Page:The Green Bag (1889–1914), Volume 07.pdf/362

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The English Law Courts.

329

THE ENGLISH LAW COURTS. II. THE HOUSE OF LORDS. AS a court of law the House of Lords exercises four distinct classes of func tions. It determines (a) disputed claims of peerages on reference by the Crown, and {b) the validity of new peerages intended by

history do not need to be reminded of the impeachments of the Earl of Strafford, in the reign of Charles I, and of Warren Hast ings, in the reign of George III. In the third place, the House of Lords has juris- .

the Crown to confer a right to sit and vote I diction to try members of its own body in criminal cases where a peer is charged with in the House. We have had several in stances of the former in past years. The treason or felony. This is simply an appli Wensleydale case (of which more hereafter) cation of the provision in Magna Charta is the palmary instance of the latter. This that a man should be tried by his peers. jurisdiction is analogous to that enjoyed by The case of Earl Ferrers, in 1760, for the the Commons of declaring a seat vacant murder of his steward, will at once recur, where disqualifications exist, and (prior to in this connection, to all who are acquaint the establishment of election courts) of de ed with the history of English law as to termining disputed returns. In the second criminal responsibility in mental disease. place, the House of Lords has the right to Lastly, the House of Lords is the supreme try state offenders upon impeachment by court of appeal for England, Scotland and the Commons. Students of constitutional Ireland.