Skinner's Case
Encyclopedia
Skinner's Case, the name usually given to the celebrated dispute between the House of Lords
and the House of Commons
in the Parliament of the United Kingdom
over the question of the original jurisdiction of the former house in civil suits.
In 1668, a London
merchant named Thomas Skinner presented a petition to Charles II
asserting that he could not obtain any redress against the East India Company
, which, he asserted, had injured his property.
The case was referred to the House of Lords, and Skinner obtained a verdict for £5,000. The company complained to the House of Commons which declared that the proceedings in the other House were illegal. The Lords defended their action, and after two conferences between the Houses had produced no result the Commons ordered Skinner to be put in prison on a charge of breach of privilege; to this the Lords replied by fining and imprisoning Sir Samuel Barnardiston
, the chairman of the company.
Then for about a year the dispute slumbered, but it was renewed in 1669, when Charles II advised the two Houses to stop all proceedings and to erase all mention of the case from their records. This was done and since this time the House of Lords has tacitly abandoned all claim to original jurisdiction in civil suits.
Attribution
House of Lords
The House of Lords is the upper house of the Parliament of the United Kingdom. Like the House of Commons, it meets in the Palace of Westminster....
and the House of Commons
British House of Commons
The House of Commons is the lower house of the Parliament of the United Kingdom, which also comprises the Sovereign and the House of Lords . Both Commons and Lords meet in the Palace of Westminster. The Commons is a democratically elected body, consisting of 650 members , who are known as Members...
in the Parliament of the United Kingdom
Parliament of the United Kingdom
The Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislative body in the United Kingdom, British Crown dependencies and British overseas territories, located in London...
over the question of the original jurisdiction of the former house in civil suits.
In 1668, a London
London
London is the capital city of :England and the :United Kingdom, the largest metropolitan area in the United Kingdom, and the largest urban zone in the European Union by most measures. Located on the River Thames, London has been a major settlement for two millennia, its history going back to its...
merchant named Thomas Skinner presented a petition to Charles II
Charles II of England
Charles II was monarch of the three kingdoms of England, Scotland, and Ireland.Charles II's father, King Charles I, was executed at Whitehall on 30 January 1649, at the climax of the English Civil War...
asserting that he could not obtain any redress against the East India Company
British East India Company
The East India Company was an early English joint-stock company that was formed initially for pursuing trade with the East Indies, but that ended up trading mainly with the Indian subcontinent and China...
, which, he asserted, had injured his property.
The case was referred to the House of Lords, and Skinner obtained a verdict for £5,000. The company complained to the House of Commons which declared that the proceedings in the other House were illegal. The Lords defended their action, and after two conferences between the Houses had produced no result the Commons ordered Skinner to be put in prison on a charge of breach of privilege; to this the Lords replied by fining and imprisoning Sir Samuel Barnardiston
Sir Samuel Barnardiston, 1st Baronet
Sir Samuel Barnardiston, 1st Baronet was an English Whig Member of Parliament and deputy governor of the East India Company, defendant in some high-profile legal cases and involved in a highly contentious parliamentary election.-Life:...
, the chairman of the company.
Then for about a year the dispute slumbered, but it was renewed in 1669, when Charles II advised the two Houses to stop all proceedings and to erase all mention of the case from their records. This was done and since this time the House of Lords has tacitly abandoned all claim to original jurisdiction in civil suits.
Authorities
- Lord HollesDenzil Holles, 1st Baron HollesDenzil Holles, 1st Baron Holles PC was an English statesman and writer, best known as one of the five members of parliament whom King Charles I of England attempted to arrest in 1642.-Early life:...
, The Grand Question concerning the Judicature of the House of Peers (1669) - Thomas Pitt Taswell-Langmead, English Constitutional History (1905)
- Luke Owen Pike, Constitutional History of the House of Lords (1894)
- Henry HallamHenry HallamHenry Hallam was an English historian.-Life:The only son of John Hallam, canon of Windsor and dean of Bristol, Henry Hallam was educated at Eton and Christ Church, Oxford, graduating in 1799...
, Constitutional History, vol. iii. (1885).
Attribution