CHATHAMCHATHAMFROM THE PAINTING BY WILLIAM HOARE, R.A., IN THE NATIONAL PORTRAIT GALLERY
Men in the House of Commons, as Bolingbroke said, "grow, like hounds, fond of the man who shows them sport, and by whose halloos they are used to be encouraged." If, in addition, the Prime Minister possesses singleness of purpose and supreme self-confidence, his power in Parliament is supreme. The "Great Commoner" owed his political success as much to his courage and assurance as to his splendid gifts as an orator. "I know that I can save the country," he once observed to the Duke of Devonshire, "and I know that no other man can!"[137]The Duke of Cumberland, a political adversary, described him very justly when he said that he was "that rare thing—a man!" His position in the House of Commons was in many ways unique. His very presence seemed to instil fear into the hearts of his opponents, and promote confidence in those of his supporters. A member named Moreton, Chief Justice of Chester, in a speech in the Lower House, once made some allusion to "King, Lords, and Commons, or, as that Right Honourable Member"—looking across at Pitt—"would call them, Commons, Lords, and King!" The Prime Minister rose at once in that slow dignified manner which always commanded silence, and, fixing the speaker with a cold and terrifying gaze, asked the Clerk of the House to make a note of Moreton's words. "Ihave heard frequently in this house doctrines that have surprised me," he said; "but now my blood runs cold!" Moreton, in some alarm, hastened to apologise for his ill-chosen words, saying that he had intended nothing offensive. "King, Lords, and Commons; Lords, King, and Commons; Commons, Lords, and King—tria juncta in uno! Indeed, I meant nothing!" he explained. Pitt gravely accepted this apology, but took the opportunity of giving the trembling Moreton some very sound advice. "Whenever that honourable gentleman means nothing," he said, in his sternest and most frigid tones, "I strongly recommend him to say nothing!"
The terror he inspired among his opponents was shown on another occasion when he replied to an attack of Murray, the Solicitor-General, afterwards Lord Mansfield. "I must now address a few words to Mr. Solicitor," said Pitt; "they shall be few, but they shall be daggers!" Murray at once became much agitated. "Judge Festus trembles," continued Pitt relentlessly, pointing his finger on him. "He shall hear me some other day." He sat down, Murray made no reply, and a languid debate showed the paralysis of the House.[138]
It was not only in Parliament that Pitt's power made itself felt, or that his words were received with a kind of reverential awe bordering on terror. Government officials knew well that he was not a man to be trifled with, or, if they did not know it, he soon found occasion to bring the fact to their notice. Once, when he had sent a message to the Admiralty saying that the Channel Fleet was to be got ready to sail on the following Tuesday, the Board of Admiralty respectfully replied that such a thing was an impossibility; the time was too short. The Prime Minister drily rejoined that in that case he would recommend the King to name a new Board of Admiralty. Needless to say, the Channel Fleet sailed on Tuesday.[139]
Pitt, indeed, possessed all the attributes of a successful Prime Minister. He was himself infused with a fervidenthusiasm which he could transmit into the hearts of all who shared his confidences. His courage was infectious. No man, said Colonel Barré, could come out of the Minister's private room without feeling himself braver than when he entered. He was gifted with a serene composure, a perfect self-possession, and understood the House of Commons as well as did Disraeli after him, and as well as Lord Salisbury understood the Lords.
Both these two last statesmen possessed that polished style, dry humour and sarcasm which are beloved of parliamentary audiences. Disraeli was the more ornamental speaker of the two, but seldom wasted time in rhetoric, and, like Lord North, never weakened his argument by superfluous declamation. One of the secrets of his success was that he knew when to keep silent—knowledge that is of infinite importance to a Prime Minister. Gladstone—great as a Premier, and still greater as Chancellor of the Exchequer—could not always stay his speech. His earnestness and enthusiasm carried him away, and he thereby often dissipated in debate those powers which his rival was reserving for great occasions. Lord Salisbury adopted a studiously common-place tone in the House; he did not orate, he talked confidentially. And Parliament has always preferred this quiet fashion of speaking, to what Dizzy once called the "somewhat sanctimonious eloquence" of Gladstone. Lord Palmerston's jaunty manner was far more popular than the exuberant eloquence of greater orators. People said that they preferred his "ha! ha!" style to the wit of Canning or the gravity of Peel.
The Premiership is not a bed of roses, and it requires the phlegm of a Lord North to sleep there at all. It is, no doubt, the pinnacle of political ambition, but from that giddy height many a statesman has looked down with envy, like St. Simon on his column, at the groundlings who walk securely beneath his feet. Elevation brings with it many disadvantages. The searchlight of public opinion beats relentlessly upon a Prime Minister; even his private life is open to criticism. Enemies lay snares for him on every side; friends and political allieshave to be treated with tact and tenderness; his labours never cease, day or night.[140]It is his duty, as Gladstone said, "to stand like a wall of adamant between the people and the sovereign," and the burden of an Empire hangs heavy upon his shoulders. From the very moment of a Prime Minister's appointment his responsibilities commence. Entrusted by the sovereign with the delicate duty of forming a Ministry, he is at once faced with a task of exceptional difficulty. Whom shall he choose? This problem awaits his instant solution. Luckily, as Bagehot says, the position of most men in Parliament forbids their being invited to the Cabinet, while that of a few men ensures their being invited.[141]Between the compulsory list, whom he must take, and the impossible list, whom he cannot take, a Prime Minister's independent choice is not very large; it extends rather to the division of the Cabinet offices than to the choice of Cabinet Ministers.
