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The firft inftance which occurs of a CHAP. proxy in the Lords Journals, was on the 26th of July one thousand fix hundred and thirty-four, when the bishop of Kildare and four lords were allowed to be abfent, leaving their proxies, which were entered in the present form; but on the 30th of July one thousand fix hundred and thirty-four, twenty-four proxies were entered, four and five of which were directed to one lord (a practice which was corrected after the Reftoration, and no lord allowed to have more than two). The lord who had the proxy was introduced in the name and place of him who gave it, according to a form which was then fettled, with a ftyle of declaration from the lords who had thofe proxies.

On the 16th of April one thoufand fix hundred and thirty-five the earl of Lon

inftances of this practice; fince which period it has been an established privilege in Ireland. It is to be obferved, that, by an order in 1783, a proxy muft be entered before the house rifes the next fitting day. Before that period in Ireland, and still in England, a proxy must be entered before prayers on that day.

donderry

CHAP. donderry was introduced by his

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proxy, directed to the earl of Ormond, according to this practice, which feems at that time to have been a settled prevailing custom and form in the house of lords.

On the 20th of March one thousand fix hundred and forty, it was ordered that proxies fhould deliver their votes in the place of those they reprefented. Many more inftances of this mode of proceeding occur till the 23d of May one thousand fix hundred and fixty-fix, when viscount Beerhaven was introduced, according to this form, which appears to be the last inftance of this practice, as it cannot be traced after the Revolution, though the custom of entering lords as present by proxy, is evident from the beginning of the Journals, even fo low as the year one thousand seven hundred and nineteen ; and poffibly had I been more induftrious, I might have traced it ftill lower but this practice is now obsolete, and no inftance of it occurs for above twenty years paft.

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I have been more particular in tracing CHAP. this cuftom, because the privilege of protesting by proxy depended upon it, which is a peculiar cuftom, not to be traced in the records of the lords of England; and I fhall conclude this head with the remarkable cafe of the earl of Waterford foon after the Restoration.

John Talbot, the firft earl of Shrewfbury, in the time of Henry the fixth, was created earl of Waterford and Wexford in the fame reign. He forfeited his eftates and titles, by an act of Henry the eighth, known by the name of the act of absentees. Titles were probably in thofe early days territorial, and appertained to certain lands and jurifdictions.

Charles the fecond renewed this title of earl of Waterford; and the earl was introduced by his proxy, affigned to the earl of Clanricarde the 10th of July one thousand fix hundred and fixty-one; but the lords placed him after the earl of Mountrath, not VOL. II.

accord

CHAP. according to his original grant, but agree

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ably to the renewal of his title.

On the 5th of December one thousand fix hundred and fixty-one, lord Shrewsbury petitioned againft being affeffed in a pollbill, though he had no eftate in Ireland. This cafe was referred to a committee, and gave rise also to an enquiry, whether peers who were not eftated in Ireland could give proxies. This is perhaps one of the moft curious cafes in the Journals of parliament, as it involved many fubtle questions, fave only those two which I have cited, of lord Lifle and the earl of Rochford, two Englifh peers, who appear to have fat in the houfe of commons of Ireland.

Of the orders of the have but little to obferve.

house of lords I In the feffion of

one thousand fix hundred and thirty-four, it is very perceivable in the Journals, that lord Strafford frequently interfered, and en

deavoured

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deavoured to render their forms fimilar to CHAP. thofe of England: the main body of their standing orders were framed in that feffion,

and others have been added fince; fome

of which have been adopted in one thoufand feven hundred and eighty-three, upon the revival of the appellant jurisdiction, when the orders were revised with great care and much labour: the claffing them in their present form, and arranging those matters which corresponded in a regular series, is an advantage which they poffefs over thofe of England; and this is owing to the abilities of one of their most eloquent and best-informed members, the archbishop of Cafhel.

The privilege of protesting by proxy, which is unknown in England, as I never heard of it there, nor could trace any instance of it in their Journals, depends upon a practice in the feffion of one thoufand fix hundred and thirty-four, which has been already explained; namely, the cuftom of lords being introduced by proxy: the O 2

moft