Magna Carta: A Commentary on the Great Charter of King John
(4): Civil pleas.
20th Century William Sharp McKechnie EnglishVarious attempts were made by the barons to make good a claim to judicium parium in civil cases. The chief anxiety, perhaps, of the men of 1215 was to save their estates and castles from disseisin consequent on such pleas. Yet the barons’ efforts in this direction were unsuccessful. The House of Lords (except in cases involving the dignity or status of a peer) has never claimed to act as a court of first instance in civil cases to which a peer was a party. Noble and commoner here are on a level. No “peer of the realm” has, for many centuries, asked to plead before a special court of peers in any ordinary non–criminal litigation, whether affecting real or personal estate.