Near Westminster Abbey was an old Norman palace which was burnt in the time of Henry VIII. Its wings were spared. In one of them Edward VI. placed the House of Lords, in the other the House of Commons. Neither the two wings nor the two chambers are now in existence. The whole has been rebuilt.
We have already said, and we must repeat, that there is no resemblance between the House of Lords of the present day and that of the past. In demolishing the ancient palace they somewhat demolished its ancient usages. The strokes of the pickaxe on the monument produce their counter-strokes on customs and charters. An old stone cannot fall without dragging down with it an old law. Place in a round room a parliament which has been hitherto held in a square room, and it will no longer be the same thing. A change in the shape of the shell changes the shape of the fish inside.
If you wish to preserve an old thing, human or divine, a code or a dogma, a nobility or a priesthood, never repair anything about it thoroughly, even its outside cover. Patch it up, nothing more. For instance, Jesuitism is a piece added to Catholicism. Treat edifices as you would treat institutions. Shadows should dwell in ruins. Worn-out powers are uneasy in chambers freshly decorated. Ruined palaces accord best with institutions in rags. To attempt to describe the House of Lords of other days would be to attempt to describe the unknown. History is night. In history there is no second tier. That which is no longer on the stage immediately fades into obscurity. The scene is shifted, and all is at once forgotten. The past has a synonym, the unknown.
The peers of England sat as a court of justice in Westminster Hall, and as the higher legislative chamber in a chamber specially reserved for the purpose, called The House of Lords.
Besides the house of peers of England, which did not assemble as a court unless convoked by the crown, two great English tribunals, inferior to the house of peers, but superior to all other jurisdiction, sat in Westminster Hall. At the end of that hall they occupied adjoining compartments. The first was the Court of King's Bench, in which the king was supposed to preside; the second, the Court of Chancery, in which the Chancellor presided. The one was a court of justice, the other a court of mercy. It was the Chancellor who counselled the king to pardon; only rarely, though.
These two courts, which are still in existence, interpreted legislation, and reconstructed it somewhat, for the art of the judge is to carve the code into jurisprudence; a task from which equity results as it best may. Legislation was worked up and applied in the severity of the great hall of Westminster, the rafters of which were of chestnut wood, over which spiders could not spread their webs. There are enough of them in all conscience in the laws.
To sit as a court and to sit as a chamber are two distinct things. This double function constitutes supreme power. The Long Parliament, which began in November 1640, felt the revolutionary necessity for this two-edged sword. So it declared that, as House of Lords, it possessed judicial as well as legislative power.
This double power has been, from time immemorial, vested in the House of Peers. We have just mentioned that as judges they occupied Westminster Hall; as legislators, they had another chamber. This other chamber, properly called the House of Lords, was oblong and narrow. All the light in it came from four windows in deep embrasures, which received their light through the roof, and a bull's-eye, composed of six panes with curtains, over the throne. At night there was no other light than twelve half candelabra, fastened to the wall. The chamber of Venice was darker still. A certain obscurity is pleasing to those owls of supreme power.
A high ceiling adorned with many-faced relievos and gilded cornices, circled over the chamber where the Lords assembled. The Commons had but a flat ceiling. There is a meaning in all monarchical buildings. At one end of the long chamber of the Lords was the door; at the other, opposite to it, the throne. A few paces from the door, the bar, a transverse barrier, and a sort of frontier, marked the spot where the people ended and the peerage began. To the right of the throne was a fireplace with emblazoned pinnacles, and two bas-reliefs of marble, representing, one, the victory of Cuthwolf over the Britons, in 572; the other, the geometrical plan of the borough of Dunstable, which had four streets, parallel to the four quarters of the world. The throne was approached by three steps. It was called the royal chair. On the two walls, opposite each other, were displayed in successive pictures, on a huge piece of tapestry given to the Lords by Elizabeth, the adventures of the Armada, from the time of its leaving Spain until it was wrecked on the coasts of Great Britain. The great hulls of the ships were embroidered with threads of gold and silver, which had become blackened by time. Against this tapestry, cut at intervals by the candelabra fastened in the wall, were placed, to the right of the throne, three rows of benches for the bishops, and to the left three rows of benches for the dukes, marquises, and earls, in tiers, and separated by gangways. On the three benches of the first section sat the dukes; on those of the second, the marquises; on those of the third, the earls. The viscounts' bench was placed across, opposite the throne, and behind, between the viscounts and the bar, were two benches for the barons.
On the highest bench to the right of the throne sat the two archbishops of Canterbury and York; on the middle bench three bishops, London, Durham, and Winchester, and the other bishops on the lowest bench. There is between the Archbishop of Canterbury and the other bishops this considerable difference, that he is bishop "by divine providence," whilst the others are only so "by divine permission." On the right of the throne was a chair for the Prince of Wales, and on the left, folding chairs for the royal dukes, and behind the latter, a raised seat for minor peers, who had not the privilege of voting. Plenty of fleurs-de-lis everywhere, and the great escutcheon of England over the four walls, above the peers, as well as above the king.
