Page:The Green Bag (1889–1914), Volume 14.pdf/380

 Privileges of the Peers.

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PRIVILEGES OF THE PEERS. By George H. Westley. THE trial of Earl Russell for bigamy re vealed certain peculiarities of British law not commonly known, even amongst the Britishers themselves. These peculiarities relate to a function of the House of Lords. Centuries ago it was ruled that when a peer of the realm was charged with " treason, mis prision or felony," he could demand to be tried by his peers, not in our broad demo cratic sense, where all men are equal, but literally by his brother peers, convened in the House of Lords. This ancient privilege had long fallen into disuse, when Earl Rus sell's solicitor bethought him to fetch it forth from the dust-bin of Time, so that his noble client might have a more dignified hearing, if not secure a more favorable judgment. The case was carried on with all the quaint Middle Age ceremonies. The last previous trial of this sort took place in 1841, when Lord Cardigan was charged with "an assault with intent to mur der, alleged to have been committed by him in fighting a duel with Mr. Harvey Garnett Phipps Tuckett." At the opening of the Victorian reign duelling was quite common in England, and quarrels over the gaming table, petty wranglings about politics and what not, frequently resulted in " coffee and pistols for two." But the good Prince Con sort strongly deprecated such deadly sport, and he took the steps necessary to making it a punishable offense. It was under the new laws Lord Cardigan fell when he shot Captain Tuckett; but as a peer he claimed the privilege of being tried by his peers and not by the common courts. Such trials took place as a rule in West minster Hall, but owing to a disastrous fire, on this occasion it was held in the Painted

Chamber. Opening the proceedings the Royal Commission was read appointing Lord Denman to be Lord High Steward. Garter and Black Rod then advanced to his grace, and both holdingthe staff they knelt and presented it to him. At this the Lord High Steward rose and, after making a reverence to the throne, took his seat in a chair of state placed for him on the uppermost step but one. Lord Cardigan was then brought to the bar by Yeoman Usher, and having been arraigned in the usual manner, was allowed to sit un covered and without his robes, on a stool placed within the bar. The case then pro ceeded as at an ordinary trial. Witnesses were examined and cross-examined, and then Sir William Follett, for the prisoner, raised the objection which wrecked the case, viz., a variance between the name of Tuckett as laid in the indictment and as proved by the evidence. The Lord High Steward ordered strangers to withdraw while their lordships discussed this point, and spectators, counsel, and prisoner were alike obliged to retire. On their readmission, and after the proclamation made for silence, the Lord High Steward, standing up, called every peer by his name from a list beginning with the junior baron; and each man, baron, viscount, earl, marquis, duke, and finally the Lord High Steward himself, standing up in his place uncovered, and laying his right hand upon his breast, answered, " Not guilty, upon my honor." The prisoner was then brought to the bar, and being informed of his acquittal, retired. Then proclamation was made for dissolving the commission, and the white staff being delivered by Black Rod to the Lord High Steward, his lordship stood up uncovered, and holding the staff in both hands snapped