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The question is one of practical interest, but the only authorities which Mr. Strachey can produce for his startling announcement are (1) the practice of the House of Commons to await the issue of the writ of summons to the House of Lords before declaring a seat to be vacant by the accession of one of its members to the peerage; (2) the fact that peers by refraining to ask for their writs have been able to retain places in the Civil Service which are incompatible with a seat in either House of Parliament. Neither authority can do much for Mr. Strachey's contention. The evidence which the House of Commons requires to establish a disqualification is not the same thing as the disqualification itself. Insanity is a disqualification; but the proof of insanity, sufficient to vacate the seat, before the Act of 1886, was a very difficult matter. As to the peers who occupy places in the permanent Civil Service, it should be borne in mind that the disqualification for the Civil Service is constituted not by the peerage but by actual membership of either House, and the consequent participation in active political life. Without emulating the confidence of Mr. Strachey one may suggest some points for consideration which do not seem to have occurred to him. The Peerage is a status conferring rights and imposing liabilities which are not those of the Commoner. (First Report on the Dignity of the Peerage, p. 14.) Among these the peer is entitled to VOL. VIII. be tried by his peers for treason or felony; he is also an hereditary counsellor of the Crown, whether or no he is a Lord of Parliament. It may be suggested that the disqualification for membership of the House of Commons consists in belonging to the estate of the Baronage, and not wholly or merely in sitting in the House of Lords for it is only by virtue of the Act of Union that an Irish peer, who receives no summons to Parliament, can sit for a British constituency. On this view the House of Commons would after a time declare a seat vacant on such evidence as would show that the sitting member, though not summoned to the House of Lords, had ceased to belong to the estate of the Commons. Again, the issue of the writ of summons does not rest entirely with the peer who is entitled to it. The Queen might summon her hereditary counsellor to take his place in Parliament. The Lords, jealous as to the constitution of their House, might address the Crown as they did in Lord Bristol's case to issue the writ of summons (Gardiner, Hist. of England, vi. 94). The question raised amounts to this, Can a peer surrender his peerage? The answer in the Purbeck case, 1678 (Collins, Baronage, 293), is a negative. W. R. A. A settlement executed on her marriage by an infant, unless under the authority of the Court, may be repudiated by the infant. But when the infant claims her own property free from the settlement, she must, if she takes under the settlement an interest in any other property, e. g. in property settled by her husband, make compensation out of such interest to the persons who are disappointed by her election to repudiate. Supposing such interest is settled to her separate use without power of anticipation, does the restraint on anticipation prevent her from giving it up for the purpose of such compensation? Sir W. P. Wood thought not; Willoughby v. Middleton, 2 J. & H. 344. Sir G. Jessel, however, thought that this doctrine of Sir W. P. Wood would enable her to destroy the most careful provision of her own relatives for her protection: Smith v. Lucas, 18 Ch. D. 531. Chitty J. decided Re Wheatley, 27 Ch. D. 606 in accordance with Sir G. Jessel's view, and Re Vardon's Trusts, 31 Ch. D. 275, was a similar decision of the Court of Appeal; where it was said in effect that the doctrine of compensation rests on the presumption of a general intention in the authors of an instrument that effect shall be given to every part of it; that the presumption of such general intention might be repelled by a declaration in the instrument itself of a particular intention inconsistent with the presumed general intention; and that the affixing of a restraint on anticipation was the manifesta |