The creation of an equality with the king, called Peerage, was, in barbarous epochs, a useful fiction. This rudimentary political expedient produced in France and England different results. In France, the peer was a mock king; in England, a real prince—less grand than in France, but more genuine: we might say less, but worse.
Peerage was born in France; the date is uncertain—under Charlemagne, says the legend; under Robert le Sage, says history, and history is not more to be relied on than legend. Favin writes: "The King of France wished to attach to himself the great of his kingdom, by the magnificent title of peers, as if they were his equals."
Peerage soon thrust forth branches, and from France passed over to England.
The English peerage has been a great fact, and almost a mighty institution. It had for precedent the Saxon wittenagemote. The Danish thane and the Norman vavassour commingled in the baron. Baron is the same as vir, which is translated into Spanish byvaron, and which signifies,par excellence, "Man." As early as 1075, the barons made themselves felt by the king—and by what a king! By William the Conqueror. In 1086 they laid the foundation of feudality, and its basis was the "Doomsday Book." Under John Lackland came conflict. The French peerage took the high hand with Great Britain, and demanded that the king of England should appear at their bar. Great was the indignation of the English barons. At the coronation of Philip Augustus, the King of England, as Duke of Normandy, carried the first square banner, and the Duke of Guyenne the second. Against this king, a vassal of the foreigner, the War of the Barons burst forth. The barons imposed on the weak-minded King John Magna Charta, from which sprang the House of Lords. The pope took part with the king, and excommunicated the lords. The date was 1215, and the pope was Innocent III., who wrote the "Veni, Sancte Spiritus," and who sent to John Lackland the four cardinal virtues in the shape of four gold rings. The Lords persisted. The duel continued through many generations. Pembroke struggled. 1248 was the year of "the provisions of Oxford." Twenty-four barons limited the king's powers, discussed him, and called a knight from each county to take part in the widened breach. Here was the dawn of the Commons. Later on, the Lords added two citizens from each city, and two burgesses from each borough. It arose from this, that up to the time of Elizabeth the peers were judges of the validity of elections to the House of Commons. From their jurisdiction sprang the proverb that the members returned ought to be without the three P's—sine Prece, sine Pretio, sine Poculo. This did not obviate rotten boroughs. In 1293, the Court of Peers in France had still the King of England under their jurisdiction; and Philippe le Bel cited Edward I. to appear before him. Edward I. was the king who ordered his son to boil him down after death, and to carry his bones to the wars. Under the follies of their kings the Lords felt the necessity of fortifying Parliament. They divided it into two chambers, the upper and the lower. The Lords arrogantly kept the supremacy. "If it happens that any member of the Commons should be so bold as to speak to the prejudice of the House of Lords, he is called to the bar of the House to be reprimanded, and, occasionally, to be sent to the Tower." There is the same distinction in voting. In the House of Lords they vote one by one, beginning with the junior, called the puisne baron. Each peer answers "Content," or "Non-content." In the Commons they vote together, by "Aye," or "No," in a crowd. The Commons accuse, the peers judge. The peers, in their disdain of figures, delegated to the Commons, who were to profit by it, the superintendence of the Exchequer—thus named, according to some, after the table-cover, which was like a chess-board; and according to others, from the drawers of the old safe, where was kept, behind an iron grating, the treasure of the kings of England. The "Year-Book" dates from the end of the thirteenth century. In the War of the Roses the weight of the Lords was thrown, now on the side of John of Gaunt, Duke of Lancaster, now on the side of Edmund, Duke of York. Wat Tyler, the Lollards, Warwick the King-maker, all that anarchy from which freedom is to spring, had for foundation, avowed or secret, the English feudal system. The Lords were usefully jealous of the Crown; for to be jealous is to be watchful. They circumscribed the royal initiative, diminished the category of cases of high treason, raised up pretended Richards against Henry IV., appointed themselves arbitrators, judged the question of the three crowns between the Duke of York and Margaret of Anjou, and at need levied armies, and fought their battles of Shrewsbury, Tewkesbury, and St. Albans, sometimes winning, sometimes losing. Before this, in the thirteenth century, they had gained the battle of Lewes, and had driven from the kingdom the four brothers of the king, bastards of Queen Isabella by the Count de la Marche; all four usurers, who extorted money from Christians by means of the Jews; half princes, half sharpers—a thing common enough in more recent