The Sun.
London, England, 1831-02-24 00:00:00

DEVON PEERAGE.

Mr. NICHOLAS addressed the Committee on behalf of
the claimant in this Peerage. It was his duty to athiress
their Lordships on the same side with his Learned Friend
Mr. Pepys, on the subject of the claim of William
Viscount Courtenay to the Earldom of Devon. It was
quite unnecessary for him to detail the history of the illus-
trious fam;ly, whose cause he had undertaken to advocate,
as it was identified with the history of the country, and
had been thought a subject worthy the pen of some of the
most eloquent historians. He did not apprehend the
question of pedigree would be disputed by his Learned
Friend the Attorney-General, and that being so, the im-
p .rtant question he had to grapple with was, whether
the words " heirs male," in a patent of Peerage,
were to be considered in their plain sense, or the
same sense in which they would be considered in com-
mon pall:ince in every other species of right, or whe-
ther in a patent of Peerage these words received a
,onstrurtion at variance with their acceptation on every
other occasion. The first consideration would be the
legal or technical effect of the words "heir male" in a
patent of Peerage; in his (Mr. Nicholas's) opinion they
must be either considered as meaning heirs male, colla-
teral, or heirs male of the bo ly, or they must mean no-
thing at all. This construction had been put upon the
words by repeated decision, in Hilton's case, ISth
Edward 111., in Favington's case, 9th of Henry
VI., and in Lovell's case in the 18th of Henry
VIII. The Learned Counsel then proceeded to argue
that grants of Peerage were not governed by the same
rules as grants of land, and for that purpose quoted
several reports of different Committees, and the decision
of the great Earl of Shaftesbury. The Learned Counsel
also contended that the power of the Crown to limit a
Peerage could never he questioned, and for the purpose of
supporting that argument cited a manuscript work called
the Magazine of Honours, and also an analysis of every
grant of Peerage from the earliest times down to the time
of Henry the Sixth, shewing that grants of Peerages had
been given to persons who were not to hold any office in
the House of Lords, also during the King's pleasure, also
during the life of another person, on the tenure also of a
p trticular manor, and even in reversion.

The Loan CHANCELLOR did not think it necessary for
Mr. Nicholas to pursue the course he was then taking.
It was in fact burning day-light. The report of the Lords'
Gmunittee, to which the Learned Counsel had referrel as
as authotity in his favour, contained points decidedly
vainst him, and extremely awkward for him to get over.
Lord WYNFORD considered a good deal of what was
contained in that report must be ttkcn as the sentiments
of counsel for the parties, and not the sentiments of the
Committee.

Mr. NICHOLAS proceeded to argue, that it was an at,
thority in his favour, and must be taken t.) hz the opiniou
of the Committee.

The LORD CHANCELLOR—WeII, if you are determinr-d
to make it a judicial authority against you instead of
merely a counsel's, that, I must confess, is very e.anditl on
your part.

. .
Mr. NICHOLAS proceeded. His nest point was, that a
dignity, when once granted, could not be surrendered In

;he Crown.

The LORD CHANCELLOR observed that this was an every
day's practice in Scotland, where a man was considered,
and enjoyed all the privileges of a Peer hi right of his wife.
Mr. NICHOLAS proceeded at length to argue several
points in the case, and concluded by trusting the Chan-
cellor would be of opinion that his client had made out
his claim.

The LORD CHANCELLOR called upon the Attorney_
General to proceed on behalf of the Crown.
The ATTORNEY-GENERAL understood it WaS not the
rule of the House to call upon him to proceed until he bad
an opportunity of seeing the pi inted evidence.
The LOAD CHANCELLOR could have no objection to
such a course being pursued, if the Attorney- General
wished it. The principal point arose on the words—
heriotos suns maseuli perpetuous.
The further consideration of the case was then post.
poned till Thursday next, and the House adjourned.
In consequence of the Queen's Drawing-room, to-day,
the Lou) Chancellor appeared in the House of Lords in his
fall dress robes.

VICE.CHANCEL.L airs COURT.
His HONOUR took motions to-day, none of which were
of the slightest public interest, and rase at one o'clock to
attend the drawing-room.