This distribution of places is, however, an invidious duty; there are so many reasons governing a Premier's choice of his colleagues. Valuable services to the party have to be rewarded; the claims of men who have held Cabinet rank informer Governments cannot be disregarded; the wishes of the Sovereign must be considered.[142]To satisfy all who expect office is impossible; to satisfy the few who deserve it is a laborious and not altogether grateful business. The statesman whom it is proposed to appoint as Minister for War may yearn for the Lord Chancellorship; the prospective President of the Board of Trade desires to become Irish Secretary. It is for the Prime Minister, by coaxing or entreaties, to content them both. But there are less pleasant duties than this to perform. Certain ex-Cabinet Ministers who have not proved a success in their various departments must be shelved with as little damage to their feelings as possible; salves in the form of peerages must be administered to other aggrieved politicians who have been left out. At times ex-Ministers who are no longer members of the Cabinet have shown signs of disinclination to retire. In 1801, for instance, when Addington became Prime Minister, Lord Loughborough, who had been Chancellor in Pitt's administration, resigned the Great Seal, but continued to attend Cabinet meetings, and Addington was eventually compelled to write and ask him to deprive the Cabinet of the pleasure of his distinguished presence.[143]
The manner of appointing a Minister, as also the manner of acquainting a colleague that his services are no longer required, varies with different Premiers. One may be as curt in his methods of appointment as another is in his mode of dismissal. Walpole and North provide excellent examples of this. On the death of Lord Chancellor Talbot in 1736-7, Walpole offered the Great Seal to Lord Hardwicke who was then Lord Chief Justice. The latter hesitated about accepting the office, until one day the Prime Minister impatiently informed him that unless he made up his mind without anyfurther delay, the Seal would be given to Fazakerley, another famous lawyer. Hardwicke remonstrated that Fazakerley was quite unfit for the post of Lord Chancellor, being both a Tory and a Jacobite. "Never mind," replied Walpole, pulling out his watch. "It is now exactly noon. If you do not let me know that you have closed with my offer before eight o'clock this evening, I can only tell you that, by twelve, Fazakerley will be as good a Whig as any man in His Majesty's dominions!" Hardwicke hesitated no longer.[144]
Lord North's method of dismissing Fox from his Cabinet in 1774 was no less peremptory. "Sir," wrote the Prime Minister, "His Majesty has thought proper to order a new commission of the Treasury to be made out, in which I do not perceive your name."[145]
It is seldom that a Prime Minister can give complete satisfaction in the formation of a Ministry, though the task is perhaps lightened by the fact that the possession of rare ability is not an absolute necessity for a Cabinet Minister.
In 1851 the Prince Consort sent Lord Derby the examination papers which Prince Alfred had been set when he passed as a naval cadet "As I looked over them," wrote the Prime Minister in his reply, "I couldn't but feel very grateful that no such examination was necessary to qualify Her Majesty's Ministers for their offices, as it would very seriously increase the difficulty of framing an administration!"
A curious list, as Macaulay suggested, could be made out of successful Lord Chancellors ignorant of the principles of equity, and of First Lords of the Admiralty ignorant of the principles of navigation. Sheridan even went so far as to say that a competent knowledge of the Rule of Three was a sufficient qualification for the Chancellorship of the Exchequer. Fox never understood what was meant by Consols. He only knew them to be things which rose and fell, and he was delighted when they fell, because, as he said, it annoyed Pittso much. Lowe, who took a gloomy view of his office,[146]always admitted that he was "a bad hand at figures," and his financial statements as Chancellor were both obscure and unintelligible. Lord Randolph Churchill, too, when he was at the Treasury, is always supposed to have remarked to a clerk who brought him a list of decimal figures, that he "never could understand what those d——d dots meant!"
Government departments are to a great extent run by the permanent officials. As Sir George Lewis, himself successively Chancellor of the Exchequer, Home Secretary, and Minister for War, justly observed, it is not the business of a Cabinet Minister to work his department. His business is to see that it is properly worked. If he does too much, he is probably doing harm. The permanent staff of the office can do what he chooses to do much better than he, or, if they cannot, they ought to be removed. Strength of purpose, quickness of decision, and a good supply of sterling common-sense are worth more to a Minister than mere technical knowledge.[147]
Besides the appointment of his colleagues, the Prime Minister also has in his patronage a number of posts in the Royal Household, which become vacant when an Administration changes. These are not so difficult to fill, and are usually distributed among members of the House of Lords, who are thus bound to their party by ties even stronger than those of sentiment.[148]
The actual Ministry consists of over forty persons, of whom perhaps a quarter form the Cabinet.[149]The annualcost to the country in ministerial salaries is well under £200,000, and cannot therefore be considered excessive, considering the delicacy of the administrative machine, the efficiency with which it is run, and the amount of work that has to be accomplished.
The labours of Cabinet Ministers have increased enormously in modern times. This is perhaps one of the reasons why they no longer deem it necessary to attend debates as regularly as their predecessors. In Disraeli's time all the members of the Cabinet sat on the Treasury Bench throughout a debate, and listened attentively to every speech. It was considered obligatory upon the Leader of the House to be present perpetually in his place in Parliament. Neither Gladstone nor Disraeli would have thought of leaving the Chamber, except for a hurried dinner, until the House rose. The sittings have become so lengthy of late that it would be impossible for any Minister thus to give up his whole time to debate. Ministers are consequently provided with private rooms within the precincts of the House, whither they betake themselves as soon as question time is over, leaving one or two of their number to act as sentinels.
