THE CONSTITUTIONAL HISTORY OF ENGLAND VOL. I. PRINTED BT SPOTTISWOODE AND CO., NEW-STREET SQUARE LONDON THE CONSTITUTIONAL HISTORY OF ENGLAND BINGE THE ACCESSION OF GEOBGE THE THIRD I 760 -1 860 BY THE RIGHT IlOJff. Sm THOMAS EESKINE '^AY, K.C.B., D.C.L. (LORD FAllNBOllOUGII) WITH A NEW SUrPLEMENTART CnAPTER, 1861-71 (gifl^t^ (Bbitton IN THREE VOLUMES VOL. I. LONDON LONGMANS, GREEN, AND CO. 1887 All riijhli reaerred Digitized by the Internet Archive in 2015 https://archive.org/details/constitutionalhi01mayt THE PKEFACE TO THIRD EDITION. The Constitutional History of England, from 1760 to 1860, having been concluded as a complete work, some years since, I have not ventured to disturb the original narrative, by any attempt to continue it to the present time. But more than ten years have since passed, which will ever be memorable in the consti- tutional history of our country ; and in preparing a new edition of this work, I have added a supplemen- tary chapter, in which I have briefly reviewed the moi-e remarkable events of this latter period, in their relations to the history of the previous hundred years, and have endeavoured to measure their influence upon the government and political destinies of England. September 9th, 1871. ADVERTISEMENT TO THE SECOND EDITION. The text of the present edition has been revised, and numerous authorities have been added, chiefly from works published since the completion of the first volume. April 29, 1863. THE PEEFACE TO FIRST EDITION. It is the design of this history to trace the progress and development of the British Constitution, during a period of one hundred years ; and to illustrate every material change, — whether of legislation, cus- tom, or policy, — by which institutions have been improved, and abuses in the government corrected. The accession of George III. presents no natural boundary in constitutional history : but former reigns have already been embraced in the able sur- vey of Mr. Hallam ; and frequent allusions are here made to events of an earlier period, connected with inquiries of the present work. In considering tlie history of our mixed govern- ment, we are led to study each institution separately, to mark its changes, and observe its relations to other powers and influences in the State. With this view, I have found it necessary to deviate from a strictly chronological narrative, and to adopt a natural division of leading subjects. If this arrange- X Preface to the Fu st Edition. ment sliould appear occasionally to involve an in- complete view of particular events, and repeated references to the same period, under different as- pects, I trust it will be found, on the whole, the most convenient and instructive. The form of the work is not the less historical. Each inquiry is pursued throughout the entire century ; but is sepa- rated from contemporaiy incidents, which more properly fall under other divisions. The present volume embraces a history of the prerogatives, influence, and revenues of the Crown ; and of the constitution, powers, functions, and poli- tical relations of both Houses of Parliament. The second volume will comprise, — among other consti- tutional subjects, — a history of party : of the press, and political agitation : of the Church, and of civil and religious liberty. It will conclude with a general review of our legislation, — its policy and results, — during the same period. Continually touching upon controverted topics, I have endeavoured to avoid, as far as possible, the spirit and tone of controversy. Rut, impressed with an earnest conviction that the development of popu- lar liberties has been safe and beneficial, I do not affect to disguise the interest with which I have traced it, through all the events of history. Had I viewed it with distrust, and despondency, this work would not have been written. The policy of our laws, as determined by succes- Preface to the First Edition. xi sive Parliaments, is so far accepted by statesmen of all parties, and by most unprejudiced thinkers, of the present generation, that I am at liberty to dis- cuss it historically, without entering upon the field of party politics. Not dealing with the conduct and motives of public men, I have been under no re- straint in adverting to recent measures, in order to complete the annals of a centiu-y of legislation. Loxdon: January 12, 1861. CONTENTS OF THE FIEST VOLUME. CHAPTEE I. INFI.rENCE OF THE CROWN DURING THE REIGN OF GEOEGB III. PAGE Influence of the Crown since the Eevolution .... 1 The sources of this influence 2 Restrictions on the personal influence of the sovereign . . 6 Ministerial power and responsibility ..... ti. The accession of George III. His jealousy of ministers . 9 His determination to exalt the kingly oflSce . . . .11 His secret counsellors 12 His policy and its dangers 14 Measures taken to break up the ministry .... 18 Lord Bute as Premier carries out the king's policy . . 22 Their eflforts to coerce the Opposition . . . . .23 Lord Bute resigns . . .25 Mr. Grenville co-operates in the king's unconstitutional policy 27 The king's differences with the Grenville ministry ... 31 His reluctant admission of the Rockingham ministry, 1765 . 33 Exerts his influence in Parliament against them ... 36 The king advances his policy with the aid of Lord Chatham . 40 They unite in breaking up parties ...... il>. Development of the king's policy under Lord North, 1770 . 44 Tile king his own minister . , 49 Protests against the influence of the Crown, 1779-80 . . 61 Intimidation of peers in opposition to the Court ... 64 Lord North driven from office by the Commons, 1782 . . 67 xiv Contents of the First Volume. PAGE Eeswlt of twenty years of kingcraft ..... 59 Lord Koekingham's second ministry 60 Measures to restrain the king's influence .... 61 The 'coalition ministry,' 1783 63 The kings influence employed against them .... 66 Use of the king's name in Parliament denounced ... 69 The 'coalition ministry ' dismissed . . . . .71 Mr. Pitt becomes the king's minister ih. Is met by violent opposition in the Commons .... 72 Attempts to prevent a dissolution 73 Opposition continued 16 Postponement of the supplies 80 Triumph of Mr. Pitt, 1784 83 Keflectious on this struggle ih. General influence of the Crown augroented .... 89 The king prepared to exert his influence against Mr. Pitt . 90 The king's opposition to Catholic emancipation ... 93 Mr. Pitt resigns on that question ...... 96 Influence of the Crown during the Addington ministry . . 98 Mr. Pitt reinstated in office, 1804 100 The Grenville administration, 1806 103 The king's friends active against ministers . . . .106 Pledge required by the king of ministers on the Catholic question . 107 Their removal from ofiSce 108 The Portland administration ....... ib. The dismissal of ministers discussed in Parliament . .109 The king's appeal to the people on the Catholic question at the dissolution, 1807 116 The tliree years prior to the regency 117 CHAPTER II. INFLUENCE OF THE CROWN DURING THE REGENCT, THE REIGNS OP GEORGE IV., ■WILLIAM IV., AND HEIl ItAJKSTY QUEEN VICTORIA. Influence of the Court over the prince regent .... 120 His estrangement from the Whigs ib. Position of parties a proof of the paramount influence of the Crown 124 Negotiations on the death of Mr. PiTccval, 1812 . . . I'.',') Ascendency of Tory politics under Lord Liverpool . , , 129 Contents of the First Volume. XV Proceedings against Queen Caroline .... The bill of pains and penalties withdrawn Mr. Brougham's motion on the influence of the crown George IV.'s opposition to Catholic emancipation . Parliamentary reform favoured by William IV. His support of Earl Grey's ministry .... He prevails upon the Lords to pass the Reform Bill Sudden dismissal of the Melbourne ministry . Sir R. Peel called to office while abroad .... Is driven from office ....... Diminution of the influence of the Crown shown by these events ......... Lord Melbourne in office on Her Majesty's accession The ' bed-chamber question ' . Sir R. Peel's second administration, 1841 Relations of a secretarj' of state to the Crown Lord Palmerston's removal from offiee in 18.51 Wise use of the influence of the CrowTi in the present reign Increased influence of the Crown now under due control ; Continued influence of great families .... PAGE 129 132 134 136 138 140 143 146 149 152 CHAPTER III. PHKBOaATTVEa OF THE CROWN DTIRINO THE MINORITT OE INCAPACITY 01- THE SOVEEEIGN. Incapacity of a sovereign not recognised by law . . .167 George III.'s first regency scheme, 1765 .... 169 Doubts concerning the term ' royal family ' . . . .172 Attempted exclusion of the Princess of Wales from the regency ih. Provisions of the Regency Act, 1705 174 Meeting of Parliament during the king's second illness, 1783-9 17," The rights of a regent debated ...... 177 Regent to be appointed by bill founded on resolutions . . 180 The great seal t-o bo used under authority of Parliament . 181 A new speaker during the king's incapacity .... 183 The commission to oppn Parliiimeiit ..... 186 The Regency Bill stayed by the king's recovery . . . 189 Comments upon these proeecdinL's ..... 190 Ministerial embarrassments caused by the kings third illness, . 1801 106 xvi Contents of the First Volume. PAQE The kings fourth illness, 1804 199 Questions raised as to his capacity for business . . . 201 Meeting of Parliament during his last illness, 1810 . . 207 The precedents of 1788 followed 208 The issue of public money authorised by Parliament . . 214 Act authorising George IV. to sign by a stamp . . . 216 Eights of an infant king considered on tlie accession of William IV 219 The Eegency Act, 1830-31 -221 The rights of a king's posthumous child 222 The Eegency Acts of Queen Victoria 223 CHAPTER IV. EEVENTES OF THE CROWN : THE CIVIL LIST : PENSIONS : PREEO- GATIVES OF THE CROWN IN RELATION TO THE ROYAL FAMILY. Vast possessions of the Crown in early times .... 225 Alienation of Crown lands restrained ..... 229 Eevenuos of the Crown prior to the Revolution . . .231 The Civil List from William and Mary to George III. . . 232 Settlement of the Civil List on the accession of George III. . 234 Charges and debts upon the Civil List ..... 236 Schemes for economic reform 239 The Ci\-il List Act, 1782 242 Civil Lists since the regency ....... 244 Revenues of the Duchies of Lancaster and Cornwall . . 248 Private property of sovereigns 249 Provision for the royal family ih. Debts of tlie Prince of Wales 250 Mismanagement of the land revenues on behalf of the public . 253 Improved administration of the land revenues and appropria- tion of the proceeds 255 Pensions on the Civil List and other Crown Eevcnues . . 25G Restrictions on the grant of pensions ..... tA. Final regulation of tlie Pension List in 1837 . . . . 261 Powers of the sovereign over the royal family , . . 262 The Royal Marriage Act, 1772 264 The guardianship of Princess Charlotte . . . . , . 271 Contents of the First Volume. xvii CHAPTER V. . THE HOTJSE OF LOEDS, AND THE PEERAGE. PAGE Permanence of British institutions 273 Progressive increase of the peerage prior to reign of George III. 274 The Peerage Bill of 1719 275 Profuse creations in the reign of George III. .... 277 Representative peers of Ireland 280 Present state of the peerage 281 Representative character of the House of Lords . . . 286 Rights of Scottish peers 280 Gradual fusion of the j)eerages of the three kingdoms . . 29(» Hereditary descent the characteristic of the peerage . . ih. Life peerages 291 The Lords spiritual 299 Attempts to exclude them from the House of Lords . . 300 Increased number of the House of Lords, a source of strength 303 The peerage viewed in reference to party .... 305 Collision between the two Houses averted by the influence of the Crown 307 Position of the Lords in reference to the Reform Bills . . 308 Proposed creation of peers . . . . . . .312 A creation of peers equivalent to a dissolution . . . 314 The independence of the Lords unimpaired by the reform crisis . . . . . . , . . . .310 Their vantage ground . . . . . . . .319 Circumstances affecting their political weight . . . 320 The peerage in its social relations ...... 322 The baronetage and orders of knighthood .... 323 CHAPTER VI. THE HOUSE OF COMMONS. Anomalies of representation prior'to reform .... 327 Deflects in the electoral system ...... 328 Nomination borouglis ........ 330 Various and limited rights of election ...... 331 vol.. I. a xviii Contents of the First Volume. PAGE Bribery at elections , . '6'i'i Sale of borouglis ......... 336 Encouragement of bribery by the KiDg . . . . .341 Attempts to restrain corruption, 1768-1786 .... 3-12 Sale of seats restrained by act, 1809 3-16 Government influence in larger boroughs .... 347 Revenue officers disfranchised, 1782 348 Vexatious contests in populous cities ..... 360 The Westminster election, 1784 351 Territorial influence in counties ...... 353 Defective representation of Scotland ..... 355 And of Ireland 359 Nominee members, the majority of the House prior to reform . 361 Injustice in the trial of election petitions .... 362 The Grenville Act, 1770 365 Improved constitution of election committees .... 368 Bribery of members by places and pensions .... 369 Early measures to restrain it . . . . . . . ih. Places in the reign of George UI 372 Judicial officers disqualified 375 Pecuniai-y bribes to members 376 During the reign of George III. ...... 378 Members bribed by shares in loans and lotteries . . . 382 By lucrative contracts ... .... 387 Various sources of corniption condemned by Parliament . 389 State of society favourable to tliose practices .... 390 How popular priucipK s were kept alivo ..... ih. The first schemes of parliamentary reform .... 393 Lord Chatham's scheme of reform, 1770 .... ib. Mr. Pitt's motions for reform, 1782-1785 .... 396 Reform advocated by Mr. Grey, 1792 402 Discouraged by the French Revolution . ... 403 Reform motions at the beginning of this century . . . 406 Lord .T. Russell's efforts for reform, 1820-1830 . . . 408 Catholic emancipation a plea for reform . .... 412 Gross cases of bribery at elections, 1826-27 .... 413 Proposal to enfranchise Leeds, Birmingham, and Manchester, 1830 415 The Duke of Wellington's anti-reform declaration, 1830 418 The reform ministry . . . . . . . .420 The first Reform Bill rejected by the Commons . . . 423 Contents of the First Volume. xix PAGE The second rejected by the Lords ...... 424 The passing of the third Eeform Bill, 1832 . . . .427 The Reform Act considered ....... ii*'- Reform Acts of Scotland and Ireland 4.29 Political results of the Reform Act ..... 431 Bribery since the Reform Act ...... Vi. Disfranchisement and other Acts to restrain bribery . . 434 Policy of legislation concerning bribery ..... 439 Efforts to shorten the duration of Parliaments . . . 442 Motions in favour of vote by ballot 445 The Property Qualification Acts repealed, 1858 . . . 448 Proceedings at elections improved ...... 449 Later measures of reform, 1852-1860 450 Obstacles to parliamentary reform 458 CHAPTER I. 1*^ GBOWTH OF THE INFLUENCE OF THE CROWN: — ITS SOURCES: EB- STHICTIONS ON THE PEHSONAL INFLUENCE OF THE SOVEREIGN: — • MINISTERIAL RESPONSIBILITY: ACCESSION OF GF.ORGE III.: HIS RESOLUTION TO EXERCISE A LARGER SHARE OF PERSONAL INFLU- ENCE IN THE government: HIS POLICY, AyTD ITS EFFECTS: HIS RELATIONS WITH SUCCESSIVE MINISTERS DURING HIS REIGN. The growth of the influence of the crown, at a period in the history of this country when govern- Gm^h of ment by prerogative had recently been sub- ence'of °ho verted, and popular rights and liberties en- larged, attests the vital power of the monarchy. At the Revolution, the arbitrary rule of the Stuart kings finally gave way to parliamentary government, with ministerial responsibility. Such a change portended the subjection of future kings to the will of Parlia- ment ; but it proved no more than a security for the observance of the law. While the exercise of the royal authority was restrained within the proper limits of the constitution, the crown was shorn of none of its ancient prerogatives ; but remained, as it had ever been, the source of all power, civil and ecclesiastical, — 'the fountain of lionour/ — tlie first and paramount institution of the state. Its powers, indeed, were now exercised by ministers responsible to Parliament ; and the PJouse of Commons was no longer held in awe by royal prerogative. Yet so great were the attributes of royalty, and so numerous VOL. I. B 2 Injltience of the Crown. its sources of influence, that, for more tlian a century after the Kevolution, it prevailed over the more popular elements of the constitution. A Par- liament representing the people little more than in name, and free, in great measure, from the restraint of public opinion, — which had not yet the means of being intelligently formed, or adequately expressed, — promoted the views of rival parties, rather than the interests of the people. This popular institu- tion, designed to control the crown, was won over to its side, and shared, while it supported, its ascen- dency. The crown now governed with more difficulty, and was forced to use all its resources for the main tenance of its authority : but it governed as com pletely as ever. !Mean while every accession to the greatness of the country favoiu'ed the influence of the crown. By the increase of establishments and public expendi- ture, the means of patronage were multiplied. As the people grew more wealthy, considerable classes appeared in society, whose sympathies were with ' the powers that be,' and who coveted favours which the crown alone could bestow. And thus the very causes which ultimately extended the power of the people, for a long time served to enlarge the influ- ence of the crown. Vast and various were the sources of tliis influence. Its sources. The crown bestowed everything which its subjects most desired to obtain ; honours, dignities, places and ])referments. Such a power reached all classes, and swayed constituents, as well as Parlia- ments. The House of Lords has ever been more Its Sources. closely associated with the crown and its interests than the House of Commons. The nobles ^he of every land are the support and ornament of the court ; and in England they are recognised as an outwork of the monarchy, — a defence against the democratic elements of our institutions. The entire body is the creation of the crown. The temporal peers, or their ancestors, have all been ennobled by royal favour : many have been raised to a higher dignity in the peerage ; and others aspire to such an elevation. A peerage of the United Kingdom is an object of ambition to Scotch and Irish peers. The spiritual lords owe their dignity to the cro'wn, and look up to the same source of power for translation to more important sees. Nearly all the highest honours and offices are engrossed by the nobility. The most powerful duke, who has already enjoyed every other honour, still aspires to the Order of the Garter. Tlie lord-lieutenancy of a county, — an office of feudal grandeur, — confers distinction and influence, of which the noblest are justly proud.' Other great appointments in the state and royal household are enjoyed exclusively by peers and their families ; while a large proportion of the state patronage is dispensed by their hands. Their rank also brings them within the immediate reach of court favour and social courtesies, by which tlie most eminent peers naturally become the personal friends of the reigning sovereign. Accordingly, witli some ' Though tho offipe of Lonl-Lieutonant. does not (Into oarlior than thn re'uii of I'Mward V'l., it resembles the uncicut dijjuity of Comes.' II 2 4 Influence of the Crown. rare exceptions, the House of Lords has always ranged itself on the side of the crown. It has sup- ported the king himself against his own ministers ; it has yielded up its convictions at his word ; and where party connections have brought it into con- flict with a ministry enjoying the confidence of the crown, its opposition has been feeble or compliant.' Nor has its general support of the throne been in- consistent with the theory of the constitution. The Commons, on the other hand, representing The the people, are assumed to be independent 'ommons. crown, and jealous of its influence. How far these have been their actual characteristics, will be examined hereafter •? but here it may be briefly said, that until the reform in the representa- tion of the people in 1832, the counties were mainly under the influence of great and noble families — as they still are, to a considerable extent : a large pro- portion of the boroughs were either the absolute property of peers and their connections, or entirely under their control ; while in many other boroughs the interest of the government was paramount at elections. The cities and large towns alone had any pretensions to independence. Except on rare occa- sions, when all classes were aniina*-ed by a strong public opinion, the representation of the people and popular interests was a constitutional theory, rather tlian an active political force. Had there been no party distinctions, there could scarcely have been >in ostensible opposition to any ministers whom the King might have chosen to appoint. Members of ' bee Chap, v., Peers and Peerage. ' See Chap. VI. Its Sources. Parliament sought eagerly the patronage of the crown. Services at elections, and support in Parlia- ment, were rewarded with peerages, baronetcies, oflBees and pensions. Such rewards were openly given : the consideration was avowed. There wexe other secret rewards of a grosser character, which need not here be noticed.' Nor were constituents beyond the reach of the same influence. The col- lection and expenditure of an enoi-mous and con- tinually increasing public revenue provided inferior places, — almost without number, — which were dis- pensed on the recommendation of members sup- porting the government. Hence to vote with the ministers of the day was the sure road to advance- ment : to vote against them was certain neglect and proscription. To these soiurces of influence must be added the loyalty of the British people. He must Loyalty of indeed be a bad king, whom the people do p'^"!'''-"- not love. Equally remarkable are their steady obe- dience to the law, and respect for authority. Their sympathies are generally on the side of the govern- ment. In a good cause their active support may be relied upon ; and even in a bad cause, thoir preju- dices have more often been enlisted in favour of the government than against it. How great then, for good or for evil, were the powers of a British sove- reign and liis ministers. The destinies of a great people depended upon their wisdom, nearly as much as if they had wielded arbitrary power. But while these various sources of influence con- ' See Chap. VI. 6 infliLence of the Crown. tinued to maintain the political ascendency of the Bcstric- crown, the personal share of the sovereign thTpcr- government of the country was euceofth; considerably restricted. William III., the Bovereign. y^^^i^ ^^^^ Statesman of his day, while re- presenting the principles of the Revolution, was yet his own minister for foreign affairs, conducted nego- tiations abroad, and commanded armies in the field. But henceforward a succession of sovereigns less capable than William, and of ministers gifted with extraordinary ability and force of character, rapidly reduced to practice the theory of ministerial respon- sibility. The government of the state was conducted, jrinisterial throughout all its departments, by ministers I'iiity?"' responsible to Parliament for every act of their administration, — without whose advice no act could be done — who could be dismissed for in- capacity or failure, and impeached for political crimes ; and who resigned when their advice was dis- regarded by the crown, or their policy disapproved by Parliament. With ministers thus responsible, ' the king could do no wrong.' The Stuarts had strained prerogative so far, that it had twice snapped asunder in their hands. They had exercised it per- sonally, and were held personally responsible for its exercise. One had paid the penalty with his head : another with his crown ; and their family had been proscribed for ever. But now, if the prerogative was strained, ministers were condemned, and not the king. If tlie people cried out against the govern- ment, — instead of a revolution, there was merely The House of Hanover and the Whigs. 7 a change of ministry. Instead of dangerous conflicts between the crown and Parliament, there succeeded struggles between rival parties for parliamentary majorities ; and the successful party wielded all the power of the state. Upon ministers, therefore, de- volved the entire bmlhen of public affairs : they relieved the crown of its cares and perils, but, at the same time, they appropriated nearly all its authority. The king reigned, but his ministers governed. To an ambitious prince, this natural result of con- stitutional government could not fail to Kings of be distasteful ; but the rule of the House ut' Hanover, of Hanover had hitherto been peculiarly favour- able to its development. With George I. and George II., Hanoverian politics had occupied the first place in their thoughts and affections. Of Eng- lish politics, English society, and eveu the English language, they knew little. The troublesome ener- gies of Parliament were an enigma to them ; and they cheerfully acquiesced in the ascendency of able ministers who had suppressed rebellions, and crushed pretenders to their cro\vn, — who had triumplied over parliamentary ojipositionand had borne all the burthen of the government. Left to the indulgence of their own personal tastes, — occupied by frequent visits to the land of their birth, — by a German court, favourites and mistresses, — they were not anxious to engage, more than was necessary, in the turbulent contests of a constitutional government. Having lent their name and authority to competent minis- ters, they acted upon their advice, and aided them by all the means }»t. the disnosal of the court. 8 Influence of the Crown. This authority had fallen to the lot of ministers Asccn- connected with the Whig party, to whom the the wMg House of Hanover mainly owed its throne, party. rpj^g most eminent of the Tories had been tainted with Jacobite principles and connections ; and some of them had even plotted for the restora- tion of the Stuarts. From their ranks the Pre- tender had twice drawn the main body of his adherents. The Whigs, indeed, could not lay claim to exclusive loyalty : nor were the Tories generally obnoxious to the charge of disaffection : but the Whigs having acquired a superior title to the favours of the court, and being once admitted to office, con- trived, — by union amongst themselves, by boruugh interests, and by their monopoly of the influence of the crown, — to secure an ascendency in Parliament which, for nearly fifty years, was almost unassailable. Until the fall of Sir Kobert Walpole the Whigs had been compact and united ; and their policy had gene- rally been to carry out, in practice, the principles of the Eevolution. When no longer under the guid- ance of that minister, their coherence, as a party, was distm-bed ; and they became divided into fami- lies and cliques. To use the words of Lord John Eussell, this ' was the age of small factions.' ' The distinctive policy of the party was lost in the per- sonal objects of its leaders; but political power still remained in the same hands ; and, by alliances rather than by union, tlie 'great Whig families,' and others admitted to a share of their power, con- tinued to engross all the high offices of state, and to • Introduction to vol. iii. of Bedford Correspondence. Accession of George the Third. 9 distribute among their personal adherents the entire patronage of the crowTi. The young king, George III., on succeeding to the throne, regarded with settled jealousy the j^cce^jon power of his ministers, as an encroachment ni^'^f' on his own ; and resolved to break it down. jj'i^^S^' His personal popularity was such as to facili- tate the execution of this desigTi. Well knowing: that the foreign extraction of his predecessors had repressed the affections of their people, he added, with his own hand, to the draft of his first speech to Parliament, the winning phrase, ' Born and edu- cated in this country, I glory in the name of Briton.'' The Stuarts were now the aliens, and not the Hanoverian king. A new reign, also, was favourable to the healing of political differences, and to the fusion of parties. In Scotland, a few fanatical non-jurors may still have grudged their allegiance to an uncovenanted king.^ But none of tlie young king's subjects had plotted against his Ihrone; and few could be suspected of adherence to the fallen cause of the Stuarts, which had been hopelessly abandoned since the rebellion of 1745. The close phalanx of the Whig party had already been broken ; and IMr. Pitt had striven to conciliate the Tories, and put an end to the bitter feuds by which the kingdom liad been distracted. No party was now in disgrace at court : but Whigs, Tories, and Jacobites thronged to St. James's, and vied with ' The king himself bore testimony to this fact upwards of forty years afterwards. — liosf'a Corr., ii. 189. ' For an account of the I'rtbbytorian non-jurors, soe Macaulau'i Hist., iii. 703-707. lO Influence of the Crown. each other in demonstrations of loyalty and devo- tion.' The king was naturally ambitious, and delighted The king's i'^ ^he active exercise of power ; and liis euucation. education, — otherwise neglected,^ — had raised his estimate of the personal rights of a king in the government of his country. So far back as 1752, complaints had been made that the prince was surrounded by Jacobite preceptors, who were train- ing him in arbitrary principles of government.^ At that time, these complaints were discredited as factious calumnies : but the political views of the king, on his accession to the throne, appear to con- firm the suspicions entertained concerning his early education. His mother, the Princess Dowager of Wales, — herself ambitious and fond of power,^ — had derived her views of the rights and authority of a sovereign from German courts ; and encouraged the prince's natural propensities by the significant advice of ' Greorge, be king.' ^ Lord Waldegrave, who had been for some time governor to the prince, describes ' 'The Earl of Lichfield, Sir Walter Kagot, and tho principal Jacobites went to court, which George Solwyn, a celebrated wit, accounted tor from the number of Stuarts tliat were now at St. James's.' — Waipo/c's Mem., i. 14. - Dodingtoii's Diary, 171. The Princess of Wales said: 'His book-learning slie was no judge of, tliough she supposed it small or useless.' — //;/(/., 3^)^ ; Wraxall's Mem., ii. 39. Walpole's Mem., i. 55. Lord lirougliam's Statesmen : Wurks, iii. 11. ' See debate in the House of Lords, 22iid Mareli, 1753; Walpole's Mem., iv. 139; Dodington's Diary, 190, 194, 197, 228. * Walpole says, ' The princess, whose ambilion yielded to none.' — Mem., i. 12. ' The princess was ardently fond of power, and all its appanages of observance.' — Ado!j>h. Hist., i. 12. • Rockingham Mem., i. 3. The Kings A mbition. II nim as 'full of princely prejudices contracted in the nursery, and improved by the society of bed- chamber-women and pages of the back-stairs.'' His groom of the stole, Lord Bute, — afterwards 80 notorious as his minister, — had also given the young prince instruction in the theory of tne British constitution ; and knowing little more than the princess herself, of the English people and government, had taught him that his o^vn honour, and the interests of the country, required the ex- tension of his personal influence, and a more active exercise of his prerogatives. The chief obstacle to this new policy of the court was found in the esta- blished authority of responsible ministers, upheld by party connections and parliamentary interest- Accordingly, the first object of the king and his advisers was to loosen the ties of party, and break down the confederacy of the great Whig families.* The king desired to undertake personally His deter- the chief administration of public affairs, govern!""" to direct the policy of his ministers, and himself to distribute the patronage of the crown. He was ambitious not only to reierly, to subdue all parties.'* But it had been no part of Lord Bolingbroke's conception, that the patriot king should suffer his favourites to stand between him and his ' most able and faithful councillors.'* Such, however, was the scheme of Greorge the Third. The ministry whom the king foimd in possession of power at his accession, had been formed by a coalition between the Duke of Newcastle and Mr. Pitt. The former had long; been the ac- IGinEtzy at knowledged leader of the great Whig connection, and enjoyed extended par- liamentary interest : the latter, by his eloquence and statesmanship, had become the most popular and powerful of the king's subjects The ministry also comprised the Grenville and Bedford sections of the VNTiig party. It was so strong in Parliament, that for some yeare the voice of opposition had been scarcely heard ; and so long as it continued united, its position was impregnable. But, strong as were the ministers, the king was The kinr» resolved to wrest all power from their hands, aoaueoon. and to exercise it himself. For this piir- ' The Idea of • Patriot King, Workt, it. 274. • Ibid^ 281, 282. • BmL, mo. The Kings Secret Counsellors. 1 3 pose he called to his aid the Earl of Bute, and other secret counsellors, drawn from all parties. The greater number were of the Tory party, whose views of prerogative were Jacobite. According to Horace Walpole, 'they abjured their ancient master, but retained their principles.'' It was the king's object not merely to supplant one party, and establish another in its place, but to create a new party, faithful to himself, regarding his personal wishes, carrying out his policy, and dependent on his will. This party was soon distingmshed as 'the king's men,' or 'the king's friends.'* Instead of relying upon the advice of his responsible ministers, the king took counsel with this ' double ' or ' interior cabinet.' Even his first speech to Parliament was not submitted to the cabinet council. It had been drawn up by himself and Lord Bute ; and when Mr. Pitt took exception to some of its expressions, the king long resisted the advice of his minister. It had been usual for ministers to rely upon the sup- port of the crown in all their measures. They now found themselves thwarted and opposed ; and the patronage, which they had regarded as their o\vn, they saw divided by the king among his new ad- herents and their connections. This 'influence be- hind the throne ' was denounced by all the leading statesmen of that time, — by Mr. Grenville, Lord Chatham, the IMarquess of Itockingham, the Duke of Bedford, and Mr. Burke. Occasionally denied, its existence was yet so notorious, and its agency so ' Wiilp. Mom., i. 15. » Burke's Present Discontents, Works, ii. 210-242. 14 hifluence of tJie Croivn. palpable, that historical writers of all parties, — while taking different views of its character — have not failed to acknowledge it. The bitterness with which it was assailed at the time was due, in great measitre, to political jealousies, and to the king's selection of his friends from an unpopular party : but, on constitutional grounds, it was unquestion- ably open to the gravest objections. A constitutional government ensures to the king constitn- a widc authority, in all the councils of the tional rela- t r i i t • tionsofthe state. He chooses and dismisses his mims- king to his ministers, ters ; and this, — if it be his pleasure, — without the advice of any councillor.' Their reso- lutions upon every important measiu-e of foreign and domestic policy are submitted to his approval ; and when that approval is withheld, his ministers must either abandon their policy, or resign their offices. They arc responsible to the king on the one hand, and to Parliament on the other; and while they retain the confidence of the king, by adminis- tering affairs to his satisfaction, they must act upon principles, and propose measures, which they can justify to Parliament. And here is the proper limit to the king's influence. As he governs by respon- sible ministers, he must recognise their responsi- bilities. They are not his ministers only, but also the public servants of a free country. But an in- fluence in the direction of public affairs thus limited, by no mean satisfied the ambition of the king. His courtiers represented that he was enthralled by the ' Sep thf Duke of VTellington's views upon this point ; Ijord Col- chesUr's Diary, iii. oOI. Breaking up of Parties. 1 5 dominant party, which had become superior to the throne itself ; and that in order to recover his just prerogative, it was necessary to break up the com- bination. But what was this, in effect, but to assert that the king should now be his own minis- ter ? that ministers should be chosen, not [,r^k'up° because they had the confidence of Parlia- i""""^- ment and the country, but because they were agree- able to himself, and willing to carry out his policy? — And this was the true object of the king. It will be seen that when ministers, not of his own choice, were in office, he plotted and manoeuvred until he overthrew them ; and when he had succeeded in establishing his friends in office, he forced upon them the adoption of his own policy. The king's tactics were fraught with danger, as well to the crown itself as to the constitutional Danjjpr of liberties of the people: but his personal tactics!*"' conduct and character have sometimes been judged with too much severity. That lie was too fond of power for a constitutional monarch, none will now be found to deny : that he sometimes resorted to crafty expedients, unworthy of a king, even his admirers must admit. But he had kingly virtues, — piety, courage, constancy, and patriotism. With a narrow imderstanding and obstinate prejudices, he yet laboured, honestly, for the good government of his country. If he loved power, he did not shrink from its cares and toil. If he delighted in being the active ruler of his people, he devoted himself to affairs of state, even more laboriously than bis minis- ters. If he was jealous of the authority of the cro\\-n, i6 Influence of Ihc Crown. he was not less jealous of the honour and greatness of his people. A just recognition of the personal merits of the king himself, enables us to judge more freely of the constitutional tendency and results of his policy. To revert to a polity under which kings had governed, and ministers had executed their orders, was in itself a dangerous retrogression in the prin- ciples of constitutional government. If the crown, and not its ministers, had governed, how could the former do no wrong, and the latter be responsible ? If ministers were content to accept responsibility without power, the crown could not escape its share of blame. Hence the chief safeguard of the mon- archy was endangered. But the liberties of the people were exposed to greater peril than the crown. Power proceeding from the king, and exercised by himself in person, is irreconcilable with popular government. It constitutes the main distinction between an absolute and a constitutional monarchy. The best and most enlightened of kings, governing from above, will press his own policy upon his sub- jects. Choosing his ministers from considerations personal to himself, — directing their acts, — uphold- ing them as his own servants,— -resenting attacks upon them as disrespectful to himself, — committed to their measures, and resolved to enforce them, — viewing men and things from the elevation of a court, instead of sharing the interests and sympa- thies of the people, — how can he act in harmony with popular influences ? The system of government which George III. found in operation was indeed imperfect. The in- The Kinz's Tactics. fluence of the crown, as exercised by ministers, pre- vailed over the more popular elements of the con- stitution. The great nobles were too powerful. A Parliament, without adequate representation of the people, and uncontrolled by public opinion, was generally subservient to ministers : but with all its defects, it was still a popular institution. If not freely elected by the people, it was yet composed of men belonging to various classes of society, and sharing their interests and feelings. The statesmen, who were able by their talents and influence to com- mand its confidence, became the ministers of the crown ; and power thus proceeded from below, instead of from above. The country was governed by its ablest men, and not by favourites of the court. The proper authority of Parliament was recognised ; and nothing was wanting in the theory of constitu- tional government, but an improved constitution of Parliament itself. This system, however, the king was determined to subvert. He was jealous of ministers who derived their authority from Parlia- ment rather than from himself, and of tlie parlia- mentary organisation which controlled his power. The policy which he adopted, and its results, are among the most critical events in the history of the crown. The dissolution of Parliament, shortly after his accession, afforded an opportunity of King-s in- strengthening the parliamentary connec- ^".ii,''^,th. tion of the king's friends. Parliairieut was kept sitting while the king and Lord Bute were making out lists of the court candidates, and VOL. I. C i8 Influence of the Crown. using every exertion to secure their return. The king not only wrested government boroughs from the ministers, in order to nominate his own friends, but even encouraged opposition to such ministers as he conceived not to be in his interest.' At the meeting at the Cockpit,^ the night before the assembling of the new Parliament, to hear the king's speech read, and to agree upon the choice of a speaker, not only the Wbigs and parliamentary supporters of the government attended ; but also the old Tories, in a strong body, though without any im-itation from ministers.* The speaker selected by Lord Bute was Sir John Cust, a country gentleman and a Tory. Lord Bute, the originator of the new policy, was Measures uot personally well qualified for its success- break np ful promotion. He was not connected with the minis- tiy. the great families who had acquired a pre- ponderance of political influence : he was no parlia- mentary debater : his manners were unpopular : he was a courtier rather than a pohtician : his intimate relations with the Princess of Wales were an object ' The Duke of Newcastle thus wrote at this time to Lord Kcck- ingham : — ' Aly Lord Anson has received orders friiin the king him- self to declare to the docks (at Portsmouth) that ther may vote for whom ther please at the Hampshire election, ectn thtruf/h the Chan- celk'T of the Exchequer is a candidate.' Lord Bute complainetl to the First Lord of the Admiralty, that he had disposed of the Admiralty boroughs without acquaiutiog the king. — DodittgUm'g Diary, 433; Rockingham Mem., i. 61-64. ' Formerly tne cockpit of the ancient palace of Whitehall. At this period, it was a public building, on the site of the present PriTy Council office, in which were the Council Chamber, and the offict s of the First Lord of the Treasury. It was here that the Parli:imentary supporters of the Government were invited to meet.— See Cunninn- ham's London. 133 ; Knight's L ndon, 290. • Rockingham Mem., i. 68; Dodinstons Piary, 433. The Kings Tactics. 19 of scandal ; and, above all, he was a Scotchman. The jealousy of foreigners, which had shown itself in hatred of the Hanoverians, was now transferred to the Scottish nation, whose connection with the late civil war had exposed them to popular obloquy. The scheme was such as naturally occurred to a favourite : but it required more than the talents of a favourite to accomplish. While only in the king's household, his influence was regarded with jealousy: remarks were already made upon the unlucky circumstance of his being a ' Scot ; ' and popular prejudices were aroused against him, before he was ostensibly concerned in public affairs. Im- mediately after the king's accession, he had been made a privy councillor, and admitted into the cabinet. An arrangement was soon afterwards con- certed, by which Lord Holdernesse retired ■' March 25, from office with a pension, and Lord Bute succeeded him as secretary of state. It was now the object of the coiurt to break up the existing ministry, and to replace it with another, formed from among the king's friends. Had the ministry been united, and had the chiefs reposed confidence in one another, it would have been diffi- cult to overthrow them. But there were already jealousies amongst tliem, which the court lost no opportunity of fomenting.' A breach soon arose ' Lord Hardwicke said, ' He (Lord Bute) principally availed himself with great art and finesse of tho disspDKions between the Duke of Nowcastlo and Mr. Pitt : lie played off ouo against the other till he got rid of the popular minister, and when that was compassed, he strengthened himself in the cabinet, by bringing in Lord Kgre- montaml Mr. Urenville, and never left intriguing till ho iiad ren- dered it impracticable for tho old duko to cuutiuuc in ottice with c 2 20 Influence of the Ci^own. between Mr. Pitt, the most powerful and popular of the ministers, and his colleagues. He desired to strike a sudden blow against Spain, which had con- cluded a secret treaty of alliance with France, then at war with this country.* Though war minister, he was opposed by all his colleagues except Lord Temple. He bore himself haughtily at the council, — declaring that he had been called to the ministry by the voice of the people, and that he could not be responsible for measui-es which he was no longer allowed to guide. Being met with equal loftiness in the cabinet, he was forced to tender his resigna- tion.'^ The king overpowered the retiring minister with Pension to kiuduess and condescension. He offered the Mr. Pitt. ]jai-ony of Chatham to his wife, and to him- self an annuity of 3,000L a year for three lives.-* The minister had deserved these royal favours, and he accepted them, but at the cost of his popularity. It was an artful stroke of policy, thus at once to conciliate and weaken the popular statesman, whose opposition was to be dreaded, — and it succeeded. credit and honour.' — Bockingham Mem., \, 6. See tlio Duke's own letters, ih., 102-109. ' Grenville Papers, i. 386. 2 Ann. Keg., 1761 [-IS]. Gronvillo Papers, i. 391, 405. Mr Pitt, in a letter to Mr. Bi-ckford, October 1,5, 1761, says, ' A diflfer- ence of opinion witli regard to measures to be taken against Spain, of the liighest importiincc to the honour of the Crown, and to the most essential national interests, and this foundopresented, that in August, 1777, ho gave Ludy Chathiiin a general letter of attorney, empowering her to transaet all business for him. — Ibid., iii. 28*2. • Walp. Mem., iii. 62, 67, n. • Ilnd., ii. 381, n. Sec also ihid., iii. 92. 44 Influence of the Crown. king's ascendency in the councils of his ministers Lord further increased by the accession mi^st^, of Lord North to the chief direction of public affairs. That minister, by prin- ciple a Tory, and favourable to prerogative, — in character indolent and good-tempered, — and per- sonally attached to the king, — yielded up his owti opinions and judgment ; and for years consented to be the passive instrument of the royal -will.' The persecution of Wilkes, the straining of parliamen- tary privilege, and the coercion of America, were the disastrous fruits of the court policy. Through- out this administration, the king staked his per- sonal credit upon the success of his measures ; and regarded opposition to his minister as an act of dis- loyalty, and their defeat as an affront to himself.^ In 1770, Lord Chatham stated in Parliament, that since the king's accession there had been no original \i. e, independent) minister;^ and examples abound of the king's personal participation in every politi- cal event of this period. While the opposition were struggling to reverse PuHic proceedings of the House of Commons recteciby against Wilkes, and LoiJ Chatham was the king. about to movB an address for dissolving ' Walp. Mem., ii. 95, n. ; ib., iii. 106 n.; Wraxall's Mom., i. 123. Mr. Massi-y says, Lord North was ' the only nian of Parliament- ary reputation who would not have insisted ' on the expulsion of tlio king's friends. -//i*/., i. 424. Always in favour of power and autliorlty, ' ho supported the king against the aristocracy, the par- liament against the people, and the nation against the culunies.' — Ifjid., 425. Walp. Mem., iii. 200 and n. ; iv. 75 ; Corr. of Goo. III. with Lord North ; i. 63 ct acq., 202. ' lUd., iv. iicy. been the fiercest turbulence and discontent among the people, the most signal failures in the measures of the government, and the heaviest disasters to the state. Of all the evil days of England during this king's long reign, the worst are recollected in the ministries of Lord Bute, Mr. Grenville, the Duke of ' Corr. of George III. witli Lord North, ii. 3", 212, 23.'), 368. t1 passim. 'Wnixairs Mom., ii. U8. Much to liis credit, lio secured tlie appointment of the poet (irny to the pnifensorship of Motlern Historj- lit Cnmliridce. 8tli M,ir< h, 1771. ■■' 2oth Oclolier, 177o : 'On the receipt of your loiter, / have ordered Klliolt's dniffoons to march from Ili nlcy to IIouiislow.' * 'Wo must liusliand honours,' wrote the kinp to Lord North on the 18th July, 1777, on refusing to make Sir W. IlHmilton u priry- oouncillor. oo lujlumcc of t/ie Crown. Grafton, and Lord North. Nor had the royal will, — however potential with ministers, — prevailed in the government of the comitry. He had been thwarted and humbled by his parliaments, and insulted by demagogues: parliamentary privilege, wliich he had sought to uphold as boldly as his own prerogative, had been defied and overcome by ^^'ilkes and the printers: the liberty of the press, which he would have restrained, had been provoked into licentious- ness ; and his kingdom had been shorn of some of its fairest provinces.' On the retirement of Lord North, the king sub- Kockingham mitted, with a bad grace, to the Eock- ns-i?*"^^' ingham administration. He found places, indeed, for liis own friends, but the policy of the cabinet was as distasteful to him as were the persons of some of tbe statesmen of whom it was composed. Its first principle was the concession of independence to America, which he had so long resisted: its second was the reduction of the influence of the crown, by the abolition of offices, the exclusion of contractors from Parliament, and the disfranchise- ment of revenue officers.* Shortly after its forma- tion, Mr. Fox, writing to Mr. Fitzpatrick,' said : ' provided we can stay in long enough to give a good stout blow to the influence of the crown, I do not think it much signifies how soon we go out after.''' This ministry was constituted of materials ' See Mr. Powys's apt quotation from Giblifui, I'itli Doer., 1781 ; Pari. Hist., xxii."8()3; WraxiiU's Mem., ii. 4()0. ■•' RookinRliiim iAIi m., i. ^Wl. * 28th April, 1782. * I'ox Mem., i. 317. The Rockmghatn Ministry, 17S2. 61 not likely to imite, — of men who had supported the late ministry, and of the leaders of the parliament- ary opposition, — or, as Mr. Fox expressed it, 'it consisted of two parts, one belonging to the king, the other to the public' ' Such men could not be expected to act cordially together : but they aimed their blow at the influence of the crown, by passing the contractors' bill, the revenue officers' bill, and a bill for the reduction of offices.'' They also suffered the former policy of the com-t to be stigmatised, by expunging from the journals of the House of Commons, the obnoxious resolutions which had affirmed the disability of Wilkes. A ministry pro- moting such measiu-es as these, was naturally viewed with distrust and ill-will by the court. So hard was the struggle between them, that the surly chancellor. Lord Thurlow,— who had retained his office by the express desire of the king, and voted against all the measures of the government, — affirmed that Lord Rockingham was ' bringing things to a pass where either his head or the king's must go, in order to settle which of them is to govern the country.'' The king was described by his Tory friends as a prisoner in the hands of his ministers, and represented in the caricatures of the day, as being put in fetters by his gaolers.'' In the same spirit, ministers were termed the ' Eegency,' ' Fox Mem., i. 292 ; Lord John Russeirs Life of Fox, i. 284, et seq. Lord John Russell says: 'It niiist be owned that the com- position of thi- Kockinglmra ministry was a masterpicco of royal iMV—lhiJ. 28.3; Wraxall's Mem., iii. 10-18. See Chapter VI. » Fox Mom., i. 294. * Rockingham Mem., ii. 466. 62 I7iflue7ue of tJie Crown. as if they liad assumed to exercise the royal authority. In a few months, however, this ministry, was on the point of breaking up, in consequence of differences of opinion and personal jealousies, when the death of Lord Eockingham dissolved it. Mr. Fox. and his friends retired, and Lord Shel- Lordshei- bume, who had represented the king in ministrv. the late Cabinet, was placed at the head of Isc July, 17S2. ' the new administration ; while ^Ir. "Wil- liam Pitt now first entered office, though little more than twenty-three years of age, as Qian- cellor of the Exchequer.' The secession of the popular party restored the king's confidence in his ministers, who now attempted to govern by his influence, and to maintain their position against a formidable combination of parties Horace Wal- pole represents Lord Shelbume as ' trusting to maintain himself entirely by the king ; '* and such was the state of parties that, in truth, he had little else to rely upon. In avowing this influence, he artfully defended it, in the spirit of the king's friends, by retorting upon the great ^Vhig families. He would never consent, he said, ' that the king of England should be a king of the Mahrattas; for among the Mahrattas the custom is, it seems, for a certain number of great lords to elect a Peishwah, who is thus the creature of the aristocracy, and is vested with the plenitude of power, while their king is, in fact, nothing more than a royal pageant.' ^ ' Tomline's Life of Pitt, i. 86. * Fox Mem., ii. 11. * Pari. Hist., xxii. 1003. 3Iiiny original memorials of Loni Shel. borne are to be fouod iu his Life, by Lord Edmund Fitzniaurice. The King and the Coalition. 63 By breaking up parties, the king had hoped to secure his independence and to enlarge co^bina. his own influence ; but now he was startled tlra a"^^t by a result which he had not anticipated. ' Divide, et impera ' had been his maxim, and to a certain extent it had succeeded. Separation of parties had enfeebled their opposition to his govern- ment ; but now their sudden combination overthrew it. "VVTien the preliminary articles of peace with America were laid before Parliament, the .^eco- parties of Lord Xorth and Mr. Fox, — so long opposed to each other, and whose political hostility had been embittered by the most acri- monious disputes, — formed a ' Coalition,' nth ana and outvoted the government, in the i^sa. House of Commons.' Overborne by numbers, the minister resigned ; and the king alone confronted this powerful coalition. The struggle which ensued was one of the most critical in our modem consti- tutional history. The royal prerogatives on the one side, and the powers of Parliament on the other, were more strained than at any time since the Revolution. But the issue illustrated the paramount influence of the crown. The leaders of the coalition naturally expected to succeed to power ; but the king was resolved to resist their pretensions. He sought ^Mr. Pitt's assistance to form a government ; and with such a minister, would have braved the united forces of the opposition. But that sagacious statesman, ' Lord Auckland's Corr., i. 9, 41. 64 Injlucncc of the Crown. though not yet twenty-four years of age,' had taken an accurate survey of the state of parties, and of public opinion ; and seeing that it was not yet the time for jjutting himself in the front of the battle, he resisted the solicitations of his Majesty, and the advice of his friends, in order to await a more fitting opportunity of serving his sovereign.^ In vain did the king endeavour once more to disunite the coalition, by making separate proposals to Lord North and the Duke of Portland. The new con- federacy was not to be shaken, — and the king founa himself at its mercy. It was long, however, before he would submit. He wrote to Lord Weymouth 'to desire his support against his new tyrants;'' and ' told the Lord Advocate that sooner than yield he would go to Hanover, and had even prevailed upon the queen to consent.' From this resolution he was probably dissuaded by the rough counsels of Lord Thurlow. ' Your Majesty may go,' said he, ' nothing is more easy : but you may not find it so easy to return, when your Majesty becomes tired of staying there.' It was not imtil the country had been for seventeen days without a government, that the king agreed to Lord North's scheme of a coali- tion ministry. But furtlier difficulties were raised ; and at length the House of Commons interposed. 23rd After several debates, — in one of which March, 1783. Mr. Fox accused the king's secret friends of breaking off the negotiation, — the House ad- ' Mr. riLt was born 28tli May, 1759. 2 Tomlino's I^ife of Pilt, i. 140 ; Lord Staiiliopo's Life of Pitt, i. 103-111 ; Letters of tho King to Mr. Pitt, Ihid., App. ii. iii. " Fox Morn., ii. 42 (llonico Wiilpolo). The King and the Coalition. 65 dressed his Majesty to form ' an administration entitled to the confidence of his people.' The ad- dress was graciously answered ; but still no ministry was formed. Again the king pressed Mr. ^^^^^ Pitt to become his premier, who again firmly and finally refused.' At length, after an ex- traordinary interval of thirty-seven days, coalition ^ ministry, from the 24th February to the 2nd April, nsa. the coalition ministry was completed under the Duke of Portland." Such are the vicissitudes of political life, that Lord North, who for years had been the Efforts ot compliant and obsequious minister of the t^on'^to re- king, was now forcing his way into office, kinpVin! in alliance with Mr. Fox, the king's most dreaded opponent, and lately his own. While the king was yet holding them at bay, the new friends were concerting measures for restraining his future influence. As no one had submitted to that in- fluence so readily as Lord North, we cannot intrude into their secret conferences without a smile. Mr. Fox insisted that the king shoT\ld not be suffered to be his own minister, to which Lord North replied : ' If you mean there should not be a government by departments, I agree with you. I think it a very bad system. There should be one man, or ' Tomlinc's Life of Pitt, i. 150; Letter to the King, 25th March, 1783 ; I/onl Slaiihope'a Life of Pitt, i. App. ii. ; Wraxall's Mom., iii. 337, 353, .iT J, &c. " The Itiiig availed himself of his- freedom from ministerial re- straint, to fill lip the vacant see of Cantcrljurj-. The translation of Dr. Moore, JSishop of 15angor, was completed on the very day on which the coalition ministry was finally inslaLlcd. — WraxMt Mtm^ iii. 319. VOL. I. F 66 Influence of t lie Crown. a cabinet, to govern the -whole, and direct every measure. Grovernment by departments was not brought in by me. I found it so, and had not the vigour and resolution to put an end to it. The king ought to be treated with all sort of respect and attention : but the appearance of power is all that a king of this country can Jiave. Though the government in my time was a government by depart- ments, the whole was done by the ministers, except in a few instances.' ' But whatever were the views of ministers re- The king's garding the king's future authority, he Th'ffi^ himself had no intention of submitting to them. He did not attempt to disguise his repugnance to the ministry which had been forced upon him: bit. avowinj;- that he yielded to com- pulsion, gave them to imderstand that they need expect no support from him, and that he wovdd not create any British peers upon their recommendation. He told Lord Temple ' that to such a ministry he never would give his confidence, and that he would take the first moment for dismissing them.'* The coalition had not found favour in the country ; and no pains were spared, by the king's frieuds, to increase its unpopularity. INIeanwhile the king watched all the proceedings of his ministers with jealousy, thwarted them whenever he could, criti- cised their policy, and openly assumed an attitude of opposition.3 Thus, writing to Mr. Fox, who, as ' Fox ^^em., ii. 38 » Court and CabineU of Georce IIT., i. 302 ; WraAall's Mem., in. 378, iv. 490. * lii-'i' Wraxall's Mi in., iv. OL'7. Mf. Foxi Lidia Bill. 67 secretary of state, was negotiating the peace, in August, 1783, he said : ' I cannot say that I am so surprised at France not putting the last strokes to the definitive treaty, as soon as we may wish, as our having totally disarmed, in addition to the extreme anxiety shown for peace, during the whole period that has ensued, since the end of February, 1782, certainly makes her feel that she can have no reason to apprehend any evil from so slighting a proceeding.'' An opportunity soon arose for more active hostility. ]Mr. Fox's India Bill had been brought into Mr. fox-s the House of Commons ; and, m spite of I'ss- the most strenuous opposition, was being rapidly passed by large majorities. It was denounced as unconstitutional, and as an invasion of tlie prero- gatives of the crown : but no means had been found to stay its progress. The king now concerted witli his friends a bold and unscrupulous plan for de- feating the bill, and overthrowing his ministers. Instead of requiring the withdrawal or amendment of the bill,— as he was entitled to do, — his name was to be used, and an active canvass imder- Use or the kind's name taken by his authority, against the measure uBaiust it. of his own ministers. Though this plan was agreed upon eight days before the bill reached the House of Lords, it was cautiously concealed. To arrest the progress of the bill in the Commons was hopeless ; und the interference of the crown, in that House, would have excited dangerous resentment. The » Fox Mem., ii. 141. r 2 68 Infltience of the Cr(?wn. blow was therefore to be struck in the other House, where it would have greater weight, and be attended wth less danger.^ Lord Temple, — who had sug- gested this plan, in concert with Lord Thurlow, and to whom its execution was entrusted, — having had an audience with his Majesty, declared himself authorised to protest against the bill in the king's name. And in order to leave no doubt as to his commission, the following words were written upon a card : — ' His jNIajesty allows Earl Temple to say that whoever voted for the India Bill, was not only not his friend, but would be considered by him as an enemy ; and if these words were not strong enough. Earl Temple might use whatever words he might deem stronger, and more to the purpose.'