Trials in the House of Lords: Taking “A Jury of Your Peers” Literally

(With the publication of “The Complete, Annotated Clouds of Witness,” we’re running some of the essays that can be found in the book.)

Until 1948, it was good to be a peer. Nefarious dukes, marquesses, earls, viscounts, and barons eligible to sit in the House of Lords had the privilege of being tried there. This was among the many privileges awarded to the owners of hereditary titles, their wives, and widows. They also couldn’t be arrested in civil cases, were protected from libel and slander lawsuits, and were allowed access to the sovereign to advise him or her on state matters. Over time, these benefits have either been legislated out of existence, or simply considered obsolete.

But between 1499 and 1935, 44 peers of the realm, from the lowliest lord to the queen (Anne Boleyn in 1536) have faced trial. It was a serious matter. Most of the charges were for treason, and the penalty if found guilty was death, usually in unpleasant ways. On one memorable occasion, no less than six peers were tried for treason in 1716 as a result of the Jacobite uprising. All were sentenced to death, although three were pardoned and one escaped.
In Clouds, much mention is made of the Earl Ferrers’ trial in 1760 for murder.

In 1760, Lord Ferrers shot his steward in a rage during an argument over money. It was the last time a member of the peerage was tried in the House of Lords and executed.

After that, the Duchess of Kingston went up before the Lords in 1776 for bigamy. She escaped punishment by “pleading privilege” because it was her first conviction. In other words, she was given the legal equivalent of a mulligan. In 1841, the Earl of Cardigan was found not guilty of dueling, and in 1901, Earl Russell was found guilty of bigamy and given three months in jail.

After Clouds was published, only one more trial was held in 1935, that of Edward Russell, the 26th Baron de Clifford, for vehicular manslaughter. He had killed a man in a head-on collision by driving his sports car on the wrong side of the road. He was found not guilty after blaming the other driver for speeding and saying he had to swerve to avoid a collision. Ironically, he had been campaigning at the time for the government to institute speed limits and driving tests.

Edward Russell appeared in a newsreel after being acquitted in the House of Lords of vehicular manslaughter.
The right to trial in the House of Lords was abolished in 1948.