of this realm, we do understand the whole body of the

nobility (7).

The number of Lords Temporal of England is inde- Their number.

finite, and may be increased at will by the power of the
Crown; and once, in the reign of Queen Anne, no less
than twelve were created at one time, in contemplation
of which a Bill was introduced, in the reign of George I.
for limiting the number of the Peerage. But, though pas-
sed in the Lords, it was rejected in the Commons, whose
leading members were desirous of keeping the avenues to limited.
the other House as open and as easy of access as possible.
It has been tried once or twice since then, but has always
failed (m).

With Scotch Peers it is different. By the 22 article of Union (in 5 Anne, ch. 8, sec. 12) the electors of the sixteen representative Peers of Scotland are required to have been Peers of Scotland at the Union. In consequence of which, it is understood, the King cannot create a Scotch peerage, with the elective right.

The restrictions under which the King can create Peers of Ireland, are as follows, viz :-whenever three Irish peerages become extinct one new one only may be created, until the number of Irish peers is reduced to one hundred ; but the distinct peerage of Ireland is to be kept up to that number, over and above such Irish Peers as are Peers of the United Kingdom (n).

In England not

Scotch peers

limited.

And also Irish.

Royal Family

Parliament.

None of the Royal Family are, as such, Lords of Parliament, except the King's eldest son, who is by birth Duke not Lords of of Cornwall (0). As soon as the other Princes of the blood attain the age of twenty-one, they are usually called to a seat in the House of Peers. They then no longer retain the title of Prince, prefixed to their names, but assume the par

(1) 2 Inst. 61; Cam. Brit. 169 (Engl. Edit. 1610).

*The House of Peers consists at present of about 430 Members.

(m) 1 Bl. Com. 157.

(0) Rot. Parl. v. 5, p. 293.

(n) 39 & 40 Geo. III. ch. 67. art. 4.

British subjects foreign titles.

ticular title by which they are empowered to sit in Parlia ment. Their peerages in Great Britain are usually Dukedoms: in Ireland, Earldoms: yet if they were only Baronies, the Princes of the Blood Royal would still precede all the other Peers and Lords of Parliament.

The law of England prohibits any subject of the realm cannot receive from receiving titles of honour or dignity from a foreign Prince, without the knowledge, consent and approbation of his own Sovereign; for it is the right of majesty, and among the ensigns of sovereign authority, to be the fountain of honour to all his subjects.*

Peers' privileges.

The Peers of the realm are, by their birth, the hereditary Counsellors of the Crown, and it is on this account, according to some of our law writers, that the law gives them certain great and high privileges, such as freedom from arrest &c., even when no Parliament is sitting (p), because it conceives that they are always assisting the King with their counsel for the commonwealth, or keeping the realm in safety by their prowess and valour (q). Their parlia mentary privileges commence from the teste of their summons to Parliament (r).

Besides the grand and general Council of Peers which our ancient Kings were accustomed to convoke in cases of emergency, it is looked upon as the right of each particular Peer to demand an audience of the King, and to lay before him, with decency and respect, such matters as he shall deem of importance to the Commonwealth. Chap. II. Privileges of the House of Lords.

See

* On a question touching the title of honour conferred by Rudolph II. Emperor of Germany, on Sir Thomas Arundel of Wardour, Queen Elizabeth is said to have made the following judgment: "Between princes and their subjects there "is a most straight tie of affections. As chaste women ought not to cast their 66 eyes upon any other prince than him whom God hath given them, I would not "have my sheep branded with another man's mark; I would not that they "should follow the whistle of a strange shepherd."-(Camden's Eliz.)

(p) 12 Rep. 96.

(r) Bacon's Abridgment, v. 6, p. 547.

(g) 9 Rep. 49.

How Peers are

Peers are now created by writ, or by letters patent (s),* and no alien or denizen can be made a Peer, even though created. he be naturalized† (t). And no Lord is permitted to sit till he arrives at the age of twenty-one (u).

Roll of Peers to

By a standing order of the House of Lords, May 1677, B kept by He the Heralds are directed to take exact accounts, and ralds. preserve regular entries of all Peers and Peeresses of England, and their respective descendents, and it is required that an exact pedigree of each Peer and his family, shall, on the day of his admission, be delivered to the House by Garter, the principal King at Arms.

their seats.

Peers by descent may take their seat in the House How they take without introduction, payment of fees, or any other ceremony (v), but Peers claiming by limitation must be intro

duced (w).

increased Privi

Though a Peer may be vested with several Peerages Several Peerages (Dukedoms, Earldoms and Baronies) this does not, in do not confer Parliament, like the German principalities in the Diet, leges. entitle the possessor to a vote for each, nor does it imply any essential privilege which is not confered by a single Peerage.