The sons of peers and the heirs to peerages assisted at the debates, standing behind the throne, between the daïs and the wall. A large square space was left vacant between the tiers of benches placed along three sides of the chamber and the throne. In this space, which was covered with the state carpet, interwoven with the arms of Great Britain, were four woolsacks--one in front of the throne, on which sat the Lord Chancellor, between the mace and the seal; one in front of the bishops, on which sat the judges, counsellors of state, who had the right to vote, but not to speak; one in front of the dukes, marquises, and earls, on which sat the Secretaries of State; and one in front of the viscounts and barons, on which sat the Clerk of the Crown and the Clerk of the Parliament, and on which the two under-clerks wrote, kneeling.
In the middle of the space was a large covered table, heaped with bundles of papers, registers, and summonses, with magnificent inkstands of chased silver, and with high candlesticks at the four corners.
The peers took their seats in chronological order, each according to the date of the creation of his peerage. They ranked according to their titles, and within their grade of nobility according to seniority. At the bar stood the Usher of the Black Rod, his wand in his hand. Inside the door was the Deputy-Usher; and outside, the Crier of the Black Rod, whose duty it was to open the sittings of the Courts of Justice with the cry, "Oyez!" in French, uttered thrice, with a solemn accent upon the first syllable. Near the Crier stood the Serjeant Mace-Bearer of the Chancellor.
In royal ceremonies the temporal peers wore coronets on their heads, and the spiritual peers, mitres. The archbishops wore mitres, with a ducal coronet; and the bishops, who rank after viscounts, mitres, with a baron's cap.
It is to be remarked, as a coincidence at once strange and instructive, that this square formed by the throne, the bishops, and the barons, with kneeling magistrates within it, was in form similar to the ancient parliament in France under the two first dynasties. The aspect of authority was the same in France as in England. Hincmar, in his treatise, "De Ordinatione Sacri Palatii," described in 853 the sittings of the House of Lords at Westminster in the eighteenth century. Strange, indeed! a description given nine hundred years before the existence of the thing described.
But what is history? An echo of the past in the future; a reflex from the future on the past.
The assembly of Parliament was obligatory only once in every seven years.
The Lords deliberated in secret, with closed doors. The debates of the Commons were public. Publicity entails diminution of dignity.
The number of the Lords was unlimited. To create Lords was the menace of royalty; a means of government.
At the beginning of the eighteenth century the House of Lords already contained a very large number of members. It has increased still further since that period. To dilute the aristocracy is politic. Elizabeth most probably erred in condensing the peerage into sixty-five lords. The less numerous, the more intense is a peerage. In assemblies, the more numerous the members, the fewer the heads. James II. understood this when he increased the Upper House to a hundred and eighty-eight lords; a hundred and eighty-six if we subtract from the peerages the two duchies of royal favourites, Portsmouth and Cleveland. Under Anne the total number of the lords, including bishops, was two hundred and seven. Not counting the Duke of Cumberland, husband of the queen, there were twenty-five dukes, of whom the premier, Norfolk, did not take his seat, being a Catholic; and of whom the junior, Cambridge, the Elector of Hanover, did, although a foreigner. Winchester, termed first and sole marquis of England, as Astorga was termed sole Marquis of Spain, was absent, being a Jacobite; so that there were only five marquises, of whom the premier was Lindsay, and the junior Lothian; seventy-nine earls, of whom Derby was premier and Islay junior; nine viscounts, of whom Hereford was premier and Lonsdale junior; and sixty-two barons, of whom Abergavenny was premier and Hervey junior. Lord Hervey, the junior baron, was what was called the "Puisné of the House." Derby, of whom Oxford, Shrewsbury, and Kent took precedence, and who was therefore but the fourth under James II., became (under Anne) premier earl. Two chancellors' names had disappeared from the list of barons--Verulam, under which designation history finds us Bacon; and Wem, under which it finds us Jeffreys. Bacon and Jeffreys! both names overshadowed, though by different crimes. In 1705, the twenty-six bishops were reduced to twenty-five, the see of Chester being vacant. Amongst the bishops some were peers of high rank, such as William Talbot, Bishop of Oxford, who was head of the Protestant branch of that family. Others were eminent Doctors, like John Sharp, Archbishop of York, formerly Dean of Norwich; the poet, Thomas Spratt, Bishop of Rochester, an apoplectic old man; and that Bishop of Lincoln, who was to die Archbishop of Canterbury, Wake, the adversary of Bossuet. On important occasions, and when a message from the Crown to the House was expected, the whole of this august assembly--in robes, in wigs, in mitres, or plumes--formed out, and displayed their rows of heads, in tiers, along the walls of the House, where the storm was vaguely to be seen exterminating the Armada--almost as much as to say, "The storm is at the orders of England."
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