CHAPTER II

THE HOUSE OF LORDS

No constitutional principle has been so strongly criticised and so

freely abused as the one embodied in the hereditary chamber which

forms so important a branch of our legislature. Pulteney labelled the

House of Lords a "hospital for invalids"; Burke contemptuously

referred to it as "the weakest part of the Constitution"; Lord

Rosebery has compared it to "a mediæval barque stranded in the tideway

of the nineteenth century." A more democratic modern statesman, who

doubtless hopes--

"To build, not boast, a generous race;

No tenth transmitter of a foolish face,"

has declared the only legislative qualifications of peers to consist

in their being the first-born of persons possessing as little

qualifications as themselves. While another politician cynically

observes that they represent nobody but themselves, and enjoy the full

confidence of their constituents.

The House of Lords has long been the butt of the political satirist,

and parliamentary reformers have attacked it for years patiently and

persistently, hitherto without much success. "We owe the English

Peerage to three sources," said a character in "Coningsby"; "the

spoliation of the Church; the open and flagrant sale of its honours by

the elder Stuarts; and the borough-mongering of our own times." And

this bitter criticism is often quoted to prove the weakness of any

form of hereditary government.

The suggestion that heredity can confer any peculiar qualifications,

rendering a person more fit than his fellows for parliamentary power,

is no doubt illogical, but not more so perhaps than a thousand other

ideas which govern the affairs of men. The form of government by

majority, for instance,--which Pope called "the madness of the many

for the gain of a few"--is obviously open to criticism. Hereditary

legislation has, at any rate in the eyes of its supporters, the merit

of having answered well enough in practice, and, however theoretically

indefensible, is not more so than hereditary kingship. The Sovereign

does not inherit sagacity any more than the Duke of Norfolk, as Lord

John Russell justly observed, and it would be unwise as well as unsafe

to hang the Crown on the peg of an exception. It is as well, however,

to remember that the Sovereign is a constitutional monarch whose

powers nowadays are much restricted, whereas the Lords have the right

to exercise a legislative veto the use of which kings have long since

resigned.

Talent is not hereditary. No man chooses a coachman, as the first Lord

Halifax once remarked, because his father was a coachman before him.

But the descendant of a long line of coachmen is likely to know more

about the care of horses than the grandson of a pork butcher, however

eminent; and the scion of a race of legislators is at least as fully

qualified for the duties of a legislator as many a politician whose

chief reason for entering Parliament is the desire to add the letters

M.P. to his name. Nevertheless, as has been recently pointed out by

tactless statisticians, the great men of the past have but seldom

bequeathed their admirable qualities to their _eldest_ sons, and in a

list of modern statesmen will be found but few of the names once

famous in English history.

The necessity for a second chamber of some sort has always been

admitted, if only to prevent the other House from being exposed to

what John Stuart Mill calls "the corrupting influence of undivided

power," and Cromwell "the horridest arbitrariness that was ever known

in the world." Few, however, of the most ardent admirers of the

hereditary system will pretend that the problem of a perfect bicameral

system is solved by the present House of Lords, though they may

doubtless claim that the cause of its failure does not rest entirely

upon its basis of heredity. "You might as well urge as an objection to

the breakwater that stems the unruly waves of the sea, that it has its

foundations deep laid in another element, and that it does not float

on the surface of that which it is to control," said Palmerston, "as

say that the House of Lords, being hereditary, ought on that account

to be reformed."[37]

[37] In a speech delivered at a banquet in Glasgow on January 13,

1837.

If age can confer dignity and distinction upon any assembly, then must

the House of Lords be peculiarly distinguished, for it is certainly

the most venerable as well as the most antiquated of our Parliamentary

institutions.

When Christianity became firmly established in England, each king of

the Heptarchy was attended by a bishop, whose business it was to

advise his royal master upon religious questions, and who thus

acquired the power of influencing him in other matters as well. The

minor kings were gradually replaced by earls, who were summoned,

together with their attendant bishops, to the Witenagemot of the one

ruling sovereign of the country. An assembly of this nature was held

as far back as 1086, but it was more in the nature of a judicial Court

than a Parliament. It consisted of the Archbishop of Canterbury and

all other bishops, earls, and barons, and was summoned to decide

important judicial cases. This Court, or _Curia Regis_ as it was

called, met at different times and in divers places. It transacted

other business besides the judicial, and also corresponded to some

extent with the more modern _levée_. It was originally composed of the

Lords, the great officers of State, and some others whom the king

wished to consult.

