One of the great triumphs of Magna Carta was the assertion of the right of those accused of crimes to trial by one’s peers, or per legale judicium parium suorum if you insist on the Latin. For commoners this meant trial by other commoners, but for peers it meant just that: trial by other peers of the realm. It was a bit murkier for peeresses, though after the conviction for witchcraft of Eleanor, Duchess of Gloucester, (sentence: banishment to the Isle of Man) statute was passed including them in the judicial privilege of peerage.

Thanks to the ’15 and the ’45, there were a number of trials in the House of Lords in the eighteenth century, including that of the Catholic martyr Earl of Derwentwater. The whole of the nineteenth century, however, witnessed but one: the 7th Earl of Cardigan was acquitted of duelling by a jury of 120 peers. In 1901 the 2nd Earl Russell was found guilty of bigamy, and the last ever trial came in 1935 when the 26th Baron de Clifford was found not guilty of manslaughter.

Cardigan’s trial was in the temporary Lords chamber while the last two trials took place in the Royal Gallery of the Palace of Westminster (central to current debates over renovation plans). For Cardigan’s trial the Lord Chief Justice of the Queen’s Bench was appointed Lord High Steward for the occasion, while for the final two the Lord Chancellor was likewise appointed to the role in order to be presiding judge with the Attorney General prosecuting the case.

The Royal Gallery is primarily used for the State Opening of Parliament (as above) and for the occasional address to both Houses of Parliament when important figures are invited to do so. De Gaulle was famously invited to speak here to both houses rather than in the larger Westminster Hall. It is thought that this is because the walls of the Royal Gallery feature two large murals, one of the Battle of Trafalgar, the other of the Battle of Waterloo – both British victories over the French.

The most famous trial in the Royal Gallery was fictional. In the 1949 Ealing comedy “Kind Hearts and Coronets”, the 10th Duke of Chalfont is tried for the one murder in the film’s plotline he didn’t actually commit. Ealing Studios did a mock-up of the chamber for the occasion (above), which compares reasonably accurately with the Royal Gallery as set up for the Baron de Clifford’s trial in 1936 (below).

The Lords, however, were uncomfortable with exercising this judicial function and passed a bill to abolish the privilege in 1937. The Commons, facing more serious tasks, declined to give it any attention. In 1948, the Criminal Justice Act abolished trials of peers in the House of Lords, along with penal servitude, hard labour, and whipping.

The opening of Scotland’s judicial year was marked this past Sunday by the Archbishop of St Andrews & Edinburgh offering the customary Red Mass in St Mary’s Cathedral.

This year Archbishop Leo Cushley was joined by Lord Drummond Young and his fellow Senators of the College of Justice, Lord Uist, Lord Doherty, Lord Matthews, and Lady Carmichael.

Gordon Jackson QC, the Dean of the Faculty of Advocates, and Austin Lafferty of the Law Society of Scotland joined many sheriffs, QCs, advocates, solicitors, trainee solictors, paralegals, and law students.

“These men and women serve the nation in a high office and come here to ask the Lord’s blessing upon this year’s work that they carry out on our behalf,” Archbishop Cushley noted in his homily.

“Know that we appreciate the difficult and complex tasks that you have and the duties that you perform – which are very onerous – on behalf of us all and that you be assured of our prayers and our support for all that you do to apply the law of the land with virtue and with justice and with mercy.”

Source: Archdiocese of St Andrews & Edinburgh

Persuant to our discussion regarding Scotland’s three parliament buildings, Scots Law News reports that the Caledonian scribe Alexander McCall Smith has been called to the Scots bar.

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