The cup of a young politician's happiness is filled to the brim on that glad day when he is offered a post in the Ministry. It does not actually overflow until he has beengiven a seat in the Cabinet itself. Should such success attend him, the summit of his ambition is within sight. In imagination he sees the mantle of Walpole descending upon his shoulders. Before his eyes stretches a vista of political splendour which only reaches a glorious conclusion when the vaults of Westminster Abbey open to receive his ashes. There is but one fly in the ointment. A member of the House of Commons who is appointed to ministerial office has perforce to submit himself once more to the judgment of the electors, and beg his constituents to return him again to Parliament. This rule is some two centuries old, and was designed to prevent the corruption of unworthy members who might otherwise be bought by the offer of lucrative Crown appointments.[150]It is no longer of any practical value for this purpose, and so tiresome a practice, entailing as it does much hardship and expense upon a newly created Minister, could well be abolished. Old customs die hard, however, and nowhere do they take so "unconscionably long a time a-dying" as in Parliament.
The ratification by the sovereign of the Prime Minister's choice in the matter of colleagues is a brief but not unimposing ceremony. To each of the three Secretariats of State there belongs a seal which is the outward and visible sign of the authority attaching to the post. When a Government goes out of office and a fresh Ministry is appointed, the seals are delivered up in person to the sovereign by the outgoing Ministers. His Majesty then hands them to the members of the new Administration, who receive their badges of office in a suitably humble attitude, on their knees, and kiss the royal hand that confers these favours.
A CABINET MEETINGA CABINET MEETING(THE COALITION MINISTRY OF 1854)FROM THE DRAWING BY SIR JOHN GILBERT
The seals of office have been the unconscious cause of more indifferent puns than any other parliamentary institution. Statesmen who have never previously been guilty of a sense of humour, and have otherwise led blameless lives,seem unable to refrain from making little jokes on the subject of seal fisheries—jokes which their biographers affectionately enshrine as epigrams in their published Lives.[151]We have fortunately outgrown such humour as this, and puns are nowadays only to be found elsewhere among theobiter dictaof our judges and magistrates upon their respective benches.
The Ministry is now formed. The Prime Minister moves into Downing Street; his colleagues hasten to make themselves acquainted with the work of their various departments. The parliamentary concert is about to commence, and it is for the Premier as leader of the Government orchestra to keep his band together as best he may. This is no easy task. A single false note may mar the harmony of the whole performance; the failure of one solitary instrumentalist may cause the dismissal of the entire band. It is the conductor's duty to see that his orchestra plays in unison, or, if not in unison, at least in harmony. He must keep a watchful eye upon each individual, and quash the efforts of any one member to perform a solo upon his own peculiar trumpet. All round the platform sit the members of a former band, stern critics anxious to seize the instruments from the hands of their rivalsand show the public how the tune should be played. Their chance will soon arrive. For when the concert has gone on sufficiently long, the popular audience grows weary of the performance and demands something fresh. Another conductor is chosen, and another orchestra engaged to play. The old band is dismissed, and its members are free to return to their former avocations, wiser no doubt, but perhaps poorer men.[152]But though from Parliament to Parliament the performers may vary and the leaders change, the music remains very much the same; and, while the country enjoys the privilege of paying the piper, it is generally the piper who calls the tune.
From the days of Sir Thomas More to the present time the Woolsack has continuously enriched the annals of English history with famous and distinguished names. The well-known biographies of Lord Campbell, whose habit of writing the lives of the deceased as soon as the breath was out of their bodies added, as Brougham declared, a new terror to death, supply abundant evidence of the statesmanlike qualities that attach to the holders of the office. The most eminent men of their day have held the Chancellorship, proving the truth of Burke's well-known assertion that of all human studies the law is the most efficacious in forming great men, and that to be well versed in the laws of England is to be imbued in the sublimest principles of human wisdom.
The office of Chancellor is of very ancient origin.[153]It existed in England in the days of the Anglo-Saxon kings, when the official who acted as judicial secretary or clerk to the sovereign is supposed to have derived his title from thecancellior screens behind which he carried on his clerical duties.
After their conversion to Christianity, the kings employedthe services of a priest as chaplain or confessor, and in the person of the Chancellor the posts of "Keeper of the King's Conscience" and secretary were thus naturally combined. In King Ethelred's time the Chancellorship was divided between the Abbots of Ely, Canterbury and Glastonbury, who exercised it in turn, each for four months.
The appointment continued for several centuries to be held by a cleric. In the early days of Parliament, indeed, the Chancellor received his writ of summons as a Bishop and not as Chancellor, and, though he attended in the latter capacity in any case, no summons was sent to him if he did not happen to be a bishop. Ecclesiastics were appointed to the Chancellorship, without exception, until the time of Sir Robert Bourchier in 1340, and it was not for a long time after this that spiritual statesmen wholly gave place to lawyers. Thomas à Beckett, William of Wykeham and Cardinal Wolsey, figure prominently among the clerical Chancellors of early times, and it was not until the beginning of the seventeenth century that laymen succeeded in establishing themselves firmly upon the Woolsack. Since that time no cleric, with the single exception of Bishop Williams, in 1621, has been entrusted with the Chancellorship or the custody of the Great Seal.
One of the chief duties of the Chancellor in early times consisted in affixing the royal Seal with which from time immemorial the will of the sovereign has been expressed. At the present day Royal grants and warrants, Letters-Patent of Peerage or for inventions, Commissions of the Peace, etc., are issued under what Coke calls theClavis Regni. When the sovereign is absent it acts as his representative, and Parliament itself is opened by a Commission under the Great Seal. This emblem of sovereignty may therefore be considered one of the most important instruments of the Constitution, and, as its loss would entail endless inconvenience, it is given into the custody of the Lord Keeper or Lord Chancellor.[154]As secretary to the King the Chancellorwould seem to have been its natural custodian, but when he fell sick or died, or went abroad, it was occasionally placed in other hands. Later on it became the custom to make the Keepership of the Great Seal a regular appointment, separate and distinct from the Lord Chancellorship.