The exact position which such nobles held in the great Council of the

land is not very definite. Immediately after the Conquest an earldom

appears to have been regarded as an office; but it was not necessarily

hereditary. Later on the possession of lands, either granted direct by

the Crown or inherited, became a necessary qualification for the

holder of an earldom. The transfer of titles and property in early

days was a rough and ready affair, in which might played as great a

part as right. (When Edward I. required the old Earl de Warrenne to

produce his title deeds, the latter brought out a rusty sword that had

belonged to his ancestors. "By this instrument do I hold my lands," he

said, "and by the same do I intend to defend them!") But with the

natural idea of the transference of land from father to son there

developed the principle of the natural hereditary descent of the title

dependent upon the possession of those lands.

The baronage did not come into existence until after the Conquest. In

the reign of Henry I. it was entirely composed of foreigners from

France. Barons held no regular office, but their lands were

transferred on the hereditary principle. They owed military allegiance

to the Crown, but did not necessarily sit in Parliament unless

summoned to attend by the king. Such a summons was long regarded as a

burden rather than a privilege, and even in the days of King John the

barons only desired it as a protection from the imposition of some

exceptional tax. The bishops and barons were then the natural leaders

of the people; they alone were educated and armed, and they alone

could attempt any successful resistance to the exorbitant demands of

the Crown. They paid nearly all the taxes, and provided money for the

prosecution of every war. Upon them the commonalty was dependent,

looking to them for assistance when the sovereign became too grasping

or tyrannical. It was the barons who forced King John to sign Magna

Charta, and to them, therefore, we are indebted for the laws and

constitution which we now possess. "They did not confine it to

themselves alone," as Chatham declared in the House of Lords, on

January 9, 1770, "but delivered it as a common blessing to the whole

people." But though the present House of Lords has been described as

composed of descendants of the men who wrung the Charter from King

John on the plains of Runnymede, not more than four of the existing

peerages are, as a matter of fact, as old as Magna Charta.

The feudal barons by tenure, whose right to a Parliamentary summons

gradually became hereditary as going with their lands, were gradually

joined by other prominent men who, though not landowners, were

summoned to give the Council the benefit of their experience and

advice. Thus gradually evolved the modern system of hereditary

legislators, and the House of Lords developed into an assembly such as

we now know it, though numerically far smaller.

In Richard II.'s reign the _Curia Regis_ separated from Parliament and

became a Privy Council. The Lords were then as unwilling as the

Commons to attend diligently to their Parliamentary duties, and it was

only the subsequent creation of dukes, marquesses, and viscounts that

stimulated the desire to sit and claim a writ of summons as a right.

The number of earls and barons summoned to Parliament in the reigns of

the first three Edwards varied from fifty to seventy-five. At times,

owing to the absence of the fighting men of the country who were

engaged in foreign warfare, it fell as low as sixteen. In the first

Parliament of Henry VIII. there were less than thirty temporal peers,

but in Elizabeth's time this number had doubled. Since Stuart days the

Lords have become more and more numerous. James I. granted peerages

right and left to his favourites, and, by selling baronies,

viscountcies, and earldoms for sums ranging from £10,000 to £20,000,

enriched his coffers and added some fifty members to the Upper House.

The eighty-two temporal peers who sat in his first Parliament were

gradually reinforced by his successors, until, in the time of George

III., they numbered two hundred and twenty-four, exclusive of their

ecclesiastical brethren.

The Lords spiritual have not always sat in the House of Lords. In

early days the abbots and priors largely predominated in that

assembly, but with the abolition of the monasteries they were banished

from it, though a certain number retained their seats in right of the

baronies which they possessed.[38] Bishops were excluded from the

House of Lords by Act of Parliament in 1640--Cromwell omitted to

summon them to his Upper House in 1657--and were not finally

readmitted until 1661. Within living memory several unsuccessful

attempts have been made to keep them out of Parliament. In 1836 a

member of the Commons moved that spiritual peers be released from

attendance, but his motion was defeated. Another member in the

following year suggested their exclusion on the ground that they had

plenty to occupy them elsewhere, that their contributions to debate

upon most legislative subjects were not particularly edifying, and

that they always voted with the Minister to whom they were indebted

for preferment. This motion met a fate similar to that of its

predecessor, as did another of the same kind in 1870.

[38] In the sixteenth century the Prior of the Hospital of St. John of

Jerusalem (near Clerkenwell), whom Selden calls "a kind of an otter, a

knight half-spiritual and half-temporal," had precedence of all the

lay barons in Parliament. His priory was suppressed in 1536, but his

name continued to appear spasmodically in the Journals of the House of

Lords until some time in Queen Elizabeth's reign.