^ With these credentials, Lord Temple proceeded to canvass tlie peers, — with what success was soon apparent. On the first reading, supported by Lord Thurlow and the Duke of Richmond, he gave the signal of attack. The peers assumed a threatening attitude,^ and on the 15th December, placed the ministers in a minority, on a question of adjourn- ment. Little secrecy or reserve was maintained by the king's friends, who took care to proclaim liis Majesty's wishes. The use made of the king's name was noticed by the Duke of Portland, the Duke of ' Court and Cabinets of Gporge III., i. 288, 289 ; Wraxall's Mom., iv. i)07, et acq. /iS!) ; Lord SlinilioiK^'s Lit'o of Pitt, i. 146. 2 Court and Caliincts of (ieorgc III., i. 288, 289; Eox Mom., ii. 2.')3 ; Lord John Kusm-U'.s Life of I'ox, ii. 40. ' Many of them witlidrpw tlipir proxies from tlio ministrr.s a fow lior.rs bi iori; tiie niP'/iing of the House. — Tad. Hist., xxiv. 211. Use of tJie King's Name. 69 Richmond, and Earl Fitzwilliam : and was not denied by Lord Temple.' Mr. Fitzpatrick, writing to Lord Ossory, on the loth December, said: 'the proxies of the king's friends are arrived against the bill. The public is full of alarm and astonishment at the treachery, as well as the imprudence, of this unconstitutional interference. Nobody guesses what will be the con- sequences of a conduct that is generally compared to that of Charles I., in 1641.'* Before the success of the court measures was com- plete, the Commons endeavoured to arrest ofth^cdml them. On the 17th December, Mr. Baker, X^usfof"" after denouncing secret advice to the crown, nsm'^e"^^ against its responsible ministers, and the ngs.^^" use of the king's name, moved a resolution, ' that it is now necessary to declare, that to report any opinion, or pretended opinion, of his ]Majesty, upon any bill, or other proceeding, depending in either House of Parliament, with a view to influence the votes of the members, is a high crime and misdemeanour, derogatory to tlie honour of the crown, — a breach of the fundamental privileges of Parliament, and sub- versive of the constitution.' ' In vain did Mr. Pitt contend that the House could not deal with rumours, and tliat the hereditary councillors of the crown had always a riglit to give; advice to their sovereign. Mr. Fox replied in a • 16th Doc , 1783 ; Pari. Hist., xxiv. 1 ')l-lt)0 ; Tomlinc's Life of Pitt, i. 222; Ros(' Corr., i. 47 ; I/ml John Russell's Life of \'m, i. 44; Auckliind C<.Tr., i. 67; I^ord Stimliopc's Life of Pitt, i. 146- lol. -• Kcix Mem., ii. 220. " Com. Journ., xxxix. 8t2; I'.iil. Hist., xxiv. 199. 70 /nfiuerice of the Crown. masterly speech, full of constitutional arguments, and eloquent with indignant remonstrances.' The resolution was voted by a majority of seventy-three ; and the House resolved to go into committee on the state of the nation, on the following INIonday. But this was not enough. It was evident that the king had determined upon a change of ministers ; and lest he should also attempt to overthrow the obnoxi- ous majority by a sudden dissolution, the House, on the motion of Mr. Erskine, agreed to a resolution affirming the necessity of considering a suitable remedy for abuses in the government of the British dominions in the East Indies ; and declaring ' that this House will consider as an enemy to his country, any person who shall presume to advise his Majesty to prevent, or in any manner interrupt, the discharge of this important duty.' ^ The Commons had a right to protest against the irregular acts of the king's secret advisers : but the position assumed by minis- ters was indeed anomalous. It was not for them to level censures against the king himself. They should either have impeached or censured Lord Temple, or, protesting against the abuse of his ^Majesty's name, should have tendered their own resignation.^ ' Mr. Fox cited the words reported to have been used by Lord Temple, aud challenged a contnitiiotion ; upon which Mr. W. Greu- ville said, he was authorised by his noble relative to say that ho had never made use of those words. This denial, as Mr. Fox observed, amounted to nothing more tiian that these had not been the precise words used. — Varl. Hist., \x.\v. 207, 225. Aud see Lord Stanhope's Lite of Pitt, i. 154. - Pari. Hist., xxiv. 226. ' Fox M.m., ii. 299 ; Lord .John Russell's Life of Fox ii. 45-18. The King and Mr. Pitt, 1783. 71 But the strange spectacle was here exhibited, of a kinp; plotting against his own ministers, — illnref/ai d of the ministers inveighing against the con- "t^^^i^^. duct of their royal master, — of the House of Com- mons supporting them, and condemning the king, — and of the king defying at once his ministers and the House of Commons, and trusting to his influence with the Peers. The king's tactics prevailed. On the very day on which the Commons agreed to these strong remonstrances against his interference, it was crowned with complete success. The bill was re- jected by the House of Lords,' and the next day the king followed up his advantage, by st once dismiss- ing his ministers.' To make this dismissal as con- temptuous as possible, he sent a message to Lord North, and Mr. Fox, commanding them to return their seals by their under-secretaries, as an audience would be disagreeable to his Majesty.^ Earl Temple, who liad done the king this service, was entrusted with the seals for the purpose of formally dismissing the other ministers : the man who had been the king's chief agent in defeating them, was chosen to offer them this last affront. But the battle was not yet won. The king had struck down his ministers, though supported Mr. Pitt aa by a vast majority of the House of Com- nss!'"' mons : he had now to support a minister of his own ' 17tli Dec, 1783. By a majority of 19.— /'aW. Hist., xxiv. 196. Mr. l'«x, writing imnicdiiitfly afterwards, said: 'We are beat in the IIouKe of Lords by such trpachory on the part of the king, and .such iiieaniicds on the purl of his Iriends in the House of Lords, as oiii' I'ould not expect either from him or them.' — Fox Mem., ii, 221, » Annua) Keg., xxvii. [71] ; Tomline'e Life of Titt, i, 2;!0. 72 Injluence of tlie Crown. choice against that majority, and to overcome it. Mr. Pitt no longer hesitated to take the post of trust and dangler, -which the king at once conferred upon him. His time had now come ; and he resolved to give battle to an angry majority, — imder leaders of great talents and experience, — smarting under defeat, and full of resentment at the unconstitutional means by -which they had been overthrown. He accepted the oflSces of first lord of the Treasury and chancellor of the Exchequer ; and the king's sttirdy friend, Lord Thurlow, was reinstated as lord chan- cellor. !Mr. Pitt had also relied upon the assistance of Earl Temple,' -whose zeal in the king's service was much needed in such a crisis ; but that nobleman resigTied the seals a few davs after he had received them, assigning as his reason a desire to be free to answer any charges against him, arising out of his recent conduct.' The contest which the youthful premier had now Opposition to conduct, was the most arduous that had in the Com- 111 • • mens. ever devolved upon any nunister, smce the accession of the House of Hanover. So overpower- ing was the majority against him, that there seemed scarcely a hope of offering it an effectual resistance. His opponents were so confident of success, that when a new writ was moved for Appleby, on his acceptance of oflace, the motion was received with shouts of derisive laughter.' And while the presximption of ' He was intended to lead the House of Lords. — Tomlht^t Life 0/ Pitt. i. 232. ' Pari. Hibt., xxly. 237. As to other cansos of this resignatioD, lee Lonl .StAtthop»-'s Life of Pitt, i. 160-16*. • Toioluie's Life of Pitt, L 237. The King and Mr. Pitt, 1 784. 73 the boy minister was ridiculed,' the strongest measures were immediately taken to deprive him of his authority, and to intimidate the court, whose policy he supported. Many of ]\Ir. Pitt's advisers, despairing of his prospects with the present Parlia- ment, counselled an immediate dissolution •} but the same consiunmate judgment and foresight wliich, a few months earlier, had induced him to decline office, because the time was not yet ripe for action, now led him to the conviction that he must convert public opinion to his side, before he appealed to the people. Though standing alone, — without the aid of a single cabinet minister, in the House of Commons,^ — he resolved, under every disadvantage, to meet the assaults of his opponents on their own ground ; and his talents, his courage, and resources ultimately won a signal victory. Secure of their present majority, the first object of the opposition was to prevent a dissolu- Attempts to tion which they believed to be impending. Ju^so^ution. They could withhold the supplies, and press nss- the king with representations against liis ministers. His Majesty had the un([uestioned prerogatives of appointing his own constitutional advisers and dis- solving Parliament. The last appeal of both was to the people : and this appeal the Commons sought to ' Pitt, to use tlio liapiiy plinisc of Erskiiio, was ' hutched at onco into a minister by the heat of his own amljit ion.'— PaW. llitt., xxiv. 277. In the Itolliud, his youth was -thus ridiculed: — * A Kiglit to makp 8niT0iin 1 . Mr. Pitt. revive the question of Catholic emancipa- tion, during his Majesty's life. Not satisfied with this assurance, the king required an explicit declara- tion of his minister's determination to resist even the smallest alteration of the Test Act.^ This latter pledge, indeed, Mr. Pitt declined to give : ' but he was careful to avoid the forbidden ground, and was even obliged to oppose others who ventmed to trespass upon it. The minister had surrendered his own judgment ; and the king alone dictated the policy of Parliament.^ Though Mr. Pitt recovered the king's confidence, his Majesty continued to form his own independent opinions, and to exercise a large influence in the government and patronage of the state.' He watched the debates with undimin- ished interest : noted the length of speeches, and the numbers in divisions ; and even observed upon the shortcomings of the government whips.® ' Rose's Corr., 114, 157-174; Lord Stanhope's Life of Pitt, ir. App. vi. ; Lfird Colciiester's L)iarT, ii. 211. - Ros«'s Corr., 117 ; Lord Stanhope's Life of Pitt, iv, App. riii. ' Pellew'g Life of Lord Sidmouth, ii. 464 ; Mr. Pitt's Letter to thp King, Maj- 6th, lSi)4; Lord Stanhope's Life of Pitt, ir. App. xL • Hans. Dfb., V. 1013 ; see also Chap. XIL " Rose's Corr., ii. 122, 124, 141, 158, 160. Mr. Pitt was aniions that his friend and biographer. Dr. Tomline, Bishop of Lincoln, should be promoted to the See of Canterbury ; but the king insi.sted upon appointing I)r. Manners Sutton, Bishop of Norwich, notwith- standing all the solicitations of his minister. — Host's Corr., ii, 82, ■Jl, &c. ; Lord Stanhope's Life of Pitt, iv. 233, 252, and App. paiisiin. " Correspondence with Mr. Pitt. Lord Stanhope's Life, iv. App. pa- 1 1 • 1 • 1 1 • • ''"rouRh to 01 lingland, was associated with him, in the cabinet amanuensis; but prior to that time,, ho liad kept up a constant cor- respondence with successivo mini.stors, in liis own hand. ' Itosc's Corr., ii. 2;J6, - Twiss's Jjt'r of KIddM, i. olO; Lord Hfilhind, however, states 'The kin<^ walilxxl iJic pro^resK ot .Mr. Fox's disorder. Ho could liiinlly suppress his indecent exultation ut his death.' — Mem. of Whiij rarti/, ii, 49. • JVllew's Life of Lord Sidmouth, ii. 412. * Ihid., 424. » Jhid., 41(i ; Mr. Al.bot's Diary, 424. On the death of ]\lr. Fox, he became IVebideut uf thu Council. I04 Inflticiice of tJie Crown. order to give weight to liis councils.' It had been the policy of our laws to render the judges indepen- dent of the crown ; ^ and now the first criminal judge became one of its confidential advisers. Ministers were strong enough to defend this appointment in Parliament, where the precedent of Lord Mansfield was much relied on : but it was severely censured in debate, and condenmed by public opinion.^ Before the new ministry was completed, the king Difference alarmed at a supposed invasion of his Mngon^he prerogative. On the 1st Februaiy, Lord tilnrfthe Grenville proposed to his Majesty some changes in the administration of the army, by which the question was raised whether the army should be under the immediate control of the crown, through the commander-in-chief, or be subject to the super\-ision of ministers. The king at once said that the management of the army rested with the crown alone ; and that he could not permit his ministers to interfere with it, beyond the le\'ying of the troops, their pay and clothing. Lord Grenville was startled at such a doctrine, which he conceived to be entirely uucoustitutional, and to which he would have refused to submit. For some time it was believed that the pending ' Wilberforce's Life, iii. 256. Lord Eous said: 'Lord Sidmouth, with Lord EUenborough by his side, put him io niiud of a faithful old steward with his mastiflf, watching new servants, lest they should have some evil designs against the old family mansion.' — I'dlew's Life of Lord Sid/uouih, ii. 417. 2 13 Will. III. c. 32 ; 1 Gea lU. e. 2.3. ' Bans. Deb., vi. 308 ; Lord Campbell'.'; Lives of Chief Justices, ii. 451; Lives of the Chancellors, vi. 5K4 ; Pellew's Life of Lurd Sidmouth, ii. 417 > Lord Colchester's Diary, ii. 42; and see Chap. XVIU. The King and the Grenville Ministry. 105 ministerial arrangements would be broken off : but on the following day Lord Grenville presented a minute to his Majesty, stating that no changes in the management of the army should be effected without bis Majesty's approbation.' To the doc- trine thus amended, there could be no reasonable objection, and the king assented to it. The Grenville ministry maintained its ground, so long as it was tolerated at court : but Differences 1 ■ 1 1 1 1 • ? with the when it ventured to ofiend the kmg s re- king on the liirious scruples, it fell suddenly, like that Nav^ ° r ' J-> Service Bill, of Mr. Pitt in 1801.^ To conciliate the 1807. Catholics they proposed to remove some of the dis- qualifications of officers in the army and navy, being Koman Catholics and Dissenters : but in framing: the measure, ministers either neglected to explain its provisions with sufficient distinctness to the king, or failed to make themselves imderstood. After the bill had been introduced, as they believed, with his 'reluctant assent,' his Majesty's distaste for it became inflamed into violent disapprobation. To propose such a measure, however just and poli- tic, was a strange indiscretion. Knowing the king's repugnance to every concession to the Catholics, tliey might have profited by the experience of Mr. Pitt. The chancellor foresaw tlie danger they were incurring ; and with Lord Ellenborough and Lord Sidmouth, protested against the measure. The friends of tlie government called it an act of suicide.' ' Ann. Rpg., 1806, 26 ; Pcllcw's Life of Lord Sidmouth, ii. llC. » Sep Chap. XIL • MttlmcBbury's Corr., iv. 307, 379, 381-384; but seo Lord llnl- io6 Influence of the Crow7t. The king's friends, and the opponents of the Activity of ministry, did not neglect this favourable the king's , _ friends. Opportunity of turning his Majesty s well- known religious scruples to account ; but soon di- rected his personal influence against his ministers. On the 4th March, Lord Sidmouth 'apprised his Majesty of the nature and details of the measure ;' said he should himself oppose it ; and soon after- wards tendered his resignation to Lord Grrenville.' On the 12th, the Duke of Portland wrote to the king, expressing his belief that the measure had not received his Majesty's consent, and that it could be defeated in the House of Lords. 'But for this purpose,' said his grace, ' I must fairly state to your Majesty, that your wishes must be dis- tinctly known, and that your present ministers should not have any pretext for equivocating upon the subject, or any groimd whatever to pretend ignorance of your Majesty's sentiments and deter- mination, not only to withhold your sanction from the present measure, but to use all your influence in resisting it.' ^ Writing on the same day, his land's Mem., ii. 173, 181, 185. 'It seems to me as if therH> was some fatality or judieial blindnpss affoclinf; all we do.' Mr. U. Yorke to the Speaker. — Lord Colchester's Diai-;/, ii. 101. Wilberforee said they had no excuse, for they had run upon a rook which was above water. — Ihid.. 109. Shoritlan said ' lie had often lieard of people knocking out tlieir brains atjainst a wall, but never knew of anyone building; a wall expressly for the purpose.' - 3/»orc'.s' Life, ii. .'549. Lord Holland explains t'ully the difficulties of ministers in relation to the Catholics, and elaborately vindicates their conduct; but fails, I think, 10 show its prudence. - Mem. of Whilacing the House in the situation ' of sitting in judgment upon the personal conduct of their sove- reign.' But perhaps the best position for the cro^vn was that assumed by Lord Selkirk. The king, he said, could not be accountable to Parliament for his conduct in changing his advisers ; and the proposed pledge was merely a motive for such a change, be- yond the reach of parliamentary investigation. Another view was that of Lord Sidmouth. Admit- ting that for every act of the executive government there must be a responsible adviser, he ' contended that there wei'e many functions of the sovereign which, though strictly legitimate, not only might, but must be performed without any such responsi- bility being attached to them, and which must, therefore, be considered as the personal acts of the king. Of these the constitution does not take cog- nisance.''^ It was the object of tins ingenious argu- ment to absolve from responsibility both the king, who could do no wrong, and his present advisers, who, by accepting office, had become responsible for » Hans. D( b., 1st Ser., ix. 3j5-366. ' Ihid., 399. riie King and the Grenville Ministry. 1 1 5 the measures by which their predecessors had been removed. This unconstitutional position was well exposed by the Earl of Lauderdale, who felicitously cited the example of Lord Danby, in support of the principle that the king can have no separate respon- sibility. Lord Danby, having been impeached for offences committed as a minister, had produced in his defence, a written authority from the king him- self, but was yet held responsible for the execution of the king's commands: nay, the House of Com- mons voted his plea an aggravation of his offences, as exposing the king to public odium.' The same argmnent was ably enforced by Lord Holland. That for every act of the crowTi some adviser must be responsible, — could not, indeed, be denied : but the artifice of putting forth the king personally, and representing him as on his trial at the bar, — this repeated use of the king's name, was a tower of strength to the ministerial party.^ Lord Stafford's motion was superseded by the adjournment of the House, which was carried by a majority of eighty- one.' The question, however, was not yet suffered tu rest. On the 15th April, Mr. W. H. Lyt- „ , ' •'Mr. Lyttle- tleton renewed the discussion, in proposing 5s°j,^^p^°''' a resolution expressing regret at the late changes in his Majesty's councils. The debate added little to the arguments on either side, and was ' Hans. Deb., 1st Ser., ix. 40 'j, \ \ \. ' Komilly's Lift-, ii. 197. • Confeuts, 171 ; Non-contcnts, 90. Ilaos. Deb. 1st Ser., ix. Vl'l. I 2 1 1 6 Influence of Ihe Crown. brought to a close by the House resolving to pass to the orders of the day.* As a question of policy, it had obviously been a Impolicy of fulsc Step, ou thc part of the ministers, to the cabinet . . . j_ • • j_i minute. givc cxpressiou to their reservations, m tne minute of the cabinet. They had agreed to abandon the bill which liad caused the difference between themselves and his Majesty ; and, by virtue of their office, as the king's ministers, were free, on any future occasion, to offer such advice as they might think proper. By their ill-advised minute, they invited the retaliation of this obnoxious pledge. But no constitutional writer would now be found to defend the pledge itself, or to maintain that the ministers who accepted office in consequence of the refusal of that pledge, had not taken upon them- selves the same responsibility as if they had ad- vised it. Meanwhile, though this was the first session of a TiiedissoUi- new Parliament, a speedy dissolution was 1807. determined upon. Advantage was taken of the prevalent anti-Catholic feeling which it was feared might subside : but the main issue raised by this appeal to the country was the propriety of the recent exercii^e of prerogative. In uhe Lords Com- missioners' speech, on the 27th April, the king said he was ' anxious to recur to the sense of his people, while the events which have recently taken place are yet fresh in their recollection.' And he distinctly invited their opinion upon them, by declaring that *}je at once demonstrates, in the most unequivocal • /.yes, -IW ; Noes, 108. llaiifi. D.b., 1st Scr., i.x. 432-47(5. The Dissolution, 1 807. 117 manner, his own conscientious persuasion of the rectitude of those motives upon which he has acted, and aflfords to his people the best opportunity of testifying their determination to support him in every exercise of the prerogatives of his crown, which is conformable to the sacred obligations under which they are held, and conducive to the welfare of his kingdom, and to the security of the constitu- tion.' The recent exercise of prerogative was thus associated with the obligations of his coronation oath, so as to unite, in favour of the new ministers, the loyalty of the people, their personal attachment to the sovereign, and their zeal for the Protestant establishment. Without such appeals to the loyalty and religious feelings of the people, the influence of the crown was alone sufficient to command a majority for ministers ; and their success was complete. On the meeting of the new Parliament, amend- ments to the address were proposed in both Houses, condemning the dissolution, as Amemr'"'" founded upon 'groundless and injurious "rc"s2eth^" pretences;' but were rejected by large majorities.' The king's will had prevailed, and was not again to be called in question. His own power, ^he three confided to the Tory ministers henceforth [oTh7rt'"' admitted to his councils, was supreme. Though there was still a party of the king's friends,* his Majesty agreed too well with liis ministers, in ' In tlio Lords by a majority of 03, and in tlio Commons by a majority of 19;').— //nwa. /M., 1st Sor., ix. My-GSS. " Pellew'B Life of Loai SidmoiiUi, ii. lO'J; Komilly's Life, ii. 220. 1 1 8 Infliience of the Crown. principles and policy, to require the aid of irre- sponsible advisers. But this rule, once more absolute, —after the struggles of fifty years, — was drawing to a close. The will, that had been so strong and unbending, succumbed to disease ; and a reign in which the king had been so resolute to govern, ended in a royal ' phantom,' and a regency.' See infra, p. 207. 1 19 CHAPTEE II. TNFI.CENCE OF THE CROWN DTJRING THE KEGENCY, THE REIGJfS OP GEORGE IT., WILLIAM IV., AND HEE MAJESTY, QUEEN VICTORIA. The Prince Regent differed too much, in character and habits, from his royal father, to be in- character of clined to exercise the influence of the Regent, crown, with the same activity. George III., eager for power, had also delighted in business, to which he had trained himself from early youth.' With greater abilities, and superior education, the prince was fond of ease and pleasure, and averse to business. His was not the temperament to seek the labour and anxieties of public affairs : nor had power devolved upon him, until the ambitious spirit of youth had ceased to prompt liim to exertion. He loved the 'pomp and circumstance' of royalty, without its cares, But though disinclined to the daily toils which his father had undergone for fifty years, — and disposed, l)y indolence and indifference, to leave more dis- cretion to his ministers, in the ordinary affairs of state : yet whenever his own feelings or interests were concerned, his father himself had scarcely been more imperative. ' See debate, 14th April, 1812, on Col. jVI'iMahon'B appointment as Private .Secroiury to the Prince liegcnl. — Uans. Deb., 1st Sor. xxii. 'i'i2. T20 Influence of the Crown. The very qualities, however, which disinclined the Influence of P^'ii^ce to laborious activity, exposed him lus court. ^j^g more readily to the influence of his court. His father's will was strong, and full of energy : his own, inconstant and capricious. The father had judged for himself, with rude vigour and decision : the son, — impulsive, indolent, and mthout strength of principle or conviction, — was swayed by the advice of those nearest to his person. The early events of the regency displayed at once the preponderating influence of the crown, over all other powers of the state, and the subjection of the regent to the counsels of the court. To politics, apart from their relations to himself, „. the prince was indifferent : and his indif- hi^'poiiucai ference led to the same results, as the friends. kiug's strong predilections. He readily gave up the opinions, as well as the political friends of his youth. As to his friends, indeed, he had been separated from them for many years, by the French Kevolution : ' the death of Mr. Fox had more recently loosened the tie which had bound them together : the part taken by them against the Duke of York, had further relaxed it ; and the proud bearing of the great Whig leaders, — little congenial to the lighter manners of the court, — had nearly broken it asunder. But lately they had exerted ' Mr. Erskiiip, writing to Mr. Lee, 8th Feb. 1793, said : ' "We aro now plunging for nothing, or rather for mischief, into a calamitous war, in combination [not avowed) with the despots of the North, to restore monarchy in France. And as it is the cause of kings, our prince is drawn into it, and has taken his leave of all of us.'- - Rockingham Memoirs, ii. 127- The Regency. 1 2 1 themselves strenuously against the restrictions upon the powers of the regent, which the Government, following the precedent of 1788, had proposed; and their general views of policy were supposed to coin- cide with his own. Other circumstances pointed strongly to their being now called to office. The Perceval iir. PiTce- administration, which had owed its origin stration. to the king's dread of the Roman Catholic claims, was weak and disunited ; and while the leading statesmen of all other parties were favourable to the Roman Catholic cause, the sole merit of this ministry lay in their opposition to it. Mr. Perceval himself had been personally obnoxious to the prince, as the friend and adviser of his detested princess, Caroline of Brunswick : nor had the chancellor, Lord Eldon, been free from the same offence. The regent had also suspected the latter of keeping him at a distance from his father, and told his lordship afterwards ' that there was no person in the whole world that he hated so much, as for years he had hated him.'' The prince had further raised the expectations of the opposition, by confiding to Lord Gren- ^he prince ville and Lord Grey tlic drawing up of his ".^vlce'of"'* answer to the joint resolutions of tlie two vmeand^""' Houses on the conditions of the regency; and he, as suddenly, repressed these expectations })y rejecting their draft for another, — the composition of himself and Mr. Sheridan. This proceeding, so contrary to the views of these noblemen, as respon- ' Twiss's Lift' of Eklon, ii. 107, 198. 122 Influence of the Crown. sible advisers, di'ew from them a remonstrance, which, however constitutional in doctrine, was too lofty in its tone, and partook too much of the cha- racter of a lectm-e, to be altogether acceptable to the prince.' While the Eegency Bill was passing through Par- Hope of the lijiment, the prince had frequent communi- opposition. cations with the opposition. The plan of a new administration was concerted, and several of the principal places were allotted to the Whig leaders. So assured were they of their speedy ac- cession to power, that, jealous of the influence of Lord Moira and ]Mr. Sheridan, they were already in- sisting that the prince should engage to consult none but his future ministers.^ Nor were ministers less persuaded of the impending change.' The king himself, in his lucid intervals, was informed of it by his chancellor ; and was prepared to restore his Their (Us- old servants when he recovered.* But be- ufent."'" fore the Eegency Bill had received the royal assent, the queen addressed a letter to the prince, suggesting the serious consequences which a change of ministry might have upon the king's recovery. The prince accordingly acquainted Lord Grenville that the state of his Majesty's health prevented the removal of ministers : but that his ' Moore's Life of Sheridan, ii. 383, et seq. ; Court and Cabinets of the KcL'cncy, i. 21, ct seq. — Lord Colchester's Diary, ii. 307; Life Bud Opinions of Earl Grey 266, 431. - Rose Corr., ii 471-475 ; Life and Opinions of Earl Grey, 270. ' Twiss's Life of Lord Kldon, ii. 197. « Ibid., 477 ; Loi-d Colchester's Diary, i. 315. The Regent arid the Whigs. 123 confidence was entirely with his lordship, Lord Grrey, and his other friends.' When the restrictions upon the prince's power, as regent, were about to expire, and the king's His proposal recovery had become more improbable, it should join Mr, Perte- was still believed that he would, at length, vai! form a new administration consisting of the opposition leaders. He contented himself, however, with pro- posing, through the Duke of York, that ' some of those persons with whom the early habits of his public life were formed,' should agree to strengthen Mr. Perceval's administration, — a proposal which they could scarcely have been expected to accept.^ In suggesting this arrangement, he truly avowed that he had ' no predilections to indulge ; ' having now become as indifferent to the principles, as to the persons, of the Whig leaders. Restrained for a time, by the possibility of the king's recovery,' from making any changes. His es- he had easily become satisfied with exist- fronftSf"' Whig ing arrangements, — his contentment being leaders, increased by a liberal civil list. This result was imputed to secret counsels, — to the persuasion of the queen, the Hertford family, and the court. Parlia- ' Rose Corr., ii. 478, 479.— Life and Opinions of Earl Grey, 274. ' Hans. Deb., xiii. 39, n. Court and Cabinets of the Regency, i. 222. Lord Grenville, writine; to the Marquess of Buckingham, Feb. 13lh, 1812, said: ' The whole will end, 1 doubt not, in the continu- ance of Perceval, with Ca.stlerea<.'h and Sidmouth to help him. And this, I believe, is what Lord Yarmouth means, whose intentions are those which are alone of any consequence.' — Viid., 225. Mr. T. Grenville, to same, 14th Feb.— Ibid., 228. Romilly's Life, iii. 11; Lord Colchester 8 Diary, ii. 369; Plunjer Ward's Mem., i. 412; Life and Opinions of Earl Grey, 283. • Rose Corr., ii. 478, 47'J. 124 Infiiicnce of the Crown. ment and the press resounded with denunciations of these covert influences.' But the events of this Paramount period had a deeper import than the influence of. - tit • l the crown, mtngues 01 a court, and the disappoint- ments of a party. They marked the paramount in- fluence of the crown, in the government of the country. Here were the two great parties in the state looking to royal favoui- alone, as the source of their power. It was never doubted by ministers, that, if they retained the confidence of the prince regent, they would be able to command the support of Parliament. It was never doubted by the oppo- sition, that, if invited to accept office, they would be able to maintain their position as firmly as those ministers whom they were seeking to displace. Both parties were assured, that the support of Par- liament would follow the confidence of the crown. The Whigs had relied upon the personal friendship of the prince regent : but ministers, having sup- planted their rivals in court favoui', continued to govern the country with the acquiescence of an ob- sequious Parliament. There was no appeal, on either side, to political principles or policy, or to public service : but all alike looked upwards to the court. The Tory party happened to prevail ; and the ' Debate on Lord Boringraves, if she insults?" "Yes, sir, in any case, divorce is impossible. Other things may be trieid. ii. 103. 1G9, 211. Lord Colchester's Diary, iii. 304 ; Torrens, Life of Melbourue, L 324. The King and the Catholic Question, i^^j which he himself had professed when Prince of Wales, and which nothing could shake ; finally, assuring them that the recent ministerial arrange- ments were the result of circumstances, to his Majesty equally unforeseen and unpleasant.' ' And when political necessity had wrung from Sir Eobert Peel and the Duke of Wellington, a conviction that a measure of relief could no longer be withheld, it was with extreme diflBculty that they obtained his assent to its introduction.^ After he had given his consent, he retracted, and again yielded it : — at- tempted to deny, or explain it away to his anti- Catholic advisers : — complained of his ministers, and claimed the pity of his friends. ' If I do give my assent,' said he, ' I'll go to the baths abroad, and from thence to Hanover : I'll return no more to England. . . I'll return no more : let them get a Catholic king in Clarence.' Such had once been the threat of the stout old king, who, whatever his faults, at least had firmness and strength of will. But the king who now uttered these feeble la- mentations, found solace in his trouble, by throwing his arms round the neck of the aged Eldon.' And again, in imitation of his father, — having assented ' Speech of the Bishop of London at a dinner of the clergy of his diocese, 8th May, 1827 ; Court and Ciibinets of Georfie IV., ii. 324 ; Gentlcmun's Magazine, xcvii. 457 ; Lord Colchester's Diary, iii. 48(5; Ihid. iii. 496. On the 21st May, in r(|)ly to a question of Lord Ilarewood, the liishop of London stated in his place, that the news- paper account of his speech to the clergy was correct ; and thus the King's name was introduced into debate, and his opinions stated in Parliament. Iliid., iii. 508. - Peel's Jlein., i. 274, &c.; and see-Chap. XIII. » Twiss's I>ifo of Eldon, iii. 82-87 ; Peel's Mem., i. 343-350; Lord Colchester's Diary, iii. C07-G14. 138 Influence of the Crown. to the passing of the Act, which he had deliberately authorised his ministers to carry, — he gratified his animosity against those who had supported it, — particularly the peers and bishops, — by marked incivility at his levee ; while he loaded with at- tentions those \yho had distinguished themselves by opposition to the government.' This concession to the Roman Catholics, — which the ablest statesmen of all parties concurred in sup- porting, — had already been delayed for thirty years, by the influence of the crown. Happily this influence had now fallen into weaker hands ; or it might still have prevailed over wiser counsels, and the grave interests of the state. Hitherto we have seen the influence of the crown Rei-ni of invariably exercised against a liberal policy ■William r ■ • 1 i i-i • IV. and often against the rights and liberties of the people. But the earlier years of the reign of William IV. presented the novel spectacle of the prerogatives and personal influence of the king being exerted, in a great popular cause, on behalf of the His sup- people. At various times, small expedients liametto"' J^^d been tried with a view to restrain the reform. influence of the cro^vn : but the reform bill, by increasing the real power of the people in the House of Commons, was the first great measure calculated to effect that object ; and this measure, it was everywhere proclaimed that the king himself approved. The ministers themselves announced his Majesty's entire confidence in their policy, and his ' Twiss's Life of Eldon, iii. 88. See also Lecky, Hiit. of Eii^- larul, ch. ii. William IV. and Reform. 139 determination to support them ; ^ and the advocates of the cause, in every part of the country, declared that the king was on their side. Yet, in truth, the attitude of the king in regard to this measure, at first resembled that which his royal predecessors had maintained against a pro- gressive policy. When ministers first proposed to introduce it, he regarded it with dislike and appre-r hension : he dreaded the increasing influence and activity of the Commons, and, — alarmed by the spirit in which they had investigated the expendi- ture of his civil list, — he feared lest, strengthened by a more pojjular representatio-n, they should en- croach upon his own prerogatives and independence.'^ The royal family and the court were also averse to the measure, and to the ministers. But when his jNIajesty had given his consent to the scheme sub- mitted by the cabinet, he was gratified by its popu- larity, — in which he largely shared, — and which its supporters adroitly contrived to associate with his Majesty's personal character, and supposed political sympathies. He was still distrustful of his ministers and their policy ; yet while the tide of popular favour was running high, and no political danger was imme- diately impending, he gave them his support and countenance. On their side, they were not slow to take advantage of the influence of his name : they ' At tho Lord Jfayor'a Diiiiier, Easter Monday, 1831. Twiss's I-ifc of Kldon, iii. 126. - Kocbuck'H Hist, of tho Whig Ministry, ii. 27, 28 ; Corr. of Hurl Grey with Will. IV., i. 9, 17, 95, et seq., 113, 149; Ihid., ii. IGl. 140 Inflitencc of the Crown. knew that it would be a great aid to their cause ; and, sensible of the insecuiity of his favour, they took care that it should be widely proclaimed, as long as it lasted. Politicians like Lord Eldon, who, for forty years, had relied upon the influence of the crown to resist every popular measure, — even when proposed by its o^vn responsible ministers, — were now scandalised by this 'unconstitutional' cry.' Yet what did this cry, in truth, import ? The state of parties in Parliament, and of popular feeling in the coimtry, had brought into the king's service a ministry pledged to the cause of Parliamentary reform. To this ministry he had given his con- fidence. George III., by some bold stroke or cun- ning manoeuvre, would soon have set himself free from such a ministry. George PV., after giving a doubtful assent to their policy, would have reserved his confidence and his sympathies for their opponents: but William IV. at this time, took a part at once manly and constitutional. His responsible ministers had advised the passing of a great measure, and he had accepted their advice. They were now engaged in a fierce parliamentary struggle ; and the king gave them, — what they were entitled to expect, — his open confidence. So long as they enjoyed this confidence, he exercised his prerogatives and influence according to their counsels. His powers were used in the spirit of the constitution, — not independently, or secretly, — but on the avowed advice and responsi- bility of his ministers. > Twiss's Life of Eldon, iii. 126. Dissohition t?/" 1831. 141 The king was called upon, at a critical period, to exercise his prerogative of dissolving Parlia- Dissolution ment. In 1831, a new Parliament was yet in its first session : but having been assembled under the auspices of the late administration, before the popular feelings in favour of parliamentary reform had been aroused, it had become evident that a reform ministry, and this Parliament, could not exist together. The ministers, having been twice defeated in three days,' had no alternative but to resign their offices, or to appeal from the House of Commons to the people ; and they urged the necessity of an immediate dissolution. The time was full of peril, and the king hesitated to adopt the bold advice of his ministers ; ^ but when at length he yielded his assent,' the prerogative was exercised at once, and by the king in person.^ If there was something unseemly in the haste with which this was done, and imusual in the manner of doing it, — the occasion was one demanding the promptest action. Lord WhamcliflFe had given notice of a motion for an address to the king, remonstrating against a dissolution ; and his motion was actually under discussion in the House of Lords, when the ' First on General Grascoigne's amendment, 1 9th April, and after- wurds on » question of adjournment, 21st April. » Earl Gwy's Corr. with WilL IV., i. 158, 159, 166, 176, 178; see an able and ptattismanlike letter from Lord Durham upon the arguments ajiainst a dissolution, 22nd March, 1831, Earl Grey's Corr. with Will. IV. i. 193, n*,U. » Ear! Grey's Corr., i. 229. * For an account ol the interview between thr king and Lords Grey and Brougham, see Koehuck's llist. of the Whig Ministry, ii. 149, ft i -r* i mier, 1834. poscd upon liis minister, Sir Kobert Peel was unquestionably the man most likely to succeed. He perceived at once the impossibility of meeting the existing House of Commons, at the head of a Tory administration ; and the king was therefore advised to dissolve Parliament. So completely had the theory of ministerial re- Assumestho sponsibllity been now esbablished, that, f^itrotthe though Sir Robert Peel was out of the king's acts, pg^lm when the late ministers were dis- missed, — though he could have liad no cognizance ' Duke of Wellington's Explanations, Feb. 24, 1835 ; Hans. Deb., 3rd Scr., xxvii. 85. ^ U. B. reprtspntod the duke, in niultiform characters, occupying evei-y seat at tlio C'juncil Board. Sir Robert Pcet s Minish'y, 1S35. 151 of the causes which induced the king to dismiss them, — thousrh the Duke of Wellington had been invested with the sole government of the country, without his knowledge, — he yet boldly avowed that, by accepting office after these events, he became con- stitutionally responsible for them all, — as if he had himself advised them.' He did not attempt, like the ministers of 1807, to absolve himself from cen- sure for the acts of the crown, and at the same time to denounce the criticism of Parliament, as au arraignment of the personal conduct of the king : but manfully accepted the full responsibility which had devolved upon him. The minister could scarcely have expected to ob- tain a majoritv in the new Parliament: The new 111 1 • 1 " • • r- Parliament. but he relied upon the reaction m favour i835. of Tory principles, which he knew to have com- menced in the country, and which had encouraged the king to dismiss Lord Melbourne. His party was greatly strengthened by the elections : but was still unequal to the force of the opposition. Yet he hoped for forbearance, and a 'fair trial ; ' and trusted to the eventual success of a policy as liberal, in its general outline, a.s that of the Whigs. But he had only disappointments and provocations to endure. A hostile and enraged majority confronted him in the House of Commons, — comprising every section of the ' liberal party,' — and determined to give him no quarter. He was defeated on the election of the Speaker, where at least he had deemed himself ' Hans. Deb., 3rd Ser., xivi. 216, 223. Influence of the Crown. secure ; and again upon the address, ■when an amend- ment was voted condemning the recent dissolution as unnecessary ; ' and, — not to mention minor dis- comfitures, — he was at length defeated on a resolu- tion, affirming that no measure on the subject of tithes in Ireland would be satisfactory, that did not provide for the appropriation of the surplus revenues of the Irish Church.* These few weeks formed the most brilliant episode Efforts of in Sir Robert Peel's distinguished parlia- Sir Robert i . i i Peel. mentary career. He combined the temper, tact, and courage of a gTeat political leader, with oratory of a higher order than he had ever pre- viously attained. He displayed all the great qualities by which Mr. Pitt had been distinguished, in face of an adverse majority, with a more con- ciliating temper, and a bearing less haughty. Under similar circumstances, perhaps, his success might have been equal. But Mr. Pitt had still a dissolu- tion before him, supported by the vast influence of the crown : Sir Robert Peel had already iried that ventiu-e, under every disadvantage : he found the king's confidence a broken staff, — and no resource was left him, but an honourable retirement from a hopeless struggle.' ' It lamented that tlie progress of ' reforms should have been interrupted and endangered by the unnecessary dissolution of a Par- liament earnestly intent upon the vigorous prosecution of measures, to which the wishes of the people were most anxiously and justly directed.' — Cora. Journ., xc. 8. Hans. Deb., xxvi., 3rd Ser., 26, 151, 410, 425. - Com. Journ., xc. 208. ' See Tool's Alem., ii. 44-48 : Lord Stanhope's Life of Pitt, i. 211 ; rorrons. Life of Melbourne, ii. 68 et seg. Sir Robert PccVs Ministry, 1835. 153 He resigned, and Lord Melbourne s government, with some alterations, was reinstated. The stroke of prerogative had failed ; and its failure offers an instructive illustration of the cauSJ'ofWs effects of the Eeform Act, in diminishing the ascendent influence of the crown. In George the Third's time, the dismissal of a ministry by the king, and the transfer of his confidence to their opponents, — followed by an appeal to the country, — would certainly have secured a majority for the new ministers. Such had been the effect of a dissolution in 1784, after the dismissal of the coalition ministry: such had been the effect of a dissolution in 1807, on the dismissal of Lord Grenville. But the failure of this attempt to convert Parliament from one policy to another, by the prerogative and influence of the crown, proved that the opinion of the people must now be changed, before ministers can reckon upon a conversion of Parliament. It is true that the whole of these proceedings had been ill advised on tlie part of the king, even in the interests of the party whom he was anxious to serve : but there had been times within the memory of many statesmen tlien living, when equal indiscretion would not have incurred the least risk of defeat. Tlie second ministry of Lord Melbourne, though rapidly sinking in the estimation of tlieir L„rdMei. own supporters, — and especially of the ^"^nj " extreme, or radical party,— while their opponents were gaining strength and popularity in the country, — continued in office during the two 1 54 Infliience of the Crown. remaining years of the king's reig-n, without recover- ing his favour.' Her Majesty, on her most auspicious accession to Accession the thronc, findine: them the ministers of her Ma- " jesty, 1837. the crowu, at once honoured them with her entire confidence. The occasion was especially favourable for ministers to secure and perpetuate such confidence. The young queen, having no political experience, was without predilections ; and the impressions first made upon her mind were Her house- likely to be lasting. A royal household was immediately to be organised for her Majesty, comprising not merely the oflBcers of state and ceremony ; but, — what was more important to a queen, — all the ladies of her court. Ministers appointed the former, as usual, from among their own parliamentary supporters ; and extended the same principle of selection to the latter. Nearly all the ladies of the new court were related to the ministers themselves, or to their political adherents. The entire court thus became identified with the ministers of the day. If such an arrange- ment was calculated to ensure the confidence of the crown, — and who could doubt that it was ? — it necessarily involved the principle of replacing this household with another, on a cliauge of ministry. This was foreseen at the time, and soon afterwards became a question of no little constitutional diffi- culty. The favour of ministers at court became a subject ' Courfs and Cabinets of Will. IV., &c., ii. 186 ; Lord S3'denhara's MS. Diary, kindly lent nio by Mr. I'oulett iScrope. M.P. Th& Bedchamber (Question, 1839. ij5 of jealousy, and even of reproach, amongst their op- ponents : but the age had passed away, in The • Bed- ^ or J' chamber which court favour alone could uphold a Question." falling ministry against public opinion. They were weaker now, with the court on their side, than they had been during the late reigTi, with the influence of the king and his court opposed to them ; and in May, 1839, were obliged to offer their resignation. Sir Robert Peel, being charged with the formation of a new administration, had to consider tlie peculiar position of the household. Since Lord Moira's memorable negotiations in 1812, there had been no difficulties regarding those offices in the household, which were included in ministerial changes : but the court of a queen, constituted like the present, raised a new and embarrassing question.' To remove from the society of her Majesty, those ladies who were immediately about her person, appeared like an interference with her family circle, rather than with her household. Yet could ministers undertake the government, if the queen continued to be sur- roimded by the wives, sisters, and other near rela- tives of their political opponents ? They decided that they could uot ; and Sir Eobert Peel went to the palace to ac(iuaint her Majesty that the ministerial changes would comprise the higher offices of her court occupied by ladies, including the ladies of her bedchamber. The queen met him by at once declaring that she could not admit any change of the ladies of her household. On appealing to Lord " Hans. Dib., .'^. r., xlvii. 980, sai,, and see sujpra, p. r26. Infltience of tJie Ctowu. John Russell on this subject, her jMajesty was assured that she was justified, by usage, in declining the change proposed ; and afterwards, by the advice of Jjord Melbourne and his colleagues, she addressed a letter to Sir Robert Peel, stating that she could not ' consent to adopt a course which she conceived to be contrary to usage, and which was repugnant to her feelings.' ' Sir Robert Peel, on the receipt of this letter, wrote to her Majesty to resign the trust he had undertaken : stating that it was essential to the success of the commission with which he had been honoured ' that he should have that public proof of her Majesty's entire support and confidence, which would be afforded by the permission to make some changes in that part of her Majesty's house- hold, which her Majesty resolved on maintaining entirely without change ' ^ By a minute of the cabinet, immediately after these events, the ministry of Lord Melbourne recorded their opinion ' that for the purpose of giving to the administration that character of efficiency and stability, and tliose marks of constitutional support of the crown, which are required to enable it to act usefully to the public service, it is reasonable that the great offices of the court, and situations in the household held by members of Parliament, should be included in the political arrangements made on a change of the administration ; but they are not of opinion that a similar principle sliould be applied, or extended, to ' Hans. Deb., 3rd Series, xlvii. 985. » Ibid., 986. The Bedchamber Question, 1835. 157 ihe offices held by ladies in Her Majesty's house- hold.' ' lu the ministerial explanations which ensued, Sir .Robert Peel pointed out forcibly the difficulties which any minister must be prepared to encounter, who should leave about her iNIajesty's person the nearest relatives of his political opponents. It had not been his intention to suggest the removal of ladies, — even from the higher offices of the household, — who were free from strong party or political con- nection : but those who were nearly related to the outgoing ministers, he bad deemed it impossible to retain. Ministers, on the other hand, maintained that they were supported by precedents, in the advice which they had tendered to her Majesty. They referred to the examples of Lady Sunderland and Lady Rialton, who had remained in the bed- chamber of Queen Anne, for a year and a half after the dismissal of their husbands from office ; and to the uniform practice by which the ladies of the household of every queen consort had been retained, on changes of administration, notwithstanding their close relationship to men engaged in political life. Ministers also insisted much upon the respect due to the personal feelings of her Majesty, and to her natural repugnance to sacrifice licr domestic society to political arrangements.'^ The 'Bedchamber Question' saved Jjord Mil- irans. Deb.. Srd Scr., xlvii. 1001 ; Courts and CiiUinots of Will. IV. iuid Ciucon \'ii-toriii, ii. 383: Lord Sydcriliam's MS. JJinry. 'Jtb Piiid mil May, isnt); Torrcns, Lilo of .Mulliounio, ii. 300 c< llaii.s. Dub., 3rd Series, xlvii. i)7'J. 1008. 158 Iiiflueiice of the Crown. bourne's government for a further term. Sir Robert Increasied Peel had eyperienced the evil consequences WGslCTJC^S of Lorii Mel- of the late king's premature recall of his bourne's 1 i ■ . i govemment. party to office ; and his prospects in the country were not even yet assured. The imme- diate result of the bedchamber question was, there- fore, not less satisfactory to himself than to min- isters. The latter gained no moral strength, by owing their continuance in office to such a cause ; while the former was prepared to profit by their increasing weakness. The queen's confidence in her ministers was undiminished ; yet they continued to lose ground in Parliament, and in the country. In 1841, the opposition, being fully assured of their growing strength, obtained, by a majority of one, a resolution of the Coirmons, affirming that mini- sters had not the confidence of the House ; and ' that their continuance in office, imuer such cir- cumstances, was at variance with the spirit of the constitution.' The country was immediately ap- pealed to upon this issue ; and it soon became clear that the countiy was also adverse to the ministers. Delay had been fatal to them, while it had assured the triumph of their opponents. At the meeting of the new Parliament, amendments to the address were agreed to in both Houses, by large majorities, repeat- iiiht of nominating four members of the council of regency : but on the 29th April, he sent a message to the Lords, desiring that his four brothers and his uncle, the Duke of Cumberland, should be specified in the bill ; and reserving to himself the nomination of other persons, in the event of any vacancy.* The bill was read a second time on the following day. But first it was asked if the queen was naturalised, — and if not, whether she could lawfully be regent. This question was referred to tlie judges, who were unanimously of opinion, ' tliat an alien married to a king of Great ' riirl. Hist,., xvi. 53. ' Walpiiki's Mi'tii., ii. 109 ; Lords' Joiirn., xxxi. 162. A nicmorial by Lord Lytti lluii says, ' Whilo the bill was in the Houso of Lonls, the (-•latisi' tKiMiiiif; tho kiiifr's l)rotho!-s was coiiocrtcd, willi the J)uko of (-'umbcrlaiid, luilviiDWii tu tlio ministry till llio kiiif^ sunt to tlu ni. They, to return llio coniiilinicnt, framed the flauso for omittinp; tlio rinct'Hs dowa^riT, and [nocuryd llio king's constnt to it.' — liockiny- um Mem., i. 1S3. 172 Illnesses of George the Third. Britain is, by operation of the law of the crown (which is a part of the common law), to be deemed a natural-born subject from the time of such mar- riage ; so as not to be disabled by the Act of the 12th William III., or by any other Act, from hold- ing or enjoying any office or place of trust, or from having any grant of lands, &c., from the crown.' ' Then, suddenly a doubt arose whether the king's mother, the Princess of Wales, was comprehended in the ' royal family ' or not. It was suggested that this term applied only to members of the royal family in the line of succession to the crown, and would not extend beyond the descendants of the late king,2 There can be no question that the king, in his speech, had intended to include the princess ; and even the doubt which was afterwards raised, was not shared by all the members of the cabinet, — and by the Lord Chancellor was thought un- founded.^ Whether it had occurred to those by whom the words had been suggested to the king, is doubtful. On the 1st May, Lord Lyttleton moved an address, prayino- the kin"' to name the recent, which Exclnsion y -i ^ o o ' of the -vvas rejected. On the 2ud, the Duke of ot Wales. Richmond moved an amendment in com- mittee, defining the persons capable of the regency to be the queen, the princess dowager, and the descend- ants of the late king. Strange as it may seem, the ministers resisted this amendment, and it was ' Lords' Journ., xxxi. 171- = Grciivillo I'apcrs (.Diiirj), iii. 125-148; Wiili^olo's Mora., iL 118. > Ibid., 118. Regemy Act, 1765. 173 negatived.' The doubt which had thus been raised oncerning; the Princess of Wales had not been re- moved, -when, on the following day, Lord Halifax and Lord Sandwich had an audience of the king, and represented, that if the Lords should insert tlie princess's name in the bill, the Commons would strike it out ajjain : and that such an insult miffht best be avoided by not proposing her name at all.' The king was taken by surprise, and either misun- derstood the proposal, or failed to show his usual firmness and courage in resisting it.' Lord Halifax at once proceeded to the House of Lords, and moved the re-commitment of the bill, according to the alleged wishes of his Majesty, in order to make an amendment, which limited the regency to the queen, and the descendants of the late king, usually resi- dent in England. Thus, not satisfied with gaining their point, ministers had the cruelty and assurance to make tlie king himself bear the blame of pro- posing an aflfront to his own mother, Well might Horace Walpole exclaim : ' And thus she alone is rendered incapable of the regency, and stigmatised by Act of Parliament I' * The king had no sooner given his consent than he recoiled from its consequences, — complained tliat he had been betrayed, — and endeavoured to obtain the insertion of his mother's name. He could gain no satisfaction from his ministers but in the Com- ' Pari. Hist., xvi. .55 ; Rockingham Mem., i. 183. ' W'alpoli-'s Mem., ii. 125. ' Grenviiie Papers (Diary), iii. 149, and 151, n. * Letter to Lord Hertford, Mav 5th. ' • The king seemed much itgituted, and leit the force of what Mr. 1 74 Illnesses of George tJie Third. mons, the friends of the Princess, encouraged by the king himself, took up her cause; and, on the motion of Mr. Morton, Chief Justice of Chester, which was not opposed by the ministers, — her name was in- ner name serted in the bill. The king had been as- replaced in the bui. sured that the Commons would strike it out : and yet, after the House of Lords had omitted it, on the supposed authority of the king himself, there were only thirty-seven members found to vote against its insertion, while one hundred and sixty-seven voted in its favour ; ' and in this form the bill passed. Could any lover of mischief, — could "Wilkes him- self, — have devised more embarrassments and cross piu-poses, than were caused by this unlucky Regency Bill? Faction and intrigue had done their worst. The Regency Act provided for the nomination by Provisions ^^"S'' "ndcr his sign-manual, of the gency Act, ^uecu, the Priucess of Wales, or a member of the royal family descended from the late king, to be the guardian of bis successor, while under eighteen years of age, and ' Regent of tlie kingdom,' and to exercise the royal power and pre- rogatives. His nomination was to be signified by three instruments, separately signed and sealed iip, and deposited with the Archbishop of Canterbury, Grenville said in rpgard to the different directions given to bis ser- Viints in tiie two Ileuses, but still enforced the urgiimcnt of this being moved by the gentlemen of the Opposition. The king was in the ulmost degree of agitation and emotion, even to tears.' — A/r. GrenvUk'^ Diari/, ilay 5th, 1705; Grenville Papers, iii. 154. ' Mr. Grennlle's Report of the Debate to the King ; Grenville Papers, iii. 25, w. ; Walpole's Mem. George 111., ii. 129-146. » 6 George III. c. 27. Proceedings m 1 788, 175 -the Lord Chancellor, and the President of the Coun- cil. It attached the penalties of praemunire to any one who should open these instruments during the king's life, or afterwards neglect or refuse to produce them before the privy council. It appointed a council of regency, consisting of the king's brothers and his uncle, the Duke of Cumberland, and several- great oflBcers of church and state, for the time being. In case any of the king's brothers or his imcle should die, or be appointed regent, it gave the king the power of nominating another person, being a natural- bom subject, to the council of regency, by instru- ments in the same form as those appointing the regent. The act also defined the powers of the regent and council. On the demise of his Majesty, the privy council was directed to meet and proclaim his successor. The king's next illness was of longer duration, and of a more distressing character. It The king's was the occasion of another Regency Bill, i7!v'>-9. and of proceedings wholly unprecedented. In the summer of 1788, the king showed evident symptoms of derangement. He was able, however, to sign a warrant for the further prorogation of Parliament by commission, from the 25th September to the 20th November. But, in the interval, the kioL^'s malady increased : he was wholly deprived of reason, and placed under restraint ; and for several days his life was in danger.' As no authority could now be ' Tomlinps Life of Pitt, ii. 363; Lortl Aucklnnd's Corr., ii. 240-298 ; MadHmo D'ArMay's DiHry. iv. 275, ct seq. ; Moore's Life of SheriduD, ii. 21. At buob times as these, puliiical events pressed 176 Illnesses of George the Third. obtained for a fmiher prorogation, both Houses as- sembled on the 20th November, though they had not been summoned for despatch of business, and no causes of summons could be commimicated to them, in the accustomed manner, by a speech from the throne. These circumstances were explained in both Houses ; and, on tlie suggestion of ministers, they agreed to adjourn for a fortnight, and to sum- mon all their members, by circular letters, to attend at their next meeting.' According to long-estab- lished law. Parliament, without being opened by the crown, had no authority to proceed to any business whatever : but the necessity of an occasion for which the law had made no provision, was now superior to the law ; and Parliament accordingly proceeded to deliV)erate upon the momentous questions to which the king's illness had given rise. In order to afford Parliament authentic evidence Examina- ^'^^ king's Condition, his five physicians king'sphy- Were examined by the privy council on the Bicians. 3j.^j December. They agreed that the king was then incapable of meeting Parliament, or of at- tending to any business ; but believed in the proba- bility of his ultimate recovery, although they could not limit the time. On the following day this evi- heavily on the king's mind. He said to Lord Thurlow and tlio Duke of Leods, ' Whatever you and Mr. Pitt may think or feel, I, that am liorn a genth'nian, shall never lay my head on my last pillow in peace and quiet as long as I remembei- the loss of my American colonies.' — Lord Malm. (Jorr., iv. 21. On a later occasion, in 180], the king's mind showed equally strong feelings as to the supposed dangers of the Church. ' Pari. Hist., xxvii. 