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3rd, The Perks of Great Britain, who were all created between the years 1707 and 1801.
4th, The Peers of Ireland, whether created antecedent to 1801, or subsequently under the limitations of the act of union with Ireland.
5th, The PEERS OF THE UNITED KINGDOM, whose titles have all been created since the year 1801.
6th, The Lords Spiritual, consisting of the English and Welsh Bishops (except the Bishop of Sodor and Man), together with four in rotation from among the Irish prelates.
Out of these six constituent bodies the Horse of Lords, or legislative portion of the peerage, is formed. This consists of, Ist, All the peers of England, of Great Britain, and of the United Kingdom: andis, The representative peers of Scotland ; 3rdly, The representative peers of Ireland, and 4thly, the lords spiritual; these collectively are styled the PEERS of ParliaMENT.
The Peerage of ScoTLAND.—By the 22nd article of the treaty of union between England and Scotland, it was agreed that sixteen peers should be chosen out of the whole body of the Scottish peerage, to act as representatives of the remainder in the parliament of Great Britain. By the 23rd article it was determined that these sixteen representative peers should be chosen after each dissolution, and should enjoy all privileges of parliament; that all the peers of Scot. land should be considered as peers of Great Britain, and rank next after those of the same degree existing at the time of the union, and before those of the like degree created subsequent to the union; that they should enjoy all privileges of peerage except
those of sitting in the house of Lords, and of voting on the trial of a peer. These rights were confirmed to the Scottish peerage by 5 Anne, cap. 8.
By every proclamation dissolving the parliament of the united kingdom, the Scottish representative peers are discharged from their parliamentary duties, but for the re-election of this portion of the house a separate proclamation is usually issued, " strictly charging and commanding all the peers of Scotland to assemble and meet at Holyrood house, in Edinburgh, on the
next ensuing, between the hours of — and - to nominate and choose the sixteen Peers to sit and vote in the house of Peers in the ensuing parliament, by open election and plurality of voices of the peers that shall be then present, and of the proxies of such as shall be absent (such proxies being peers, and producing a mandate in writing, duly signed before witnesses, and both the constituent and proxy being qualified according to law); and the lord clerk register, or such two of the principal clerks of session as shall be appointed by him, to officiate in his name, are hereby respectively required to attend such meeting, and to administer the oaths required by law to be taken by the said peers, and to take their votes ; and immediately after such election, made and duly examined, to certify the names of the sixteen peers so elected, and to sign and attest the same in the presence of the said peers, the electors, and return such certificate into the high court of chancery of Great Britain.” The proclamation further proceeds to "charge and command that this our royal proclamation be duly published at the market-cross at Edinburgh, and in all the county towns of Scotland, twenty-five days at least before the time appointed for the meeting of the said peers to proceed to such election.”
In pursuance of a proclamation of the above nature the Scottish peers meet, usually in the picture gal. lery of Holyrood house. After prayers by a chaplain appointed for the occasion, the UNION ROLL, as it is called, is read over. This is a list of the Scottish peerage as it stood on the 1st May, 1707, which was ordered to be laid before the house of Lords, 22nd of December, 1707; and in an amended form, on account of changes effected by the lapse of time, it regulates the order of precedence among the peers of Scotland. It contained 154 peers; viz. 10 dukes, 3 marquises, 75 earls, 17 viscounts, and 49 barons, and there have been subsequently enrolled 7 peers; viz. 1 duke, 2 marquises, and 4 barons.
By the calling over of the union roll, an account is taken of the peers present and of all the proxies, as well as signed lists which have been forwarded. At the election in 1841, there were present 1 duke, 2 marquises, 10 earls, 2 viscounts, and 5 barons. The proxies sent were those of 2 dukes, 6 earls, and 2 barons. And voting by signed lists was practised by 2 dukes, 2 marquises, 14 earls, and 5 barons. Making in all 53 voters.
During the calling over of the roll, protests are from time to time handed in and minuted, when any noble lord objects to his own position and precedence in the roll, or to the voting of any one whose name is called. These protests are not immediately in. quired into and acted on, but are reserved points, forming matter for subsequent scrutiny, when such an
examination is demanded, at the termination of the election.
After the result of the election is ascertained and declared, the proceedings are closed, and the attested list is forwarded to the court of Chancery, and the names speedily gazetted.
The following was the poll at the election on August 5th, 1841:
1. Earl of Morton .
52 4. Lord Forbes
52 5. Lord Saltoun
52 6. Earl of Elgin and Kincardine 51 7. Earl of Airlie and Lintrathen 51 8. Earl of Orkney .
51 9. Earl of Seafield
51 10. Lord Colville, of Culross
49 15. Lord Rollo
49 16. Lord Reay
48 Marquis of Queensberry
10 The names are arranged according to the plurality of votes, and that of the unsuccessful candidate is printed in italics.
THE PEERAGE OF IRELAND.-By the 4th article in the act of union between Great Britain and Ireland it was agreed that the lords spiritual of Ireland in rotation-four
every session-and twenty-eight lords temporal of Ireland should sit in the house of Lords. That questions respecting the rotation of the spiritual
lords or the election of the temporal peers should be decided by the house of Lords. And in case of an equality of votes in the election of a temporal peer, the clerk of the parliament shall determine the election by drawing one of the names from a glass. That a peer of Ireland, who is not elected one of the twenty. eight, may sit in the house of Commons for an English place; but while he continues a member of that body he shall not be entitled to privilege of peerage, nor be capable of being elected one of the twentyeight, nor of voting at such election, and he shall be sued and indicted for any offence as a commoner. The act of union further declares, that as often as three of the peerages of Ireland existing at the time of the union shall become extinct, the sovereign may create one new peer of Ireland, a privilege which has almost always been exercised when such a state of things has occurred, although at present there is an arrear of two or three creations, of which the Crown can at any time avail itself. When the peers of Ireland are reduced by extinction, or otherwise, to 100, exclusive of those who shall hold any peerage of Great Britain or of the united kingdom, the king may then create one peer of Ireland for every peerage that becomes extinct, or is removed from the specified number by its possessor obtaining a British peerage ; so that the king may always keep up the number of 100 Irish peers, in addition to those who have an hereditary seat in the house of Lords.
It was further enacted, that all the lords of parliament on the part of Ireland, spiritual and temporal, shall have the same rights and privileges respectively as the peers of Great Britain ; and that all the lords