To-day some twenty-six spiritual peers, including the two Archbishops

of Canterbury and York, are given seats in the House of Lords, where

they help to swell the number of that ever-increasing assembly.

Bishops usually confine themselves exclusively in the House of Lords

to the discussion of matters which concern the spiritual welfare of

the nation. Their contributions to debates are generally "edifying,"

and when they happen to cross swords with their lay brethren they are

well able to hold their own. Bishop Atterbury, of Rochester, once said

of a Bill before the House that he had often prophesied that such a

measure would be brought up, and was sorry to find himself a true

prophet. Lord Coningsby retorted that the Right Reverend Prelate had

put himself forward as a prophet, but he would only liken him to a

Balaam, who was reproved by his own ass. The Bishop at once replied

that he was well content to be compared to Balaam. "But, my Lords," he

added, "I am at a loss to make out the other part of the parallel. I

am sure that I have been reproved by nobody but his Lordship!"[39]

[39] Dr. King's "Anecdotes," p. 130. (It was a more modern politician

who, on being reproved by an opponent, said, "Consider the case of

Balaam's ass; before it spoke all men regarded it as quite an ordinary

quadruped, but after it had spoken they discovered what an

extraordinary ass it was!")

With the creation of new peerages by successive monarchs the list of

temporal peers lengthened year by year. The Union of the three

kingdoms still further added to their number. By the Acts of Union

with Scotland and Ireland it was laid down that sixteen Scottish and

twenty-eight Irish representative peers should sit in the House of

Lords. These were to be elected by their fellow-peers, the former for

each Parliament, the latter for life.[40] They may be distinguished in

other particulars as well, for though a Scottish peer can at any time

resign his seat, an Irish peer can never do so. Even though he be a

lunatic, or otherwise incapable of attending, he still retains his

place in the legislature. He is also privileged in other ways. In 1699

the Commons resolved that no peer could give his vote at the election

of a Member of Parliament, and, three years later, that he could not

interfere in elections. To-day a standing order of the House of

Commons imposes the same restraint upon all but Irish peers, who are

exempt from these restrictions.

[40] In November, 1908, the election of an Irish peer resulted in a

tie between Lords Ashtown and Farnham. Such a thing had not happened

since the Union. The difficulty was settled in a manner only perhaps

possible in an institution as venerable as the House of Lords. In

accordance with the provisions of the Act of Union, the Clerk of the

Parliaments wrote the names of the candidates on two pieces of paper

which he then put into a glass. One of these he drew out at random,

and the peer whose name was inscribed thereon was declared to be duly

elected.

In 1875 the House of Lords was strengthened judicially by the

introduction of four Lords of Appeal. The House, as is well known,

has judicial as well as legislative functions to perform. It has

always been the Supreme Court of the realm, and, ever since the reign

of Queen Elizabeth, the ultimate Appeal has lain to it in all cases

except those arising in Ecclesiastical Courts. Moreover, as the High

Court of Parliament, in conjunction with the Commons, it is empowered

to try offenders against the State whom the Commons have impeached. It

also enjoys the privilege of trying any of its own members who may be

charged with treason or felony, and of determining any disputed claims

of peerage which may arise.

There have always been a sufficient number of Lords learned in the law

to provide a court for the trial of legal cases. In the past, however,

occasions have arisen when the presence of lay peers has threatened to

replace the judicial aspect of the House by a political one which

would be fatal to its reputation as a court of appeal. It was not,

indeed, until 1845 that lords unlearned in the law began to consider

their presence during the hearing of judicial causes to be not only

unnecessary but undesirable, and discontinued their attendance. Thirty

years later the institution of four life peerages, conferred upon

eminent lawyers, added still further weight to the legal decisions of

the House. The hearing of appeals is now left entirely to what are

called the Law Lords, who consist of the Lord Chancellor, a number of

peers who have held certain high judicial offices, and the four Lords

of Appeal in Ordinary--three of whom must, by the Appellate

Jurisdiction Act of 1876, be present on all appeal cases.

The granting of life peerages, conferring rights of summons to the

House of Lords, save as above stated, has been adjudged to be beyond

the powers of the Crown. It may truly be said that in the first days

of Parliament the House of Lords consisted almost entirely of life

members. But when the Government of Queen Victoria attempted to revive

a practice that had lain in abeyance for some centuries they were not

allowed to do so.

