Great Britain. Parliament; Great Britain. Parliament -- History; Representative government and representation
[162] "If we wish to be in a state of security," he said, in 1859, "if
we wish to maintain our great interests, if we wish to maintain our
honour, it is necessary that we should have a power measured by that
of any two possible adversaries."
[163] H. Crabb Robinson's "Diary," vol. iii. p. 453.
In his Court of Chancery the Lord Chancellor formerly exercised a vast
jurisdiction. At one time all writs were issued from this Court, and
he was not only considered the guardian of all "children, idiots, and
lunatics," but, as Blackstone says, "had the general superintendance
of all charitable uses in the Kingdom," and was the visitor of all
hospitals of royal foundation.[164] His former duties in these
respects have to some extent been delegated to other judges and
officers, acting in his name; the issuing of writs, though also in his
name, has been transferred to the Central Office, and the jurisdiction
of the Court of Chancery removed to the Chancery Division of the High
Court of Justice.
[164] "Commentaries," vol. iii. p. 47.
His judicial position, however, is probably greater than ever. He is
head of the Law and of the Judges--a vast though still, perhaps,
inadequate number--President of the High Court of Justice and of the
Court of Appeal, and, above all, of the highest and final Court of the
realm, the House of Lords. Here he sits continuously, with occasional
excursions to preside over the Judicial Committee of the Privy Council
to which come all appeals from India and the Colonies. As the only
legal member of the Cabinet, he is virtually chief law officer of the
Crown, and questions of domestic or international law are submitted
for his advice by his colleagues, the heads of the other Departments
of the Government. In his capacity of Keeper of the Great Seal he may
never leave the Kingdom, and is _ex officio_ Speaker of the House of
Lords, and must attend all its sittings. The Chancellor does not,
however, enjoy rights similar to those of the Commons' Speaker; he is
not addressed in debate; he does not call upon peers to speak, and has
no authority to settle questions of order.
As the Woolsack is not considered to be within the limits of the House
of Lords, the fact of a Chancellor being a Commoner does not prevent
him from sitting there and discharging the duties of Speaker; but he
may not take any other part in the proceedings unless he be himself a
peer. Only in recent times has the Chancellor been necessarily made a
peer, and there exists no statutory restriction incapacitating any
man, unless he be a Roman Catholic, from holding the office of Lord
Chancellor.[165]
[165] Sir Robert Harley, Chancellor in 1757, was not made a peer until
1764. In 1830, Brougham took his seat on the Woolsack as a Commoner,
and at least one other Chancellor has since followed his example.
Public-domain text, read in full here on John Shaqi.
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