The post of Lord Keeper has been held by statesmen, courtiers, and divines, and the duties of the office have even been undertaken on two occasions by women. Queen Eleanor, the first Lady Keeper, was also the most unpopular. While her husband was abroad in 1253, and the Great Seal was in her custody, she made use of her delegated power to lay a heavy tax on all vessels bearing cargo to London, and showered gifts of English land and places upon her foreign relatives. She thus succeeded in arousing the hatred of the London mob, who expressed their dislike in a material fashion by pelting her with mud. To avoid the fury of the populace Queen Eleanor fled abroad, and only returned to England to take refuge in a convent.[155]The other Lady Keeper, Queen Isabella, who held the Great Seal in 1321, had no actual commission, and was not entrusted with any judicial power. But she kept the Seal in a casket, and delivered it each day as it was required to the Master of the Rolls, and may therefore claim to be included in the list of Keepers.
The post of Lord Keeper and Lord Chancellor first became identical in Queen Elizabeth's time, when the Great Seal wasentrusted to Sir Nicholas Bacon, who, with his son Sir Francis and the great Lord Burghley, may be considered the most eminent of Elizabethan Chancellors. Sir Nicholas has been called an "archpiece of wit and wisdom",[156]and was also well suited physically to combine the two important offices. By nature a man of gigantic size, he grew more bulky with advancing years, and though his dignity was thus increased, the progress of Chancery business suffered in proportion. When he took his seat on the bench, after walking from the Court of Chancery to the Star Chamber, Sir Nicholas always spent some considerable time in recovering his breath. The proceedings were accordingly delayed until he had struck the ground three times with his stick as a signal that he was in a condition to resume work. As was fitting in a man of his position, Lord Keeper Bacon inspired intense awe amongst his subordinates. Indeed, the reverence with which he was universally regarded eventually proved the indirect cause of his death. One day, while he was having his hair cut, he fell into a profound slumber, from which no one had the courage to rouse him. "I durst not disturb you," said the barber, when Sir Nicholas at last awoke, chilled to the bone. "By your civility I lose my life," was the Lord Keeper's reply; and in a few days his prophecy was fulfilled. Though, with Sir Nicholas Bacon, the two posts of Keeper and Chancellor became united, it was not until the time of George III. that the modern system originated of conferring the Great Seal and the title of Lord Chancellor simultaneously.
In mediæval days the Chancellorship and the Lord Keepership were often held in conjunction with other offices. Stratford was Archbishop of Canterbury as well as Lord Chancellor in 1334, and, though his ecclesiastical duties were too onerous to permit of his discharging the functions of the Lord Keepership, they did not prevent him from retaining to himself the fees of that office. In 1532, Thomas Audley, the Speaker of the House of Commons, was appointed Lord Keeper in succession to Sir Thomas More, and held bothappointments simultaneously until he was made Lord Chancellor. And as recently as the reign of Charles II., a Prime Minister, the Earl of Clarendon, combined the posts of Premier and Chancellor.
The office of Lord Chancellor developed into one of primary importance in the time of Edward I., when, from being but a member of theAula Regis, he became the president of a separate court, a Court of Equity. Law and Equity have, to a certain extent, been antagonistic ever since the days when kings were advised by clerics and opposed by lawyers. In the eyes of the latter Equity was often, as Selden says, "a roguish thing," untrustworthy, and largely dependent upon the conscience of individual Chancellors, "and as that is larger or narrower, so is Equity." But however exaggerated the claim of Equity to be the "law of God," "the law of nature," or "law of reason,"[157]it has at least vindicated its position in the statutory enactment that, where there is a conflict, its rules are to prevail over those of the Common Law.[158]
The conscience of some, at least, of England's early Lord Chancellors possessed peculiarly plastic qualities. They themselves were not infrequently ignorant of the principles of law. Occasionally, too, their conduct and character were such that it is hard to imagine them as the fount of Equity or justice. Lord Wriothesley, Chancellor in 1544, combined legal incompetence with the most intense religious bigotry.[159]Chancellor Sir Francis Bacon, philosopher, writer, and lawyer, whosename is one of the most famous in English history, was forced to plead guilty to a charge of "corruption and neglect," for which offence he was deprived of the Great Seal, fined a sum of £40,000, and imprisoned in the Tower. A hundred years later Lord Chancellor Macclesfield was impeached and fined for corrupt practices with regard to the sale of Masterships in Chancery; while the brutal Jeffreys, stained with the blood of hundreds of innocent and defenceless persons, was another Lord Chancellor whose presence added nothing to the prestige of the Woolsack.[160]
Many centuries elapsed before the standard of judicial morality in England attained its present high level, but even in the earliest days of the Chancellorship we find occupants of the Woolsack combining legal wisdom with particularly blameless lives. The great Sir Thomas More, statesman and author, was as famous for the extreme simplicity of his habits as for the ability with which he despatched Chancery business. The former virtue he almost carried to excess, and his practice of singing in the choir of the parish church at Chelsea, dressed in a surplice, surprised and even shocked his contemporaries. "God's body!" once exclaimed the Duke of Norfolk, seeing More thus attired and singing lustily; "My Lord Chancellor a parish clerk! You dishonour the King and his office." "Nay," replied More, "Your Grace may not think that the King, your master and mine, will be offended with me for servinghisMaster, or thereby account his office dishonoured," and he resumed his interrupted hymn.
