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The Judicial House of Lords 1876–2009$
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Louis Blom-Cooper QC, Brice Dickson, and Gavin Drewry

Print publication date: 2009

Print ISBN-13: 9780199532711

Published to Oxford Scholarship Online: September 2009

DOI: 10.1093/acprof:oso/9780199532711.001.0001

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The Judicial Role of the House of Lords before 1870

The Judicial Role of the House of Lords before 1870

(p.3) 1 The Judicial Role of the House of Lords before 1870
The Judicial House of Lords 1876–2009

David Lewis Jones

Oxford University Press

This chapter describes the judicial role of the House of Lords before 1870. A significant part of Parliament's role, from the reign of Edward I, lay in providing remedies for petitioners either reluctant to pursue their causes in other courts or, to a lesser extent, wishing to appeal from a lower court. With the development of the two Houses of Parliament in the 14th century, petitions could be and were sent to either House. The Lords claimed, by the early 15th century, that judgment belonged to them alone: petitions considered by the Commons were sent to the Lords for confirmation, but petitions dealt with by the Lords were not referred to the Commons. In the 16th century there was a sharp decline in the judicial work of Parliament; only five cases are recorded in the Lords Journals between 1514 and 1589. During the 1620s, Henry Elsyng codified the rules of procedure in the House of Lords.

Keywords:   House of Lords, Parliament, UK legal system, judicial role, Henry Elsyng

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