It  is  supposed,  with  every  appearance  of  probability,
that  the  ancient  jurisdiction  vested  in  the  concilium
regis  ordinarnum  was  transfeired  to  the  Triers.  If  this
opinion  be  well  founded,  their  authority  to  determine
writs  of  error  and  proceedings  in  the  nature  of  appeals
is  unquestionable ;  for  "  these  matters,  in  ancient  times,"
says  Lord  Hale,  "  were,  for  the  most  part,  if  not  alto-
gether, transacted  by  the  concilium  regis  ordinarium^
and  did  but  rarely  come  into  the  House  of  Lords,  unless
it  were  in  cases  of  great  moment,  concernment,  and


JURISDICTION  BY  THE  LORDS  IN  PARLIAMENT.  9

example  (").''  We  possess  no  record  of  the  adjudications
of  the  Triers  as  a  court  of  review ;  probably,  because
their  proceedings  in  that  capacity  were  not  entered  on
the  Rolls  of  Parliament;  their  orders  being  merely
evidenced  by'^indorsements  on  the  petitions  presented  to
them,  or  by  entries  on  the  Rolls  of  the  Court  below ;
which  were*  not  retained  by  the  Triers,  but  were  con-
signed to  the  chancellor  for  execution.  Thus  at  a  Par-
liament holden,  6  Edward  III.,  on  the  appointment  of
Triers,  it  was  ordered,  "  that  the  petitions  which  should
be  tried  and  terminated  by  the  said  prelates,  barons,  and
justices,  should  be  remanded  into  the  Chancery,  under
the  seals  of  the  Triers,  or  of  two  of  them ;  and  the
others  undisposed  of,  should  continue  under  the  charge
of  the  clerks  till  the  morrow,  and  so  from  day  to  day."

The  Triers  were  empowered  to  dispose  of  all  petitions
brought  forward  by  the  Receivers.  Their  decisions  did
not  require  the  confirmation  of  the  House ;  though  they
were  liable  to  be  reviewed  and  overturned  by  it.  When
any  case  arose  "  of  great  moment,  concernment,  and
example,"  the  Triers  abstained  from  decision ; — leaving  it
to  be  determined  by  the  superior  and  paramount  autho-
rity of  the  Parliament.
