Chambers's Journal of Popular Literature, Science, and Art, Fifth Series, No. 2, Vol. I, January 12, 1884Various
History
Chambers's Journal of Popular Literature, Science, and Art, Fifth Series, No. 2, Vol. I, January 12, 1884
Various
Periodicals
When once, then, a nobleman—by which is here meant a person ennobled by
the Crown—takes his seat in the Upper House of parliament, he becomes
a peer of the realm—that is, a lord of parliament; and although the
well-known gradations of dukes, marquises, earls, viscounts, and barons
exist, yet, so far as parliamentary rights are concerned, all ennobled
persons who sit in the House of Lords are the peers or equals of each
other. We purposely make use of the word ‘nobleman,’ because the two
archbishops and all the bishops who sit there and vote too are not
peers; for although they are spiritual lords of parliament, are styled
‘My Lord,’ and—with the exception of the Bishop of Sodor and Man, who
has a ‘place but no voice’—may vote, they are not ‘noble,’ and their
dignity is not hereditary. For this reason, a peer merely for life, in
the absence of an Act of Parliament conferring privileges of peerage
upon him, would not be a ‘noble’ person. Accordingly, when Baron Parke
in 1856 was raised to the peerage for life as Lord Wensleydale, it was
decided by the Lords’ Committee of Privileges that his lordship could
not sit and vote as a peer. Selden, in his _Titles of Honour_, seems
to refer to life peerages as quite ordinary distinctions; but whether
they were so or not, it is clear that they were practically unknown,
or had fallen into disuse between his time (1584-1654) and that of
Lord Wensleydale. However, now, by section six of 39 and 40 Vict. c.
59 (the Appellate Jurisdiction Act, 1876), the Crown may appoint by
letters-patent two qualified persons to be Lords of Appeal in Ordinary,
with a salary of six thousand pounds per annum each. And these persons
shall be entitled for life to rank as Barons, ‘by such style as Her
Majesty shall be pleased to appoint, and shall during the time that
they continue in their office as Lords of Appeal in Ordinary, and no
longer, be entitled to a writ of summons to attend, and to sit and
vote in the House of Lords.’ But ‘their dignity as lords of parliament
shall not descend to their heirs.’ Since this enactment, three Lords of
Appeal in Ordinary have been created—namely, Lord Blackburn (formerly
Mr Justice Blackburn); Lord Gordon, who is dead; and Lord Watson. The
object of appointing these noble and learned persons to life peerages
is, ‘for the purpose of aiding the House of Lords in the hearing and
determination of appeals.’
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