What is Privilege of Peerage?
During the writing of my current project, the Wynthall Manor Trilogy, I have been deep within the studies of 19th-century England, the majority of which have been during the late Regency in the early 1820s. Even before my endeavors to write about this time period I found it one of the most fascinating studies ever to catch my interest. Everything about it is intricate; everything from its laws, lands, and titles to its traditions, expectations, and honour. It is all so very in-depth that I wonder how any one person could know every detail about this incredible period of history.
That being said, one of my most recent studies has been that of the Privilege of Peerage, special exemptions which were granted to members of the British Peerage. The privilege of peerage is for all temporal peers and peeresses no matter their rank and are not in use in modern time, some having been abolished even before the 19th-century.
1) Freedom from arrest
Because members of both Houses of Parliament must be available to give advice to the Sovereign, they enjoy the privilege of being immune to arrest and imprisonment. This immunity is only covered under civil cases, however, and does not apply to criminal cases. The privilege is much like that listed in our Constitution in regard to senators and representatives; "in all cases, except treason, felony and breach of the peace, be privileged from arrest during their attendance at the session of their respective houses". The only difference would be that peers are free from civil arrest even when Parliament is not sitting.
In most cases the privilege was only used to avoid imprisonment in debtor's prison or to avoid punishment in civil cases. In 1870 freedom from arrest in cases of debt was abolished and since 1945, Privilege of Peerage has only been claimed 2 times and was deemed "unthinkable in modern times" by the residing judge.
2) Trial by Peers
In 1341 the privilege of Trial by Peers was established, giving peers and peeresses (applying to peeresses only after 1442) the right to a trial by their equals. Just as commoners are tried by fellow commoners, peers are given the same privilege in the event that they commit a crime.
A court of peers would declare the defendant "guilty/not guilty, upon my honour" until 1948 when the privileged was abolished.
3) Access to the Sovereign
A peer, from the moment they become in possession of the title, becomes a counselor to the Sovereign, a part of the Great Council (magnum concilium) one of four of the Sovereign's counsels.
"...it is usually looked upon to be the right of each particular peer of the realm, to demand an audience of the King, and to lay before him, with decency and respect, such matters as he shall judge of importance to the public weal." In 1778 Sir William Blackstone addressed the issue of a peer's right to access the Sovereign.
The abolition of the privilege was recommended in 1999 by the Joint Committee on Parliamentary Privilege.
4) Scandalum magnatum
A peer's honour was his greatest possession, even valued above his life. Because of this it was protected by the law refereed to as, Scandalum magnatum.
In 1275 the Statute of Westminster read: "from henceforth none be so hardy to tell or publish any false news or tales, whereby discord, or occasion of discord or slander may grow between the King and his people, or the great men of the realm," meaning that one dared not make any defamatory remark in the direction of a peer. This was considered worse than slander and a criminal offense but was abolished by the end of the 1700s.
These are the privileges formally known to be enjoyed by peers and peeresses but there are several unofficial privileges not ever made into law. I recently read the history of dueling and found it extremely interesting. Though considered murder in the eyes of the law, such a conviction was often overlooked by jurors who understood the necessity of defending one's honour. This - and many more - are great studies, especially for writers who's passions lie in the Regency!
I hope you all enjoyed his little peak into British Peerage history. There is so much more to know about this fascinating time period and I as I learn and write I hope to share more of it with you. For me, it is so helpful to be able to put into words what my mind is attempting to understand; so this is as much for me as it is for anyone! (And if you have any info to add to this please let me know! I want to learn as much as I can to be able to apply it to my upcoming novels)
For more posts in my Regency Blog Series check out:
References:
https://en.wikipedia.org/wiki/Privilege_of_peerage
https://en.wikipedia.org/wiki/Duel
https://georgianjunkie.wordpress.com/2010/11/28/a-peers-privilege/
IF YOU ENJOYED THIS, PLEASE CHECK OUT MY LATEST 19TH-CENTURY ROMANCE NOVEL, WYNTHALL MANOR!