The proxy of a Lord cannot be entered on the same day on which he has been personally present in the house; neither can any that have been entered after three o'clock be made use of, that day, in any question. (j) The proxies are entered in Latin, ex licentia Regis; and such license being requisite, a doubt was started in 1788, at the time of the King's illness, whether the proxies were valid. The Peer holding the proxy is called a procurator; and anciently they could be given to Commoners to act for a Peer; but now, (k), all proxies from a Spiritual Lord must be made to a Spiritual Lord, and from a Temporal Lord to a Temporal Lord; and by Order of the House (7), no Lord shall be capable of receiving more than two proxies, nor shall more be numbered in any cause voted. It is said (m), that a proxy cannot be made to a Lord that is absent himself. A Peer by his coming and sitting in the House himself, revokes his proxy, and cannot make a new one without fresh leave, (n). Two or more Peers may be proxies for one absent Peer, but Coke is of opinion that they cannot vote unless they all concur (o). And in case anno 1 Eliz. where three proxies having been appointed, two of them differed from the other, it was held in Parliament to be no vote: but Lord Manchester, president of the Council, is said to have decided, in a case where the proxies differed (in 1626), in favour of him who was first named in the delegation (p). originate in the IV. All bills in any way affecting the rights of the Bills that must peerage (q) must originate in the House of Lords, and can Lords. undergo no alteration or amendment by the Commons; (j) S. O. H. of L. 16 Jan. 1702; 19 May, 1813. (4) 25 Feb. 1625.-Rushw. 273. (m) Elsy. cites anno 33 & 34 Henry VIII. Protests. Sign papers and also all Bills relative to Restitution in Blood, &c. (r) See farther Chap. VII. on Public Bills-" What Bills must originate in the Lords." V. Each Peer has a right, when a vote passes the House, contrary to his sentiments, to enter his dissent or protest on the Journals of the House, with his reasons at length for dissenting. The protest must be entered in the Clerk's book at the next sitting day of the House, before three o'clock, otherwise it cannot be made; and it must be signed before the rising of the House on that day (s). But, however, many instances are recorded in the Journals of further time being allowed, under peculiar circum stances. Lord Clarendon says (t), the first instance of protests with reasons was in 1641, before which time, names only were set down as dissentient to a vote. VI. Peers may make their signature to all letters or with their title deeds by the name of their title; their family and Christian names being absorbed in the higher one of their nobility. only. Declaring upon his honour instead of oath. Trial by his Peers. VII. A Peer sitting in judgment gives not his verdict upon Oath, but upon his honour (v); the law supposing him of such integrity, that he will, for justice, do that which others are compelled to do upon their oaths. He also answers all Bills in Chancery upon his honour ;-and if he is plaintiff in an action of debt upon accompt, it is sufficient to examine his attorney upon oath (w). But if summoned as a witness, in criminal cases (a), or in making an affidavit (y), he must be sworn. VIII. When arraigned for any capital offence, except in the case of murder or felony (z), it must be before his their honour (c). Peers (a), in full Parliament (b); who deliver their opin- ions upon 66 It does not extend to Bishops, as they are not ennobled in blood" (e). Although by 20 Henry VI. ch. 9, it is declared to extend to all peeresses, either in their own right, or by marriage. But in case of misdemeanor, as riot, libel, conspiracy Except. and perjury, a Peer is tried like a commoner by a jury. No Peer sitting in judgment on another, can be challenged, the law presuming that they, being all Peers of the realm, and judging upon their honour, cannot be guilty of falsehood, favour, or malice (ƒ). But, however, previous to the commencement of the trial, the Lord High Steward, in a short exhortation, requests those who bear the prisoner any ill-will to withdraw. Peers are tried in Courts erected specifically for the purpose, in the centre of Westminster Hall, at the expense of the Crown, which Courts are pulled down as soon as the investigation terminates. As to the form and manner of the trial, see Lord Somer's Tracts, v. 13, p. 385, 6. The cases in which a Peer of Scotland is to be tried by his Peers, are determined by 6 Geo. IV. ch. 66. IX. By the law of Scandalum Magnatum (g), any Scandalum person convicted of spreading scandalous reports respect (a) Magna Charta. ch. 29.