The Supreme Court of Appeal had been violently attacked in the

Commons, where certain members declared it to be inferior to any

tribunal in the land. Palmerston in 1856 determined to remedy its

defects by the addition of two Law Lords who should be life peers.

This scheme was upheld by the Lord Chancellor, Lord Cranworth, but met

with determined opposition in the Upper House. The Law Lords were

especially opposed to it, fearing that, if such a precedent were

allowed, no lawyer in the future would ever be given an hereditary

peerage. On the Premier's recommendation the Queen proposed to confer

life peerages upon two distinguished lawyers, Parke and Pemberton

Leigh, and proceeded to issue a patent to the former, creating him

Baron Wensleydale for life. When, however, the matter was referred to

the Committee for Privileges, they decided that no life peer could

either sit or vote in the House of Lords, and the Wensleydale and

Kingsdown peerages had consequently to be made hereditary.

Persons who are raised to the peerage to-day are made peers of the

United Kingdom. No Scotch peer has been created since the Union in

1707, and the right of conferring an Irish peerage which existed under

certain restrictions in the Act of Union has ceased to be exercised

except upon one notable recent occasion.[41]

[41] Lord Curzon of Kedleston was so created in 1898.

During the last fifty years some one hundred and fifty additions have

been made to the membership of the House of Lords. The only limit to

the numerical increase of peers would seem to lie in the good sense of

the Prime Minister or the patience of the Sovereign. It is of course

the latter who confers peerages, though as the former usually brings

suitable candidates for ennoblement to the royal notice, he is

generally held responsible for the result of his recommendations.[42]

[42] When the last Liberal Government of Queen Victoria came into

office the Court officials were discussing the new Administration one

day at Windsor. "I wonder what peers they'll make," remarked one of

the ladies-in-waiting. The Queen turned upon her with uplifted

eyebrows. "_They!_" she exclaimed. An uncomfortable silence ensued.

Again, in 1909, a Cabinet Minister's allusion in a speech to certain

newspaper proprietors whom a Conservative Prime Minister had "taken

the precaution to make into barons" inspired the King's private

Secretary to write a letter to a correspondent in which he stated

that, notwithstanding the Minister's statement, "the creation of Peers

remains a Royal prerogative."

[Illustration: THE HOUSE OF LORDS IN 1742

FROM AN ENGRAVING BY JOHN FINE]

The House of Lords now includes some 616 members, divided, as we have

seen, into four classes; the Lords Spiritual, the Lords

Temporal--Princes of the Blood, Dukes, Marquesses, Earls, Viscounts,

Barons--the Representative Peers of Scotland and Ireland, and the

Lords of Appeal in Ordinary.

The writ of summons, which did not cease to be regarded as a burden

until the reign of Edward II., is now looked upon as a privilege and

right which few peers would willingly forego. And the question of

mutual precedence which was never mooted until the creation of

Viscounts in Henry VI.'s time, is now a matter of the utmost

importance to the occupants of the Gilded Chamber.

The first Parliament that is recognized as conferring the right of

peerage was that of the eleventh year of Edward I. The Lords decided,

in the recent case of Lord Stourton claiming the Barony of Mowbray,

that a writ summoning a peer to this Parliament, followed by a

sitting, gave his descendants a seat in the House.

All Peers of the Realm--a phrase which came into use in 1322--are

entitled to seats in the House of Lords once they have attained their

majority. Infancy disqualifies a peer from receiving a writ of

summons; failure to take the oath or to affirm deprives him of the

right of sitting. No alien may sit in the Lords, nor may a bankrupt or

a felon, and the House as a Court of Justice may at any time pass

sentence disqualifying a peer from sitting.

The functions of the Upper House which have been the subject of so

much recent controversy and are still engrossing the attention of

Parliament and the public, have been in former times variously defined

by friendly or adverse critics. The Lords have been described as the

brake on the parliamentary wheel or as the clog in the parliamentary

machine. Horace Walpole wrote some bitter verses on the subject of

that House whose members "sleep in monumental state, to show the spot

where their great Fathers sate;"

"Thou senseless Hall, whose injudicious space,

Like Death, confounds a various mismatched race,

Where Kings and clowns, th' ambitious and the mean,

Compose th' inactive soporific scene."[43]

[43] "Letters to Sir H. Mann," vol. i. p. 380.

