 the arbitrary Ministry of
Richard
II. invented the Method of ennobling by Letters Patent, at the King's Pleasure, whether for Years, or for Life, or in special or general Tail, or in Fee-simple to a Man and his Heirs at large. This Prerogative, however, was thereafter, in many Instances, declined and discontinued, more particularly by the constitutional King HARRY the Vth. till meeting with no Opposition from the other two Estates, it has successively descended, from
Henry
VII. on nine crowned Heads, through a Prescription of near a Century and a Half.
Next to their King, the People have allowed, to their Peerage, several Privileges of the most uncommon and illustrious Distinction, their Christian Names, and the Names that descended to them from their Ancestors, are absorbed by the Name from whence they take their Title of Honour, and by This they make their Signature in all Letters and Deeds. Every temporal Peer of the Realm is deemed a Kinsman to the Crown. Their Deposition on their
Honour
is admitted in place of their Oath, save where they personally present themselves as Witnesses of Facts; and saving their Oaths of Allegiance, Supremacy, and Abjuration. Their Persons are at all times exempted from Arrests, except in criminal Cases. A Defamation of their Character is highly punishable, however true the Facts may be and deserving of Censure. During Session of Parliament, all Actions and Suits at Law against Peers are suspended. In Presentments or Indictments by Grand Juries, and on Impeachments by the House of Commons, Peers are to be tried by their Peers alone; for, in all criminal Cases, they are privileged from the Jurisdiction of inferior Courts, excepting on Appeals for Murder or Robbery. Peers are also exempted from serving on Inquests. And, in all Civil Causes, where a Peer is Plaintiff, there must be two or more Knights impanneled on the Jury.
The Bishops, or spiritual Lords, have Privilege of Parliament, but have not the above Privileges of personal Nobility. In all criminal Cases, saving Attainder and Impeachment, they are to be tried by a Petit-Jury. Moreover Bishops do not vote, in the House of Lords, on the Trial of any Person for a capital Crime.
All the temporal and spiritual Nobles that compose the House of Lords, however different in their Titles and Degrees of Nobility, are called Peers (Pares) or Equals; because their Voices are admitted as of equal Value, and that the Vote of a Bishop or Baron shall be equivalent to that of an Archbishop or Duke.
The capital Privilege (or