times, but not held in good odour in those days. Up to the fifteenth century the Norman Duke peeped out in the King of England, and the acts of Parliament were written in French. From the reign of Henry VII., by the will of the Lords, these were written in English. England, British under Uther Pendragon; Roman under Cæsar; Saxon under the Heptarchy; Danish under Harold; Norman after William; then became, thanks to the Lords, English. After that she became Anglican. To have one's religion at home is a great power. A foreign pope drags down the national life. A Mecca is an octopus, and devours it. In 1534, London bowed out Rome. The peerage adopted the reformed religion, and the Lords accepted Luther. Here we have the answer to the excommunication of 1215. It was agreeable to Henry VIII.; but, in other respects, the Lords were a trouble to him. As a bulldog to a bear, so was the House of Lords to Henry VIII. When Wolsey robbed the nation of Whitehall, and when Henry robbed Wolsey of it, who complained? Four lords—Darcie, of Chichester; Saint John of Bletsho; and (two Norman names) Mountjoie and Mounteagle. The king usurped. The peerage encroached. There is something in hereditary power which is incorruptible. Hence the insubordination of the Lords. Even in Elizabeth's reign the barons were restless. From this resulted the tortures at Durham. Elizabeth was as a farthingale over an executioner's block. Elizabeth assembled Parliament as seldom as possible, and reduced the House of Lords to sixty-five members, amongst whom there was but one marquis (Winchester), and not a single duke. In France the kings felt the same jealousy and carried out the same elimination. Under Henry III. there were no more than eight dukedoms in the peerage, and it was to the great vexation of the king that the Baron de Mantes, the Baron de Courcy, the Baron de Coulommiers, the Baron de Chateauneuf-en-Thimerais, the Baron de la Fère-en-Lardenois, the Baron de Mortagne, and some others besides, maintained themselves as barons—peers of France. In England the crown saw the peerage diminish with pleasure. Under Anne, to quote but one example, the peerages become extinct since the twelfth century amounted to five hundred and sixty-five. The War of the Roses had begun the extermination of dukes, which the axe of Mary Tudor completed.This was, indeed, the decapitation of the nobility. To prune away the dukes was to cut off its head. Good policy, perhaps; but it is better to corrupt than to decapitate. James I. was of this opinion. He restored dukedoms. He made a duke of his favourite Villiers, who had made him a pig;[22] a transformation from the duke feudal to the duke courtier. This sowing was to bring forth a rank harvest: Charles II. was to make two of his mistresses duchesses—Barbara of Southampton, and Louise de la Querouel of Portsmouth. Under Anne there were to be twenty-five dukes, of whom three were to be foreigners, Cumberland, Cambridge, and Schomberg. Did this court policy, invented by James I., succeed? No. The House of Peers was irritated by the effort to shackle it by intrigue. It was irritated against James I., it was irritated against Charles I., who, we may observe, may have had something to do with the death of his father, just as Marie de Medicis may have had something to do with the death of her husband. There was a rupture between Charles I. and the peerage. The lords who, under James I., had tried at their bar extortion, in the person of Bacon, under Charles I. tried treason, in the person of Stratford. They had condemned Bacon; they condemned Stratford. One had lost his honour, the other lost his life. Charles I. was first beheaded in the person of Stratford. The Lords lent their aid to the Commons. The king convokes Parliament to Oxford; the revolution convokes it to London. Forty-four peers side with the King, twenty-two with the Republic. From this combination of the people with the Lords arose the Bill of Rights—a sketch of the FrenchDroits de l'homme, a vague shadow flung back from the depths of futurity by the revolution of France on the revolution of England.
Such were the services of the peerage. Involuntary ones, we admit, and dearly purchased, because the said peerage is a huge parasite. But considerable services, nevertheless.
The despotic work of Louis XI., of Richelieu, and of Louis XIV., the creation of a sultan, levelling taken for true equality, the bastinado given by the sceptre, the common abasement of the people, all these Turkish tricks in France the peers prevented in England. The aristocracy was a wall, banking up the king on one side, sheltering the people on the other. They redeemed their arrogance towards the people by their insolence towards the king. Simon, Earl of Leicester, said to Henry III., "King, thou hast lied!" The Lords curbed the crown, and grated against their kings in the tenderest point, that of venery. Every lord, passing through a royal park, had the right to kill a deer: in the house of the king the peer was at home; in the Tower of London the scale of allowance for the king was no more than that for a peer—namely, twelve pounds sterling per week. This was the House of Lords' doing.