Jeffreys' predecessor, Lord Guilford, who, as Campbell tells us, "had as much law as he could contain," was another Chancellor of blameless morals. In an age when the possession of a few redeeming vices was considered the mark of a gentleman, the purity of his conduct caused him some natural unpopularity. Indeed, his friends strongly advised him totake a mistress, if he did not wish to lose all interest at Court, saying that people naturally looked suspiciously at a man who declined to follow the general practice and seemed to be continually reprehending them by his superior moral tone. Lord Guilford's enemies even sought to revenge themselves upon him by spreading reports calculated to make him look ridiculous, and once, when the Lord Keeper had gone to the city to see a rhinoceros which was on view there, circulated a story to the effect that he had insisted upon riding this animal down the street. Poor Lord Guilford was much annoyed; he was blessed with a most exiguous sense of humour, and could see nothing amusing in so preposterous a suggestion. "That his friends, intelligent persons, who must know him to be far from guilty of any childish levity, should believe it, was whatroiledhim extremely,"[161]he declared.
The duties of the Lord Chancellor are manifold and of supreme importance. Lord Lyndhurst, who himself held the Seal three times, and is famous not only as an orator but also as the originator of the policy of what is known as the Two Power Standard,[162]once said that the Chancellor's work might be divided into three classes: "first, the business that is worth the labour done; second, that which does itself; and third, that which is not done at all."[163]
In his Court of Chancery the Lord Chancellor formerly exercised a vast jurisdiction. At one time all writs were issued from this Court, and he was not only considered the guardian of all "children, idiots, and lunatics," but, as Blackstone says, "had the general superintendance of all charitable uses in the Kingdom," and was the visitor of all hospitals of royal foundation.[164]His former duties in these respects haveto some extent been delegated to other judges and officers, acting in his name; the issuing of writs, though also in his name, has been transferred to the Central Office, and the jurisdiction of the Court of Chancery removed to the Chancery Division of the High Court of Justice.
His judicial position, however, is probably greater than ever. He is head of the Law and of the Judges—a vast though still, perhaps, inadequate number—President of the High Court of Justice and of the Court of Appeal, and, above all, of the highest and final Court of the realm, the House of Lords. Here he sits continuously, with occasional excursions to preside over the Judicial Committee of the Privy Council to which come all appeals from India and the Colonies. As the only legal member of the Cabinet, he is virtually chief law officer of the Crown, and questions of domestic or international law are submitted for his advice by his colleagues, the heads of the other Departments of the Government. In his capacity of Keeper of the Great Seal he may never leave the Kingdom, and isex officioSpeaker of the House of Lords, and must attend all its sittings. The Chancellor does not, however, enjoy rights similar to those of the Commons' Speaker; he is not addressed in debate; he does not call upon peers to speak, and has no authority to settle questions of order.
As the Woolsack is not considered to be within the limits of the House of Lords, the fact of a Chancellor being a Commoner does not prevent him from sitting there and discharging the duties of Speaker; but he may not take any other part in the proceedings unless he be himself a peer. Only in recent times has the Chancellor been necessarily made a peer, and there exists no statutory restriction incapacitating any man, unless he be a Roman Catholic, from holding the office of Lord Chancellor.[165]
The limitation of his powers as Speaker of the Lordsowes its origin to the fact that, unlike the Chairman of the Commons, the Chancellor is always a partisan appointed by a particular Government, and retires when that Government goes out of office. As such, he takes an active part in debate, and, though much respect would be paid to his advice on points of order, it need never be followed, and he has no power to decide questions of procedure or to control the conduct of his fellow peers.
The first Chancellor of an actively partisan character was Lord Thurlow—
"The rugged Thurlow who with sullen scowl,In surly mood, at friend or foe will growl"—
whose well-known asperity had earned for him the title of "the Tiger." It was said of him that in the Cabinet he "opposed everything, proposed nothing, and was ready to support anything." He was supposed to have derived his descent from Thurloe, Cromwell's secretary. "There are two Thurlows in my county," he remarked, when questioned upon the subject, "Thurloe the secretary and Thurlow the carrier. I am descended from the carrier."[166]His bad manners on the bench were proverbial, but not apparently incorrigible. Once at the commencement of the Long Vacation, when he was quitting the court without taking the usual leave of the Bar, a young barrister whispered to a companion, "He might at least have said 'D—— you!'" Thurlow overheard the remark, returned to his place, and politely made his bow.[167]Eldon said of Thurlow that he was a sturdy oak at Westminster, but a willow at St James's, where he longfigured as the intimate and grateful confidant of George III.[168]
"Oft may the statesman in St Stephen's wave,Sink in St. James's to an abject slave,"
but Thurlow's attitude towards his royal master does not appear to have been marked by extreme servility. Once, indeed, when the Chancellor had taken some Acts to receive the royal assent, he read one or two of them through to the King and then stopped. "It's all d——d nonsense trying to make you understand this," said Thurlow, with brutal frankness, "so you had better consent to them at once!" And if he adopted this tone to his King, it may be certain that his attitude towards his equals or inferiors was no less overbearing.
Thurlow's character has been cruelly portrayed in theRolliadunder the heading:
"How to Make a Chancellor."
