Note 47 — LORD BEACONSFIELD. ON THE PRINCIPLES OF THE CONSERVATIVE PARTY; DELIVERED AT MANCHESTER, APRIL 3, 1872.

Note 47, p. 232.—The question of raising persons to a life peerage has often been considered in England. In 1856 Lord Wensleydale was summoned “for and during the term of his natural life,” in imitation of what had been done four hundred years before; but the measure awakened violent opposition on the part of the House of Lords, which held that the independence of the House was thereby imperilled. The House decided that although the crown had the right to create “life peers,” such peers had no right to sit and vote in the House of Peers. After this decision, Lord Wensleydale did not attempt to take his seat, until shortly afterward he was created an hereditary peer as Baron Parke.—Hansard clviii. 1457, 1469; Todd, i. 368. In this same year a committee of the House of Lords was appointed to further consider the question, and reported recommending a statute “to confer life peerages upon two persons who had served for five years as judges, and that they should sit with the Lord Chancellor, as Judges of Appeal.” A bill founded on this recommendation passed the Lords, but was thrown out by the Commons. The principle was revived, however, in the “Appellate Jurisdiction Act of 1876,” by which provision was made for the constant presence in the House of Lords of four “Lords of Appeal in Ordinary,” to rank as Barons. They are selected from those who have held “high judicial office” and their dignity “does not descend to their heirs.”—Amos’ “Fifty Years of the English Constitution.” 19.