Peers themselves no doubt regard the Upper Chamber as a haven where

merit may receive its ultimate reward; where the achievements and the

recompense of the deserving are suitably immortalized. As a "compact

bulwark against the temporary violence of popular passion," to use

Disraeli's phrase, and as a council for weighing the resolutions of

the Commons who may at times be led away by public clamour or a sudden

impulse, the Second Chamber is regarded by its defenders as of the

greatest constitutional value. Lord Salisbury once declared that the

chief duty of the House of Lords was to represent the permanent as

opposed to the passing feelings of the English nation; "to interpose a

salutary obstacle to rash or inconsiderate legislation; and to protect

the people from the consequences of their own imprudence." Moreover,

the Upper House thus has an opportunity of improving the details of

measures, many of which leave the House of Commons in an unworkable

shape, owing to the conditions under which they are amended and passed

through it, and, but for the alterations effected by the Lords, would

remain unworkable when they came to be embodied in the Statute-book.

It has never been the course of the Upper House to resist a continued

and deliberately expressed public opinion. The Lords, as Lord Derby

affirmed in 1846, "always have bowed and always will bow, to the

expression of such opinion."[44] But although history to a certain

extent bears out this statement, on more than one occasion the hand of

popular clamour has battered at their doors for a long time before

wringing from them a reluctant acquiescence. There can be no doubt

that if the country were to express itself definitely upon any

question at a General Election, no House of Lords would be strong

enough (or weak enough) to attempt to thwart the public will. But

there have been numerous instances in which the peers have endeavoured

without success to do so. In vain did they delay Parliamentary Reform

in 1831, when Sidney Smith likened the House of Lords to Mrs.

Partington, the old lady of Sidmouth who, during the great storm of

1824, tried to push away the Atlantic with her mop.[45] In vain did

they inveigh against the passing of the Jewish Oaths Bill or the Bill

for the abolition of the Corn Laws. They were eventually compelled to

pass the latter, not because they thought it a good Bill, but because,

as the Duke of Wellington said, it had passed the House of Commons by

a huge majority, and "the Queen's Government must be supported."

[44] On the Second Reading of the Corn Importation Bill, May 25, 1846.

[45] "Works," p. 564.

On the other side it may be said that they have occasionally

interpreted more successfully than the Lower House the views of the

electorate, and of this perhaps the rejection of the Home Rule Bill of

1893 is the most prominent example.

Even without actually rejecting Bills the Lords have frequently

opposed the will of the Commons by returning the Bills sent up to them

in so amended and altered a shape as to prove wholly unacceptable; and

an appeal to the country upon every point of difference, or even upon

every Bill wholly rejected, is of course impracticable.

In some such cases the Commons have had recourse to a method of

coercing the Lords, known by the name of "tacking," which depends for

its efficacy upon the acceptation of certain doctrines relating to

Money Bills laid down by the Commons at intervals during the last

three centuries, and in the main acquiesced in by the Lords.

The history of the matter, though of acute interest at the present

time, is too long to go into here. It will be sufficient to mention

that in 1678, as the result of a violent struggle between the two

Houses, the Commons passed Resolutions asserting (not for the first

time) that all Money Bills must have their origin in the Lower House,

and that the Hereditary Chamber is powerless to amend them. And though

the Lords at the time protested against both these conclusions, by

their action through a long course of years they must be taken to have

acquiesced in them. If, then, the Lords were unable to amend a Money

Bill, they might be compelled to accept an obnoxious measure of a

different nature if it were included in such a Bill, the whole of

which they would be loth to throw out. This was the process adopted in

several instances by the Commons, against which the Lords passed, in

1702, a Standing Order declaring the "annexing any foreign matter" to

be "unparliamentary and tending to the destruction of the

Constitution."

In 1770 the Commons brought in a Bill to annul the royal grants of

forfeited property, and, knowing that it would be objectionable to the

Upper House, cunningly tacked it on to a Money Bill. The Lords

returned it, with the foreign matter excised; but it was sent back to

them once more, and, acting on the advice of the Duke of Marlborough

who counselled concession, they eventually swallowed the whole mixture

as gracefully as they could find it in their hearts to do. In 1860,

the two Houses came into collision again on the same subject, when the

Lords threw out the Bill abolishing the duty on paper, which was a

financial question. Gladstone retorted in the following year by

tacking this Bill on to the Budget, and in this shape the Lords passed

it. But their right of rejection--which indeed is involved in the

necessity for their assent to every Bill--was never questioned, either

in 1678 or since, until the Budget Bill was thrown out in December,

1909, when the whole question of the relations between the two Houses

was brought into vital prominence and made the subject of an agitation

not easily to be assuaged.

