Page images
PDF
EPUB

deemed to be legal church-warden, although he shall have neglected or refused to take the usual oath of office in the manner prescribed by law; and the entry of such election, &c. in the vestry-book of the parish, &c. and signed by the rector, vicar, or curate, and 3 of the parishioners then present, shall be conclusive evidence of such election, &c. although not signed by such church-warden.

§ 6.

s.2. It.

lr.

VI. Next as to parish-clerks, the 33 Geo. 2. c. 11. Ir. as amended by the 25 Geo. 3. c. 58. Ir. enacts, that in Parish-clerks→ their salary in every parish, or union of parishes, or town that has a Ireland church or chapel of ease, and service, a vestry shall 33 Geo. 2. c.11. be held on Monday or Tuesday in Easter-week, for as- 25 Geo.3. c.58. sessing the clerk's salary, which is not to exceed £20. nor to be under £10., where the service is usually celebrated on common week-days as well as on Sundays and other festivals, or otherwise the sum shall not exceed £10. nor be under £5.; which respective sums shall, within 30 days after Easter-Sunday in every year, be applotted in like manner as cesses for the repairs of the church, and be paid by the church-wardens; and they are accordingly enabled to recover such salary by civil bill against the church-wardens, where they shall neglect or refuse to collect and pay the same, who may recover over against the parish and if any such parish or union shall neglect to assess or applot such salary, the clerks may also have the same remedy by civil bill; or 2 justices of peace may applot the same by examination on oath, and authorize it to be levied by the parish-clerk by distress and sale. These acts are peculiar to Ireland.

demesnes in

c. 49. s. 9 Ir.

VII. Lastly as to sextons, the statute 23 & 24 Geo. 3. § 7. e. 49. Ir. is peculiar to Ireland, which provides (s. 9.) that Sextons-their it shall be lawful for the archbishop or bishop of the dio- Ireland. cess, where any vicarage or curacy appropriate shall be 23 & 24 Gen. 3. endowed in pursuance of any act now in force, by writing under his hand and archiepiscopal or episcopal seal, to allocate any part of the lands so granted as a perpetual glebe, not exceeding 6 acres, as demesnes for the sexton of the parish, (and master of a free school) in such proportions as such archbishop, &c. shall judge proper: provided that no such sexton, &c. shall be thereby qualibed to vote as a freeholder.

[blocks in formation]

CHAP. XII.

$ 1.

Creation of peers.

40 Geo.3. c. 38. Ir.

40 Geo.3. c.67.

Eng.

Of the Civil State.

THE prerogative of the king, as the fountain of honour

and nobility, in creating peers, is in some measure de-
fined or restrained by the Act of Union (40 Geo. 3. c. 38. Ir.
and 40 Geo. 3. c. 67. Eng.) by the 4th article of which it
is provided, that it shall be lawful for the king to create
peers of that part of the united kingdom called Ireland,
and to make promotions in the peerage thereof, after the
union; provided that no new creation shall take place,
until three of the peerages of Ireland which shall have
been existing at the time of the union shall have become
extinct, and upon such extinction it shall be lawful for
the king to create one peer of Ireland; and in like man-
ner so often as three peerages of Ireland shall become
extinct, it shall be lawful for the king to create one other
peer of said part of the united kingdom. And if the
peers of Ireland shall by extinction of peerages or other-
wise be reduced to the number of one hundred, exclusive
of such peers of Ireland as shall hold any peerage of
Great Britain, subsisting at the time of the union, or of
the united kingdom created since the union, by which
such peers shall be entitled to an hereditary seat in the
house of lords of the united kingdom, then it shall be
lawful for the king to create one peer of Ireland, as often
as any one of such one hundred peerages shall fail by
extinction, or as often as any one peer of Ireland shall
become entitled, by descent or creation, to an hereditary
seat in the house of lords of the united kingdom; it being
the intent of this article that at all times after the union,
it shall be lawful for the king to keep up the peerage of
Ireland to the number of one hundred, over and above
the number of such of said peers as shall be entitled, by
descent or creation, to an hereditary seat in the house of
lords of the united kingdom. And this article declares,

that

that if any peerage shall be in abeyance, it shall be deemed an existing peerage; and no peerage shall be deemed extinct, unless on default of claimants to the inheritance of such peerage for one year from the death of the person who shall be last possessed thereof; and if no claim shall be made to such peerage in such manner as may from time to time be prescribed by the house of lords of the united kingdom, before the expiration of said period of a year, then such peerage shall be deemed extinct; but any person may afterwards put in a claim to said peerage, and if such claim shall be allowed by the judgment of the house of lords of the united kingdom reported to the king, such peerage shall be considered as revived; and in case any new creation of a peerage of Ireland shall have taken place in the interval, in consequence of the supposed extinction of such peerage, then no new right of creation shall accrue to the king, in consequence of the next extinction of any peerage of Ireland. This article also provides, that the lords of Privileges, rank, and precedence parliament on the part of Ireland in the house of lords of of peers. the united kingdom, shall have the same privileges of parliament which shall belong to the lords on the part of Great Britain and the lords spiritual and temporal on the part of Ireland shall have the same rights in respect of their sitting and voting upon the trial of peers, as those on the part of Great Britain. And all lords spiritual of Ireland shall have rank and precedency next after the lords spiritual of the same rank and degree of Great Britain, and shall enjoy all privileges as fully as the lords spiritual of Great Britain; the right of sitting in the house of lords and the privileges depending thereon, and particularly the right of sitting on the trial of peers, excepted and the persons holding any temporal peerages of Ireland existing at the time of the union, shall have rank and precedency next after persons holding peerages of the like orders and degrees in Great Britain, subsisting at the union: and all peerages of Ireland created after the union, shall have rank and precedency with the peerages of the united kingdom so created, according to the dates of their creations. All peerages of Great

Britain

serve as British

Commoners.

