The Mother of Parliaments

160

He was, however, an able lawyer, and reserved his orgies for private life. "If my Lord Jefferies exceeded the bounds of temperance now and then in an evening, it does not follow that he was drunk on the bench or in council." (Campbell's "Lives," vol. iii. p. 595 note.)

161

Roger North's "Life of Lord Guilford," vol. ii. p. 167. (The word roiled, so we are informed, was an import from the American plantations.)

162

"If we wish to be in a state of security," he said, in 1859, "if we wish to maintain our great interests, if we wish to maintain our honour, it is necessary that we should have a power measured by that of any two possible adversaries."

163

H. Crabb Robinson's "Diary," vol. iii. p. 453.

164

"Commentaries," vol. iii. p. 47.

165

Sir Robert Harley, Chancellor in 1757, was not made a peer until 1764. In 1830, Brougham took his seat on the Woolsack as a Commoner, and at least one other Chancellor has since followed his example.

166

Roscoe's "Eminent British Lawyers," p. 258. Other Chancellors were sprung from equally humble origin. Edward Sugden, afterwards Lord St. Leonards, was the son of a barber. To him is attributed a repartee similar to that made many years earlier by Colonel Birch, M.P., who was taunted with having in his youth been a carrier. "It is true, as the gentleman says, I once was a carrier," replied Birch. "But let me tell the gentleman that it is very fortunate for him that he never was a carrier; for, if he had been, he would be a carrier still." See Burnet's "History of His Own Time," p. 259.

167

Hawkins's "Memoirs," vol. ii. p. 312.

168

He declared, on a famous occasion, that his debt of gratitude to His Majesty was ample, for the many favours he had graciously conferred upon him, which, when he forgot, might his God forget him! Wilkes, who was present, muttered, "God forget you! He will see you d – d first!" while Burke remarked that to escape the memory of the Almighty would be the very best thing Thurlow could hope for.

169

Page 430.

170

Twiss's "Life of Eldon," vol. i. p. 214.

171

Lord Ellenborough was once asked by his hostess after dinner to cease conversing with his host – a judge – and to give the ladies some conversation, as he had been talking law long enough. "Madam," he replied, "I beg your pardon; we have not been talking law, or anything like law. We have been talking of one of the decisions of Lord Loughborough." – Campbell's "Lives," vol. vi. p. 251.

172

Bagehot's "Literary Studies," vol. i. p. 150.

173

Like Lord Bacon, too, he compiled an indifferent "Anecdote Book." Bacon's "Collection of Apothegms," was supposed to have been taken down from his dictation all on "one rainy day," but neither the brevity of the time nor the inclemency of the weather is a sufficient excuse for so poor a production.

174

These occasionally took the form of lampoons in verse, such as the following: —

The Derivation of Chancellor"The Chancellor, so says Lord Coke,His title from Cancello took;And ev'ry cause before him triedIt was his duty to decide.Lord Eldon, hesitating ever,Takes it from Chanceler, to waver,And thinks, as this may bear him out,His bounden duty is to doubt."Pryme's "Recollections," p. 111

175

"There never was anything like the admiration excited by Brougham's speech. Lord Harrowby, G. Somerset, Mr. Montagu, and Granville told me it was in eloquence, ability, and judicious management beyond almost anything they ever heard." – Lady Granville's "Letters" (to Lady G. Morpeth, 5 October, 1820), vol. i. p. 181.

176

The Duke of Wellington once chaffed Brougham, saying that he would only be known hereafter as the inventor of a carriage. The Chancellor retorted by remarking that the Duke would only be remembered as the inventor of a pair of boots. "D – the boots!" said Wellington. "I had quite forgotten them; you have the best of it!"

177

Russell's "Recollections," p. 138.

178

Blackstone's "Commentaries," vol. iii. p. 47.

179

Lord Eldon, who dearly loved a joke, wrote as follows to his friend, Dr. Fisher, of the Charter House, who had applied to him for a piece of preferment then vacant —

"Dear Fisher,

"I cannot, to-day, give you the preferment for which you ask.

"I remain, your sincere friend,

"Eldon.

"Turn over."