Peers are also obliged to take the oaths at the commencement of a new Parliament, before they can sit in the

(8) 1 Bl. Com. 399.

(u) S. O. H. of L. xciii,

(w) Ibid, lxxxix.

(t) 12 & 13 Wm. III, ch. 2.
(v) S. O. H. of L. lxxxviii.

* With the exception of the feudal Earldom of Arundel. In 11 Henry VI. the possession of the Castle of Arundel was adjudged to confer an Earldom upon its possessor (Seld. Titles of Honor, b. 2, ch. 9. s. 5). But now the Castle of Arundel, with the Estates and Dignities attached, is inalienably vested in the family of the Duke of Norfolk. See Private Acts, 3 Car. I. ch. 4; 37 Geo. III. ch. 40; 41 G. III. (U. K.) ch, xv.

† But see Chap. VIII. On Private Bills (Naturalization Bills). In the Canadas, the Legislative Councillors, if aliens, must be naturalized by Act of the Imperial Parliament, 31 Geo. III. ch. 31, s. 4; or by Provincial Act, which, however, must be reserved by the Governor for the signification of the Royal pleasure thereon. 7 Geo. IV. ch. 68.

The only oath required to be taken by Legislative Councillors is that of Allegiance, as prescribed by the Constitutional Act. For the form of it, see Appendix V.

K

Must take the

Oaths.

Precedence.

And places in the
House.

Of the Assistants.

House, or debate on any subject whatever (x). Any Peer voting without having taken them, is liable to the forfeiture of all his property, and two instances of such a heavy infliction are said to be recorded on the Journals. By statute, (13 Wm. III., ch. 6, sec. 10, 11-and 1 Geo. I. ch. 13, sec. 16, 17,) he is liable to a fine of £500, and is rendered incapable of sitting or voting in the House, with other heavy penalties. But, in modern times, an act of Indemnity is passed for him, originating in the House of Lords (y.)

The Lords take their seats in the House in regular order, according to their rank and precedence, which is regulated by the statute 31, Henry VIII., ch. 10,-and this order must be observed when the House is in Committee of the whole, the same as when the Speaker is in the Chair (z).

Scotch Peers take precedence of British Peers of the same rank, created since the Union with Scotland, and Irish Peers created before the Union with Ireland; in like manner take place of British Peers created since.

Irish Peers of later creation than the Union, rank, according to the date of their Patent, among the Peers of the United Kingdom.

The Lord Chancellor, or Keeper of the Great Seal, as Speaker of the House of Lords, when the King is present stands behind the Cloth of state on the right hand; but when the King is not present, he sits on the first woolsack in front of the Throne, the Great Seal and Mace being placed before him. The Speaker of the House of Lords, ex officio, and the Deputy Speakers appointed by the King's commission, have precedence of all other Peers.

The Assistants and Attendants sit on the outside of the woolsacks, and are never covered (a). The Judges sit,

(x) S. O. H. of L. 19 Mar. 1678.
(z) S. O. H. of L. xxix.

(y) Marquis of Lansdowne, 1797.
(a) Elsy. 98, 112.

but are not covered till the Lord Chancellor signifies the Lords' pleasure thereon. As to the Judges, &c.-see chap. II. As to Lords' privilege to be attended by the Judges.

Lords.

The Lords have ever appeared in their Robes on the Dress of the first day of Parliament, and whenever the King is present (if they have notice thereof,) and when they give judgment, and also, whenever the Royal Assent is given to any bill by Letters Patent, or a Commission is sent to prorogue or dissolve the Parliament (¿); on all other occasions, their dress is that of an English gentleman. The Robes of a temporal Peer differ according to his rank.

The prevention of disorder, and the internal regulation Order when the of the House of Lords whenever His Majesty is present,

is regulated by the standing orders of the 19 December, 1720, and 22 Feb. 1733.

King is present.

If a Lord of Parliament dies sedente curia, or during a New Peers. prorogation, and his heir is summoned, he does not appear in his Robes, for that was done by his father on the first day of Parliament, he only delivers his writ to the Clerk, who enters it, the day of his appearance. If a Lord be newly created during Parliament, he is introduced by any two Lords of the same rank, in their robes, Garter going before, and his Lordship presents his Writ to the Lord Chancellor.

House called over on third day, and prox

On the third day of the sitting of Parliament, the House is called by the Clerk, beginning with the lowest Baron, and so ascending to the highest Peer, and ies entered. the proxies* or other excuses (if any) of the absent Lords are registered, and notice taken of such Lords as either

(b) Elsy. title, Appearance.

* As to Proxies, see ante, p. 18. The proxy of a temporal Lord recites that he has obtained license from the King to make his proxy, but that of a spiritual makes no mention of it. A Lord may be summoned with a clause that he do not make a proxy.-Selden, v. 3, p. 1476.