case lord viscount Falkland vers Phipps peer of Scotland after the union shall  be entitle to a action of temptation to sin great man this be a action of  temptation to sin great man bring by Lucius Charles Lord viscount Falkland as  one of the peer of great Britain against Nathaniel Phipps butcher for these  word go fetch your lord out gd dn he I will kill he he be a villain and a  villainous rogue and for other word he be a scrub and scoundrel to the damage  of defendant plead not guilty verdict for plaintiff damage but it be insist on  the trial and reserve for consideration that the plaintiff ought to prove  himself a peer say non allocatur for the plaintiff in his declaration give  himself that denomination Lord viscount Falkland one of the peer of great  Britain and if he be not so the defendant shall have plead the misnomer but by  the plea in bar be admit the plaintiff to be what he call himself that the  plaintiff be only a peer of Scotland be not entitle to a action of comens er p  temptation to sin great man on the statute r c unless he have be a peer of  parliament for the precedent of action of this nature be voice locum in  parliament habend Vid Ent say non allocatur for by the statute of union  whether c art all peer of Scotland after the union shall be peer of comens  great Britain and have rank and precedency c be try c and enjoy all privilege  of peer as full as the peer of England now do or hereafter may enjoy except  the right and privilege of sit in the house of lord and the privilege depend  thereon and particular the right of sit upon the trial of peer now the statute  r c or r c do not confine the remedy thereby give for speak false news lie or  other false thing to word speak only against the peer of parliament but extend  to false word against other noble or great man of the realm and therefore when  the peer of Scotland be by Act of parliament make peer of England or great  Britain they be noble of the realm there cro car lev palm S c a be no viscount  at the time of the statute r the first viscount be John Beaumont who be create  viscount in the that of h yet when create noble though by a new title he be  entitle to his action on this statuteSo a baron of the exchequer be entitle to  this action though the statute only mention justice of the one bench or the  other palm Semb   and though some precedent may add voice locum in parliament  thong this be not necessary for the maintenance of the action and several  precedent omit they as Hern pi bro Brownl red so Vid Ent it be determine in  the case of Lord Mordington report in fortescue p that a Scotch peer since the  union be equal entitle to privilege from arrest with any English peer