Yet more. We owe to it the deposition of kings. The Lords ousted John Lackland, degraded Edward II., deposed Richard II., broke the power of Henry VI., and made Cromwell a possibility. What a Louis XIV. there was in Charles I.! Thanks to Cromwell, it remained latent. By-the-bye, we may here observe that Cromwell himself, though no historian seems to have noticed the fact, aspired to the peerage. This was why he married Elizabeth Bouchier, descendant and heiress of a Cromwell, Lord Bouchier, whose peerage became extinct in 1471, and of a Bouchier, Lord Robesart, another peerage extinct in 1429. Carried on with the formidable increase of important events, he found the suppression of a king a shorter way to power than the recovery of a peerage. A ceremonial of the Lords, at times ominous, could reach even to the king. Two men-at-arms from the Tower, with their axes on their shoulders, between whom an accused peer stood at the bar of the house, might have been there in like attendance on the king as on any other nobleman. For five centuries the House of Lords acted on a system, and carried it out with determination. They had their days of idleness and weakness, as, for instance, that strange time when they allowed themselves to be seduced by the vessels loaded with cheeses, hams, and Greek wines sent them by Julius II. The English aristocracy was restless, haughty, ungovernable, watchful, and patriotically mistrustful. It was that aristocracy which, at the end of the seventeenth century, by act the tenth of the year 1694, deprived the borough of Stockbridge, in Hampshire, of the right of sending members to Parliament, and forced the Commons to declare null the election for that borough, stained by papistical fraud. It imposed the test on James, Duke of York, and, on his refusal to take it, excluded him from the throne. He reigned, notwithstanding; but the Lords wound up by calling him to account and banishing him. That aristocracy has had, in its long duration, some instinct of progress. It has always given out a certain quantity of appreciable light, except now towards its end, which is at hand. Under James II. it maintained in the Lower House the proportion of three hundred and forty-six burgesses against ninety-two knights. The sixteen barons, by courtesy, of the Cinque Ports were more than counterbalanced by the fifty citizens of the twenty-five cities. Though corrupt and egotistic, that aristocracy was, in some instances, singularly impartial. It is harshly judged. History keeps all its compliments for the Commons. The justice of this is doubtful. We consider the part played by the Lords a very great one. Oligarchy is the independence of a barbarous state, but it is an independence. Take Poland, for instance, nominally a kingdom, really a republic. The peers of England held the throne in suspicion and guardianship. Time after time they have made their power more felt than that of the Commons. They gave check to the king. Thus, in that remarkable year, 1694, the Triennial Parliament Bill, rejected by the Commons, in consequence of the objections of William III., was passed by the Lords. William III., in his irritation, deprived the Earl of Bath of the governorship of Pendennis Castle, and Viscount Mordaunt of all his offices. The House of Lords was the republic of Venice in the heart of the royalty of England. To reduce the king to a doge was its object; and in proportion as it decreased the power of the crown it increased that of the people. Royalty knew this, and hated the peerage. Each endeavoured to lessen the other. What was thus lost by each was proportionate profit to the people. Those two blind powers, monarchy and oligarchy, could not see that they were working for the benefit of a third, which was democracy. What a delight it was to the crown, in the last century, to be able to hang a peer, Lord Ferrers!
However, they hung him with a silken rope. How polite!
"They would not have hung a peer of France," the Duke of Richelieu haughtily remarked. Granted. They would have beheaded him. Still more polite!
Montmorency Tancarville signed himselfpeer of France and England;thus throwing the English peerage into the second rank. The peers of France were higher and less powerful, holding to rank more than to authority, and to precedence more than to domination. There was between them and the Lords that shade of difference which separates vanity from pride. With the peers of France, to take precedence of foreign princes, of Spanish grandees, of Venetian patricians; to see seated on the lower benches the Marshals of France, the Constable and the Admiral of France, were he even Comte de Toulouse and son of Louis XIV.; to draw a distinction between duchies in the male and female line; to maintain the proper distance between a simplecomté, like Armagnac or Albret, and acomté pairie, like Evreux; to wear by right, at five-and-twenty, the blue ribbon of the Golden Fleece; to counterbalance the Duke de la Tremoille, the most ancient peer of the court, with the Duke Uzès, the most ancient peer of the Parliament; to claim as many pages and horses to their carriages as an elector; to be calledmonseigneurby the first President; to discuss whether the Duke de Maine dates his peerage as the Comte d'Eu, from 1458; to cross the grand chamber diagonally, or by the side—such things were grave matters. Grave matters with the Lords were the Navigation Act, the Test Act, the enrolment of Europe in the service of England, the command of the sea, the expulsion of the Stuarts, war with France. On one side, etiquette above all; on the other, empire above all. The peers of England had the substance, the peers of France the shadow.
