Year: 1867

them in 1859 upon the impeachment OF sir Adam Blair
and ohers, Commoncrs lin which, after consulting pre-
and much deberaion they resolved proceed
uDon The impeachmenil, appears 10 be full and com
pete determination what The law Of Parliament IS upen
this question, and their right TO try peer OF the realm
also settled IN 1885, the Of proceedings be-
fore the House Of Lords against the Archbishop YORK
ana other great officers and against several OF the judges


Tor having given extra judicial opinions and msnter-
Penng the law and upon which, after long ana aooi,


ae examination Judgment OF treason was gwen agans.


them as traitors 70 the king and kingdom In the course
OF this proceeding the ndges sergeans and other sages
OF the law OF the realm and OF the civil law wer
charged by tine King to give their faithful advice 70 the
Lords OF Parliament how they ought proceed in this
matter whereupon they dcbeated and answered 70 the
Lords nfarliamen "rhat having seen and well under.
stood the tenor OF the said appeal they declared was
neither brought affirmed according 10 the oroer,
which either the law or the other required TO
which the Lords after taking deliberation and advice
answered -"1hat in high crime ~ is laid IN the
said appeal touching the person OF the King and the
estate Of the realm peretated by persons who are peers
OF the realm with Others the cannot be tried ese
where than IN Parliament nor by any olner
law than the law and course OF Parliament;
hamen by ancient Of Parliament i0Dbe judges
such for that the realm OF England not nor
tnor it the interest Of the King Lords Of
Parliament that IL shall be) ruled governed By
the civil law. And therefore their intention II not to
rule govern so high this appeal Is by the
process or order used In any inferior court OF
place which courts or places arc only the executors Of
the ancient law Of the realm and OF the ordinances and
establishments Of Parliament but it must be tried ana


Az before stated i was not till towards the end Of the
reign Of Edward I'LL that the House Of Commons took
theapseyes the character Of before the
Lords or persops charged with treason or other high
crimes and against the STATE though there
several instances upon the rolls OF Parliament pre-
vous to the Of Richard Lyons In 1875 OF Judg-
ments pronounced by the Lords against both Peers and
CommoneEs for great public oeuces yet these proceed
ings appear TO have been instituted either from the
itself or the prayer Of private persons who
found themselves aggrieved by tho officers Of the crown


In high trust and power and against whom they had no
other redress than by application TO Parliament


From the time the Commons became parties In these
prosecutions the instances frequent in which they
found themselves Obliged by their duty to carry up COM
and favor with tho crown against those In judicial or
executive Offices whose elevated situation placed tnem
above the reach OF complaint from private individuals
wbo II they failed in obtaning redress, might after
wards become the objects OF resentment OF those whose
tyrannical expressions they had presumed to call in
question. This circumstance, therefore, OF the Com
mons assuming this invduous ofce and as the repre-
seniatives Of the people at large, standing forward ss
the prosecutors Of the highest and most powerful Of
tenders against the State forms remarkable era IN the
history Of the criminal Jurisprudence Of the country II
has certainly very much contributed to control and re-
press those acts OF injustice and oppression which In
most despotc governments Ministers protected oy
their rank and overbearDg power are but too apt
10 exercise against who presume to offend them
and has been the Of bringing TO condign punish.
ment those "great apostates to the commonwealth"
who by their actions c0unsels have endcavored 70
subvert the fundamental laws OF their country and
to introduce arbitrary and tyrannical government
The crimes for which. during the period from 1875
145O, the Commons mpeached were misdemean0rs com
mtted by persons employed by the crown, either At
home In It's foreign possessons maladmi0stration Of
justice and extraudic conduct in the judges OF the
realm reasonable practices not specially
mentioned in the statutes OF 25h Edward ILL., but by


clause 10 tha act expressly reserved LOT me S
offences which constitute treason, says:-"And because
that many other like cases Of treason may happen in
this present tme IL Is accorded that II any other case
supposed to be treason, which k not above specified,
wishou. Going to judgment Of The treason Till the cause
be shown before the King and his Parliament whether
Il ought TO be Judged treason or other felony"