Britain or Ireland, subsisting or to be created, shall from the date of the union (1st January, 1801,) be considered as peerages of the united kingdom; and the peers of Ireland shall as peers of the united kingdom be sued and tried as peers except as aforesaid, and shall enjoy allīprivileges of peers as fully as the peers of Great Britain, the right of sitting in the house of lords, and the 'privileges depending thereon, and the right of sitting on the Irish peers may trial of peers only excepted. It is a provision by this article of the union, that any person holding any peerage of Ireland, then subsisting or to be created, shall not be disqualified from being elected to serve, or from serving or continuing to serve, if he shall so think fit, fór ány county, city, or borough of Great Britain, in the house of commons of the united kingdom, unless he shall have been previously elected to sit in the house of lords of the united kingdom; but so long as such peer shall continue to be a member of the house of commons, he shall not be entitled to the privilege of peerage, nor be capable of being elected to serve as a peer on the part of Ireland, or of voting at any such election of peers, and he shall be liable to be sued, indicted, proceeded against, and tried as a commoner, for any offence with which he may be charged.

Precedence of peers and officers of England.

Eng.

The precedence of the peers and certain great officers of England is regulated by the 31' Hen. 8. c. 10. Eng. 31 Hen.S. c.10. which enacts that no person, except the king's children, shall sit at any side of the cloth of estate in the parliament-chamber; and the king's vicegerent for the ecclesiastical jurisdiction shall sit on the right side of the parliament chamber, and upon the same form with the archbishop of Canterbury, and above the archbishop, and shall have voice in parliament as other lords: next (by s. 3.) shall sit the archbishop of Canterbury, and next on the same form the archbishop of York, and next on the same form the bishop of London, next the bishop of Durham, and next the bishop of Winchester, then all the other bishops shall sit on the same side after their an éienties. By s. 4. the lord chancellor, lord treasurer, lord president of the council, lord privy seal, being of

s. 3.

3. 4.

the

[ocr errors]

3. 6.

8. 7.

s. 3.

the degree of barons, or above, shall sit on the left side of the parliament-chamber, on the higher part of the form, above all dukes, except such as shall be the king's son, brother, uncle, or nephew, or the king's brother's or sister's son. By s. 5. the great chamberlain, the constable, the marshal, the lord admira!, the great master or lord steward, and the king's chamberlain, shall sit after the lord privy seal, and above all personages of the same degrees that they shall be. By s. 6. the king's chief secretary, being a baron, shall sit above all barons, or if he be a bishop, above all bishops. By s. 7. dukes, marquisses, earls, viscounts, and barons, not having any of the of fices aforesaid, shall sit after their ancienty. By s. 8. if the lord chancellor, lord treasurer, lord president, lord privy seal, or chief secretary, be under the degree of a baron, they shall sit at the uppermost part of the sacks in the midst of the parliament chamber, either upon one form, or upon the uppermost sack in order as above rehearsed. By s. 9. in trials of treasons by peers, if any of the peers shall have any of the offices aforesaid, they shall sit according to their offices. And bv s. 10. in all other assemblies and conferences of council, the lord chancellor, lord treasurer, lord president, lord privy seal, great chamberlain, constable, marshal, lord admiral, grand master or lord steward, the king's chamberlain, and the king's chief secretary, shall also sit in such order as above rehearsed. The 1 W. & M. st. 1. c. 21. Eng. which 1 W. & M.st.1. c. 21. s. 2. Eng. is an act for enabling lords commissioners for the great seal to execute the office of lord chancellor or lord keeper, declares (s 2.) that they shall take place after the peers of the realm, and speaker of the house of commons, unless any of them shall be a peer, and then according to his peerage. The 6 Ann. c. 7. s. 8. Eng. (which has been in part Officers civil stated ante p. 153-4.) provides, that the office of lord chancellor of Great Britain, lord high treasurer, lord pre

5. 9.

s. 10.

and military to continue in office

[ocr errors]

after demise of

6 months sident of the council, lord privy seal, lord high admiral, the crown, unless ren.oved by or of the great officers of the household, or any office, success. place, or employment, civil or military, within Great 6 Ann. c. 7. Britain, or Ireland, Wales, Berwick upon Tweed, Jersey, Guernsey, Alderney, and Sarke, or any of her majesty's plantations, shall not become void by the demise of the

crown;

s. 8. Eng.

« PreviousContinue »