PEERS (Lat. pares). The vassals of a lord ; the freeholders of a neighborhood, be fore whom livery of seisin was to be made, and before whom, as the jury of the county, trials were had. 2 Bla. Com. 316. These vassals were called pares curia', which title see. 1 Washb. R. P. *23. The term was formerly used to designate co-vassalship. without restriction as to rank or condition ; Harcourt, The Lord Steward 225.
Trial by a man's peers or equals is one of the rights reserved by Magna Carta. 4 Bla. Corn. 349.
The nobility of England, though of differ ent ranks, viz., dukes, marquesses, earls, vis counts, and barons, are equal in their privi leges of sitting and voting in the house of lords ; they are called peers of the realm. They are created by writ summoning them to attend the house of lords by the title in tended to be given, or by letters patent di rectly conferring the dignity. The former is the more ancient way ; but the grant by pat ent is more certain. See Sullivan, Lect. 19 a; 1 Wood. Lect. 37.
In 1856, Baron Parke was created a life peer ; the house of lords decided that a life peer could not sit and vote in parlia ment.
Bishops who sit in parliament are peers; but the word spiritual is generally added; e. g. "lords temporal and spiritual." 1 Sharsw. Bla. Uom. 401*, n. 12.
The titles of all temporal peers are now hereditary ; May, Law of Parl. 14; except certain peers holding judicial office, whose peerage is a life peerage only.
Scotch and Irish peers are not entitled to sit in the lords, but sixteen representa tive Scotch peers are elected to each par liament, and twenty-eight Irish peers are elected to sit in the lords for life.
A peerage is not transferable, except with consent of parliament; id. Succession to the title is destroyed by attainder; see 1 Bla. Com. 412*. A peerage cannot be sur rendered, extinguished, or in any way got rid of unless the blood be corrupted ; [1907) A. C. 10.
When an English peer has been adjudicat ed a bankrupt, he cannot sit in the house of lords ; he loses no other privilege thereby. When the bankruptcy is determined be may resume his seat. If he obtains his discharge with a certificate that bankruptcy was the result of misfortune, the disqualification may be removed. But in the case of Scotch or Irish representative peers in the house of lords, bankruptcy not determined within a year vacates their seat.
A member of the house of commons, when he becomes an English or Scotch peer is disqualified to sit in the commons.
Peers formerly could vote by proxy, but the right was suspended by a standing or der in 1868.
If a resolution is passed contrary to the sentiment of any member of the house, he may "protest" and enter his dissent on its journal. See PROTEST.
As to the trial of peers, see tit. Lord High Steward, in 8 Encyc. Laws of Eng.; Har court, The Lord Stewart; Round, Peerage; Pike, 'Constit. Hist. of H. of L.; COURT OF THE LORD HIGH STEWARD ; PARLIAMENT.