The Works of the Right Honourable Edmund Burke, Vol. 11 (of 12)Burke, Edmund
History
The Works of the Right Honourable Edmund Burke, Vol. 11 (of 12)
Burke, Edmund
Great Britain -- Politics and government -- 1760-1820; Political science -- Early works to 1800
The trial of Lord Strafford[4] is one of the most important eras in the
history of Parliamentary judicature. In that trial, and in the
dispositions made preparatory to it, the process on impeachments was, on
great consideration, research, and selection of precedents, brought very
nearly to the form which it retains at this day; and great and important
parts of Parliamentary Law were then laid down. The Commons at that time
made new charges or amended the old as they saw occasion. Upon an
application from the Commons to the Lords, that the examinations taken
by their Lordships, at their request, might be delivered to them, for
the purpose of a more exact specification of the charge they had made,
on delivering the message of the Commons, Mr. Pym, amongst other things,
said, as it is entered in the Lords' Journals, "According to the clause
of reservation in the conclusion of their charge, they [the Commons]
will add to the charges, not to the matter in respect of comprehension,
extent, or kind, but only to reduce them to more particularities, that
the Earl of Strafford might answer with the more clearness and
expedition: _not that they are bound by this way of SPECIAL charge; and
therefore they have taken care in their House, upon protestation, that
this shall be no prejudice to bind them from proceeding in GENERAL in
other cases, and that they are not to be ruled by proceedings in other
courts, which protestation they have made for the preservation of the
power of Parliament; and they desire that the like care may be had in
your Lordships' House_."[5] This protestation is entered on the Lords'
Journals. Thus careful were the Commons that no exactness used by them
for a temporary accommodation, should become an example derogatory to
the larger rights of Parliamentary process.
Public-domain text, read in full here on John Shaqi.
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