Irish Parliament and incorporated into the Act of Union. (y) Briefly it is as follows: A certificate of the death or attainder is sent by two temporal peers to the Lord Chancellor, who causes a writ to be issued to the Chancellor of Ireland, directing him to cause writs to be issued by the clerk of the Crown in Ireland to the Irish temporal peers, with a form of return attached in duplicate, upon which the name of the peer voted for is to be filled in. Before filling up the return, those peers who are not already representative peers must take the oath of allegiance in the manner prescribed by the Act. The writs and returns are then sent back, within fifty-two days from the date of issue, to the clerk of the Crown, who sends one copy of the writs and returns to the clerk of Parliament, and the peer who has obtained the majority of votes is then entitled to a writ of summons at that and succeeding Parliaments.

In case of an equality of votes, the names of the peers who have obtained equal votes are written on slips of paper and placed in a glass at the table of the House of Lords. The peer whose name is first drawn out by the clerk of Parliament is deemed elected.

No vacancy in the number of representative peers occurs through one of their number being promoted to the peerage of England or the United Kingdom, and thus becoming an hereditary lord of Parliament. (2)

The Scotch Representative Peers. By the Act of Union, 1706, (a) the number of Scotch representative peers is fixed at sixteen, and they are elected for each Parliament. The mode of election prescribed by statute (b) is as follows:—

Whenever a new Parliament is summoned a proclamation is issued under the Great Seal commanding all the Scotch peers to assemble at Edinburgh or the place named in the proclamation and proceed to the election of the sixteen representative peers. The election takes place at Holyrood, and each peer, having taken the oath of allegiance prescribed by the Act, votes for the sixteen peers whom he desires to be elected. A certificate of the peers elected is then made out

(y) 39 & 40 Geo. III. c. 67, s. 8.

(z) Anson, i. 211.

(a) 5 Anne, c. 8.

(b) 6 Anne, c. 23.

Amended by 14 & 15 Vict. c. 100.

by the lord clerk register and sent to the clerk of the Crown in Chancery; this certificate is evidence of their title, and no writs of summons are issued. By the 10 & 11 Vict. c. 52, peerages in respect of which no vote had been given since the year 1800 were to be struck off the roll at future elections, and no vote is to be registered in respect of them unless the House of Lords otherwise directs. Cases of disputed claims to vote are to be settled by the House of Lords. As by the Act of Union the right to sit in the House of Lords otherwise than as representative peers was specially excepted from the privileges to be enjoyed by Scotch peers, (c) it was held by the House of Lords in the Duke of Hamilton's case, 1711, that a peerage of the United Kingdom (in this case that of Brandon) did not carry with it a right to a writ of summons as an hereditary lord of Parliament. (d) This decision was, however, reversed in 1782, the House of Lords having obtained the unanimous opinion of the judges, (e) and the Duke of Hamilton's claim to sit allowed. In 1787, the Duke of Queensberry and the Earl of Abercorn having been created peers of the United Kingdom, the House of Lords resolved that they ceased to sit as representative peers. (ƒ) So that now it seems the elevation of a Scotch peer to a peerage of the United Kingdom creates a vacancy amongst the Scotch representative peers.

The Spiritual Peers.-The Crown's right of summoning bishops is limited to twenty-six, of whom five must consist of the archbishops of Canterbury and York and the bishops of London, Durham, and Winchester. (g) The mode of appointment of bishops is regulated by a statute of Henry VIII (h) On a vacancy occurring in an archbishopric or bishopric, the dean and chapter notify the fact to the clerk of the Crown in Chancery, and the Crown then grants them a congé d'élire or licence to proceed to an election, accompanied by letters missive nominating the person to be appointed. If the dean and

(c) 5 Anne, c. 8, s. 23.

(d) Journ. H. of Lords, xix. 346.

(e) Ib. xxxvi. 517.

(f) Ib. xxxvi. 594.

(g) See 10 & 11 Vict. c. 108.