(On the other side of the page he added)

"I gave it to you yesterday."

"Life of Eldon," vol. ii. p. 612.

180

The same difficulty arose in 1878, when Queen Victoria solved it by following the precedent set in 1831, and divided the Seal between Lord Cairns and his predecessor.

181

"The Runnymede Letters," p. 230.

182

Hakewell gives a list of Hungerford's predecessors in the Chair, which includes Sir Peter de la Mare, commissioned by Parliament to rebuke Edward III. for his misconduct with Alice Perrers, and imprisoned for so doing.

183

Phillips's "Curran and his Contemporaries," p. 88.

184

July 16, 1610.

185

Palgrave's "House of Commons," p. 51.

186

"The Institutes of the Laws of England," fourth part (1648), p. 8.

187

Carlyle's "Letters and Speeches of Oliver Cromwell," vol. i. p. 88. Until comparatively recently it was not permissible for a Speaker to leave the Chair until, at the instigation of some member, the motion "that this House do now adjourn" had been put. In this connexion a pathetic story is told of Speaker Denison. On one occasion the House broke up rather hurriedly, and the necessary formula for releasing the Speaker was forgotten. He was consequently compelled to remain a lonely prisoner in the Chair until some good-natured member could be brought back to set him free.

188

After his dismissal from the House of Commons, Sir John Trevor lived quietly at home and amassed money. His miserly habits became notorious. Once when he was dining alone and drinking a bottle of wine, a cousin was introduced by a side door. "You rascal," said Trevor to his servant; "how dare you bring this gentleman up the back stairs? Take him instantly down the back stairs and bring him up the front stairs!" In vain did the cousin remonstrate. While he was being ceremoniously conveyed down one staircase and up the other his host cleared the dinner table, and he returned to find the bottles and glasses replaced by books and papers. Campbell's "Lives of the Chancellors," vol. v. pp. 59-60.

189

Sir Arnold Savage, Speaker in Henry VI.'s time, was so voluble, and addressed the King so often, and at such length, that the latter's patience became exhausted, and he asked that all requests from the Commons might hereafter be addressed to him in writing.

190

In 1818, on the election of Manners Sutton.

191

Dr. Johnson's "Debates in Parliament," vol. ii. p. 2.

192

Of his nominee for the Speakership Lord John declared that he had "parts, temper, and constitution." "And he has," he added, "besides the principle of common honesty, which would prevent him from doing wrong, a principle of nice honour, which will always urge him to do right. By honour I do not mean a fashionable mistaken principle, which would only lead a man to court popular reputation, and avoid popular disgrace, whether the opinion on which they are founded is false or true; whether the conduct which they require is in itself just or unjust, or its consequences hurtful or beneficial to mankind. I mean a quality which is not satisfied with doing right, when it is merely the alternative of doing wrong, which prompts a man to do what he might lawfully and honestly leave undone; which distinguishes a thousand different shades in what is generally denominated the same colour, and is as much superior to a mere conformity to prescribed rules as forgiving a debt is to paying what we owe." "Parliamentary History," vol. xvi. p. 737.

193

D'Ewes' "Journal," p. 449.

194

"The Rolliad."

195

Horace Walpole's "Letters," vol. vii. p. 340. (This Speaker's criticism of the royal expenditure on a later occasion roused the animosity of George III., and cost him the loss of the Chair.)

196

May's "Constitutional History," vol. i. p. 503 n.

197

"People say, when you get on the blind side of a man, you get into his favour; but it is quite the reverse with the members when they get on the blind side of the Speaker." Pearson's "Political Dictionary," p. 53.

198

When Trevor was Master of the Rolls, a post he combined with that of Speaker, it was said that if Justice were blind, Equity was now seen to squint!

199

Barnes's "Political Portraits," p. 218.

200

None of these chairs is to be found at Clandon, nor has the Onslow family any record of their existence, so perhaps the story of this particular perquisite is nothing but a legend and a myth.

201

Pellew's "Life of Sidmouth," vol. i. p. 368.

202

"Diary of Lord Colchester," February 2, 1796.

203

Dalling's "Historical Characters," vol. ii. p. 181.