There has always existed a spirit of antagonism between the two

Houses. Gladstone declared that the Commons were eyed by the Lords "as

Lancelot was eyed by Modred," and this mutual antipathy has

occasionally expressed itself in overt acts of rudeness. During a

debate in the Lords in 1770, on the defenceless state of the nation, a

peer moved that the House be cleared of strangers. A number of the

Commons happened to be standing at the Bar, but, notwithstanding their

protests, they were unceremoniously hustled out, being followed by a

volley of hisses and jeers as they left the Chamber. The Duke of

Richmond and many other peers were so disgusted at this exhibition of

ill-feeling that they walked out of the House. Colonel Barré has left

a graphic description of the scene. The Lords, he says, developed all

the passions and violence of a mob. "One of the heads of this mob--for

there were two--was a Scotchman. I heard him call out several times,

'Clear the Hoose! Clear the Hoose!' The face of the other was scarcely

human; for he had contrived to put on a nose of enormous size, that

disfigured him completely, and his eyes started out of his head in so

frightful a way that he seemed to be undergoing the operation of being

strangled."[46]

[46] The peer in question had not donned a false nose for the

occasion, as might be imagined, but was merely wearing the ordinary

working nose of aristocratic proportions with which Providence had

supplied him.

Two years after this scene, in 1772, Burke was kept waiting for three

hours with a Bill which he was carrying from the Commons to the Lords.

When he subsequently reported his ill-treatment to the Lower House,

their indignation knew no bounds, and they proceeded to revenge

themselves in a somewhat puerile manner. The very next Bill that the

House of Lords sent down to them was rejected unanimously, and the

Speaker threw the offensive measure on to the floor of the House,

whence it was kicked to the door by a number of indignant members.

It is not difficult to understand the cause of jealousy and anger

between the Houses, in spite of the fact that so many of the Lords

have at one time or another been members of the Commons, and so many

of the Commons hope to end their days in the Lords. (Croker, in a

letter to Lord Hatherton, recalls a visit he paid as a stranger to the

Upper House in 1857, where, of the thirty peers present, there was not

one but had sat with him in the Commons, including the Duke of

Wellington and the Lord Chancellor. "It shows," he says, "how

completely the House of Commons has been the nursery of the House of

Lords."[47]) The resentment against the Lords that undoubtedly exists

in the bosoms of the Commons, which is not confined to one side of the

House, but seems to be universal, results from the power of rejection

which the peers can at any time exercise with regard to a measure, or

of making amendments by which they can alter it out of all

recognition, thus nullifying in a single day the labours of months in

the Lower House. And when it is considered that this ruinous result is

due not only to men who owe their seats to their successful exertions

in various professions, but also in larger proportion to those who owe

them to being, as Lord Thurlow said of the Duke of Grafton, "the

accident of an accident,"[48] the situation must to many minds appear

wholly intolerable.

[47] Croker's "Letters," vol. i. p. 85.

[48] One is reminded of the reply addressed by the Emperor Alexander

to Madame de Stael who was complimenting Russia on possessing so able

a ruler. "Alas, Madame," he said, "I am nothing but a happy accident!"

One very clear cause of failure in the House of Lords to give

satisfaction lies in the fact that, although government by Party is

the very groundwork of the parliamentary constitution, as far as the

Upper House is concerned such an idea might just as well not exist at

all. Whatever the political complexion of the party in power in the

House of Commons, the Lords maintain an invariable Conservative

majority, indifferent to the swing of any popular pendulum, and as

fixed and unalterable as the sun. But at no time for the last century

has the inequality been so marked as at present, when it may be

truthfully said that the Liberal peers would scarcely fill a dozen

"hackney coaches."[49] And though the Liberal party has created a

considerable number of peers during the last few years, it has never

recovered from the secession of Liberal Unionists, and it would take

many years of Liberal supremacy and large drafts upon the Prerogative

of the Crown to restore even the comparative balance of early

Victorian days.

[49] At the time of the French Revolution, the country supported the

Government so strongly that the Opposition dwindled away to nothing.

It was even jestingly asserted that the Whigs could all have been held

in one hackney coach. "This is a calumny," said George Byng; "we

should have filled two!" Campbell's "Lives of the Chancellors," vol.

v. p. 614.

