by Victor Hugo
And now the egg is broken, the eagle is soaring, the vulture dying.
Aristocracy is at its last gasp; England is growing up.
Still, let us be just toward the aristocracy. It entered the scale against royalty, and was its counterpoise. It was an obstacle to despotism. It was a barrier.
Let us thank and bury it.
[1] Chamberlayne, Book II, Part 2, chapter iv, page 64.
[2] Villiers called James I, "your Sowship."
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III
THE OLD HALL
NEAR WESTMINSTER ABBEY was an old Norman palace which was burned in the time of Henry VIII. Its wings were spared. In one of them Edward VI placed the House of Lords, in the other the House of Commons. Neither the two wings, nor the two chambers are now in existence. The whole has been rebuilt.
We have already said, and we must repeat, that there is no resemblance between the House of Lords of the present day and that of the past. In demolishing the ancient palace they somewhat demolished its ancient usages. The strokes of the pickaxe on the monument produce their counter-strokes on customs and charters. An old stone can not fall without dragging down with it an old law. Place in a round room a parliament, which has been hitherto held in a square room, and it will no longer be the same thing. A change in the shape of the shell changes the shape of the fish inside.
If you wish to preserve an old thing, human or divine, a code or a dogma, a nobility or a priesthood, never repair anything about it thoroughly, even its outside cover. Patch it up, nothing more. For instance, Jesuitism is a piece added to Catholicism. Treat edifices as you would treat institutions.
Shadows should dwell in ruins. Worn-out powers are uneasy in chambers freshly decorated. Ruined palaces accord best with institutions in rags.
To attempt to describe the House of Lords of nib r days would be to attempt to describe the unknown. History is night. In history there is no second tier. That which is no longer on the stage immediately fades into obscurity. The scene is shifted, and all is at once forgotten. The past has a synonym, the unknown.
The peers of England sat as a court of justice in Westminster Hall, and as the higher legislative chamber in a chamber specially reserved for the purpose, called The House of Lords.
Besides the House of Peers of England, which did not assemble as a court, unless convoked by the crown, two great English tribunals, inferior to the House of Peers, but superior to all other jurisdiction, sat in Westminster Hall. At the end of that hall they occupied adjoining compartments. The first was the Court of King's Bench, in which the king was supposed to preside; the second, the Court of Chancery, in which the Chancellor presided The one was a court of justice, the other a court of mercy It was the Chancellor who counseled the King to pardon; only rarely, though.
These two courts, which are still in existence, interpreted legislation, and reconstructed it somewhat, for the art of the judge is to carve the code into jurisprudence; a task from which equity results as it best may. Legislation was worked up and applied in the severity of the great hall of Westminster, the rafters of which were of chestnut wood, over which spiders could not spread their webs. There are enough of them in all conscience in the laws. To sit as a court, and to sit as a chamber, are two distinct things. This double function constitutes supreme power. The Long Parliament, which began in November, 1640, felt the revolutionary necessity for this two-edged sword. So it declared that, as House of Lords, it possessed judicial as well as legislative power.
This double power has been, from time immemorial, vested in the House of Peers. We have just mentioned that as judges they occupied Westminster Hall; as legislators, they had another chamber.
This other chamber, properly called the House of Lords, was oblong and narrow. All the light in it came from four windows in deep embrasures, which received their light through the roof, and a bull's-eye, composed of six panes with curtains, over the throne. At night there was no other light than twelve half candelabra, fastened to the wall. The chamber of Venice was darker still. A certain obscurity is pleasing to those owls of supreme power.
