Page:A Genealogical and Heraldic Dictionary of the Peerage and Baronetage of the British Empire Chunk 1.djvu/15

INTRODUCTION. xiii genet. In the reign of ELiZABETh, anno 1572, the whole order became utterly extinct but it was revived about fifty years afterwards by her successor, in the person of George Villiers, Duke of Bnckingham. A Duke is styled “His Grace,” and the “Most Noble,” and he is officially addressed by the Crown as “Our right trusty aid right entirely-beloved Cousin and Councillor.” I{is graoeis likewise entitled, upon some occasions, “Most High, Potent and Noble Prince.” Coronet—On a circle gold, chased as jewelled, eight golden strawberry leaves: cap of crimson velvet, turned up ermine; thereon a golden tassel. SPIRITUAL LORDS. Aucnnjsrrops have the ducal title of “Grace,” and take precedence of all dukes next to those of royal blood. The Archbishop of Canterbury ranks as first lord, and the Archbishop of York as third, coming immediately after the lord-chancellor. His grace of Canterbury styles himself, “by Divine providence,” while the Archbishop of York and the Bishops adopt the term “permission” instead of “providence.” 3Siflnp. By an act of parliament passed in the thirty-first year of HENav VIII., it was settled that bishops take precedence of all barons, and immediately after viscounts; the Bishops of London, Durham, and Winchester, preceding their Right Reverend brethren. Bishops are styled “Lords,” and “Right Reverend Fathers in God.” Notc.—In the time of the Saxons, the bishops, abbots, and other ecclesiastical persons, held their lands free from all secular services, except the t,-inscln i,cccssitos,—namcly, ca-p cditis, psntinai et orcuum cxtructis, et refcctis. But soon after the establishment of the Normans, they were charged with the same obligations of military service as laymen. In consequence of this change, the bishops became tenants is cnpi(c per barsninm, and were, of course, hound to attend the mom regis, which at that time was considered as a bs,rthensome office. It is therefore probsble that the bishops did not willingly acqniesce in this alteration, and when the immunities of the ch,nch were so much restrsined by the Constitutions of Clarendon, in 10th Hsaav II., it was expressly declared, that the archbishops and bishops should hold their lands as baronies, and attend the king’a oourt. The bishops were always exempt from doing homage for their baronies, but were bound to take the oath of fealty. The great abbots were also hound to attend parliament, if summoned, when they held their land per baroniosn.—Cnuiar On Dignities. Sec now, ae to Bishops sitting in Parliament, the 10 and 11 Vie. cap. 108, a statute passed 23 July, 1847. PRIVILEGES OF THE PEERAGE. PEERS and Peercsses arc free from all arrest in civil actions, and in such cannot be outlawed, nor can any attachment lie against their person. Peers are exempt from serving on juries, from attending courts-bet, or sheriff’s turns; or, in case of riot, the poase-comitatus. They are to be tried, in cases of treason and felony, by their Peers. A Peer gives his judgment not on oath but on honour; but when examined as a witness, he must be sworn. Peers are tried in courts arranged specifically for the purpose, usually in the centre of Westminster Ilall, at the expense of the crown, which courts are removed as soon as the investigation terminates. “The honour of peers,” says Sir William Blackstone (1. Comm. 402), “is so highly tendered by the law, that it is much more penal to spread false reports of them, and certain other groat officers of the realm, than of other men; scandal against them being called by the peculiar name of .ccondalzon ataqnatum, and subject to peculiar punishments by divers ancient statutes.” This proceeding, however, by writ of scan dalum snaqnatutn, which is of a civil as well as of a criminal nature, is now almost obsolete, the ordinary modes of obtaining legal redress being generally preferred. Indeed, in a criminal prosecutrnn for scant/alum snaqnatnns the defendant would, no doubt, now be allowed the privileges and ho subject only to the punishments enacted by the modern Libel Act, the 6 & 7 Vict. cap. 96. It has been held that words are actionable in the case of a peer which are not so in that of a common person: as to say of a peer: “He is an unworthy man, and acts against law and reason.” Lord Towushend v. Dr. Hughes, 2 Modern Reports, 150. Peers have the privilege of sitting covered in courts of justice during their proceedings, and have also the privilege of voting in parliament by proxy.