This may or may not be an advantage, for though the staunch Tory is

tempted to exclaim in the words of Disraeli: "Thank God there is a

House of Lords!" the equally staunch Radical is scarcely likely to

consider the existence of this perpetually antagonistic majority a

sufficient cause for gratitude towards the Almighty. The difficulty of

equalising the parties seems insurmountable, so long as ennoblement is

an expensive luxury and Peers continue to be drawn from the wealthy

classes.[50] There is, too, something essentially Conservative about

the atmosphere of the House of Lords, which sooner or later

impregnates the blood of its inmates; under its influence the Liberal

of one generation rapidly exhibits a tendency to develop into the

Conservative of the next. But this charge is no doubt one which may be

brought with more or less truth against any Second Chamber, however

constituted, which is composed of men of a certain age and position,

not immediately responsible to the fluctuating voices of the people.

Whether one considers such stability to be a merit or the reverse

depends upon whether one adopts Lord Palmerston's and Lord Salisbury's

views of the functions of a Senate, or regards it merely as a useful

and select body of legislators enjoying certain limited powers of

criticism and delay.

[50] It is suggested that the balance of party could be adjusted by

the Government persuading the Crown to create a number of peerages

sufficient to flood the House with peers of their particular political

persuasion. In 1712, Queen Anne was prevailed upon to create twelve

peers in a single day, in order to pass a Government measure. "If

these twelve had not been enough," said Bolingbroke, "we could have

given them another dozen!" William IV. was prepared to create a

hundred new peers to ensure the passing of the Reform Bill of 1832. It

remains to be seen whether such an idea is nowadays practicable.

So much has been written about this great modern controversy, that it

is unnecessary to increase the literature which exists upon both

sides. The issue seems to lie between reducing the Second Chamber to

comparative impotence or attempting by judicious reforms in its

composition to bring it into greater sympathy with the First Chamber.

The Resolutions recently passed by the Commons,[51] have for their

object the complete annihilation of the latter in all matters of

finance, and the retention for them of such modified powers of

influencing other legislation as would enable them to delay Bills

during the early years of a shortened Parliament, and refer them to

the country during its last two years. The question of "tacking," in

Money Bills, is to be referred to the sole arbitrament of the Speaker;

but this becomes of trifling importance when it is argued that almost

any revolutionary change could be effected within the corners of a

legitimate financial measure. The objection taken to the overriding of

the Veto in the case of a Bill thrice presented, is that it amounts to

one-Chamber legislation and would result in two classes of Acts--one

passed by the Commons alone, and the other by both Houses.

[51] "1. That it is expedient that the House of Lords be disabled by

Law from rejecting or amending a Money Bill, but that any such

limitation by Law shall not be taken to diminish or qualify the

existing rights and privileges of the House of Commons.

"For the purpose of this Resolution a Bill shall be considered a Money

Bill if, in the opinion of the Speaker, it contains only provisions

dealing with all or any of the following subjects, namely, the

imposition, repeal, remission, alteration, or regulation of taxation;

Charges on the Consolidated Funds or the provision of Money by

Parliament; Supply; the appropriation, control, or regulation of

public money; the raising or guarantee of any loan or the repayment

thereof; or matters incidental to those subjects or any of them."

"2. That it is expedient that the powers of the House of Lords, as

respects Bills other than Money Bills, be restricted by Law, so that

any such Bill which has passed the House of Commons in three

successive Sessions, and, having been sent up to the House of Lords at

least one month before the end of the Session, has been rejected by

that House in each of those sessions, shall become Law without the

consent of the House of Lords on the Royal Assent being declared;

Provided that at least two years shall have elapsed between the date

of the first introduction of the Bill in the House of Commons and the

date on which it passes the House of Commons for the third time.

"For the purposes of this Resolution a Bill shall be treated as

rejected by the House of Lords if it has not been passed by the House

of Lords either without Amendment or with such Amendments only as may

be agreed upon by both Houses."

"3. That it is expedient to limit the duration of Parliament to five

years."

The policy of Reform, on the other hand, is unacceptable to those who

desire the predominance of the First Chamber, as any successful scheme

for removing present defects in the constitution of the Lords--_e.g._

the excessive size of the House, the preponderance therein of one

party, and the presence of undesirable members--must result in its

increased strength and importance. Consequently the Commons have

neither made nor encouraged any attempts in that direction.

