The Bill went to the Upper House, and came back with an important amendment. The Lords had long complained of the anomalous and iniquitous constitution of that tribunal which had jurisdiction over them in cases of life and death. When a grand jury has found a bill of indictment against a temporal peer for any offence higher than a misdemeanour, the Crown appoints a Lord High Steward; and in the Lord High Steward's Court the case is tried. This Court was anciently composed in two very different ways. It consisted, if Parliament happened to be sitting, of all the members of the Upper House. When Parliament was not sitting, the Lord High Steward summoned any twelve or more peers at his discretion to form a jury. The consequence was that a peer accused of high treason during a recess was tried by a jury which his prosecutors had packed. The Lords now demanded that, during a recess as well as during a session, every peer accused of high treason should be tried by the whole body of the peerage. The demand was resisted by the House of Commons with a vehemence and obstinacy which men of the present generation may find it difficult to understand. The truth is that some invidious privileges of peerage which have since been abolished, and others which have since fallen into entire desuetude, were then in full force, and were daily used. No gentleman who had had a dispute with a nobleman could think, without indignation, of the advantages enjoyed by the favoured caste. If His Lordship were sued at law, his privilege enabled him to impede the course of justice. If a rude word were spoken of him, such a word as he might himself utter with perfect impunity, he might vindicate his insulted dignity both by civil and criminal proceedings. If a barrister, in the discharge of his duty to a client, spoke with severity of the conduct of a noble seducer, if an honest squire on the racecourse applied the proper epithets to the tricks of a noble swindler, the affronted patrician had only to complain to the proud and powerful body of which he was a member. His brethren made his cause their own. The offender was taken into custody by Black Rod, brought to the bar, flung into prison, and kept there till he was glad to obtain forgiveness by the most degrading submissions. Nothing could therefore be more natural than that an attempt of the Peers to obtain any new advantage for their order should be regarded by the Commons with extreme jealousy. There is strong reason to suspect that some able Whig politicians, who thought it dangerous to relax, at that moment, the laws against political offences, but who could not, without incurring the charge of inconsistency, declare themselves adverse to any relaxation, had conceived a hope that they might, by fomenting the dispute about the Court of the Lord High Steward, defer for at least a year the passing of a bill which they disliked, and yet could not decently oppose. If this really was their plan, it succeeded perfectly.