A high ceiling adorned with many-faced relieves and gilded cornices, circled over the chamber where the Lords assembled. The Commons had but a flat ceiling. There is a meaning in all monarchical buildings. At one end of the long chamber of the Lords was the door; at the other, opposite to it, the throne. A few paces from the door, the bar, a transverse barrier, and a sort of frontier, marked the spot where the people ended and the peerage began. To the right of the throne was a fireplace with emblazoned pinnacles, and two bas-reliefs of marble, representing one, the victory of Cuthwolf over the Britons, in 572; the other, the geometrical plan of the borough of Dunstable, which had four streets, parallel to the four quarters of the world. The throne was approached by three steps. It was called the royal chair. On the two walls, opposite each other, were displayed in successive pictures, on a huge piece of tapestry given to the Lords by Elizabeth, the adventures of the Armada, from the time of its leaving Spain until it was wrecked on the coasts of Great Britain. The great hulls of the ships were embroidered with threads of gold and silver, which had become blackened by time. Against this tapestry, cut at intervals by the candelabra fastened in the wall, were placed, to the right of the throne, three rows of benches for the bishops, and to the left three rows of benches for the dukes, marquises, and earls, in tiers, and separated by gangways. On the three benches of the first section sat the dukes; on those of the second, the marquises; on those of the third, the earls. The viscounts' bench was placed across, opposite the throne, and behind, between the viscounts and the bar, were two benches for the barons.
On the highest bench to the right of the throne sat the two archbishops of Canterbury and York; on the middle bench, three bishops, London, Durham, and Winchester, and the other bishops on the lowest bench. There is between the Archbishop of Canterbury and the other bishops this considerable difference, that he is bishop "by divine providence," while the others are only so "by divine permission." On the right of the throne was a chair for the Prince of Wales, and on the left, folding chairs for the royal dukes, and behind the latter, a raised seat for minor peers, who had not the privilege of voting. Plenty of fleurs-de-lis everywhere, and the great escutcheon of England over the four walls, above the peers, as well as above the king.
The sons of peers, and the heirs of peerages, assisted at the debates, standing behind the throne, between the dais and the wall. A large square space was left vacant between the tiers of benches placed along three sides of the chamber and the throne. In this space, which was covered with the state carpet, interwoven with the arms of (treat Britain, were four woolsacks--one in front of the throne, on which sat the Lord Chancellor, between the mace and the seal; one in front of the bishops, on which sat the judges, counselors of state, who had the right to vote, but not to speak; one in front of the dukes, marquises, and earls, on which sat the Secretaries of State; and one in front of the viscounts and barons, on which sat the Clerk of the Crown and the Clerk of the Parliament, and on which the two under-clerks wrote, kneeling.
In the middle of the space was a large covered table, heaped with bundles of papers, registers, and summonses, with magnificent inkstands of chased silver, and with high candlesticks at the four corners.
The peers took their seats in chronological order, each according to the date of the creation of his peerage. They ranked according to their titles, and within their grade of nobility according to seniority. At the bar stood the Usher of the Black Rod, his wand in his hand. Inside the door was the Deputy-Usher; and outside, the Crier of the Black Rod, whose duty it was to open the sittings of the Courts of Justice, with the cry, "Oyez!" in French, uttered thrice, with a solemn accent upon the first syllable. Near the Crier stood the Serjeant Mace-Bearer of the Chancellor.
In royal ceremonies the temporal peers wore coronets on their heads, and the spiritual peers, mitres. The arch bishops wore mitres, with a ducal coronet; and the bishops, w
ho rank after viscounts, mitres, with a baron's cap.
It is to be remarked, as a coincidence, at once strange and instructive, that this square formed by the throne, the bishops, and the barons, with kneeling magistrates within it, was in form similar to the ancient Parliament in France under the two first dynasties. The aspect of authority was the same in France as in England. Hincmar, in his treatise, De Ordinatione Sacri Palatii, described in 853 the sittings of the House of Lords at Westminster in the eighteenth century. Strange, indeed! a description given nine hundred years before the existence of the thing described.
But what is history? An echo of the past in the future; a reflex from the future on the past.
The assembly of Parliament was obligatory only once in every seven years.
The Lords deliberated in secret, with closed doors. The debates of the Commons were public. Publicity entails diminution of dignity.
The number of the Lords was unlimited. To create lords was the menace of royalty; a means of government.
