ommon law in England, the chamber
acquired in time a similar control over the English courts of
chancery, and eventually over the courts of both Scotland and Ireland.
Its jurisdiction has stopped short only of the ecclesiastical courts,
and of the courts of the outlying portions of the Empire, appeals from
which are heard in the Judicial Committee of the Privy Council. By the
Supreme Court of Judicature Act of 1873, whereby the higher tribunals
of the realm were remodelled, the appellate jurisdiction of the Lords
was abolished outright; but in 1876, before the measure had been put
in operation the plan was modified and there was passed the Appellate
Jurisdiction Act whereby the appellate functions of the Lords were
restored and provision was made for the creation at first of two,
later of three, and eventually of four, salaried life peers, to be
selected from men of eminence in the law, and to be known as Lords of
Appeal in Ordinary. In so far as it is controlled by statute at all,
the appellate jurisdiction of the chamber is regulated to-day by this
measure. Nominally, judicial business is transacted by the House as a
whole, and every member has a right not only to be present but to
participate in the rendering of decisions. Actually, such business is
transacted by a little group of law lords (the attendance of but three
being necessary) under the presidency of the Lord Chancellor, and the
unwritten rule which prohibits the presence at judicial sessions of
any persons save the law lords is quite as strictly observed as is any
one of a score of other important conventions of the constitution.[190]
Under the act of 1876 it is within the competence of the law lords to
sit and to pronounce judgments in the name of the House at any time,
regardless of whether Parliament is in session.[191] A sitting of the
Court is, technically, a sitting of the Lords, and all actions (p. 132)
taken are entered in the Journal of the House as a part of its
proceedings.[192]
[Footnote 190: Lowell, Government of England, II.,
465.]
[Footnote 191: When Parliament is in session the
sittings of the law lords are held, as a rule,
prior to the beginning of the regular sitting at
4.30 p.m.]
[Footnote 192: The judicial functions of Parliament
are described at some length in Anson, Law and
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