653, es."). The House of Commous was alflo ordered to be called over on that day. Proceedings in I 'J 177 diuce was laid before both Houses : but as doubts were suggested whether Parliament should rest satis- fied without receiving the personal testimony of the physicians, it was afterwards agreed that a committee should be appointed, in each House, for that pur- pose. In the Lords the committee was nominated by ballot, each peer giving in a list of commit- twenty-one names.' Meanwhile all other pointed, business was suspended. In the Commons, tha speaker even entertained doubts whether any ne\^ writs could be issued for supplying the places of members deceased : but Mr. Pitt expressed a decided opinion, ' that though no act could take place which required the joint concurrence of the different branches of the Legislature, yet each of them in its separate capacity was fully competent to the ex- ercise of those powers which concerned its own ordeis and jurisdiction.''* And in this rational view the House acquiesced. Tlie reports of these committees merely confirmed the evidence previously given before the commit- privy council; and the facts being thus es- tablished, a committee was moved for, in p'""^'-'''™'^- either House, to search for precedents ' of such pro- ceedings as may have been had in case of the per- sonal exercise of the royal authority being prevented or interrupted by infancy, sickness, infirmity, oi otherwise, with a view to provide for the same.' When this motion was made in the Commons, ]SIr. Fox advanced the startling opinion that the Prince of Wales bad as clear a ' Piul. Hist., xxvii. C58. ' Ibid., C88. VOL. I. N I Illnesses of George tJie Third. riglit to exercise the power of sovereignty during the king's incapacity, as if the king were actually dead ; and that it was merely for the two Houses of Parliament to pronounce at what time he should commence the exercise of his right.' To assert an absolute right of inheritance durinof his father's life, in defiance of the well-known rule of law, ' nemo est hceres viventis^ was to argue that the heir-at- law is entitled to enter into possession of the estate of a lunatic ; and while it amounted to a deposition of the king, it denied the constitutional rights of Parliament. !Mr. Pitt, on the other hand, main- tained that as no legal provision had been made for carrying on the government, it belonged to the Houses of Parliament to make such provision. He even went so far as to affirm, that, ' unless by their decision, the Prince of Wales had no more right — speaking of strict right — to assume the government, than any other individual subject of the country,'* — a position as objectionable in one direction, as that of Mr. Fox in the other,' — and which gave great umbrage to the prince and his friends. And here the two parties joined issue. When next this matter was discussed, Mi. Fox, being sensible that he bad pressed his doc- the?ig^toof trine of right beyond its constitutional the Prince. ]jjnits^ somcwhat receded from his first ground. He now spoke of the Prince having a ' Pari. Hist., xxrii. 707. * Bid., 709. • Lord John Russell sa3'8, ' The doctrine of Mr. Fox, the popular leader, went far to set aside the constitutional authoril v of Parlin- mcnt, while that of Mr. Pitt, the orpran of the Crown, tended to shake the stability of thw monarchy, and to peril the great rule of hereditary succeasiau.' — Fox Man., ii. 2,ij'i. Proceedmzs 171 1788. 179 legal claim rather than a right to the regency ; and contended that it was for Parliament to adjudicate upon that claim, which, when allowed, would become an absolute title to the exercise of all the rights of sovereignty, without any limitation. He declared that he spoke merely his o\vn opinion, without any authority ; but that if he had been consulted, he should have advised a message from the prince, stating his claim, to be answered by a joint address of both Houses, calling upon him to exercise the prerogatives of the crown. It was now his main position that no restrictions should be imposed upou the powers of the regent. But here, again, Mr. Pitt joined issue with him ; and while he agreed that, as a matter of discretion, the Prince of Wales ought to be the regent, with all necessary authority, — unrestrained by any permanent council, and with a free choice of his political servants ; he yet con- tended that any power not essential, and which might be employed to embarrass the exercise of the king's authority, in the event of his recovery, ought to be withheld.' And as the question of right had been raised, he insisted that it ought first to be determined, — since if the right should be held to exist. Parliament having adjudicated upon such right, need not deliberate upon any further mea- sures. The same questions were debated in the House of Lords, where the Duke of York said that „ The Pnnce no claim of ri'4it had been made on the "f ^'"''^ part of the prince, wlio ' understood too well ' Dec. 12ih. r:irl. Hist., xxvii. 727. M 2 T 80 Illnesses of George the Third. the sacred principles which seated the house of Brunswick on the throne, ever to assume or exercise any power, be his claim what it might, not derived from the will of the people, expressed by their re- presentatives and their Lordships in Parliament assembled.' His Royal Highness, therefore, depre- cated the resolution of ministers to press for any decision on that point, — in which the Duke of Gloucester concmTed.' Meanwhile, the Prince, greatly offended by Mr. The Prince I^i^t's couduct, wrote to the chancellor Mn'pitfs^ complaining that the premier had publicly conduct. announced so much of his scheme of re- gency, and was prepared, as he conceived, to lay it still more fully before Parliament, without having previously submitted it to his consideration. He desired that Mr. Pitt would send him, in writing, an outline of what he proposed. Mr. Pitt imme- diately wi'ote to the prince, explaining his own con- duct, and stating that it was not his intention to propose any specific plan until the right of Parlia- ment to consider such a plan had been determined ; and that he would then submit to his Royal High- ness the best opinions which his Majesty's servants liad been able to give.^ On the 16th December, the House resolved itself Mr pitt'B ^^^"^ ^ committee on the state of the na- iwryrcso- ^iou, whcu Mr. Pitt again enforced the lutiona. right of Parliament to appoint a regent, — fortifying his position by reference to the report of ■ Tiirl. Hist., xxvii. 678, 684. » Tomliue'a Life of Pitt, ii. 388 ; whoro the letter is printed at IcDsth. Proceedings in 1788. iSi precedents,' which had then been received, — and argu- ing ably and elaborately that neither law, precedent, nor analogy could be found to support the claim which had been urged on behalf of the Prince of Wales. He concluded by moving three resolutions ; affirming, firstly, that the personal exercise of royal authority was interrupted ; secondly, the right of the two Houses to supply this defect of the royal authority in such manner as the exigency of the case may seem to require ; and, thirdly, the ne- cessity of ' determining the means by which the royal assent may be given to bills passed by the two Houses respecting the exercise of the powers of the crown, during the continuance of the king's indisposition.' Mr. Fox argued, ingeniously, that the principles maintained by I\Ir. Pitt tended to make the mon- archy elective instead of hereditary ; and that if Parliament might elect any one to be regent, for whatever time it thought fit, the monarchy would become a republic. Nor did he omit to seek for support, by intimations that he should be Mr. Pitt's successor, under the regency.* On the report of these resolutions to the House,' Mr. Pitt explained, — in reference to his third reso- lution, which had not been clearly understood, — that he intended, when the resolutions had been agreed to by both Houses, to propose that the Lord Cliancellor should be empowered by a vote ' CommoiiH' Journ., xliv. 11 ; Lords' Journ., xxxviii. 276. » Pari. lli«t., xxvii. 731-778. • Ibid., 782 ; Twiss's Life of ElJon, i. 191. 1 82 Illnesses of George the Third. of the two Houses, to affix the great seal to com- missions for opening the Parliament, and for gi\'ing the royal assent to a Eegency Bill. The jjropriety of this singular course of proceeding was much questioned : but, after long debates, the reso- lutions were agreed to, and communicated to the House of Lords at a conference. In that House the same questions were debated, and Lord Eawdon moved as an amendment, an address to the Prince of Wales, praying him ' to take upon himself, as sole regent, the administration of the executive government, in the king's name.' Lord Chancellor Thurlow, — though faithless to his colleagues, and intriguing, at the very time, with the queen and the Prince of Wales,' — supported the ministerial position with great force. In answer to Lord Eaw- don's amendment, he 'begged to know what the term " regent " meant ? where was he to find it defined ? in what law-book, or what statute ? He had heard of custodes regni, of lieutenants for the king, of guardians, and protectors, and of lords justices: but he knew not where to look for an ex- planation of the office and functions of regent. To what end, then, would it be to address the prince to take upon himself an office, the boundaries of which were by no means ascertained ? . . . . What was meant by the executive government ? Did it mean the whole royal authority? Did it mean the power of legislation ? Did it mean all the sovereign's ' Nicholl's Rocollectious, 71 ; Tomline's Life of Pitt, iii. c. 14; Wilbrrt'orcc's Lifc, i. App. ; Moore's Life of Sheridan, ii. 31 ; Lord Campbell's Lives of Cliiiucellors, v. 683, et seq. ; Lord Stanhope's Lifu tif I'ltt, 390-403. Proceedings ill 1788. 183 functions without restriction or limitation of any kind whatsoever ? If it did, it amounted to the actual dethroning of his Majesty, and wresting the sceptre out of his hand.' ' All the resolutions were agreed to : but were followed by a protest signed by forty-eight peers.^ The perplexities arising out of the incapacity of the sovereign, — the constitutional source peatuof and origin of authority, — were now in- Ip^g, creased by the death of Mr. Cornwall, the comwau. Speaker of the House of Commons. His Majesty's leave could not be signified that the Commons should proceed to the election of another speaker ; nor could the new speaker, when elected, be pre- sented for the king's approval. But the necessity of the occasion suggested an easy expedient : and both these customary formalities were simply dis- pensed with, without any attempt to assume the appearance of the royal sanction.' All these preliminaries being settled, Mr. Pitt now submitted to the Prince of Wales the pj^^ plan of regency which he intended to pro- ^,^™ne\'o^ pose. The limitations suggested were prince, these : — that the care of the king's person and ' Purl. Hist., xxvii. 885. The oiBce of regent, however, does not appear to be wholly without recoi^nilion, as contended by the chan- cellor and others. On the accession of Henry III., a minor, the great council of the nation, assembled at Bristol, appointed the Earl of Pembroke regent, as ' Rector Regis el Reyni' (Matthew Paris, Wats' 2nd Ed., p. 215 ; Carte's History of ling., ii. 2) ; and when the l)uke of York was appointed protector by the Parliament during the ill- ness of Hon. VI., it is entered in the rolls of Parliament that th" title of regent was not given him, because ' it emjmrlcd auctorite of gourrnauinc "f the lande.' — Rot. Pari., v. 242, a.d. 1454 ; liymer'a Fredera, v. 55. • Pari. Hist., xxvii. 901. • Ibid., 903, 1160. 1 84 Illnesses of George the Third. household, and the appointment of officers and ser- vants should be reserved to the queen : — that the regent should not be empowered to dispose of the real or personal property of the king, or to grant any office in reversion, or any pension or office, otherwise than during pleasui-e, except those which were required to be gi-anted for life, or during good behaviour ; or to bestow any peerage except upon his Majesty's issue, having attained the age of twenty-one.' These limitations were suggested, he said, on the supposition that the king's illness would not be of long duration, and might afterwards be re- vised by Parliament. The prince's reply to this communication was a The prince's ^lost skilful Composition, written by Bm"ke and revised by Sheridan. ^ He regarded the restrictions as ' a project for producing weak- ness, disorder, and insecurity in every branch of the administration of affairs, — a project for dividing the royal family from each other, for separating the court from the state, — a scheme disconnecting the authority to command service, from the power of animating it by reward, and for allotting to the prince all the invidious duties of government, with- out the means of softening them to the public, by any act of grace, favour, or benignity.' And he repudiated as unnecessary, the restriction upon his granting away the king's property, — a power which he had shown no inclination to possess.' ' Tomline's Life of Titt, ii. 422; Piirl. Hist., xxvii. 909. -' Mooro's Life of Sheridan, ii. 50. Lord Stanhope assigns the authorship to Mr. Hurke alone. — Life uf Vitt, ii. 18. » Tomline's Life of Pitt, ii. 425 ; Pari. Hist., xxvii. 910. Proceedings in 1788. 185 But before Mr. Pitt was able to bring liis pro- posals before Parliament, fresh discussions Furtner inquiries were raised by the opposition on the state conceming the king s of the king's health, which resulted in i^eaitu. another examination of his physicians by a select committee. The inquiry lasted for several days : but while it disclosed much party spirit, intrigue, and jealousy, it established no new facts concerning the probable recovery of the royal patient.' The least hopeful physicians were popular with the opposition : the more sanguine found favour witli the court and ministers. At length, on the 19th January, Mr. Pitt moved in committee on Further re- . 1 . ~ , 1 . « , . solutions on the state 01 the nation, live resolutions on theregencj-. which the Eegency Bill was to be founded. After animated debates they were all agreed to, and com- municated at a conference to the Lords, by whom they were also adopted: but not without a protest signed by fifty-seven peers, headed by the Dukes of York and Cumberland. The next step was to lay these resolutions before the prince ; and to ascertain whether he j^jj ^^^^^^^ would accept the regency, with the con- ^^"^ ditions attached to it by Parliament. The resolu- tions were accordingly presented by both Houses; and the prince, out of respect for his father, the in- terests of the people, and the united desires of tlic two Houses, consented to undertake the trust, though he felt the difficulties which must attend its execution. The resolutions were also presented to the queen and received a gracious answer.' ' Commons' Journ., xliv. 47. ' Turl. Hist., xxvii. 1122. J 86 Illnesses of Gcoj'ge the Third. Another technical difficulty was still to be over- commis- come before the Eegency Bill could, at last, opening be introduced. Parliament had not yet tiient. been opened, nor the causes of summons declared, in a speech from the throne, — formalities always held to be essential to enable Parliament to proceed with its legislative business. It was now Jan 31 proposed, by a vote of both Houses, to au- thorise the passing of letters patent imder the great seal, for the opening of Parliament by commission. The necessity of adopting this ex- pedient had been already intimated, and had been described as a ' phantom ' of royalty, a ' fiction,' and a ' forgery.' It was now formally proposed, by ministers, on the ground that the opening of Par- liament, by royal authority, was essential to the validity of its proceedings : that during the king's incapacity such authority could only be signified by a commission under the great seal : that without the direction of both Houses, the Lord Chancellor could not venture to affix the seal ; but that the commis- sion being once issued, with the great seal annexed to it, — the instrument by which the will of the king is declared — no one could question its lega- lity.' It was also stated that the royal assent would hereafter be signified to the Eegency Bill l)y commission, executed in the same way. A precedent in 1754 was further relied on, in which Lord Ilardwicke had affixed the great seal to two commissions, — the one for opening Parliament, and ' Lord Camden's Speech ; Pari. Hist., xxvii. 1124. Proceeduigs ill 1788. 187 tlie other for passing a bill, during a dangerous illness of George II.' It was contended on the other side, with much force, that if this legal fiction were necessary at all, it ought to have been used for the opening of Par- liament two months ago : that hitherto the time of Parliament had been wasted, — its deliberations un- authorised, irregular, and fruitless. But this fiction was also an assumption of royal authority. The Houses had already agreed to allot one portion of the prerogatives to the queen, and another to the regent, and now they were aboxit to take another portion themselves : but, after all, the fictitious use of the king's name would be illegal. By the 33rd Henry VIII., it was declared that a commission for giving the royal assent to a bill must V)e by letters patent under the great seal, and signed by the king's own hand. The great, seal alone would not, there- fore, make the commission legal ; and the Act for the Duke of Norfolk's attainder had been declared void by Parliament, because the commission for giving the royal assent to it had wanted the king's sign-manual, liis name having been affixed by means of a stamp.'^ The course proposed by ministers, however, was approved by both Houses. According to invariable custom, the names of all the royal dukes, having seats in tlie House Ti.croyiu of Lords, had been inserted in the pro- cUnrtobe posed commission : but the Duke of York mission!""' ' SpeochcH of Mr. I'itl and Lord Camden. In tlio latter this pre- cedent is ornmuously asBigned to 173!). Soo also Lord Colchester's Diary, ii. 28:i. ' 1 Mary, Sess. 2, c. 13 (Private). 1 88 Illnesses of George the Third, desired that his own name and that of the Prince of Wales might be omitted, as he ' deemed the mea- sure proposed, as well as every other which had been taken respecting the same subject, as unconstitu- tional and illegal.' The Duke of Cumberland also desired the omission of his name, and that of the Duke of Gloucester. On the 3rd February, Parliament was at length Opening of Opened by commission.' Earl Bathurst, ment. one of the commissioners who sat as speaker, in the absence of the chancellor, stated that the illness of his Majesty had made it neces- sary that a commission in his name should pass the great seal ; and when the commission had been read, he delivered a speech to both Houses, in pursuance of the authority given by that commission, declar- ing the causes of summons, and calling attention to the necessity of making provision for the care of the king's person, and the administration of the royal authority. Meanwhile, it became necessary that the usual commis- commission should issue for holding the hoki/n"the assizcs. Although the sign-manual could assizes. tYiBU be obtained, the urgency of the occasion was so great that Lord Thurlow, the chan- cellor, affixed the great seal to a commission for that purpose, by virtue of which the judges went their circuits.^ After all these delays, Mr. Pitt now brought the ' Seo form of Commission, Lords' Journ., xxxviii. 311. 2 Spoech of Lord Liverpool, Jan. .'jth, 1311 ; Hans. Dob., 1st Sor., xviii. 789. Regency Bill, i']^^^. 189 Eegency Bill into the House of Commons.' The pro- visions which attracted most observation were the nomination of the queen's council, brought in. the restriction upon the creation of peers, the power of the privy council to pronounce his Majesty's restoration to health and capacity, and a clause by which the regent's authority would cease if he married a Eoman Catholic. But, as the measure was not destined to pass, the lengthened debates to which it gave rise, need not be pursued any further. The bill had been sent to the Lords, — its clauses were being discussed in committee, — and politicians, in expectation of its early passing, were busily filling up the places in the prince regent's first administra- tion, — when on the 19th February, the lord chan- cellor announced that his Majesty was convalescent; and further proceedings were arrested. TheWn^'s The king's recovery was now rapid : on the corcry.™" 2oth, he was pronounced free from complaint, and, on the 27th, further bulletins were discontinued by his ^Majesty's own command. On the 10th March, another commission was issued, authorising ' the commissioners, who were appointed hy former letters 'patent to hold this Parliament, to open and declare certain further causes for holding the same,''^ thus recognising the validity of the previous commission, to which the great seal had been affixed in his name.' ' 6th Februarj', 1 "89 ; see a copy of the Regency Bill as passed by thf Commoiiw, Pari. Hist., xxvii. 1258. ' Commons' Journ., xliv. 159. • While rh<' proceedings upon the Recenoy 11111 were pending, Bereral other hills were introduced into both Houses of Parliivmcnt, which received tlie royal assent after his Mnjotty's recovery. 190 Illnesses of George tJie Third. He thanked Parliament for its attachment to his person, and its concern for the honour of the crown, and the security of his dominions. Loyal addresses were agreed to by both Houses, nerrn. eon., as well as a message of congratulation to the queen. The 23rd April was appointed as a day of public The king thanksgiving, when the king and roval ISi i " family, attended by both Houses of Parlia- ment, the great oflBcers of state, and foreign am- bassadors, went in procession to St. Paul's. It was a solemn and aflPecting spectacle : a national demon- stration of loyalty, and pious gratitude. Thus ended a most painful episode in the history FortoMte of this reigu. Had no delavs been inter- iMssiBgthe posed in the progress of the Eegencv Bill, Bin. the king, on his recovery, would have found himself stripped of his royal authority. He was spared this sorrow, partly by the nimierous pre- liminaries which the ministers had deemed necessary ; and partly by the conduct of the opposition, who though most interested in the speedy passing of the bill, had contributed to its protracted consideration. By asserting the prince's right, they had provoked ministers to maintain the authority of Parliament, as a preliminary to legislation. Twice they had caused the physicians to be examined ; and they discussed the bill in all its stages, in full confidence that his Majesty's recovery was hopeless. Many of the preliminaries, indeed, would seem to oommenw tave been superfluous : but the unprece- ^^^^^ dented circimistances with which ministers had to deal. — the entire want of con- Regency Bill, 1 789. 191 fidence between them and the Prince of "Wales, — the uncertainty of the king's recovery, — the conduct of the opposition, and their relations to the prince, — together with several constitutional considerations of the utmost difficulty, contributed to the embar- rassment of their position. If it was necessary to authorise the opening of Parliament by a commission under the great seal, this course ought to have been at first adopted ; for the law of Parliament does not recognise the dis- tinction then raised, between legislative and any other proceedings. No business whatever can be commenced until the causes of summons have been declared by the crown.' The king having been un- able to exercise this function. Parliament had pro- ceeded with its deliberations for upwards of two months, without the accustomed speech from the throne. And if any doubt existed as to tlie validity of these proceedings, it is difficult to understand how they could be removed by the commission. As the king's authority could not in fact be exercised, and as the great seal, intended to represent it, was affixed by direction of the two Houses, why was the fiction needed ? The only real authority was that of Parliament, which might have been boldly and openly exercised, during the incapacity of the king. The simplest and most direct course would, un- doubtedly, have been for both Houses to agree upon an address to the Prince of Wales, praying him to exercise the royal authority, subject to condi- ' Evpn tho plccfton of ii speaker and tlie swearing of members in a new Parliament, are not cummencud until tho pleasure of the crovta hiiB been bignified. 192 Illnesses of George the Third. tions stated in the address itself ; and on his accept- ance of the trust, to proceed to give legal effect to these conditions by a bill, — to which the royal assent would be signified by the regent, on behalf of the crown. Either in earlier or in later times, such a course would probably have been followed. But at that period, above all others, lawyers delighted in fiction, and Westminster Hall was peopled with legal ' phantoms ' of their creation.' In proposing to proceed by address, the opposition Precedent relied upon the precedent of the Kevolu- voiutionof tion of 1688. On the other side it was contended, and particularly by Sir John Scott, the Solicitor-General, — by whose advice the government were mainly guided, — that after the throne had been declared vacant. Parliament solicited the Prince of Orange to assume the royal powers : but here the rights of the lawful sovereign could not be passed by, and superseded.^ His name must be used in all proceedings : his great seal affixed by the chancellor of his appointment, to every commission ; and his authority recognised and represented, though his personal directions and capacity were wanting. It is obvious, however, that whatever empty forms were observed, the royal au- thority was, of necessity, superseded. As the throne was not vacant, no stranger was sought to fill it, and ' See Chap. XVIU. Lord John Kussell says, ' All reasonable restrictions might have been impose d by Act of Parliament, with the royal assent given by the regent, acting on behalf of the crown." — JSiem. of Fox, ii. 265. He ridicules the ' absurd phantom of a royal assent given by the Houses of Parliament to their own act, by a fiction of their own creation.' ■- Pari. Hist., x.\vii. 825 ; Twisss Life of Eldon, 192. Regency Bill, 1789. 193 all parties concurred in calling upon the heir ajo- parent to exercise his father's royal authority. The two occasions differed in regard to the persons whom Parliament, in times of nearly equal emergency, proposed to invest with the supreme power : but why a simple and direct course of proceeding was not as appropriate iu the one case as in the other, we need the subtlety and formalism of the old school of lawyers to perceive. As regards the conduct of political parties, it can hardly be questioned that, on the one hand, conduct of ■» 1- T-- T 1 • • • t 1 political Mr. r ox and his party incautiously took up parties, an indefensible position; while, on the other, ]\Ir. Pitt was unduly tenacious in asserting the authority of Parliament, — which the Prince had not authorised any one to question, — and which his brother, the Duke of York, had admitted. Yet the conduct of both is easily explained by the circumstances of their respective parties. The prince had identified him- self with Mr. Fox and the Whigs ; and it was well known to Jlr. Pitt, and offensively announced by his opponents, that the passing of the Eegency Act would be the signal for his own dismissal. To assert the prince's rights, and resist all restrictions upon his authority, was the natm-al course for his friends to adopt ; while to maintain the prerogatives of the crown, — to respect the feelings and dignity of the queen, and at the same time to vindicate the para- mount authority of Parliament, — was the becoming policy of the king's minister. Mr. Pitt's view, being favourable to popular rights, was supported by the people : Mr. Fox, on the other hand, committed VOL. I. O 1 94 Illnesses of George the Third. himself to the assertion of prerogative, and inveighed against the discretionary power of Parliament. Well might Mr. Pitt exultingiy exclaim, ' I'll unwhig the gentleman for the rest of his life.' ' The proceedings on the regency confirmed the confidence of the king in Mr. Pitt, and his distrust of Mr. Fox and his ad- herents ; and the popular minister had a long careei of power before him. "While these proceedings were pending, the Parlia- j^^^g^^ ment of Ireland, adopting the views of ]\Ir. iiigs in the jtq^ agreed to an address to the Prince of Parliament ' o ofii-eiaud. Wales, praying him to take upon himself ' the government of this realm, during the continu- ance of his Majesty's present indisposition, and no longer, and under the style and title of Prince Eegent of Ireland, in the name and on behalf of his Majesty, to exercise and administer, according to the laws and constitution of this kingdom, all regal powers, jurisdictions and prerogatives to the crown and government thereof belonging.' The lord lieu- tenant, the Marquess of Buckingham, having re- fused to transmit this address, the Parliament caused it to be conveyed directly to his Royal Highness, by some of their own members ; and censured the conduct of the lord lieutenant as unconstitutional.^ To this address the prince returned an answer, in which, after thanking the Parliament of Ireland for • Adolphus's Hist., iv. 326, n. ; Mooro's Life of Sheridan, ii. 38. * Debates of the Parliament of Ireland ; Pari. Refrister of Ireland, ix. 119; Lords' Journ. (Ireland), vol. vi. 2-10 ; Com. Journ. (Ireland), vol. xiii. 7. Plowden's Hist., ii. 230-250. The speech of Mr. Grat lau was peculiarly- forcible and woU reasoned. proceedings m iSoi. 195 their loyalty and affection, he stated that he trusted the king would soon be able to resume the personal exercise of the royal authority, which would render unnecessary any further answer, except a repetition of his thanks.' Soon after his recovery, the king said to Lord Thurlow, ' what has happened may happen wise fore- Slight of again : for God's sake make some perma- tiie king, nent and immediate pro\'ision for such a regency as may prevent the country from being involved in disputes and difficulties similar to those just over.' Lord Thurlow and Mr. Pitt agreed as to the expediency of such a measure : but differed as to the mode in which it should be framed. The former was soon afterwards out of office, and the latter thought no more about the matter.^ It is in- deed singular that the king's wise foresight should have been entirely neglected ; and that on three subsequent occasions, embarrassments arising from the same cause should have been experienced. In P'ebruaiy, 1801, the king was again seized with an illness of the same melancholy The king's character, as that by which he had been isui!^'" previously afflicted.' If not caused, it was at least aggravated by the excitement of an impending ' Hans. Deb., Ist Ser., xviii. 183. ' Lonl Malmesljury's Diary, iv. 23. • Lord Malinesbury's Diary, Feb. 17th, 1801 : ' King got a had cold; takes James's powder; Go\^ chancellor, in allowing tlie royal the'co'ilduct fuuctious to be cxcrcised during this period, o£ ministers. ^gj.g ggveral ycars afterwards severely im- pugned. In 1811, Lord Grey had not forgotten the suspicions he had expressed in 1804 ; and in examin- ing the king's physicians, he elicited, especially from Dr. Heberden, several circumstances, previously un- ' LoUors to Lord Eldon, April 22, May 8 ; Lord Canipbcll's Lives, vii. IG'.), 17;i. ' Malmcsljurv Corr., iv. 306. See also Lord Colchester's Diary, M:iy 2)1(1 iiiid Sth, 1804, i. 502, 507. ' Twiss's LilV, i. 119. Proceedings in 1804. 205 known, relative to the king's former illnesses. On the 28th January, fortified by this evidence, he arraioTied the lord chancellor of conduct 'little short of high treason,' — of ' treason against the con- stitution and the country.' He particularly relied upon the fact, that on the 9th March, 1804, the chancellor had affixed the great seal to a commis- sion for giving the royal assent to fifteen bills ; and accused the ministers of that day of 'having cul- pably made use of the king's name without the king's sanction, and criminally exercised the royal functions, when the sovereign was under a moral incapacity to authorise such a proceeding.'' Lord Sidmouth and Lord Eldon, the ministers whose conduct was mainly impugned, defended themselves from these impu- tations, and expressed their astonishment at Dr. Heberden's evidence, which, they said, was at variance with the opinions of all the physicians, — including Dr. Heberden himself, — expressed in 1804, while in attendance upon the king. They stated that his new version of his Majesty's former illness had surprised the queen, not less than the ministers. And it is quite clear, from other evidence, that Dr. Heberden's account of the duration and continuous character of the king's malady, was inaccurate."'* Lord Eldon, oddly enougli, affirmed, that on the 9th of March, the king understood the duty which the chancellor had to pterform, better than he did liim- self. This he believed he could prove. A motion was made by Lord King, fur omitting Lord Eldon'a ' ITans. Debates, 1st Scr., xviii. 1054. * Sujpra, p. 109. 2o6 Illnesses of George the Third. name from the Queen's Council of Kegency ; and its rejection was the cause of a protest, signed by nine peers, — including Lords Grey, Holland, Lauder- dale, and Erskine, — in which they affirmed his un- fitness for that office, on the gTound that he had improperly used the king's name and authority, during his incapacity in 1804.' In the House of Commons, Mr. Whitbread made a similar charge against his lordship ; and the lord chancellor com- plained, — not without reason, — that he had been hardly dealt with by his enemies, and feebly de- fended by his friends.'^ In 1804, the propriety of passing a regency bill, Necessity provide for any future illness of the gency Act ^iug, was ouce morc the subject of grave canvassed, consideration among the statesmen of the period ;^ but, — as in 1789, so now again,— no sooner did the king recover, than all further care seems to have been cast aside. Six years later this want of foresight ao'ain led to serious embarrassment. The king's last mental disorder commenced in the KiiiK'siu- autumn of 1810. His kingly career was iiess in itiio. close for ever. Bereft of reason and nearly blind, the poor old king, — who had ruled for fifty years with so high a hand, and so strong a ■will, — was now tended by physicians, and controlled by keepers. His constitutional infirmity, aggravated by political anxieties and domestic distresses, had overcome him ; and he was too far advanced in ' Hans. Deb., 1st Ser., xviii. 1031-1087. Hans. Deb., Ist Ser., xix. 87; Lord Sidmouth's Life, iii. 37; Twiss s Life of Eldon, ii. 151-161. ' Malniesbury Corr., iv. 31.5. Proceedings in 1810. 207 years to rally again. It was a mournful spectacle. Like King Lear, he was ' A poor old mau, 'As full of grief as age : wretched in both. But as physicians will dispute at the bedside of the dying patient, — so the hopes and fears of rival parties, and the rude collisions of political strife, were aroused into activity by the sufferings of the king. The contentions of 1788 were re- vived, though the leaders of that age had passed away. Parliament stood prorogued to the 1st November, and a proclamation had appeared in the Meeting of 'Gazette,' declaring the king's pleasure that P'"^"'""'^"'- it should be further prorogued by commission to the 29th. But before this commission could be siarned, his Majesty became so ill that the lord chancellor, unable to obtain his signature, did not feel justified in affixing the great seal ; and in this view of his duty, statesmen of all parties concurred.' Following the precedent of 1788, both Houses met on the 1st November ; and on being informed of the circum- stances under which they were assembled,'^ adjourned ' Lord Colohester's Diary, ii. 280. Loi-d Campbell, however, says, ' It would have been but a small liliorty to liavo passed this commission, for there had been an order made at a council, at which the king presided, to prorogue Parliament from the 1st to the 29th November, and to prepare a commission for this purpose.' — JJvc» of the Chancel lorn, vii. ' In the Commons, the ."Speaker first took his seat at the table, and explained the circumstances under which tiie House had met, before he took the chair. — Hansards Drhatia, 1st Sor., xviii. 3. On taking the chair, he acquainted (he House' that he had issued a new writ diiring the recess. See also Lord Colchester's Diarj, ii. 282, tt seq. 2o8 Illnesses of George tJie Third. until the 15th, — fourteen days being the shortest period within which Parliament may, by law, be summoned for despatch of business. Circular letters were directed to be sent, summoning the members of both Houses to attend on that day. Strong hopes had been entertained by the physicians, of his Majesty's speedy recovery ; and in the interval they were confirmed. Both Houses, therefore, on these representations being made, again adjourned for a KoT. 29. fortnight. Before their next meeting, the king's physicians were examined by the privy coun- cil ; and as they were still confident of his ^Majesty's recovery, a further adjournment for a fortnight was agreed upon, — though not without objections to so long an interruption of business, and a division in both Houses. No longer delay could now be suggested ; and at Deo. 13. the next meeting, a committee of twenty- one members was appointed in both Houses, for the examination of the king's physicians. They still entertained hopes of his Majesty's ultimate recovery, in spite of his age and blindness ; but could not form any opinion as to the probable duration of his illness. Continuing to follow generally the precedent of Precedent 1788, ministers proposed, on the 20th of 1788 r r -> foUowed. December, in a committee on the state of the nation, three resolutions, — affirming the king's incapacity, — the right and duty of the two Houses to provide for this exigency, — and the necessity of determining by what means the royal assent should be signified to a bill for that purpose. The Regency, 1 8 1 1. 209 Again the question of proceeding by bill, or by address was argued. The proceedings of -q^^^. 1788 were exposed to a searching criticism ; and all the precedents of constitutional his- tory, presenting any analogy to the present circum- stances, learnedly investigated. The expedients which had delighted Lord Eldon in his early career, foimd little favour with the more philosophic lawyers of a later school. Sir S. Eomilly regarded them ' in no other light but as a fraudulent trick,' and asked what would be said of ' a set of men joining together, and making a contract for another in a state of insanity, and employing a person as his solicitor, to affix his seal or his signatiire to such a deed ?' Considering the recency and complete application of the precedent of 1788, it is not surprising that both ministers and Parliament should have agreed to follow it, instead of adopting a more simple course : but to minds of the present age, the arguments of those who contended for an address, and against the ' phantom,' will appear the more conclusive. The royal authority was wanting, and could be supplied by Parliament alone. So far all were agreed : but those who argued for proceeding by means of a bill, accepted a notoriously fictitious use of the king's name, as an equivalent for his real authority ; while those who supported a direct ad- dress, desired that Parliament, — openly recognising the king's inability to exercise his royal authority, — should, from the necessity of the case, proceed to act without it. Of all the speeches against proceed- ing by way of bill, the most learned, able, and argu- TOL. I. r 2IO Illnesses of Geo7's^e the Third. mentative, was that of IMr. Francis Horner.' Com- paring the proceedings of 1788, with those of the Eevolution of 1688, he said : ' It is impossible not to contrast the virtuous forbearance of all parties at the Revolution, in concurring to provide for the public interests, with the struggle that was made for power in the other instance ; and, above all, to con- trast the studied delays by which power was then so factiously retained, with the despatch with which our ancestors finished, in one short month, their task of establishing at once the succession to the crown, reducing its prerogatives within limitations by law, and founding the whole structure of our civil and religious liberties.'* But independently of precedents and legal forms. Political the ministers expecting, like their prede- C&USG3 of Jeiay. cessors in 1788, to be dismissed by the regent, were not disposed to simplify the preliminary proceedings, and accelerate their own fall ; while the opposition, impatient for office, objected to elaborate preliminaries, — as much, perhaps, for the delays which they occasioned, as for their hollow subtlety and uselessness. The resolutions were agreed to, and communi- cated to the Lords, at a conference. Tliere Dec. 22. an amendment was moved by Lord Hol- land, to the third resolution, by which an address to the Prince of Wales was proposed to be substi- tuted for the proceeding by bill, inviting the prince to take upon himself the exercise of the powers and authorities of the crown, but to abstain from the ' H:ms. Deb., 1st Sor., xviii. 299. * Md., 306. The Regency, 1 8 1 1 . 211 exercise of sucli powers as the immediate exigencies of the state shall not call into action, until Parlia- ment had passed a bill for the future care of his Majesty's person, and securing the resumption of his authority.' The Dukes of York and Sussex spoke in favour of this amendment, and all the seven dukes of the blood royal voted for it : ^ but the resolution was carried by a majority of twenty-six. The royal dukes also signed protests against the rejection of the amendment, and against the third resolution.^ The chancellor differed widely from the royal dukes, declaring that an address from the two Houses to the Prince of Wales, praying him to exercise the royal prerogatives during the king's life, would be treasonable.'' The next step was to propose, in committee on the state of the nation, resolutions to the effect that the Prince of Wales should be empowered, as regent of the kingdom, to exercise the royal authority, in the name and on behalf of his Majesty, subject to such limitations as shall be provided : that for a limited time the regent should not be able to grant any peerage, except for some singular naval or military achievement : * nor grant any office in re- version: nor any office otherwise than during plea- sure, except such offices as are required by law to be granted for life or during good behaviour : that his Majesty's private property, not already vested in ' Hans. Deb., Ist Ser., xviii. 418. Life and Opiuioua of Earl Grey, 256-266. ' York, Clarence, Kent, Cumberland, Sussex, Cambridge, and Gloucester. ' Hiiris. D.'b., Ist Ser., xriii. 471. * Ihid., l^iO, 7111. ' This exception was subsequently omitted. F 2 212 Illnesses of George the Third. trustees, should be vested in trustees for the benefit of his Majesty : that the care of the king's person should be committed to the queen, who, for a limited time, should have power to appoint and remove members of the royal household ; and that her Ma- jesty should have a council, with power to examine the king's physicians, upon oath, from time to time. It was explained, at the same time, that twelve months would be the period to which the proposed limitations upon the regent's authority would extend. Four of these resolutions were agreed to in the Commons by small majorities, and not without strong argimaents against any restrictions upon the authority of the regent. The fifth was amended on a motion of Earl Grower, in such a manner as to leave the queen merely 'such direction of the household as may be suitable for the care of his Majesty's person, and the maintenance of the royal dignity.' The resolutions were communicated to the Lords at a conference. There, on the motion of the Mar- quess of Lansdowne, the first resolution was amended by the omission of the last words, viz., ' subject to such limitations and restrictions as shall be pro- vided ' ' — thus appointing the regent generally, with- out restrictions upon his authority. But as the two next resolutions, imposing limitations ujjon the grant of peerages, places and pensions, were immediately afterwards agreed to, the words were restored to the first resolution. And thus the restrictions pro})osL'd ' By a majority of 3. The Regency, i S 1 1. 213 by the Commons were ultimately agreed to without alteration. The next step, as in 1789, was to lay these resolu- tions before the Prince of Wales, and to Resolutions laid before beg him to accept the trust, subject to the the prince, proposed restrictions ; and in reply, he signiiied his acceptance of the regency.' The queen was also attended in regard to the direction of the royal household. Again, it was resolved by both Houses that a commission should issue under the great Commission seal for opening Parliament ; but warned rarUamenf. by the precedent of 1788, ministers had taken the precaution of consulting the royal dukes, and by their desire omitted their names from the commis- sion. On the 15th January, Parliament was opened by virtue of this commission ; and the Regency Bill was brought in by the Chancellor of the Exchequer, on the same day. The bill, though still Regency the subject of much discussion, was rapidly i^^'P^^eu. passed through both Houses, with some few amend- ments. Resolutions were agreed to by both Houses, authorising the issue of letters patent under the great seal, for giving the royal assent by commis- sion ; and on the 5th February, the bill received the royal assent by virtue of that commission. It is worthy of note, that both this commission and that for opening Parliament, deviated ma- -^^^^^^ terially from the usual form of such com- commiBsion. missions, and instead of being issued by the advice of the privy council, it was expressed thus : ' by thu ' See suprv., p. 121. 2 14 Illnesses of George the Third. king himself, by and vdtli the advice of the Lords spiritual and temporal, and Commons in Parliament assembled.' During these proceedings, an unexpected diflBculty issue of pnb- arisen. Certain sums of money had he mouey, already been granted, and appropriated by Parliament, for the service of the army and na\'y : but in consequence of the king's incapacity, the usual warrants, under the privy seal, could not be prepared, directing issues to be made from the Exchequer, for such services. The Lord Keeper of the privy seal was willing to take upon himself the responsibility of affixing the seal to such a warrant,' although by the terms of his oath he was restrained from using it ' without the king's special command ; ' ^ but the deputy clerks of the privy seal held themselves pre- cluded by their oaths of office, from preparing letters to pass the privy seal, until a warrant had been signed by the king himself, for that purpose. The necessities of the public service were urgent ; and the Treasury, unable to obtain the money according to the usual official routine, prepared two warrants addressed to the auditor of the Exchequer, directing him to draw one order on the Bank of England for 500,000Z., on account of the army, and another to the same amount, for the na\'y. The auditor. Lord Grenville, Difficuitiea doubtiug the authority of +hese warrants, Lord'^Gren. ^csired that the law officers of the crown should be consulted. It was their opinion that the Treasury warrants were not a sufficient ' Speech of Mr. Percfval, 4th Jan., and of Lord Westmorland, Sth Jan., \%\\.—Hans. Deb., 1st Scr., xviii. 759, 798. ' Speech of Earl Spencer, oth Jan., 1811. — Hans. Bch., 1st Ser xriii. 797. The Regency, 1 8 1 1 . 215 authority for the auditor, who accordingly refused to issue the money ; and although the Treasury expresslj' assumed the entire responsibility of the issue, he per- sisted in his refusal. It was now necessary to resort to Parliament to supply the defect of authority which had Resoimjon been discovered ; and on the 4th of Janu- Hon°es'' ary the chancellor of the Exchequer moved ^h^iss^f of a resolution in committee of the whole """""^y- House, by which the auditor and officers of the Ex- chequer were ' authorised and commanded ' to pay obedience to Treasury warrants for the issue of such sums as had been appropriated for the services of the army and navy, as well as money issuable under a vote of credit for 3,000,000^. To this resolution it was objected, that it involved a further assump- tion of the executive powers of the crown, and was only rendered necessary by the unreasonable delays which ministers had interposed, in providing for the exercise of the royal authority : but the immediate necessity of the occasion could not be denied ; and the resolution was agreed to by both Houses. A protest, however, was entered in the Lords' Journal, signed by twenty-one peers, including six royal dukes, which affirmed that the principle of the resolution would justify the assumption of all the executive powers of the crown, during any suspension of the personal exercise of the royal authority; and that this unconstitutional measure might have been avoided without injury to tlie public service, by an address to the Prince of Wales.' ' Uans. Ucb., 1st Scr., xviii. 801 ; Twiss'e Life of Eldon, ii. MO. 2 1 6 Illnesses of George the Fotirth. Happily there has been no recurrence of circum- The Royal stancBs similar to those of 1788 and 1811 . Sign Manual Biu.isso. but Parliament has since had occasion to provide for the exercise of the royal authority, under other contingencies. From an early period in the reign of George IV., his Majesty's health had ex- cited apprehensions.' In 1826, his life was said not to be worth a month's piirchase ; but it was not until within a few weeks of his death, that he suffered from any incapacity to exercise his royal functions. In 1830, during the last illness of the king, his Majesty found it inconvenient and painful to subscribe with his own hand, the public instruments which required the sign-manual ; and accordingly, on the 24th of May, a message was sent to both Houses, desiring that provision should be made for the temporary discharge of this duty.^ The message was acknow- ledged by suitable addresses ; and a bill was passed rapidly through both Houses, enabling his Majesty to empower by warrant or commission, imder his sign-manual, one or more persons to affix, in his presence, and by his command, signified by word of mouth, the royal signature by means of a stamp. In order to prevent the possibility of any abuse of this power, it was provided that the stamp should not be ' Lord Sidmouth's Life, iii. 309; Court nnd Cabinets of Goo. IV., i. 313, 336, 447 ; Ihid., ii. 67, 217. f^ir Willi.am Kiiifrhtou's Mom., 88, &c. So far back as 1812 the, Priiioo had boon .afraid of paralysis, Lord Colchester's Diary, ii. 354. In Sopt. 1816, he was dangerously ill at Hampton Court, his death being hourly expected. Ibid., ii. 581 ; Ihid.. iii. 112, 115, 116, 272, 2'J8. - Mr. Phimer Ward to l)uko of Buckingham, April 21, 1826. Court and Cabinets of George IV., ii. 297 ; Ihid., 300, 301. Lord Colchest(^r's Diary, iii. 420. » Hans. Deb., 2ud Sor., xxiv. 986, 1001. The Royal Sign-Mamial, i S30. 217 aflSxed any instrument, unless a memorandum describing its object had been indorsed upon it, signed by the Lord Chancellor, the President of the Council, the Lord Privy Seal, the First Lord of the Treasury, and the Secretaries of State, or any three of them. The seal was directed to be kept in the custody of one of these officers, and when used, was required to be attested by one or more of them. The course thus adopted was not without prece- dent. Henry VIII. had issued a patent, precedents authorising tlie Archbishop of Canterbury, founded, the Lord Chancellor, and other persons to apply a stamp, bearing the impress of the royal signature, to warrants for the payment of money out of the royal treasury ; and had also issued several proclamations and other instruments, on which his sign-manual had been impressed by means of a stamp. His signature to the commission for signifying the royal assent to the bill for the attainder of the Duke of Norfolk had been given by means of a stamp, affixed, — not by his own hand, but by tluit of a clerk, — and was on that account declared by Parlia- ment to be invalid. Edward VI, had issued two proclamations, to which his signature was affixed by means of a stamp. Queen Mary had issued a pro- clamation, in the same form, calling for aid to sup- press the insurrection of Sir Thomas Wyatt. The same queen had issued a patent, in 1558, stating that in consequence of the great labour which she sus- tained in the goverament and defence of the king- dom, she was unable without much danger and 2 1 8 Illnesses of George the Fourth. inconvenience, to sign commissions, warrants, and other instruments with her own hand ; empowering certain persons to affix a seal in her presence ; and declaring- that all instruments so sealed should be as valid and effectual in law, as if signed with the hand of the queen. It appears also that King William III., being on the point of death, and no longer able to sign his own name, affixed a stamp to a commission, in presence of the Lord Keeper and the clerks of the Parliament, by which the royal assent was signified to the Bill of Abjuration, and the Malt Duty Bill. But notwithstanding these precedents, — which proved that in former times the kings of England had been accustomed, by their own authority, to delegate to others the right of affixing their sign- manual, — it was now laid down by ministers, and by all legal authorities, that such a right could not lawfully be conferred, except by the sanction of Parliament. This sanction was readily given in this particular case ; but not without warnings that as his Majesty's present indisposition was merely phy- sical, the proceedings then adopted should not here- after be drawn into a precedent, if the mind of any future king should become affected. In such an event, the power of affixing the royal sign-manual to instruments, would invest the ministers of tho day with all the authority of the crown. On more than one occasion, during the late reign, such a power might have been liable to abuse; and it would not again be conferred upon ministers, if there should Rege^icy Act, iZiJ. 219 be any doubt as to the mental capacity of the sove- reign.' When William IV. succeeded to the throne, he was nearly sixty-five years of age, and his Question of _ a regency on heiress presumptive was a princess of eleven, the accession r ^ r of William It was, therefore, necessary to provide for a i'^- regency ; but ministers were of opjinion that they might safely defer this measure, until after the as- sembling of a new Parliament. Even this brief delay was represented as hazardous. It was said that if the king should die suddenly, the crown would devolve upon an infant jirincess, — subject, perhaps, to the claims of a posthumous child of his Majesty. This risk, however, the ministers were prepared to encounter. The law did not recog-nise the incapacity of an infant king ; and, in the event of a sudden demise of the crown before a regent had been appointed, the infant sovereign would be able to give her assent to an act of Parliament, appoint- ing a guardian for herself, and a regent for the king- dom. Henry III., Eichard II., and Henry VI., had succeeded to the throne, without any previous par- liamentary provision for a regency ; and after their accession, Parliament appointed persons to govern the kingdom during their minority. The lord chancellor said: ' On the accession of an infant to the throne, the same course would be adopted as if the sovereign were of mature years : a declaration, similar to that which many of their lord- ' 11 Geo. IV. and 1 Will. IV. c. 23 ; ITans. Deb., 2n.l Ser., xxiv. 086, 1002, 1132, 1118, ll'J.'i; Kymor'.s Foudora, x. 2G1 ; Coth.i), 504 ; Burnet's Own Time, iv. 659 ; Ilumt's llist., ii. 328 ; Suwlktt's Ilist- i. 411. 220 Reign of Wiiliain the Fourth. ships had witnessed a few days ago, would be made. The infant would have the power of continuing or changing his ministers, and the same responsibility- would exist as at present.'' And this doctrine of the law was thus explained by Lord Eldon : ' If an infant sovereign were to be on the throne, whose head coiild not be seen over the integument which covered the head of his noble and learned friend on the wool- sack, he would, by what the Scotch called a fiction of law, and by what the English called presumption, in favour of a royal infant, be supposed to have as much sense, knowledge, and experience, as if he had reached the years of three-score and ten.'^ This abstract presumption of the law was not de- nied : but it was argued that to rely upon it in prac- tice, would bring into contempt the prerogatives of the crown, and might be fraught with dangers to the state. An infant sovereign might indeed appoint her own guardian, and a regent of the kingdom : but she would scarcely be more competent to exercise the discriminating judgment of a sovereign, than was Greorge III. when the royal assent was given, in his name, to the Regency Bill, by a phantom com- mission. That necessary act had struck a blow at royalty : it had shown how Parliament could make laws without a king : it had exhibited the crown as a name, a form, a mere fiction of authority : and to allow a princess of eleven to assenu to another act of regency, would be a dangerous repetition of that precedent. But there are other dangers which ouglit to be averted. It was easy, before the demise ol' t he ' Hans. Deb., 2ud Scr.. xxv. 738 ' Ihid., 71-'. Rege7uy Act, 1830-31. 221 crown, to nominate a regent "who might never be called upon to exercise his power ; but to appoint a regent, — possibly from among many claimants, — who would at once assume all the authority of the crown, might be difficult and embarrassing. Still greater would be the embarrassment, if the right of succession should be rendered doubtful, by the pro- spective claims of an unborn child. An attempt was made, in the Commons, to represent to the king the importance of making immediate provision for a regency : but ministers successfully resisted it ; and the question was reserved for the consideration of the new Parliament.' Happily, these dreaded evils were not encountered , and on the meeting of the new Parliament, The Re- gency Sill, a well-considered Regency Bill was intro- i83o-i83i. duced. By this bill the Duchess of Kent was ap- pointed sole regent, until her Majesty should attain the age of eighteen. Departing from former prece- dents, it was not proposed that the regent should be controlled by a council. It was said that a regent, for the maintenance of the royal authority, needed the free exercise of the prerogatives of the crown, even more than a king himself. Cases might, in- deed, arise in which it would be necessary to control the ambition and influence of a regent, by such a council : but here the regent could never succeed to tlie throne : her interests were identified with those of the future sovereign, to whom she was united by the tendcrest ties ; and she coidd have no object but to uphold, in good faith, the authority of the infant ' Huns. Deb., 2nd S. r., .\xv. 771-828. 2 22 Rci'oji of William the Fourth. qaeen. Her Royal Higlauess would, theretore, be left to administer the government of the country, by means of the responsible ministers cf the crown, and to act upon their advice alone. Another question of great constitutional delicacy was also wisely dealt with. No precedent was to be found, since the Norman conquest, of any provision having been made for the exercise of the royal pre- rogatives, between the demise of the crown, and the birth of a posthumous child. The law upon this important question was not settled : but reasoning from the analogy of the law of real property, as well as according to the dictates of common sense, it was clear that an unborn child could not be seised of the crown. There could be no abeyance or vacancy of the crown. The king never dies. The crown must, therefore, devolve at once upon the heir presump- tive ; and be resigned, if a child should be born, entitled to inherit it. If Parliament interposed, and appointed a regent to administer the government until the birth of a posthumous child, such a regent would not be governing in the name and on behalf of the sovereign, but would be a parliamentary sovereign, created for the occasion, under the title of regent. And, in the meantime, if no child should be born, the heir presumptive would have been un- lawfully deprived of her right to the throne. Upon these sound principles the regency was now to be established. If the king should die during the minority of the Princess Victoria, she was to be pro- claimed queen, subject to the rights of any issue of his Majesty, which might afterwards be lorn of his Regency Acts, 1837 and 1S40, 223 consort. The Duchess of Kent would at once as- sume the regency in the name of the infant queen, and on her behalf ; and should a posthumous child be born, her Majesty Queen Adelaide would forth- with assume the regency, on behalf of her own child. These principles were accepted by statesmen and lawyers of every party ; and the Regency Bill, which had been prepared by the government of the Duke of Wellington, was adopted and passed by the go- vernment of Lord Grey.' It was a wise provision for contingencies, which fortunately never arose. When King William IV. died, in 1837, after a short but eventful reign, her most gracious Majesty had, less than a month before, completed her eighteenth year ; and ascended the throne, surrounded by happy auguries, which have since been fully accomplished. On the accession of her Majesty, the ^1^,1^^. King of Hanover became heir presumptive ot QHe^i*^' to the throne ; and as he would probably "^'^'o"*- be resident abroad, it was thought necessary to pro- vide that, in the event of her Majesty's decease, ■while her successor was out of the realm, the ad- ministration of the government should be carried on in his name by lords justices, imtil his second rc- arrival.'' JLJut the queen s marriage, m mo. 1840, required provision to be made for another con- tingency, which, though more probable, has, happily not arisen. Following the precedent of 1831, Par- liament now provided, that in the event of any child of her Majesty succeeding to the throne bcf ire the ' Act 1 Will. IV. e. 2 ; Hans. Dob., 3rd Ser., i. 499, 764, 96-4, &c. » 7 Will. IV. and 1 Vict. c. 72. 2 24 Regency Act, i'^ AO. age of eighteen, Prince Albert, as the surviving parent, sliould be regent, witbout any council of regency, or any limitation upon the exercise of the royal prerogatives, — except an incapacity to assent to any bill for altering the succession to the throne, or affecting the uniformity of worship in the Church of England, or the rights of the Chui-ch of Scotland. And, founded upon these principles, the bill was passed with the approval of all parties.