-L. J. 14 Jan. 1689. (b) S. O. H. of L. lii. But it would seem, from an examination of the autho rities, that this privilege of being tried in full Parliament, extends only to trials for treason, as there are many instances, subsequent to these Orders, of a limited number of Peers, only, being summoned in trials for felony, &c. but the 7 Will. III. ch. 3, sec. 1 1. effectually secures to the Lords the privilege of a full summons in cases of treason. See Amos' Disquisition on the Court of the Lord High Steward, appended to 2d vol. of Phillips' State Trials, p. 359. (c) S. O. H. of L. 14 Jan. 1689. (d) Cases of Ld. Berkeley, 4 Edw. III. and of the D. of Suffolk, 28 Henry VI. Kennedy on Juries, p. 50. (e) 2 Hawk. P. C. ch. 44. sec. 12-and see the cases of Archbishop Cranmer and Bishop Fisher. (f) Moor, fol. 622. (g) 1 Westm. ch. 33.-2 Rich. II. ch. 5.-12 Rich. II. ch. 11. Magnatum. D Freedom from Arrest. Except. ing a Peer, or Bishop, no matter whether true or false, is subject to fine and imprisonment; and every Nobleman so scandalized may prosecute the offender and recover damages. X. The person of Peers is for ever sacred and inviolable from arrest and imprisonment for debts, tresspasses, &c. (h), and they cannot be outlawed in any civil action, nor any attachment lie against their persons. But this freedom from arrest does not extend to breaches of the peace, (particularly when they refuse to give security to keep the same*) treason-felony (2), or indeed any indictable of fence whatever-cases of contempt (k), a capias pro fine and exigent (1), (the fine being imposed by statute, in which no person is exempted), or a writ of withernam (m)-or for execution on a statute staple merchant, on the statute of Acton Burnel, or of 23, Henry VIII. the body of a Baron is not exempt (2)—or if he take an orphan out of the custody of a guardian, he is not privileged, and in a homine replegiandot where he detains the body, he shall be committed (o). This privilege formerly extended to their families, servants and followers, and to Solicitors and Attorneys employed by them (p), as well as to all persons necessarily about their estates, or persons during the session of Parliament, and twenty days before and afteruntil it was modified by 10 Geo III., ch. 50, ("for preventing delays of justice by reason of privilege of Parliament"). But Peers are not exempt from being sued, or from having their property sold or sequestrated (q).— * A Peer or Peeress cannot be bound over in any other place than the Courts of King's Bench or Chancery.-4 Bl. Com. 253. This writ of homine replegiando is now seldom used, it being superseded by the writ of habeas corpus. Being a privilege of Peerage (r) it extends to all Peers of the realm, though not having seats in the House, and to all peeresses, English, Scotch or Irish. XI. Of Franking Letters through the Post-office to all of Franking, parts of Great Britain and Ireland, from forty days before a summons, until forty days after the prorogation of Parliament (s). This privilege, being exclusively parliamentary, does not extend to those Peers who have not a seat in the House of Lords (t). servant. XII. To assault a Peer or his menial servant, is a high Assaulting a contempt, and may be punished with great severity by the Peer, or his House (v), and there were also penalties annexed to it in the courts of law, by the statutes 5, Henry IV., ch. 6, and 11 Henry VI. ch. 11-but these acts were repealed by 9 G. IV, ch. 31-so that such an offence is not now, by the Statute law, distinguishable from a common assault. XIII. Peers are exempt from attendance or serving in Courts-leet, Sheriff-tourns (w), the militia,* or the comitatus in cases of riot (x). posse Exemption from not to be entered Except. XIV. The Houses of Peers may not be entered by Peers' Houses Officers of Justice without a warrant under the King's own by Officers of hand, and those of six Privy Councillors, (four of whom Justice. must be Peers of the realm,) if the search be for conventicles, prohibited books, &c. (y) or for other reasons without the King's sign manual, and certain other forms prescribed by law, varying according to the particular case (z). (r) 2 Stra. 985. (8) See the General Franking Act, 1 Vict. ch. 35.-24 Geo. III. ch. 37, sec. 7. (t) Bacon's Abridgement, v. 6, p. 547. (w) Britton, ch. 29, p. 73. (y) 13 & 14 Car. II. ch. 33. (z) Ib. 16 Car. II. ch. 4. (v) See L. J. passim. *Legislative Councillors and Members of the House of Assembly, with the Officers connected with the Canadian Legislature, are exempted from serving on the Militia, except in times of actual service, by the Provincial Act 48 Geo. III. ch. 1, sec. 26. |