[Footnote 291: In the reign of Richard II. the Earl of Oxford had been made Marquis of Dublin for life, but he already had a seat in the House as Earl. Henry V. had originally made the peerages of his brothers, the Dukes of Bedford and Gloucester, life peerages; but these were afterward surrendered and regranted "in the usual descendible form," so that they rather made against the present case than for it. Henry VIII. had created the Prince of Thomond Earl of Thomond for his life, but he had at the same time granted him the barony of Inchiquin "for himself and his heirs forever." It was also alleged that these life peerages had not been conferred by the King alone, but by the King with the authority and consent of Parliament, "these significant words being found in the patents."]
[Footnote 292: The division was 153 to 133. Some years afterward, however, a clause in the act, which created a new appellate jurisdiction, empowered the sovereign to create peerages of this limited character, one of the clauses providing that "every Lord of Appeal in Ordinary should be entitled during his life to rank as a Baron by such style as her Majesty may be pleased to appoint, and shall during the time that he continues in office as a Lord of Appeal in Ordinary, and no longer be entitled to a writ of summons to attend, sit, and vote in the House of Lords. His dignity as a Lord of Parliament shall not descend to his heirs." As this act was passed long after the period at which the present volume closes, it does not belong to the writer to examine how far this act, in providing that every Lord of Appeal shall for the time rank as a Baron (the Lords of Appeal being, of course, appointed by the crown), is entitled to be spoken of as introducing a great constitutional innovation, big with future consequences, as it has been described by some writers.]
[Footnote 293: In one notorious instance, that of the Earl of Bristol (confer Hallam, i., 518), in the time of Charles I., the House of Lords had interfered and compelled the issue of the writ; their action forming a precedent for their right of interference in such matters, which in the present case the Lord Chancellor denied.]
[Footnote 294: The grant of a pension of L1000 a year, with a baronetcy, to General Havelock, and more recently to Sir F. Roberts, are, it is believed, the only exceptions to this rule.]
[Footnote 295: Bishop Lonsdale, of Lichfield, in reference to Simon Magus, from whose offer of money to the Apostles the offence derives its name, denying that there was any similarity between his sin and the act of purchasing an advowson or presentation, remarked that it might just as fitly be called magic as simony.]
[Footnote 296: It has been, and will probably continue to be, a matter of dispute whether the first conception and plan of the insurrection originated with the restless boldness of the Mohammedans or the deeper fanaticism of the Hindoos. It is notorious that the prophecy that a century had been assigned by the Almighty as the allotted period of our supremacy in India had for many years been circulated among both; and, though the conspiracy was at first generally attributed to the Mohammedans, the argument that the period from the battle of Plassy, in 1757, to the outbreak in 1857, though an exact century according to the Hindoo calendar, is three years longer according to the Mohammedan computation, seems an almost irresistible proof that the Brahmins were its original authors. Sir John Kaye, in his "History of the Sepoy War," at the end of book iii., c. iii., prints the following note, as furnished to him by Mr. E.A. Reade, a gentleman of long experience in India: "I do not think I ever met one man in a hundred that did not give the Mohammedans credit for this prediction. I fully believe that the notion of change after a century of tenure was general, and I can testify, with others, to have heard of the prediction at least a quarter of a century previously. But, call it a prediction or a superstition, the credit of it must, I think, be given to the Hindoos. If we take the Hejira calendar, 1757 A.D. corresponds with 1171 Hejira; 1857 A.D. with 1274 Hejira; whereas, by the lunisolar year of the Sumbut, 1757 is 1814 Sumhut, and 1857 is 1914 Sumbut."]
[Footnote 297: It is worthy of remark that, as early as 1829, the Earl of Ellenborough, then President of the Board of Control, had come to the conclusion that the Company was no longer competent to govern so vast a dominion as that of British India had gradually become. In his Diary, recently published (ii., 131), he expresses his firm conviction that, "in substituting the King's government for that of the Company, we shall be conferring a great benefit on India, and effecting the measure which is most likely to retain for England the possession of India;" and from the same work (ii., 61) we learn that Mr. Mountstuart Elphinstone, one of the ablest servants of whom the Company could boast, and who had recently been Governor of Bombay, even while confessing himself prejudiced in favor "of the existing system, under which he had been educated and lived," admitted that "the administration of the government in the King's name would be agreeable to the civil and military services, and to people in England. He doubted whether, as regarded the princes of India, it would signify much, as they now pretty well understood us." See also ibid., p. 414.]
[Footnote 298: 318 to 173.]
[Footnote 299: The whole bill is given in the "Annual Register" for the year 1858, p. 226.]
[Footnote 300: See her letter to Lord Derby on the subject, given in the "Life of the Prince Consort," iv., 308; confer also a memorandum of the Prince Consort, ibid., p. 310.]
[Footnote 301: Ibid., p. 106.]
[Footnote 302: It should be remarked that the arrangement originally carried out awoke among the European troops of the Company so deep and general a spirit of discontent as at one time threatened to break out in open mutiny; the ground of their dissatisfaction being "the transfer of their services in virtue of an act of Parliament, but without their consent." Accordingly, "on the announcement of the proclamation transferring the possessions of the East India Company to the crown, some of the soldiers of the Company's European force set up a claim for a free discharge or a bounty on re-enlistment." Lord Clyde's recommendation "that a concession should be made" was overruled by the government of India, and "pronounced inadmissible by the law-officers of the crown" in England. The dissatisfaction was allayed for the time by the judicious measures, equally conciliatory and firm, adopted by Lord Clyde, in whom all ranks of both armies felt equal confidence; but eventually the government became convinced of the necessity of granting discharges to every man who wished for one, provided he had not misconducted himself.-Shadwell's Life of Lord Clyde, ii., 407-416.]
[Footnote 303: See ante, p. 385.]
[Footnote 304: Stanhope's "Life of Pitt," i., 173.]
[Footnote 305: Sir Theodore Martin quotes a passage from a letter of the Times correspondent, giving a report of the effect of the proclamation on the natives: "Genuineness of Asiatic feeling is always a problem, but I have little doubt it is in this instance literally sincere. The people understand an Empress, and did not understand the Company. Moreover, they (I am speaking of the masses) have a very decided notion that the Queen has hanged the Company for offences 'which must have been very great,' and that fact gives hope of future justice."-Life of the Prince Consort, iv., 337.]