^ ' 3 & 4 Vict. c. 52 ; Hans. Deb., 3rd Ser., Iv. 754, 850, 1074. CHAPTER IV. iJJClENT EEVEXTES OF THE CROTVN. CIVIL l.IST OF TVILLIAM AND ilARY : CIVIL LIST OF QUEEN ANNE, OF OEOIiGE I. AND GEOBGE II. CIVIL LIST, EXPENDITURE, AND DEBTS OF GEORGE III.: CIVIL LIST OF THE EEOENCY, AND OF THE REIGNS OF OEORGE IV., ■WILLIAM IV., AND HER MAJESTY : — DUCHIES OF LANCASTER AND CORNWALL : PRFVATE PROPERTY OF THE CEO'WN. — PROVISION FOR THE ROYAL FAMILY : MANAGEMENT OF THE LAND EETONUES, ON JiEHAI.F OF THE PUBLIC I — CIVIL LIST PENSIONS. — PREROGATIVES OF THE CROWN, IN RELATION TO THE ROYAL FAMILY. The history of tlie land revenues of the crown pre- sents as many vicissitudes, and varied for- y^st posses- tunes, as are to be found in the domestic crmvn'in''^ annals of any family in the kingdom. ""'^ The entire lands of the realm were originally held of the crown, by various feudal tenures ; and the royal revenues were derived from fines, fees, first- fruits and tenths, and other profits arising from these lauds, and from the rents of the ancient demesnes of the crown. To support the barbarous magnificence of his household, — his numerous re- tainers, and rude hospitality, — was nearly the sole expense of the king; for, as feudal superior, lie commanded the services of his tenants in the field, who fought by his side with an array of men and horses, equipped and maintained at their own ex- pense. By means of escheats and forfeitures, there was VOL. I. Q 226 Revennes of the Crown. tiven a danger of the crown becoming the absolute Extensive proprietor of all the lands of the realm, forfeitures, ^^^^ king's possessions, they were not vast enough to satisfy the rapacity of his followers ; and in every succeeding reign, the grants Grants and alieuations of crown lands exceeded the alienations, escheats and forfeitures. The estates of the crown were further diminished by wrongful ap- propriations, and encroachments. Eepenting their liberality, kings frequently resumed their former grants ; and alienations improvidently made, were unjustly and violently revoked. Yet such had been the waste of the once ample revenues of the crown, that Henry III. complained that they had become too scanty to furnish his royal table ; and the needy monarch was reduced to the necessity of giving tallies for the supply of beeves and grain for his household. An extensive assumption of grants, however, and the forfeiture of the estates of rebel barons, retrieved his fallen fortunes. Such was the liberality of Edward II. that an ordinance was passed by Parliament prohibiting the alienation of crown lands, — wliich was repealed, however, by a Parlia- ment at York, in the loth year of his reign. But the profusion of this king was supplied by prodigious forfeitiu"es. Richard II. again, was not less profuse in his grants, nor less prodigal in his confiscations. The Wars of the Roses were so fruitful of forfeitures, that a large proportion of the land of the realm became the property of the crown. Had it been retained, there would have been no monarch iu Europe so Alienation of Crown Lands. 227 absolute as that of England: but the spoils of one faction were eagerly grasped by the other ; and the crown gained little by the lands which it won upon the field of battle, or wrested from their owners on the scaffold. In the reign of Henry V. the estates of the croA^Ti were considerably augmented by the appropriation of the Alien Priories, — one hundred and ten in number. Yet the income of Henry VI. was reduced so low as 5,000^ a year ; and in his reign, several general resumptions of grants were authorised by Parliament, in order to supply his necessities. The rapacity of Henry VII. was needed to re- trieve the revenues of the cro^vn ; and his exactions and thrift repaired the waste of land ro- ~ . TT- • • i • 1 venne- bv lormer reigns. His acquisitions, however, Henrv vii. , . 1 . , , , , andVIU. were as nothing compared with the whole- sale plunder of the monasteries, and other religious and charitable foundations, by Henry VIII., which has been valued at upwards of 30,000,000L sterling.' Yet such were the magnificence and prodigality of this king, that at his death, his treasury was found to be entirely empty. The crown was as poor as ever : but the great nobles, who were enriched l)y grants of the church lands — more provident tlian their royal master — held tliem fast for their descend- ants. In the seventh year of the reign of James I. the entire land revenues of the crown and Ducliy of Lancaster amounted to no more than G6,870L a year, while the king's debts exceeded a million. 2 During • St. John on the Land Rcvcnii'-s of the Crown, CS. * Vnd., 79. « 2 2 28 Revemies of the Crown. his reign lie sold lands to the extent of 775,OOOL, and left debts of about an equal amount. But more evil days were at hand for the land Destruction I'eveuues. Charles I., unable to obtain vemies dur- supplies from Parliament, and gaining little Common- from his illegal exactions, — was forced to weikitii. mortgage the property of the crown. The Parliament, after his death, completed the spo- liation, of which he had set them the example ; and sold nearly all the royal estates, in order to pay the arrears due to the Parliamentary forces, and discharge the debts of the new government.' At the Restora- tion, these latter sales were declared void ; and many of the estates of the crown were recovered. But Their re- Were recovered, — to be again squan- suhseque"nt dered and dispersed. In three years, waste. Charles II. had reduced the income of the crown lands from 217,900L to 100,000Z. a year. In the first year of his reign he surrendered the court of wards and liveries, and the military tenures, in exchange for a settlement of certain duties of excise being the first instance of a surrender by the crown of its interest in any part of the hereditary revenues. During this reign, a large proportion of the fee-farm rents belonging to the crown, was sold by act of Parliament and further grants of these rents were made during the reigns of \^'^illiam III. and Queen Anne. The liberality of William III. to bis followers, provoked remonstrances from Parliament. ' Seoboll, part ii. 51, lOG, 227, &c. » 12 Car. II. c. 21. » 22 Car. II. c. C ; 22 and 23 Car. II. c. 24. A lienation of Crown Lands. 229 He was even obliged to recall an enormous grant to the Earl of Portland, which conveyed to that noble- man four-fifths of the county of Denbigh, with a re- served rent of 6s. 8(Z., payable to the crown : ' but he compensated the Earl with other lands and manors.'^ So jealous were the Commons, at this period, of the continual diminution of the hereditary revenues of the crown, that several bills were brought in to resume all grants made by Charles II., James II,, and William ; ^ and to prevent further alienations of crown lands."* At the end of William's reign. Parliament having obtained accounts of the state of the land revenues, found that they had been reduced by grants, alienations, incumbrances, reversions, and pensions, until they scarcely exceeded the rent-roll of a squire.* Such an abuse of the rights of the crown could no longer be tolerated ; and on the settlement Alienations of the civil list of Queen Anne, Parliament "Jnti^rr at length interposed to restrain it. It was »''^*'"<'''- now nearly too late. The sad confession was made, ' that the necessary expenses of supporting the crown, or the grefiter part of them, were formerly defrayed by a land revenue, which had, from time to time, been impaired by the grants of former kings and • 1693 Pari. Hist, v. 978; Com. Journ., xi. 391, 395, 409. Coin. Journ., xi. 608. ' In 1697, 1699, 1700, 1702, and 1703: Com. Journ., xii. 90; JUd., xiii. 208, 3oO ; Itjid.,x\v. 90, 269, 305. &c.; Miicauliiy'B Jlist., V. 32. « Im 1697 »nrs, and payments to persons concerned in taking prizes. The surplus actually enjoyed by the crown, ' 1 Ooo. nr. c. 1.; Rep. on Civil List, 1815. ' Present DiscontentH, Uurkii's Works, ii. 281. 236 Rt venues of the Crown. after making these deductions, amounted, therefore, to 4,732, George III. also succeeded to 172,605^. which the late king, — more frugal than any prince since Henry III., — had saved out of his civil list.^ But great as were these revenues, the burthens on Charges on them were still e-reater. Places and pen- tlie civil . 1 . T , -1 -1 1 list. sions were multiplied, until the royal income was inadequate to provide for their payment. On the accession of George III., the greater part of the late king's household was retained ; and, at the same time, numerous personal adherents of his Majesty were added to the establishment.' But while the expenditure of the ci\al list was increased, the king and his family were living, not only with economy, but even with unkingly parsimony. In 1762 he purchased Buckingham House, and settled it on the queen ; ' St. James's,' according to Horace Walpole, ' not being a prison strait enough.' •* Here he lived in privacy, attended only by menial servants, and keeping up none of the splendour of a court.'"^ ' In all this,' said Burke, ' the people see nothing but the operations of parsimony, attended with all the consequences of profusion. Nothing ' Rpport, on tho Civil List, 1815 ; Hans. Dob., 3r(l Ser., 143. ^ Gri'nville Papers, iii. 144 ; Wraxall's Mom., ii. 55. s Walp. Mem., i. 25. * Ihid., i. 159 ' The king; continued this plain style of living throiigliont his reign. — Wraxalfs Mon., i. 8-10. Mr. Addiiigton, writing to his brother, 29fh Dec, 1804, said he had just partaken of the kings dinner, ' vliich consisted of mutton cliops and pudding.' — Life of iiid/iioii/h, ii. 342. Similar e.\anipli-s are to be found in Twiss's Life of Lord Elilon, anil in Madame D'Arblay's Memoirs. The Civil List. 237 expended — nothing saved. . . . They do not believe it to be hoarded, nor perceive it to be spent.' ' While practising this apparent economy, the king ■was engaged in that struggle to increase par]ia„,en. the influence, and establish the ascendency ^^^^ed of the crown, which has been described i^st'Jxp^n^ elsewhere.* The large expenditure of the civil list could not fail, therefore, to be associated with the fidelity and subserviency of the court party in Parliament, Tlie crown was either plundered by its servants ; or Parliamentary support was piirohased by places, pensions, and pecuniary corruption.' In P^ebruary, 1769, before the king had yet been nine years upon the throne, the arrears of Debt upon , , , , . th« civil list, the Civil list amounted to 513,olU.; and his nca. Majesty was obliged to apply to Parliament to dis- charge them. This demand was made at an untimely moment, when the people were exasperated by the persecution of Wilkes, — when the policy of the court was odious, and the king himself unpopular. But if the country was discontented, Parliament was held in safe subjection. Inquiry was demanded into the causes of the debt, and explanatory accounts were sought : but all investigation being resisted by ministers, the amount was granted without informa- tion. In the following year, motions for inquiry into the expenditure of the civil list were renewed, with no better success.* Lord Chatham avowed his con- ' Present Discontents, Works, ii. 280. ' Supra, Chap. I. » Infra, Chap. IV. * Pari. lliHt., xvi. 843, 926; Walp. Mem., iii. 343; Rockineh.ira Mem., ii. 90, 167. The Duke of Kichmond, UTitinji to Lord Il'>';kiagham as to a division in the Lords, says, ' Tho division of 238 Revemces of the Crown. viction that the civil list revenues were expended in corrupting members of Parliament; ' and the civil list expenditure, — and the withholding from Parlia- ment such an explanation of its causes, as had been customary in former reigns, — formed a prominent topic in Mr. Burke's celebrated pamphlet on ' the Causes of the Present Discontents.' But the same causes of excessive expenditure, — Further debt whatever they may have been, — continued without a check; and after the lapse of eight years, the king was again obliged to have recourse to Parliament, not only to discharge a deVit of 618,340L, but to inci-ease his annual civil list to 900,000^. a year. On this occasion, accounts ex- planatory of the arrears were laid before Parliament. Ministers no longer ventured to withhold them : but they were not deemed satisfactory by the opposition. Again the causes of increased expen- diture were freely animadverted upon in Parlia- ment. The income of the king was compared with that of his predecessors, — the large amount of secret- service money, and the increased pension list were noticed, — and insinuations made of covert influence and corruption.^ But Parliament acceded to Uie demands of the king. When the speaker. Sir Fletcher Norton, addressed the throne, on presenting the bill for the royal assent, he said, the Commons twenty-six on so courtly a point ns pnyiiip; his ^Majesty's debts, niid enabling him to bribe higher, is, I think, a very strong one.' — Rock- inyham Mem., ii. 92. ' Pari. Hist., xvi. 849. ' J/Hd.,xix. 103, 160, 187 ; Walp. Mom., iv. 92 ; Walp. Jouni., ii. 110. Debts on tJie Civil List. 239 'have not only granted to your Majesty a large present supply, hut also a very great additional revenue; great beyond example ; great beyond your Majesty's highest expense.' The speaker's uncom'tly address became the subject of remark and censure in the House of Commons : but his friend, Mr. Fox, having come to the rescue, he was thanked for ex- pressing wath ' just and proper energy, the zeal of this House for the support of the honour and dignity of the crown, in circumstances of great public charge.' ' His conduct, however, was not forgiven by the court; and in the next Parliament, he was punished by the loss of the speaker's chair.' Promptly as these demands of the crowm were met, they yet excited lasting dissatisfaction. Debates The public expenditure and the national chifust^ debt had been prodigiously increased by the American War, when the abuses of the civil list were again brought under the notice of Parliament. In 1779, the Duke of Kichmond moved an address to the crown praying for the reduction of the civil list, wliicli was rejected by a majority of more than two to one.^ But a few days afterwards Mr. jj^. B„rke's Burke gave notice of his motion on econo- f.c[l™,mic' mic reform, with which his name has since '■'="'™> been honourably associated. On the 11th of February, 1780, — fortified, in the meantime, by numerous petitions, — he propounded his elaborate scheme. This embraced a considerable reduction uf « Pari. Hist., xix. 227. » Ihiil., xxi. 798-S()" ; 'Wnixull's Mom., i. 372. • Dec. 7tli. 177'J: Vm\. ll'st.. xx. yi:uu 240 Revenues of tJie Crown. offices, a diminution of expenditure, and improved administration and accounts in the various depart- ments of the state ; and in his masterly review, the expenditure of the civil list attracted a large share of his scrutiny. Describing the royal household, he pointed out the social changes which had taken place, and the obsolete character of many of the offices which were still retained. ' The royal house- hold,' he said, ' has lost all that was stately and venerable in the antique manners, without retrench- ing anything of the cumbrous charge, of a gothic establishment.' ' Examples of profusion and abuse were given, — useless offices, and offices performed by deputy, — the king's turnspit being a member of Parliament,^ — jobbing, waste and peculation in every department, without restraint. He proposed the reduction and consolidation of offices, the diminu- tion of the pension list to 60,000/. a year, and the payment of all pensions at the Exchequer. Mr. Burke obtained leave to bring in five bills to carry out these various objects : but his Establish- ment Bill ^ was the only one which was considered in that session. It was read a second time, and several of its provisions were discussed in committee : but it was ultimately defeated by the government.'* The discussions, however, led to a proposition from Lord Nortli, for a commission of Public Accounts. In the following year, Mr. Burke resumed his > Pari. Hist, xxi. 30. » Ihid., 33, and Lord Talbot's Speech in 1777; Md., six. 176. • Si'c Pari. Hi.st., xxi. Ill, where it is printed at length. • llAd., xxi. 714. The Civil List. 241 efforts, and again obtained leave to bring in his Establishment Bill. In advocating this Mr. Burke's measure he was boldly supported by young ^fent bui', William Pitt, who then first offered himself to the notice of Parliament. The bill was lost on the second reading.' But a sudden change soon took place in the prospects of this question. Lord Rocking- Measures ham's administration acceded to office, Rocking- ham minia- pledged to economic reform, and resolved ""y. i'S2. to carry it into effect. Lord Rockingham, in lay- ing his plan before the king, explained 'that not a single article of the expense to be retrenched touches anything whatsoever which is personal to your Majesty, or to your Majesty's royal family, or which in the least contributes to the splendour- oi your court ; ' and that in fact he only intended to reduce the patronage and influence of ministers.' On the 15th April, 1782, a message from the king was sent to both Houses, recommending economy in all branches of the public expenditure, and stating that he had already considered the reform and re- gulation of his civil establishment. Well might Mr. Burke congratulate the House of Commons and the country, on so favourable a change in the policy of the government, and on the attitude of the king towards his people. In both Houses this communi- cation was cordially received and acknowledged.' It was soon followed by another, which though not so ' Tarl. Hist., xxi. 1292; Wraxall's Mom., ii. 333; Lord Stan- hope's Ijfi' of Pitt, i. /j4. ' Lord J{oL-kiii(?liam's letter to th'o king. — Boch. Mem., ii. 477. » Pari. Ui-.t., xxii. 12G9; Wraxall's Mem., 43-17, fll. VOL. I. B 242 Revenues of the Crown. satisfactory, at least afforded convincing proof of the necessity of that economy ^^ticli had been already recommended. The king was now obliged to announce to Parlia- civu list ment another debt upon his civil list ; but debt, 1782. jjjstead of proposing that it should be dis- charged, as on previous occasions, out of the general revenues of the state, he intimated that its liquida- tion was to be secured by intended reductions of the civil list establishment. Notwithstanding the recent additions to the civil list, the arrears now amounted to 295,877L ; and the proposed savings, instead of being available either to the king or to the country, would thus become inomediately mortgaged for the payment of a debt, by annual instalments. The Civil List Act of Lord Eockingham. though civuiist falling short of Mr. Biu'ke's original pro- Acto£i/82. pQgj^][^ nevertheless a considerable measure. Many useless offices were abolished, restraints were imjDosed upon the issue of secret- service money, the Pension List was diminished, and secimties were provided for a more effectual supervision of the royal expenditvu'e. And now, for the first time, the civil list expenditure was divided into classes, eight in number, which led to more important changes hereafter.' But debt continued to be the normal condition of pnbsequent the civil Hst throughout the reign of George debts in this . . i- . reign. III. Again and again applications were renewed to Parliament ; and the debts discharged at ' 22 Geo. UI. c. 82 ; Pari. Hist., xxii. 1395 ; Ibid., xxiii. 121. The Civil List. 24: diflferent periods after 1782, exceeded 2,300,000Z. From the beginning to the end of this reign, the several arrears paid oflf by Parliament, exclusive of the debt of 300,000L charged on the civil list in 1782, amounted to 3,398,000L' In defence of these continued excesses it was urged that they were more than defraved by the surpins of surplus of the hereditary revenues, which revenues, the king had surrendered ; and which, in 1815, ex- ceeded by upwards of 6,000,000^. the entire expendi- ture of the civil list since the accession of the king, — including all the debts which had been paid off by Parliament, and the charges from which the civil list had been relieved.^ Meanwhile the civil list continued to comprise charges wholly unconnected with the per- sonal comfort and dignity of the sovereign, fr^'t^e — the salaries of judges, ambassadors, and other officers of state, — annuities to members of the royal family, and pensions granted for public services — all of which were more fairly chargeable to the state revenues, than to the civil list of the crown. In 1709 1777 1781 1786 1802 1 804 1805 1814 1814 1816 Tlepnrt on Ciinl List Nov. 23r(l, 1837.— //"« » Kcp'jrt on Civil List, ISl.'), p. 4. K 2 £513.011 618,310 CO.OOO 210,000 990,0.53 691,812 10,t;)8 118,S.)7 100,000 (extra exponse.s.) 18.5,000 ■ £3,398,061 1815, p. 4; Speech of Mr. Spring Rice, IJ(h.. 3r.l Sor., xuix. 144. 244 Revenues of the Crozun. From many of these charges the civil list was, from time to time, relieved, — amounting, between the accession of George III. and 1815, to 9 561,396^.' On the expiration of the first year of the regency, Regulation 1812, the civil list was increased by hs*of the' 70,000^. a year, and a special grant of regency. ioo,OOOL was voted to the prince regent.* In 181G, the civil list was settled at 1,083,727^., including the establisliment of the king ; and its expenditui-e was, at the same time, subjected to further regulation. It was relieved from some of the annuities to the royal family : the payments on account of the several classes of expenditure were defined and controlled ; and the expenses of the royal household were subjected to the supervision and audit of a treasm-y officer, — the auditor of the civil list.^ King George IV., on his accession, expected a Civil list on larger civil list than he had enjoyed as accession o£ . George IV. Prince Eegent : but yielding to the per- suasion and remonstrances of his ministers, he stated in hij speech from the throne, that so far from desiring any arrangement which would lead to the imposition of new burdens ujDon his people, he had no wish to alter the settlement adopted by Parliament in 1816." ' Report on Civil List, 1815, p. 5. * 62 Geo. III. c. 6, 7 ; Hans Deb., 1st Ser., xsl. 151, &c. ' 56 Geo. 111. c. 46. < Twiss's Life of Eldon, ii. 363; Hans. Deb., 2nd Ser., i. 11. Tills concession, ' if report be true, was obtained by nothing but tlie most determined refusal of tlie ministers to do more.' — il/r. T, Grcuvi/le to the 3/arqticss of Bitch-inyhxim, M:i}- -Itli, ISL'O. The Civil List. 245 The civil list being now free from the expenses of the late king, was fixed by Parliament at other re- venues of 845,727t. But during the whole of this the crown, reign the king enjoyed, in addition to this income, the hereditary revenues of Scotland, amounting on an average to 109,000Z., and the civil list for Ireland of 250,000L He also received the droits of the crown and Admiralty, the \\ per cent, duties, the West India duties, and other casual revenues, which were still vested in the crown, and independent of Parliament.' King William IV., on his accession, for the first time surrendered the interest of the crown cj^j in all these sources of revenue ; and ac- ^""^ cepted a civil list of 510,000Z. The future expendi- ture of this amount was divided into five different classes, to each of which a specific annual sum was appropriated, including a Pension List of 75,000^. At the same time, the civil list was still further re- lieved from charges, which more properly belonged to the civil government of the state. These charges included judicial salaries, — which had been paid partly out of the civil list, partly out of the Consolidated Fund, and partly out of the fees ot the Courts, — the salaries and pensions of the diplo- matic service, — and numerous miscellaneous ex- penses.'* These arrangements were not concluded until the accounts of thecivil list expenditure had been referred ' Rpport on Civil Government Chiirges, 1831 : 1 Geo. IV. c. 1. ' Koport on Civil Government Charfies, 1831; lieport on Civil List Charges, 1833, 246 Revejmes of tnc Crown. to a select committee of the House of Commons, and freely investigated. The Wellington ministry resisted this investigation, and fell : when the settle- ment of the civil list was left to the Whig ministry of Earl Grey.^ The committee, in their inquiries, not thinking it consistent with the respect due to liis Majesty to scrutinise the details of his domestic household, nevertheless recommended several re- ductions in the salaries of the officers of state, amounting in the aggregate to 11,529L^ The king, however, remonstrated with his ministers against the proposed reduction, saying : — ' If the people, accord- ing to the new (reform) bill, are really to govern the House of Commons, and the House of Commons is to decide upon the amount of salary I am to give to ray servants, then the prerogatives of the crown will in reality pass to the people, and the monarchy cannot exist.' The ministers yielded to this re- monstrance, and induced the House of Commons to restore the civil list to the amount originally pro- posed.^ The civil list of Queen Victoria was settled on the Civil list of same principles as that of William IV., Her Majesty. amounted to 385,000^. : the only material variation being that in lieu of the Pension List of 75,000^., her Majesty was empowered to grant pensions annually to the extent of 1,200L The crown was thus finally restricted to a definite ' Hans. I)eb., 3rd Scr., i. 429, 526. Courts and Cabinets of William IV. and Queen Victoria, i. 128. " Report on the Civil List Accounts, March 21st, 18-31. ' Eoehuck's Ilist. of the Whig Ministry, ii. lo'J; lliius. Deb., 3rd Ser., iii. t)o9. The Civil List. 247 annuity for the support of its dignity, and for the personal comfort of the sovereign.^ It may be added, as at once a proof of the wisdom of these arrangements, and of the improved No debts ... . upon the administration of our later sovereigns, that civii list TT ■» T during three neither in the reign of Her Most Gracious reigns. Majesty, nor in the reig-ns of George IV. and William IV., has any application been made to Parliament for the discharge of debts upon the civil list.2 While the civil list has been diminished in amount, its relief from charges with which it had importance formerly been incumbered, has placed it dviuist™^ beyond the reach of misconstruction. The neous'^'^'^*' crown repudiates the indirect influences exercised in former reigns, and is free from imputa- tions of con-uption. And the continual increase of tlie civil charges of the government, which was formerly a reproach to the crown, is now a matter for which the House of Commons is alone responsible. In this, as in other examples of constitutional pro- gress, apparent encroachments upon the crown have but added to its true dignity, and conciliated, more than ever, the confidence and affections of the people. Until the accession of her JNIajesty, every previous sovereign of her royal house had also enjoyed Kovonnes of the revenue of the Kingdom of Hanover, which was now detached from the crown of England. Former sovereigns liad also inherited considerable ' Hans. Dob., xxxix. 137, ft npq. » Rep. 1837-8, on tho Civil List. 248 Revenues of the Crown. personal property from their predecessors : but her Duchies of Majesty succeeded to none whatever. The and Corn- crown, however, still retains the revenues of the Duchies of Lancaster and Cornwall. The former are the property of the reigning- sove- reign ; the latter the independent inheritance of the Prince of Wales, as Duke of Cornwall. The estates of botli these duchies have been largely augmented by judicious management, and by vigilant attention to the interests of the crown. At the commencement of her Majesty's reigTi, the Revcnneof gross reveuuB of the Duchy of Lancaster the Duchy ° ofLaucastur. amouuted to 23,038i., and the charges to 14.126L, leaving a net revenue of no more than 8,912/. In 1859, the gross revenue had increased to 45,43GL, and the net revenue to 31,349?., of which 25,000L were paid to her Majesty's Privy Purse.' When Greorge, Prince of Wales, came of age in Revenue of 1783, the iucome of the Duchy of Cornwall the Duchy r\ ■> ofcorawau. was less than 13,000i. a year. On the accession of her Majesty, the gross income was 28,456i., and the payments were 12,670L, leaving a net income of 15,786Z. In 1859, the gross income had increased, under the admirable management of the Prince Consort, to 63,704L, and the net revenue to 50,777L ; of which no less than 40,785i. were paid over to the trustees and treasurer of his Eoyal Highness the Prince of Wales.^ Former sovereigns had themselves appropriated the income of the Pari. Papers, 1837-8 (GG6), 1860 (98). 2 1860 (13). Private Property of the Cro -49 duchy, during the minority of the heir-apparent : hut her [Majesty generously renounced it ; and out of this ample revenue, accumulations exceeding half a million, were invested for the future benefit of his Eoyal Highness.' In addition to these public revenues, the rights of the crown to its own private property have private been secured. The alienation of the land revenues of the crown having been restrained by the 1st Anne, a doubt subsequently arose, whether the restrictions of that Act extended to the private property of the sovereign, acquired by purchase, gift or devise, or by descent, from persons not being kings or queens of the realm. But such restrictions being without any colour of justice, an Act was passed, in 1800, declaring that property so acquired, could be disposed of like the property of subjects.* On the accession of George IV., however, doubts were suggested whether this Act applied to property acquired, by the reigning sovereign, before he had succeeded to the throne, which were set at rest bv statute in 1823.3 While the civil list has been ample for the sup- port of the personal dignity of the crown, Provision Parliament has also provided liberally for family, the maintenance of the various members of the royal family. A separate armuity to the Queen ' Th« country had the fall benefit of this royal generosity and foreiiirht, on the Prince's marriage. Report of the Council of the Triii .-i of W:iles, 1863; Debate on Prince of Wales' Annuity Bill, iel-. 23rJ, 1863. » 39 & 40 Geo. III. e. 88. * 4 Geo IV. c. 18; Hnns. Deb., 2nd .Ser., viii. 509, 651. 250 Revenues of the Crown. Con?oit, with a large dowiy in case of the death of the king, — annuities to the brothers, sisters, and other relatives of his Majesty, — establishments for each of his children on coming of age, and even allowance for their education and main- tenance, — marriage portions for princesses of the royal house, — such are the claims which have been made upon the liberality of Parliament, in addition to the civil list. To these must be added, in the reign of Greoro^e III., the debts of the Prince of Wales. The prince came of age in 1783, — a time ill- Debts of the suited for heavy demands upon the public Wales. purse. The people were still suffering under the accumulated burthens of the American War ; and the abuses of the ci\-il list had recently imdergone a rude exposure. But the prince's ^Tiig friends in the Coalition noinistry, overlooking these considerations, proposed a settlement of 100,000^. a year. They were glad to have this opportunity of Btrengthening their political connection with the heir-apparent. But the king was more sensible than they, of the objections to such a proposal at that time ; and being tenacious of his own power, — lo\-ing his son but little, and hating his ministers much, — he declined an arrangement which would Lave secured the independence of the prince, and drawn him still more closely to the party most obnoxious to himself. He agreed, therefore, to make the prince an allowance of 50,000/. a year out of his civil list, \vhich had already proved unequal to his own expenditure; and limited his demand Debts of tJic Prince of Wales. 2 5 1 upon Parliament to an outfit of 60,000L' To a prudent prince such an allcwance ■would have been ample : to the spendthrift and tlie gamester it was a pittance. The prince was soon in difficulties ; and his ' debts of honour ' to the blacklegs of Xewmarket, and the sharpers of St. James's, left little for the payment of the royal tradesmen. On the revision of the civil list in 1786, another effort was made by the prince's friends to obtain for him a more liberal settlement : but Mr. Pitt was cold, and the king inexorable. The prince broke up his establishment, yet failed to pay his debts. In 1787 his affairs had become desperate, when the heir-apparent was saved from ruin by the friendly intervention of a London alderman. j\Ir. Alderman Xewnham ha^^ng given notice, in the House of Commons, of an address to the king on the subject of the prince's debts, and being supported by the friends of his Royal Highness, the king thought it better to arrange a compromise. This resulted in the addition of 10,000Z. a year to the income of the prince out of the civil list ; and the voting of 161,000L for the payment of his debts, and 20,000^. for the buildings at Carlton House.' No less than 63,700Z. were afterwards granted by Parliament, at different times, for the completion of this costly palace,' which, after being the scene of tinsel ' 25th Juno, 1783; Pari. Hist., xxiii. 1030; Lord J. Russell's Life of Fox, ii. 8; Lord Auckland's Corr., i. E«rl Stanhope's Life of Pitt, i. 123; AVraxall's M( m., iv. 4G4. ' Pari. Hist., xxAi. MIO. 10^8, .1001, 1207; Tomline's Life of Pitt, ii. 2f.O; LvTi lands were valued at 201,2.50/. a year;' in 1812 they were valued at 283,160^:2 in 1820 they actually yielded 114,852/. ; in 1830, they produced 373,770/. ; and in the year ending 31st March 1860, they re- turned an income of 416,530/.' But when the land revenues of the crown were at length becoming nearly an equivalent for Appropria- the civil list, a considerable proportion of proceeds of . -n IP the land the income was still diverted from the revenues. Exchequer. The land revenues, and the woods and forests, were originally managed, each by a Surveyor-General: but in 1810 the functions of these two offices were combined in a commission of woods, forests, and land revenues.'' In 1832, the superintendence of public works was added to the duties of this commission ; * when it soon became evident that what they received with one hand, they were too ready to pay over to the other. The revenue derived from the property of the crown, was applied with too much facility, to the execution of public works and improvements : the Exchequer was deprived of the funds which were due to it, in exchange for the civil list ; and Parliament was denied its proper control over an important branch of the public expenditure. To arrest this evil, an- other administrative change was necessary ; and in 1851, the departments of Woods and Forests and ' Report of Surveyor-General, Com. Joiim., liii. 187. * ist Keport of Comm. of Woodsj and rorests, 1812. • Finance Aocoiint.s, 18C0. « 60 Geo. III. c. 65. » 2 & 3 Will. IV. c. 1. 256 Revenues of the Crown. of Public Works were again entirely separated,' Hence, whatever may be the net proceeds of the property of the crown, they form part of the public revenue ; and whatever sums may be needed for public works, are voted by Parliament out of the general income of the state. A very important part of the expenditure of the oivii list civil lis^^ lias been caused, in every reign pensions. -^^^ ^-j^^ present, by the payment of pen- sions. Tlie grant of pensions by the crown has so often been the subject of political discussion, that a brief explanation of the law and usage by which they were granted, and the funds from which they were payable, will not be devoid of constitutional interest. Prior to the reign of Queen Anne, the crown had Restrictions exerciscd the right of charging its heredi- ofpen^onf ^^^J revcuues with pensions and annuities ; upoifcrown ^"^^ '^^ \>&exi held that the king had imds. power, in law, to bind his successors.^ But on the accession of Queen Anne, in 1701, when alienations of cro™ lands were for the first time restrained by Parliament,^ it was also provided that no portion of the hereditary revenues * could be alienated for any term, longer than the life of the reigning king.'' " 14 and 15 Vict. c. 41. ■-' Bankors' Case, 1691 ; State Trials, xiv. 3-43. ' Rupra, p. 229. ■* Tho hereditary revenues specified in the Act were these : the lierediUiry duties on beer, ale, or other liquors, the post-ofRce, first- fruits and tenths, fines on writs, post fines, wine licenses, sheriffs' processus and compositions, and seizures of uncustomed and pro- iiil)itud goods. ' 1 Anne, st. 1. c. 1. Civil List Pensions. 257 This Act, however, having been passed before the union with Scotland, did not extend to the „„„ . ' Pensions hereditary revenues of the Scottish crown, hereditary Nor was any similar Act passed in the Par- liament of Ireland, restraining grants from the hereditary revenues of Ireland : neither did the Act of Anne extend to the 4^ per cent, duties. Subse- quently to this Act, pensions on the hereditary revenues of the crown in England could only be gi'anted during the life of the reigning sovereign : but were practically re-granted at the commence- ment of every reign. But pensions charged on the hereditary revenues of Scotland and Ireland, and on the 4^ per cent, duties, continued to be granted for the lives of the grantees. On the accession of George III., the larger branches of the hereditary revenues of the pensions crown of England being surrendered in ex- fuist of change for a fixed civil list, the pensions which had previously been paid out of the heredi- tary revenues, were henceforth paid out of the civil list. There was no limit to the amount of the pensions so long as the civil list could meet the demand ; and no principle by which the grant of them was regulated, but the discretion of the crown and its advisers. No branch of the public expenditure was regarded with so much jealousy, as that arising out Jcaionsyof of the unrestricted power of granting ust. pensions by the crown. Not only did it involve a serious public burthen, — being one of the principal causes of the civil list debts, — but it increased the VOL. I. 8 258 Revenues of the Crown. influence of the crown, and impaired the independ- ence of Parliament. Mr. Burke, in brining for- ward his scheme of economical reform in 1780, dwelt much on the excessive amount of the pension list, and the absence of proper regulations ; and particularly adverted to a custom which then pre- vailed, of gTanting pensions on a private list, during pleasure, by which dangerous corruption might be practised. Mr. Burke proposed that the English pension list should be gradually reduced to 60,000Z., and that pensions should be restricted to the reward of merit, and ' real public charity ; ' extraordinary cases being in future provided for by an address of either house of Parliament. By the Civil List Act of the Rockingham admi- Eertriction nistratiou in 1782, the power of granting grant of peusious was considerably limited. It was pensions in 1782. provided that imtil the pension list should be reduced to 90,000L no pension above 300L a year should be granted : that the whole amount of pen- sions bestowed in any year should not exceed 600?., a list of which was directed to be laid before Parlia- ment : that the entire pension list should afterwards be restricted to 95,000L; and that no pension to anyone person should exceed 1,200/. This Act fully recognised the principles of Mr. Burke's plan : it affirmed almost in his very words, that by the usage of granting secret pensions during pleasure, ' secret ' 22 Geo. III. c. 82. On the 21st Febraarr, 1780, Sir G. Savile's motion for a list of the pensions was lost by a majority of two only. —Varl. Hist., xxi. 104 ; Lord Stanhope's Life of Pitt, i. 37 (,Lttt«r from Pitt). Civil List Pejisions. 259 and dangerous corruption may hereafter be practised;' and it directed that in future all pensions should be paid at the Exchequer. It fiuther acknowledged the principle that pensions ought to be granted for two causes only ; — viz. as a royal bounty for persons in distress, ,or as a reward for desert. So far, therefore, the English pension list was regulated, and made subject to parliamen- inah pension tary control. But the crown still retained ^"^^ ample means, from other sources, of rewarding poli- tical or personal serv ices. The hereditary revenues of the crown, in Ireland, amounting to the net simi of 275,102/., were still at the sole disposal of the crown, and were even alienable, so as to bind future fiovereigns. It is natural that this convenient fund should have been largely charged with pensions. They had been granted in every form, — during the pleasure of the crown, — for the life of the sovereign, — for terms of years, — for the life of the grantee, — and for several lives in being, or in reversion. As there was no control whatever over such grants, the pension list was continually increasing. Complaints had long been made of the reckless prodigality of tht- crown in bestowing pensions ; and so far back as 17o7, the Irish House of Commons had unanimously resolved ' that the granting of so much of the public- revenue in pensions is an improvident disposition of the revenue, an injury to the crown, and detrimental to the people.' Yet the pension list, which iu 1757 had amounted to 40,000/., was trebled in the first thirty years of George III. ; and, in 1793, had reached the prodigious siim of 124,000/. But the 8 2 2 6o Revenues of the Crown. abuse had now worked itself out, and could be toler- ated no longer. In that year, therefore, the govern- ment itself proposed a change, which was readily adopted by the Irish Parliament.' The hereditary revenues were surrendered in Ireland, — as they had previously been surrendered in England, — in ex- change for a fixed civil list of 145,000Z., exclusive of pensions; and a pension list of 124,000^., to be eventually reduced to 80,000^. Meanwhile the crowu was restrained from granting pensions, in any one year, exceeding 1,200^. : but still retained and exercised the power of granting pensions for life, and in reversion. It was not until 1813 that the Irish pension list was reduced to 80,000^., as contemplated by this Act. On the accession of George IV., this list was further reduced to 50,000L : no grants ex- ceeding 1,200^. in any one year being permitted until that reduction had been effected.'^ The hereditary revenues of the crown, in Scotland, Scotch remained exempt from parliamentary con- pensionust. ^^.^^^ ^^^-j jgjQ_ ^j^^^ time, the pensions charged upon them amounted to 39,000Z. It was then arranged by Parliament that no amount greater than 800L should be granted in any one year, until the pensions had been reduced to 25,000^. ; and that no pension exceeding SOOL a year should be given to any one person.^ There was still one fund left beyond the control of Pensions on Parliament, and of course amply charged the per . . cent.auties. with peusious. Uic 4^ per cent, duties • 33 Geo. III. c. 31 (Ireland). » Geo. IV. c. 1, s. 10. » 60 Goo. III. c. 111. Civil List Pensions. 261 were not surrendered until 1830, when William r\'. gave up Ms own life interest in them : the pen- sions previouslv granted being still payable by the state. At this time, the three pension lists of England, Scotland, and Ireland, were consolidated ; Coiucuda- tion of Tie and the entire civil pension Ust for the penaoniias. United Kingdom was reduced from 14:5,750/. to 7 5.000/. ; the remainder of the pensions being charged upon the Consolidated Fimd. Finally, on the accession of her present ^lajesty, the right of the crown to grant pensions B«gni«tton of pdkSOlB was restricted to 1,200/. a year. Such pen- m issr. sions were now confined, according to the terms of a resolution of the House of Commons, of the 18th Feb. 1834, to 'such persons as have just claims on the royal beneficence, or who, by their personal services to the crown, by the performance of duties to the public, or by their useful discoveries in science, and attainments in literatiu-e and the arts, have merited the gracious consideration of their sovereign, and the gratitude of their covmtry.' * At the same time an inquiry was directed by the House of Commons to be made into the existing pension list, which resulted in the voluntary surrender of some pensions, and the suspension or discontinuance of others.* The pensions thus reduced in amovmt, and sub- jected to proper regulation, have since been beyond the reach of constitutional jealousy. They no longer afford the means, of corruption, — they add ' I Vict, c 2 : Report on Ciril List. Dec 5di, 1 837. * Eeport on Fcuaiuds, -J4tb Julj. 1638. 262 Civil List Pensions. little to the influence of the crown, — they impose a trifling burthen on the people, — and the names of Ihose who receive the royal bounty are generally such as to command respect and sympathy. Such being the pecuniaiy relations of the crown i-on-ers of '^^^ royal family to Parliament, let us take over^e ^ brief review of the relations of the royal royal tamuy. fg^^jiy ^j^g peigTiing Sovereign. Among the prerogatives of the crown is that of a more than parental authority over the royal family ; and, in 1772, the king sought the aid of Parliament srarriageof for the enlarwmeut of his powers. The theDnkeof " ^ Gloucester. Duke of Glouccster had been married for several years to the Countess Dowager of Walde- grave ; but had not publicly acknowledged her as his consort, nor had she assumed his title.' At court she was neither recognised as his wife, nor discoun- tenanced as his mistress: but held an equivocal position between these two charactere. But in the autumn of 1771, another of the king's Of the Duke brothers, the Duke of Cumberland, an- of Cumber- i i • i • • • i r land. nounced to the km"- ms marnao-e with Jlrs. Horton, whom he at once called Duchess of Cumber- land. By a singular coincidence, his bride was a daughter of Lord Irnham, and a sister of the famous Colonel Luttrell, whom the court party had put into Wilkes's seat for Middlesex. The mortification uf the king, was only to be equalled by the malici- ous triumph of Wilkes. The family which had been made the instrument of his oppression, had ' Walpole's Mem., iii. 402 408 Marriages of the Kings Brothers. 263 now brought shame upon the king.' The Duke and Duchess were not only forbidden to appear at com-t themselves : but their society was inter- dicted to all who desired to be admitted to the palace.* At first the king was not without hope that the validity of the marriage might be questioned. It had been solemnised without the usual formali- ties prescribed by law : but the royal family had been excepted from Lord Hardwicke's Marriage Act, by the express command of George II., who would not allow restraints, intended only for his subjects, to be imposed upon his own family.^ Such re- straints might now have postponed, or even pre- vented, this hateful marriage. The alliance of the Duke of Cumberland with a subject was followed by the public avowal of his marriage by the Duke of Gloucester, whose wife's position would have been seriously compromised by any longer concealment. The king was now resolved to impose such restric- tions upon future marriages in his own family, as had never been contemplated for his subjects. And, in truth, if alliances with persons not of royal blood were to be prevented, the king and his brothers had given proof enough of the dangers to which princes are exposed. In his youth the king had been him- self in love with Lady Sarah Lennox : * the Duke ' Wdlpole says, ' Could punishment be morp severe than to be thus scotirjied by tht-ir own insl i iinient ? And how sinpuhir the fate of VV'ilkus, that n«w revongo iilwiiys presented itself to him when he was sunk to the lowest, ebb ! ' — Mmi., iv. 3.36. » Ihid., ;i62. • Ihid.. 3.VJ. * M]-. (in iivillo relates in liis Diary, that tlie king actually pro- posed to marry her, and tliiit her onf{a/.'enuMit with Lord Newbottle was eoMscfjiiently broken off; but she broke hi^r le<; w hilo out ridin^r, and during Irt absence tlio iiiateh was prevented, by represoula- 264 Powers of the Kmg of York had been attached to Lady Mary Coke ; and now his Majesty was deploring the marriages of his brothers. The prerogative claimed by the crown, in matters King-spower Concerning the royal family, was already erand-^ Considerable. In 1718, King George I., children. -^hen in open enmity with his son, the Prince of Wales, maintained that he had power, by virtue of his prerogative, to direct the education of his grandchildren, and even to dispose of them in marriage, to the exclusion of the parental authority of the prince. A question was submitted to the judges ; and ten out of the twelve, led by Lord Chief Justice Parker, afterwards Lord Macclesfield, decided in favour of the king's claim.' Even the two dissentient judges, who were of opinion that the edu- cation of the king's grandchildren belonged to their father, yet held ' that the care and approbation of their marriages, when grown up, belong to the king of this realm.' It was now proposed to enlarge this prerogative, Boyai Mnr- and cxtcnd the king's powers, by the au- riage Act, 177-'. thority of the law. On the 20th of February 1772, a message from the king was delivered to both houses of Parliament, stating that he was desirous ' that the right of approving all marriages in the royal family (which ever has belonged to the kings of this realm, as a matter of public concern) may be made effectual ; ' and recommending to their tions that she continued her intercourse with Lord Newbottle.— Grcnv. Papers, iv. 209. ' St. Tr., XV. 119.i ; Lord Campbell's Lives, iv. p. 621. " St. Tr., XV. 1225. over the Royal Family. 265 consideration the expediency of guarding ' the descendants of his late Majesty Greorge II.' (other than the issue of princesses married into foreign families), from marrying without the approbation of the king. On the following day, the Eoyal INIarriage Bill was presented to the House of Lords. The Prerogative . claimfd in preamble affirmed the prerogative, as regard to ^ ^ i o ' royal mar- claimed in the message, to its fullest extent, riages. and the wisdom and expediency of the king's re- commendation. The bill provided that no descend- ant of George II. (except the issue of princesses married into foreign families) should be capable of contracting matrimony, without the king's previous consent, signified imder his sign-manual, and de- clared in council ; and that any marriage contracted without such consent, shoiild be null and void. There was a proviso, however, — which it seems had not been contemplated when the message was delivered, — enabling members of the royal family, above twenty-five years of age, to marry without the king's consent, after having given twelve months' previous notice to the Privy Council, unless in the meantime both Houses of Parliament should signify their disapprobation of the marriage. Tliis concession, it is said, was caused by the resignation of Mr. Fox, who intended to oppose the measure, and by the disapprobation of some of the advisers of the crown.' It was also provided that any person Bolemnising, or assisting, or being present at the ' Fox'h Mom., i. 7.5 (H. Wulpole). 266 Powers of the King celebration of such prohibited marriages, should incur the penalties of prcemunire. This was unquestionably the king's own measure, and was reluctantly adopted by his ministers. His views of prerogative were exalted ; and in his o\vn family, at least, he was resolved that his authority should be supreme. The absolute control which he now sought for, over members of his family of full age, was not a little startling. First, as to his claim of prerogative. Had it ever yet been asserted to the same extent ? It had been recognised by the ' grand opinion' — as it was called — of the judges in 1718, so far as regarded the king's grandchildren, but no farther ; and it is impossible to read the arguments of the judges in that case, without being impressed ■\\ath the slender grounds, strained constructions of law and precedent, and far-fetched views of expedi- ency, upon whicli their conclusion was founded. As a matter of state policy, it may be necessary that the king should be empowered to negotiate alliances for the royal family, and for that purpose should liave more than parental authority. But the pre- sent claim extended to brothers, of whatever age, — to uncles, and to cousins. So comprehensive a claim Question to could uot be at once admitted. This ques- thejudt-es. ^j^^^ therefore, was put to the judges: 'is tlie king entrusted by law with the care and appro- bation of the marriages of the descendants of liis late JNIajesty Greorge II., other than his present Majesty's own children, during their minorities ? ' As this question extended to all descendants of George II., wliether within tliis kingdom or not, nine judges over the Royal Family. 267 unanimously answered it in the negative ; and to another question, more restricted, they replied, ' that the care and approbation of the marriages of the king's children and grandchildren, and of the pre- sumptive heir to the crown (other than the issue of princesses married into foreign families), do belong to the kings of this realm : but to what other branches of the royal family such care and appro- bation extend, we do not find precisely determined.' ' It was plain that the bill declared the prerogative to be much more extensive than that allowed by the judges. Yet in spite of their opinion, the lord chancellor, Lord Apsley, with an effrontery worthy of Lord Thurlow, said that ' he would defend every clause, every sentence, every word, every syllable, and every letter ' in the bill ; and ' would not con- sent to any amendment whatsoever ! ' The preroga- tive, be asserted, was founded in its ' importance to the state : ' an argument which might be extended to any other power claimed by the crown, on the same ground. The arbitrary character of the bill was conspicuous. It might be reasonable to prescribe certain Arbitrary rules for the marriage of the royal family : tl!i's"Act" ° as that they should not marry a subject, — a Koman Catholic, — or the member of any royal house at war with this country, without the consent of the king : but to prescribe no rule at all save the absolute will of the king himself, was a violation of all sound principles of legislation. Again, to extend the ' Pari. Hist.; xvii. 387. 268 Powers of tJie King minority of princes and princesses to twenty- five created a harsh exception to the general law, in re- gard to marriages.' The prohibition of a marriage might continue until the age of twenty-six ; and required nothing Lut the vote of a Parliament subservient to the crown, to render it perpetual ; aud this not by virtue of any general principle of law — human or divine, — but by the arbitrary will of a superior power. But the personal will of the king triumphed over all opposition, whether of argument or nimabers ; and he was implacable against those who opposed it.'^ The bill was passed rapidly through the House of Lords ; though not without one protest, signed by fourteen peers, and another signed by seven, in which the most material objections to the measure were con- cisely expressed. In the Commons the bill met with a more strenuous and protracted opposition : — the Lords' Jom-nals were searched for the opinion of the judges, — and tlie most serious arguments against the measure were ably and learnedly discussed. But ' A squib appeared in answer to the objection that a prince might ascend the throne at eighteen, yet might not marry till twenty- five : ' Quoth Tom to Dick,—" Thou art a fool, And little know'st of life : Alas ! 'tis easier far to rule A kingdom, than a wife." ' — PjrZ, Hist. xvii. 407. ' Fox's Mem., i. 75. Lord Chatham said of the Bill, 'the doctrine of the Royal Marriage Bill is certainly new-tangled and impudent, and the extcBit of the powers given wanton and tyrannical.' — Letter to Lord Shclburne, April 3id, 1772, Corr., iv. 203. Horace Walpole said, "Never was an Act passed against which so much and fur which so little was said.' — Fox's Mem., i. 81. See also Walpolc's Journ., i. 28-7'l. over the Royal Family. 269 it was still carried with a high hand. The door3 of the House were closed against all strangers, — ^peers in vain sought admission below the bar, — and the government even went so far as to refuse the print- ing of the bill, and supported their refusal by a large majority. No amendment was suffered to be made, except one of pedantic form, suggested by the speaker, that the king's consent to a marriage should be signified under the gi"eat seal ; and on the 24th March the bill was passed. Attempts have since been made, without success, to repeal this law,' and to evade its provisions ; but it has been inflexibly maintained. In 1785, the Prince of Wales contracted a clan- destine marriage with Mrs. Fitzherbert, a ^^^^^^ Koman Catholic. His marriage being with- X'^p;^nceoJ out the king's consent, and consequently invalid, the princely libertine ventured to satisfy the fair lady's scruples, and to indulge his own pas- sions ; while he was released from the sacred obli- gations of the man-iage tie, and saved from the for- feiture of his succession to the crown, which would have been the legal consequence of a valid marriage with a Eoman Catholic. Even his pretended marriage, though void in law, would have raised embarrassing doubts and discussions concerning the penal provisions of the Bill of Kights ; and, if con- fessed, would imdoubtedly have exposed Lim to obloquy and discredit. The prince, therefore, denied the fact of his marriage ; and made his best friend ' By Lord Ilollaiid, in 1820 ; lliinsard's Dcbiitos, Now Ser., i. 1099. 2 / O Powers of the King the unconscious instrument of this falsehood and deception.' The Duke of Sussex was twice married without Marriages the couseut of the crowu : iirst, in 1793, to o£ the Duke -n/i- i-i -tc of Sussex. Lady Augusta Murray ; and, later m life, to Lady Cecilia Underwood. His first marriage hav- ing been solemnised abroad, a question was raised whether it was rendered invalid by the Eoyal JMarriage Act. It was again celebrated in England, where it was unquestionably illegal. The king immediately directed a suit of nullity of marriage to be commenced by his proctor, and it was adjudged by the Court of Arches, that the marriage was absolutely null and void.'^ In 1831, the law officers of the crown were con- sulted by the government as to the validity of this marriage ; and their opinions confirmed the judg- ment of the Court of Arches. On the death of the Duke of Sussex in 1843, Sir Augustus D'Este, the son of his Royal Highness by this marriage, claimed the dukedom and other honours of his father. The marriage had been solemnised at Rome in 1793, according to the rights of the Church of England, by a clergyman of that establishment, and would have ' Pari. Hist., xxin.. 1070. Soe an oxcellent letter from Mr. Fox to tlie Prince, Doc. lOtl', 1785, dissuiidii'g his Koyal Highness from the marriage.— i^Vx',? Mem., ii. 278, 284, 287. The prince confessed his marriage to Lord Grey ; Unci., 289. Lord J. Russell's Life of Pox, ii. 177, et siq. Lord Holland's Mem. of the Wiiig Party, ii. 123-142,148. Langdale's Mem. of Mrs. Fit.zherbcrt. The general incidents of this discreditable marriage do not fall within the do&ign ot this work: but a most animated and graphic narrative of them will be found in Mr. Massey's History, vol. iii. 315-331. Hesekino v Lady A. Murray, Addam's Peports, ii. 400; Piu'n'a Eccl. Law, ii. 433 ; Ann. Reg. l"791, p. 23. over the Royal Family. 271 been a valid contract between British subjects but for the restrictions of the Eoyal Marriage Act ; and it was contended before the House of Lords, that the operation of that Act could not be extended beyond the British dominions. But it was the unanimous opinion of the judges, — in which tlie House of Lords concurred, — that the prohibition of the statute was personal, and followed the persons to whom it applied, out of the realm, and beyond the British jurisdiction. It was accordingly decided that the claimant had not made out his claim.' The prerogative of the king to direct the educa- tion of his grandchildren, which had been j.j,„p,^tj(,n established in 1718, was again asserted in cbrrVdtwf 1804. The king claimed the guardianship of the Princess Charlotte ; and the Prince of Wales, her father, perplexed with divided councils, was long in doubt whether he should concede or contest the right.^ At length, he appears to have agreed that the king should have the direction of the princess's education. The understanding not being very pre- cise, a misapprehension arose as to its conditions ; and it was said that the prince had withdrawn from hia engagement.'' But Mr. Pitt ultimately ' Clark and Finnclly's Reports, xi. 8.')-15l. ' Lord Maliiiosbiiry says : 'The two factions pulled the prince dif- forent ways ; Ladit's Moira, Ilntchinson, and Mrs. Fitzlierbert, were for his rcdint; the child to the kincr ; the ])uke of Clarenoe and Devonshiro House most violent apainst it, and the prince ever in- clines to the faction he saw last. In the Devonshire House Cabal, Lady Melbourne and Mrs. Fox act conspicuous iiarts, so that the alternative for our future (jueen seems to bu whether i\[rs. i'cjx or ilrs. Fitzherbert shall have the ascendency.' — Malm. Diar., iv. 313. • Letters of Mr. T. Orenville to the ManjutDS of Uuckingham, 272 Powers of the King. arranged this difference by obtaining the removal of the princess to Windsor, without excluding the prince from a share in the control of her education.' Nov. 26th, Dec. 1st and 11th, 1804 ; Court and Cab. of Geo. III., iii. 372, 385, 389, 391. " Ihid., 396, 398. Lord Colchester's Diary, i. 531. Lord Stan- hope's Life of Pitt, iv. 229, 254. 273 CHAPTER V. THE HOUSE OF LORDS : CONSTANT ADDITIONS TO ITS NUJinERS : PROFUSE CREATIONS IN THE REIGN OF GEORGE III. AND SINCE. REPRESENTATIVE PEERS OF SCOTLAND AND IBELAND : REPRESEN- TATIVE CHARACTER OF THE PEERAGE :— LIFE PEERAGES. — THE BI.SHDPS. POLITICAL POSITION OF THE HOUSE OP LORDS : ITS ENLARGEMENT A SOURCE OF POWER : THREATENED CREATION OF PEERS TO CARRY THE REFORM BILL. THE ARISTOCRACY, AND CLASSES ASSOCIATED WITH IT. NoTHiNa in the history of our constitution is more remarkable than the permanence of every Permanence r ■ PI of British institution forming part of the government insutmions. of the country, while undergoing continual, and often extraordinary changes in its powers, privileges, and influence. The crown, as we have seen, remains with all its prerogatives undiminished, and vdth. its sources of influence increased ; yet in the exercise of its great powers by responsible ministers, it has been gradually controlled by Parliament and public opinion, until the authority of the crown in govern- ment and legislation, bears as little resemblance to the sway of the Tudor and Stuart kings, as to that of Louis XIV. So also the House of Lords continues to hold its high place in the state, next to the croAvn, ^^^^ and still enjoys the greater part of its ancient privileges. Yet no institution has under- gone greater changes. In its numbers, its composi- tion, and its iuflueiicc, it is diflicult to recognise its VOL. I. T 2 74 House of Lords. identity with the ' Great Council ' of a former age. But the changes which it has undergone have served to bring this great institution into harmony with other parts of the constitution, and with the social condition of the people, upon which time has worked equal mutations. The continual additions which have been made to Constant number of temporal peers, sitting in to us'°"^ Parliament, have been so remarkable as to numbers. change the very constitution and character of the House of Lords. No more than twenty-nine temporal peers received writs of summons to the first Parliament of Henry VII. ; and this number had in- creased at the death of Queen Elizabeth to fifty-nine. The Stuarts were profuse in their creations,' and raised the number of the peerage to about one hundred and fifty ;^ which William III. and Queen Anne further increased to one hundred and sixty- eight.' In the latter reign no less than twelve Represen- P<^<^rs wcre Created at once, to seciue a ma- j^rTof jority in favoiur of the court, which they .Scotland. ^-^ Yery day of their introduction.