A question has been raised whether, as the Lords Spiritual and the Lords Tem poral, though sitting together, form two distinct estates of the realm, the concur rence of both is not requisite in any de termination of this house, just as the con sent of the two houses of Parliament is necessary to every determination of Par liament. But it is now understood that the Lords Spiritual and Lords Temporal are one body, whose joint will is to be collected by the gross majority of voices; and statutes have been made in the ab sence of all the Spiritual Lords.
The House of Lords has two distinct functions : the legislative and the judi cial.
In its legislative character, new law, and every change in the existing law, must have the consent of a majority of this house, as well as of a majority of the House of Commons.
In its judicial character, it is a court for the trial-1. Of criminal cases on im peachment by the House of Commons ; 2. Of peers on indictments found by a grand jury ; 3. For the hearing and de termining of appeals from decisions of the Court of Chancery ; 4. For the hear ing and determining of appeals on writs of error to reverse judgments in the Court of Kin(s Bench ; and 5. In hearing and determining appeals from the supreme courts in Ireland and Scotland. The
house can require the attendance of the judges of the superior courts of law, to assist it in the discharge of its duties ; which is sometimes done.
A few points in which the House of Lords differs from the lower house of Parliament remain to be noticed. In the chair of the house sits the lord high chancellor of England. When the king goes to Parliament he takes the throne in the House of Lords, and the Commons are summoned to attend him there to re ceive the communication of his will and pleasure. The royal assent to bills, whe ther given by the king or queen in per son, or by a commission appointed by the king or queen, is given in the House of Lords. All bills which affect the rights and dignities of the peerage must origin ate in that house.. The members of the House of Lords have a right of voting on any measure before the house by proxy, but the proxy must be a member of the house : and, lastly, they have the privi lege of entering on the journals of the house their dissent from any measure which has received the sanction of the majority, with the reasons for that dis sent This is called their protest. For further information see PARLIAMENT.