To conclude, the House of Lords was a starting-point; towards civilization this is an immense thing. It had the honour to found a nation. It was the first incarnation of the unity of the people: English resistance, that obscure but all-powerful force, was born in the House of Lords. The barons, by a series of acts of violence against royalty, have paved the way for its eventual downfall. The House of Lords at the present day is somewhat sad and astonished at what it has unwillingly and unintentionally done, all the more that it is irrevocable.
What are concessions? Restitutions;—and nations know it.
"I grant," says the king.
"I get back my own," says the people.
The House of Lords believed that it was creating the privileges of the peerage, and it has produced the rights of the citizen. That vulture, aristocracy, has hatched the eagle's egg of liberty.
And now the egg is broken, the eagle is soaring, the vulture dying.
Aristocracy is at its last gasp; England is growing up.
Still, let us be just towards the aristocracy. It entered the scale against royalty, and was its counterpoise. It was an obstacle to despotism. It was a barrier. Let us thank and bury it.
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, calledThe 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."
The whole ceremony of the investiture of Gwynplaine, from his entry under the King's Gate to his taking the test under the nave window, was enacted in a sort of twilight.
Lord William Cowper had not permitted that he, as Lord Chancellor of England, should receive too many details of circumstances connected with the disfigurement of the young Lord Fermain Clancharlie, considering it below his dignity to know that a peer was not handsome; and feeling that his dignity would suffer if an inferior should venture to intrude on him information of such a nature. We know that a common fellow will take pleasure in saying, "That prince is humpbacked;" therefore, it is abusive to say that a lord is deformed. To the few words dropped on the subject by the queen the Lord Chancellor had contented himself with replying, "The face of a peer is in his peerage!"
Ultimately, however, the affidavits he had read and certified enlightened him. Hence the precautions which he took. The face of the new lord, on his entrance into the House, might cause some sensation. This it was necessary to prevent; and the Lord Chancellor took his measures for the purpose. It is a fixed idea, and a rule of conduct in grave personages, to allow as little disturbance as possible. Dislike of incident is a part of their gravity. He felt the necessity of so ordering matters that the admission of Gwynplaine should take place without any hitch, and like that of any other successor to the peerage.
It was for this reason that the Lord Chancellor directed that the reception of Lord Fermain Clancharlie should take place at the evening sitting. The Chancellor being the doorkeeper—"Quodammodo ostiarus," says the Norman charter; "Januarum cancellorumque," says Tertullian—he can officiate outside the room on the threshold; and Lord William Cowper had used his right by carrying out under the nave the formalities of the investiture of Lord Fermain Clancharlie. Moreover, he had brought forward the hour for the ceremonies; so that the new peer actually made his entrance into the House before the House had assembled.
For the investiture of a peer on the threshold, and not in the chamber itself, there were precedents. The first hereditary baron, John de Beauchamp, of Holt Castle, created by patent by Richard II., in 1387, Baron Kidderminster, was thus installed. In renewing this precedent the Lord Chancellor was creating for himself a future cause for embarrassment, of which he felt the inconvenience less than two years afterwards on the entrance of Viscount Newhaven into the House of Lords.
Short-sighted as we have already stated him to be, Lord William Cowper scarcely perceived the deformity of Gwynplaine; while the two sponsors, being old and nearly blind, did not perceive it at all.
The Lord Chancellor had chosen them for that very reason.
More than this, the Lord Chancellor, having only seen the presence and stature of Gwynplaine, thought him a fine-looking man. When the door-keeper opened the folding doors to Gwynplaine there were but few peers in the house; and these few were nearly all old men. In assemblies the old members are the most punctual, just as towards women they are the most assiduous.
