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Rights of Peers

The Peerage divided itself primarily into the two classes of Lords Spiritual and Temporal. Secondly, into such as in virtue of their peerages had seats and votes in the Lords, or Upper House of Parliament ; and those in whom the right of so sitting and voting was called into operation only through the election of a certain number by their colleagues.

Thus all the adult temporal Peers, and twenty-six spiritual Peers of the realm of England, sat by virtue of their creation or consecration. The temporal Peers of Scotland had each a vote in the election of sixteen members of their body, to represent the whole during the continuance of each distinct Parliament. The temporal Peers of Ireland, immediately after the passing of the Act of Union, elected under its authority, in the same manners twenty-eight representatives, but for life ; and the right of election was subsequently exercised to supply, from time to time, the vacancies created by death. The spiritual Peers of Ireland were represented in Parliament, not by election, but by rotation ; the two Archbishops sitting alternately, and three Bishops in annual rotation. This spiritual representation, however, ceased in 1870.

Since the completion of the Imperial Parliament by the Union, every newly created Peer (except the new Peers of Ireland, who were created under the Act on the extinction of three Irish Peerages of date anterior to 1800) was denominated a Peer of the United Kingdom, and had the right of sitting inherent from his creation. The Peers of Great Britain created subsequently to the Act of Union between England and Scotland in 1707, and prior to that between Great Britain and Ireland, in 1800, took their seat in the House of Lords in right of their respective creations. The several distinctions - namely, of the Peerage of England, of Great Britain, of the United Kingdom, of Scotland, and of Ireland are noticed in describing the titles of each Peer, and also whether the possessor of a Scotch or Irish Peerage is a representative in Parliament of his class.

The Imperial Peerage of Great Britain was hereditary, and, speaking generally, is descendible to males only, according to primogeniture, differing in this respect from the descent of the British Crown, which passes to a female of a nearer degree of blood relationship than a male. It may be observed also, that whereas in the descent of the Crown, the role of primogeniture obtains in both sexes, in that of a Peerage the heirship in females of the same degree is co-equal. But as the power which gives has also the unalienable right of limiting the gift, snch course of inheritance prevails only where the grant of the Peerage is without limit, as in those titles which originate in a summons to Parliament without a patent of creation. But in modern times it is usual for the Crown in granting this high honour to do so by letters-patent under the Great Seal ; which instrument of creation also points out the line of inheritance, and most commonly in the male heirs of the body of the first Grantee.

The following is the ceremony in use in admitting a Peer into the House of Lords. After the Peers have taken their seats, the Lord Chancellor being on the woolsack, Garter King at Arms, attired in his tabard, and bare-headed, comes into the House of Lords bearing the Patent (if there be one), and writ of summons of the Peer to be introduced, who then follows between two Peers of his own rank, attired in their Robes of Estate, and is led by them up to the Lord Chancellor, to whom he makes obeisance ; Garter then presents the Patent and writ of summons to the Lord Chancellor, who directs the same to be read ; this being done, the oaths are administered to the new Peer, and the Chancellor dismisses him to take his seat, to which he is directed by the two noblemen who introduce him, Garter leading the way. The writ is then delivered by the Lord Chancellor to the Clerk of the House, to be laid up. The new Peer forthwith rises from his seat and returns to the Lord Chancellor, who congratulates him on becoming a member of the House of Peers, or on his elevation to a higher grade in the Peerage, as the case may be.

The Peers, by their privileges as a body, could not be arrested and taken into custody, unless for an indictable offence ; this being a privilege of Parliament, they hold it in common with the members of the Lower House, except that the privilege of a Commoner ceases within a limited period after the dissolution of Parliament, while that of a Peer is perpetual. Also to assault by violence a member of either House, or his servant, is a contempt of Parliament, and punishable with severity.

Peers are not subject to make answer to questions from the Lower House of Parliament. As Peers of Parliament they were entitled to vote by proxy, the proxy being always given to a Lord of Parliament, styled the Procurator, for his Principal ; which Procurator nrast be a spiritaal for a spiritual, a temporal for a temporal Lord. But this privilege has been abandoned, though it may be revived. Each Peer may also, with leave of the House, enter his protest upon the journals, expressing his dissent from any vote that has passed the House, with his reasons for such dissent. All Bills that may in their consequences any way affect the rights of the Peerage, are, by the custom of Parliament, to have their first rise and beginning in the House of Lords, and to suffer no changes or amendments in the House of Commons.

A very ancient privilege of the Peerage, which now appears to have fallen into disuse, is declared by the Charter of the Forest, confirmed in Parliament, 9th Henry III. ; namely, that every Lord spiritual or temporal summoned to Parliament, and passing through the King's forests, may, both in going and returning, kill one or two of the King's deer without warrant, in view of the forester if he be present, or on blowing a horn if he be absent, that he may not seem to take the King's venison by stealth.

The privilege of franking letters, which the Peers possessed in common with the Lower House, was abandoned on the passing of the Penny Postage Act, January 10th, 1840. The privileges above enumerated belong to the Peers in their capacity of Members of Parliament ; they also possess others attached to their personal dignity.