204

Townsend's "History of the House of Commons."

205

"Croker Papers," vol. ii. p. 164.

206

Pellew's "Life of Sidmouth," vol. i. p. 66.

207

"Ceremony," says Selden, "keeps up all things; 'tis like a penny glass to a rich spirit, or some excellent water; without it the water will be spilt, the spirit lost."

208

They even carry lighted lanterns, though the whole place is ablaze with electric light!

209

D'Ewes' "Journal," p. 630.

210

Sir George de Lacy Evans (1787-1870) was the last member honoured by being allowed to retain the seat in which he had received his vote of thanks.

211

Grant's "Random Recollections," p. 7.

212

"Hudibras," vol. i. p. 120. During the first years of the Long Parliament Elsynge brought so much distinction to the position that his authority was said to be greater than that of the Speaker (Lenthall). His abilities, "especially in taking and expressing the sense of the House," became so conspicuous that "more reverence was paid to his stool than to the Speaker's chair." – Wood's "Athenæ Oxonienses," vol. iii. p. 363.

213

Hatsell's "Precedents," vol. ii. p. 251 n.

214

D'Ewes' "Journal," p. 688.

215

"Modus Tenendi Parliamentum," p. 46.

216

Torrens' "Life of Graham," vol. ii. p. 30.

217

Elsynge's "Parliaments of England," pp. 160 and 161.

218

D'Ewes' "Journal," p. 549.

219

Townsend's "History of the House of Commons", vol. i. p. 228.

220

"The Order for Proceeding to the Parliament" (from the MS. at the College of Arms).

221

For a particularly servile speech of this kind see "The Sovereign's Prerogative," p. 7.

222

"Observations, Rules and Orders collected out of Divers Journals of the House of Commons," p. 25.

223

A peer in support contended that otherwise a Jew might become Lord Chancellor. "Why not?" asked Lord Lyndhurst, in an undertone. "Daniel would have made a very good one!" (Atlay's "Victorian Chancellors," vol. i. p. 61.)

224

Failure to take the oath only prevents a member from sitting within the Bar, voting in divisions, and taking part in debate. It does not disqualify him from the other privileges of membership, nor does it render his seat vacant.

225

In 1792 a sample dagger was sent from France to a Birmingham firm, who were asked to make 3000 more of similar pattern. They thought the order suspicious, and consulted the Secretary of State. Burke happened to call at the latter's office, saw the dagger there, and borrowed it. During the Second Reading of the Aliens Bill he hurled this weapon on to the floor of the House, exclaiming, "Let us keep French principles from our heads, and French daggers from our hearts!" The Commons were not impressed, and only laughed, while Sheridan whispered to a neighbour, "The gentleman has brought us the knife, but where is the fork?" Another attempt at dramatic effect, equally unsuccessful, occurred on the second reading of the Reform Bill in 1831. Lord Brougham spoke for four hours, fortified by frequent draughts of mulled port. At the end he exclaimed, "By all the ties that bind every one of us to our common order and our common country, I solemnly adjure you – yea, on my bended knees, I supplicate you – reject not this Bill!" With these words he fell upon his knees, and remained in this attitude so long that his friends, fearing that he was suffering as much from mulled port as emotion, picked him up and replaced him on the Woolsack.

226

Bradlaugh is not the only politician who has failed to interpret the words of the Oath in too literal a sense. Walpole became possessed of some treasonable letters written by William Shippen, a Jacobite and violent opponent of his. Walpole sent for Shippen, and burnt the incriminating papers in his presence. Later on, when Shippen was taking the oath of allegiance in the Commons, Walpole, who stood near and knew the other's principles to be as treasonable as ever, smiled. "Egad! Robin," said Shippen, "that's hardly fair!"

227

Hatsell adds that it was contrary to custom for members so introduced to appear in top-boots. Hatsell's "Precedents," vol. ii. p. 85.

228

Peeresses cannot claim the right to be present, but are allowed to attend in accordance with a privilege of long standing, which adds much to the beauty of the ceremony. Judges have always enjoyed the right of attendance. In old days they took a prominent part in the public business of the House, but were not regular members, and, though they gave their legal opinions upon constitutional questions before Parliament, could neither vote nor join in debate.