particularly In the case Of the Duke Of SuGok in 1850
were much less different from that in use u
%sh s. S sia r. .ss s
wore carried up By the Commons and delivered
BY their Speaker to tho Chaucellor and Lords and in
When these charges wee read to the person charged
who brought up in custody for that purpose copies
suiisy0 by denying the truth q the matters alleged
against him. With respect to the rules BY which the


sds then considered themselves as bound 70 ny and
determnc questions Of impeachment brought before
thsm BY tho Commons, they resolved as In the case
before nen,oned, sThat these matters whom brought
courss OF Parliament. and not by the civil law nor BY
the common law Of the land. used In other inferior


Il seems remarkable that NO instances Of impeachment
occur during the reigns OF Edward w., Henry VII
Henry VIII, Edward VI, Queen Mary and Queen Eliza
this be accounted for in any other than that
during this period bills OF aainder and prosecutions In
the Court Of Star Chamber were substituted 10 their
stead.


The new modelling Of the Star Chamber by Henry VII
in the third year Of his reign, and the supplementary
transferred 10 this court the trial Of all those misde
meanors which would otherwise have become the OBJ
ject Of parliamentary prosecution By and
a. Is well expressed by learned writer on the subject
(Tseeve's hiatory Of English aw), "Ths court became
the happiest instrument OF arbitrary that ever
The Star Chamber exercised criminal Jurisdiction al
most without limitation and altogether without appeal,
taking upon TO judge and anmadvert upon everything


In which government felt itself Interested II became,


In TRUTH az much court OF S'ate-if the expression
may be allowed-as a court OF Law"


Ilpon the same subject that great statesman Lord
Somers says 1--WE had privy council in England with
greas and mixed Powers suffered under Il long and
much. AL the rolls OF Parliament are full or com.
plants and remedies, but none Of them ehectuai until
Charles tho rirst's time The Star Chamber but
spawn Of privy council and was so called only be-
cause in the usual Council Chamber was set up


formal court IN the third year OF Henry VII in very
soft words To punish great riots TO restrain offend
too big for ordinary justice or in the modern phrase
made the nation trembie. The Privy Council at
last to make by proclamation and the Star ChamUe
ruined those that would not obey Al last they fell TO-
qother but not without endangering the nation.n


Lord Bacon, in his history OF Henry VII, says Of the
Star Chamber" This court is one OF the sagest and
noblrst Institutions OF the kingdom, and causes that
might in example or consequence concern the state OF
the commonwealth, would II they we're criminal ST in
the chamber called the Star Chamber from which Il
derived its name, but civil would sit in the White
Chamber, or White Hall. y


Lord Clarendon, speaking OF the abolition OF tins
court In l641 says" Thus fell this high court, great
branch prcrogatve having rather been extended
and confirmed than founded by the statute OF the third
year OF King Henry VII For no doubt IL had both
being and Jurisdiction before that time, though vugary
dated from thence, and, while IL was gavey and mod
eratey governed was an excellent 70
the dignity Of the king The honor Of his Council and tho
peace and security Of his kingdom"


BY the extension of jurisdiction and severity Of its
penalties il Tor time superseded the exercise OF the
more legal proceedings In Parliament against similar
cases by impeachment for high crimes and misde-
rneanors The atrocious offences OF treason and
reasonable practices against the state, were during
this period prosecuted and punished by bills OF attain
der, which, Aough very rare till the reign OF Edward
w. became during that reign and those OF his success
soIs Queen Elizabeth exceptodl the common mode OF
proceeding ngainst persons accused Of such cimes.


blackstone In treating Of the subject Of Pariiamen-
,ary proceedings bills OF attauder saysAs Tor acts
Parliament TO ataint persons Of treason OF felony or
nict pains penalties beyond or contrary TO the
common law, to special purpose speak not OF
them being 10 all ntcnts and purposes new laws made
pro s nafd TO special purpose and by no means
execution Of such are already Ia being; whereas
an Impeachment before the Lords BY the Commons OF
araas IN pari IA n prosecution of tho