regis, and hath made a procurator also for himself; for the proxy is but an authority to give another man's consent, which cannot be referred to a third person. And therefore in such case the lord Vaux made a second proxy anno 18 Jacobi Regis, which I think was rather to detain his particular vote (a dignity particular to the lords of parl.) than to avoid the king's displeasure; the first proxy being a sufficient excuse for his absence. Neither is it the use now to make proxies unto strangers who are no members of the house, nor to any of the attendants, as to the judges, barons of the exchequer, or the like. The form of the king's license to be

alsent at this day.

The first extant is in the journal of 8 Eliz.

"Right trusty and well beloved, we greet you well. Whereas we are informed, that by reason of sickness you are not able to make your repair hither to this our session of parl. to be holden at Westminster; we have thought good by these our letters to dispense you for your absence, and to license you to remain still at home for this time, so nevertheless that you do send up your proxy to some such personage as may be for you, and in your name give his voice, assent or deny to such matters as shall be treated or concluded upon in our said parl. and this our letter shall be your warrant. Given under our signet, at our palace at Westminster, the 20 Sept. in the 8 year of our reign."

From the Lex Parliamentaria. Any lord of the parliament, by license of the king, upon just cause to be absent may make a proxy. (4 Inst. 12.)

As many proxies as any peer hath, so many voices he hath be side his own; and if there be two or three proxies constituted by one absent lord (as is frequent), then always the first named in the same is to give the voice if he be present, and if absent, then the second, &c. sic de reliquis.-(Ibid. Col. 2.)

It is plain by the ancient treatise, Modus tenendi parlamentum, that if a peer neither came to the parlia ment, nor sent a proxy, upon his writ of summons, he forfeited 1001 if an earl; 100 marks, if a baron, &c.-(Ibid. 6 Col. 1.)

It seldom happeneth, that any bishop do nominate fewer than three, or two proxies; nor any temporal lord more than one.-(Towns. Col. 4, 39, 40, 42.)

John archbishop of Canterbury had this parliament five proxies. (Ed. 34.)

1 Eliz. a lord of parliament, by license obtained of the queen to be absent, made a proxy to three lords of parliament; one of which gave consent to a bill; the other two said, Not content. And it was by order of the lords debated among the judges and civilians attendant,

and

this was no voice; and the opinion conceived by them, that was affirmed by all the lords, that this was no voice.-(4 Inst. 12. 13.)

2 Car. I. 1626. The, house of peers made an order, That after this session no lord of this house

shall be capable of receiving above two proxies, or more, to be numbered in any cause voted.-(Rush. Col. 269.)

Lord Coke, in his " Fourth Institute," under the title of " Absents and Proxies," quotes from a record of Ed. IV. De vero modo tenendi parliamentum-“ That any lord of parliament, by license of

the

the king, upon just cause to be absent, may make proxy," &c.

It further appears, from the fourth institute" That if the king, by his writ, calleth any knight or esquire to be a lord of parliament, he cannot refuse to serve the king there, in communi illo, consilio, for the good of his country." It hence appears-1st, That all knights and esquires (and consequently all barons who by the tenure were so obliged) as were summoned by the king's writs to the house of peers were obliged to attend. 2d, That before the conquest, and after the conquest, (except as shall be hereafter specified,) the peers were obliged to attend, not solely in person, but either personally or by proxy. For, if they at tended by proxy, they could not be fined by the king; but if they neither obeyed his royal summons by person or proxy, they could be fined. It will appear from Selden in his chapter of proxies, that several kings at particular periods endeavoured to diminish this privilege granted before the conquest, and confirmed by the conquest, to the peerage; but he quotes certain instances wherein the king, propter arduitatem rerum, insists in his summons upon the personal attendance of the barons, and, pro illa vice, will not admit of proxies.

This kind of writ of summons, so, derogatory from the privileges granted to the barons before the conquest, was soon laid aside, and the privilege of acting by proxy has not been interfered with for centurics. It further will appear, that the sovereigns of England having desisted from interfering with the privileges granted to the barons before the conquest, since confirm

ed them by the forms used in granting patents of peerage, and in calling up peers by writ.

The form of grants in every patent of a peer is as follows: That he may have and posess a seat, place and voice, in the parlia ment and public assemblies and councils of us, our heirs and successors, amongst the peers and barons of parliament, and may enjoy and use il and singular the rights, privivileges, immunities, and advantages, to the degree of a baron belonging, which other barons of this our kingdom have heretofore honourably and quietly used and enjoyed, and as they do at present use and enjoy."

It is therefore contended, that the barons and peers of the realm having derived from the crown the right of voting by proxy, before the conquest, that right having been confirmed at the conquest, the interference with that right having been renounced by subsequent sovereigns through desuetude, and all its ancient force of authority being re-established in all patents of creation and writs of summons, two consequences follow:

First that the privilege of attend. ing as a peer by proxy flowed as a grant from the prerogative of the crown before the conquest, and is antecedent to the common law.Second, that it being a privilege not inherent in the peerage, ex vi necessitatis or ex vi convenientia, but derivative trom the crown, it cannot be annulled by any vote of any member of the lords in parlia ment, nor by all the lords assembled together.