On the dukes' benches there were but two, one white-headed, the other gray—Thomas Osborne, Duke of Leeds, and Schomberg, son of that Schomberg, German by birth, French by his marshal's bâton, and English by his peerage, who was banished by the edict of Nantes, and who, having fought against England as a Frenchman, fought against France as an Englishman. On the benches of the lords spiritual there sat only the Archbishopof Canterbury, Primate of England, above; and below, Dr. Simon Patrick, Bishop of Ely, in conversation with Evelyn Pierrepoint, Marquis of Dorchester, who was explaining to him the difference between a gabion considered singly and when used in the parapet of a field work, and between palisades and fraises; the former being a row of posts driven info the ground in front of the tents, for the purpose of protecting the camp; the latter sharp-pointed stakes set up under the wall of a fortress, to prevent the escalade of the besiegers and the desertion of the besieged; and the marquis was explaining further the method of placing fraises in the ditches of redoubts, half of each stake being buried and half exposed. Thomas Thynne, Viscount Weymouth, having approached the light of a chandelier, was examining a plan of his architect's for laying out his gardens at Longleat, in Wiltshire, in the Italian style—as a lawn, broken up into plots, with squares of turf alternating with squares of red and yellow sand, of river shells, and of fine coal dust. On the viscounts' benches was a group of old peers, Essex, Ossulstone, Peregrine, Osborne, William Zulestein, Earl of Rochford, and amongst them, a few more youthful ones, of the faction which did not wear wigs, gathered round Prince Devereux, Viscount Hereford, and discussing the question whether an infusion of apalaca holly was tea. "Very nearly," said Osborne. "Quite," said Essex. This discussion was attentively listened to by Paulet St. John, a cousin of Bolingbroke, of whom Voltaire was, later on, in some degree the pupil; for Voltaire's education, commenced by Père Porée, was finished by Bolingbroke. On the marquises' benches, Thomas de Grey, Marquis of Kent, Lord Chamberlain to the Queen, was informing Robert Bertie, Marquis of Lindsay, Lord Chamberlain of England, that the first prize in the great English lottery of 1694 had been won by two French refugees, Monsieur Le Coq, formerly councillor in the parliament of Paris, and Monsieur Ravenel, a gentleman of Brittany. The Earl of Wemyss was reading a book, entitled "Pratique Curieuse des Oracles des Sybilles." John Campbell, Earl of Greenwich, famous for his long chin, his gaiety, and his eighty-seven years, was writing to his mistress. Lord Chandos was trimming his nails.
The sitting which was about to take place, being a royal one, where the crown was to be represented by commissioners, two assistant door-keepers were placing in front of the throne a bench covered with purple velvet. On the second woolsack sat the Master of the Rolls,sacrorum scriniorum magister, who had then for his residence the house formerly belonging to the converted Jews. Two under-clerks were kneeling, and turning over the leaves of the registers which lay on the fourth woolsack. In the meantime the Lord Chancellor took his place on the first woolsack. The members of the chamber took theirs, some sitting, others standing; when the Archbishop of Canterbury rose and read the prayer, and the sitting of the house began.
Gwynplaine had already been there for some time without attracting any notice. The second bench of barons, on which was his place, was close to the bar, so that he had had to take but a few steps to reach it. The two peers, his sponsors, sat, one on his right, the other on his left, thus almost concealing the presence of the new-comer.
No one having been furnished with any previous information, the Clerk of the Parliament had read in a low voice, and as it were, mumbled through the different documents concerning the new peer, and the Lord Chancellor had proclaimed his admission in the midst of what is called, in the reports, "general inattention." Every one was talking. There buzzed through the House that cheerful hum of voices during which assemblies pass things which will not bear the light, and at which they wonder when they find out what they have done, too late.
Gwynplaine was seated in silence, with his head uncovered, between the two old peers, Lord Fitzwalter and Lord Arundel. On entering, according to the instructions of the King-at-Arms—afterwards renewed by his sponsors—he had bowed to the throne.
Thus all was over. He was a peer. That pinnacle, under the glory of which he had, all his life, seen his master, Ursus, bow himself down in fear—that prodigious pinnacle was under his feet. He was in that place, so dark and yet so dazzling in England. Old peak of the feudal mountain, looked up to for six centuries by Europe and by history! Terrible nimbus of a world of shadow! He had entered into the brightness of its glory, and his entrance was irrevocable.
He was there in his own sphere, seated on his throne, like the king on his. He was there and nothing in the future could obliterate the fact. The royal crown, which he saw under the daïs, was brother to his coronet. He was a peer of that throne. In the face of majesty he was peerage; less, but like. Yesterday, what was he? A player. To-day, what was he? A prince.
Yesterday, nothing; to-day, everything.
It was a sudden confrontation of misery and power, meeting face to face, and resolving themselves at once into the two halves of a conscience. Two spectres, Adversity and Prosperity, were taking possession of the same soul, and each drawing that soul towards itself.