"Take a man of great abilities, with a heart as black as his countenance. Let him possess a rough inflexibility, without the least tincture of generosity or affection, and be as manly as oaths and ill-manners can make him. He should be a man who should act politically with all parties—hating and deriding every one of the individuals who compose them."[169]
If the Speaker of the Lords had been expected to conduct himself in a fashion similar to that of the Speaker of the Commons, Thurlow's behaviour on the Woolsack would certainly have given rise to adverse criticism. He was a frank and bitter partisan, and when some opponent had spoken, would step forward on to the floor of the House and, as he himself described it, give his adversary "such a thump in the bread-basket" that he did not easily recover from thisverbal onslaught.[170]Thurlow's pet aversion was Lord Loughborough, his successor on the Woolsack. When Loughborough spoke effectively upon some subject opposed by Thurlow, who had not however taken the trouble to study it, the latter could be heard muttering fiercely to himself. "If I was not as lazy as a toad at the bottom of a well," he would say, "I could kick that fellow Loughborough heels over head, any day of the week." And he was probably right, for Lord Loughborough was a notoriously bad lawyer,[171]whereas his rival's sagacity almost refuted Fox's celebrated saying that "Nobody could be as wise as Thurlowlooked."
The amount of work accomplished by a Lord Chancellor depends very largely upon the man himself, as we may see by comparing the two most distinguished Chancellors of their day—Lord Eldon and Lord Brougham.
Eldon had worked his way laboriously from the very foot to the topmost rung of the legal ladder. It was his own early experiences that inspired him to say that nothing did a young lawyer so much good as to be half-starved. And in action as well as in word he always maintained that the only road to success at the Bar was "to live like a hermit, and work like a horse."
He was in many ways an original character. He always wore his Chancellor's wig in society, and was otherwise unconventional. One day, after reading much of "Paradise Lost," he was asked what he thought of Milton's "Satan." "A d——d fine fellow," he replied; "I hope he may win." In spite of this view, however, he was an extremely religious man, though he did not attend divine service regularly. Indeed, when some one referred to him as a "pillar of the church," he demurred, saying that he mightjustly be called abuttressbut not a pillar of the church, since he was never to be found inside it. He is probably the most typical Tory of the old school that can be found in political history. His conservatism was of an almost incredibly standstill and reactionary character. As Walter Bagehot said of him in a famous passage, he believed in everything which it is impossible to believe in—"in the danger of Parliamentary Reform, the danger of Catholic Emancipation, the danger of altering the Court of Chancery, the danger of altering the Courts of Law, the danger of abolishing capital punishment for trivial thefts, the danger of making landowners pay their debts, the danger of making anything more, the danger of making anything less."[172]
Though on political questions Eldon could make up his mind quickly enough, on the bench the extreme deliberation with which he gave judicial decisions was the subject of endless complaints. He agreed with Lord Bacon that "whosoever is not wiser upon advice than upon the sudden, the same man is not wiser at fifty than he was at thirty."[173]His perpetual hesitation in Court, the outcome of an intense desire to be scrupulously just, gave rise to attacks both in Parliament and the press.[174]
LORD ELDONLORD ELDONFROM THE PAINTING BY SIR THOMAS LAWRENCE, P.R.A., IN THE NATIONAL PORTRAIT GALLERY
A Commission was eventually appointed, ostensibly to inquire into the means by which time and expense might be saved to suitors in Chancery—where, as Sydney Smith said, Lord Eldon "sat heavy on mankind"—but really to expose the dilatory methods of the Chancellor. Eldon came well out of the inquiry, however, and it was proved that in the twenty-four years during which he had held the Great Seal, but few of his decisions had been appealed against, and still fewer reversed.
If some fault could be found with Lord Eldon for being a slow if steady worker, no such complaint could be levelled at the head of Lord Brougham. The latter, indeed, erred on the side of extreme haste, and was as restless on the bench as Eldon was composed, and as ignorant and careless of his duties as his predecessor was learned and scrupulous. Brougham's cleverness, was, however, amazing. If he had known a little law, as Lord St. Leonards dryly observed, he would have known a little of everything. He has been called "the most misinformed man in Europe," and in early life, when he was one of the original founders of theEdinburgh Review, is said to have written a whole number himself, including articles upon lithotomy and Chinese music. His ability and brilliance were unsurpassed, and his oratory was superb. His famous speech (as her Attorney-General) in defence of Queen Caroline was one of the finest forensic efforts ever heard in the House of Lords.[175]His many talents have been epitomised in a famous saying of Rogers: "This morning Solon, Lycurgus, Demosthenes, Archimedes, Sir Isaac Newton, Lord Chesterfield, and a great many more, went away in one post-chaise." Yet he was eminently unsuccessful as Chancellor, and his domineering fashion of treating his colleagues made him extremely unpopular. Brougham's loquacity was intolerable, and his conceit immense. "TheWhigs are all cyphers," he once declared, "and I am the only unit in the Cabinet that gives a value to them." It must, however, be admitted that he was a great statesman if not a great Chancellor, and that to his unique intellectual talents we owe in great measure the emancipation of the negro slave and the passing of the Reform Bill.
In his lifetime, Brougham was almost universally disliked and feared. "A 'B' outside and a wasp within," said some wag, pointing to the simple initial on the panel of that carriage which Brougham invented, and which still bears his name.[176]And this was the popular view of that Chancellor whom Sheil called "a bully and a buffoon." Even his friends distrusted him, and in 1835, when Lord Melbourne returned to power, the Great Seal, which Brougham had held but a year before, was not returned to him, but was put into Commission. No reasons were assigned for this step, but they were sufficiently obvious. "My Lords," said Melbourne in the Upper House, when Brougham subsequently attacked him with intense bitterness, "you have heard the eloquent speech of the noble and learned Lord—one of the most eloquent he ever delivered in this House—and I leave your Lordships to consider whatmust bethe nature and strength of the objections which prevent my Government from availing themselves of the services of such a man!"[177]Perhaps one of the strongest objections was the intense dislike with which the ex-Chancellor was regarded by the King. This was not lessened by the cavalier fashion in which Brougham treated his sovereign. When he was forced to return the Great Seal into the Royal hands in 1834, he did not deliver it in person, as was proper, but sent it in a bag by a messenger, "as a fishmonger," says Lord Campbell, "might have sent a salmon for the King's dinner!"
