The Express.
London, England, 1856-02-08 00:00:00

lasi CiWilif !lola. is rooldiss Os mike. dwell spas
the smoky of rotator:ass die legal maim of Oka sem
=Wl=on argod is osprsol sf silo solids at
lobslast Rs. Lamm's.

TM LORD di

b.d. their lordships hake

tam Met, la sttemptiag to Ornate the IMlG•iltntio6, they
should themselves be lasivortsatly tteathiag ups it, by
iithbileg spot the proevo of the crown fa a matter
upon which they had neither autlerity nor *Wham.
(Ob. oh.) Be might to wrap/ ; bat be thought be should
satisfy their lordship that them was no precedent whatever
am om which ha should suer be able to dispose of, that
amid manna the lordships in ado:optima the seam til
bad bean onkel to puns What wars the legal Malt_
waits of a put M sobality i Be task upon tumuli to
my that they wan all privileges and rights without the
wails et that home. That shish pm may noble lord
nemad him a seat fa the limes ol Pears, was,
Basil his latest. hat hie writ of smamoss. (Hoar.)
within Ass last citatory sad a kelt, or two weatarise, the
peen bad Mee la the WPM retatriag voodoos »Whig
to write if ensawoes to tbde tordealps, *Melte mows would
=ha very ill wished Wit went net to au wpm their
Mme. it
It Bat it was laid dawn is
ei IMP it was Ms savant &Mass, that is ibis
=the if hid aso =tslaitsetami
bad op swift Isprithke