* ' James I created sixty-two ; Charles I., fifty-nine ; diaries II., sixty-four; and James II., eight; being a total number of one hundred and ninety-three ; but during these reigns ninety-nine peerages became extinct, and thus the total addition to the peer- age was ninety-four. From returns delivered to tlie House of Lords in 1"19. As many of these peerages were sold by James I. and Charl.-s II., it is surprising that the creations were not even more numerous. ' In 1661, one hundred and thirty-nine lords were summoned. In 1696, tlie total number of temporal peers, exclusive of minors, Eoman Catholics, and non-jurors, was about one hundred and forty. — Macaulny's Hist., iv. 7'53. ' See list of one hundred and fifty-seven Peers in the first Par- liament of George I., capable of voting. — Pari. Hi Hotise of Lords. become extinct ; and instead of sixteen representative peers of Scotland, it was proposed that twenty-five liereditary peers should have seats in the House of Lords. This bill soon reached a third reading ; but not until it had raised so miich dissatisfaction in the House of Commons and the country, that its promo- ters thought prudent to abandon it. In the next session, however, another bill was introduced, by the I)uke of Buckingham, and sent down to the Com- mons ; where, after an effectual exposure of its un- constitutional character, — especially by Sir Eichard Steele, and Sir Eobert Walpole, — it was rejected by a majority of two hundred and sixty-nine voices, against one hundred and seventy-seven.^ It was, in truth, an audacious attempt to limit the prerogative of the crown, and discourage the granting of just rewards to merit, for the sake of perpetuating a close aristocratic body, — independent of the crown, and irresponsible to the people. The first two kings of the House of Hanover con- Ivnmber of tinned to make occasional additions to the tin? in peerage, which on the accession of George ment 17C0. HI. amounted to one hundred and seventy- four. Of this number, thirteen minors, and twelve Koman Catholics, were incapable of sitting and votinsr in Parliament.^ ' Pari. Hist., rii. 589-594. Coxe's Life of Walpole, i. IIS. Pari. Hist., vii. 606-627. Coxo's Life of Walpole, i. 117-125; ii. 551. Sir Robert Walpole also opposed the measure in a pam- phlet entitled, 'The Thoupjlits of a Member of the Lower House lu relation to a project fur restraining and limitino; the power of the Crown in the future creation of Peers.' Steele likewise op- posed it in 'Tiie Plebeian,' while Addison warmly supported it in ' The Old Wl-.ig.' . • Court and City Eegister for 1700. Profuse Creations by George III. 277 Great as had been the additions to the peerage since the reign of Queen Elizabeth, they were destined to be far exceeded in this ^''^f"^ and succeeding reigns. The creation of George^ peers, having become an expedient for in- ' creasing the influence of the crown, and the strength of parties, was freely resorted to by successive ministers. In the first ten years of this reign forty- two peers were created, or raised to a higher order in the peerage.' Lord North was liberal in the creation of peers, mth a \4ew to strengthen his own position creauona ° bj Lord as minister, and to carry out the policy of ^orth. the court. In 1776, before the continued arrears of the civil list were again brought before Parlia- ment, twelve new peers were created, one baron was raised to the dig-nity of a viscount, and three were promoted to earldoms.^ In 1780, he created seven new barons.^ During his administration he created or promoted about thirty British peers.* In Ireland, he distributed honours still more liberally. In 1777 he created eighteen barons, and raised seven barons and five viscounts to higher dignities in tlie peerage.* ]Mr. Pitt, himself disdaining honours,^ dispensed them to others with greater profusion than creations any former minister. Duiing the first five Put. ' Btatson's Political Index, i. 133. ' LortI North's Aclministnition, 257. Walpolc's Journ., ii. 34. Donne's Corr. of George III. with Lord North, ii. 22. ' Wiiljiole's Journ., ii. 4-6. * B. iit,son'8 Political Index, i. 137. * AValpole called thorn "a mob of nobility.' Joum., ii. 58. * In 1790 he declined the Garter, which the king pres.sed him tC accept. — Lord Stanhopes IMe, of Pitt, ii. 85 ; Ji'ids, App., xiii. 2/8 House of Lords. years of his admiDistration, he had created nearly fifty peers, and secured a safe majority.' The influ- ence he had himself derived from thus gratifying his supporters, suggested to him the precaution of restricting the regent in the exercise of this pre- Eestric- rogative. This restriction he proposed to poL^^™" extend to the entire period of the regency, regenMn which, howover, he trusted would be of short duration. Having created peers to consolidate his own power, he was unwilling to leave the same instrument in the hands of his opponents. Had his proposal taken effect, such a restraint, — extending over the whole regency, — was open to many of the objections which are admitted to apply to the more extensive limitation contemplated in 1719. It was said by ]\Ir. Pitt that the exercise of the prerogative was required to reward merit, to recruit the peerage from the great landowners and other opulent classes, and to render the crown inde- pendent of factious combinations among the exist- ing peers.^ All these grounds were as applicable to the regency as to any other time : while the fact of a powerful minister having recently made so large an addition to the House of Lords from his own party, R^tric- was the strongest argument against the ingthe proposed restriction. To tie up the hands r|gency o regent, was to perpetuate the power ' In the debates upon tlie Regency, Mr. Fox said forty-two, and Mr. Sheridan forty-eight. From Beatson's Political Index (i. 140) the latter statement appears to be strictly accurate. Pari. Hist., xxvii. 967, &c. ■■' His speech on the 16th Jan. 1789, is so imperfectly reported, that liis reasoning can only be gathered from the context of the Uebate, in wiiicli his observations are adverted to. Mr. Piifs Peerages. 2 79 of the minister. A similar condition was after- wards imposed upon the regent in 1810 : but, being limited to one year, was exposed to less objection. In 1792, when Mr. Pitt had been eight years in power, he had created between sixty and continued 1 /< 1 creations by seventy peers,' of whom the greater part Mr. Pitt. owed their elevation to the parliamentary support which they had themselves given to the minister, or to their interest in returning members to the House of Commons. In 1796 and 1797, he created and promoted no less than thirty-five peers, — within the space of two years.^ And, in 1801, he had created or promoted, during the seventeen years of his ad- ministration, upwards of one hundred and forty peers, sitting by hereditary right.' Can we wonder if some of these were unworthy of nobility ? He also introduced as members of that body, iu 1801, the Irish representative peers and bishops. It was not without misgivings that the king and jNIr. Pitt consented to so great an extension of the peerage but it was forced upon them by the importunity of . ' Mr. Sheridan's speech on Parliamentary Reform, April 30th, 1792. Mr. Courtonay, speaking in 1792, said: 'It had been ii matter of complaint that twenty-eight peers had lieeu made in the reign of George I., which, it was argued, would destroy the balance of power in the other branches of the constitution.' lUit Pitt 'had. created three times as many.' Pari. Hist , xxix. 1 19'1. The number of creations and promoti ns appears to have been sixty-four. Beat- son's Political Index, i. 114. - lieatson's Political Index, i. 147. Lord Stanhope's Life of Pitt, iii. 80. ' ]5eatson's Political Index, i. 149, el seq. Collins' Peerage, by Sir Egerton Brydges, viii. ' Pari. Hist., xxvii. 1198, xxix. 1330, xxxiii. 1197; Butler's Rem., i. 76. * Stanhope's Life of Pitt, i. 307, App. xiii. ; and see WraxaU'B Mem., iii. 149. House of Lords. iriends and partisans, — by the rivalry of old and new families, — and by the just claims of merit and public service. Meanwhile, a host of Tory nobles in one house, and their nominees in the other, were sure allies and champions of the com't. The peerage of Ireland, on the union of that Fepresenta- couutry, was dealt with, in some measure, Tive peers of i n Ireland. upou different principles from that of Scot- land. The principle of representation was followed ; twenty-eight representative peers being admitted to seats in the Parliament of the United Kingdom. But they were elected, not for the Parliament only, as in Scotland, but for life. Again, no Scottish peers could be created after the Union : but the peerage of Scotland was perpetuated, as an ancient and ex- clusive aristocracy. It was otherwise with Ireland. It was admitted that the peerage of that country was too numerous, and ought gradually to be dim- inished ; and with this view, the royal prerogative was so far restricted, that one Irish peer only can be created, whenever three Irish peerages, — in existence at the time of the Union, — have become extinct. But the object of this provision being ultimately to reduce the number of Irish peers, — not having here- ditary seats in Parliament, — to one hundred, it was also provided that when such reduction had been effected, one new Irish peerage may be created as often as a peerage becomes extinct, or as often as an Irish peer is entitled, by descent or creation, to a peerage of the United Kingdom.' ' In 18.j9. the Irish peerage consisted, besides the King of Han- over and ouc Peeress, of 11)3, of whom 73 are als j English poeis. Increase of tJte Peerage. 281 Another peculiar arrangement, made on the union of Ireland, was the permission granted to permission Irish peers of sitting in the House of Com- pei^'' mons for any place in Great Britain, — a Hou*eof*''* privilege of which they have extensively availed themselves.' At the same time, an addition of four lords spirit- ual was made to the House of Lords, to re- insh r. pre- present the episcopal body of Ireland, and bLsUops. to sit by rotation of sessions ; of whom an archbishop of the Church in Ireland was always to be one.^ At the imion there were twenty bishoprics and arch- bishoprics of the Church in Ireland ; but provision was made in 1833, by the Church Temporalities Act, for the reduction of that number to ten ^ Since the union, further additions have con- tinually been made to the Peerag e of the Peerages of TT • 1 T^- 1 1 1 ■ ^1 the United United Kingdom ; and an analysis of the Kingdom, existing peerage presents some singular results. In It will probably be more than a century before the number is reduced to 100. Note to Lord Comw.iUis' Corr., iii. 214. ' By the Reform Kill of 1860, it was proposed to extend this privilege to places in Ireland, as well as Great Britain. In ' A Letter to the Earl of Listowel, M.P. for St. .-Vlbans, by a " .Joint of the Tail,"' 1841, the position of his lordship as a peer of Ireland and a member of the House of Commons, was thus adverted to: ' A peer, and in your own right — and j'et a peer without rights! Possessor of a name, of a diguity having no better reality than in a sound. . . . Tnie, you are at this moment a leirislator, but by no right of birth, and only as a commoner; and, again, as representa- tive for an English town, not for one in Ireland. However great your stake in that country, you could not, though fifty places were held open for you, accept one ; your marrowless dignity gliding gho'it-liki- in, to forbid the proffered seat.' ' 15y the Act of 1869 for disestablishing the Church in Ireland, theie bi.sho{)S lost their seats in Parliament. • 3 & 4 Will. IV. c. 37, schedule B. 282 House of Lords. 1860, the House of Lords consisted of four hundred Summary of ^'^^ sixtj lords, Spiritual and temporal, creations. rpj^^ number of hereditary peers of the United Kingdom had risen to thi'ee hundred and eighty-iive, exclusive of the peers of the blood royal. Of these peerages, one hundred and twenty- eight were created in the long reign of George III. ;' forty-two in the reign of George IV. and one hundred and seventeen since the accession of William IV.^ Thus two hundred and eighty- seven peerages were created, or raised to their present rank, since the accession of George III. ; or very nearly three-fourths of the entire number. But this increase is exhibited by the existing peer- age alone, — notwithstanding the extinction or merger of numerous titles, in the interval. The actual number of creations during the reign of George III. amounted to three hundred and eighty-eight ; or more than the entire present number of the peer- age." No more than ninety-eight of the peerages ex- Antiqnity of isting iu 1860 could claim an earlier crea- the peerage. ^-^^^ ^j^j^j^ ^.j^g GoOrgC III. : butthis fact is an imperfect criterion of the antiquity of the peerage. When the possessor of an ancient dignity ' Viz., two dukes, thirteen marquesses, tliirty-eiglit earls, eight viscounts, and sixty-sevon barons. ^ One duke, two marquesses, seven earls, three viscounts, twenty- nine barons. ' Two dukos, five marquesses, twenty earls, six viscounts, eight^'- four barons. ■* The followinc; Table, prepared by the late Mr. Pulman, Olaren- eieux King of Arms, was placed at my disposal by the kindncf-s of hib sou : Increase of the Peerage. 283 is promoted to a higher grade in the peerage, his lesser dignity becomes merged in the greater, but more recent title. An earl of the fifteenth centiuy, is transformed into a marquess of the nineteenth. Many of the families from which existing peers are descended, are of great antiquity ; and were noble before their admission to the peerage. Xor must the ancient nobility of the Scottish peerage be for- gotten in the persons of those high-bom men, who now figure on the roll, as peers of the United King- dom, of comparatively recent creation. Great as this increase of peerages has been, it has borne no proportion to the demands made xnmerons TT» r- 1 • claims to upon the favour of the crown. \\ e find m peerages. Lord Malmesbury's Diary for 1 807 this entry : — ' Lord Whitworth and Mr. Heathcote (Sir William's son) urged me to apply for peerages. I told them truly, there were no less than fifty-three candidates for peerage, and to none of which the king would Statement shounng the number of Peerages created within periods of Twenty Years from 1700 to 1821. Dnkes Mar. quesses Earls Vis- counts Barons From 1700 to 1720 inclusive 22 14 33 30 58 „ 1721 10 17 10 2 3 14 8 19 „ 1741 to 1760 2 1 24 15 34 „ 1761 to 1780 4 1 14 9 46 „ 1781tolS0i) 4 10 24 23 91 „ 1801 to 1821 3 8 37 34 80 37 37 146 119 328 Total nuiTilier of pccriipps created. C67 ; of which 388 were croated between 17(>1 and 1821. From 1830 to l.Sfio, 15.') peerages (includini; promotions ) were created. From 1861 to 1870 inclusive, 60 peer.iges \rere created. — Pari. Return, No. 81, 1871. 284 House of Lords, listen,' • And every minister since that time, has probably been obliged to resist the solicitations of not less than ten earnest claimants, for every peerage -ivhich he has advised the crown to bestow. "When Lord Grrey was contemplating the creation of nearly one hundred peers in 1832, there was no lack of candidates, although the occasion was neither flattering to their self-esteem, nor free from offen- sive imputations. And, more recently, another minister discovered, in a single year, that upwards of thirty of his supporters were ambitious of the peerage, as an acknowledgment of their friendship towards himself, and devotion to his party. With this large increase of numbers, the peerage Changes in Undergone fm-ther changes, no less re- tlon^ofuie^' niarkable, in its character and composition. Peerage. louger a couucil of the magTiates of the land, — the territorial aristocracy, the descend- ants or representatives of the barons of the olden time ; but in each successive age, it has assumed a more popular and representative character. ]Men who have attained the first eminence in war and diplomacy, at the bar or in the senate, — men wisest in council, and most eloquent in debate, — have taken their place in its distinguished roll ; and their historic names represent the glories of the age from which they sprung. Men who have amassed fortunes in commerce, or whose ancestors have enriched themselves by their own industry, have also been admitted to the privileged circle of the peerage. ' Lord ^falju. Diary, iv. 397. A Itcred Character of tJte Peerage. 2S5 Men of the highest intellects, achievements, and wealth, the peerage has adopted and appropriated to itself : men of secondary pretensions, it has still left to the people. A body so constantly changed, and recruited from all classes of society, loses much of its dis- its repre- 1 T 1 -n • • sentative tiuctive hereditary character, reers sitting character, in Parliament by virtue of an hereditary right, share their privilege "vs-ith so many, who by personal pre- tensions have recently been placed beside them, that the hereditary principle becomes divested of exclu- sive power, and invidious distinction. At the same time, the principle of representation has been largely introduced into the con- Extension stitution of the House of Lords. The represen- tative Sixteen representative peers 01 Scotland, principle, elected only for a Parliament ; the twenty-eight representative peers of Ireland, elected for life, — form a body as numerous as the entire peerage in the time of Henry VIII. And when to these are added the twenty-six English bishops, holding their seats for life, — the total number of Lords not sitting by virtue of hereditary right, becomes a considerable element in the constitution of the Upper House.' In analysing these numbers, however, the grow- ing disproportion between the representa- nigpropo,. tive lords and the hereditary peers cannot htm'Tw^" fail to be apparent. If sixteen Scottish ""nJlve" peeis were deemed an inadequate represen- ' There are seventy lords of Parliament not sitting by hfreditary riirht. 286 House of Lords. tation of the ancient peerage of Scotland in the reign of Anne, — what are they now, when the peer- age of the United Kingdom has been trebled in numbers? But this inequality, — appai'ently exces- sive, — has been corrected by tJie admission of Scottish peers to hereditary seats in the British Scottish House of Lords. In 1860 there were peers cren- ted^pcers seveuty-eight Scottish peers,' of whom no Britain. less than forty, — or more than half, — sat in Parliament by virtue of British peerages created in their favoiir since the union. Great was the jealousy with which the House of Their right Lords at first regarded the admission of to sit denied, g^ottish pecrs to the peerage of Great Britain. In 1711, the Duke of Hamilton was created Duke of Brandon, of the peerage of Great Britain : when the Lords declared, by a majority of five, that no patent of honour granted to any peer of Great Britain who was a peer of Scotland at the time of the Union, entitled such peer to sit and vote in Parliament, or to sit upon the trial of peers.^ The undoubted prerogative of the queen was thus boldly set aside for a time, by an adverse determi- nation of the House of Lords. At the time of this decision, the Duke of Queens- Rishtsot berry was sitting by virtue of a British Pwread- peerage, created since the union. The mitteiL determination of the Lords prevented, for ' There were also two peeresses, and the Prince of Wales, who is Duke of Rothesay. - Lords' .lonrn., xix. 346; Peere Williams, i. 582; Burnet's Owu Time, vi. 8fi ; Somerville's Queen Anne, 549. Rig Ids of Scottish Peers. 28 7 many years, the direct admission of any otb^r Scottish peers to the peerage of Great Britain ; but this restriction was cleverly evaded by frequent creations of their eldest sons, who, having obtained seats in the House of Lords, succeeded, on the death of their fathers, to their Scottish peerages.' At length, in 1782, the question of the disability of Scottish peers to receive patents of peerage in Great Britain, was referred to the Judges, who were un- animously of opinion that no such disability had ever been created by the Act of Union. The Lords, therefore, reversed the decision of 1711 ; and hence- forth Scottish peers were freely admitted to the ranks of the British peerage.* In 1787, another important question arose, affect- ing the rights of the Scottish peerage. It ^^^^ had been the plain intention of the Act of 'h,'S/'rU;M9 Union, that the peers of Scotland, who were tativel^re denied a seat in the Parliament of Great Britain, should be entitled to representation by members of tlieir own body, subject to the same political conditions as themselves. The right of the crown to admit Scottish peers to the peerage of Great Britain having at length been recognised, the king exercised the right in favour of the Earl of Abercorn and the Duke of Queensberry, — both of whom were sitting, at that time, in the House of Lords, as representative peers of Scotland. That these noblemen, who now sat by hereditary right, ' Walpole'g Mom. of Geo. III., ii. 412. ' 6th June, 1782 ; Lords' Journ., xxxvi. 517. 288 House of Lords. sliould continue to be the representatives of the Scottish peerage, was a constitutional anomaly which could not easily be maintained. As well might it have been contended that a member of the Lower House continued to represent the constituents by whom he had been elected, notwithstanding his elevation to a seat in the House of Peers. In 1736, indeed, the Duke of Athol had inherited the Barony of Strange, and had continued to sit as a represen- tative peer, without any decision of the House of Lords, or any question being raised concerning his legal position. But now Lord Stormont brought the matter before the House of Lords, in a clear and vmanswerable argument ; and though he was boldly opposed by Lord Thurlow, the House resolved that the Earl of Abercorn and the Duke of Queensberry ]iad ceased to sit as representatives of the peerage of Scotland.' The two peers thus disqualified from sitting as representatives, immediately proceeded to vote as Scottish peers for their successors, in contravention of a resolution of the House of Lords, in 1708. An attempt was made to defend their right to vote, and to cast doubts upon the former determination of the House : but the Lords were not to be convinced ; and directed a copy of the resolution of January 21, 1708-9, to be transmitted to the Lord Registrar of Scotland, with an 'injunction to him that he do conform thereto.' For a time this order was ' Lords' .Tourn., xxxvii. 594 ; P:irl. Ilist., xxvi. 596. ^ Pari. Hist., xxvi. 1158 (May 18, 1787); Lords' Journ., xxxvii. 709. Rights of Scottish Peers. 289 observed : but in 1793, it was superseded by another decision ; and since that time, all peers of Scotland have been permitted to vote for representatives.' Meanwhile, the admission of Scottish peers to hereditary seats in the House of Lords, is present tending to a singular result. At no distant the'scott^h period, the Scottish peerage will probably p**^"^""*- become absorbed in that of the United Kingdom. One half their number have already been absorbed : more may hereafter be admitted to the House of Lords ; and, as no new creations can be made, we may foresee the ultimate extinction of all but sixteen Scottish peers, not embraced in the British peerage. These sixteen peers, instead of continuing a system of self-election, will then probably be created here- ditary peers of Parliament. The Act of Union will have worked itself out ; and a Parliamentary incor- poration of the two countries will be consummated, — more complete than any which the most sanguine promoters of the Union could, in their visions of the future, have foreshadowed. A similar absorption of the Irish peerage into the peerage of the United Kingdom has also p,i,jent been observable, though, by the terms of uTirtsV' the Act of Union, the full number of one '^"'"'^ hundred Irish peers will continue to be maintained. In 1860, there were one hundred and ninety-three Irish peers,^ of whom seventy-one had seats in Par- ' Cases of Duke of Queensberry and Earl of Abercorn, 6'h June, 1793. Lords' Journ., xxxix. 726. • There is also one perress ; and the King of Hanover is Earl of Armagh in the pceraj^e of Ireland. VOL. I. U House of Lords. liament, as peers of the United Kingdom. Thus, the peers of Ireland sitting in Parliament, — includ- ing the representative peers, — amounted to ninety- nine. By this fusion of the peerages of the three king- Fusion of doms, the House of Lords has grown at once the peer- ages of the more national, and more representative in three king- doms, its character. As diflferent classes of society have become represented there, so different nationalities have also acquired a wider representa- tion. Nor ought it to be overlooked that Scotland and Ireland are furtlier represented in the House of Lords by numerous commoners, of Scottish and Irish birth, who have been raised to the dignity of the peerage for distinguished services, or other eminent qualifications. But all temporalpeers,— whether English, Scottish, Hereditary or Irish, and whether sitting by hereditary of the^peer- right or by election, — have been ennobled in blood, and transmit their dignities to their heirs. Hereditary descent has been the charac- teristic of the peerage, and — with the exception of the bishops — of the constitution of the House of Lords. In 1856, however. Her ]Majesty was advised to Defects in introduce among the hereditary peers of the late juris- realm, a new class of peers, created for life the Lords. Only. W(>ll-foundcd complaints had been made of the manner in which the appellate juris- diction of the House of Lords had been exercised. The highest court of appeal was often without judges, theiv place being filled by peers unlearned Life Peerages. 291 in the law, who sat as members of the court, without affecting to participate in its judgments. This had been an evil of long standing ; though it had not, until lately, aroused the vigilance of suitors and the public. For some years after the Eevolution, there had not been a single law-lord in the House, — Lord Somers having heard appeals as Lord Keeper. When that distinguished lawyer was at length admitted to a seat in the House of Peers, he was the only law-lord. During the greater part of the reigns of Greorge II. and George III., appeals had been heard by Lord Hardwicke, Lord Mansfield, Lord Thurlow, and Lord Eldon, sitting in judicial solitude, — while two mute, unlearned lords were to be seen in the background, representing the collective wisdom of the court. In later times a more decor- ous performance of judicial duties had been exacted by public opinion ; and frequent changes of adminis- tration having multiplied ex-chancellors, the number of law-lords was greater than at former periods. But in an age in which reforms in the administra- tion of justice had become an important department of legislation, and a subject of popular interest, theoretical improvements, at least, were demanded in the constitution of tlie first court of appeal. As an expedient for adding to the judicial strength of the House, without a permanent increase ufc-peer- of its numbers, it was suggested that the "^''^ most eminent judges might be admitted to the pri- vilege of sitting there, for life only. The pmictice of granting peerages for life was not a constitutional u 2 292 House of Lords. novelty, but had long fallen into desuetude. Between the reigns of Eichard II. and Henry VI., several precedents were to be found of the creation of life-peerages. Some of these, however, had been made, — like many other peerages of that period, — in full Parliament : some had been granted to peers already entitled to sit in Parliament by hereditary right : some peers so created had never sat in the House of Peers : one had been a foreigner, who could not claim a seat by virtue of his title : and, for upwards of four hundred years, there was no instance on record, in which any man had been admitted to a seat in the House of Lords, as a peer Life-peer- for life. But there were many later in- ages to . i-iiT 11 - iTf women. stauccs lu which ladies had received liie- peerages. Charles II. had created the beautiful Louise-de Querouaille, Duchess of Portsmouth for life ; James II. had created Catherine Sedley a baroness, by the same tenure ; George I. had raised Madame de Schulemberg to the rank of Duchess of Kendal for life, and had conferred a life-peerage upon her niece ; ' and George II. had made Madame Walmoden Countess of Yarmouth for life. Between the reign of James I. and that of George II., peer- ages for life had been granted to no less than eighteen ladies. But as the fair sex are unable to sit in Parliament, this class of peerages could not be relied upon, in support of the right of the crown to introduce life-peers into the Houce of Lords. There was, however, another class of peerages, ' Or reputed daughter, the Countess of Walsingham. Life Peerages. 293 whence a strong argument was derived in favour of the royal prerogative. Though peerages Peerages / ^ ° & r o mth remain- in their general character have been here- dei-sover. ditary, — descending like estates to the elder son, — yet peerages have been continually granted to persons, with remainder to collateral relatives, or to the elder son of the peer by a second wife, or to the son of a younger brother, or other relative not in the direct line of succession, as heir at law. All grants of this class — being governed, not by the general law of descent, but by the special limitations in the patent — were exceptions from the principle of hereditary succession. The first grantee was, in effect, created a peer for life, though the second grantee became entitled to the peerage, subject to the ordinary rights of succession. But the grant of a peerage of this class was plainly distinguishable from a peerage for life, as it provided — though in an exceptional manner — for the duration of the dignity beyond the life of the first grantee. It was indeed maintained that such peerages afforded fm-thor evidence against the legality of life-peerages, as. they had been constantly granted, without objection, while none of the latter had been created for centuries. But if these precedents and analogies were obso- lete, or of doubtful application, the legality Authorities of life-peerages had been recognised by J," ufei'i^r- nearly all constitutional authorities. Lord Coke had repeatedly affirmed the doctrine, that the crown may create peerages ' for life, in tail, or in fee : ' the loarnod Solden had referred to the ancient 294 House of Lords. custom witliout comment : Chief Baron Comyns and Cruise had accepted the authority of Coke as im- questioned law : the popular Blackstone had re- peated and enforced it ;^ and, lastly, Lord Eedes- dale's committee, ' On the dignity of a Peer,' in 1822, had acknowledged it without reserve.*^ Butler was the only eminent writer who had expressed any doubt upon the subject.' The doctrine had also been generally received among statesmen as well as la\vyers. Lord Liverpool's administration, impressed with the necessity of improving the appellate juris- diction of the Lords, had, at one time, imanimously resolved to create life-peers. In 1851, the govern- ment of Lord John Russell had offered a life-peerage to Dr. Lushington, the distinguished judge of the Admiralty Court, who, by a late statute, had been denied the privilege of sitting in the House of Commons. In the Devon peerage case. Lord Brougham had stated from the woolsack, as chan- cellor, that the crown had not only the power of creating a peerage for the life of the grantee him- self, but for the life of another person ; and upon a more recent occasion, Lord Campbell had laid it down in debate, that the ' crown might create, by its prerogative, a peerage for life, but not a peerage during a man's continuance in office : that would ' ' For a man or ■woman may be created noble for their own lives, and the dignity not descend to their heirs at i-ll, or descend only to some particular heirs, as where a peerage is limited to a man and the heirs male of his body, by Elizabeth, his present lady, and not to such heirs by any former or future w ife.' — Steph. Blackstone, ii. 68SL - 3rd Rep. 37, 38. » Coke's Inst., 19th edit., by Hargrave and Butler. Life Peerages. 295 require an enactment of the three branches of the legislature.' ' Eelying upon these precedents and authorities, ministers advised her Majesty, before the The wens- leydale meeting of Parliament in 1856, to issue peerage, letters patent to Sir James Parke, lately an eminent baron of the Com-t of Exchequer, creating him Baron Wensleydale for life. The letters patent were issued : but the peers loudly protested against the intrusion of a life-peer to sit amongst the hereditary nobles of the realm. An untimely fit of the gout disabled Lord Wensleydale from presenting himself, with his writ of summons, on the first day of the behtiion ; and on the 7th of February, Lord Lyndhurst proposed, in a masterly speech, to refer his excep- tional patent to the Committee of Privileges. Throughout the learned del)ate which followed, the abstract prero2:a,tive of the crown to Ar<^jments 1 . ~ for and create a life-peerage was scarcely ques- against it. tioned; but it was denied that such a peerage con- ferred any right to sit in Parliament. It was treated as a mere title of honour, giving rank and precedence to its possessor, but not a place in an hereditary legislative chamber. The precedents and authorities in support of life-peerages were ex- posed to a searching criticism, which failed, how- ever, to shake the position that the crown had, in former times, introduced life-peers to sit in the House of Lords. But it was admitted on all sides, that no such case had occurred for upwards of four • Hans, Deb., June 27tli, 1851,3rd SericB, cxvii. 1312. 296 House of Lords. hundred years. Hence arose a most difficult question of constitutional law. Had the ancient prerogative of the crown been lost by desuetude ; or could it be exercised, if the Queen thought fit to revive it ? The ministers, relying upon the maxim, nullum tempus occurrit regi^ argued that there could be no loss of prerogative by lapse of time. But their opponents forcibly contended that the crown could not alter the settled constitution of the realm. In ancient times, — before the institutions of the country had been established by law and usage, — the crown had withheld writs of summons from peers who were unquestionably entitled, by inheri- tance, to sit in Parliament : the crown had disfran- chised ancient boroughs by prerogative ; and had enfranchised new boroughs by royal charter. What would now be said of such an exercise of the prero- gative ? By constitutional usage, having the force of law, the House of Lords had been for centuries a chamber consisting of hereditary councillors of the crown, while the House of Commons had been elected by the suffrages of legally qualified electors. The crown could no more change the constitution of the House of Lords by admitting a life-peer to a seat in Parliament, than it could change the repre- sentation of the people, by issuing writs to Birken- head and Staleybridge, or by lowering the franchise of electors. Passing beyond the legal rights of the crown, the opponents of life-peerages dilated upon the hazard- ous consequences of admitting this new class of peers. Was it probable that such peerages would be con- Life Peerages. 297 fined to law-lords ? If once recognised, would they not be extended to all persons whom the ministers of the day might think it convenient to obtrude upon the House of Lords ? flight not the heredi- tary peers be suddenly overpowered by creatures of the executive government, — not ennobled on accoimt of their public services, or other claims to the favour of the crown, but appointed as nominees of ministers, and ready to do their bidding ? Nay ! might not the crown be hereafter advised to discontinue the grant of hereditary peerages altogether, and gradu- ally change the constitution of the House of Lords from an hereditary assembly, to a dependent senate nominated for life only ? Nor were there wanting eloquent reflections upon the futm-e degradation of distinguished men, whose services would be rewarded by life-peerages instead of by those cherished honom-s which other men, — not more worthy than themselves, — had enjoyed the privilege of transmitting to their children. Sitting as an inferior caste, among those whom they could not call their peers, they would have reason to deplore a needless innovation, which had denied them honours to which their merits justly entitled them to aspire. Such were the arguments by which Lord Wensley- dale's patent was assailed. They were ably Decision of combated by ministers; and it was even t^o Lords, contended that without a reference from the crown, the Lords had no authority to adjudicate upon the right of a peer to sit and vote in their House ; but, on a division, the patent was referred to the Com- 2q8 House of Lords. mittee of Privileges, by a majority of tliirty-three.' After an inquiry into precedents, and more learned and ingenious debates, the committee reported, and the House agreed, 'that neither the letters patent, nor the letters patent with the usual writ of sum- mons issued in pursuance thereof, can entitle the grantee to sit and vote in Parliament.'^ Some hereditary peers, who concurred in this conclusion, may have been animated by the same spirit of jealousy which, in 1711, had led their ancestors to deny the right of the cro^vn to admit Scottish peers amongst them, and in 1719 had favoured a more extensive limitation of the royal prerogative : but with the exception of the lord chancellor, — by whose advice the patent had been made out, — all the law-lords of both parties sup- ported the resolution, which has since been generally accepted as a sound exposition of constitutional law. Where institutions are founded upon ancient usage, it is a safe and wholesome doctrine that they shall not be changed, unless by the supreme legislative authority of Parliament. The crown was forced to submit to the decision of the Lords ; and Lord Wensleydale soon afterwards took his seat, under a new patent, as an hereditary peer of the realm. But the question of life-peerages was not imme- Further diately set at rest. A committee of the fu°rin^re- Lords having been appointed to inquire ute"pe^- ii^^^o appellate jurisdiction of that House, recommended that her Majesty ' Content, 138; not content, 105. Hans. Dot)., 3ril Sor., cxI. 203. ' Ibid., WWl tt scq.\ licport of Commiltee of rrivilegcs; Clark's House of Lords' Cases, v. 'Jo8. Lords Spiritual. 299 should be empowered by statute, to confer life-peer- ages upon two persons who had served for five years as judges, and that they should sit with the lord chancellor as judges of appeal and ' deputy speakers.' A bill, founded upon this recommendation, was passed by the House of Lords ; but after much dis- cussion, it miscarried in the House of Commons.' In reviewing the rapid growth of the temporal peers sitting in Parliament, it is impossible not to be struck with the altered propor- tions which they bear to the lords spiritual, as com- pared with former times. Before the suppression of the monasteries by Henry VIII., in 1539, when the abbots and priors sat with the bishops, the lords spiritual actually exceeded the temporal lords in number. First in rank and precedence, — superior in attainments, — exercising high trusts and extended influence, — they were certainly not inferior, in political weight, to the great nobles with whom they were associated. Even when the abbots and priors had been removed, the bishops alone formed about ane third of the House of Lords. But while the temporal lords have been multiplied since that period about eight-fold, the English bishops sitting in Parliament have only been increased from twenty- one to twenty-six, — to whom were added, for a time, the four Irish bishops. The ecclesiastical element in our legislature has thus become relatively incon- siderable and subordinate. Instead of being a third of the House of Lords, as in former times, it now ' Hans. Deb.. 3rd Sor., cxlii. 780, 899, 1059 • Hid., cxliii. 428, 583,613. 300 House of Lords. forms less than a fifteentli part of that assembly : nor is it likely to receive any accession of strength. When the pressing demands of the church obtained from Parliament the constitution of the new bishopric of Manchester, care was taken that not even one spiritual lord should be added to the exist- ing number. The principle of admitting a new bishop to sit in Parliament was indeed conceded ; but he was allowed that privilege at the expense of the more ancient sees. Except in the case of the sees of Canterbury, York, London, Durham, and Winchester, the bishop last appointed receives no writ of Summons from the crown to sit in Parlia- ment, until another vacancy arises.^ The principle of this temporary exclusion of the junior bishop, though at first exposed to objections on the part of the chm'ch, has since been found to be not without its advantages. It enables a bishop recently inducted, to devote himself without interruption to the labours of his diocese, while it relieves him from the ex- penses of a residence in London, at a time when they can be least conveniently borne. But, however small their numbers, and diminished Attempts their influence, the presence of the bishops wshops"'"' Parliament has often provoked opposition House*of remonstrance. This has probably arisen, more from feelings to which episco- pacy has been exposed, than from any dispassionate objections to the participation of bishops in the ' Bishopric of Manohcstor Act, 10 & 11 Vict. c. 108. Sco also Debates, 1 844, in the House of Lords, on the St. Asaph and Baagor Dioceses' Bill. Lords Spiritual. 301 legislation of the country. Proscribed by Presby- terian Scotland, — ejected from Parliament by the English Pm-itans,' — repudiated in later times, by every sect of dissenters, — not regarded with too much favour, even by all the members of their own church, — and obnoxious, from their dignity and out- ward pomp, to vulgar jealousies, — the bishops have had to contend against many popular opinions and prejudices. Nor has their political conduct, gene- rally, been such as to conciliate public favour. Ordinarily supporting the government of the day, — even in its least popular measures, — leaning always to authority, — as churchmen, opposed to change, — and precluded by their position from courting popu- larity, — it is not surprising that cries have some- times been raised against them, and efforts made to pull them down from their high places. In 1834, the Commons refused leave to bring in a bill ' for relieving the bishops of their legislative and judicial duties in the House of Peers,' by a majority of more than two to one.* By a much greater majority, in 1836, they refused to affirm ' that the attendance of the bishops in Parliament, is prejudicial to the cause of religion.'^ And again in the following year, they denied, with equal emphasis, the proposition that the sitting of the bishops in Parliament ' tends to alienate the affec- tions of the people from the established Church.'* ' 16 Car. I. c. 27. ' 13th March, 1834. Ayos, 58 ; Nops, 125. • 26th April, 1836. Ayes, .i.'k; Noes, 180. • 18th February, 1837. Ayes, 92; Noea, 197. 302 House of Lords. Since that time, there were no adverse motions in Parliament, and few unfriendly criticisms else- where, in relation to the Parliamentary functions of the bishops. Their place in our venerable constitution has Circum- hitherto been upheld by every statesman, favmirabie and by nearly all political parties. At the bishops. same time, the liberal policy of the legislature towards Roman Catholics and Dissenters, has served to protect the bishops from much religious animosity, formerly directed against the church, of which they are the most prominent representatives. Again, the church, by the zeal and earnestness with which, during the last thirty years, she has followed out her spiritual mission, has greatly extended her own moral influence among the people, and weakened the assaults of those who dissent from her doctrines. And the increased strength of the clim-ch has fortified the position of the bishops. That they are an exception to the principle of here- ditary right — the fixed characteristic of the House of Lords — is, in the opinion of many, not without lis theoretical advantages. The various changes in the constitution of the Political House of Lords, which have here been the Ho"s^^ briefly sketched, have considerably aff'ected of Lords. ^jjg political position and influence of that branch of the legislature. It is not surprising that peers of ancient lineage should liave regarded with jealousy the continual enlargement of their own privileged order. The proud distinction which tli< y enjoyed lost some of its lustre, whcu shared Ijy a Its Ntimbers a Sou7'ce of Strength. 303 larger body. Their social preeminence, and the weight of their individual votes in Parliament, were alike impaired by the increasing number of those whom the favour of their sovereig-n had made equal to themselves. These effects, however, have been rendered much less extensive than might have been anticipated, by the expansion of society, and by the operation of party in all political affairs. But however the individual privileges of peers may have been affected by the multiplica- j^^^^ tion of their numbers, it is scarcely to be ^^^o^rof questioned that the House of Lords has gained importance, as a political institution, by its enlargement. Let us suppose, for a moment, that the jealousy of the peers had led either to such a legal restraint upon the prerogative, as that pro- posed in the reign of George L, or to so sparing an exercise of it, that the peerage had remained without material increase since the accession of the House of Hanover. Is it conceivable tliat an order so limited in number, and so exclusive in chai-acter, could have maintained its due authoritv in the legislature ? With the instinctive aversion to change, which characterises every close corporation, it would have opposed itself hauglitily to the active and improving spirit of more popular institutions. It might even liave attempted to maintain some of its more in- vidious privileges, which have been suffered to fall into desuetude. Hence it would necessarily have been found in opposition to the House of Commons, tlie press, and popuhir opinion; while its limited and unjjopular constitution would liuve faikd to give 304 House of Lords. it strength to resist the pressure of adverse forces. But the wider and more liberal constitution which it has acquired from increased numbers, and a more representative character, has saved the House of Lords from these political dangers. True to the spirit of an aristocracy, and to its theoretical uses in the state, it has been slower than the House of Commons in receiving popular impressions. It has often checked, for a time, the progressive policy of the age ; yet, being accessible to the same sympathies and influences as the other House, its tardier convic- tions have generally been brought, without violence, into harmony with public opinion. And when measures, demanded by the national welfare, have sometimes been injuriously retarded, the great and composite qualities of the House of Lords, — the eminence of its numerous members, — their talents in debate, and wide local influence, — have made it too powerful to be rudely overborne by popular clamour. Thus the expansive growth of the House of , , , Lords, — concurring with the increased au- And suited ' o poplar in- thority of the House of Commons, and the Btitutions. enlarged influence of the press, — appears to have been necessary for the safe development of our free institutions, in which the popular ele- ment has been continually advancing. The same cause has also tended to render the peers more inde- pendent of the influence of the crown. To that influence they are naturally exposed : but the larger their number, and the more various their interests, the less effectually can it be exercised : while the Altered Character- of the Peerage. 305 crowTi is no longer able to secure their adherence by grants of land, offices, and pensions. And if the peerage has occasionally been discredited by the indigence or abasement of some few of its number, its dignity has been well maintained by territorial power, — by illustrious ancestiy, — by noble deeds, — by learning, eloquence, and public virtue. These changes in the constitution of the House of Peers must further be considered in their The peerage relations to party. The general object '^^^^^^^^ which successive ministers have had in view in creating peers, — apart from the reward of special public services, — has been to favour their own adherents, and strengthen their Parliamentary interest. It follows that the House of Lords has undergone considerable changes, from time to time, in its political composition. This result has been the more remarkable, whenever one party has en- joyed power for a great length of time. In such cases the number of creations has sometimes been sufficient to alter the balance of parties; or, if tliis cause alone has not sufficed, it has been aided by political conversions, — the not uncommon fruit of ministerial prosperity. The votes of the bishops have also been usually recorded with that party to whom they owed their elevation. Hence . it was that, on the accession of George III., p'irty coL when the domination of the great Whig jll^^'^.'^t** families had lasted for nearly half a cc i»- tury, — the House of Lords was mainly Whig. Honoe it was that, on the accession of William IV., when the Tory rule — commenced under Lord Bate, VOL. I. X 3o6 House of Lords. strengthened by Lord North, and consolidated by Mr. Pitt — had enjoyed ascendency for even a longer period, the House of Lords was mainly Tory. Under such conditions as these, when a ministry, Danger from having established a sure majority in the this cause of <• t i • 1 1 i collisions Housc 01 Lords, IS overthrown by an oppo- the Houses, sitiou Commanding a majority oi the House of Commons, the two Houses are obviously in dan- ger of being brought into collision. A dissolution may suddenly change the political character of the House of Commons, and transfer power from one party to another ; but a change in the political character of the House of Lords may be the work of half a century. In the case of Whig administra- tions since the Reform Act, the creation of a majority in the Upper House has been a matter of peculiar difficulty. The natural sympathies of the peerage are conservative ; and are strengthened by age, pro- perty, and connections. A stanch Whig, raised to> the Upper House, is often found a doubting, critical, fastidious partisan, — sometimes an absentee, and not unfrequently an opponent of his own party. No longer responsible to constituents for his votes, and removed from the liberal associations of a popular assembly, he gradually throws off his political alle- giance ; and if habit, or an affectation of consistency, still retain him upon the same side of the House, or upon the neutral ' cross-benches,' his son will pro- bably be found an acknowledged member of the opposition. Party tics, without patronage, have been slack, and easily broken. While the influence of the crown was sufficiently Relations of the Two Houses. 307 great to direct the policy of the country ; and while a large proportion of the members of the Theinflu- Lower House were the nominees of peers, c"ofv-^'fo^! collisions between the two Houses, if ^re'coS'^ not wholly averted, were at least easily accommodated. There had been frequent contests between them, upon matters of privilege. It was not without protracted struggles, that the Commons liad established their exclusive right to grant sup- plies and impose taxes. The two Houses had con- tended violently in 1G75, concerning the appellate jurisdiction of the Lords ; they had contended, with not less violence, in 1704, upon the jurisdiction of the Commons, in matters of election ; they had quarrelled rudely, in 1770, while insisting upon the exclusion of strangers. But upon general measures of public policy, their differences had been rare and unimportant. George III., by inducing the Lords to reject Mr. Fox's India Bill, in order to overthrow the coalition ministry, brought them into open colli- sion witli the Commons ; but harmony was soon re- stored between them, as the crown succeeded, by means of a dissolution, in obtaining a large majority in the Lower House. In later times, the Lords opposed themselves to concessions to the Roman Catholics, and to amendments of tlie Criminal Law, which had been approved by the Commons. For several years, neither the Commons nor the people were sufficiently earnest to enforce the adoption of those measures : but when public opinion could n^ longer be resisted, the Lords avoided a collision with the Commons, by actpiioficing in measures of which X 2 3o8 House of Lords. they still disapproved. Since popular opinion has been more independently expressed by the Com- mons, the hazard of such collisions has been greatly increased. The Commons, deriving their authority directly from the people, have increased in power ; and the influences which formerly tended to bring them into harmony with the Lords, have been impaired. The memorable events of 1831 and 1832, arising 7heBe- out of the measures for extending the re- form Bill • f 1 I of is^i^re- presentation oi the people, exposed the the Lords, authority of the House of Lords to a rude shock ; and even threatened its constitution with danger. Never since the days of Cromwell had that noble assembly known such perils. The Whig Ministry having, by a dissolution, secured a large majority of the Commons in favour of their second Eeform Bill, its rejection by the Lords was still certain, if the opposition should put forth their strength. For seventy years, the House of Lords had been recruited from the ranks of the Tory party ; and was not less hostile to the Whig ministry than to Parliamentary reform.' The people had so re- cently pronounced their judgment in favour of the bill, at the late election, that it now became a ques- tion, — who should prevail, the Lords or the Commons? The answer could scarcely be doubtAil. The excised people, aroused by a great cause, and encouraged by ' 'I stilted my views of the present state of the Houfo of Lnrds, which hiid given to a party in it, which liad possessed the Government for the hist seventy years, a power which enabled thorn to resist the unind wishes ol' the House of Cojumioos, and the people.' — Minute l>y l arl Urev of his Conversation witli the King, 1st April, ISIil! ; Earl Grey's Cure, li. 300. TJie Reform Bill of 1832. 309 bold and earnest leaders, were not likely to yield. The Lords stood alone. The king's ministers, the House of Commons, and the people were demanding that the bill should pass. Would the Lords venture to reject it? If they should bend to the rising storm, their will indeed would be subdued, — their independent judgment set aside ; but public danger would be averted. Should tliey brave the storm, and stand up against its fury, they could still be overcome by the royal prerogative. Already, before the second reading, no less than sixteen new peers had been created, in order to correct, in some measure, the notorious dispropor- tion between the two parties in that House ; but a majority was still known to be adverse to the bill. A further creation of peers, in order to ensure tlie success of the measure, was then in contemplation ; ' but the large number that would be required for that purpose, the extreme harshness of such a course, and the liope, — not ill-founded, — tliat many of the peers should yield to the spirit of the times, discouraged ministers from yet advising this last resource of power. The result was singular. The peers hesi- tated, wavered, and paused. Many of them, actuated l)y fear, by prudence, by policy, or by public spirit, refrained from voting. But the bishops, — either less alarmed, or less sensible of the imminent danger of ' The king, in a letter to Earl Grey, 8th Oct., 1831, wrote: — ' The evil (i.e., a collision between the two ITousps) cannot be met by resorting to mcaHures tor oljtiiininjj; a inajoi iiv in the llouso of Lords, wiiii'h no government could propose, and no sovereign consent to, without losing sight of wiiat is due to tlio character of that Hou^e, to tile honour of tlic arislcKjiaey ol" the country, and to the dignity of the crown.' — ijirl (Jroja Curr. m'th Will. Jl'., i. 362. House of Lords. the occasion, — mustered in unusual force. Twenty- two were present, of whom twenty-one voted against the bill. Had they supported ministers, the bill would have been saved : but now they had exactly turned the scale, — as Lord Grey had warned them that they might, — and the bill was lost by a majority of forty-one. The House of Commons immediately supported Ministers ministers by a vote of confidence ; the bT'^Jhe^^'^ people were more excited than ever ; and Commons. reformers more determined to prevail over the resistance of the House of Lords. Parliament was prorogued merely for the purpose Reform of introducing another Eeform Bill. This Bill of ° 1831-2. bill was welcomed by the Commons, with larger majorities than the last; and now the issue between the two Houses had become still more serious. To ' swamp the House of Lords ' had, at length, become a popular cry : but at this time, not a single peer was created. Lord Grey, however, on the second reading, while he declared himself averse to such a proceeding, justified its use in case of necessity. The gravity of the crisis had shaken the courage of the majority. A considerable number of ' waverers,' as they were termed, now showed them- selves ; and the fate of the bill was in their hands. Some who had been previously absent, including five bishops, voted for the bill ; others who had voted against the former bill, abstained from voting ; and seventeen who had voted against the last bill actually voted for this I From these various causes, the second reading was carried by a majority of nine. Creation of Peers. Meanwhile it was well known, both to ministers and the people, that the further progress The crisis, of the measure was exposed to imminent danger ; and while the former were contemplating, with re- luctance and dread, the immediate necessity of a further creation of peers, the popular cry was raised more loudly than ever, that the House of Lords must be ' swamped.' Such a cry was lightly encou- raged by reckless and irresponsible politicians : but the constitutional statesmen who had to conduct the country through this crisis, weighed seriously a step which nothing but the peril of the times could justify. Lord Brougham — perhaps the boldest of all the statesmen concerned in these events — has thus recorded his own sentiments regarding them : — ' When I went to Windsor with Lord Grey, I had a list of eighty creations, framed upon the principles of making the least possible permanent addition to our House and to the aristocracy, by calling up peers' eldest sons, — by choosing men without any families, — by taking Scotch and Irish peers. I had j» strong feeling of the necessity of the case, in the very peculiar circumstances we were placed in ; but such was my deep sense of the dreadful consequences of the act, that I much question whether I should not have preferred running the risk of confusion that attended the loss of the bill as it tlien stood, — ratlier than expose the constitution to so imminent a hazard of subversion.' ' ' Lord Brouffham's Politioal Philosophy, iii. 308. Tho British Coiisl itution, 18(il, p. 270. Sic';ilso .Miniilo of Cuiivcrsalion with thi' Kinfj, 1st April, 1832, in whicii tho numbor of poers to lie cre:itf(l was eNtiiiiated at fifty or bixty. — Earl Grcu's Corr. wUh mil. IV., ii. 30i. 3 1 ? House of Lords. No sooner was the discussion of the bill com- Ministere menced in committee, than ministers creatfonof Suddenly found themselves in a minority of thirty-five.' Now, then, was the time, if ever, for exercising the royal prerogative ; and accordingly the cabinet unanimously resolved to advise the king to create a sufficient number of peers, to tui-n the scale in favour of the bill ; and in the event of his refusal, to tender their resignation, lie refused ; and the resignation of ministers was immediately tendered and accepted. In vain the Duke of Wellington attempted to form an adminis- tration on the basis of a more moderate measure of reform : the House of Commons and the people were firm in their support of the mirdsters ; and nothing was left for the peers, but submission or coercion. The king unwillingly gave his consent, in writing, to the necessary creation of peers ; ^ but in the meantime, — averse to an offensive act of authority, — he successfully exerted his personal in- fiuence with the peers, to induce them to desist from further opposition.^ The greater part of the Oppo- ' 151 aiul ll';. ' ' The kintr frrants permission to Earl Grey, and to his chancellor. Lord Brougham, to create such ;i numljerof peers as will be sufficient to ensure the passing of the Reform Bill, — first calling up peers' eldest sons. William R. Windsor, May 17th, 1832.' — llocbucUi HUt. of the Whig Ministry, ii. 331-333. On t! e 18th May the king wrote to Earl Grey: — 'His Majesty authorises Earl Grey, if any obstacle should arise during the further progress of the bill, to submit to him a creation of peers to such extent as shall be necessary to enable him to carry the bill,' &c. &c. — Earl Griy's Corr., ii. 43-1. ' See his Circular Letter, supra, p. 144; and infra, Chapter VL Creation of Peers. 