Oh, pathetic division of an intellect, of a will, of a brain, between two brothers who are enemies! the Phantom of Poverty and the Phantom of Wealth! Abel and Cain in the same man!
By degrees the seats of the House filled as the Lords arrived. The question was the vote for augmenting, by a hundred thousand pounds sterling, the annual income of George of Denmark, Duke of Cumberland, the queen's husband. Besides this, it was announced that several bills assented to by her Majesty were to be brought back to the House by the Commissioners of the Crown empowered and charged to sanction them. This raised the sitting to a royal one. The peers all wore their robes over their usual court or ordinary dress. These robes, similar to that which had been thrown over Gwynplaine, were alike for all, excepting that the dukes had five bands of ermine, trimmed with gold; marquises, four; earls and viscounts, three; and barons, two. Most of the lords entered in groups. They had met in the corridors, and were continuing the conversations there begun. A few came in alone. The costumes of all were solemn; but neither their attitudes nor their words corresponded with them. On entering, each one bowed to the throne.
The peers flowed in. The series of great names marched past with scant ceremonial, the public not being present. Leicester entered, and shook Lichfield's hand; then came Charles Mordaunt, Earl of Peterborough and Monmouth, the friend of Locke, under whose advice he had proposed the recoinage of money; then Charles Campbell, Earl of Loudoun, listening to Fulke Greville, Lord Brooke; then Dorme, Earl of Carnarvon; then Robert Sutton, Baron Lexington, son of that Lexington who recommended Charles II. to banish Gregorio Leti, the historiographer, who was so ill-advised as to try to become a historian; then Thomas Bellasys, Viscount Falconberg, a handsome old man; and the three cousins, Howard, Earl of Bindon, Bowes Howard, Earl of Berkshire, and Stafford Howard, Earl of Stafford—all together; then John Lovelace, Baron Lovelace, which peerage became extinct in 1736, so that Richardson was enabled to introduce Lovelace in his book, and to create a type under the name. All these personages—celebrated each in his own way, either in politics or in war, and of whom many were an honour to England—were laughing and talking.
It was history, as it were, seen in undress.
In less than half an hour the House was nearly full. This was to be expected, as the sitting was a royal one. What was more unusual was the eagerness of the conversations. The House, so sleepy not long before, now hummed like a hive of bees.
The arrival of the peers who had come in late had wakened them up. These lords had brought news. It was strange that the peers who had been there at the opening of the sitting knew nothing of what had occurred, while those who had not been there knew all about it. Several lords had come from Windsor.
For some hours past the adventures of Gwynplaine had been the subject of conversation. A secret is a net; let one mesh drop, and the whole goes to pieces. In the morning, in consequence of the incidents related above, the whole story of a peer found on the stage, and of a mountebank become a lord, had burst forth at Windsor in Royal places. The princes had talked about it, and then the lackeys. From the Court the news soon reached the town. Events have a weight, and the mathematical rule of velocity, increasing in proportion to the squares of the distance, applies to them. They fall upon the public, and work themselves through it with the most astounding rapidity. At seven o'clock no one in London had caught wind of the story; by eight Gwynplaine was the talk of the town. Only the lords who had been so punctual that they were present before the assembling of the House were ignorant of the circumstances, not having been in the town when the matter was talked of by every one, and having been in the House, where nothing had been perceived. Seated quietly on their benches, they were addressed by the eager newcomers.
"Well!" said Francis Brown, Viscount Montacute, to the Marquis of Dorchester.
"What?"
"Is it possible?"
"What?"
"The Laughing Man!"
"Who is the Laughing Man?"
"Don't you know the Laughing Man?"
"No."
"He is a clown, a fellow performing at fairs. He has an extraordinary face, which people gave a penny to look at. A mountebank."
"Well, what then?"
"You have just installed him as a peer of England."
"You are the laughing man, my Lord Montacute!"
"I am not laughing, my Lord Dorchester."
Lord Montacute made a sign to the Clerk of the Parliament, who rose from his woolsack, and confirmed to their lordships the fact of the admission of the new peer. Besides, he detailed the circumstances.
"How wonderful!" said Lord Dorchester. "I was talking to the Bishop of Ely all the while."
The young Earl of Annesley addressed old Lord Eure, who had but two years more to live, as he died in 1707.
"My Lord Eure."
"My Lord Annesley."
"Did you know Lord Linnæus Clancharlie?"
"A man of bygone days. Yes I did."
"He died in Switzerland?"
"Yes; we were relations."
