The title of EARL is so ancient that its origin cannot be clearly traced out. This much, however, seems tolerably certain, that among the Saxons they were called ealdormen, quasi elder men, signifying the same with senior or senator among the Romans; and also schiremen, because they had each of them the civil government of a several division or shire. On the irruption of the Danes they changed their names to eorels, which, according to Camden, signified the same in their language. In Latin they are called comites (a title first used in the empire), from being the king's attendants. After the Norman conquest they were for some time called counts, from the French; but they did not long retain that name themselves, though their shires are from thence called counties to this day. At present the title is accompanied by no territory, private or judicial rights, but merely confers nobility and an hereditary seat in the House of Lords. In writs, commissions, and other formal instruments, the Queen, when she mentions any peer of the degree of an earl, usually styles him "trusty and wellbeloved cousin," an appellation as ancient as the reign of Henry IV., who being either by his wife, his mother, or his sisters actually related or allied to every earl in the kingdom, artfully and constantly acknowledged that connexion in all his letters and other public acts, whence the usage has descended to his successors, though the reason has long ago failed.

The VISCOUNT (Vice Cumes) was anciently an officer under an earl, to whom, during his attendance at Court, he acted as deputy to look after the affairs of the county. But the name was afterwards made use of as an arbitrary title of honour, without any shadow of office pertaining to it, by Henry VI. A viscount is created by patent as an earl is; his title is Right Honourable, and he ranks between an earl and a baron.

The title of BARON is the oldest in point of antiquity, although the lowest in point of rank, of any order of nobility. He was, as I have already stated, one who held estates immediately of the king.

Peers are now created by letters-patent from the Crown. Formerly a writ of summons, calling upon the persons intended to be ennobled, to take their place in the House of Lords, was issued; and thus they became peers of Parliament. Writs of summons are now issued when it is intended to call the eldest son of a peer to the House of Lords in the lifetime of his father.

The House of Lords is usually presided over by the Lord

PRIVILEGES OF THE PEERS.

25

Chancellor; but he does not decide, as does the Speaker of the House of Commons, upon the regularity of its proceedings. The House at large does this; and members whilst delivering their speeches address the assembly and not the Lord Chancellor, or other lord upon the woolsack.

Peers vote either in person-using the words content or non content, to signify their approval or rejection of the question before them or by proxy-a signed paper to the same effect used upon their behalf, in their absence, by some other peer. They have also the privilege of entering a protest in the Journals of the House against any proceeding resolved upon by it against their will. All laws relating to the rights of their order must be originated in the House of Lords; and all disputed claims to titles of nobility are referred by the Crown to it for decision. They cannot be arrested for debt. The House of Lords is the proper tribunal for trying persons impeached by the House of Commons; it also has the right of trying its own members when accused of treason or felony. To assist it in these duties, the judges and law officers of the Crown are its legal advisers.

The House of Lords is the most ancient and dignified Court in the kingdom, and is the highest Court of Appeal, beyond which no cause can be carried. It exercises both legislative and judicial functions; but in its judicial capacity its authority is delegated for the most part to those of its members, who having been elevated from the Bar to the Upper House, are conversant with the law bearing upon those questions that come before them from time to time, and are therefore the most competent to decide. Yet, when any question touching the dignity or privileges of the House itself is raised, the whole of the Peers take part in the deliberations, and give their decision, which is final. The members of the House of Peers are legislators by hereditary right. By the same right they are the Counsellors of the Crown, "and may be called together by the King to impart their advice, either in time of Parliament, or when there is no parliament in being." In consequence, however, of the great importance acquired by the Commons in modern times this custom has fallen into disuse. Still, to a Peer of the realm belongs the privilege, if he should think fit to exercise it, of demanding an audience of the Sovereign, to lay before him "such matters as he may deem of importance for the public weal."