229

If Parliament is opened by Commission, Black Rod is sent to desire (not to command) the attendance of the Commons, and the King's Speech is read by the Lord Chancellor.

230

O'Connell's "Experiences," vol. i. p. 9.

231

Hatsell says that such expressions were "very opprobrious," and might not unfitly have been applied "to the Peasants of France or the Boores of Germany." "Precedents," vol. i. p. 237.

232

In 1860 such occurrences were prevented by the seats being balloted for by the Commons. "The faithful Commons being elected by ballot," as we read in "The Times" of January 25, "not now as formerly rushing in like the gods in the gallery on Boxing Night; on the contrary, they came steadily up to the Bar, the Speaker leading, and on his right Lord Palmerston." Today the system of balloting is again employed, and a much larger space both on the ground and in the galleries is allotted to the Commons.

233

The Cockpit was pulled down in 1733, but the name continued to be given to the Treasury meeting-room. See Dodington's "Diary": "Went to the Cockpit to a prize cause," p. 72 (1828).

234

"November 20, 1798. Called on Sir Francis Burdett, who had just been reading in the newspaper the King's intended Speech to-day (which for some sessions past has been published the morning before it is spoken)." Holcroft's "Memoirs," p. 229.

235

It was burnt by the hangman in Palace Yard. Waldegrave's "Memoirs," p. 89.

236

Twiss's "Life of Eldon," vol. ii. p. 359.

237

O'Flanagan's "Lives of the Irish Chancellors," vol. ii. p. 541. (The same simile was used by Boswell. See Croker's "Dr. Johnson," vol. iii. p. 41.)

238

Forster's "Sir John Eliot," vol. i. p. 405.

239

Select Committees met in 1837, 1848, 1854, 1861 and 1871, and a Joint Committee of both Houses considered the question in 1869.

240

Pryme's "Recollections," p. 220.

241

Scobell's "Rules and Customs of Parliament," p. 19.

242

"Orders, Proceedings, Punishments, and Privileges," etc. ("Harleian Miscellany," vol. v. p. 259.)

243

Forster's "Grand Remonstrance," p. 206 n.

244

Torrens' "Life of Melbourne," vol. ii. p. 375.

245

Grant's "Recollections of the House of Lords," p. 407. Lord Alvanley was the sporting peer who out hunting met a well-known West End artist in pastry who was having some trouble with his horse. "I can't hold him," said the confectioner, "he's so devilish hot!" "Why don't you ice him, Mr. Gunter?" said Lord Alvanley. – (Maddyn's "Chiefs of States," vol. ii. p. 214.)

246

Harford's "Recollections of Wilberforce," p. 93. An exception to this rule was made on November 4, 1909, when, in accordance with the general wish of the House, the Speaker permitted the Prime Minister and the Leader of the Opposition to speak, although both had already joined in the debate on the previous night.

247

Sir Wilfred Lawson was once sarcastically referred to as "the honourable and amusing baronet" (See "Men and Manners," p. 152.)

248

"Orders, Proceedings, Punishments, and Privileges of the Commons" ("Harleian Miscellany," vol. v. p. 8).

249

"The House has a character of its own. Like all great public collections of men, it possesses a marked love of virtue and an abhorrence of vice. But among vices there is none which the House abhors in the same degree with obstinacy" ("Works and Correspondence," vol. iii. p. 215).

250

The last instance of this occurred on May 6, 1884, when Lord Waveney was addressing the House.

251

"I must say that it (the House of Commons) would be a better machine if men were a little less vain, and would adopt a policy of silence. If they would be anxious to get through the business of the House without so much anxiety for self-exhibition as I have sometimes observed, I think the House of Commons might do a good deal more work, and very much better work than it does at present." – Speech at the Fishmongers' Hall, April 27, 1881.

252

Grant's "Recollections," p. 53. Nowadays no member can make this motion more than once.

253

Molesworth's "History of the Reform Bill," p. 214.

254

See "Influence of Authority in Matters of Opinion," p. 219.

