A peer cannot loſe his nobility, but by death or attainder; though there was an inſtance, in the reign of Edward the fourth, of the degradation of George Nevile duke of Bedford by act of parliament[1], on account of his poverty, which rendered him unable to ſupport his dignity[2]. But this is a ſingular inſtance: which ſerves at the ſame time, by having happened, to ſhew the power of parliament; and, by having happened but once, to ſhew how tender the parliament hath been, in exerting ſo high a power. It hath been ſaid indeed[3], that if a baron waſte his eſtate, ſo that he is not able to ſupport the degree, the king may degrade him: but it is expreſſly held by later authorities[4], that a peer cannot be degraded but by act of parliament.
The commonalty, like the nobility, are divided into ſeveral degrees; and, as the lords, though different in rank, yet all of them are peers in reſpect of their nobility, ſo the commoners, though ſome are greatly ſuperior to others, yet all are in law peers, in reſpect of their want of nobility[5].
The firſt name of dignity, next beneath a peer, was antiently that of vidames, vice domini, or valvaſors[6]: who are mentioned by our antient lawyers[7] as viri magnae dignitatis; and ſir Edward Coke[8] ſpeaks highly of them. Yet they are now quite out of uſe; and our legal antiquarians are not agreed upon even their original or antient office.
- ↑ 4 Inſt. 355.
- ↑ The preamble to the act is remarkable: "foraſmuch as oftentimes it is ſeen, that when any lord is called to high eſtate, and hath not convenient livelyhood to ſupport the ſame dignity, it induceth great poverty and indigence, and cauſeth oftentimes great extortion, embracery, and maintenance to be had; to the great trouble of all ſuch countries where ſuch eſtate ſhall happen to be: therefore, &c."
- ↑ Moor. 678.
- ↑ 12 Rep. 107. 12 Mod. 56.
- ↑ 2 Inſt. 29.
- ↑ Camden. ibid.
- ↑ Bracton. l. 1. c. 8.
- ↑ 2 Inſt. 667.