Such suggestions as have taken any shape have been proposed by the

Lords themselves, and the history of the last thirty years exhibits

many internal efforts to reform on the part of those dissatisfied with

the ancient constitution of the House. In 1884, Lord Rosebery's motion

for a Select Committee to consider the best means of promoting the

efficiency of the House of Lords, was negatived. Four years later he

moved for another Select Committee to inquire into the Constitution of

the House. In the same year an elaborate Bill of Lord Dunraven's for

reforming the Lords was rejected, and another, promoted by Lord

Salisbury, was withdrawn after having passed the second reading. In

1908 a committee met, under the chairmanship of Lord Rosebery, to look

into the whole question, and issued a most interesting and practical

report, full of admirable recommendations. This committee began by

pointing out the expediency of reducing the numbers of an assembly

which, within recent years has increased to such an extent as to

render itself too unwieldy for legislative purposes. It strongly urged

that the recommendations to the Crown for the creation of hereditary

peerages should be restricted within somewhat narrower limits. Many

peers, as the report explained, are obviously ill-suited to their

Parliamentary duties; others find the work irksome and distasteful; of

a few it may euphemistically be observed that their release from the

burden of legislative responsibilities would be eminently desirable.

Lord Rosebery's committee therefore came to the conclusion that the

dignity of a peer and the dignity of a Lord of Parliament should be

separate and distinct, and that, except in the case of peers of the

Blood Royal, the possession of a peerage should not necessarily be

attended with the right to sit and vote in the House of Lords. A

further suggestion was made that the hereditary peers should be

represented by two hundred of their number, elected by them to sit as

Lords of Parliament, not for life, but for each parliament, and that

the number of Spiritual Peers should be proportionately reduced to

ten. The inclusion of representatives from the Colonies, and the

granting of a writ of summons to a number of qualified persons who had

held high office in the State, figured prominently in this scheme of

reform.

Following up these recommendations, the House on the motion of Lord

Rosebery has recently adopted the following resolutions for its own

reconstitution:--

"(1) That a strong and efficient Second Chamber is not

merely an integral part of the British Constitution, but is

necessary to the well-being of the State and to the balance

of Parliament.

"(2) That such a Chamber can best be obtained by the reform

and reconstitution of the House of Lords.

"(3) That a necessary preliminary of such reform and

reconstitution is the acceptance of the principle that the

possession of a peerage should no longer of itself give the

right to sit and vote in the House of Lords."[52]

[52] The following further Resolutions stand upon the Notice Paper and

still await consideration:--

"(1) That in future the House of Lords shall consist of Lords of

Parliament: A. Chosen by the whole body of hereditary peers from among

themselves and by nomination by the Crown. B. Sitting by virtue of

offices and of qualifications held by them. C. Chosen from outside.

"(2) That the term of tenure for all Lords of Parliament shall be the

same, except in the case of those who sit ex-officio, who would sit so

long as they held the office for which they sit."

We are sometimes tempted nowadays to laugh, like "the gardener Adam

and his wife," at the claims of long descent. But the pride of birth

and blood is common to all nations, perhaps less so in England than

elsewhere. The French ducal family of Levis boasted a descent from the

princes of Judah, and would produce an old painting in which one of

their ancestors was represented as bowing, hat in hand, to the Virgin,

who was saying, "Couvrez-vous, mon cousin!" Similarly the family of

Cory possessed a picture of Noah with one foot in the ark, exclaiming,

"Sauvez les papiers de la maison de Cory!"[53] Byron is said to have

been prouder of his pedigree than of his poems, and it is to be hoped

that our aristocracy will never entirely forget that their ancestors

have handed down to them traditions which are more precious than the

titles and lands by which they are represented.

[53] Hayward's "Essays," p. 305.

One cannot altogether relish the sight of several peers, who had been

considered incompetent to manage their own affairs, hastening to

Westminster at the call of a party "Whip" to record their votes upon

Imperial concerns of the greatest importance. And though it must be

admitted that it is rare indeed for the incompetent or degenerate

members of the Upper House to take any part in its deliberations, the

fact that they have the undoubted right to do so scarcely tends to

enhance the respect in which that assembly is popularly held. In

spite, however, of the occasional presence of "undesirables," it is

generally acknowledged that if any question arises requiring a display

of more than ordinary knowledge of history, or more practical wisdom

or learning, these can nowhere be found so well as in the Upper House.

There, too, the level of oratory and of common sense is perceptibly

higher than in the popular assembly. But the Reform Bill of 1832

enabled the Commons to speak in the name of the people, which they had

never hitherto done, and which the Lords cannot do, and thus created

that wide gulf which now separates them from the House of Lords. Here,

however, as well as there, are many men who realise that, in the words

of Lord Rosebery, they have a great heritage, "their own honour, and

the honour of their ancestors, and of their posterity, to guard."[54]

[54] Hansard, vol. 289, p. 957 (1884).

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