them, and certain other great officers of the realm, than
of other men: scandal against them being called by the peculiar name
of _scandalum magnatum_; and subjected to peculiar punishment by
divers antient statutes[a].
[Footnote s: 3 Inst. 30, 31.]
[Footnote t: 2 Inst. 50.]
[Footnote u: Finch. L. 355. 1 Ventr. 298.]
[Footnote w: 2 Inst 49.]
[Footnote x: 1 P. Wms. 146.]
[Footnote y: Salk. 512.]
[Footnote z: Cro. Car. 64.]
[Footnote a: 3 Edw. I. c. 34. 2 Ric. II. st. 1. c. 5. 12 Ric. II. c.
11.]
A PEER cannot lose his nobility, but by death or attainder; hough
[Transcriber's Note: though] there was an instance, in the reign of
Edward the fourth, of the degradation of George Nevile duke of
Bedford by act of parliament[b], on account of his poverty, which
rendered him unable to support his dignity[c]. But this is a singular
instance: which serves at the same time, by having happened, to shew
the power of parliament; and, by having happened but once, to shew how
tender the parliament hath been, in exerting so high a power. It hath
been said indeed[d], that if a baron waste his estate, so that he is
not able to support the degree, the _king_ may degrade him: but it is
expressly held by later authorities[e], that a peer cannot be degraded
but by act of _parliament_.
[Footnote b: 4 Inst. 355.]
[Footnote c: The preamble to the act is remarkable: "forasmuch as
oftentimes it is seen, that when any lord is called to high estate,
and hath not convenient livelyhood to support the same dignity, it
induceth great poverty and indigence, and causeth oftentimes great
extortion, embracery, and maintenance to be had; to the great trouble
of all such countries where such estate shall happen to be: therefore,
&c."]
[Footnote d: By lord chancellor Ellesmere. Moor. 678.]
[Footnote e: 12 Rep. 107. 12 Mod. 56.]
THE commonalty, like the nobility, are divided into several degrees;
and, as the lords, though different in rank, yet all of them are peers
in respect of their nobility, so the commoners, though some are
greatly superior to others, yet all are in law peers, in respect of
their want of nobility[f].
[Footnote f: 2 Inst. 29.]
THE first name of dignity, next beneath a peer, was anciently that of
_vidames_, _vice domini_, or _valvasors_[g]: who are mentioned by our
antient lawyers[h] as _viri magnae dignitatis_; and sir Edward Coke[i]
speaks highly of them. Yet they are now quite out of use; and our
lega
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