by an answer more narrow, no doubt, than would have
been rendered at the present day. And there was really more to be
said, both in reason and law, for this limited right of judicature
than for the absolute cognisance of civil suits by the Lords. But the
Commons were not inclined to allow even of such a special exception
from the principle for which they contended, and intimated that the
power of affording a remedy in a defect of the ordinary tribunals
could only reside in the whole body of the parliament.
The proceedings that followed were intemperate on both sides. The
Commons voted Skinner into custody for a breach of privilege, and
resolved that whoever should be aiding in execution of the order of
the Lords against the East India Company should be deemed a betrayer
of the liberties of the commons of England, and an infringer of the
privileges of the house. The Lords, in return, committed Sir Samuel
Barnardiston, chairman of the company, and a member of the House of
Commons, to prison, and imposed on him a fine of £500. It became
necessary for the king to stop the course of this quarrel, which was
done by successive adjournments and prorogations for fifteen months.
But on their meeting again in October 1669, the Commons proceeded
instantly to renew the dispute. It appeared that Barnardiston, on the
day of the adjournment, had been released from custody, without demand
of his fine, which by a trick rather unworthy of those who had
resorted to it, was entered as paid on the records of the exchequer.
This was a kind of victory on the side of the Commons; but it was
still more material that no steps had been taken to enforce the order
of the Lords against the East India Company. The latter sent down a
bill concerning privilege and judicature in parliament, which the
other house rejected on a second reading. They in return passed a bill
vacating the proceedings against Barnardiston, which met with a like
fate. In conclusion, the king recommended an erasure from the journals
of all that had passed on the subject, and an entire cessation; an
expedient which both houses willingly embraced, the one to secure its
victory, the other to save its honour. From this time the Lords have
Public-domain text, read in full here on John Shaqi.
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