313 sition peers absented themselves ; and the memor- able Eeform Bill was soon passed through all its further stages. The prerogative was not exercised ; but its efficacy was not less signal in overcoming a dangerous resistance to the popular will, than if it had been fully exerted ; while the House of Lords — humbled, indeed, and its influence shaken for a time — was spared the blow which had been threatened to its dignity and independence. At no period of our history, has any question arisen of greater constitutional importance opj^jonof than this proposed creation of peers. The ^f^vJi-'^^ peers and the Tory party viewed it with consternation. ' If such projects,' said the Duke of Wellington, ' can be carried into execution by a minister of the crown with impunity, there is no doubt that the constitution of this House, and of this country, is at an end. I ask, my lords, is tliere any one blind enough not to see that if a minister can with impunity advise his sovereign to such an un- constitutional exercise of his prerogative, as to there- by decide all questions in this House, there is absolutely an end put to the power and objects of deliberation in tliis House, and an end to all just and proper means of decision. . . . ? And, my lords, my opinion is, that the threat of carrying this measure of creating peers into execution, if it sliould have the effect of inducing noble lords to absent themselves from the House, or to adopt any particu- lar line of conduct, is just as bad as its cxcscution ; for, my lords, it does by violence force a decision on 3 1 4 House of L ords. this House, and on a subject on -whicli this House is not disposed to give such a decision.' ' He was finely answered by Lord Grey : ' I ask what Opinion of 'would bo the consoqueuces if we were to Earl Grey, guppogg that such a prerogative did not exist, or could not be constitutionally exercised ? The Commons have a control over the power of the crown, by the privilege, in extreme cases, of refus- ing the supplies ; and the crown has, by means of its power to dissolve the House of Commons, a control upon any violent and rash proceedings on the part of the Commons ; but if a majority of this House is to have the power, whenever they plea^ie, of op- posing the declared and decided wishes both of the crown and the people, without any means of mo- difying that power, — then this country is placed entirely under the influence of an uncontrollable oligarchy. I say, that if a majority of this House should have the power of acting adversely to the crown and the Commons, and was determined to exercise that power, without being liable to check or control, the constitution is completely altered, and the government of this country is not a limited monarchy : it is no longer, my lords, the Cro^vn, the Lords and the Commons, but a House of Lords, — a separate oligarchy, — governing absolutely the others.' * It must not be forgotten that, although Parlia- ' May 17fh, 1832. Hans. Deb., 3rd Ser., xii. 995. In 1819, the King of Frrtnco created .sixty-tlii-ce new potrs, in order to overcome tlie party opposed to the ministry.' — Lord Vdfhcstvrs Diary, iii. 71. 2 May 17th, 1832. Hans. Deb., 3rd Scr., 1006. Creation of Peers. 315 menfc is said to be dissolved, a dissolution extends, in fact, no further than to the Commons, a creation ' of peers The peers are not affected by it, — no change can take place in the constitution of solution, their body, except as to a small number of Scotch representative peers. So far, therefore, as the House of Lords is concerned, a creation of peers by the crown, on extraordinary occasions, is the only equivalent which the constitution has provided, for the change and renovation of the House of Commons by a dissolution. In no other way can the opinions of the House of Lords be brought into harmony with those of the people. In ordinary times the House of Lords has been converted gradually to the political opinions of the dominant party in the state, by successive creations : but when a crisis arises, in which the party, of whose sentiments it is the ex- ponent, is opposed to the majority of the House of Commons and the country, it must either yield to the pressure of public opinion, or expose itself to the hazard of a more sudden conversion. States- men of all parties would condcnm such a measure, except in cases of grave and perilous necessity: but, should the emergency be such as to demand it, it cannot be pronoimced unconstitutional.' ' In a minute of Cabinet, 13th January 1832. it was said: — 'It must bo admitted tliat cases may occur, in wiiich tlie House of Lords, eontinuinii; to place itself in opposition to tlie pi-nerai wishes of the nation, and to the declared sense of the House of Commons, the greatest danfjep mif;lit arise, if no means existed of putting an end to the collision which such circnmstanees would produce, and which, wliile it continued, must unavoidiibly ocea>ion the greatest evils, and in its final i>'Suo might involve consofiuences fatal on the one hand to public lilierty, and to the power and security of the government on the other. ' It is with u view lo a danger of this nature, that the conalitution 3 1 6 House of L ords. It was apprehended that, by this moral coercion, the legitimate influence of the peers would be im- position of paired, and their independence placed at the the Lords , . . , since the mercj 01 any popular minister, supported Reform Acc by a majority of the House of Commons. To record the fiats of the Lower House,— sometimes, perhaps, with unavailing protests, — sometimes with feeble amendments, — ^would now be tlieir humble oSice. They were cast down from their high place in the legislature, — their ancient glories were de- parted. Happily, these forebodings have not since been justified. The peers had been placed, by their natural position, in opposition to a great popular cause ; and had yielded, at last, to a force which they could no longer resist. Had they yielded earlier, and with a better grace, they might have shared in the popular triumph. Again and again, the Commons had opposed themselves to the influ- ence of the crown, or to popular opinion, and had Vjeeu overcome ; yet their permanent influence was not impaired. And so was it now with the Lords. The Commons may be overborne by a dissolution, — the Lords by a threatened creation of peers, — the crown by withholding the supplies ; and all alike must bow to the popular will, when constitutionally expressed. The subsequent history of the Lords attests their Their in- Undiminished influence since the Reform encc. Act of 1832. That measure unquestion- has given to the crown the power of dissolving, or of making an jid- jlition to the llousc of Lonls, hy the exercise of the hi^h prerogative of creatins; peers, which has been vested in the king for this as well as fir otlier ImDortunt purposes.' — Earl Grry's Corr., ii. 98. Its Position since the Reform Act. 317 alily increased the authority of the House of Com- mons. But the Lords have not shown themselves less independent in their judj>ment, or less free in their legislative action. It had previously been tlieir function, not so much to originate legislation, and to direct the policy of the country, as to con- trol, to amend, and to modify measures received from the Commons ; and in that function, they have since laboured with as much freedom as ever. In 1835 and 1836, the Commons maintained that the principle of appropriating the surplus revenues of the cJiurch in Ireland, was essential to the settle- ment of the question of Irish tithes. Yet the Lords, by their determined resistance to this prin- ciple, obliged the Commons, and ministers who had fought their way into office by its assertion, defini- tively to abandon it. They exercised an uncon- strained judgment in their amendments to tlie English Municipal Eeform Bill, which the Commons were obliged reluctantly to accept. They dealt with the bills for the reform of the Irish corporations, with equal freedom. For four sessions their amend- ments, — wholly inconsistent with the principles of legislation asserted by the Commons, — led to the aljandonment of tliose measures. And at length they forced the Commons to accept amendments, repug- nant to the policy for whicli they had been con- tending. Again, they resisted, for several years, the removal of the Jewish disabilities, — a measure approved by the settled judgment of the Commons and the people ; and obliged the advocates of reli- gious liberty to accept, at last, an unsatisfactory House of Lords. compromise. But these examples of independence are thrown into the shade by their proceedings in 1860, when, — treading upon the forbidden groimd of taxation, they rejected a bill which the Commons had passed, — as part of the financial arrangements of the year, — for repealing the duties upon paper. The controverted question of privilege involved in this vote, will be touched upon hereafter ; ' but here it may be said, that the Commons have ever been most jealous of their exclusive rights, in matters of supply and taxation ; and that their jealousy has been wisely respected by the Lords. But, finding a strong support in the Commons, — an indiflferent and inert public opinion, — much encouragement from an influential portion of the press, — and a favourable state of parties, — the Lords were able to defy at once the government and the Commons. There had been times, wlien such defiance would have been resented and returned ; but now the Lords, rightly estimating their o^m strength, and the causes by which retaliation on the part of the Com- mons was restrained, overruled the ministers of tl;e crown and the Commons, on a question of finance ; and, by their single vote, continued a considerable tax upon the people. The most zealous champion of the independence of the peers, in 1832, would not then have counselled so hazardous an enterprise. Still less would he have predicted that it would be successfully accomplished, within thirty years after the passing of the Keform Act. > Injm, Chap. VIL Its Position since the Reform Act. 319 In short, though tlie Lords were drivels, in 1832, from an indefensible position, which they had held with too stubborn a persistence, they have since maintained their independence, and a proper weigh in the legislatme. It was admirably said by Lord Granville, on a recent occasion : ' — ' My Lords, you have power, — great power, — immense powei" — for good ; but there is one power you have not ; you liave not, more than the House of Commons, — • more than the constitutional sovereigns of this country, — more, I will add, than the despotic sovereigns of some great empires, in civilised com- munities, — you have not the power of thwarting the national will, when properly and constitutionally expressed.' As a legislative body, the Lords have great facilities for estimating the direction and strength of Vantage- public opinion. Nearly every measure has the Lords, been fully discussed, before they are called upon to consider it. Hence they are enabled to judge, at leisure, of its merits, its defects, and its popularity. If the people are indifferent tu its merits, tliey can safely reject it altogether: if too popular, in prin- ciple, to be so dealt with, they may qualify, and perhaps neutralise it by amendments, without any bliock to public feeling. At the same time they are able, by their debates, to exercise an extensive influence upon the convic- tions of the people. Sitting like a court of review upon measures originating in the Lower House, they ' 14th June, 1869, on niDving second reading of Iiibh Cliuicli lliU. 190 Iluns. UfL., 3id Ser., lGo(i. 320 House of Lords. can select from the whole armouiy of debate and public discussion, the best arguments, and the mout effective appeals to enlightened minds. Nor have there ever been wanting, amongst their numbers, the first orators of their age and country. But with these means of influence, the political pmaii at- Weight of the House of Peers has been of peers much afifccted by the passive indifference their wluch it ordinanlv displays to the business political . . •' . . weight. of legislation. The constitution of that assembly, and the social position of its members, have failed to excite the spirit and activity which mark a representative body. This is constantly made apparent by the small number of peers who attend its deliberations. Unless great party ques- tions have been under discussion, the House has ordinarily presented the appearance of a select com- mittee. Three peers may wield all the authority of the House. Nay, even less than that number are competent to pass or reject a law, if tlicir unanimity should avert a division, or notice of their imperfect constitution. Many laws have, in fact, been passed by numbers befitting a committee, rather than the whole House.' That the judgment of so small a number should be as much respected as that of the large bodies of members who throng the House of Commons, can scarcely be expected. ' On April 7th, 18")4. tho Testamentary Jurisdiction Bill -was read .1 third time Viy a majority of two in a house of twelve. On tho 2dth .Auijust, 1860, the Tfnuro and Improvoment of Land (Ireland) Bill, ■whioh had ociupied weeks of discussion in the Commons, was nearly Inst by a disagreement between the two Houses; the numbers, on a division, being seven and six. See also Beutham, Political Tactics, Bowring's ed., ii. 3(i8. Indiffci'cnce to Biisiness. 321 A quorum of three, — though well suited for judi- cial business, and not wholly out of proportion to the entire number of its members, in the earlier periods of its history, — has become palpably inade- quate for a numerous assembly. That its members are not accountable to constituents, adds to their moral responsibilities ; and should suggest safeguards against the abuse of the great powers which the constitution has entrusted to them. The indifiference of the great body of the peers to public business, and their scant attendance, by discouraging the efforts of the more able toln^l-'^^ and ambitious men amongst them, further impair the influence of the Upper House. States- men who have distinguished themselves in the House of Commons, have complained, again and again, of the cold apathy by which their earnest oratory has been checked in the more patrician assembly. The encouragement of numbers, of ready sympathy, and of warm applause, are wanting ; and the disheartened orator is fain to adapt his tone to the ungenial tem- perament of his audience. Thus to discourage public spirit, and devotion to the great affairs of state, can- not fail to diminish the political influence of the House of Lords. The itiertness of the House of Lords has produced another result prejudicial to its due influ- Their ence in public affairs. It has generally J Sera, yielded, with an indolent facility, to the domination of one or two of its own members, gifted with the strongest wills. Lord Tluirlow, Lord Eldon, the Duke of Wellington, and Lord Lyndhurst, hiive VOL. 1. y 32 2 House of Lords. swayed it, at dififerent times, almost with the power of a dictator. Such men had acquired their activity and resolution in a different school from that of an hereditary chamber ; and where peers by hereditary descent, like the Earl of Derby, have exercised an equal sway, they have learned how to lead and govern men, amidst the more stirring scenes of the House of Commons. Every assembly must have its leaders : but the absolute surrender of its owti judg- ment to that of a single man, — perhaps of narrow mind, and unworthy prejudices, — cannot fail to im- pair its moral influence. Such, then, are the political position of the House The peerage of Lords, and the causes of its strength and in its social <■ i • i rm relations. weakness, as a part of the legislature. The peerage is also to be regarded in another aspect, — as the head of the great community of the upper classes. It represents their interests, feelings, and aspirations. Instead of being separated from other ranks in dignified isolation, it is connected with them by all the ties of social Life. It leads them in politics : in the magistracy : in local admi- nistration : in works of usefulness, and charity : in the hunting-field, the banquet, and the ball- room. The increase of the peerage has naturally ex- niearis- tended the social ramifications of the aris- tocracy, tocracy. Six hundred families ennobled,- ■ their children bearing titles of nobility, — allied by descent or connection with the first county families, and with the wealthiest commoners of other classes, — have struck their roots far and wide into the soil of The Aristocracy. 323 English society. In every county their influence is great, — in many paramount. The untitled landed gentiy, — iipheld by the con- servative law of primogeniture, — are an The lauded ancient aristocracy in themselves ; and the main source from which the peerage has been re- cruited. In no other country is there such a class, — at once aristocratic and popular, and the bond of connection between the nobles and the com- monalty. Many of these have been distinguished by heredi- tary titles, — inferior to nobility, and con- Thebaronet- ferring no political privileges ; yet highly prized as a social distinction. The baronetage, like the peerage, has been considerably increased during the last century. On the accession of George III., there were about five hundred baronets ; ' in 1860, they had been increased to no less than eight hundred and sixty.^ During tlie sixty years of a single reign, the extraordinary number of four hundred and ninety-foiu" baronetcies were created.^ Of these a large number were conferred for political services; and by far the greater part are enjoyed by men of family and fortune. Still the taste for titles was difficult to satiate. Tlie ancient and honourable dignity of knighthood ' Betham's Baronet iige. Gentl. Mag., lix. 308. * Viz., si.x liuiidi'od and .sevcniy-four baronets of Great Britain, one hundrfd and cloven baronets of Scotland and Nova Scotia, and eeventy-five of Ircbind. • This niiTnlfer is from 17GI to 1821 ; frf)ni a paper prepared by tho late Mr. i'uhnan, Clarencieux King-at-./Vrm8. X 2 324 House of Lords. was conferred unsparingly by Greorge III. upon little Orders of ^^^^ ^^"^ little services, until the title was knighthood. ^^^Y nigh degraded. After the king's es- cape from assassination at the hands of Margaret Nicholson, so many knighthoods were conferred on persons presenting congratulatory addresses to the crown, that ' a knight of Peg Nicholson's order ' became a by-word. The degradation of knighthood by the indiscriminate liberality of the crown in granting it, continued until a recent time. Still there were not knighthoods enough ; and in 1783 the king instituted the Order of St. Patrick. Scotland had its most ancient Order of the Thistle : bvit no order of knighthood had, until that time, been appropriated to Ireland. The Hanoverian Guelphic Order of Knighthood had also been opened to the ambition of Englishmen ; and William IV., during his reign, added to its roll a goodly company of English knights. The Order of the Bath, originally a military order, was enlarged in 1815 ; and again in 1847, the queen added a civil division to the order, to comprise such persons as by their personal services to the crown, or by the performance of public duties, have merited the royal favour.' Besides these several titled orders, may be noticed otherci«.«e3 officers enjoyiug naval and military rank, tife'arirto-'' whose numbcrs were extraordinarily aug- cracy. mcnted by the long war with France, and by the extension of the British possessions abroad. Men holding high offices in the state, tlie church, ' Letters Patent, 24tli May, 184'; London Gazette, u. 1961. A ristocratic SympatJiies. the law, the universities, and other great incorpora- tions, have also associated their powers and influence with those of the nohility. The continual growth and accumulation of pro- perty liave been a source of increasing -y^reaitii strengtli to the British nobles. Wealth is, [^^r/arit in itself, an aristocracy. It may desire to rival the nobility of a country, and e^en to detract from its glory. But in this land of old associations, it seeks only to enjoy tlie smiles and favours of the aristocracy, — craves admission to its society, — aspires to its connection, — and is ambitious of its dignities. The learned professions, commerce, manufactures, and public employments have created an enormous body of persons of independent income ; some con- nected with the landed gentry, others with the commercial classes. All these form part o^ the independent ' gentry.' They are spread over the fairest parts of the country ; and noble cities have been built for their accommodation. Bath, Chelten- hiun, Leamington, and Brighton attest their numbers and tlu'ir opulence.' With much social influenc(i and political weight, they form a strong outwork of the peerage, and uphold its ascendency by moral as well as political support. Tlie professions lean, as a body, on the higher ranks of society. The Church is peculiarly Thopro. connected with the landed interest. Every- where the clergy cleave to power ; and the vast lay patronage vested in the proprietors of the soil, draws close tlie bond between them and the Church. Tlic ' Jialh has been terme d IIim ' ''■Uy of tho Tliroo-iicr-ccnt. Cunsols.' 320 House of Lords. legal and medical professions, again, being mainly supported by wealthy patrons, have the same poli- tical and social interests. How vast a community of rank, wealth, and intelligence do these several classes of society con- stitute ! The House of Lords, in truth, is not only a privileged body, but a great representative insti- tution, — standing out as an embodiment of the aristocratic influence, and sympathies of the country. 327 CHAPTER VI. TOR HOUSE OF COMMONS : NOMINATION BOHOUGHS : — VARIOUS AXD LIMITED RIGHTS OF ELECTION: BRIBERY AT ELECTIONS: SALE OF SEATS : — (iOVERN:MENT INFLUENCE IN LARGE TOWNS : — REVENUE OFFICERS DISFRANCHISED : — VEXATIOUS CONTESTS IN CITIES. REPRESENTATION OF SCOTLAND AND IRELAND. INJUSTICE IN THE TRIAL OF ELECTION PETITIONS. PLACES AND PENSIONS. BRIBES TO MEJIBERS : SHARES IN LOANS, LOTTERIES, AND CONTRACTS. SUCCESSIVE SCHEMES OF PARLIAMENTARY REFORM PRIOR TO 1 830 : THE REFORM BILLS OF 1830-31, 1831, AND 1831-32 : — CHANGES EFFECTED IN THE REPRESENTATION, BY THE REFORM ACTS OF 1832. BRIBERY SINCE 1832, AND MEASURES T.\KEN TO RESTRAIN IT. — DURATION OF PARLIAMENTS : —VOTE BY BALLOT : — PROPERTY QUALIFICATION. LATER MEASURES OF PARLIAMENTARY REFORM. In preceding chapters, the various sources of political influence enjoyed by the crown, and by the unfaithfui- House of Lords, have been traced out. House of mi • ■ 1 1 • • 1 ConimonB J heir united powers long maintained an to its trust, ascendency in the councils and government of the state. But great as were their own inherent powers, the main support of that ascendency was found among the representatives of the people, in the House of Commons. If that body had truly repre- sented the people, and had been faithful to its trust, it would have enjoyed an authority equal at least, if not superior, to that of the crown and the House of Lords combined. The theory of an equipoise in our legislature, however, had been distorted in practice; itscu.pon- and the House of Connnoiis was at once cinuption. 328 House of Commons. dependent and corrujjt. The crown, and the domi- nant political families who wielded its power, readily commanded a majority of that assembly. A large proportion of the borough members were the nominees of peers and great landowners; or were mainly returned through the political interest of those magnates. Many were the nominees of the crown ; or owed their seats to government influence. Eich adventurers,— having purchased their seats of the proprietors, or acquired them by bribery, — supported the ministry of the day, for the sake of honours, patronage, or court favour. The county members were generally identified with the terri- torial aristocracy. The adherence of a further class was secured by places and pensions ; by shares in loans, lotteries, and contracts ; and even by pecu- niary bribes. Tlie extent to which these various influences pre- vailed, and their effect upon the constitution of the legislature, are among the most instructive inquiries of the historian. The representative system had never aimed at ucfocts of theoretical perfection ; but its general de- seutative ^^8"^ '"'^^ assemble representatives from Bystem. ^j^g places bost able to contribute aids and subsidies for the service of the crowu. This design would naturally have allotted members to counties, cities, and boroughs, in proportion to their popu- lation, wealtli, and prosperity ; and tliuugh rudely carried into effect, it formed the basis of represen- tation in early times. V>\\i tlicre were few large towns tlie population was widely scattered : indue- Representative System. 329 try was struggling with unequal success in different places ; and oppressed burgesses, — so far from press- ing their fair claims to representation, — were reluc- tant to augment their burthens, by returning members to Parliament. Places were capriciously selected for that honour by the crown, — and some- times even by the sheriff,' — and were, from time to time, omitted from the writs. Some small towns failed to keep pace with the growing prosperity of the country, and some fell into decay ; and in the meantime, unrepresented villages grew into places of importance. Hence inequalities in the repre- sentation were continually increasing. They might have been redressed by a wise exercise of the ancient prerogative of creating and disfranchising boroughs ; but the greater part of those created between the reigns of Henry VIII. and Charles II. were incon- siderable places, wliich afterwards became notorious as nomination boroughs.^ From the reign of Charles II., — when this prerogative was superseded, — the growing inequalities in the representation were left wholly without correction.' FVom these causes an electoral system had be- come establislied, — wholly inconsistent with any rational theory of representation. Its defects, — ' Glanvillc's Keports, Pref. v. * One liiiiuiri ii and ciKlity members were added to the House of Commons, liy royal charier, between the reigns of llenry Vlll. and Charh s ]I. (ilanville's Hejiorts, eii. " In 1 Cromwell (lisfranchiscd many small liorouf;lis, increased thi' nnmlii r of eounty meml)er^, and enfranchised Manchester, Leeds, and JIalilax.— a testimony at once to his stalesmiiiiship, and to the anomalies of a representation wliich were not correcte Com. .ToHrn., xxxiii. 69, 102, 179 ; 11 Geo. III. c. 65. » Com. Journ.. xxxv. 118. ' Ibid., 311. * Pari. Hist., xxii. 1027, 1167, 1388. Bribery encouraged by the King. 34 1 corrupt electors. Though the bill did not seek to disfranchise a single person, it was termed a bill of pains and penalties, and counsel were heard against it. But the cause of the electors, even with such supporters, was too bad to be defended ; and the bill was passed.' There can be little doubt that the king himself was cognisant of the bribery which, at this Bribery . n 1 encouraged period, was systematically used to secure i^y the King. Parliamentary support. Nay, more, he person- ally advised and recommended it. Writing to Lord North, 16th October, 1779, he said: 'If the Duke of Northumberland requires some gold pills for the election, it would be wrong not to satisfy him.' As these expenses were paid out of the king's civil list, his jNIajesty, however earnest in the cause, found Ihem a heavy burthen upon his resources. Writing to Lord North on the 18th April, 1782, he said : ' As to the immense expense of the general election, it has quite surprised me : the sum is at least double of what was expended on any other general election since I came to the throne.' ^ And Lord North, in excusing himself for this heavy outlay, entered into some curious details, illustrative of the part which the king and himself had taken in various elections. He said,: ' If Lord North had thought that the expense attending elections and re-elections in the years 1779, 1780, and 1781, would have amounted to 72,000/., ' 22 Opo. III. c. 31. ' Kings Letters to Lord North; Lord Broiighani's Works iii. 137, 138. • Corr. of Geo. IH Trith Lord North, ii. 423. 342 House of Commons. lie certainly would not Lave advised his Majesty to have embarked in any such expense.' And he pro- ceeded to explain the reasons which had induced him to spend 5,000L at Bristol, 8,000L at Westminster, 4,000i. in Surrey, 4,000Z. in the city of London, and how the last general election had altogether cost the crown 50,000/., as well as certain pensions.' When the disgraceful traffic in boroughs was ex- Attempts posed in the House of Commons, before the roiTupUon, general election of 1768, Alderman Beck- ]iG8-i/Sb. ^^^^ brought in a bill requiring an oath to be taken by every member, that he had not been concerned in any bribery. According to Horace Walpole, the country gentlemen were favourable to this bill, as a protection against 'great lords, Nabobs, commissaries, and West Indians:'^ but the extreme stringency of the oath, which was represented as an incitement to perjury, — a jealousy lest, under some of the provisions of the bill, the privileges of the House should be submitted to the courts of law, — and above all, a disinclination to deal hardly with practices, which all had been concerned in, had pro- fited by, or connived at, — ultimately secured its rejection. Again, in 1782 and 1783, Lord Mahon vainly proposed bills to prevent bribery and expenses at elections. In 1786, he brought in a bill for the improvement of county elections, which was sup- ported by iSIr. Pitt, and passed by the Commons, but rejected by the Lords.^ The same evil practices con- ' Corr. of Geo. III. with Lord North, ii. 424. See also Lor^ Stanhope's Life of Pitt, iii., App. p. zi.; Sir G. Lewis's Lettt-rs. 411. * Walp. Mem., iii. 1.53, 157, 169. ' Wraxall's Mem., iii. 1.36; Lord Stiinhope's Life of Pitt, i. 294 W^TiU's Pol. Papers, iv. 512; Wilborfoivo's Life, i. 114. Sale of Seats. 343 tinued, — unc'hecked by legislation, connived at by statesmen, and tolerated by public opinion. The system of purciiasing seats in the House of Commons, however indefensible in princi- saie of seats; its pie, was at least preferable to the general >ises. corruption of electors, and in some respects, to the more prevalent practice of nomination. To buy a seat in Parliament was often the only means, by which an independent member could gain admission to the House of Commons. If he accepted a seat from a patron, his independence was compromised : but if he acquired a seat by purchase, he was free to vote according to his own opinions and conscience. Thus, we find Sir Samuel Komilly, — the most pure and virtuous of public men, — who had declined on« seat from the favour of the Prince of Wales,^ justi fying the purchase of another, for the sake of his own independence, and the pubKc interests. Writing in September, 1805, he says : 'As long as burgage- tenure representatives are only of two descriptions, — they who buy their seats, and they who discharge the most sacred of trusts at the pleasure, and almost as the servants of another, — surely there can be no doubt in which class a man would choose to enrol himself ; and one who should carry his notions of purity so far, that, thinking he ptfssessed the means of rendering service to his country, he would yet rather seclude himself altogether from Parliament, than get into it by such a violation of the theory of the constitution, must be under the dominion of a species of moral superstition wliicli must wholly ' Eomilly's Life, ii. Il l 120. 344 House of Commons. disqualify him for the discharge of any public duties.' ' The extent to which the sale of seats prevailed, and its influence over the composition of the House of Commons, may also be exemplified from the diary of Sir Samuel Eomilly, in 1807. Thus he writes: ' Tierney, who manages this business for the friends of the late administration, assures me that he can hear of no seats to be disposed of. After a Parlia- ment which had lived little more than four months, one would naturally suppose that those seats which are regularly sold by the proprietors of them, would be very cheap : they are, however, in fact, sold now at a higher price than was ever given for them be- fore. Tierney tells me that he has offered 10,000^. for the two seats of Westbury, the property of the late Lord Abingdon, and which are to be made the most of by trustees for creditors, and has met with a refusal. 6,000^. and 5,500^. have been given for seats, with no stipulation as to time, or against the event of a speedy dissolution by the king's death, or by any. change of administration. The truth is, that the new ministers have bought up all the seats that were to be disposed of, and at any prices. Amongst others, Sir C. H , the great dealer in boroughs, has sold all he had to ministers. With what money all this is done I know not, but it is supposed that the king, who has greatly at heart to preserve this new administration, the favourite objects of his choice, has advanced a very large sum out of his privy purse. ' Diary; Life, ii. 122. Sah of Seats. 345 ' This buying of seats is detestable ; and yet it is almost the only way in which one in my situation, who is resolved to be an independent man, can get into Parliament. To come in by a popular election, in the present state of the representation, is quite impossible ; to be placed there by some great lord, and to vote as he shall direct, is to be in a state of complete dependence ; and nothing hardly remains but to owe a seat to the sacrifice of a part of one's fortune. It is true, that many men who buy seats do it as a matter of pecuniary speculation, as a pro- fitable way of employing their money : they carry on a political trade ; they buy their seats and sell their votes.'' He afterwards bought his seat for Horsham of the Duke of Norfolk, for 2,000L=* So regular was the market for seats, that where it was inconvenient to candidates to pay down Annual rents for the purchase-money, tney were accoramo- stats in Tarlia- dated by its commutation into an annual meat, rent. It was the sole redeeming quality of this traffic, that boroughs were generally disposed of to persons professing the same political opinions as the proprietors.' These nominees were unknown to ' Romilly's Life, ii. 200-201. * Lord l'iiln)eraton, iii his Diary, Kov. 180G, writes: — ' Fitz- llarris and I paid each 1,500/. for the pleasure of sitting under the piUery for a week, in our capacity of petitioners.' At the dissolu- tion wo 'rejoiced m our good fortune at not having paid 5,000/. ( which would have been its price) for a three months' seat.'— Z?! Cieo. III. c. 81. VOL. I. A A 354 House of Commons. the simple addition of members to the counties. But notwithstanding their unquestionable merits, the county electors were peculiarly exposed to the influence of the great nobles, who held nearly a feudal sway. Illustrious ancestry, vast possessions, high offices, disting\iished political services and connections, placed them at the head of the society of their several counties ; and local influence, and the innate respect for aristocracy which animates the English people, combined to make them the political leaders of the gentry and yeomanry. In some counties, powerful commoners were no less dominant. The greater number of the counties in England and Wales were represented by members of these families, or by gentlemen enjoying their confidence and patronage.* A contested election was more often due to the rivalry of great houses, than to the conflict of poli- tical principles among the electors : but, as the candidates generally belonged to opposite parties, their contentions produced political discussion and enlightenment. Such contests were conducted with the spirit and vigour which rivalry inspires, and with an extravagance which none but princely fortunes could support. They were like the wars of small states. In 1768, the Duke of Portland is said to have spent 40,000Z. in contesting Westmore- land and Cumberland with Sir James Lowther ; who, on his side, must have spent at least as much.' In 1779, Mr. Chester spent between 20,000^. and ' Oldfield's Rpprpsfiitaliv Hist., vi. 285. ' Wttlpolo's Mum., iii. 197. Representation of Scotland. 355 30,000?. in a great contest for Gloucestershire ; and left, at his death, from 3,000Z. to 4,000L unpaid, of which 2,000Z. was defrayed by the king, out of his civil list.^ And, within the memory of some men still living, an election for the county of York has been known to cost upwards of 150,000^^ Great as were the defects of the representation of England, — those of Scotland were even Bepresen- tation of greater, and of more general operation. Scotland. The county franchise consisted in ' superiorities,' which were bought and sold in the market, and were enjoyed independently of property or residence. The burgh franchise was vested in self-elected town- councillors. The constituencies, therefore, repre- sented neither population nor property : but the narrowest local interests. It was shown in 1823, that the total number of persons enjoying the franchise was less than three thousand. In no county did the number of electors exceed two hundred and forty : in one it was as low as nine ; and of this small number, a considerable proportion were fictitious voters, — without property, and not even resident in the coimtry.^ In 1831, the total number of county voters did not exceed two thousand five hundred ; and the constituencies of the sixty-six boroughs amounted ' Lord North to the King ; Corr. of Geo. III. with Lord North, ii. 424. » Speech of Ix)r(l J. Russell, March 1st, 1831 ; Hans. Deb., .Tnl Ser., ii. 1074. In 1807, the joint expenses of I/ord Milton and Mr. LascelU'S, in contesting this county, were 200,000/. ; while 64,000/. were sulisi-ribcd lor Mr. Wilberforce, but not t xpi-nded.— H'UUrJorce i Life, iii. 324. ' Hans. Deb., 2nd Ser., ix. 611 A k2 356 Hozise of Cotnmons. to one thousand four hundred and forty. Thus the entire electoral body of Scotland was not more than four thousand. The county of Argyll, with a popu- lation of one hundred thousand, had but one hun- dred and fifteen electors, of whom eighty-four were out-voters, without any land within the county. Caithness, with thirty thousand inhabitants, con- tained forty-seven freeholders, of whom thirty-six were out-voters. Inverness-shire, with ninety thou- sand inhabitants, had but eighty- eight freeholders, of wliom fifty were out-voters. Edinburgh and Glasgow, the two first cities of Scotland, had each a constituency of thirty-three persons.' With a franchise so limited and partial as this, all the counties and burghs, without exception, had fallen under the influence of political patrons.^ A great kingdom, with more than two millions of people,^ — intelligent, instructed, industrious, and peaceable, — was virtually disfranchised. Mean- while, the potentates who returned the members to Parliament, — instead of contending among them- selves, like their brethren in England, and joining opposite parties, — were generally disposed to make their terms with ministers ; and by skilful manage- ment, the entire representation was engrossed by the friends and agents of the government. It was not secured, however, without a profuse distribution of patronage, which, judiciously administered, had ' Speech of Lord Advocate, Sept. 23rd, 1831 ; Hans. Deb., 3rd Ser., vii. 529. Oldfield's Kepresentative Hist., vi. 294 ; Edinburgh Review, Oct 1830, Art. X. Ihc population of Scotland in 1831 was 2,365,807. Representation of Scotland. 357 long retained the allegiance of members coming from the north of the Tweed.' Lord Cockbum, a contemporary witness, has given a spirited account of the mode in which elections in Scotland were conducted. He says : ' The return of a single opposition member was never to be expected. . . . The return of three or four was miraculous, and these startling exceptions were always the re- sult of local accidents. . . . Whatever this system may have been originally, it had grown, in reference to the people, into as complete a mockery, as if it had been invented for their degi-adation. The people had nothing to do with it. It was all managed by town-councils, of nerer more than thirty-three members ; and every town-council was self-elected, and consequently perpetuated its own interests. The election of either the town or the county mem- ber, was a matter of such utter inditference to the people, that they often only knew of it by the ringing of a bell, or by seeing it mentioned next day in a newspaper ; for the farce was generally performed in an apartment from which, if conve- nient, the public could be excluded, and never in the open air.'* Where there were districts of burghs, each town- council elected a delegate, and the four or five delegates elected the member ; ' and, instead of bribing the town-councils, the established practice ' Jt was said of one Scotch county mombcr, ' that his invariable rule was never to bo present at a debate, or absent at a division ; and that he had only once, in his long politicJil life, ventured to vote acordinc to his conscience, and tluit he found on that occasion he had V(jt('d wrong." — llans. l)eb., 3rd Scr., vii. 543. ' Life of Juflrey, i. 7o. 358 House of Commons. was to bribe only the delegates, or indeed onlv one of them, if this could secure the majority.' ' A case of inconceivable grotesqneness was related by the Lord Advocate, in 1831. The county of Bute, with a population of fourteen thousand- had twenty-one electors, of whom orm only resided in the county. ' At an election at Bute, not beyond the memory of man, only one person attended the meeting, except the sheriff and the returning oflBcer. He, of course, took the chair, constituted the meeting, called over the roll of freeholders, answered to his own name, took the vote as to the Preses, and elected himsel£ He then moved and seconded his own nomination, put the question as to the vote, and was unanimously returned-'* This close system of elections had existed even before the Union : but though sufficiently notiDrious, the British Parliament had paid little attention to its defects. In 1818, and again in 1823, Lord Archibald Hamilton had shown the state of the Eoval Btirghs, — the self-election, and irrespon- i»is.ie3. sibility of the councillors, — and their un- controlled authority over the local funds. The questions then raised referred to mxmicipal rather than parliamentary reform : but the latter came incidentally under review, and it was admitted that there was 'no popular election, or pretence of popular election.'' Lq 1823, Lord Archibald ex- ' Gxkbnm's MenL, L S8. > Hans. Deb^ Srd Ser^ Tii. 529. * Sir J. Mackintosh; Haas. X>eb, 1st Ser.. xxxriL Ul; i&i^., 2iMi Bet, TiiL 73o. Representaticni of Ireland. 359 posed the state of the county representation, and the general electoral system of the country, and found one hundred and seventeen supporters.' In 182-1, the question of Scotch representation was brought forward by ^Ir. Abercromby. The Bei^esen- iuhabitants of Edinburgh complained, by ^^^ti^ petition,* that the representation of this capital city — the metropolis of the Xorth, with upwards of one hundred thousand inhabitants — was returned by thirty-three electors, of whom nineteen had been chosen by their predecessors in tlie town-council I !Mr. Abercromby moved for leave tu bring in a bill to amend the representation of that city, — as an instalment of parliamentary reform in Scotland. His motion failed, and being renewed in 1826, was equally unsuccessful. Such proposals were always met in the same manner. W hen general measures of reform were advocated, the maomitude of the change was urged as the reason f jr rejecting them ; and when, to obviate such objections, the correction of any particular defect was attempted, its exceptional character was a decisive argTiment against it.^ Prior to 1801, the British Parliament was not concerned in the state of the representation Repreen- . tatioD at of the people of Ireland. But on the luiion Ireland, of that country, the defects of its representation were added to those of England and Scotland, in ' Hang. Deb., 2nd S«r., ix. 611. ' This petition had Wn presented May 6th, 1823, drawn up by Mr. Jefirey, and signed by 7.000 oat of the 10,000 householders ii the city. — Corkburn Mem., 40*. * Hong. Deb.. 2od Ser., x. 455 -..Ibid., xir. 107 ; Rid., xr. 163. 360 House of Commons. the constitution of the united Parliament. The counties and boroughs in Ireland were at least as much under the influence of great patrons as in England. It is true, that in arranging the terms of the imion, ^Lr. Pitt took the opportunity of abo- lishing several of the smaller nomination boroughs : hut many were spared, which were scarcely less under the patronage of noblemen and landowners ; and places of more consideration were reduced, by restricted rights of election, to a similar dependence. In Belfast, in Carlow, in Wexford, and in SHgo, the right of election was vested in twelve self-elected burgesses : in Limerick and Kilkenny, it was in the corporation and freemen. In the counties, the influence of the territorial families was equally dominant. For the sake of political influence, the landowners had subdivided their estates into a pro- digious nimiber of forty-shilling freeholds ; and until the freeholders had fallen under the dominion of the priests, they were faithful to their Protestant patrons. According to the law of Ireland, freeholds were created without the possession of property ; and the votes of the freeholders were considered as the ab- solute right of the proprietor of the soil. Hence it was that after the union more than two thirds of the Irish members were returned, not by the people of Ireland, but by about fifty or sixty influential patrons.' ' Wakefield's Statistical and Political Account of Ireland, ii. 299, cf !ff-q.; Oldfleld's Eepreaentative Hist., vi. 209-280; Infra, Chap. xvx Number of Members Nominated. 361 Such being the state of the representation in the United Kingdom, an actual majority of the Majority members of the House of Commons were members returned by an inconsiderable number of persons. According to a statement made by the Duke of Richmond in 1780, not more than sis thousand men returned a clear majority of the House of Commons.' It was alleged in the petition of the Society of the Friends of the People, presented by 3Ir. Grey in 1793, that eighty-four individuals ab- solutely returned one hundred and fifty-seven mem- bers to Parliament ; that seventy influential men secured the return of one himdred and fifty mem- bers ; and that, in this manner, three hundred and fifty-seven members, — being the majority of the House, before the union with Ireland, — were re- turned to Parliament by one himdred and fifty-foiu" patrons; of whom forty were peers.* In 1821, Mr. Lambton stated that he was prepared to prove by evidence, at the bar of the House of Commons, ' that one hundred and eighty individuals returned, by nomination or otherwise, three hundred and fifty members.' ' Dr. Oldfield's Representative History furnishes still more elaborate statistics of parliamentary patronage. According to his detailed statements, no less than two hundred and eighteen members were returned for counties and boroughs, in England > Pari. Hist., rri. 686. * Ibii., xxx. 787. » Haas. Dill., 2nd Scr , v. 359. Writing in 1S21, Sydney Smith i^ays: ' The country belongs to the Duke of Rutland, Lord Lonsdale, the Duke of Xfwca>.tle. and about twenty other holders of boroughs. They are our masters." — Mtiu., ii. 215. 362 House of Commons. and Wales, by tlie nomination or influence of eighty-seven peers : one hundred and thirty-seveu Nvere returned by ninety commoners, and sixteen by the Government ; making a total number of three hundred and seventy-one nominee members. Of the forty-five members for Scotland, thirty-one were returned by twenty-one peers, and the remainder by fourteen commoners. Of the hundred members for Ireland, fifty-one were returned by thirty-six peers, and twenty by nineteen commoners. The general result of these surprising statements is, — that of the six hundred and fifty-eight members of the House of Commons, fom* hundred and eighty-seven were returned by nomination ; and one hundred and seventy-one only were representatives of independent constituencies.' Such matters did not admit of proof, and were beyond the scope of parliamentary inquiries : but after making allowances for imper- fect evidence and exaggeration, we are unable to resist the conclusion, that not more than one third of the House of Commons were the free choice even of the limited bodies of electors then entrusted with the franchise. Scandalous as were the electoral abuses which law Inj iistioe and custom formerly permitted, the con- triai of duct of the House of Commons, in the ejection petitions. trial of elcctiou petitions, was more scan- dalous still. Boroughs were bought and sold, - • electors were notoriously bribed by wholesale and retail, — returning officers were partial and corrupt. But, in defiance of all justice and decency, the ' Oldfield's Roprt'st'iitative Hist., 181G, vi. 285-300. Ti'ial of Election Petitions. 363 majority of the House of Commons connived at these practices, when committed by their own party ; and only condemned them, when their political opponents were put upon their trial. Dot veniam corvis, — vexat censura columbas. The Commons having, for the sake of their own independence, insisted upon an exclusive jurisdiction in matters of election, were not ashamed to prostitute it to party. They were charged with a grave trust, and abused it. They assumed a judicial oflBce, and dishouom'ed it. This discreditable perversion of justice had grown up with those electoral abuses, which an honest judicature would have tended to correct; and reached its greatest excesses in the reigns of George II. and George III. Originally, controverted elections had been tried by select committees specially nominated, and after- wards by the Committee of Privileges and Elections. This latter committee had been nominated by the Ifouse itself, being composed of Privy Councillors and eminent lawyers, well qualified by their learning for the judicial inquiries entrusted to them. In 1603, it comprised the names of Sir Francis Bacon and Sir Thomas Fleming;' in 1623, the names of Sir Edward Coke, Sir Ileneage Finch, ^Ir. Pym, Mr. Glanville, Sir Roger North, and Mr. Selden.* The committee was then confined to the members nomi- nated by the House itself : ' but being afterwards enlarged by the introduction of all Privy Councillors ' Cm. Journ., i. 119 (March 23rd, 1603). Thoro are earlier ap- poiiittiiciits in U'Kwcs' Journal. * Coin. Journ., i. 710 ; Glanvillo's Hop., Pref. vii. • Com. Journ., i. 71 G ; Cavendish Dob., i. 608. 3f>4 House of Commons. and G-entlemen of the Long Robe, it became, after 1672, an open committee, in which all who came were allowed to have voices. This committee was henceforth exposed to all the evils of large and fluctuating numbers, and an irresponsible constitu- tion ; and at length, in the time of Mr. Speaker Onslow, a hearing at the bar of the House itself, — which in special cases had already been occasionally resorted to, — was deemed preferable to the less public and responsible judicature of the committee. Here, however, the partiality and injustice of the judges were soon notorious. The merits of the elec- tion, on which they affected to adjudicate, were little regarded. To use the words of Mr. Grenville, ' The coiu-t was thin to hear, and full to judge.'' Parties tried their strength, — the friends of rival candidates canvassed and manoeuvred, — and seats corruptly gained, were as corruptly protected, or voted away. The right of election was wrested from the voters, and usurped by the elected body, who thus exercised a vicious self-election. The ministers of the day, when they commanded a majority, sustained their own friends ; and brought all their forces to bear against the members of the Opposition. This flagitious cus- tom formed part of the parliamentary organisation, by which the influence of the crown and its ministers wa^ maintained. It was not until a government was falling, that its friends were in danger of losing their seats. The struggle between Sir Eobert Walpole and his enemies was determined in 1741, — ' This had been previously said of the House of Lords, by the Puke of Argyll. Trial of Election Petitions. 365 not upon any question of public policy, — but by the defeat of the minister on the Chippenham Election Petition. To remedy these evils, and remove the opprobrium of notorious injustice from the House of TheGren- viUe Act, Commons, Mr. Grenville introduced, m 1770. 1770, his celebrated measure, — since known as the Grenville Act, and a landmark in the Parliamentary history. He proposed to transfer the judicature, in election cases, from the House itself, to a committee of thirteen members, selected by the sitting mem- bers and petitioners from a list of forty-nine, chosen by ballot, — to whom each party should add a no- minee, to advocate their respective interests. This tribunal, constituted by Act of Parliament, was to decide, without appeal, the merits of every contro- verted election : being, in fact, a court independent of the House, though composed of its own members.' The main objection urged against this measure was that the privileges of the House were compromised, and its discretion limited, by the binding obligations of a statute. It is certain that much might have been done by the authority of the House itself, which was henceforth regulated by a statute, — the only legal power required, being that of adminis- tering an oath. But Mr. Grenville distrusted the House of Commons, and saw no security for the permanence, or honest trial of the new system, ex- cept in a law which they could not set aside. This Act was at first limited to one year ; and Horace Walpole insinuates that >Ir. Grenville, when ' Pari. Hisf., xvi. 90-1-923; Cavendish Deb., i. 476, 505. 366 House of Commons. in opposition, was willing ' to give a sore wound to the influence of the crown : ' but hoping to return to office, took care not to weaken his own future power as a minister.' But the suggestion for making the Act temporary proceeded from Lord Clare,^ and not from ]Mr. Grrenville, who was honestly persuaded that the ' system must end in the ruin of public liberty, if not checked.' ^ At this time his health and spirits were failing ; and he died a few months after the passing of his measure. The Grrenville Act was continued from time to Made per- time; and in 1774, Sir Edwin Sandys petuai. brought in a bill to make it perpetual. It encountered a strong opposition, especially from Mr. Fox, who dreaded the surrender of the privileges of the House : but the successful operation of the Act, in the five cases which had already been tried under its provisions, was so generally acknowledged, that the bill was passed by a large majority.^ 'This happy event,' wrote Lord Chatham, ' is a dawn of better times ; it is the last prop of Parliament: should it be lost in its passage, the legislature will fall into incurable contempt, and detestation of the nation.' ' The Act does honour to the statute-book, and will endear for ever the memory of the framer.'^ This Act was passed on the eve of another general election, which does not appear — so far as evidence ' Walp. Mpm. Geo. III., ii. 384, n. Cavendish Dob., i. 613. " Hatsell's Prec, ii. 21. ' 250 to 122; Pari. Hist, xvii. 1071; Fox Mem., i. 95, 133; Walpole's Journ., i. 314-325. » Letter to Lord Shilburnc, March 6th, 1774 ; Corr., iv. 332. Trial of Election Petitions. 367 is accessible — to have been marked by so much cor- ruption as that of 1768. But the value of boroughs had certainly not declined in the market, as Gatton was sold for 7. 5,000^1 For a time this measure undoubtedly introduced a marked improvement in the judicature imperfect of the House of Commons. The disrup- tion of the usual party combinations, at that period, ■was favoui-able to its success ; and the exposure of former abuses discouraged their immediate renewal, in another form. But too soon it became evident, that corruption and party spirit had not been over- come.'^ Crowds now attended the ballot, as they had previously come to the vote, — not to secure justice, but to aid their own political friends. The party which attended in the greatest force, was likely to have the numerical majority of names drawn for the committee. From this list each side proceeded to strike thirteen of its political opponents ; and the strongest thus secured a preponderance on the committee. Nor was this all. The ablest men, being most feared by their opponents, were almost invariably struck off, — a process familiarly known aa ' knocking the brains out of the committee ; ' and thus the committee became at once partial and in- competent. The members of the committee were sworn to do justice between the rival candidates ; jet the circumstances under which they were no- toriously cliosen, their own party bias, and a lax con- ventional morality, — favourt-d by the obscurity and ' Lnrd Million's Tlist.. vi. 27. ' VValpolb's Alciii., iv. Ill itiiJ «. 368 House of Commons. inconsistencies of the election law, and by the con- flicting decisions of incapable tribunals, — led to this equivocal result: — that the right was generally discovered to be on the side of the candidate who professed the same political opinions as the majority of the committee.' A Whig candidate had scant justice from a Tory committee : a Tory candidate pleaded in vain before a Whig committee. By these means, the majority of the House con- improved tinued, — with less directness and certainty, of eiecuon" perhaps with less open scandal, — to committees, nominate their own members, as they had done before the G-renville Act. And for half a century, this system, with slight variations of pro- cedure, was suffered to prevail. In 1839, however, the ballot was at length superseded by Sir Eobert Peel's Act : ^ committees were reduced to six mem- bers, and nominated by an impartial body, — the general committee of elections. The same principle of selection was adhered to in later Acts, with addi- tional securities for impartiality ; and the committee was finally reduced to five members.' The evil was thus greatly diminished : but still the sinister in- fluence of party was not wholly overcome. In the nomination of election committees, one party or the other necessarily had a majority of one ; and though these tribunals undoubtedly became far more able and judicial, their constitution and proceedings ' These evils were ably exposed in the Eeport of the Committee on Controverted Elections (Mr. C. Buller), 1837-38, No. 44. 2 2 & 3 Vict. c. 38 ; Hans. Deb., 3rd Ser., xlv. 379 ; Ibid., xlvii. 576, &c. • 4 & 5 Vict. c. 58. and 11 & 12 Vict. c. 98 ; Eeport on Contro- verted Elections, 1844, No. 373. Places and Pensiom. 369 too often exposed them to imputations of political bias.' Such being the vices and defects of the electoral system, — what were their results upon the Distribution of places and House of Commons ? Kepresentatives hold- peusions. ing their seats by a general system of corruption, could scarcely fail to be themselves corrupt. What they had bought, they were but too ready to sell. And how glittering the prizes ofiFered as the price of their services I Peerages, baronetcies, and other titles of honour, — patronage and court favour for the rich, — places, pensions, and bribes for the needy. All that the government had to bestow, they could com- mand. The rapid increase of honours ^ attests the liberality with which political services were re- warded ; while contemporary memoirs and corre- spondence disclose the arts by which many a peerage has been won. From the period of the Kevolution, places and pensions were regarded as the price of po- Restrained litical dependence ; and it has since been men"''* the steady policy of Parliament to restrain the number of placemen entitled to sit in the House of Commons. To William III. fell the task of hrst working out the difficult problem of a constitutional goverament; and among his expedients for con- trolling his Parliaments, was that of a multi- plication of ofl5ces. The country party at once perceived the danger with which their newly-bought ' At IfT.gth, in 18G8, the trial of controverted elections was trans- ferred to judges of the nuperior courts. 31 iSi 32 Vict. c. 125. ' See stq/ra, pp. 277, 323. VOL. I. B. B 370 House of Commons. liberties were threatened from this cause, and en- deavoured to avert it. In 1693, the Commons passed a bill to prohibit all members hereafter chosen from accepting any office under the crown : but the Lords rejected it. In the following year it was renewed, and agreed to by both Houses ; when the king refused his assent to it. Later in his reign, however, this principle of disqualification was com- menced, — the Commissioners of Revenue Boards being the fir:~t to whom it was applied.' And at last, in 1700, it was enacted that after the accession of the House of Hanover, ' no person who has an office or place of profit under the king, or receives a jDension from the crown, shall be capable of serving as a member of the House of Commons.' ' This too stringent provision, however, was repealed, — before it came into operation, — early in the reign of Anne.^ It was, indeed, incompatible with the working of constitutional government ; and if practically en- forced, would have brought Parliament into hopeless conflict with the executive. By the Act of Settlement of that reign, other Acts of restrictions were introduced, far better George I. adapted to correct the evils of corrupt iu- andii. fluence. The holder of every new office created after the 25th of October, 1705, and every one enjoying a pension from the crown, during plea- sure, was incapacitated from sitting in Parliament ; and members of the House of Commons accepting ' 4 & 5 Will. & Mary, c. 21 (Stamps) ; 11 & 12 Will. III. c. 2 (E.xeise). ' 12 & 13 Will. III. c. 2, s. 3. M .\ime, c. S, s. 25. Places and Pensions. 371 any old office from the crown, were obliged to vacate their seats, but were capable of re-election.' It was the object of this latter provision to submit the acceptance of office, by a representative, to the approval of his constituents : a principle which, — notwithstanding several attempts to modify it, — has since been resolutely maintained by the legislature.^ Restrictions were also imposed upon the multiplica- tion of commissioners.' At the commencement of the following reign, in- capacity was extended to pensioners for ^^^^^^ pg^. terms of years ; ^ but as many pensions were then secretly granted, the law could not be put in force. In the reign of Greorge II. several attempts were made to enforce it : but they all miscarried.'' Lord Halifax, in debating one of these bills, said that secret pensions were the worst form of bribery: ' A bribe is given for a particular job : a pension is a constant, continual bribe.''' Early in the reign of George III. Mr. Rose Fuller — who had been a stanch Whig, — was bought off by a secret pension of 500L, which he enjoyed for many years. The cause of his apostasy was not discovered until after his death.' ' 6 Anne, c. 7. * A modifieatiou of this law, however, was made by the Reform Act of 18G7, in favour of menibi rs who may be removed fi-om one office under the Crown to another. — 30 & 31 Vict., c. 102, s. 52, asid BCh. H. ' 8 Anne, c. 7. « 1 Geo. I. c. 56. ' No less than six bills were pas.fed by the Commons, and rejected by the Lords; Pari, llist., viii. 7«9 ; Vi'ul., ix. 309 ; Ihid., xi. 510; Ihid., xii. 591. " P.irl. Hist., xi. 522. ' Almon'a Corr., ii. 8 ; Hockinjjjham Mem., i. 79, ». r ii 2 372 House of Cojnmons. Still the policy of restricting the number of offices TLe Place Capable of being held by members of the BiUofi.42. jjQ^gg q£ Commons, was steadily pursued. In 1742, the Place Bill, which had been thrice re- jected by the Commons, and twice by the Lords, at length received the Eoyal assent.