A Constitutional History of the House of Lords

Front Cover
Burt Franklin, 1894 - Constitutional history - 405 pages
 

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Contents

The delegated jurisdiction of the Court of Common Pleas as described
37
The Curia Regis Council and Kings Bench in the reign of Edward II
45
The word applied to Councils but not to every kind of Council
49
Bishops
55
earldoms
62
Case of Joan widow of Gilbert Earl of Gloucester and Hertford
68
The conveyance of the lands to a stranger might perhaps deprive
75
It was an accepted opinion in the same reign that there could not
81
Difference between the PreNorman Thanes and the Barons of
87
The Barons had not yet acquired the position of hereditary legislators
93
The normal number of Barons to be summoned ranged about
99
In each case the husband may have been summoned in virtue of
106
No precedence among Barons as yet indicated
113
William West heir in tail male to the lands of the barony disabled
120
The barony of De la Warr was in abeyance according to modern ideas
122
practically none before the reign
128
According to a recital in his Patent of Restitution it was for the King
134
Seignory of lands held in frankalmoign inalienable and ineradicable
142
Forfeiture of earldoms and other dignities for high treason
148
CHAPTER VIII
151
Bishops holding by barony after the Conquest
154
They define their own claim to the peerage as holding by barony
160
They were never in the same position as Temporal Lords even with
161
The ancient baronies in virtue of which Bishops claimed to be Peers
167
Feudal rights affected by forfeiture or escheat for Treason or Felony
173
Banishment of the Despensers by Peers of the Realm
175
Langton Bishop of Coventry and Lichfield tried before Justices
181
His excommunications
187
His statements were inaccurate
194
The Judges and lawyers including civilians declare the appeal to
201
The Procurator of the Clergy represents the Spiritual Lords at
207
Privilege of being attended in the House by the Judges and others
246
case
250
The Lords at York in 1640 and at the Guildhall in 1688
252
A Barons word sufficient in the Exchequer in the reign of Henry II
258
Other former advantages in Courts of Common Law
260
it was never
266
Question whether the Lords have the power to preclude the Crown
272
Peers Disabilities Removal Bill of 1893
278
THE JUDicATURE of the House of Lords iN GENERAL
279
Jurisdiction in Peerage cases on reference from the Crown
285
confusion of ideas
291
Jurisdiction of the Lords in Appeals from Chancery at one time
297
Effect of the Union with Scotland
300
a happy historical adaptation
306
The inheritance of lands inseparable from blood before the reign
310
The legislative power in the King and baronage
312
The Commons never the Lords often initiated legislation in the reign
317
The expression Lords Spiritual and Temporal does not occur before
323
The Acts of the Convention Parliament 12 Charles II by consent
329
The annual sitting of Parliaments depends not on Statutes but
334
Constitutional struggle in the reign of Henry IV
340
CHAPTER XV
346
The Act relating to those which were surrendered
350
The events of the reign of Charles I and the Commonwealth
356
Peers of the United Kingdom cannot sit as representative Peers
362
CHAPTER XV
368
these do not affect the constitution of the House
372
Third Protest partly on the ground that the Judges had not been
378
Lords of Appeal in Ordinary made Lords of Parliament for life in 1887
384
The House is a link between the Present and the Past
391

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Common terms and phrases

Popular passages

Page 362 - ... and one hundred commoners, (two for each county of Ireland, two for the city of Dublin, two for the city of Cork, one for the university of Trinity...
Page 269 - Ireland as shall for the time being be actually elected, and shall not have declined to serve, for any county, city, or borough of Great Britain, hath any right to give his vote in the election of any member to serve in Parliament.
Page 341 - In relation" to 1678 they resolved,' that all aids and supplies, and aids to His Majesty in Parliament, are the sole gift of the Commons ; Bills. and all Bills for the granting of any such aids and supplies ought to begin with the Commons; and that it is the undoubted and sole right of the Commons to direct, limit, and appoint, in such Bills, the ends, purposes, considerations, conditions, limitations, and qualifications of such grants, which ought not to be changed or altered by the House of Lords...
Page 301 - That the said right claimed by the people of Ireland to be bound only by laws enacted by his Majesty and the parliament of that kingdom, in all cases whatever, and to have all actions and suits at law or in equity, which may be instituted in that kingdom, decided in his Majesty's courts therein finally, and without appeal from thence, shall be, and it is hereby declared to be established and ascertained for ever, and shall, at no time hereafter, be questioned or questionable.
Page 293 - England; that the record and process aforesaid being inspected, we may cause to be done thereupon for correcting that error, what of right and according to the law and custom of our realm of England ought to be done.
Page 329 - Parliament ought to be holden at least once every year for the redress of grievances, but the appointment of the time and place for the holding thereof hath always belonged, as it ought, to His Majesty and his royal progenitors...
Page 300 - Britain; and that the King's Majesty, by and with the advice and consent of the Lords spiritual and temporal and Commons of Great Britain in Parliament assembled, had, hath and of right ought to have, full power and authority to make laws and statutes of sufficient force and validity to bind the colonies and people of America, subjects of the Crown of Great Britain in all cases whatsoever.
Page 363 - ... in Great Britain subsisting at the time of the union ; and that all peerages of Ireland created after the union shall have rank and precedency with the peerages of the United Kingdom so created, according to the dates of their creations...
Page 268 - That it is a high infringement of the liberties and privileges of the Commons of the United Kingdom...
Page 362 - England; and that the continuance and preservation of the said United Church, as the Established Church of England and Ireland, shall be deemed and taken to be an essential and fundamental part of the Union...

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