Skinner's Case became a constitutionally important dispute between the

House of Lords The House of Lords, also known as the House of Peers, is the upper house of the Parliament of the United Kingdom. Membership is by appointment, heredity or official function. Like the House of Commons, it meets in the Palace of Westminst ...

and the

House of Commons The House of Commons is the name for the elected lower house of the bicameral parliaments of the United Kingdom and Canada. In both of these countries, the Commons holds much more legislative power than the nominally upper house of parliament. T ...

over the question of any

original jurisdiction In common law legal systems original jurisdiction of a court is the power to hear a case for the first time, as opposed to appellate jurisdiction, when a higher court has the power to review a lower court's decision. India In India, the Su ...

of the former house in

civil suits - A lawsuit is a proceeding by a party or parties against another in the civil court of law. The archaic term "suit in law" is found in only a small number of laws still in effect today. The term "lawsuit" is used in reference to a civil acti ...

(whether a possible court of first instance). Through royal intervention, it was determined and became custom that such jurisdiction was to be avoided.

Facts

In 1668, a

London London is the capital and List of urban areas in the United Kingdom, largest city of England and the United Kingdom, with a population of just under 9 million. It stands on the River Thames in south-east England at the head of a estuary dow ...

-based merchant, Thomas Skinner, presented a petition to Charles II asserting that he could not obtain any redress against the

East India Company The East India Company (EIC) was an English, and later British, joint-stock company founded in 1600 and dissolved in 1874. It was formed to trade in the Indian Ocean region, initially with the East Indies (the Indian subcontinent and Sou ...

, which, he asserted, had injured his property, his free trading base in the Indian Ocean set up before the latter had an official monopoly. The case was referred to the House of Lords, and Skinner obtained a verdict for £5,000 damages (). 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 Parliamentary privilege is a legal immunity enjoyed by members of certain legislatures, in which legislators are granted protection against civil or criminal liability for actions done or statements made in the course of their legislative duties. ...

; 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 (be a court of first instance) in civil suits.

Authorities

* Lord Holles, ''The Grand Question concerning the Judicature of the House of Peers'' (1669) *

Thomas Pitt Taswell-Langmead Thomas Pitt Langmead (1840–1882), from 1864 known as Thomas Pitt Taswell-Langmead, was an English barrister and academic, known as a writer on constitutional law and history. Life He was son of Thomas Langmead, by Elizabeth, daughter of Stephe ...

, ''English Constitutional History'' (1905) *

Luke Owen Pike Luke Owen Pike (12 August 1835 – 5 November 1915) was an English barrister-at-law, writer and historical researcher at the United Kingdom's Public Record Office. Pike was born 12 August 1835 the older son Luke Pike of St. George's, Hanover Squar ...

, ''Constitutional History of the House of Lords'' (1894) *

Henry Hallam Henry Hallam (9 July 1777 – 21 January 1859) was an English historian. Educated at Eton and Christ Church, Oxford, he practised as a barrister on the Oxford circuit for some years before turning to history. His major works were ''View of th ...

, ''Constitutional History'', vol. iii. (1885).

Facts

Authorities

See also