Most of the schemes had the common aim of leavening the mass of hereditary legislators by an admixture of persons who will owe their elevation to merit or to election. The simplest method is that of the creation of life-peers, which, according to the best authorities, is not a constitutional inno- vation at all, but merely a reversion to ancient practices. Freeman and Stubbs contended that the Crown, according to the early precedents, has a right, which has never been abandoned, to summon a peer to sit in Parliament, without incurring an obligation to extend the privilege to his descendants. * Unfortunately for themselves the Peers succeeded in defeating an attempt to intro- duce, or re-introduce, life-peerages. In 1856 Sir James Parke was created Lord Wensleydale, by letters-patent which stated that his peerage was bestowed upon him for life only. The Lords, under the influence of Lyndhurst's eloquence and imposing personality, refused to allow the new life- peer to take his seat. The Ministry gave way, the decision was accepted as good law, and an
Stubbs' Const. Hist., iii. 443 n., says that the doctrine of "ennobling the blood" is historically a mere absurdity: "it is impossible to regard the blood as ennobled by law." Disraeli, in his Vindication of the English Constitution, says: "It would not be too much to affirm that the law of England does not recognise nobility; it recognises the peerage, and it has invested that estate with august accessories; but to state that a man's blood is ennobled is neither legal nor correct, and the phase, which has crept into our common parlance, is not borrowed from the lawyers, but from the heralds." The opposite view is taken by May ( Const. Hist., i. 290), who says that "all temporal peers have been ennobled by blood." See also, Pike, Constitutional History of the House of Lords, chap. xv.
-235-
Questia, a part of Gale, Cengage Learning. www.questia.com
Publication Information: Book Title: The Governance of England. Contributors: Sidney Low - author. Publisher: T. Fisher Unwin. Place of Publication: London. Publication Year: 1904. Page Number: 235.
Add a Shared Note
Shared Notes are comments made by Questia users on books,
book pages, or articles that inform other users and enhance
the Questia research community.
This feature allows you to create and manage separate folders for your different research projects. To view markups for a different project, make that project your current project.
This feature allows you to save a link to the publication you are reading or view all the publications you have put on your bookshelf.
This feature allows you to save a link to the page you are reading, which you can later return to from Projects.
This feature allows you to highlight words or phrases on the publication page you are reading.
This feature allows you to save a note you write on the publication page you are reading.
This feature allows you to create a citation to the page you are reading that you can paste into your paper. Highlight a passage to include that passage as a quotation.
This feature allows you to save a reference to a publication you are reading for your bibliography or generate a bibliography you can paste into your paper.
This feature allows you to print the page you are reading,
including your notes or highlights (IE users must have "print background colors and image" setting selected.)
This feature allows you to look up words in encyclopedia.
Questia's powerful research tools allow you to highlight, take notes, bookmark and even create instant citations and bibliographies. To use these features and save hours of work, you must create a Questia account.
Need a Questia account? Sign up for a FREE trial now. Save time, stress and hassle, and get better grades with trusted, online research.