^ It was stated in a Lords' protest, that two hundred appointments were then distributed amongst the members of the House of Commons.* This Act added many offices to the list of disqualifications, but chiefly those of clerks and other subordinate officers of the public departments. By these measures the excessive multiplication of Places in offices had been restrained: but in the reisn the reign of , ^ George lu. of Gcorge III. their number was still very considerable ; and they were used, — almost without disguise, — as the means of obtaining parliamentary support. Horace Walpole has preserved a good example of the unblushing manner in which bar- gains were made for the votes of members, in ex- change for offices. Mr. Grrenville wrote him a letter, proposing to appoint his nephew, Lord Orford, to the rangership of St. James's and Hyde Parks. He said, ' If he does choose it, I doubt not of his and his friend Boone's hearty assistance, and believe I sliall see you, too, much oftener in the House of Commons. This is offering you a bribe, but 'tis such a one as one honest good-natured man may, without offence, offer to another.' As Walpole did not receive this communication with much warmth, ami ' 15 Geo. II. c. 22. » Lords' ProlCBts, 1741 ; Pai-I. Hist. xii. % Places and P elisions. declined any participation in the bargain, payments due to him on account of his patent offices in the Exchequer, were stopped at the Treasury, for several months.' The Whig statesmen of this period, who were striv- ing to reduce the influence of the crown, Lord Rock- were keenly alive to the means of corrup- Act, i-s2. tion which a multiplicity of places still afforded. ' The great number of offices,' said Lord Eockiugham, ' of more or less emolument, which are now tenable by parties sitting in Parliament, really operate like prizes in a lottery. An interested man purchases a seat, upon the same principle as a person buys a lottery ticket. The value of the ticket depends upon the quantum of prizes in the wheel.' ^ It was to remove this evil, even more than for the sake of pecuniary saving, that Mr. Burke, in 1780, proposed to abolish thirty-nine offices held by members of the House of Commons, and eleven held Vjy peers. And by Lord Eockingham's act for the regulation of the civil list expenditure in 1782, several offices connected with the government and royal household were suppressed, which had generally been held by members of Par- liament ; and secret pensions were discontinued.^ In 1793, the Parliament of Ireland adopted the principles of the English act of Anne, and oinccsin disqualified the holders of all offices under the cro\vn or lord-lieutenant, created after that time. On the union with Ireland, all the disquali- ' Nov. 2lHt, 1762 ; Walpole's Mem., i. 213-216. ' ]{<)fkin(i;li;im .Mom., ii. .'{.'59. ' 22 (ico. 111. c. 82 ; Wraxairn Mem., iii. 44, 50, 54. See aim) tupru, 2.50. 374 House of Commons. ficatious for the Irish Parliament were extended to the Parliament of the United Kingdom ; and several new disqualifications were created, in reference to other Irish offices.' The general scheme of official disfranchisement Further was now Complete : but the jealousy of di-qnalifi- t> i • -ni i t i t cations. Parliament was still shown by the disquali- fication of new officers appointed by Acts of Par- liament. So constant has been this policy, that upwards of one hundred statutes, still in force, contain clauses of disqualification ; and many similar statutes have been passed, which have since expired, or have been repealed.'^ The result of this vigilant jealousy has been a great reduction of the number of placemen sitting in the House of Commons. In the first Parliament of George I., there had been two hundred and seventy-one members holding offices, pensions, and sinecures. In the first Parliament of George II. there were two hundred and fifty-seven : in the first Parliament of George IV. there were but eighty- nine, exclusive of officers in the army and navy.^ The number of placemen, sitting in the House of Commons, has been further reduced by the abolition and consolidation of offices ; and in 1833, there were only sixty members holding civil offices and pen- sions, and eighty-three holding naval and military commissions.* ' 41 Geo. III. c. 52. ' Author's Pamphlet on the Consolidation of the Election Laws, 18.50. = Report on Returns made by Members, 1822 (542); 1823 (569); Hans. Deb., Srd Ser., ii. 1118, * Report on Membern in Office, 1833, No. 671. Places and Pensions. 375 The policy of disqualification has been maintained to the present time. The English judges Judicial officers (lis* had been excluded from the House uf qualified. Commons, by the law of Parliament. In the inte- rests of justice, as well as on grounds of constitu- tional policy, this exclusion was extended to their brethren of the Scottish bench, in the reign of Greorge II.,' and to tlie judges of the comts in Ireland, in the reign of George IV.^ In 1840, the same prin- ciple was applied to the Judge of the Admiralty Court.' All the new judges in equity were disquali- hed by the acts under which they were constituted. The solitary judge still enjoying the capacity of sitting in the House of Commons, is the Master of the Rolls. In 1853, a bill was introduced to with- draw this exceptional privilege : but it was defeated by a masterly speech of Mr. Macaulay.'* These various disqualifications were deemed neces- sary for securina: the independence of Par- Policy of , • . .„ disquaUfi. liament ; and their policy is still recog- caucus, nised, when the dangers they were designed to avert, are less to be apprehended. It is true that indepen- dence has been purchased at the cost of much intel- lectual eminence, which the House of Commons could ill afford to spare : but this sacrifice was due to constitutional freedom, and it has been wisely made. I 7 Gpo. II. c. 16. M & 2 Geo. IV. c. 44. ^ Much to tho porKonal regret of all who were acquainted with that oniinent man, Ur. Lushington, who lo.st the seat in which heliad Ko long (iistinp^uKlied himself. * .huldcs' K.\clusion BUI, Juno 1st, 1853; Haas. Deb., 3rd Ser., cxsvii. yyy. 376 House of Commons. But tlie independence of Parliament was formerly I'mraiary Corrupted by grosser expedients than places luemuers. and peusious. Vulgar bribes were given, — directly and indirectly, — for political support. Our parliamentary history was tainted with this disgrace, from the reign of Charles II. far into that of Greorge III. That Charles, himself unscrupulous and cor- rupt, should have resorted to bribery, is natural enough. His was a debased reign, in which all forms of corruption flom-ished. Members were then first systematically exposed to the temptation of pecu- niary bribes. In the reigns of the Tudors and the first two Stuarts, prerogative had generally been too strong to need the aid of such persuasion ; ^ but after prerogative had been rudely shaken by the overthrow of Charles I., it was sought to support the influence of the crown by the subtle arts of corrup- tion. Votes which were no longer to be controlled by fear, were purchased with gold. James II., again, — seciue of a servile Parliament, and bent upon ruling once more by prerogative, — disdained the meaner arts of bribery.'^ The Eevolution, however favourable to constitu- tional liberty, revived and extended this scandal ; and the circumstances of the times unhappily fa- vom-ed its development. The prerogative of the ' According to Lord Bolingbroke, Richard II. obliged members, ' sometimes by threats and terror, and sometimes by gifts, to con- cent to those things Tvhieh were prejudicial to the realm.' — Works, iii. 173. ]Mr. Hallam dates the bribery of members from James I. — Const. Hist., ii. Q."). Such bribery, as a system, howerer, cannot bo traced earlier than Charles II. -' Burnet's Own Time, i. 626. Barillon's De.xpateh, 30th April, 1 685 ; Fox's Hist, of James II., App. btix. ; Bolingbroke's Works, ii. 280. Bribes to Members. crown had been still further limited : the power and activity of Parliament being proportionately in- creased, while no means had yet been taken to ensure its responsibility to the people. A majority of the House of Commons, — beyond the reach of pubUc opinion, — not accountable to its constituen- cies, — and debating and voting with closed doors, — held the political destinies of England at its mercy. The constitution had not yet provided worthier means of influence and restraint ; and William III., though personally averse to the base practices of Charles II., was forced to permit their use. His reign, other- wise conducive to freedom and national greatness, was disgraceful to the character of the statesmen, and to the public virtue of that age.' The practice of direct bribery notoriously con- tinued in the three succeeding reigns ; and if not proved by the records of Parliament, was attested by contemporary writers, and by the complaints openly made of its existence. Under the adminis- tration of Sir Kobert Walpole, it was reduced to an organised system, by which a majority of the House of Commons was long retained in subjection to the minister-'* It is true that, after all, liis enemies failed in proving their cliargcs against him : but the entire sti'ength of the court, the new ministry, and ' Pari. Hist., v. 807, 840 ; Burnet's Own Time, ii. 144, 145. See Lord Miicaiilay'8 instruci ive sketch of tlio rise unci progress of Par- liamcntJiry corruption, Hist., iii. ,541, 687; Vnd., iv. 146, 305, 427 478, 545, und 55i ; Com. Journ., xi. .'JSl, jlay 2nd, 1695. Debates, Lords arid ('oinnions, 1711, on tiiolions for tlif> romoval of Sir R. Walpole, Pari. Hist., xi. 1(127-1303; Coxo'a Mem. of Sir H. Widpoli', i. ofi'J. 611, 710; Debates on appointment of Com- mittee of In'juiry, I'arl. Hist., xii. 418; Cooko's Hisl. of I'.irly, ii. 131; Lecky, lli-st. of England, i. 306. 378 House of Covimons. the House of Lords, was exerted to screen him. The witnesses refused to answer questions ; and the Lords declined to pass a bill of indemnity, which would have removed the ground of their refusal.' Nor must it be overlooked that, however notorious corruption may be, it is of all things the most difficult of proof. This system was continued by his successors, throughout the reign of George II. ; and is believed to have been brought to perfection, imder the ad- ministration of iNIr. Henry Pelham. In approaching the reign of Greorge III., it were Bribery well if no traces could be found of this niider Lord i- • i i Bute. political depravity : but unhappily the early part of this reign presents some of its worst examples. Lord Bute, being resolved to maintain his power by the corrupt arts of Sir Robert Walpole, secured, by the promise of a peerage, the aid of that minister's experienced agent, Mr. Henry Fox, in carrying them out with success.^ The office en- trusted to him was familiarly known as ' the manage- ment of the House of Commons.' In October, 1762, Mr, Grenville had impressed upon Lord Bute the difficulties of carrying on the business of the House of Commons, ' without being- authorised to talk to the members of that house upon their several claims and pretensions ; ' ' and these difficulties were effectually overcome. Horace AValpole relates a startling tale of the purchase of ' Report of Commitfep of Imuiiv, 1742; Tarl. Hist., xii. 626, 788 ; Coxe's iMcm. of Sir R. WiilpoU^ i. 71 1. * Kockiugham Mem., i. 127. ' Gronvillo Papers, i. 483. Bribes to Members. 379 votes by 'Six. Fox, in December, 1762, in support of Lord Bute's preliminaries of peace. He says, ' A shop was publicly opened at the Pay Office, ■whither the members flocked, and received the wages of their venality in bank-bills, even to so low a sum as 200^. for their votes on the treaty. 25,000?., as Martin, Secretary of the Treasury, afterwards owned, were issued in one morning ; and in a single fortnight, a vast majority was purchased to approve the peace I ' ' Lord Stanhope, who is inclined wholly to reject this circumstantial story, admits that Mr. Fox was the least scrupulous of ^\'alpole's pupils, and that the majority was otherwise unaccountable.* The accoimt is probably exaggerated: but the character of Mr. Fox and his parliamentary associates is not repug- nant to its probability ; nor does it stand alone. A suspicious circimistance, in confirmation of Horace "NValpole, has also been brought to light. Among Mr. Grenville's papers has been preserved a state- ment of the secret-service money from 1761 to 1769; whence it appears that in the year ending 2.5th October, 1762, 10,000?. had been disbursed to Mr. Martin, Secretary to the Treasury ; and in the following year, to which the story refers, no less than 41,000/.' The general expenditure for secret sen'ice, during Lord Bute's period, also exhibits a remarkable ex- cess, as compared with other years. In the year ending 25th October, 1761, the secret-serWce money ' Walp. Mem. Geo. III., i. 199 ; and se* Hist of a late Minority, p. 84. • Lord Mahon's Hist., r. 15. • Grenville Fapen, ilL 144. 380 House of Commons. had amounted to 58,000L Lord Bute came into office on the 29th May, 1762; and in this year, ending 25th October, it rose at once to 82,1 68^. In the next year, — Lord Bute having retired in April, — it fell to 61 OOOL In 176-i, it was reduced to 36,837^. : and in 1765, to 29,374?.' The Grenville ministry distributed bribes or gra- Tincier the tuitics with Icss profusiou than Lord Bute, Grenrille t i ministry. yet With SO little restraint, that a donation to a member of Parliament appears to have been re- garded as a customary compliment. It might be offered without offence : if declined an apology was felt to be due to the minister. In the Grrenville Papers we find a characteristic letter from Lord Say and Sele, which exemplifies the relations of the minister with his parliamentary supporters. 'London, Nov. 26th, 1763. ' Honoured Sir, — I am very much obliged to you for that freedom of converse you this morning indulged me in, which I prize moi'e than the lucrative advantage I then received. To show the sincerity of my words (pardon, Sir, the perhaps over niceness of my disposi- tion), I return inclosed the bill for 300Z. you favoured me with, as good manners would not permit my refusal of it, when tendered by you. ' P.S. — As a free horse wants no spur, so I stand in need of no inducement or douceur, to lend my small assistance to the ting, or his friends in the present administration.' * * There is an obscurity in these accounts ; but it seems as if the srcrot-gprvieo money had been derived from different sources, the amount paid from one source, between 1 7G1 and 1769, being Ii)6,000/., and from ihe ol her 'i'J l,oiJ'!i. The detiiils of the laller sum only are given. • GrenviUe Papers, iii. 145. B fides to Members. 381 Mr. Grenville, however, complained, — and ap- parently with justice, — ' that the secret-service money was by a great deal less than under any other minister.' ' Throughout the administration of Lord North, the purchase of votes in Parliament, by jjnderLord direct pecuniary bribes, was still a common practice. The king's complicity, — always suspected, — is now beyond a doubt. Writing to Lord North on the 1st March, 1781, his Majesty said: — 'Mr. Eobinson sent me the list of the speakers last night, and of the very good majority. I have this morning sent him 6,000L to be placed to the same purpose as the sum transmitted on the 21st August.'* No other conclusion can be drawn from this letter, than that the king was in the habit of transmitting money, to secure majorities for the minister, who was then fighting his battles in the House of Com- mons. Again, on the retirement of Lord North in 1782, the king writing on the 18th April, said: — ' I shall make out also the list paid by Mr. Robinson to Peers, and shall give it to the first Lord of the Treasury ; but I cannot answer whether, under the idea of influence, there will not be a refusal to con- tinue them. Those to members of the House of ' Grenville Papers, iii. 144. ' King's Letters to Lord North ; Lord Brougham's Works, iii. 157. Mr. Robinson, as Secrftary to the Treasury, had the manage- ment of the Hou.se of Commons, and was the depository of the Livre rovge, supposed to contain the names of mrmWrs retained by ministers. — Wraxall Mem., ii. 225. In a canvassing list of Mr. Robinson, found among Lord Auckland's papers, is this suspicious entr^' — ' Heme, Franci.s, a friend of Mr. Higby's, paid 4.00ii/.' — MS. kindly lent me by Mr. Hogge, the editor of the Auckland Cor- ri'spondenco ; see also Walpole's Journ., i. 280. 382 House of Commons. Commons cannot be given ; they may apply, if they please, to Lord Eockingham: but by what he has said to me, I have not the smallest doubt he will refuse to bring their applications, as well as those of any new solicitors in that House.' ' So far there was a hope of improvement ; and it siibse- seems that the system of direct bribery decline of ^id not long survive the ministry of Lord the system, ^orth." It may not have wholly died out ; and has probably been since resorted to, on rare and exceptional occasions. But the powerful and popu- lar administration of Mr. Pitt did not need such support. The crown had triumphed over parties, — its influence was supreme, — and Mr. Pitt himself, however profuse in the distribution of honours to his adherents, was of too lofty a character, to encourage the baseness of his meaner followers. Another instrument of corruption was found, at Shares in the beginning of this reign, in the raising loans and r. i it • i i lotteries. of money lor the public service, by loans and lotteries. This form of bribery, though less direct, was more capable of proof. A bribe could ' Corr. of Goo. III. with Lord North, ii. 422. ' Mr. Hallam says th;it the practice of direct l)ribery of Members of Parliament • is generally supposed to have ceased about the ter- mination of the American Wjir.' — Const. Hist., ii. 428. Mr. William Smith, one of the oldest m.imbers of the House of Commons, related the foUowini;: anecdote of his own time: — A pentleman, being at Sir Benjamin Ilammett's liank, hoard a member, one of Lord North's friends, ask to have a oOU/. bill ' broken,' which was done ; and upon the applicant leaving the bank, Sir B. Uammett saw a cover lyiiifi on the floor, which he picked up and jnit into his friend's hand, without comment. It was addressed to iho member, ' with Lord North's compliments.' Mr. Amyaft, Member for Sonth- am]ifon, was reputed to be the last member in receipt of a pension for I'ai'liamentary support. — -rrivatc InJ'urmatimi, Loans and Lotteries. 383 be given in secret : the value of scrip was notorious. In March, 1763, Lord Bute contracted a Lo^d Bute's loan of three millions and a half, for the public service ; and having distributed shares among his friends, — the scrip immediately rose to a pre- mium of 11 per cent, in the market ! So enormous a miscalculation of the terms upon which a loan could be negotiated, is scarcely to be reconciled with honesty of purpose ; and according to the practice of that time, the minister was entirely free from control in the distribution of the shares. Here the country sustained a loss of 385,000L ; and the minister was openly charged with having eni'iched his political adherents at the public expense. The bank-bills of Mr. Fox had been found so persuasive, that corruption was applied on a still larger scale, in order to secm-e the power of the minister. The par- ticipation of many members, in the profits of this iniquitous loan could not be concealed ; and little pains were taken to deny it.' The success of this expedient was not likely to be soon forgotten. Stock-jobbing became the Duke of fashion ; and many members of Parliament loan, 17(>7. were notoriously concerned in it. Horace Walpole, the chief chronicler of these scandals, states that, in 1767, sixty members were implicated in such trans- actions, and even the chancellor of the Exchequer himself.'^ Another contemporary, Sir George Cole- brooke, gives an account quite as circumstantial, of ' Pari. Hint., xr. ISOfl ; Adnlphus, i. Ill ; History of the lato .Mi- nority. 107 ; 'Tin- North Biituii,' No. 42; Lovil Mahon"» IIi«t , v. 2U; Bute MS.S., in Uritish Mvispuin ; Cooke's Hist ol' I'urty, iii. 'Li, WuliJoluB .Mem., Cico. 111., ii. 428. 384 House of Commons. the monstrous corruption of the time. He says, ' the Duke of Grafton gave a dinner to several of the principal men in the city, to settle the loan. Mr. Townshend came in in his niohtsfown, and aftei dinner, when the terms were settled, and every one present wished to introduce some friend on the list of subscribers, he pretended to cast up the sums already subscribed, said the loan was full, huddled up his papers, got into a chair, and returned home, reserving to himself, by this manoeuvre, a large share in the loan.'' A few years later, similar practices were exposed Lotteries. in another form. Lotteries were then a favourite source of revenue ; and it appeared from the list of subscribers in 1769 and 1770, that shares had been allotted to several members of Parliament. On the 23rd of April, 1771, Mr. Seymour moved for the list of persons who had subscribed to the lotteries of that year, alleging that it appeared from the list of 1769, that twenty thousand tickets had been disposed of to members of Parliament, which sold at a premium of nearly H. each. His motion was refused.^ On the 25th April, Mr. Cornwall moved to prohibit any member from receiving more than twenty tickets. He stated that he was ' cer- tainly informed,' that fifty members of Parliament had each subscribed for five hundred tickets, which would realise a profit of 1,000L, and secure the minister fifty votes. His motion also was rejected.' ' Cited in Walpole's Mem., iii. 100, n. ^ Pari. Hist., xvii. 174. ' Walp. Mem., iv. 320; Chatham Corr., iv. 148, «. ; Pari. Hist., xvii. 186. Loans and Lottei'ies. 385 Again, in 1781, the very circumstances of Lord Bute's flaoitious loan were repeated under Lord ° ^ , North's Lord North. A loan of 12,000,000/, was loau.nsi. then contracted, to defray the cost of the disastrous American war, of which lottery tickets formed a part. Its terms were so favourable to the subscri- bers, that suddenly the scrip, or omnium, rose nearly 11 per cent.' The minister was assailed with in- jurious reproaches, and his conduct was repeatedly denounced in Parliament as wilfully corrupt. These charges were not made by obscure men : but by Lord Rockingham, Mr. Fox, Mr. Burke, Mr. Byng, Sir G. Savile, and other eminent members of oppo- sition. It was computed by Mr. Fox, that a profit of 900,000L would be derived from the loan ; and by others, that half the loan was subscribed for by members of the House of Commons. Lord Eocking- ham said, ' the loan was made merely for the jiur- pose of corrupting the Parliament, to support a wicked, impolitic, and ruinous war.' Mr. Fox de- clared, again and again, that a large sum had been placed in the ' hands of the minister to be granted as douceurs to members of that House, ... as a means of procuring and continuing a majority in the House of Commons, upon every occasion, and to give strength and support to a bad administration.'" ' Sir P. J. Gierke, on the 8th March, said it had risen from 9 to 1 1 in the AUtty that day. Lord North said it had only risen to 9, and had fallen again to 7^. Lord ilockinglmm estimated it at 10 per cent. Debates in the Commons. 7th, 8th, I'ilh, and Mth Marcli, and in iho Ix)rds, 21»t March, 1781 ; Pari.. Him.. x:;i. 1 aS-t - 1 .SSfi ; Hooking- liftin Mem., ii. 437 ; Lord J. UubsoU's Life of l-'ox, i. 23.')-211. Wraxall's Mem., ii. 360-376. Among the bubbcriljors to this luau VOL. \. CO 386 House of Commons. The worst feature of this form of corruption was its excessive and extravagant cost to the country. If members of Parliament were to be bribed at all, — bank-notes, judiciously distributed, were far cheaper than improvident loans. Lord Bute had purchased a majority, on the preliminaries of peace, with thirty or forty thousand pounds. Lord North's experi- ment laid a burthen upon the people of nearly a million. It was bad enough that the representa- tives of the people should be corrupted ; and to pay so high a price for their coiTuption was a cruel aggravation of the wrong. In 1782, Lord North, in raising another loan, did Lord not venture to repeat these scandals : but loan, 1782. disappointed his friends by a new system of close subscriptions. This arrangement did not escape animadversion : but it was the germ of the modern form of contracts, by sealed tenders.' Mr. Disconti- Pitt had himself condemned the former the svstem system of jobbing loans and lotteries ; and Pitt. " when he commenced his own financial oper- ations, as first minister of the crown, in 1784, he took effectual means to discontinue it. That the evil had not been exaggerated, may be inferred from the views of that sagacious statesman, as expounded by his biographer and friend Dr. Tomline. Mr. Pitt ' having, while in opposition, objected to the practice of his predecessors in distributing bene- ficial shares of loans and lottery tickets, under tlie were seven members for 70,"00i. ; others for 50,000/. ; and one for 100,000/. ; but tlie greater numl)er being holders of scrip ouly, did nor appeur in tlie list — Wrnxiill Mem., 'i. 3()7. ' Pari. Hist., xxii. luoG ; W nixall's Mem., li. 522. Contractors. 387 market price, among their private friends, and the parliamentary supporters of the government, adopted a new plan of contracting for loans and lotteries by means of sealed proposals from different persons, which were opened in the presence of each other ; and while this competition ensured to the public the best terms which could be obtained under existing circumstances, it cut off a very improper source of showing favour to individuals, and increas- ing ministerial influence.' ' The lowest tenders were accepted, and Mr. Pitt was able to assure the House of Commons that not a shilling had been reserved for distribution to his friends.'^ One other form of parliamentary corruption yet remains to be noticed. Lucrative contracts contrac- for the public service, necessarily increased by the American war, were found a convenient mode of enriching political supporters. A contract to supply rum or beef for the navy, was as great a prize for a member, as a share in a loan or lottery. This species of reward was particularly acceptable to the commercial members of the House. Nor were its attractions confined to tlie members who enjoyed the contracts. Constituents being allowed to participate in their profits, were zealous in supporting govern- ment candidates. Here was another source of in- fluence, for which again the people paid too dearly. Heavy as their burthens were becoming, they were increased by the costly and improvident contracts, which this system of parliamentary jubbing en- ' Life of Pitt, iii. 633.' » Lord .Stiinliupi 's I,if.. of PiU, 1. 219. c c 2 388 House of Commons. couraged. The cost of bribery in this form, was even greater and more indefinite than that of loans and lotteries. In the latter case, there were some limits to the premium on scrip, which was public and patent to all the world : but who could estimate the profits of a contract loosely and ignorantly — not to say corruptly — entered into, and executed without adequate secvuities for its proper fulfilment ? These evils were notorious ; and efiforts were not wanting to correct them. In 1779, Sir Philip Jennings Gierke obtained leave to bring in a bill to disqualify contractors from sitting in Parliament, except where they obtained contracts at a public bidding: but on the 11th of March, the commitment of the bill was negatived.' Again, in February 1780, Sir Philip renewed his motion, and succeeded in passing his bill through the Commons, without opposition : but it was re- jected by the Lords on the second reading.* In 1781 it was brought forward a third time, but was then lost in the House of Commons.^ Meanwhile, Lord North's administration was fall- ing: the opposition were pledged to diminish the influence of the crown, and to further the cause of economic reform; and in 1782, Sir Philip Gierke was able to bring in his bill, and carry the second reading.* In committee, Mr. Fox struck out the exception in favour of contracts obtained at a public bidding, and extended the measure to existing as ' Pari. Hist., xi. 123-129. - Jhid., xxi. 414. « Ihid., 1390. • Ihid., xxii. 1214, 133"), 13.')6. Debates, 19th March; 15th and 1 7th April ; Ist and 27th May, 1782. Evidence of Corruption. 389 well as future contracts. Immediately afterwards, the Rockingham ministry coming into office, adopted a measure so consonant with their own policy ; and, imder such auspices, it was at length passed.' It was another legislative condemnation of corrupt influences in Parliament. In weighing the evidence of parliamentary corrup- tion, which is accessible to us, allowance Abuses must be made for the hostility of many of ^j^^^^ the witnesses. Charges were made against the government of the day, by its bitterest oppo- nents ; and may have been exaggerated by the hard colouring of party. But they were made by men of high character and political eminence ; and so generally was their truth acknowledged, that every abuse complained of was ultimately condemned by Parliament. Were all the measures for restraining corruption and undue influence groundless? Were the evils sought to be corrected imaginary ? The historian can desire no better evidence of contem- porary evils than the judgment of successive Parlia- ments, — pronounced again and again, and ratified by pot;terity.' The wisdom of the legislature averted ' The bill contaioed an exception in favour of persons subscribing to a public loan. It was said, however, that the loan was a more dangerous enj^ine of influence than contracts, and ultimately the ex- ception was omitted, ' it being generally understood that a separate bill should be brought in for that purpose,' which, howercr, was never done. This matter, as stated in the debates, is exceedingly obscure and inconsistent, and scarcely to be relied upon, though it WHS frequently adverted to, in discussing the question of Baron Kothschild's disability in ISSr). ' In painting the pulilic vices of hie age, Cowper did not omit to stigmatise, as it deser\-ed, its political corruption. ' I'ut when a eountrj' (one that I could name), In prostitution sinks 'the sense of shame ; When inlainous Vonality. grown bold, Writes on his bosom, " tv be lei or sold." ' — Table Talk. 390 House of Commons. the ruin of the constitution, which the philosophical JVIontesquieu had predicted, when he said, ' II perira, lorsque la puissance legislative sera plus corrompue que I'executrice.'' Such was the state of society in the first years of state of so- reign of George III. that the vices of inthe^reign the government received little correction of Geo. ui. public opinion. A corrupt system of government represented but too faithfully, the pre- valent corruption of society. Men of the highest rank openly rioted in drunkenness, gambling, and debauchery : the clergy were indifferent to religion : the middle classes were coarse, ignorant, and sensual ; and the lower classes brutalised by neglect, poverty, and evil examples. The tastes and habits of the age were low : its moral and intellectual standard was debased. All classes were wanting in refinement, and nearly all in education. Here were abounding materials for venal senators, greedy place-hunters, and corrupt electors. Having viewed the imperfections of the repre- Howpopu- sentative system, and the various forms of cipies'were corruptiou by which the constitution was keptauve. formerly disfigured, we pause to inquire how popular principles, statesmanship, and public ' Liyre xi. c. 6. Lord Bolingbroke wrote in the same spirit ; — 'Whenever the people of Britain become so dogenerate and base, as to be induced by corruption, — for they are no longer in danger of being awed by prerogative, — to choose per.sons to represent tiiom in Parliament, whom they have found by experience to be under an in- fluence arising from private interest, dependents on a court, and the creatures of a minister; or others that are unknown to the people that elect them, and having no recommendation but that which they carry in their purses: then may the (>noniii>s of our constitution boast, that they have got the better of it, and that it is no longer able to preserve itself, nor to defend liberty.'— Works, iii. 271. Causes aiding Liberty. 391 virtue were kept alive, amid such adverse influences?' The country was great and glorious ; and its history, -—though stained with many blots, — is such as Englishmen may justly contemplate with pride. The people, if enjoying less freedom than in later times, were yet the freest people in the world. Their laws, if inferior to modern jurisprudence, did not fall short of the enlightenment of the age, in which Parliament designed them. How are these contrasts to be explained and reconciled? How were the people saved from misgovemment ? What were the antidotes to the baneful abuses which pre- vailed? In the first place, parliamentary govern- ment attracted the ablest men to the service of the state. Whether they owed their seats to the patron- age of a peer, to the purchase of a borough, or to the suffrages of their fellow-countrymen, they equally enlightened Parliament by their eloquence, and guided the national councils by their statesman- ship. In the next place, the representation, — limited and anomalous as it was, — comprised some popular elements; and the House of Commons, in tlie worst times, still professed its responsibility to the people, and was not insensible to public opinion. Nor can it be denied that the small class, by whom the majority of the House of Commons was returned, were the most instructed and enlightened in the country ; and as Englishmen, were generally true to principles of freedom. ' ' Of all ingenious inKtrumonls of despotism,' said Sydney .Smith, 'I most eommctid a popular assembly wlierc tlio majiuity are paid and hired, and a few bold and ai)le nier, by their brave speeches, make the people beliere they are free.' — Men^., ii. 214. 392 House of Commons. Two other causes, which exercised a wholesome restraint upon Parliament and the governing class, are to be found in the divisions of party, — finely called by Sir Bulwer Lytton ' the sinews of freedom,' — and the growing influence of the press. However prone the ruling party may sometimes have been to repress liberty, the party in opposition were forced to rely upon popular principles ; and pledged to maintain them, at least for a time, when they succeeded to power. Party again supplied, in some degree, the place of intelligent public opinion. As yet the great body of the people had neither know- ledge nor influence : but those who enjoyed political power, were encouraged by their rivalries and am- bition, not less than by their patriotism, to embrace those principles of good government, which steadily made their way in our laws and institutions. Had all parties combined against popular rights, nothing short of another revolution could have overthrown them. But as they were divided and opposed, the people obtained extended liberties, before they were in a position to wrest them from their rulers, by means of a free representation. Meanwhile the press was gradually creating a more elevated public opinion, to which all parties were obliged to defer. It was long, however, before that great political agent performed its office worthily. Before the press can be instructive, there must be enlightenment, and public spirit among the people : it takes its colour from society, and reflects its pre- vailing vices. Hence, while flagrant abuses in the government were tolerated by a corrupt society, the Parliamentary Reform. 393 press was venal, — teeming with scurrilous libels and factious falsehoods, in the interests of rival parties, — and disfigured by all the faults of a depraved political morality. Let us be thankful that prin- ciples of liberty and public virtue were so strong, as constantly to advance in society, in the press, and in the government of the country. The glaring defects and vices of the representative system, which have now been exposed, — the re- stricted and unequal franchise, the bribery Argu- c f • t 1 111 menta for or a limited electoral body, and the corrup- Parua- ^ mentary tion of the representatives themselves, — Reform, formed the strongest arguments for parliamentary reform. Some of them had been partially corrected ; and some had been ineffectually exposed and de- nounced; but the chief evil of all demanded a bolder and more hazardous remedy. The theory of an equal representation, — at no time very perfect, — had, in the course of ages, been entirely subverted. Decayed boroughs, without inhabitants, — the abso- lute property of noblemen, — and populous towns without electors, returned members to the House of Commons : but great manufacturing cities, distin- guished by their industry, wealth, and intelligence, were without representatives. Schemes for partially rectifying these inequalities were proposed at various times, by states- Loni chat- raen of very different opinions. Lord ^Tmoof Chatham was the first to advocate reform. "770™' Speaking, in 17G6, of the borougli representation, lie called it 'the rotten part of our constitution;' aiid said 'it cannot continue a century. If it does 394 House of Commons. not drop, it must be amputated.'' In 1770, he sug- 14th Mar. gested that a third member should be added to every county, 'in order to counterbalance the weight of corrupt and venal boroughs.'^ Such was his opinion of the necessity of a measure of this cha- racter, that he said : ' Before the end of this century, either the Parliament will reform itself from within, or be reformed with a vengeance from without.'^ Mr. Wilkes's The uest scheme was that of a very notable 1T76. ' politician, Mr. Wilkes. More comprehen- sive than Lord Chatham's, — it was framed to meet, more directly, the evils complained of. In 1776, he moved for a bill to give additional members to thp metropolis, and to JNIiddlesex, Yorkshire, and other large counties : to disfranchise the rotten boroughs, and add the electors to the county constituency : and lastly, to enfranchise Manchester, Leeds, Shef- field, Birmingham, and ' other rich populous trading towns.' His scheme, indeed, comprised all the leading principles of parliamentary reform, which were advocated for the next fifty years without success, and have been sanctioned within our own time. The next measure for reforming the Commons, Bnke of was brouglit forward by a peer. On the 3rd Kirhmond'B . . r> t i bui, 1780. June, 1 i 80, m the midst oi Lord ueorge ' Debates on the Address, January, 1766. ' Walp. Mem., iv. 68 ; Chatham Corr., iv. 157, whore he supports his views by the precedent of a Scotch act at the Revolution. Strangers were excluded during this debate, which is not reported iu the Parliamentary History. » Pari. Hist., xvii. 223, n. * 21.st March, 1776, Pari. Hist., xviii. 1287. The motion was negatived without a division. Parliamentary Reform. 395 Gordon's riots, the Duke of Kichmond presented a bill for establishing annual parliaments, universal suffrage, and equal electoral districts. A scheme 60 wild and inopportune was rejected without a division.' Nor was the duke's extravagant proposal an iso- lated suggestion of his own. Extreme other schemes of changes were at this time popular, — em- reform, nso. bracing annual parliaments, the extinction of rotten boroughs, and universal sutfiage. The graver states- men, who were favourable to improved representa- tion, discountenanced all such proposals, as likely to endanger the more practicable schemes of economic reform by which they were then endeavouring, — with every prospect of success, — to purify Parliament, and reduce the influence of the crown. The peti- tioners by whom they were supported, prayed also for a more equal representation of the people : but it was deemed prudent to postpone, for a time, the agitation of that question.* The disgraceful riots of Lord George Gordon rendered this time unfavourable for the discussion of any political changes. The Whig party were charged with instigating and abetting these riots, just as, at a later period, they became obnoxious to imputations of Jacobinism. The occasion of the king's speech, at the end of the session of 1780, was not lost by the tottering government of Lord North. His Majesty warned the people against ' the hazard of innovation ; ' and artfully connected this warning • Pari. Hist., xxi, fiSfi. " Auu. Eeg., zxiv. 140, 194 ; Kuckiughnm Mem., ii. 895, 411. 396 House of Commons. with a reference to ' rebellious insurrections to resist or to reform the laws.' ' Among the more moderate schemes discussed at this period, by the temperate supporters of parlia- mentary reform, was the addition of one himdred county members to the House of Commons. It was objected to, however, by some of the leading Whigs, 'as being prejudicial to the democratical part of the constitution, by throwing too great a weight into the scale of the aristocracy.'^ Mr. Pitt was now commencing his great career ; Mr Pitt's early youth is memorable for the iaqnl^f°'^ advocacy of a measure, which his father had approved. His first motion on this subject was made in 1782, during the Eockingham administration. The time was well chosen, as that ministry was honourably distinguished by its exer- tions for the purification of Parliament : while the people, dissatisfied with their rulers, scandalised by the abuses which had lately been exposed, and dis- gusted by the disastrous issue of the American war, May 7th. Were ripe for constitutional changes. After a call of the House, he inti'oduced the subject in a speech, as wise and temperate as it was able. In analysing the state of the representation, he described the Treasury and other nomination boroughs, without property, population, or trade ; and the boroughs which had no property or stake in the country but their votes, which they sold to the highest bidder. The Nabob of Arcot, he said, had seven or eight ' Piirl. Uist., xjcvi. 767. ' Li Uer of Duko of Portland ; Eockingliara Mem., ii. 412. Parliamentary Reform. 397 members in that House ; and might not a foreign state in enmity with this country, by means of such boroughs, have a party there ? He concluded by moving for a committee of inquiry. He seems to have been induced to adopt this course, in conse- quence of the difficulties he had experienced in obtaining the agreement of the friends of reform to any specific proposal." This motion was superseded by reading the order of the day, by a majority of twenty only.* Again, in 1783, while in opposition to the coali- tion ministry, ]\Ir. Pitt renewed his exer- Mr. Pitfs tions m the same cause. His position had, tiona, Hay 7th, in the meantime, been strengthened by n»3. numerous petitions, with 20,000 signatures.' He no longer proposed a committee of inquiry, but came forward with three distinct resolutions: — 1st, That effectual measures ought to be taken for pre- venting bribery and expense at elections ; 2nd, That when the majority of voters for any borough should be convicted of corruption, before an election com- mittee, the borough should be disfranchised, and the unbribod minority entitled to vote for the county : 3rd, That an addition should be made to the knights of the shire, and members for the metropolis. In support of his resolutions, he attributed the disasters of the American war to tlie corrupt state of the ' Ann. TlcR., xxv. 181. « IGl to 141; Pari. Hist., xxii. 1416 ; Fox's Mem., i. 321-2 ; Lord 8tanliopo'« Lii'e of I'itt, i. 72-75. ' All tlio y)i'tition.s whicli hiul )ieon presfiitoil for I ho last month, had been brought into tlio llouse by the Clerk, ami hiid on the floor near the table. 398 House of Commons. House of Commons, and the secret influence of tlie crown, which, he said, ' was sapping the very founda- tion of liberty, by corruption.' Universal suffrage he condemned ; and the disfranchisement of ' rotten boroughs ' he as yet shrank from proposing. A great change, however, had now come over the spirit of the Commons. The people, once more enjoying the blessings of peace, were contented with the moderate reforms effected by Lord Eockingham ; and their representatives rejected Mr. Pitt's resolutions by a majority of one hundred and forty-four.' Before Mr. Pitt had occasion again to express his „ , , . sentiments, he had been called to the head Yorkshire ' jfn'Tuth affairs, and was carrying on his memor- able contest with the coalition. On the 1 6th January, 1784, Mr. Buncombe presented a petition from the freeholders of Yorkshire, praying the House to take into serious consideration the inadequate state of the representation of the people. Mr. Pitt sup- ported it, saying, that he had been confirmed in his opinions in favour of reform, by the recent conduct of the opposition. ' A temperate and moderate reform,' he said, 'temperately and moderately pur- sued, he would at all times, and in all situations, be ready to promote to the utmost of his power.' At the same time, he avowed that his cabinet were not united in favour of any such measure ; and that he despaired of seeing any cabinet unanimous in tlie cause. In this opinion Mr. Fox signified his con- currence ; but added, that Mr. Pitt had scarcely ' Pari. Ilisr., xxiii. 82" ; Fox's Mem., ii. 79; Wraxall's Mem., iii. 86, 400 ; Lord Staiiliopi.' s Lil'c of I'itl, i. 118. Parliamentary Reform. 399 introduced one person into his cabinet, who would support his views in regard to parliamentary reform.' The sincerity of Mr. Pitt's assurances was soon to be tested. In the new Parliament he found Mr. Pitfs himself supported by a powerful majority ; nso. and he enjoyed at once the confidence of the king, and the favour of the people. Upon one question only, was he powerless. To his measure of parlia- mentary reform, the king was adverse,'^ — his cabinet were indifferent or unfriendly ; and his followers in the House of Commons, could not be brought to vote in its favour. The Tories were generally opposed to it ; and even a large portion of the Whigs, including the Duke of Portland and Lord Fitzwilliam, failed to lend it their support.^ Public feeling had not yet been awakened to the necessity of reform ; and the legislatui'e was so constituted, that any effective scheme was hopeless. In the first session of the new Parliament he was not prepared with any measure of his own : but he spoke and voted in favour of a motion of Mr. Alder- man Sawbridge ; and promised tliat, in the next session, ho should be ready to bring the question forward himself.'' He redeemed this pledge, and on the 18th April, 1785, moved for leave to introduce a Bill ' to amend the representation of the people of P^ngland, in Parliament.' Having proved, by nume- rous references to history, that the representation had frequently been changed, according to the vary- ing circumstances of the country: tliat many decayed ' Pari. Hist., xxiv. .317. ' Sec supra, p. 91. • Lonl .1. Riis.seir« Lii'r «\ Fox, ii. 17C. * Pari. Hist., xxiv. 97o. 400 Hotise of Commons. boroTighs had ceased to retiim members to Parlia- ment, while other boroughs had been raised or re- stored to that privilege ; he proposed that seventy- two members, then returned by thirty-six decayed boroughs, should be distributed among the counties and the metropolis. But this part of his scheme was accompanied by the startling proposal, that the condemned boroughs should not be disfiranchised, except with the consent of their proprietors, who were to receive compensation from the state, amount- ing to a million sterling I He further proposed to purchase the exclusive rights of ten corporations, for the benefit of their fellow-citizens ; and to ob- tain by the same means, the surrender of the right of returning members from four small boroughs, whose members covild be transferred to populous towns. By these several means, a hundred seats were to be re-distributed. The enlargement of the coimty constituency, by the addition of copyholders to the freeholders, formed another part of his plan. It was estimated that by this change, and by the enfranchisement of great towns, a total addition of ninety-nine thousand would be made to the electoral body. The portion of this scheme most open to ob- jection wai? that of compensating the proprietors of borotighs ; and he admitted that it ' was a tender part ; but at the same time it had become a neces- sary evil, if any reform was to take place.' It seems, indeed, that not hoping to convince those interested in the existing state of the representation, of the expediency of reform, he had sought to purchase their support. The boroughs which were always in Parliamentary Reform. 401 the market, he proposed to buy, on behalf of the state ; and thus to secure purity, through the in- struments of corruption. Such a sacrifice of prin- ciple to expediency may have been necessary ; but it did not save his scheme of reform from utter failure. His motion for leave to bring in the bill, was negatived by a majority of seventy-four.' As this was the last occasion on which Mr. Pitt advocated the cause of parliamentary re- p^^.^ form, his sincerity, even at that time, has ^""'"''J'- been called in question. He could scarcely have hoped to carry this measure : but its failiu-e was due to causes beyond his control. The king and Parlia- ment were adverse, and popular support was wanting. To have staked his power as a minister, upon the issue of a measure fifty years in advance of the public opinion of his day, — and which he had no power to force upon Parliament, — would have been the act of an enthusiast, rather than a statesman. The blame of his subsequent inaction in the cause was shared by the Whigs, who, for several years, consented to its entire oblivion. In the five ensuing years of j\Ir. Pitt's prosperous administration, the word ' reform ' was Mr. Flood's . motion, scarcely whispered in Parliament. At i'»o. length, in 1790, Mr. Flood moved for a bill to amend the representation of the people. His plan was to add one hundred members to the House of Commons, to be elected by the resident householders of every county. JNIr. Pitt, on tliis occasion, pro- ' Ayes, 174; Noes, 248. Piiri. Hist., xxv. 432-475; Tomline'a Life of I'M, ii. 41 ; Lord Stiiuhopr's Life of Pitt, i. 2^)6. ' ' I) I) 402 House of Commons. fessed himself to be as firm and zealous a friend as ever to parliamentary reform ; but could not assent to Mr. Flood's motion, -whicli was superseded by the adjournment of the House.' Meanwhile, the cause of parliamentary reform had ' Friends been advocated by several political associa- Peopie.' tions, and more particularly by the ' Friends of the People.' This society embraced many gentle- men eminent in politics and literature ; and twenty- eight members of Parliament, of whom Mr. Grey and Mr. Erskine took the lead. It was agreed amongst them, that the subject should again be pressed upon the attention of Parliament. And, Mr. Grey's accordingly, on the 30th of April, 1792, notice, 30th -.r^^ . « ... April, 1792. Mr. Grcy gave notice of a motion, m the ensuing session, for an inquiry into the representa- tive system.^ A few years earlier, the cause of re- form, — honestly supported by moderate men of all parties, — might have prevailed : but the perils of the time had now become too great to admit of its fair discussion. That ghastly revolution had burst forth in France, which for two generations was destined to repress the liberties of England. Mr. Pitt avowed that he still retained his opinion of the propriety of parliamentary reform : but was per- suaded that it could not then be safely tried. He saw no prospect of success, and groat danger of anarchy and confusion in the attempt. ' This is not a time,' said he, ' to make hazardous experi- ' Pari. Hist., xxviii. 452. ' Mr. Speaker Adtlington permittpd a debate to arise on this occasion, which, according to the stricter practice of later times, would hav'.' l>tcn wliollj' uadmissible. — Lord Sidi/wuth's Life, i. 88. Parliamentary Reform. 403 ments.' He had taken his stand against revolu- tionary principles, and every question with which they could be associated. ^Ir. Burke, the honoured reformer of an earlier period, and in another cause,' and many respected members of his party, henceforth supported the minister, and ranged themselves with the opponents of reform. A period was commencing, not only hostile to all change, but repressive of free- dom of opinion ; and the power of Mr. Pitt, as the champion of order against democracy, was absolute.^ On the 6th of May, 1793, Mr. Grey brought for- ward the motion, of which he had given Mr. Grey s . . motion, notice in the previous session. First he 1793. presented a long and elaborate petition from the society of the Friends of the People, exposing the abuses of the electoral system, and alleging various grounds for parliamentary reform. This petition having been read, ilr. Grey proceeded to move that it be referred to the consideration of a committee. Like Mr. Pitt, on a former occasion, — and probably for the same reasons, — he made no specific proposal ; but contented himself with arguments against the existing system. A more unsuitable time for such a motion could not have been foimd. The horrors of the French revolution had lately reached their climax in the execution of the king : many British subjects had avowed their sympathy with revolu- tionary principles : the country was at war with the French repuljlic : the Wliig party had been broken up ; and the great body of the people were alarmed ' iMr. Burke had ncvi r Rupportod parliamentary reform. * r.irl. Hist., s.xix. 1300; Tnmliiio's Life of Pitt, iii. 322. D u2 404 House of Commons. for the safety of their institutions. At such a time, the most moderate proposals were discountenanced ; and after two nights' debate, Mr. Grey's motion found only forty-one supporters.' After such discouragement, and under circum- Mr. Grey's stauces SO adverse, Mr. Grey did not at- motion, tempt to renew the discussion of parlia- mentary reform, until 1797. He now had a definite plan ; and on the 26th May, he moved for leave to bring in a bill for carrying it into effect. He pro- posed to increase the county members from ninety- two to one hundred and thirteen, by giving two members to each of the three ridings of the county of York, instead of two for the whole county, and by similar additions to other large counties ; and to admit copyholders and leaseholders for terms of years, as well as freeholders, to the county franchise. As regards the boroughs, he proposed to substitute for the numerous rights of election, one uniform household franchise. And in order to diminish the expense of elections, he suggested that the poll should be taken, throughout the whole kingdom, at one time. His scheme comprised, in fact, an outline of the great measure, which this eminent statesman was ultimately destined to mature, as the cons^um- mation of his labours during half a century. His motion was seconded by Mr. Erskine, in a speech which went far to contradict the assertion, — so often made, — that in the House of Commons this great forensic orator was wholly unequal to his reputation. ' Piirl. Hist, XXX. 787-92.'); Ayes, 41; Noes, 232; Lord J. KussuU's Lile of Fox, ii. 281-283,349. Parliamentary Reform. 405 At once eloquent, impassioned, and argumentative, it displayed those rare qualities, which have never been equalled at the British bar, and not often in the senate. The motion was also supported, in an admirable speech, by ^Mr. Fox. But vain were moderate and well-considered plans, — vain were elo- quence and argument. The feelings, fears, and pre- judices of the people were adverse to the cause : reform being now confounded with revolution, and reformers with Jacobins. Whatever was proposed, — more was said to be intended ; and Paine and the ' Eights of Man ' were perversely held up, as the true exponents of the reformer's creed. The motion was rejected by a large majority.' Again the question slept for many years. The early part of the present century was a pnrther period scarcely more favourable for the dis- ^*^u,"nt of cussion of parliamentary reform, than the ■'^f"™'- first years of the French revolution. The prodigious efforts of the country in carrying on the war, — victories and disasters, — loans, taxes, and subsidies, — engrossed the attention of Parliament, and the thoughts of the people. The restoration of peace was succeeded by other circumstances, almost equally impropitious. Tlie extreme pressure of the war upon the industrial resources of the country, had occasioned suffering and discontent amongst the working classes. The government were busy in re- pressing sedition ; and the governing classes, trained under a succession of Tory administrations, had learned to scout every popular principle. Und^r ' Pari. Ilist., xxxiii. C U. Ayes, 91 ; Now 'i^'iO. 4o6 Hotisc of Commons. such discouragements, many of the old supporters of reform, either deserted the cause, or shrank from its assertion ; while demagogues, of dubious character, and dangerous principles, espoused it. ' Hampden Clubs,' and other democratic associations, — chiefly composed of working men, — were demand- ing universal suffrage and annual Parliaments, which found as little favour with the advocates of reform, as with its opponents ; and every moderate scheme was received with scorn, by ultra-reformers.' But not^vithstanding these adverse conditions, the Sir F. Bur- qucstion of reform was occasionally dis- riett's plan, . . i8t>9. cussed in Parliament. In 1809, it was revived, after the lapse of thirteen years. Mr. Pitt and Mr. Fox, — who had first fought together in sup- port of the same principles, and afterwards on oppo- site sides, - were both no more : Mr. Grey and Mr. Erskine had been called to the House of Peers ; and the cause was in other hands. Sir Francis Burdett was now its advocate, — less able and influential tlian his predecessors, and an eccentric politician, — but a thorough-bred English gentleman. His scheme, however, was such as to repel the support of the few remaining reformers. He proposed that every county should be divided into electoral districts ; that each district should return one member ; and that the franchise should be vested in the taxed male population. So startling a project found no more than fifteen supporters.'^ ' Com. Jonrn., Ixv. .'^60, &c. Reports of Secret Committees of Lonls and Commons. 1817; Wilberforce's Life, iv. 315; Bamforcl's Life of ti Rnilical, i. If>2-1(!.5. 2 Huns. Deb., 1st Ser., xiv. 1041. Ayes, 15; Noes, 74. Parliamentary Reform. 407 In the following year, several petitions were pre- sented, praying for a reform of Parliament ; and on the 21st May, Mr. Brand moved for ^™?on! a committee of inquiry, which was refused ^'lo.^'^'' by a large majority.' On the 13th June, fs^thj^e', Earl Grey, in moving an address on the state of the nation, renewed his public connection with the cause of reform, — avowed his adherence to the sentiments he had always expressed, — and pro- mised his futiu-e support to any temperate and judi- cious plan for the correction of abuses in the repre- sentation. He was followed by Lord Erskine, in the same honourable avowal.'^ In 1818, Sir F. Burdett, now the chairman of the Hampden Club of London, proposed reso- sir f. bup- lutions in favour of universal male suf- isis^io. frage, equal electoral districts, vote by ballot, and annual Parliaments. His motion was seconded by Lord Cochrane : but found not another supporter in the House of Commons. At this time, there were numerous public meetings in favour of universal suffrage ; and reform associations, — not only of men but of women, — were engaged in advancing the same cause. And as many of these were advocating female suffrage, Sir F. Burdett, to avoid miscon- struction, referred to male suffrage only.' In 1819, Sir F. Burdett again brought forward a motion on the subject. He proposed that the House ' y\vos, 115; NocB, 234. ITans. Dob., 1st Str., xvii. 123. ' Ihid., xvii. 569, 590. • Sou 11 Iciirnwi and ingenious urticio in the Edin. Rov., Jiinnnry, 1819, liy Sir J. Miiokiiilosh, on Universal Suffrage, Art. viii. ; Biim- foi-d's J.ifi' ofii Kudiial, i. 16t. 4o8 House of Commons. should, early in the next session, take into its con- sideration the state of the representation. In the debate, Lord John Eussell, who had recently been admitted to Parliament, expressed his opinion in favour of disfranchising such boroughs as were noto- riously corrupt. The motion was superseded by read- ing the orders of the day.' At the commencement of the following session, LordJ. Lord John Eussell, — whose name has ever RusseU, 1820. since been honourably associated with the cause of reform, — proposed his first motion on the subject. In the preceding session, he had brought under the notice of the House the scandalous pro- ceedings at Grampound. He now took broader ground, and embraced the general evils of tlie electoral system.^ The time was not favourable to moderate counsels. On one side were the intem- perate advocates of universal suffrage : on the other the stubborn opponents of all change in the representation.* But such was the moderation of Lord John's scheme of reform, that it might have claimed the support of the wiser men of all parties. He showed, in a most promising speech, that in former times decayed boroughs had been dis- charged from sending members, and populous places summoned by writ to return them ; he de- scribed the wonderful increase of the great manu- I Hans. Deb., 1st Ser., xl. 1440. ' Ihld., xli. 302, 1091. ' Notwithstanding the small cnconraRt'ment given . reform,' again pressed the matter upon the notice of the House. The cry for universal suffrage had now subsided, — tranquillity prevailed throughout ' .Vyos, 43 ; Noes, ho. Hans. Deb., 2nd Ser., v. 359-453. Mr. L.ambton had prepared a bill, wiiich is printed in the Appendix to that volume of Di4)ate.s. Hans. Deb., 2nd Si r., v. fi03 Parliamentary Reform. 4 1 1 the country, — and no circumstance could be urged as unfavourable to its fair consideration. After showing the great increase of the wealth and in- telligence of the country, he proposed the addition of sixty members to the counties, and forty to the great towns; and, — not to increase the total number of the House of Commons, — he suggested that one hundred of the smallest boroughs should each lose one of their two members. His motion, reduced to a modest resolution, ' that the present state of repre- sentation required serious consideration,' was rejected by a majority of one hundi-ed and five.' In 1823, Lord John renewed his motion in the same terms. He was now supported by in 1823. numerous petitions, — and amongst the number by one from seventeen thousand freeholders of the county of York ; but after a short debate, was de- feated by a majority of one hundred and eleven.