lords: and ſome are of opinion that there muſt be at leaſt two writs of ſummons, and a ſitting in two diſtinct parliaments, to evidence an hereditary barony[1]: and therefore the moſt uſual, becauſe the ſureſt, way is to grant the dignity by patent, which enures to a man and his heirs according to the limitations thereof, though he never himſelf makes uſe of it[2]. Yet it is frequent to call up the eldeſt ſon of a peer to the houſe of lords by writ of ſummons, in the name of his father's barony: becauſe in that caſe there is no danger of his children's loſing the nobility in caſe he never takes his ſeat; for they will ſucceed to their grandfather. Creation by writ has alſo one advantage over that by patent: for a perſon created by writ holds the dignity to him and his heirs, without any words to that purport in the writ; but in letters patent there muſt be words to direct the inheritance, elſe the dignity enures only to the grantee for life[3]. For a man or woman may be created noble for their own lives, and the dignity not deſcend to their heirs at all, or deſcend only to ſome particular heirs: as where a peerage is limited to a man, and the heirs male of his body by Elizabeth his preſent lady, and not to ſuch heirs by any former or future wife.
Let us next take a view of a few of the principal incidents attending the nobility, excluſive of their capacity as members of parliament, and as hereditary counſellors of the crown; both of which we have before conſidered. And firſt we muſt obſerve, that in criminal caſes a nobleman ſhall be tried by his peers. The great are always obnoxious to popular envy: were they to be judged by the people, they might be in danger from the prejudice of their judges; and would moreover be deprived of the privilege of the meaneſt ſubjects, that of being tried by their equals, which is fecured to all the realm by magna carta, c. 29. It is ſaid, that this does not extend to biſhops; who, though they are lords of parliament, and ſit there by virtue of their baronies which they hold jure eccleſiae, yet are not ennobled in blood,