The House of Lords has likewise the right of initiating in

their Chamber any Bills,-save Money Bills, which must originate with the Lower House. The Lords have, moreover, a negative voice on the acts of the Commons, which, though it gives them the power of frustrating really useful measures which may be obnoxious to themselves, yet affords a guarantee to the State against the encroachments of the Lower House of Parliament. The number of Peers of the realm is not fixed or limited, and has varied considerably from time to time, owing to divers causes. During the Tudor and Stuart dynasties there were much fewer Peers than there had previously been, or than we have at the present day. Indeed, the great majority of existing peerages are of comparatively modern creation. The Crown possesses the exclusive prerogative of adding to their number whenever it may see fit to do so; but the Peers themselves are very jealous of having their numbers augmented from the ranks of the commoners, and in the reign of George I. they introduced a Bill to limit their body to those then existing, but the Bill was rejected by the Lower House.

LETTER V.

THE HOUSE OF COMMONS.

The Reform Bills of 1832 and 1867-The Representation of the Country before the Reform Bill of 1832-Rotten Boroughs-Party SpiritAn Election under the old System-The present Composition of the House-Qualifications of the Electors-Of the Elected: in Counties; in Boroughs-Proceedings at a modern Election-The issuing of the Writ-The Nomination-Show of Hands-The Returning OfficerThe Polling-The Return-Rights and Duties of Members.

THE House of Commons, or Lower House, consists of chosen by the people to represent them in Parliament.

persons

I have already told you its origin, and why its members were assembled. The number of places to be represented and of the members that they were entitled to return was originally fixed by the kings; and as they looked with great jealousy upon the increasing power of Parliament, no additions of any great importance were made as the wealth and population of the country began to expand. A history of the progress of the House of Commons would be, in fact, a history of England, and with that I have no intention to supply you. I need only tell you that the acts of union with Scotland and Ireland fixed the numbers of members to be sent by each part of the United Kingdom, and that our representative system, as it now exists, was first settled by the Reform Bill of 1832, and within the last year has been greatly revised by the Reform Bill of 1867.

The Reform Bill of 1832 was due to the perseverance and statesmanship of Earl (then Lord John) Russell and the late Lord Grey. It received the royal assent June 7, and appears in the statute-book as the "Act to amend the Representation of the People in England and Wales," 2 and 3 Will. IV. c. 45 (June 7, 1832). Its main principles were, that boroughs having a less population than 2000 should cease to return members, and that those having a less population than 4000 should cease to return more than one member. It created be

tween forty and fifty new boroughs, including the four metropolitan ones of Marylebone, Finsbury, the Tower Hamlets, and Lambeth, each of the last returning two members. It extended the county and borough franchises. In the counties the old 40s. freeholders were retained, and three new classes introduced: 1, copyholders of 107. per annum; 2, leaseholders of the value of 107. for a term of sixty years, or of 507. for twenty years; and 3, occupying tenants paying an annual rent of 501. In boroughs the franchise was given to all 107. resident householders, subject to certain conditions.

Wide and decisive as were the remedies supplied by this Bill, it became gradually to be felt that the growing population, wealth, and intelligence of our country required a further extension and purification of our representative system. Accordingly, after many various futile attempts at reform by both Whig and Tory Governments, it was reserved for that master statesman, Mr. Disraeli, to introduce and carry into effect the Reform Bill of 1867. As this bill now occupies such an important position in the history of our constitution, I think all interested in knowing "how we are governed" should be fully conversant with its main clauses. I therefore give an abstract of "The Representationof the People Act, 1867." It is divided into three parts.

PART I.

Occupation Franchise for Voters in Boroughs.-Every man shall, in and after 1868, be entitled to be registered as a voter, and, when registered, to vote for a member or members to serve in Parliament for a borough, who is qualified as follows: -He must be of full age; and have on the last day of July in any year, and during the whole of the preceding twelve calendar months, been an inhabitant occupier, as an owner or tenant, of any dwelling house within the borough; and have during the time of such occupation been rated as an ordinary occupier in respect of the premises so occupied by him within. the borough to all rates (if any) made for the relief of the poor in respect of such premises; and have on or before the twentieth day of July in the same year paid an equal amount in the pound to that payable by other ordinary occupiers in respect to all poor rates that have become payable by him in respect of the said premises up to the preceding fifth day of January. No man under this section to be entitled to be