Weis iseginesge we a entente te the Mesa The Ant
andenaltfeigralent of than privileges woo, se dubs, the
right to deemed a writ or susses; het there was also the
tight le he tried by, in • anaemia way, the r ght of
linedsm from arrest, mid other iinterteet rights. Now
mappom,foe eauerle—ead he really mut bag his sale
end isemsed fried Lord Weneloydake pardon fir
the ouggeillem—la abide triad wee charged with
»lam sal to mopes, he were to Flood his peerage what
would • muted am say if May were told that the Home
of Lads had MAW sinus the data ? This was no (bi-
naries& sappedgee. Is the Shoe of William 111. it setnelly
maned. A gums soma ()Berk. Keuries pleaded that
he was the Berle/ peahen. To that it was replied that
the Besse of Lids bed added that he was sot demensdell
frees the pease to wheel the petal» had bees originally
greeted. Lira Chief Jostles Nat decided that %badminton
of their lordships was of no moment, sad when he was
galled to their »reales bar and asked to explain, he re-
spectfully »fused to do so. TM proper time se try the
queues that had been raised in the avant tnauset, would
be wham some desesedsat of ls.rd Weedsydato—hls
daughter's en fee instasee—demeaded hie writ of
summers• ea he (the Lord Obeesake) weld
wars their lordships sanest the desigeress mune
upon whisk they would embark if they •i
to interkre et the utast stage. He wee aware that
was use instates whin hat been meek relied epee is the
curse of tide disunion as a precedent. It was dr ernes
of the Duke of Hamilton, which arose when Qatten Amu,
two or three yeas after the Ualoo, comforted apes him the
digaity of Duke of Brands& is Beglaad. He found by the
journals that on the 12th of December, 1711, it was ordered
that the house would take the subject into its c °addenda'.
There was soberquestly a great debste—for the question
amused, what he hoped the present would not, • strong
art aspect—ad it was resolved that the subject should
be d in the presence of the judges. That was
done, end he bold that • motion was made that the
judges .should deliver their opiaioes. The notion visa,
however, resisted—doubtless basses* it was pretty well
hum' what the judges' opiates' would be; sad it was
belly resolved that the Clean had no power to cosier
at Baldish peerage on • &etches's. That was
the eolitary mad very unpromising precedent apes
which their lordships were sow invited to telly; for
In 1782, what the (meadows of the Duke of Hamilics sp.
plied for his writ of mesons ss Duke of Brandon, the
question wee referred to the bane by the King, and their
»rabies reversed their declaims is 1711. Sias* he (the
Lord Cesnallor) had come into the house, he bad been se-
saisded of what sad paced last maim The queetton then
was oes whether Lord Former had been properly treated
se Irish peer. The matter had only been refer ed to cos-
vereationally, sad it had mused nab stlatio, for the s e> h eel
Men telt to ha ate of geed urgency, and every one bad
been =Mom to put his shoulder to the wheel. Indium-
daily. then, of what he (he sob» and lemeed lord) might
call a. merits of the ease, he protested agsinst the muss
they wore sow asked to perm », as • moss seuestintiosal
attempt to arrogate to the Home of Peers • protrudes
shah they did not possess. It had never esereised each a
power szeept in the ease he had referred to, end that +idol
differed from this; fir the gtoand on which the Duke of
Brg:ich peerage was °pie ed was, that the
Queen bad so more parer to great • peerage toe Satehman
that to • foreigner ; and the house sosid no doubt be jog.
tiled in bsterpretiog where the claimant was • minor, a
foreigner, &women or say person labourieg tumor any tee
empathy to sit. Let it not be sup; owl, however, that he
(the Lord Chancellor) at all shrank hum again this quee-
ton opposite aerie. His noble and learned friend (Lord St.
Loosens) had gone farther than the noble mover of this
main, and had dealmet them life peerages to be illegal.
Now he (the Lord Chastain') never approached a question
with more eronfidenes than he did the proses% ; sad as the
noble end learned lord was so doubt equally se confident,
he was afraid they would offer an eshibitiou not very cre-
dits», to the certainty of the law. (A. laugh.) What he
(the Lord Chancellor) said, and said distiestly, was, both
that the granting of this West was a legal act, sad that it
eutitled his noble and leaned fraud to his writ of sea-
mess. Now, fortenetaly or usfartunately, we had in this
esentry no code to whisk ;we could refer. We could only
bow our law by refer/at toeless deciolous and those writ-
ings is which learned men had from time to time handed
down the legal traditioes of our Norman and Baron sear
bites. In no first place, thee, there was Lord Coke.
He was almost abused to rear to that eminent lawyer
seam; but be was really on his trial before their »edema.
If this patent were illegal, he did not know that he should
sot be impeached for it, sod certainly he stead bee
natal with the severest osesure—unless, »deed, his having
taken eonsiderable pains to arrive et the truth, were Re-
mitted as his situ». He felt that he was the constitutioul
law misister of the crown, sad a such he but not bed
toted fee • siegle moment as to the greeting of this patent.
The lint authority to which be should refer as warranting
him was that of Lord Coke. As to the authority of Lord
Coke, be would qua • few words from • book which was
net • law book. He alluded to the " Lives of the Chief ,
Justices," by Lord Campbell—(,lsson and laughter)—who
evoke of him as " • ooneideratas person is our history."
It was to him we owed the petition of rights. He Yid—
"H. was familiar to us es • teeter. Smart lags) practi-
Nissen who ere only desirous of inching money of their
profeesiu, seglect his works, but they continue to be
studied by ell who wish to know history and smite •
edeutitio keowledge of our politieal sod judicial laths-
Aed he went on to say that "his opal wasetwe
Is his semmeet en Madam, which of itself usual said to
costae the whole commas law of Inplend." New, *hat
did Lord Coke say is that mem magma, which sustained
the whole easseete law? He sad, The king may cream
either • man or a women sable for life, but set for years,
beaus* then it writ go to executors or admiaistiators."
There We noktie and leaned friend (Lord Lysdkurst)
stepped, sad »fern» that this luau lately that the kteg
Gould give • patent of preceduce, or that sort of nobility or
rest; but Lord Coke west en to add the words, 'las • Iced
of pediment." But that was not the only temente in
whisk Lord Coke alluded to ir. There must be
• deers pauses in Lord Coke's works in width
this we. said. There was a usage hi hie 9th
velum, is which the Lord Chancellor called to his
swieteate Lord Coke, the Load Chief Ba-oe, and the que-
lls* was es to the tamer of the Crown to reuse • grant
whist had has urn of the liershatsca Amu,/ other
matten, the sees of peerages was deceased, aid ih's was
what Lord Cake gen as the umalinue °piens of himself
and the eubeejneges cl But as the King c mutt greet a
peerage for years, which would go to *testators or alai-
Wares rs, so without question the King nay twat' au earl
for life, Is tall or le fee." Then there was the ease of Lord
Abergaveeny, is the 12th volume of the SWIM is which it
was held that a writ of 16161110611 did sot give • right to
senility, sakes the party nsmosed sat under the writ;
" but if the Kiegerestes an baron by lotto» palest under
the gnat seal to has end the heirs of his body,» for life,thes
be bo=ttled." 111. re wGrein the library 't Lincoln's-inn
the auseritste copied from Coke that were » the peace
sion of Sir Matthew Hale, and who sever said a word on
that question, mad who »anew* treated It al • matter that
admitted of so doubt. Neat to Hale there was Lord Chief
Bleu Cannes who had written • digest of the law, lied
seller the bead, " dignity," said, " • mu may he slated
east sr hares by patent, limited to the helm of his
hely. owl so It may be limited only for life." Then
Biseksteme said that a utast of noaFty must be
is weals to divest the »heritages, elm it endured
only to the greats for life. There was mother
sutUrity. Jostles Doddridge, • very able judge in the
Vise of Charles I who said that • patent of utility
" may be he lON suet eine ether saa's life." The seam
Wag wee 101 l dews Is tom works, het they were moiety
iftPtlilifot of Ibllleginten Lied Coke. Bet it did not vet
there. Bens thirty yaws ego, • sommittee of their lord-
ships' Loess faveateil the whole subject of the damns.
of peerages ; and Lord Redesdals, who wrote their report,
wised that " grads had lieu specially restraised to
els Its of the anon, to whoa the gnats lad bees
agile, He termed to the men of Gsbesed 69
Drift 'orbs wee wade Sul of Huallaga's. HY
'sable Mewl said the punt was walked, but
list wee es weer. A peseta* wee greeted by the
galesel. motile egg of lends. leads. It wee after
web abseveled that then woo ass power to gnat the
gooks out of tbew lowle, awl somber latest wen issued
it easel seeskode. That wee la the ant yew et
Ywedll., eel Is the bet, stem% 0664 eat tow* writs
ed maws lined by list womb Clibswil is Diaby