d imputation of base motives.
One of the last topics discussed by Mr. Hallam was the introduction of a
bill to limit for the future the prerogative of the crown in a field in
which its exercise had previously been unrestrained, the creation of
peers;[288] and among the last which we shall have to examine was one of
an exactly opposite character, though relating to the same subject, the
creation of a life peerage. In the winter of 1855 Sir James Parke, one
of the Barons of the Exchequer, was created Lord Wenslydale, by
letters-patent which conferred the title limiting it also to the new
peer's own life. The professed object of the measure was to strengthen
the judicial power of the House of Lords. But it was not denied that the
limitation of the peerage conferred on him for his own life (a
limitation which made no practical difference to Sir James himself,
since he had no children) was intended to raise the question whether the
crown could or could not create a life peerage with a seat in the House
of Lords. A creation so limited was so novel, or at all events so long
disused a proceeding, that it inevitably provoked examination and
discussion. And, as it was found that the lawyers in general regarded it
as indefensible, at the beginning of the session of 1856 Lord Lyndhurst
brought the matter before the House of Lords by a motion for the
appointment of a committee of privileges to investigate and report upon
it. There were two aspects of the case which naturally came to be
considered in the debates on it which ensued: the advantages or
disadvantages, in other words, the political expediency, of such a form
of letters-patent, and their legal or constitutional propriety. It was,
of course, with the latter alone that the committee of privileges had to
deal. And this part of the question was examined with great legal and
antiquarian learning, though, as was almost inevitable, it was argued as
a party question, except, indeed, by the lawyers. They, with the
exception of the Chancellor, Lord Cranworth, who had advised the
measure, were unanimous in their condemnation of it; the Whig peers,
Lord Brougham and Lord Campbell, then Chief-justice, being as positive
in their denial of the right so to exercise the prerogative as those on
the Opposition side of the House, Lord Lyndhurst or Lord St.
Leonards.[289]
The arguments against the measure were chiefly these: The objectors drew
a distinction between what was legal according
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