A Privy Councillor, by virtue of his office, and "Prolocutor of the House of Lords by prescription,"[178]the Lord High Chancellor of Great Britain occupies to-day the "oldest and most dignified of the lay offices of the Crown." By ancient statute, to kill him is a treasonable offence, and his post as Lord Keeper is not determined by the demise of the Crown. He enjoys precedence after the Royal Family and the Archbishop of Canterbury, holds one of the most prominent places in the Cabinet, and is the highest paid servant of the Crown.
In Henry I.'s time the Lord Keeper of the Great Seal was paid 5s.a day, and received a "livery" of provisions, a pint and a half of claret, one "gross wax-light" and forty candle-ends. The Chancellor's perquisites used always to include a liberal supply of wine from the King's vineyards in Gascony. At the beginning of the nineteenth century, he received a salary of £19,000; but Lord Eldon, in 1813, gave up £5000 of this to the Vice-Chancellor, and for a long time the Woolsack was worth £14,000 a year. A modern Chancellor's salary is £10,000—£5000 as Lord Chancellor, and £5000 as Speaker of the House of Lords—and he is further entitled to a pension of half that amount on retirement.
The extensive patronage that attaches to the office adds much to its importance. The Chancellor recommends the appointment of all judges of the High Court and Court of Appeal, and is empowered to appoint or remove County Court judges and Justices of the Peace. He also has the gift of all Crown livings of £20 or under, according to the valuation made in Henry VIII.'s reign, and of many other places.[179]One of his perquisites is the Great Seal, which, when "broken up," becomes the property of the reigning Chancellor. The breaking up of the Great Seal is a simple ceremony which inflicts no actual damage upon the article itself. Whenever a new Great Seal is adopted, at the beginning of a new reign, on a change of the royal arms, or when the old Seal is worn out, the sovereign gives the latter a playful tap with a hammer, and it is then considered to be useless, and becomes the property of the Lord Chancellor. On the accession of William IV. a dispute arose between Lord Lyndhurst and Lord Brougham as to who should possess the old Seal. The former had been Chancellor when the order was made for the engraving of the new Seal; the latter had occupied the Woolsack when the new Seal was finished and ordered to be put into use. The King, to whom the question was referred, decided, with truly Solomonian sagacity, that the Seal should be divided between the two Chancellors.[180]
The people of England, as Disraeli said some seventy years ago, have been accustomed to recognize in the Lord Chancellor a man of singular acuteness, of profound learning, and vast experience, who has won his way to a great position by the exercise of great qualities, by patient study, and unwearied industry. They expect to find in him a man who has obtained the confidence of his profession before he challenges the confidence of his country, who has secured eminence in the House of Commons before he has aspired to superiority in the House of Lords; a man who has expanded from a great lawyer into a great statesman, and who "brings to the Woolsack the commanding reputation which has been gained in the long and laborious years of an admired career."[181]Seldom, indeed, are the people of England disappointed.
The position of "First Commoner of the Realm" is, after that of Prime Minister, the most distinguished as well as the most difficult to which it is possible for any man to attain while still a member of Parliament. A comparison of the two offices proves, in one respect at any rate, favourable to the former; for whereas it has been said that the Premier "can do nothing right," the Speaker can do no wrong. He may indeed be considered to enjoy in the House the prerogative which the sovereign is supposed to possess in the country. But it is not upon his presumable infallibility that the occupant of the Chair relies to-day for the unquestioned honour and dignity of his position. It is rather to the reputation for absolute integrity with which, for close upon a hundred years, each Speaker in turn has been justly credited, that he owes the tribute of esteem and respect, almost amounting to awe, which is nowadays rightly regarded as his due. The reverence he now inspires is the product of many Parliaments; his present state is the gradual growth of ages.
From very early days, when the two Houses began to sit apart, the Commons must probably have always possessed an official who, in some measure, corresponded to the modern idea of a Speaker. And though Sir Thomas Hungerford, elected to the Chair in 1377, was the first upon whom that actual designation was bestowed, the Lower House undoubtedly employed the services of a spokesman—or"pourparlour," as he was then called—at an even earlier date.[182]
The name "Speaker" is perhaps a misleading one, since speaking must be numbered among the least important of the many duties that centre round the Chair, though in bygone days it was customary for a Speaker to "sum up" at the close of the proceedings. Grattan's landlady used to complain feelingly that it was a sad thing to see her misguided young lodger rehearsing his speeches in his bedroom, and talking half the night to some one whom he called "Mr. Speaker," when there was no speaker present but himself.[183]It is, however, as the mouthpiece of the Commons, as one who speaks for, and not to, his fellow-members, and was long the only channel through which the Commons could express their views to the Crown, that the Speaker earns his title.
The Speaker may well be called the autocrat of the House; his word there is law, his judgment is unquestioned, his very presence is evocative of a peculiar deference. He is at the same time the servant of the House, and, in the memorable words which Speaker Lenthall addressed to Charles I., has "neither eyes to see nor tongue to speak but as the House is pleased to direct." It is upon the good pleasure of the Commons that his power is based; by their authority alone he rules supreme.
The prestige which nowadays attaches to the office has been slowly evolved on parallel lines with the gradual public recognition of the necessary impartiality of the Chair. In proportion as the Speaker became fair minded, the strength of his position was enhanced, until to-day the occupant of the Chair is as powerful as he is impartial.