"He was a republican under Cromwell, and remained a republican under Charles II.?"
"A republican? Not at all! He was sulking. He had a personal quarrel with the king. I know from good authority that Lord Clancharlie would have returned to his allegiance, if they had given him the office of Chancellor, which Lord Hyde held."
"You astonish me, Lord Eure. I had heard that Lord Clancharlie was an honest politician."
"An honest politician! does such a thing exist? Young man, there is no such thing."
"And Cato?"
"Oh, you believe in Cato, do you?"
"And Aristides?"
"They did well to exile him."
"And Thomas More?"
"They did well to cut off his head."
"And in your opinion Lord Clancharlie was a man as you describe. As for a man remaining in exile, why, it is simply ridiculous."
"He died there."
"An ambitious man disappointed?"
"You ask if I knew him? I should think so indeed. I was his dearest friend."
"Do you know, Lord Eure, that he married when in Switzerland?"
"I am pretty sure of it."
"And that he had a lawful heir by that marriage?"
"Yes; who is dead."
"Who is living."
"Living?"
"Living."
"Impossible!"
"It is a fact—proved, authenticated, confirmed, registered."
"Then that son will inherit the Clancharlie peerage?"
"He is not going to inherit it."
"Why?"
"Because he has inherited it. It is done."
"Done?"
"Turn your head, Lord Eure; he is sitting behind you, on the barons' benches."
Lord Eure turned, but Gwynplaine's face was concealed under his forest of hair.
"So," said the old man, who could see nothing but his hair, "he has already adopted the new fashion. He does not wear a wig."
Grantham accosted Colepepper.
"Some one is finely sold."
"Who is that?"
"David Dirry-Moir."
"How is that?"
"He is no longer a peer."
"How can that be?"
And Henry Auverquerque, Earl of Grantham, told John Baron Colepepper the whole anecdote—how the waif-flask had been carried to the Admiralty, about the parchment of the Comprachicos, thejussu regis, countersignedJeffreys, and the confrontation in the torture-cell at Southwark, the proof of all the facts acknowledged by the Lord Chancellor and by the Queen; the taking the test under the nave, and finally the admission of Lord Fermain Clancharlie at the commencement of the sitting. Both the lords endeavoured to distinguish his face as he sat between Lord Fitzwalter and Lord Arundel, but with no better success than Lord Eure and Lord Annesley.
Gwynplaine, either by chance or by the arrangement of his sponsors, forewarned by the Lord Chancellor, was so placed in shadow as to escape their curiosity.
"Who is it? Where is he?"
Such was the exclamation of all the new-comers, but no one succeeded in making him out distinctly. Some, who had seen Gwynplaine in the Green Box, were exceedingly curious, but lost their labour: as it sometimes happens that a young lady is entrenched within a troop of dowagers, Gwynplaine was, as it were, enveloped in several layers of lords, old, infirm, and indifferent. Good livers, with the gout, are marvellously indifferent to stories about their neighbours.
There passed from hand to hand copies of a letter three lines in length, written, it was said, by the Duchess Josiana to the queen, her sister, in answer to the injunction made by her Majesty, that she should espouse the new peer, the lawful heir of the Clancharlies, Lord Fermain. This letter was couched in the following terms:—
"MADAM,—The arrangement will suit me just as well. I can have Lord David for my lover.—(Signed) JOSIANA."
This note, whether a true copy or a forgery, was received by all with the greatest enthusiasm. A young lord, Charles Okehampton, Baron Mohun, who belonged to the wigless faction, read and re-read it with delight. Lewis de Duras, Earl of Faversham, an Englishman with a Frenchman's wit, looked at Mohun and smiled.
"That is a woman I should like to marry!" exclaimed Lord Mohun.
The lords around them overheard the following dialogue between Duras and Mohun:—
"Marry the Duchess Josiana, Lord Mohun!"
"Why not?"
"Plague take it."
"She would make one very happy."
"She would make many very happy."
"But is it not always a question of many?"
"Lord Mohun, you are right. With regard to women, we have always the leavings of others. Has any one ever had a beginning?"
"Adam, perhaps."
"Not he."
"Then Satan."
"My dear lord," concluded Lewis de Duras, "Adam only lent his name. Poor dupe! He endorsed the human race. Man was begotten on the woman by the devil."
Hugh Cholmondeley, Earl of Cholmondeley, strong in points of law, was asked from the bishops' benches by Nathaniel Crew, who was doubly a peer, being a temporal peer, as Baron Crew, and a spiritual peer, as Bishop of Durham.
