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Judicial functions of the House of Lords
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Judicial functions of the House of Lords
Whilst the House of Lords of the United Kingdom is the upper chamber of Parliament and has government ministers, for many centuries it had a judicial function. It functioned as a court of first instance for the trials of peers and for impeachments, and as a court of last resort in the United Kingdom and prior, the Kingdom of Great Britain and the Kingdom of England.
Appeals were technically not to the House of Lords, but rather to the Queen-in-Parliament. In 1876, the Appellate Jurisdiction Act devolved the appellate functions of the House to an Appellate Committee, composed of Lords of Appeal in Ordinary (informally referred to as Law Lords). They were then appointed by the Lord Chancellor in the same manner as other judges.
During the 20th and early 21st century, the judicial functions were gradually removed. Its final trial of a peer was in 1935, and the use of special courts for such trials was abolished in 1948. The procedure of impeachment became seen as obsolete. In 2009, the Supreme Court of the United Kingdom became the new court of final appeal in the UK, with the extant Law Lords becoming Supreme Court Justices and the appointment of new Law Lords ceasing.
Parliament's role in deciding litigation originated from the similar role of the Royal Court, where the king dispensed justice. Parliament grew out of the court and took on many of its roles. As lower courts were established, the House of Lords came to be the court of last resort in criminal and civil cases, except that in Scotland, the High Court of Justiciary remained the highest court in criminal matters (except for 1713–1781).
Parliament originally did not hear appeals as a court might; rather, it heard petitions for the judgments of lower courts to be reversed. The House of Commons ceased considering such petitions in 1399, leaving the House of Lords, effectively, as the nation's court of last resort. The Lords' jurisdiction later began to decline; only five cases were heard between 1514 and 1589, and no cases between 1589 and 1621. In 1621, the House of Lords resumed its judicial role when King James I sent the petition of Edward Ewer, a persistent litigant, to be considered by the House of Lords. Petitions for the House of Lords to review the decisions of lower courts began to increase once again. After Ewer, 13 further cases would be heard in 1621. The House of Lords appointed a Committee for Petitions. At first, the Clerk of the Parliaments would bring petitions to the house, and the whole house could decide if they should or should not be referred to the Committee. As the number of petitions increased, the committee gained the power to reject petitions itself.
Petitions to the House of Lords did not have to seek reversal of lower court judgments; often, petitions were brought directly to the Lords without prior consideration in the inferior judiciary. The practice of bringing cases directly to the Lords, however, ended with the case of Thomas Skinner v East India Company. Skinner had established his business's trading base in Asia while few English restrictions on trade existed; later the base was seized by the Honourable East India Company which had been granted a monopoly. In 1667, the king, Charles II, referred the case to the Lords after failed attempts at arbitration.
Replying to Skinner's petition, the East India Company objected that the case was one of first instance, and that the Lords therefore should not have accepted it. Notwithstanding the company's protests, the House of Lords proceeded with the matter. Though lawyers argued that the House could intervene only after the lower courts had failed to remedy the case, the Lords decided in Skinner's favour in 1668. The East India Company then petitioned the House of Commons, arguing that the acceptance of a case in the first instance by the Lords was "unusual" and "extraordinary".
A famous dispute then broke out between the two houses; the Commons ordered the imprisonment of Thomas Skinner and the Lords retaliated by ordering the imprisonment of the company chairman. In 1670, Charles II requested both houses to abandon the case. When they refused, he ordered that all references to the case be expunged from the journals of both houses and that neither body continue with the dispute. The House of Lords then ceased to hear petitions in the first instance, considering them only after the lower courts had failed to remedy them.
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Judicial functions of the House of Lords
Whilst the House of Lords of the United Kingdom is the upper chamber of Parliament and has government ministers, for many centuries it had a judicial function. It functioned as a court of first instance for the trials of peers and for impeachments, and as a court of last resort in the United Kingdom and prior, the Kingdom of Great Britain and the Kingdom of England.
Appeals were technically not to the House of Lords, but rather to the Queen-in-Parliament. In 1876, the Appellate Jurisdiction Act devolved the appellate functions of the House to an Appellate Committee, composed of Lords of Appeal in Ordinary (informally referred to as Law Lords). They were then appointed by the Lord Chancellor in the same manner as other judges.
During the 20th and early 21st century, the judicial functions were gradually removed. Its final trial of a peer was in 1935, and the use of special courts for such trials was abolished in 1948. The procedure of impeachment became seen as obsolete. In 2009, the Supreme Court of the United Kingdom became the new court of final appeal in the UK, with the extant Law Lords becoming Supreme Court Justices and the appointment of new Law Lords ceasing.
Parliament's role in deciding litigation originated from the similar role of the Royal Court, where the king dispensed justice. Parliament grew out of the court and took on many of its roles. As lower courts were established, the House of Lords came to be the court of last resort in criminal and civil cases, except that in Scotland, the High Court of Justiciary remained the highest court in criminal matters (except for 1713–1781).
Parliament originally did not hear appeals as a court might; rather, it heard petitions for the judgments of lower courts to be reversed. The House of Commons ceased considering such petitions in 1399, leaving the House of Lords, effectively, as the nation's court of last resort. The Lords' jurisdiction later began to decline; only five cases were heard between 1514 and 1589, and no cases between 1589 and 1621. In 1621, the House of Lords resumed its judicial role when King James I sent the petition of Edward Ewer, a persistent litigant, to be considered by the House of Lords. Petitions for the House of Lords to review the decisions of lower courts began to increase once again. After Ewer, 13 further cases would be heard in 1621. The House of Lords appointed a Committee for Petitions. At first, the Clerk of the Parliaments would bring petitions to the house, and the whole house could decide if they should or should not be referred to the Committee. As the number of petitions increased, the committee gained the power to reject petitions itself.
Petitions to the House of Lords did not have to seek reversal of lower court judgments; often, petitions were brought directly to the Lords without prior consideration in the inferior judiciary. The practice of bringing cases directly to the Lords, however, ended with the case of Thomas Skinner v East India Company. Skinner had established his business's trading base in Asia while few English restrictions on trade existed; later the base was seized by the Honourable East India Company which had been granted a monopoly. In 1667, the king, Charles II, referred the case to the Lords after failed attempts at arbitration.
Replying to Skinner's petition, the East India Company objected that the case was one of first instance, and that the Lords therefore should not have accepted it. Notwithstanding the company's protests, the House of Lords proceeded with the matter. Though lawyers argued that the House could intervene only after the lower courts had failed to remedy the case, the Lords decided in Skinner's favour in 1668. The East India Company then petitioned the House of Commons, arguing that the acceptance of a case in the first instance by the Lords was "unusual" and "extraordinary".
A famous dispute then broke out between the two houses; the Commons ordered the imprisonment of Thomas Skinner and the Lords retaliated by ordering the imprisonment of the company chairman. In 1670, Charles II requested both houses to abandon the case. When they refused, he ordered that all references to the case be expunged from the journals of both houses and that neither body continue with the dispute. The House of Lords then ceased to hear petitions in the first instance, considering them only after the lower courts had failed to remedy them.
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