At the beginning of the eighteenth century the House of Lords already contained a very large number of members. It has increased still further since that period. To dilute the aristocracy is politic. Elizabeth most probably erred in condensing the peerage into sixty-five lords. The less numerous, the more intense is a peerage. In assemblies, the more numerous the members, the fewer the heads. James II understood this when he increased the Upper House to a hundred and eighty-eight lords; a hundred and eighty-six if we subtract from the peerages the two duchies of royal favourites, Portsmouth and Cleveland. Under Anne the total number of the lords, including bishops, was two hundred and seven.
Not counting the Duke of Cumberland, husband of the queen, there were twenty-five dukes, of whom the premier, Norfolk, did not take his seat, being a Catholic; and of whom the junior, Cambridge, the Elector of Hanover, did, although a foreigner. Winchester, termed first and sole marquis of England--as Astorga was termed sole marquis of Spain, was absent, being a Jacobite; so that there were only five marquises, of whom the premier was Lindsay, and the Junior Lothian; seventy-nine earls, of whom Derby was premier, and Islay junior; nine viscounts, of whom Hereford was premiers and Lonsdale junior; and sixty-two barons, of whom Abergavenny was premier, and Hervey junior. Lord Hervey, the junior baron, was what was called the "Puisné of the House." Derby, of whom Oxford, Shrewsbury, and Kent took precedence, and who was therefore but the fourth under James II, became (under Anne) premier earl. Two chancellors' names had disappeared from the list of barons--Verulam, under which designation history finds us Bacon; and Wem, under which it finds us Jeffreys. Bacon and Jeffreys! both names overshadowed, though by different crimes. In 1705, the twenty-six bishops were reduced to twenty-five, the See of Chester being vacant. Among the bishops some were peers of high rank, such as William Talbot, Bishop of Oxford, who was head of the Protestant branch of that family. Others were eminent doctors, like John Sharp, Archbishop of York, formerly Dean of Norwich; the poet, Thomas Spratt, Bishop of Rochester, an apoplectic old man; and that Bishop of Lincoln, who was to die Archbishop of Canterbury, Wake, the adversary of Bossuet.
On important occasions, and when a message from the Crown to the House was expected, the whole of this august assembly--in robes, in wigs, in mitres, or plumes--formed out, and displayed their rows of heads, in tiers, along the walls of the House, where the storm was vaguely to be seen exterminating the Armada--almost as much as to say, "The storm is at the orders of England."
* * *
IV
THE OLD CHAMBER
THE WHOLE CEREMONY of the investiture of Gwynplaine, from his entry under the King's Gate to his taking the test under the nave window, was enacted in a sort of twilight.
Lord William Cowper had not permitted that he, as Lord Chancellor of England, should receive too many details of circumstances connected with the disfigurement of the young Lord Fermain Clancharlie, considering it below his dignity to know that a peer was not handsome; and feeling that his dignity would suffer if an inferior should venture to intrude on him information of such a nature. We know that a common fellow will take pleasure in saying: "that prince is humpbacked"; therefore, it is abusive to say that a lord is deformed. To the fen words dropped on the subject by the queen the Lord Chancellor had contented himself with replying.
"The face of a peer is in his peerage!"
Ultimately, however, the affidavits he had read and certified enlightened him. Hence the precautions which he took. The face of the new lord, on his entrance into the house, might cause some sensation. This it was necessary to prevent; and the Lord Chancellor took his measures for the purpose. It is a fixed idea, and a rule of conduct in grave personages, to allow as little disturbance as possible. Dislike of incident is a part of their gravity. He felt the necessity of so ordering matters that the admission of Gwynplaine should take place without any hitch, and like that of any other successor to the peerage.
It was for this reason that the Lord Chancellor directed that the reception of Lord Fermain Clancharlie should take place at the evening sitting. The Chancellor being the doorkeeper--"Quodammodo ostiarus," says the Norman charter; "Januarum cancellorumque potestas," says Tertullian--he can officiate outside the room on the threshold; and Lord William Cowper had used his right by carrying out under the nave the formalities of the investiture of Lord Fermain Clancharlie. Moreover, he had brought forward the hour for the ceremonies; so that the new peer actually made his entrance into the house before the house had assembled.