That there was a time when he could not justly be accusedof being either the one or the other is a matter of history. Speakers in the past displayed little of the dignity and none of the fairness to which their successors have now for so many generations accustomed us. They were frequently subjected to intentional disrespect on the part of the unruly members of that assembly over which it was their duty to preside. In the early Journals of the House, for instance, we find a Speaker complaining that a member had "put out his tongue, and popped his mouth with his finger, in scorn," at him.[184]And the worthy Lenthall himself was much upset on one occasion when a member came softly up behind him, as he was engaged in putting a question to the vote, and shouted "Baugh!" in his ear, "to his great terror and affrightment."[185]Even as recently as in the reign of George III. the parliamentary debates were marked by perpetual altercations of an undignified and acrimonious description between the members and the Chair.
That such things would be impossible nowadays is the result not so much of an improvement in the manners of the House—though that may have something to do with it—as in the complete change which has taken place in the character of its Chairman.
Up to the end of the seventeenth century the Chair was to all intents and purposes in the gift of the Crown: its occupant was a mere creature of the reigning sovereign. "It is true," wrote Sir Edward Coke, in 1648, "that the Commons are to chuse their Speaker, but seeing that after their choice the king may refuse him, for avoiding of expense of time and contestation, the use is that the king doth name a discreet and learned man whom the Commons elect."[186]The Speaker was, indeed, nothing more nor less than the parliamentary representative of the King, from whom he received salaried office and other material marks of the royal favour.
In Stuart days the Commons had grown so jealous of the influence of the Crown, and found the Speaker's spying presence so distasteful, that they often referred important measures to Giant Committees of which they could themselves elect less partial chairmen. That they were justified in their fears is beyond doubt. In 1629, for example, Speaker Finch, who was a paid servant of King Charles, declined to put to the House a certain question of which he had reason to believe that His Majesty disapproved. Again and again he was urged to do his duty, but tremblingly refused, saying that he dared not disobey the King. On being still further pressed, the timorous Finch burst into tears, and would have left the Chair had not some of the younger and more hotheaded members seized and held him forcibly in his seat, declaring that he should remain there until it pleased the House to rise.[187]
Even in the days of the Commonwealth, the choice of a Chairman was not left entirely to the independent will of the Commons, and Lenthall, himself the first Speaker to treat the Crown with open defiance, owed his election to the urgent recommendation of Cromwell.
The Chair did not altogether succeed in clearing itself of Court influence until the close of the seventeenth century, when the memorable and decisive conflict between the Crown and the Commons took place over the Speakership. The refusal of Charles II., in 1678-9, to approve of Sir Edward Seymour, the Commons' choice, aroused the most intense resentment in the breast of every member of the House, and was the subject of many heated debates. Though the popularassembly had eventually to bow to the royal will, the election of the King's original candidate was not pressed, and the Commons may be said to have gained a moral victory. From that day to this no sovereign has interfered in the election of a Speaker, nor since then has the Chair ever been filled by a royal nominee.
As a result of this great constitutional struggle between King and Parliament, the Speaker gained complete independence of the royal will, but he had still to acquire that independence of Party to which he did not practically attain until after the Reform Act of 1832.
From being the creature of the Crown, the Speaker developed into the slave of the Ministry, thus merely exchanging one form of servitude for another. He was an active partisan, and, in some instances, openly amenable to corruption. Sir John Trevor, the first Speaker to whom was given (by a statute of William III.) the title of "first Commoner of the realm," an able but unscrupulous man who began life in humble circumstances as a lawyer's clerk, was actually found guilty of receiving bribes, and forced to pronounce his own sentence. "Resolved," he read from the Chair on March 12, 1695, "that Sir John Trevor, Speaker of this House, for receiving a gratuity of 1000 guineas from the City of London, after the passing of the Orphans Bill, is guilty of a high crime and misdemeanour." This resolution was carried unanimously, and on the following day, when Sir John should have been in his place to put to the vote the question of his own expulsion, he wisely feigned sickness, and was never more seen within the precincts of the House.[188]
Arthur Onslow, who was elected to the Chair in 1727, and filled it with distinction for three and thirty years, has been called "the greatest Speaker of the century," and was the first to realise the absolute necessity for impartiality. So determined was he to ensure himself against any possible suspicion of bias that he insisted upon sacrificing that portion of his official salary which was customarily paid by the Government.
Excellent though such an example must have been, it was many years after Onslow's retirement before his successors ceased to display a partisan spirit wholly incompatible with the dignity of their office. Speaker Grenville threatened to leave the Chair because the Ministry of the day refused to accelerate the promotion of a military relative of his; Addington frequently overlooked trifling breaches of the rules of procedure committed by his political chief and crony, Pitt; Abbot contrived that the scheme for the threatened impeachment of Lord Wellesley should prove abortive. It was the last-named Speaker, however, who unwittingly brought to a head the question of the impartiality of the Chair, and thereby settled it once and for all.
On July 22, 1813, at the prorogation of Parliament, Speaker Abbot took it upon himself to deliver at the bar of the House of Lords a lengthy party harangue on the subject of Catholic emancipation. This frank exposition of his private political views roused the indignation of the Commons, who took an early opportunity of expressing their disapproval of his conduct. Not even his friends could condone Abbot's action, and in April of the following year a resolution was moved in the Commons gravely censuring him for his behaviour on this occasion. For several hours he was forced to listen to criticisms and abuse from both sides of the House, and though, as a matter of policy, the resolution was not carried, the Commons in the course of this debate proved beyond doubt their determination to secure the impartiality of their Chairman.