"Is it possible?" said Crew.
"Is it regular?" said Cholmondeley.
"The investiture of this peer was made outside the House," replied the bishop; "but it is stated that there are precedents for it."
"Yes. Lord Beauchamp, under Richard II.; Lord Chenay, under Elizabeth: and Lord Broghill, under Cromwell."
"Cromwell goes for nothing."
"What do you think of it all?"
"Many different things."
"My Lord Cholmondeley, what will be the rank of this young Lord Clancharlie in the House?"
"My Lord Bishop, the interruption of the Republic having displaced ancient rights of precedence, Clancharlie now ranks in the peerage between Barnard and Somers, so that should each be called upon to speak in turn, Lord Clancharlie would be the eighth in rotation."
"Really! he—a mountebank from a public show!"
"The act,per se, does not astonish me, my Lord Bishop. We meet with such things. Still more wonderful circumstances occur. Was not the War of the Roses predicted by the sudden drying up of the river Ouse, in Bedfordshire, on January 1st, 1399. Now, if a river dries up, a peer may, quite as naturally, fall into a servile condition. Ulysses, King of Ithaca, played all kinds of different parts. Fermain Clancharlie remained a lord under his player's garb. Sordid garments touch not the soul's nobility. But taking the test and the investiture outside the sitting, though strictly legal, might give rise to objections. I am of opinion that it will be necessary to look into the matter, to see if there be any ground to question the Lord Chancellor in Privy Council later on. We shall see in a week or two what is best to be done."
And the Bishop added,—
"All the same. It is an adventure such as has not occurred since Earl Gesbodus's time."
Gwynplaine, the Laughing Man; the Tadcaster Inn; the Green Box; "Chaos Vanquished;" Switzerland; Chillon; the Comprachicos; exile; mutilation; the Republic; Jeffreys; James II.; thejussu regis;the bottle opened at the Admiralty; the father, Lord Linnæus; the legitimate son, Lord Fermain; the bastard son, Lord David; the probable lawsuits; the Duchess Josiana; the Lord Chancellor; the Queen;—all these subjects of conversation ran from bench to bench.
Whispering is like a train of gunpowder.
They seized on every incident. All the details of the occurrence caused an immense murmur through the House. Gwynplaine, wandering in the depths of his reverie, heard the buzzing, without knowing that he was the cause of it. He was strangely attentive to the depths, not to the surface. Excess of attention becomes isolation.
The buzz of conversation in the House impedes its usual business no more than the dust raised by a troop impedes its march. The judges—who in the Upper House were mere assistants, without the privilege of speaking, except when questioned—had taken their places on the second woolsack; and the three Secretaries of State theirs on the third.
The heirs to peerages flowed into their compartment, at once without and within the House, at the back of the throne.
The peers in their minority were on their own benches. In 1705 the number of these little lords amounted to no less than a dozen—Huntingdon, Lincoln, Dorset, Warwick, Bath, Barlington, Derwentwater—destined to a tragical death—Longueville, Lonsdale, Dudley, Ward, and Carteret: a troop of brats made up of eight earls, two viscounts, and two barons.
In the centre, on the three stages of benches, each lord had taken his seat. Almost all the bishops were there. The dukes mustered strong, beginning with Charles Seymour, Duke of Somerset; and ending with George Augustus, Elector of Hanover, and Duke of Cambridge, junior in date of creation, and consequently junior in rank. All were in order, according to right of precedence: Cavendish, Duke of Devonshire, whose grandfather had sheltered Hobbes, at Hardwicke, when he was ninety-two; Lennox, Duke of Richmond; the three Fitzroys, the Duke of Southampton, the Duke of Grafton, and the Duke of Northumberland; Butler, Duke of Ormond; Somerset, Duke of Beaufort; Beauclerk, Duke of St. Albans; Paulet, Duke of Bolton; Osborne, Duke of Leeds; Wrottesley Russell, Duke of Bedford, whose motto and device wasChe sarà sarà, which expresses a determination to take things as they come; Sheffield, Duke of Buckingham; Manners, Duke of Rutland; and others. Neither Howard, Duke of Norfolk, nor Talbot, Duke of Shrewsbury, was present, being Catholics; nor Churchill, Duke of Marlborough, the French Malbrouck, who was at that time fighting the French and beating them. There were no Scotch dukes then—Queensberry, Montrose, and Roxburgh not being admitted till 1707.