For the investiture of a peer on the threshold, and not in the chamber itself, there were precedents. The first hereditary baron, John de Beauchamp, of Holt Castle, created by patent by Richard II, in 1387, Baron Kidderminster, was thus installed. In renewing this precedent the Lord Chancellor was creating for himself a future cause for embarrassment, of which he felt the inconvenience less than two years afterward on the entrance of Viscount Newhaven into the House of Lords.
Short-sighted as we have already stated him to be, Lord William Cowper scarcely perceived the deformity of Gwynplaine; while the two sponsors, being old and nearly blind, did not perceive it at all.
The Lord Chancellor had chosen them for that very reason.
More than this, the Lord Chancellor, having only seen the presence and stature of Gwynplaine, thought him a fine-looking man. When the doorkeeper opened the folding-doors to Gwynplaine there were but few peers in the house; and these few were nearly all old men. In assemblies the old members are the most punctual, just as toward women they are the most assiduous.
On the duke's benches there were but two, one white-headed, the other gray: Thomas Osborne, Duke of Leeds and Schomberg, son of that Schomberg, German by birth, French by his marshal's baton, and English by his peerage, who was banished by the Edict of Nantes, and who, having fought against England as a Frenchman, fought against France as an Englishman. On the benches of the lords spiritual there sat only the Archbishop of Canterbury Primate of England, above; and below, Dr. Simon Patrick, Bishop of Ely, in conversation with Evelyn Pierrepoint, Marquis of Dorchester, who was explaining to him the difference between a gabion considered singly and when used in the parapet of a field work, and between palisades and Raises; the former being a row of posts driven into the ground in front of the tents, for the purpose of protecting the camp; the latter sharp-pointed stakes set up under the wall of a fortress, to prevent the escalade of the besiegers and the desertion of the besieged; and the marquis was explaining further the method of placing Raises in the ditches of redoubts, half of each stake being buried and half exposed. Thomas Thynne, Viscount Weymouth, having approached the light of a chandelier, was examining a plan of his architect's for laying out his gardens at Longleat, in Wiltshire, in the Italian style--as lawn, broken up into plots, with squares of turf alternating with squares of red and yellow sand, of river shells, and of fine coal dust. On the viscounts' benches was a group of old peers, Essex, Ossulstone, Peregrine, Osborne, William Zulestein, Earl of Rochford, and
among them, a few more youthful ones, of the faction which did not wear wigs, gathered round Prince Devereux, Viscount Hereford, and discussing the question whether an infusion of apalaca holly was tea. "Very nearly," said Osborne.--"Quite," said Essex. This discussion was attentively listened to by Paulet St. John, a cousin of Bolingbroke, of whom Voltaire was, later on, in some degree the pupil; for Voltaire's education, commenced by Père Porée, was finished by Bolingbroke. On the marquises' benches, Thomas de Grey, Marquis of Kent, Lord Chamberlain to the queen, was informing Robert Bertie, Marquis of Lindsay, Lord Chamberlain of England, that the first prize in the great English lottery of 1694 had been won by two French refugees, Monsieur le Coq, formerly councillor in the Parliament of Paris, and Monsieur Ravenel, a gentleman of Brittany. The Earl of Wemyss was reading a book, entitled Pratique Curieuse des Oracles des Sybilles. John Campbell, Earl of Greenwich, famous for his long chin, his gayety, and his eighty-seven years, was writing to his mistress. Lord Chandos was trimming his nails.
The sitting which was about to take place, being a royal one, where the crown was to be represented by commissioners, two assistant doorkeepers were placing in front of the throne a bench covered with purple velvet. On the second woolsack sat the Master of the Rolls, sacrorum scriniorum magister, who had then for his residence the house formerly belonging to the converted Jews. Two under-clerks were kneeling, and turning over the leaves of the registers which lay on the fourth woolsack. In the meantime the Lord Chancellor took his place on the first woolsack. The members of the chamber took theirs, some sitting, others standing; when the Archbishop of Canterbury rose and read the prayer, and the sitting of the House began.