(h) 25 Hen. VIII. c. 20; repealed 1 Ph. & Mary, c. 8, ss. 9-11; but re-enacted 1 Eliz. c. 1, ss. 7, 10.

chapter do not elect the person nominated within twelve days, the Crown, by letters patent under the Great Seal, nominates and presents a person to the archbishop of the province in the case of a bishopric, and to one archbishop and two bishops or to four bishops in the case of an archbishopric for investment and consecration, (i) and the archbishop must invest and consecrate the person so presented within twenty days, or incur the penalties of a præmunire. (k)

If the dean and chapter elect the person named in the letters missive within twelve days, the Crown, by letters patent under the Great Seal, notifies the fact to the archbishop of the province, or, in the case of an archbishopric, to one archbishop and two bishops or to four bishops, commanding him or them to confirm, invest, and consecrate the bishopelect, and this he or they are bound to do within twenty days, or incur the penalties of a præmunire. Confirmation takes place before the vicar-general, and part of the ceremony consists of a citation, calling upon persons desirous of opposing the confirmation to appear; but should opposers appear, the vicar-general is not obliged to hear their objections.

In Dr. Hampden's case, 1848, (l) upon application to the Court of Queen's Bench for a mandamus to compel the vicar-general to hear objections, the court was evenly divided as to whether it should issue or not. But in the case of Canon Gore, the bishop-elect of Worcester, 1902, (m) the Court of King's Bench unanimously held that a mandamus should not issue to compel the vicar-general to hear objections on the ground of doctrine, so that the citation of objectors (at any rate with reference to matters of doctrine) is now, from a legal point of view, simply an empty formula.

Having been confirmed, the spiritualities of the see are committed to the bishop, but he is not entitled to the temporalities until after consecration, homage, and the taking of an oath of fealty.

The Lords of Appeal in Ordinary. There are now six (i) 25 Hen. VIII. c. 20, s. 4. It will be noticed that in this case no confirmation is necessary.

(k) Ib. s. 7.

(1) Reg. v. Arch. of Canterbury, Hampden, in re (1848), 11 Q. B. 483. (m) Rex v. Arch. of Canterbury & Another, [1902] 2 K. B. 503.

Lords of Appeal in Ordinary appointed by the Crown under the provisions of the Appellate Jurisdiction Acts, 1876, and 1913. (n) In order to be eligible for appointment, they must have held high judicial office for two years, or have practised at the English, Scotch, or Irish bar for fifteen years. They are entitled to a salary of £6000 per annum, and are removable only on an address to the Crown by both Houses.

They are entitled to the dignity of Baron, and to a writ of summons to sit and vote in the House of Lords for life. (0)

Privileges of the House of Lords.

These are

(1) Freedom from arrest, except in cases of treason, felony, or refusal to give security for the peace This privilege the Lords claim for themselves by Standing Orders, 64 & 67, "within the usual times of privileges of Parliaments," viz. within forty days. before and after each session, and for their servants within twenty days.

(2) Freedom from service on juries, and this privilege has been confirmed by statute. (p)

(3) Freedom of speech.

(4) Individual freedom of access to the sovereign.

(5) The right to see to the due constitution of its own body, and therefore to decide on the validity of new creations Peerage claims are heard by the Committee of Privileges; the Lords cannot, however, decide on claims to old peerages, except on reference by the Crown.

(6) The right to commit for contempt/and this they may do for a definite term, imprisonment not being terminated by prorogation, as in the case of the Commons, unless the commitment was for an indefinite term.

(n) 39 & 40 Vict. c. 59, ss. 6, 14; 3 & 4 Geo. V. c. 21, s. 1. Four are appointed under the former and two under the latter Act.

(0) Prior to 1887 they were only entitled to sit and vote in the House of Lords whilst remaining in the fulfilment of their office. By 50 & 51 Vict. c. 70, s. 2, they are entitled to sit and vote for life.

(p) 6 Geo. c. 50, s. 2; 33 & 34 Vict. c. 77, s. 79.

C.L.E.

6

(7) The right individually or collectively of recording a protest on the journals of the House.

(8) The right of exercising judicial functions as a Court of Appeal, and as a court of first instance, presently to be noticed. (q)

(9) The privilege of exemption from attending as witnesses is usually waived, as in the case of the Commons. (r)

(q) See post, pp. 238, 241, 312. Formerly the Lords claimed and exercised the right to vote by proxy, but this has been discontinued by Standing Order passed in 1868.

(r) Anson, i. 218.