* Again, in l82fi. Lord John proposed the same resolution to the House ; and pointed out Lord j forcibly, that the increasing wealth and in- n,"ti^u^ telligence of the people were daily aggra- vating the ineriuality of the representation. Nomi- nation boroughs continued to return a large propor- tion of the members of the House of Commons> while places of enormous population and commercial prosperity were without representatives. After an interesting debate, his resolution was negatived by a majority of one hundred and twenty-four.' ' Hiins. Deb., 2n(l Ser, rii. Sl-lSO. Ayes, 164 ; Noes, 269. « Ihhl., viii. 12G0. A}rs, 169 ; No. s, 280. » Ihid., XV. .')'.. Ayes, 127 ; Noes. 217. 412 House of Commons. In 1829, a proposal for reform proceeded from an j^p^ij unexpected quarter, and was based upon ^e^fT&ia- principles entirely novel. The measure of Catholic emancipation had recently been carried ; and many of its opponents, of the old Tory party,— disgusted with their own leaders, by whom it had been forwarded, — were suddenly converted to the cause of parliamentary reform. On the 2nd June, Lord Blandford, who represented their opinions, submitted a motion on the subject. He apprehended that the Eoman Catholics would now enter the borough-market, and purchase seats for their representatives, in such numbers as to en- danger our Protestant constitution. His resolutions condemning close and corrupt boroughs, found only forty supporters, and were rejected by a majority of seventy-four.' At the commencement of the next session, Lord Blandford repeated these views, in moving an amendment to the address, representing the necessity of improving the representation. Being seconded by Mr. O'Connell, his anomalous position as a reformer was manifest.^ Soon afterwards ho moved for leave to bring in a bill to restore the constitutional influence of the Commons in the Parliament of England, which contained an elaborate machinery of reform, including the restoration of waires to members.* His motion served no other purpose, than that of reviving discussions on the general (question of reform. But in the meantime, questions of no less general • lliuis. Deb., 2nd Sor., xxi. 1672. Ayes, 40 ; Noes, 114. 2 Lbid., xxii. 171. ' xxii. 078. Parliamentary Reform. 413 application had been discussed, which eventually pro- duced the most important results. The dis- Northamp- cloRures which followed the general election Lekester cases, of 1826, and the conduct of the government, 182C-27. gave a considerable impulse to the cause of reform. The corporations of Northampton and Leicester were alleged to have applied large sums Feb. 21st. from the corporate funds, for the support March isth. of ministerial candidates. In the Northampton case, Sir Kobert Peel went so far as to maintain the right of a corporation to apply its funds to election purposes : but the House could not be brought to concur in such a principle ; and a committee of inqiury was appointed.' In the Leicester case, all inquiry was successfully resisted.'^ A bill to restrain such corporate abuses was passed by the Commons in the next session, but Lord Eldon secured its re- jection by the Lords, on the third reading.* Next came two cases of gross and notorious bri- bery,— Penryn and East Eetford. They pe^^j-naDd were not worse than those of Shoreham ^>^i'ea!^ and Grampound, and might have been as easily disposed of ; but, — treated without judgment by ministers, — they precipitated a contest, which ended in the triumph of reform. Penryn had long been notorious for its corruption, which had been already twice exposed yet minis- ters resolved to deal tenderly with it. Instead of disfranchising so corrupt a borough, they followed ' ITiinB. Dob., 2nd Sor., xvi. 600. i IhuU, 1198. * l;illi .June, Ifi27; liordH' JLd., xviii. Sa. ' Hid., IHl, 1282. Parliamentary Reform. 4^5 now opposed the transference of the franchise to Birmingham. Mr. Huskisson, however, voted for it ; and his proffered resignation being accepted by the Duke of Wellington,' led to the withdrawal of Lord Palmerston, Lord Dudley, Mr. Lamb, and Mr. Grant, — the most liberal members of the govern- ment, — the friends and colleagues of the late Mr. Canning. The cabinet was now entirely Tory ; and less disposed than ever to make concessions to the reformers. The Penryn bill was soon afterwards thrown out by the Lords on the second reading ; and the East Retford bill, — having been amended so as to retain the franchise in the hundreds, — was abandoned in the Commons.'^ It was the opinion of many attentive observers of these times, that the concession of demands Proposal to so reasonable would have arrested, or post- Leeds, Bir- poned tor many years, the progress of re- and Man- form. They were resisted ; and further i^ao. agitation was encouraged. In 18.30, Lord John Russell, — no longer hoping to deal with Penryn and East Retford, — proposed at once to enfranchise Leeds, Birmingham, and Manchester ; and to pro- vide that the three next places proved guilty of corruption should be altogether disfranchised.^ His motion was opposed, mainly on the ground that if the franchise were given to these towns, the claims of other large towns could not afterwards be ' Ilfins. Dob., 2nd Sor., xix. 915. Soe Yonge's Life of the Duko of WulliiiKtoii, ii. 160-1,04 ; Lord ColchostiTs Diary, iii, 666; Buhvpr'H Lite of Viscount Piilmcrston, i. 261-279. ' IJiins. Dob., 2nd Sor., xix. 1630. ' Ihid., xiii. 86'J. 4i6 House of Commons. resisted. Where, then were such concessions to stop ? It is remarkable that on this occasion, Mr. Huskis- son said of Lord Sandon, who had moved an amend- ment, that he ' was young, and would yet live to see the day when the representative franchise must be granted to the great manufacturing districts. He thought such a time fast approaching ; and that one day or other, His Majesty's ministers would come down to that House, to propose such a measure, as necessary for the salvation of the country.' Within a year, this prediction had been verified ; though the unfortunate statesman did not live to see its fulfilment. The motion was negatived by a majority of forty-eight ; ^ and thus another moderate proposal, — free from the objections which had been urged against disfranchisement, and not affecting any existing rights, — was sacrificed to a narrow and obstinate dread of innovation. In this same session, other proposals were made other pro- of a widely different character. Mr. O'Con- 1830. nell moved resolutions in favour of uni- versal suffrage, triennial Parliaments, and vote by ballot. Lord John Eussell moved to substitute other resolutions, providing for the enfranchisement of large towns, and giving additional members to populous counties ; while any increase of the num- bers of the House of Commons was avoided, by disfranchising some of the smaller boroughs, and restraining others from sending more than one mem- ber,* Sir Robert Peel, in the coui'se of the debate, ' Ayes, HO; No«s, 188. ' Hans. Deb., 2ud Ser., xiiv. 1204 Parliamentary Reform. 4 1 7 said : ' They had to consider whether there was not, ou the whole, a general representation of the people in that House ; and whether the popular voice was not sufficiently heard. For himself he thought tliat it was.' This opinion was but the prelude to a more memorable declaration, by the Duke of Wellington. Both the motion and the amendment failed : but discussions so frequent served to awaken public sympathy in the cause, which great events were soon to arouse into enthusiasm. At the end of this session. Parliament was dis- solved, in consequence of the death of Dissolution George IV. The government was weak, — ^^^"^ parties had been completely disorganised by the passing of the Catholic Belief Act, — much discontent prevailed in the country ; and the question of par- liamentary reform, — which had been so often dis- cussed in the late session, — became a popular topic at the elections. !Meanwliile a startling event abroad, added to the usual excitement of a general election. Scarcely had the writs been issued, when Charles X. of France, — having attempted a coxvp cVetat, — sud- denly lost his crown, and was an exile on his way to England.' As he had fallen, in violating the liberty of the press, and subverting the representative con- stitution of PVancc, this revolution gained the sym- pathy of the English people, and gave an impulse to liberal opinions. The excitement was further in- creased by the revolution in Belgium, which imme- diately followed. The new Parliament, elected ' Parliament was dissolved July 24th. The 'three diije' com- menced in I'rance, on thv 27th. VOJL. I. EE 4i8 House of Coininons. under such circumstances, met in October. Being •without the restraint of a strong government, ac- knowledged leaders, and accustomed party connec- tions, it was open to fresh political impressions ; and the first night of the session determined their direction. A few words from the Duke of W^ellington raised j3„j.g a storm, which swept away his government, Sn's'rif-" ^iid destroyed his party. In the debate on tiaration. addrcss. Earl Grey adverted to reform, and expressed a hope that it would not be deferred, like Catholic emancipation, until government would be ' compelled to yield to expediency, what they re- fused to concede upon principle.' This elicited from the Duke an ill-timed profession of faith in our representation. 'He was fully convinced that the country possessed, at the present moment, a legislature which answered all the good purposes of legislation, — and this to a greater degree than any legislature ever had answered, in any country what- ever. He would go further, and say that the legis- lature and system of representation possessed the full and entire confidence of the country, — deservedly possessed that confidence, — and the discussions in the legislature had a very great influence over the opinions of the country. He would go still further, and say, that if at the present moment he had im- posed upon him the duty of forming a legislature for any country,— and particularly for a country like this, in possession of great property of various des- cri])tions, — he did not mean to assert that he could form such a legislature as they possessed now, foi Parliamentary Reform. 419 the nature of man tois incapable of reaching such excellence at once : but his great endeavour would be to form some description of legislature, which would produce the same results. . . . Under these circumstances he was not prepared to bring forward any measure of the description alluded to by the noble lord. He was not only not prepared to bring forward any measure of this nature ; but he would at once declare that, as far as he was concerned, as long as he held any station in the government of the country, he should always feel it his duty to resist such measures, when proposed by others.' ' At another time such sentiments as these might have passed unheeded, like other general panegyrics upon the British constitution, with which the public taste had long been familiar. Yet, so general a defence of our representative system had never, perhaps, been hazarded by any statesman. ^Ministers had usually been cautious in advancing the theoretical merits of the system, — even when its abuses had been less frequently exposed, and public opinion less awakened. They had spoken of the dangers of innovation, — they had asserted that the system, if imperfect in theory, had yet ' worked well,' — they had said that the people were satisfied, and desired no change, — they had appealed to revolutions abroad, and disaffection at home, as reasons for not enter- taining any proposal fjr change : but it was reserved for the Duke of Wellington, — at a time of excitement like the present, — to insult the understanding of the ' Hans. Dfb. 3rJ Ser., i. 52. The Duke, on a subsequent occasion, explained this speech, but did not deny that he had used the expres- sions attributed to him. — Hans. Ihh., 3rJ Ser., vii. 1186. H B 2 420 House of Commo7ts. people, by declaring that the system was perfect in itself, and deservedly possessed their confidence.* On the same night, Mr. Brougham gave notice of FaUofthe ^ motion on the subject of parliamentary government, reform. Within a fortnight, the duke's administration resigTied, after an adverse division in the Commons, on the appointment of a committee to examine the accounts of the civil list.'* Though this defeat was the immediate cause of their resig- nation, the expected motion of Mr. Brougham was not without its influence, in determining them to withdraw from further embarrassments. Earl Grey was the new minister ; and Mr. Lord Grey's Brougham his lord chancellor. The first ministry, 1830. announcement of the premier was that the government would ' take into immediate considera- tion the state of the representation, with a view to the correction of those defects which had been occasioned in it by the operation of time ; and with a view to the re-establishment of that confidence upon the part of the people, which he was afraid Parliament did not at present enjoy, to the full extent that is essential for tlie welfare and safety ' Tliis declaration was condemned even by his own part}'. Lord Grenville wrote to the Duke of Buckinfrham, Nov. 21 st, 1830: 'It has been most unfortunate for him, and not less so for the question. Absolute resistance, in limine, to any reform, is manifestly no longer possible.' — Courts and Cabinets of Wm. IV. and Quein Vict., i. 146. Tlie Duke himself, liowever, far from perceiving his error, wrote, March 2Uh, 1831 : 'In my opinion, the fault of which those have been guilty who oppose the measure, is the admission that any reform is necessary.' — 1/iiJ., 260. Sydney Smith, writing Nov. 18,30, says: ' Never was any ad- ministration so completely and so suddenly destroyed ; and, I believe, entirely by the Duke's declaration, made, I suspect, in perfect igno- rance of the state of public feeling and opinion.' — Mem., ii. 313. Parliajnentary Reform. 421 of the country, and tlie preservation of the govern- ment.' ' The government were now pledged to a measure of parliamentary reform ; and during the Agitation in Christmas recess, were occupied in pre- reform, paring it. Meanwhile, the cause was eagerly sup- ported by the people. Public meetings were held, political unions established,* and numerous petitions signed, in favour of reform. So great were the difficulties with which the government had to con- tend, that they needed all the encouragement that the people could give. They had to encounter the reluctance of the king,^ — the interests of the pro- prietors of boroughs, which Mr. Pitt, unable to overcome, had sought to purchase, — the opposition of two-thirds of the House of Lords, and perhaps of a majority of the House of Commons, — and above all, the strong Tory spirit of the country. Tory principles had been strengthened by a rule of sixty years. Not confined to the governing classes, but pervading society, — they were now confirmed by fears of impending danger. On the other hand, the too ardent reformers, while they alarmed the oppo- nents of reform, embarrassed the government, and injured the cause, by tlieir extravagance. On the 3rd February, when Parliament reas- sembled. Lord Grey announced that the First Re- government had succeeded in framing ' a i.H:m-;)i. measure which would be effective, without exceediri'r the bounds of a just and well-advised moderation,' ' Hiins. Deh., 3rd Scr., i. 006. ' 3. o Chap. X. • tsupra, y. l."9. 422 House of Commons. and Avbich ' had received the unanimous consent of the ■whole government.' On the 1st March, this measure was brought forward in the House of Conamons by Lord John Russell, to whom, — though not in the cabinet, — this honourable duty had been justly confided. In the House of Commons he had already made the question his own ; and now he was the exponent of the policy of the government. The measure was brieflv this : — to disfranchise sixtv of the smallest boroughs ; to withdraw one member from forty- seven other boroughs ; to add eight members fof the metropolis ; thirty-four for large towns ; and fifty-five for coimties, in England ; and to give five additional members to Scotland, three to Ireland, and one to Wales. By this new distribution of the franchise, the House of Commons woidd be reduced in number from six hundred and fifty-eight, to five hundred and ninety-six, or by sixty-two mem- bers.' For the old rights of election ia boroughs, a 10^. household franchise was substituted ; and the cor- porations were deprived of their exclusive pri\'ileges. It was computed that half a milUon of persons would be enfranchised. Improved arrangements were also proposed, for the registration of votes, and the mode of polling at elections. This bold measure alarmed the opponents of re- form, and failed to satisfy the radical reformers : but on the whole, it was well received by the reform party, and by the coimtry. One of the most stirring ' Hans. Deb., 3rd Scr.. ii. 1061. Parliamentary Reform. 423 periods in our history was approaching: but its events must be rapidly passed over. After a debate of seven nights, the bill was brought in without a division. Its opponents were collecting their forces, while the excitement of the people in favour of the measure, was continually increasing. On the 22nd March, the second reading of the bill was carried by a majority of one only, in a House of six hundred and eight, — by far the greatest number which, up to that time, had ever been assembled at a division.' On the 19th of April, on going into committee, ministers foimd themselves in a minority of eight, on a resolution proposed by General Gascoyne, that the number of members returned for England, ougfht not to be diminished,* On the 21st, ministers an- nounced that it was not their intention to proceed with the bill. On that same night, they were again defeated on a question of adjournment, by a majority of twenty-two,' This last vote was decisive. The very next day, Parliament was prorogued by the king in person, ' According to Lord Colchester, tho largest division since the Union had been on Mr. Tiemey's motion, on the state of tho nation, 21st May, 1819, when 530 were present, including the Speaker and tellers. — Lord Colchester's Diary, iii. 76. For oiher cases of large divi>ions, see Ihid., i. 520; ii. 123, 377. Tlie largest division since known was on the 4th June. 1841, on tho vole of want of confidenco in Lonl Melbourne's ministry, when 628 were present, including the i>pcakit it had been the vice of places where a small ' 13 & 1 J Vict. ?. GO. 432 House of Commons. body of electors, — exercising the same privilege as proprietors, — sold the seats which, by their indi- vidual votes, they had the power of conferring. The reform act had suppressed the very boroughs which had been free from bribery : it had preserved boroughs, and classes of voters, familiarised with corrupt practices ; and had created new boroughs, exposed to the same temptations. Its tendency, therefore, — unless corrected by moral influences, — was to increase rather than diminish corruption, in the smaller boroughs. And this scandal, — which had first arisen out of the fjrowin"- wealth of the country, — was now encouraged by accumulations of property, more vast than in any previous period in our history. If the riches of the nabobs had once proved a source of electoral corruption,— what temptations have since been offered to voters, by the giant fortunes of our age ? Cotton, coal, and iron, — the steam-engine, and the railway, — have called into existence thousands of men, more wealthy than the merchant princes of the olden time. The riches of Australia alone, may now vie with the ancient wealth of the Indies. Men en- riclied from these sources have generally been active and public spirited, — engaged in enterprises which parliamentary influence could promote ; ambitious of distinction, — and entitled to appeal to the inter- ests and sympathies of electors. Such candidates as these, if they have failed to command votes by their public claims, have had the means of buying them ; and their notorious wealth lias excited the cujiidity of electors. This great addition to the Bribery since the Reform Act. 433 opulent classes of society, has m\iltiplied the means of bribery ; and the extension of the franchise enlarged the field over which it has been spread. Nor was the operation of these causes sufficiently coimteracted by such an enlargement of borough constituencies, as would have placed them beyond the reach of undue solicitation. So far the moral and social evils of bribery mav have been encouraged ; but its political results have been less material. Formerly a large propor- tion of the members of the House of Commons owed their seats to corruption, in one form or another: since 1832, no more than an insignificant fraction of the entire body have been so tainted Once the counterpoise of free representation was wanting : now it prevails over the baser elements of the constitution. Nor does the political conduct of members chosen by the aid of bribery, appear to have been gravely affected by the original vice of their election. Eighty years ago, their votes would have been secured by the king, or his nainisters : now they belong indiscriminately to all parties. Too rich to seek office and emolument, — even were such prizes attainable, — and rarely aspiring to honours, — they are not found corruptly supporting the government of tlie day ; but range themselves on either side, according to their political views, and fairly enter upon the duties of public life. The exposure of corrupt practices since 1832, has been discreditably frequent ; but the worst ^js't^i. examples have been presented by boroughs }J^°nchjS^ of evil reputation, which the reform act had spared. VOL. I. F F 434 House of Commojis. Sudbury bad long been foremost in open and un- blushing comiption ; * -which being continued after the reform act, was conclusively punished by the disfranchisement of the borough.^ St. Albans, not less corrupt, was, a few years later, wholly disfran- chised.' Corrupt practices were exposed at Warwick,^ at Stafford,^ and at Ipswich.^ In corporate towns, freemen had been the class of voters most tainted by bribery ; and their electoral rights having been respected by the reform act, they continued to abuse them. At Yarmouth their demoralisation was so general, that they were disfranchised, as a body, by act of parliament.'' But bribery was by no means confined to freemen. The \0l. householders, created by the reform act, were too often found unworthy of their new franchise. Misled by bad examples, and generally encouraged by the smallness of the elec- toral body, they yielded to the corrupt influences by which their political virtue was assailed. In numerous cases these constituencies, — when their offence was not sufficiently grave to justify a per- manent disfranchisement, — were punished in a less degree, by the suspension of the writs.^ Meanwhile, Parliament was devising means for iieasures morc general exposure and correction prevention ^v^ch. disgraccful practices. It was not ut Bnbery. enougi, that writs had been suspended, and the worst constituencies disfranchised : it was neces- sary for the credit of the House of Commons, and ' See supra, p. 337. ' 7 & 8 Vict. c. 63. ' 15 & 16 Viet. c.9. * Rep. of Committee, 1833, 295. » Ibid., No. 537. ' Ihid., 1835, No. 286. ' 1 1 & 12 Viot. c. 24. • Warwick, Carricklergus, Hertford, Stafford, Ipswich, &c. Bribery since the Reform Act. 435 of the new electoral system, that gross abuses of the franchise should be more eflfectually restrained. The first measiu-e introduced with this object, was that of Lord John Eussell in 18-41. ^ Bribery Act, .Many members who had won their seats by bribery, escaped detection, under cover of the rules of evidence, then followed by election committees. These committees had, — not unnaturally, — required a preliminaiy proof that persons alleged to have committed bribery, were agents of the sitting mem- ber or candidate. Until such agency had been established, they declined to investigate general cliarges of bribery, which unless committed by au- thorised agents would not affect the election. When this evidence was wanting, — as it often was,— all the charges of bribery at once fell to the ground ; the member retained his seat, and the corrupt elec- tors escaped exposure. To obviate this cause of failure, the act of 1841,'— inverting the order of proceeding, — required committees to receive evi- donce generally upon the charges of bribery, without prior investigation of agency; and thus proofs or implications of agency were elicited from the general evidence. And even where agency was not esta- blished, every act of bribery, by whomsoever com- mitted, was disclosed by witnesses, and reported to the House. While this measure facilitated the exposure of bribery, it often pressed with undue severity upon the sitting member. Inferences rather than proofs of agency having been accepted, members havft ' 4 and 6 Vict. c. 57. FF 2 436 House of Commons. forfeited their seats for the acts of unauthorised agents, without any evidence of their own knowledge or consent. In the administration of this law, com- mittees, — so far from desiring to screen delinquents, — erred rather on the side of severity. Tlie investi- gation of corrupt practices was also, incidentally, facilitated by the amendment of the law of evidence, which permits the personal examination of sitting members and candidates.' The act of 1841 was followed by another, in the Bribery next year,'^ which provided for the prosecu- and i852. tion of investigations into bribery, after an election committee had closed its inquiries, or where charges of bribery had been withdrawn. But this measure not having proved effectual, another act was passed in 1852,' providing for the most searching inquiries into corrupt practices, by commissioners appointed by the crown, on the address of the two Houses of Parliament. In the exposm-e of bribery, — and the punishment of its own members when concerned in it, — Parliament has shown no want of earnestness : but in the repression of the olTence itself, and the punishment of corrupt electors, its measures were less felicitous. The disclosures of commissions were, too often, barren of results. At Canterbury one hundred and fifty-five electors had been bribed at one election, and seventy-nine at another : at Maldon, seventy-six electors had received bribes: at Barnstaple, two hundred and fifty-five : at Cambridge, one hundred and eleven ; ' Lord Denman's Act; 14 & 15 Vict. c. 99. ' 0 & 6 Vict. c. 102. ' 15 & 16 Vict. c. 57. Bribery sitice the Re/onn Act. 437 and atKingston-upon-HuU no less than eight hundred and forty-seven. At the latter place, 26,606Z. had been spent in three elections. In 1854, bills were brought in for the prevention of bribery in those places, and the disfranchisement of the electors who had been proved to be corrupt.' But under the act which authorised these inquiries, voters giving eWdence were entitled to claim an indemnity; and it was now successfully contended that they were protected from disfranchisement, as one of the penalties of their oflFence. These bills were accordingly with- drawn.* Again in 1858, a commission ha\ang re- ported that one hundred and eighty-three freemen of Galway had received bribes, a bill was introduced for the disfranchisement of the freemen of that borough ; but for the same reasons, it also mis- carried.' In 1860, there were strange disclosures affecting the ancient city of Gloucester. This place Gloucester . election, had been long familiar with corruption, isis. In 1816, a single candidate had spent 27,500^. at an election; in 1818, another candidate had spent 1 6,000i. ; and now it appeared that at the last elec- tion in 1859, two himdred and fifty electors had been bribed, and eighty-one persons had been guilty of corrupting them.* Up to this time, the places which had been distin- guished by such malpractices, had returned wakeficid members to Parliament prior to 1832 : but 1^^"°"' in 18G0, the perplexing discovery was made, that ' Hans. Deb., 3rd Ser., cxxxi. 1018. • Pnd., cxxxiii. 1064. ' Riid., cxlix. 378, &c. ' * Rep. of CommiiibioDerB, ISOO. 438 House of Commons. bribery had also extensively prevailed in the populous and thriving borough of Wakefield, — the creation of the reform act. Eighty-six electors had been bribed ; and such was the zeal of the canvassers, that no less than ninety-eight persons had been concerned in bribing them.' The -writs for Gloucester and Wakefield were sus- pended, as a modified punishment of these corrupt l^laces : but the House of Commons was as much at fault as ever, in providing any permanent correction of the evils which had been discovered. In 1 854, a more general and comprehensive mea- corrupt sure was devised, for the prevention of Practices Act, 1854. corrupt practices at elections.^ It re- strained candidates from paying any election ex- penses, except through their authorised agents, and the election auditor ; and provided for the publica- tion of accounts of all such expenses. It was hoped that these securities would encourage, and perhaps enforce, a more legal expenditure ; but they failed TO receive much credit for advancing the cause of purity. This temporary act was continued from time to Bribery time, and in 1858 was amended. The 1S-.8. Tra- legality of travelling expenses to voters penses. liad loug been a matter of doubt, — having received discordant constructions from different com- mittees. The payment of such expenses might be a covert form of bribery ; or it might be a reasonable accommodation to voters, in the proper exercise of their franchise. This doubt had not been settled by ' Ktp. of Commissioners, 18G0. * 17 & 18 Viet. c. 102. Bribery since the Reform Act. 459 the act of 1854 ; but it had been adjudged in a com t of law,' that the payment of travelling expenses was not bribery, if paid hona fide to indemnify a voter for the expenses he had inciured in travelling to the poll, — and not as a corrupt inducement to vote. The act of 1858, following the principle of this judgment, — but adding a further security for its observance, — permitted the candidate, or his agent appointed in writing, to provide conveyance for voters to the poll ; but prohibited the payment of any money to voters themselves, for that purpose.' But it was objected at the time, — and the same objection has since been repeated, — that the legalis- ing of travelling expenses, even in this guarded manner, tends to increase the expenses of elections ; and this debatable question will probably receive further consideration from the legislature. It was the policy of these acts to define clearly the expenses which a candidate may law- p^j^^y fully incur, and to ensure publicity to his con^^^Itog accounts. So far their provisions afforded i security to the candidate who was resolved to resist the payment of illegal expenses ; and an embarrassment, at least, to those who were prepared to violate the law. That they were not effectual in the restraint of bribery, the subsecjuent disclosures of election committees, and commissions sufficiently attest. Though large constituencies, in some in- stances, proved themselves accessible to corruption, bribery prevailed most extensively in the smaller ' Cooper V. Slade ; 6 E. and 15., 447 : Ropt-rs on Elections, 334. » 21 & 22 Vict. c. 87 ; further amended iu 1863. 440 House of Commons. boroughs. Hence it appeared that some remedy might be sought iu the enlargement of electoral bodies, and the extension of the area of voting. To repress so grave an evil, more effectual measures were again devised : ' but they may still be ex- pected to fail, until bribery shall be unmistakably condemned by public opinion. The law had treated duelling as murder, yet the penalty of death was imable to repress it; but when society discoun- tenanced that time-honoured custom, it was sud- denly abandoned. Voters may always be found to receive bribes, if offered : but candidates belong to a class whom the influence of society may restrain from committing an offence, condemned alike by the law, and by public opinion. Other questions affecting the constitution of Par- liament, and the exercise of the elective franchise, have been discussed at various times, as well before as since the reform act, of 1832, and here demand a passing notice. To shorten the duration of Parliaments, has been Duration ouc of the chaugcs most frequently urged. Prior to 1694, a Parliament once elected, unless dissolved by the crown, continued in being until the demise of the reigning king. One of the Parliaments of Charles II. had sat for eighteen years. By the Triennial Act* every Parliament, unless sooner dissolved, came to a natural end iu The Sept- three years. On the accession of George I. Act'." this period was extended to teven years, by ' In 1867-8, after the period comprised in this history, a wide pxtension of the suffi-Mge was conceded, and anotht act was passed fur rt'iji'i'ssiim; (■iirriipt (jrai'ticos at elections. = 6 Will, and Miiry, c. 2. Duration of Parliament. 441 tlie well-known Septennial Act.' Tliis act, though supported on the ground of general expediency, was passed at a time of political danger ; — when the country had scarcely recovered from the rebellion of 1715, and the Jacobite adherents of the Pretender were still an object of apprehension to the govern- ment,* In the reign of George II. attempts were made to repeal the septennial act and early in the next reign. Alderman Sawbridge submitted motions, year after year, until his death, for shortening the dura- tion of Parliaments. In 1771 Lord Cliatham ' witn the most deliberate and solemn conviction declared himself a convert to triennial Parliaments.'* The question afterwards became associated with plans of parliamentary reform. It formed part of the scheme proposed by the 'Friends of the People' in 1792. At that period, and again in 1797, it was advocated by Mr. Grey, in connection with an improved repre- sentation, as one of the means of increasinu- the responsibility of Parliament to the people."" The advocates of a measure for shortening the duration of Parliaments, were not then agreed as to the proper limit to be substituted : whether one, three, or five ycars.^ But annual Parliaments have generally been embraced in schemes of radical reform. In times more recent, the repeal of the Septennial ' 1 Gpo. I. c. 38. ' Piu-l. IIi»t., vii. 311; Boyers Politiciil State of Great Britain, xi. 428: PrcaniMc of Act. » In 17.'M and 17li. « Purl. Hist., xvii. 223. " Ibid., xxxiii. G50. • liockinghuni Mem., ii. 396. 442 House of Commons. Act — as a distinct question of public policy — lias often been faii-ly and temperately discussed in Parliament. In 1817, Mr. Brougbam gave notice of a motion on tbe subject ; but did not bring it forward. In 1818, Sir Eobert Heron moved for leave to bring in a bill, and was supported by Sir Samuel Eomilly aud ]Mr. Brougbam ; but tbe pro- posal met witb little favour or attention.* The subject was not revived until after tbe passing of the reform act. It was then argued with much ability by Mr. Tennyson, in 1833, 1834, and 1837 ; and on each occasion met with the support of con- siderable minorities.'^ On the last occasion, the motion was defeated by a majority of nine only.' It did not, however, receive the support of any of the leading statesmen, who had recently carried parlia- mentary reform. That measiure had greatly in- creased the responsibility of the House of Commons to the people ; and its authors were satisfied that no further change was then required in the constitution of Parliament. In 1843, ]\Ir. Shannan Crawfurd I'evived the question ; but met with scant encourage- ment.'' Lastly, in 1849, Mr. Tennyson D'Eyncourt obtained leave to bring in a bill, by a majority of five.'' But notwitlistauding this unexpected success, the question, if discussed elsewhere as a matter of theoretical speculation, has since ceased to occupy the attention of Parliament. ' Hans. Deb., 1st Ser., xx.xviii. 802. 2 Ihid., 3rd Ser., six. 1107; HM., xxiii. 1036; Ibid., xxxviii. 680. » Aves, 87 ; Nops, 96. * Hims. Deb., 3rd Sir., Ixix. 490. • Ayos, 46 ; Noes, 41. Ihid., cv. 848. Duration of Parliament. 443 The repeal of the septennial act has been re- peatedly advocated on the ground that the ArgTiments Parliament of George I. had abused its the Sept. trust, in prolonging its own existence ; and Act. tliat, even admitting the overruling necessity of the occasion, — the measure should at least have been temporary. To this it has been answered, that if any wrong was done, it was committed against the people of that day, to wliom no reparation can now be made. But to contend that there was any breach of trust, is to limit the authority of Parliament, within bounds not recognised by the constitution. Parliament has not a limited authority, — expressly delegated to it : but has absolute power to make or repeal any law ; and every one of its acts is again open to revision. Without a prior dissolution of Parliament, the Unions of Scotland and Ireland were effected, at an interval of nearly a century, — mea- sures involving the extinction of the Parliaments of those countries, and a fundamental change in that of England, much greater than the septennial act had made. That act could liave been repealed at any time, if Parliament hud deemed it advisable ; and no other ground than that of expediency, can now be reasonably urged, for shortening the duration of Parliaments. The main ground, however, on which this change has been rested, is the propriety of rendering the representatives of the people more frequently ac- countable to their constituents. The shorter the period for which authority is entrusted to them, — • the more guarded woiikl they be in its exercise, and 444 Hotise of Commons. the more amenable to public opinion. It is said that a Parliament cannot be trusted, if independent of the people, and exposed to the influence of ministers, £)r seven years. And again, the circum- stances of the country are likely to be changed during so prolonged a period ; and the conduct of members, approved at first, may afterwards be condemned. On the other side it has been argued, that in practice no Parliament is permitted to con- tinue longer than six years ; and that fre- quent dissolutions have reduced Parliaments, at several periods, to an average duration of three, or four years.' If Parliaments were elected for three years only, they would often be reduced by various contingencies, to annual Parliaments. They are already elected often enough to make them respon- sible to their constituents ; and more frequent elec- tions would unduly foment political excitement, and increase the expenses of elections, which are already a just ground of complaint. Of late years, the popularity of this question has declined, — not so much on accoimt of any theoreti- cal preference for septennial Parliaments, as from a conviction that the House of Commons has become accountable to the people, and prompt in responding to their reasonable desires. ' Sir Sanioel P - "- sM'^'d in 1818, that ont of eleren Parlia m^nf s of Geo. IT I Listed six years. Hans. Deb., Ist Srr.. 802. B- ■ .Is present a diffif rent result. Fromthu accession of Will IV., in 1830. to 186") — a p*>riod of thirty yoars— therf were no less than ten Parliaments, showing an arerage dura- tion of three jears only. Vote by Ballot 445 The ' 'ballot ' Tvas another question repeatedly de- bated in Parliament, and a popular topic vote at the hustings, at public meetings, and in the newspaper press. No sooner bad the reform act passed, than complaints were made that the elective franchise, so recently enlarged, could not be freely exercised. It was said that the landlords in counties, and wealthy customers in towns, coerced the free will of the electors, and forced them to vote against their opinions and consciences. As a protection against such practices, the necessity of secret voting was contended for. To give the franchise, without the means of exercising it, was declared to be a mockery. It was not for the first time that the influence now complained of, had been exerted over electors. It had formerly been recognised as one of the natural rights of property. It was known that a few land- owners could nominate the county members. They conducted the freeholders to the poll, as naturally as a Highland chieftain led forth his clan to the foray. But now a new electoral policy had been commenced. The people at large had been enfranchised ; and new classes of electors called into existence. The political ties which had bound the electors to the landlords were loosened ; and the latter, being deprived of their absolute ascendency, endeavoiured to sustain it by other means. The leaseholders enfranchised by the reform act, being the most dependent, were the very class peculiarly needing protection. The ballot had been called by Cicero the silent asscrtor of free- dom, — tabella, vindex tcCcita lihertatia ; and it was now proposed, in order to ensure freedom of election. 446 House of Commons. The ballot has been sought mainly for the pro- tection of voters from intimidation and undue in- fluence ; but it has also been recommended as a safeguard against bribery. It has been resisted by arguments too various to be briefly reviewed. The strongest, perhaps, is that every political function being publicly and responsibly exercised, and every debate and vote in Parliament published for the in- formation of the people, — electors can scarcely claim an exemption from that law of publicity, to which their rulers and representatives are subject. Why are they alone, to be irresponsible? Apart from theory, its practical efficacy has also been denied. It has been said that if intimidation were intended, means would be taken to discover the votes of elec- tors, in spite of all the machinery of the ballot. Nor would bribery be prevented, as a candidate would secure fulfilment of corrupt promises, by making his pajrment for votes contingent upon his success at the poll. The advocates of the ballot, perhaps, exaggerated the advantages of their favoured scheme, while its opponents magnified its evils and its dangers. It was a measure upon which sincere reformers were honestly divided. At times, it made progress in the number and influence of its supporters. Yet such were its vicissitudes, that it was long difficult for a political obsers'er to divine, whether it would be suddenly adopted, — in the crisis of some party struggle, — or be laid aside as a theory for the dis- putation of pamphleteers, and debating societies. In 1833, Mr. Grote took possession of the ques- Vote by Ballot. 447 tion of tlie ballot and from that time until 1839, he continued to advocate the cause, in a series of temperate and philosophical speeches, — as creditable to his political wisdom, as to his learning and abi- lity. He argued in the calm and earnest spirit of the theoretical statesman ; not with the fierce temper of the democrat. His honest' labours greatly advanced the popularity of the cause, and improved its par- liamentary position. In 1833, he formd but one hxmdred and six supporters in 1839, he had two hundred and sixteen.-^ Mr. Grote having retired from Parliament, the question was not allowed to be forgotten. In 1842, ^Mr. Ward adopted it and from 1848, ^Mr. Henry Berkeley made it his own.' With ample stores of fact and anecdote, and with varied resources of humour, he continued to ru-se on the question, year after year ; but with failing support. In 1848, his motion was carried by a majority of five.* In 1849, it was defeated by a majority of fifty-one : in 1852, by a majority of one hundred and two; and in 1860, by a majority of one hun- dred and seven. Such reaction of opinion, upon a popular measure, appeared to be more significant of ultimate failure, than a steady position, without progress indeed, yet without reverses. The revival ' The R.idicals first aflvocated vote by ballot, about 1817, as part of th>-ir sclierno of reform ; Edinh. Jlev., June 1818, p. 199. - HaDS. Deb., 3rd Ser., xvii. 608— Ayes, 106 ; Noes, 211 ; Ibitl., xxv'ni. 369; Ibid., xxxiv. 781; Ibid., xixvii. 7; Ibid. (1838), xL 113. ' P-iJ.. xlviii. 442— Ayes, 216; Noes, 333. « J''id., Ixir. 348. » Ibid., c 1225. • A>es, 86 ; Noes, 81. 44^ House of Comnw7is. of the question, under more favourable auspices, was reserved for a later period, and new political con- ditions.' Since tlie reform act, the qualification laws, — which Qnaiification diflfereut forms had existed for one hun- dred and fifty years, — have passed away. It was ostensibly to correct the e%'ils of bribery at elec- tions, that property in land was first proposed as a qualification for a member of Parliament. The corruption of boroughs being mainly due to the intrusion of rich commercial men, without local connection, the natural jealousy of the landowners suggested this restraint upon their rivals. In 1696, the first measure to establish a qualification in land, was received with so much favotir, that it passed both Houses ; but the king, leaning rather to the commercial interests, withheld his assent. In the following year, a similar bill was passed by the Commons, but rejected by the Lords, who had now begun to think that a small landed qualification would increase the influence of the squires, but diminish the authority of the great nobles, who filled the smaller boroughs with members of their own families, and dependents. The policy of excluding all but the proprietors of land, from the right of sitting in the House of Com- mons, was at length adopted in the reign of Queen Anne,' and was maintained until 1838. In that year this exclusive principle was surrendered ; and a new qualification substituted, of the same amount, • See also Supplementary Chapter. » 9 Anne, c. 5; 33 G©.-> "ll. c 15. Qualification Acts. 449 either in real or personal property, or in both com- bined.' In 1858, the law of property qualification was abandoned altogether.^ In its original form, it had been invidious and unj iist ; and, from its begin- ning to its end, it had been systematically evaded. It would probably not have sm-vived so long the jealousies from which it had spnmg, had it not been invested with undue importance, by radical reformers. But when the repeal of this insignificant law was proclaimed as one of the five points of the ' Charter, it is not surprising that more moderate politicians should have regarded it as one of the safeguards of the constitution. After the passing of the reform act, of 1832, various minor amendments were made in YvxeeA- tlie electoral laws. The registration of ei'Sfons electors was improved and simjilitied,^ unproved, the number of polKng-places was increased,^ and the polling reduced, in counties as well as in boroughs, to a single day.^ Even the Universities, which had retained their fifteen days of polling, were glad to accept five days, in 1853. Promptitude in election proceedings was further ensured by the change of some ancient customs. The prescriptive period of forty days between the summons of a new Parliament and its meetin", — - enlarged by custom to fifty days since the imiou with Scotland, — having become an anomaly in an age of railways and telegraphs, was reduced to thirty-five.' ' 1 & 2 Vict. c. 48. * 21 & 22 Vict. c. 26. ' G & 7 Vi, t. e. 15. « 6 & 7 WiU. IV. c. 102. ' 5 & 6 Will. IV. c. 36 ; 16 & 17 Vict. c. 15. * I!y Lord Brougham s KsA, 1802 ; 15 Vict. c. 23. VOL. I. O G 450 House of Commons. Another ancient custom also gave way to a more simple procedure ; the writs for an election are addressed direct to the several retiu'ning officers, instead of passing through the sheriff of the county.' A more general revision of the representative Later mea- systcm, as Settled by the reform acts of sures of reform. 1832, was also the aim of several adminis- trations, and Parliaments. For some years, there had been a natural reluctance to disturb the settle- ment which those important measures had recently effected. The old "Whig party had regarded it as a constitutional charter, and contended for its ' finality.' But their advanced Liberal supporters, — after many discussions in Parliament, and much agitation and ' pressure from without,' — at length prevailed over the more cautious policy of their leaders ; and a promise was given, in 1851, that the consideration of the representative system should, at a fitting opportunity, be resumed.^ In fulfilment of this promise, Lord John Russell, Reform — twenty years after the settlement of 1852. 1832, — proposed its further revision. That measure had not proposed to redistribute the fran- chise, in precise correspondence with the population of different parts of the country. Not founded upon theoretical views of equal representation, it had not assumed to frame a new constitution ; but had pro- vided a remedy for the worst evils of a faulty and corrupt electoral system. It had I'escucd the repre- ' 16 & 17 Vict. c. 78. ' Speech of Lord John Russell, 20th Feb. 1851 ; Hane. Dob, Zt*\ Stir., cxiv. 863. See also Speech 20th June, 1848 : Ibid., xcii. Later Measm-cs of Reform. 45 r sentation from a small oligarchy of peers and land- owners ; and had rested it in the hands of the middle classes. But it had spared many boroughs, which were perhaps too small to exercise their suffi:age inde- pendently : it had overlooked the claims of some con- siderable places ; and had not embraced the working classes within its scheme of enfranchisement. Lord John Russell now sought to correct these partial defects, which time had disclosed in the original measure. He proposed that every existing borough, having less than five hundred electors, should be associated with adjacent places, in the right of returning members ; and that Birkenhead and Biunley should be enfranchised. In twenty years there had been a vast increase of population, wealth, and industry, throughout the country. The spread of education and political enlightenment had been rapid : a more instructed generation had grown up ; and a marked improvement had arisen, in the social condition of the working classes. It was, therefore, thought right and safe to lower the franchise so far as to embrace classes not hitherto included, and particularly the most skilled artisans, — men who had given proof of their intelligence and good conduct, by large earn- ings, and a high position among their fellow work- men. With this view, it was proposed to extend the boioiigh franchise to the occupiers of houses of 5l- rated value ; and the county franchise to teuants-at- will rated at 20/., and copyho'ders and leaseholders rated at 5/. It was abo intended to create a new franchise, arising out of the annual payment of 408. o G 2 452 House of Co7nmons. in direct taxes to the state. Lord John EusselFs administration soon afterwards resigned ; and this measure was withdrawn before the second reading.' In 1854, Lord John Russell, as a member of Lord Reform Aberdeen's government, proposed another BiU of * ,.11 1854. measure, more comprehensive than tb*^ last. It comprised the disfranchisement of nine- teen small boroughs, returning twenty-nine members ; the deprivation of thirty-three other boroughs of one of their members ; and the redistribution of the vacant seats, sixty-six in number,'^ amongst the counties and larger boroughs, the Inns of Coiut, and the University of London. It proposed to reduce the franchise in counties to lOL ; and in boroughs to the municipal rating franchise of Ql. Several new franchises were also to be added, in order to modify the hard uniformity of the household franchise. A salary of 100?. a year : an income of lOL from divi- dends : the payment of 40s. in dii ect taxes : a degree at any of the universities ; and 50?. in a savings bank, were accounted sufficient securities for the proper exercise of the su£fi"age. In the distribution of seats, a novel principle was to be established, with a view to ensure the representation of minorities. Some counties and other large places were to return three members each ; but no elector would be entitled to vote for more than two candidates out of three. This theory of representation, — though very ably advocated by some speculative writers,^ — found little ' Hans. Deb., 3rd Ser., cxix, 2.)2, 971 : Bill, No. 48, of 1832. " Including; the vacant seats of Sudbury and St. Albans. ' Minorities and Majorities ; their relalivo Eigiits, by James Gar^h Later Measures of Reform. 460 favour in Parliament, at that time, with men accus- tomed to determine every disputed question among themselves, by the votes of the majority. The con- sideration of this measure was postponed, by the outbreak of the war with Eussia.' The next measure of parliamentary reform was proposed in 1859, by the government of the ,j^g jj^jona Earl of Derby. That statesman, — having ^''^"'^ i*-^^- been one of the most eloquent, spirited, and cou- rageous of Earl Grey's colleagues in 1832, — was now the leader of the great Conservative party, which had opposed the first reform act. But his party, deferring to the judgment of Parliament, had since honoiurably acquiesced in that settlement. Mean- while, the revision of that measure had been thrice recommended from the throne ; and three successive administrations had been pledged to undertake the task. Some scheme of reform had thus become a political necessity. The measure agreed upon by ministers, and the principles upon which it was founded, were ably explained by i\[r. Disraeli. It was not sought to reconstruct the representation of the country, solely on the basis of population and property : but having reference to those material elements, as well as to the representation of various interests, and classes of the community, — this mea- sure comprehended some considerable changes. It was not proposed wholly to disfranchise any bo- rough : but one member was to be taken from fifteen Marshall, 1853; Rlinb. Rer., July 1851, Art. vii. ; aud more liittljr liiire on the Klpclion of Kcprcsonlatives, 18-')9. ' Hans. Deb., 3rJ Sur., cxxx. 491 ; Ibid., cxxxi. 277. 454 Hotise of Commojis. boroughs, having a population under six thousand. Eight of the vacant seats were assigned to the great county populations of Yorkshire, South Lancashire, and Middlesex ; and seven to new boroughs, which according to this scheme, would complete the repre- sentation of the several interests of the country. The two prexious measures of Lord John Eussell had contemplated a reduction of the borough fran- chise. Xo such reduccion was now proposed : but the franchise in covmties was assimilated to that in boroughs. Hitherto the borough franchise had been foimded upon occupation ; and the coimty franchise generally upon property. This distinction it was now proposed to abolish ; and to substitute an identity of franchise between the county and the town. The 40s. freeholders resident in towns, would be trans- ferred from the constituency of the county, to that of the town. Several new franchises were also to be created, similar to those proposed in 1854, but more comprehensive. Men possessed of lOL a year arising from dividends : 60Z. in a savings bank ; or a pension of 20Z. a year, — equal to 8s. a week: graduates of all universities : ministers of religion of every denomination : members of the legal pro- fession in all its branches : registei-ed medical prac- titioners : and schoolmasters holding a certificate from the Privy Council, were to be: entitled to vote, wherever they were resident. And facilities for exercising the franchise were to be afforded by means of voting papers.' ' Hans. Deb., 3rd Ser., clii. 966. Later Measures of Reform, 455 This scheme encountered objections from two dif- ferent quarters. Two influential members oyections of the government, — ^Nlr. Walpole and ^Ir. ^^^^ Henley, — alarmed by the proposed identity ™'^>"^- of franchise, in counties and boroughs, resigned their seats in the cabinet.' The opposition, partly taking up the same ground, were unwilling to de- prive the 40s. freeholders resident in boroughs, of their county votes ; and insisted upon the lowering of the borough suffrage. The government, weakened by these resignations, had now to meet a formidable amendment, moved by Lord John Eussell on the second reading of the bill, which expressed the views of the opposition. The identity of franchise was objected to by Mr. AValpole and Mr, Henley, on account of the supposed danger of drawing one broad line between the represented, and the unrepresented classes. Lord John Russell concurred in this objec- tion, believing that such a principle would eventually lead to electoral districts. He also opposed the bill on two other grounds : first, that the 40s. freeholders, being the most liberal element in the county con- stituencies, ought not to be disfranchised ; and secondly, that their admission to the borough fran- chise would encourage the manufacture of faggot votes, — like the old burgage-tenure, which had been the means of extending the influence of patrons. He objected to the continuance of the 10^. house- hold suflfrage in boroughs, on the ground tliat con- siderable classes of people, worthy to be entrusted with votes, had sprung up since that franchise had ' Ilans. Deb., 3rd Ser., dii. 1058. House of Commons. been established. After seven nights' debate, the amendment was carried by a majority of thirty-nine.' Upon the issue raised by this decision, the govern- ment determined to dissolve Parliament, and appeal to the people.'^ On the assembling of a new Parlia- ment, ministers having failed to secure a majority at the elections, were at once driven from office by an amendment to the address, declaring that they had not the confidence of the House of Commons.^ And now the question of reform was resumed, once jieforni more, by Lord John Russell, on behalf of Biuof]86o. Lord Palmerston's administration. On the 1st March 1860, he introduced a bill, in accordance with the spirit of the amendment by which he had destroyed the measure of the previous year : but differing materially from the bills of 1852 and 1854. Like the scheme of Lord Derby's government, it spared all the smaller boroughs. None were to be disfranchised : but it deprived twenty-five boroughs, with a population under seven thousand, of one of their members. This disfranchisement fell far short of that proposed in 1854 ; and it was avowed that if any more places had been condemned, their repre- sentatives, combining with the Conservative opposi- tion, would have succeeded in defeating the bill. If such was now the difficulty of contending with these personal and local interests, what must have been the difficulties of Mr. Pitt in 1784, and of Lord Grey in 1832 ? One minister vainly attempted to buy off his opponents : the other overcame them by strong ' Hans. Deb., 3rd Ser., cliii. 389-1157. ' llAd., 1301. ' IhkL, cliv. 98-297. Later Measttres of Reform. 457 popular support. The first expedient was now wholly out of the question: the latter source of strensi:h was wanting. Fifteen of the vacant seats were distributed amongst the counties ; and ten given to the larger cities, and some new boroughs. The oOt. occupation franchise in counties, was reduced to a lOL hond fide holding. The 10^. borough franchise was lowered to 6^., avowedly for the purpose of comprehending many of the working classes. It was calculated that the new franchise would add two hundred thousand electors to the cities and boroughs. Xone of the varied franchises, which had formed part of the bills of 1854 and 1859, were again proposed. Sneered at as ' fancy franchises,' and distrusted as the means of creating fictitious votes, they were now abandoned ; and the more rude, but tangible tests of good citizen- ship inflexibly maintained.' This bill was defeated, neither by adverse majori- ties, nor by changes in the government : Bin lost by delays and out by delays, and the pressme of other incuncrence. important measures. It was not until the 3rd of May, — after six adjourned debates, — that it was read a second time, without a division. Discussions were renewed on going into committee ; and at length, on the 11th June, the bill was withdra\vn.' Bills to amend the representation in Scotland and Ireland, which had been hopelessly awaiting discus- sion, had already been abandoned.' ' Hans. Deb.. 3nl Sir., clvi. 2050. * Pml.. clix. 22G. » lOid., clix. 1 13.' Hoicsc of Commons. Such obstacles as these, — however harassing and iii- obstacics convenient, — would have been easily over- mentary" come, if the government had been cordially refoi-m. supported by their own party in the House of Commons, and by popular acclamations. But within the walls of the House, parliamentary reform was received with coldness, — if not with ill-disguised repugnance, — even by its professed supporters ; and throughout the country, there prevailed the most profound indifference. The cause which had once aroused enthusiasm, now languished from general neglect. The press was silent or discom-aging : petitions were not forthcoming : public meetings were not assembled : the people were unmoved. Whence this indifference ? Why so marked a change of popular feeling, in less than thirty years ? It was generally believed that the settlement of 1832 had secured the great object of representation, — good government. Wise and beneficent measures had been passed: enlightened public opinion had been satisfied. The representation was theoretically in- complete : but Parliament had been brought into harmony with the interests and sympathies of the people. It had nearly approached Mr. Burke's standard, according to whom, 'The virtue, spirit, and essence of a House of Commons, consists in its being the express image of the feelings of a nation.'' The best results of reform had been realised : the country was prosperous and contented. It has ever been the genius of the English people to love free- dom : they are aroused by injustice: they resent a public or private wi'ong ; but tliey are rarely moved ' Burke's Works, ii. 288 (Prpsont Discontpnts). Later Measures of Reform. 459 by theoretical grievances. Living under a settled form of government, they have cared little for model constitutions ; and united in the bonds of a highly civilised society, they have never favoured demo- cracy. Again, since 1832, political power had been vested mainly in the middle classes ; and the em- ployers of labom-, being masters of the representation, were unwilling to share their power with the work- ing classes, by whom they were outnumbered. Hence the inertness of existing constituencies. They en- joyed exclusive political privileges ; and desired to maintain them. One other cause must not be omitted. While these moderate measures of reform were being pro- posed by successive governments, other schemes had been discussed elsewhere, — designed to extend largely the influence of numbers, — and conceived and advocated in the spirit of democracy. Such proposals increased the indisposition of moderate reformers, and of the classes already enfranchised, to fonvard an extension of the suffrage. At the same time, the advocates of more comprehensive schemes of reform, — while they coldly accepted measures falling far short of their own, — were not unwilling that they should be postponed to some period more promising for the adoption of their advanced princi- ples. And thus, with the tacit acquiescence of all parties, the question of parliamentary reform was again suffered to sleep for awhile.' ' Soe Supplcmeiitiiry Chiiiifcr. ILNU OF THE FIRST VOLUME. FRWTED BT SPOTTISWOODE AXD CO., SEW-STREET SQUARE LONDON