255

With regard to those well-worn expressions, the "sense" of the House and the "feeling" of the House, it has been stated that the House of Commons has more sense and feeling than any one who sits upon its benches: "The collective wisdom of Parliament exceeds the wisdom of any single head therein."

256

Pike's "Constitutional History," p. 267.

257

Peeresses may also claim this as a right.

258

Townsend's "History," vol. i. p. 253.

259

Raikes's "Journal," vol. i. p. 320.

260

"Table Talk," p. 109.

261

Hatsell's "Precedents," vol. ii. p. 241 n.

262

Lord Russell's "Essays and Sketches," p. 346.

263

Oldfield's "History of the House of Commons," vol. i. p. 420.

264

"Diary and Letters of Mme. D'Arblay," vol. iv.

265

D'Ewes' "Journal," p. 341.

266

Ward was expelled for forgery. He is referred to in Pope's "Dunciad" —

"As thick as eggs at Ward in pillory." —

Book iii. line 34.

267

"Lex Parliamentaria," pp. 94, 101.

268

Sir Walter had lodged information of scandalous words spoken by certain individuals. See Lister's "Life of Clarendon," vol. iii. p. 125.

269

Petyt's "Miscellanea Parliamentaria," p. 64.

270

In bygone days his duties evidently entailed much pedestrian exercise, as may be gathered from an Order of the House issued in Queen Elizabeth's time. "Upon Motion of the House" (say the records), "in regard to the Infirmity and Pains in the Sergeant's Feet, he is licensed by the House to ride a Footcloth Nag." "Observations, Rules, and Orders Collected out of Divers Journals of the House of Commons" (1717), p. 138.

271

"Rot. Parl;" vol. v. 239-240.

272

Cockburn's "Life of Jeffrey," vol. ii. p. 354.

273

Nicholas's "Proceedings of the Privy Council," vol. vi. p. lxv.

274

"Modus Tenendi Parliamentum," p. 28.

275

"Brief Register of Parliamentary Writs," p. 672.

276

Forster's "Grand Remonstrance," p. 316 n.

277

Townsend's "History," vol. iii. p. 377.

278

"Letters," March 7, 1731.

279

The last "call" of the Lords took place in 1901 on the trial of Earl Russell.

280

Grant's "Recollections," p. 52.

281

Fox asked Sir Fletcher Norton the same question. "What will happen?" replied the Speaker: "hang me if I either know or care!" "Life of Sidmouth," vol. i. p. 69 n.

282

In 1834 Lord Althorp and Sheil were locked up by the Sergeant-at-Arms, by order of the Speaker, until they had apologised to the House and one another for the use of unparliamentary language. Cf. O'Connell's "Recollections and Experiences," vol. i. p. 169.

283

Forster's "Sir John Eliot," vol. i. p. 238.

284

Mountmorris's "History of the Irish Parliament," vol. i. p. 77.

285

Palgrave's "House of Commons," p. 18. (The Speaker, however, does not appear to have thought it necessary to call upon the member for Coventry to withdraw his fierce and unparliamentary expression.)

286

Andrew Marvell's "Works," vol. ii. p. 33. (Sir Philip Harcourt might well have anticipated the remark made by the Georgian monarch who, while leaning out of a window, received a severe blow from a footman who had mistaken the royal back for that of his fellow-domestic, James. "Even if I had been James," the King plaintively exclaimed, "you needn't have hit me so hard!")

287

"Diary," December 19, 1666.

288

Reresby's "Memoirs," p. 231.

289

"Extracts of the Journals and Correspondence of Miss Berry," vol. ii. p. 35.

290

Samuel Rogers' "Recollections," p. 112.

291

Townsend's "History," vol. ii. p. 93.

292

Campbell's "Lives of the Chancellors."

293

Grant's "Recollections of the House of Lords" (1834). (This is not the only instance of a well-known quotation passing unrecognized in Parliament. In 1853, when Bishop Wilberforce made a good-humoured attack on Lord Derby, the latter remarked that a man might "smile and smile and be a villain," and thereby caused much excitement among the Lords, who had not recently studied their "Hamlet.")