A Constitutional History of the House of Lords From Original Sources

Cover A Constitutional History of the House of Lords From Original Sources
A Constitutional History of the House of Lords From Original Sources
Luke Owen Pike
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2) has not only been admitted into the Statutes of the Realm, but has itself been repealed by the Statute Law Revision Act, 1863.
THE HOUSE OF LORDS 197 King may have been prompted, so far as the particular CHAP. X. Enactment touching the Peers was concerned, by the idea -r^g Act that it went beyond the provisions of Magna Charta in its formally details. We have not now to consider whether, at this by Parlia- period, the King had the power with the consent of ment a Council to revoke, annul, or
... repeal an Act of Parliament. Two years later there was a more formal repeal in Parlia- ment, which, it is to be presumed, had the consent of the Commons as well as of the Lords, since there is nothing to show the contrary. The words of repeal may be worth quoting. The Statute ' shall be wholly repealed and annulled and lose the name of a Statute, as being prejudicial and contrary to the laws and customs of the Realm, and to the rights and prerogatives of our Lord the King. But, for that some articles are comprised in the same Statute which are reasonable, and in accordance with law, it is agreed by the Lord the King and his Council that of such articles and others agreed in this present Parliament there be made a Statute anew, by the advice of the Justices and other learned men, and kept for ever 1 ' No such new Statute, however, was made with regard to Magtia the trial or judgement of Peers.

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