Chapter 2: IMPARTIALITY

The creation of an equality with the king, called Peerage, was, in barbarous epochs, a useful fiction. This rudimentary political expedient produced in France and England different results. In France, the peer was a mock king; in England, a real prince—less grand than in France, but more genuine: we might say less, but worse.

Peerage was born in France; the date is uncertain—under Charlemagne, says the legend; under Robert le Sage, says history, and history is not more to be relied on than legend. Favin writes: “The King of France wished to attach to himself the great of his kingdom, by the magnificent title of peers, as if they were his equals.”

Peerage soon thrust forth branches, and from France passed over to England.

The English peerage has been a great fact, and almost a mighty institution. It had for precedent the Saxon wittenagemote. The Danish thane and the Norman vavassour commingled in the baron. Baron is the same as vir, which is translated into Spanish by varon, and which signifies, par excellence, “Man.” As early as 1075, the barons made themselves felt by the king—and by what a king! By William the Conqueror. In 1086 they laid the foundation of feudality, and its basis was the “Doomsday Book.” Under John Lackland came conflict. The French peerage took the high hand with Great Britain, and demanded that the king of England should appear at their bar. Great was the indignation of the English barons. At the coronation of Philip Augustus, the King of England, as Duke of Normandy, carried the first square banner, and the Duke of Guyenne the second. Against this king, a vassal of the foreigner, the War of the Barons burst forth. The barons imposed on the weak-minded King John Magna Charta, from which sprang the House of Lords. The pope took part with the king, and excommunicated the lords. The date was 1215, and the pope was Innocent III., who wrote the “Veni, Sancte Spiritus,” and who sent to John Lackland the four cardinal virtues in the shape of four gold rings. The Lords persisted. The duel continued through many generations. Pembroke struggled. 1248 was the year of “the provisions of Oxford.” Twenty-four barons limited the king’s powers, discussed him, and called a knight from each county to take part in the widened breach. Here was the dawn of the Commons. Later on, the Lords added two citizens from each city, and two burgesses from each borough. It arose from this, that up to the time of Elizabeth the peers were judges of the validity of elections to the House of Commons. From their jurisdiction sprang the proverb that the members returned ought to be without the three P’s—sine Prece, sine Pretio, sine Poculo. This did not obviate rotten boroughs. In 1293, the Court of Peers in France had still the King of England under their jurisdiction; and Philippe le Bel cited Edward I. to appear before him. Edward I. was the king who ordered his son to boil him down after death, and to carry his bones to the wars. Under the follies of their kings the Lords felt the necessity of fortifying Parliament. They divided it into two chambers, the upper and the lower. The Lords arrogantly kept the supremacy. “If it happens that any member of the Commons should be so bold as to speak to the prejudice of the House of Lords, he is called to the bar of the House to be reprimanded, and, occasionally, to be sent to the Tower.” There is the same distinction in voting. In the House of Lords they vote one by one, beginning with the junior, called the puisne baron. Each peer answers “Content,” or “Non-content.” In the Commons they vote together, by “Aye,” or “No,” in a crowd. The Commons accuse, the peers judge. The peers, in their disdain of figures, delegated to the Commons, who were to profit by it, the superintendence of the Exchequer—thus named, according to some, after the table-cover, which was like a chess-board; and according to others, from the drawers of the old safe, where was kept, behind an iron grating, the treasure of the kings of England. The “Year-Book” dates from the end of the thirteenth century. In the War of the Roses the weight of the Lords was thrown, now on the side of John of Gaunt, Duke of Lancaster, now on the side of Edmund, Duke of York. Wat Tyler, the Lollards, Warwick the King-maker, all that anarchy from which freedom is to spring, had for foundation, avowed or secret, the English feudal system. The Lords were usefully jealous of the Crown; for to be jealous is to be watchful. They circumscribed the royal initiative, diminished the category of cases of high treason, raised up pretended Richards against Henry IV., appointed themselves arbitrators, judged the question of the three crowns between the Duke of York and Margaret of Anjou, and at need levied armies, and fought their battles of Shrewsbury, Tewkesbury, and St. Albans, sometimes winning, sometimes losing. Before this, in the thirteenth century, they had gained the battle of Lewes, and had driven from the kingdom the four brothers of the king, bastards of Queen Isabella by the Count de la Marche; all four usurers, who extorted money from Christians by means of the Jews; half princes, half sharpers—a thing common enough in more recent times, but not held in good odour in those days. Up to the fifteenth century the Norman Duke peeped out in the King of England, and the acts of Parliament were written in French. From the reign of Henry VII., by the will of the Lords, these were written in English. England, British under Uther Pendragon; Roman under Cæsar; Saxon under the Heptarchy; Danish under Harold; Norman after William; then became, thanks to the Lords, English. After that she became Anglican. To have one’s religion at home is a great power. A foreign pope drags down the national life. A Mecca is an octopus, and devours it. In 1534, London bowed out Rome. The peerage adopted the reformed religion, and the Lords accepted Luther. Here we have the answer to the excommunication of 1215. It was agreeable to Henry VIII.; but, in other respects, the Lords were a trouble to him. As a bulldog to a bear, so was the House of Lords to Henry VIII. When Wolsey robbed the nation of Whitehall, and when Henry robbed Wolsey of it, who complained? Four lords—Darcie, of Chichester; Saint John of Bletsho; and (two Norman names) Mountjoie and Mounteagle. The king usurped. The peerage encroached. There is something in hereditary power which is incorruptible. Hence the insubordination of the Lords. Even in Elizabeth’s reign the barons were restless. From this resulted the tortures at Durham. Elizabeth was as a farthingale over an executioner’s block. Elizabeth assembled Parliament as seldom as possible, and reduced the House of Lords to sixty-five members, amongst whom there was but one marquis (Winchester), and not a single duke. In France the kings felt the same jealousy and carried out the same elimination. Under Henry III. there were no more than eight dukedoms in the peerage, and it was to the great vexation of the king that the Baron de Mantes, the Baron de Courcy, the Baron de Coulommiers, the Baron de Chateauneuf-en-Thimerais, the Baron de la Fère-en-Lardenois, the Baron de Mortagne, and some others besides, maintained themselves as barons—peers of France. In England the crown saw the peerage diminish with pleasure. Under Anne, to quote but one example, the peerages become extinct since the twelfth century amounted to five hundred and sixty-five. The War of the Roses had begun the extermination of dukes, which the axe of Mary Tudor completed. This was, indeed, the decapitation of the nobility. To prune away the dukes was to cut off its head. Good policy, perhaps; but it is better to corrupt than to decapitate. James I. was of this opinion. He restored dukedoms. He made a duke of his favourite Villiers, who had made him a pig;[22] a transformation from the duke feudal to the duke courtier. This sowing was to bring forth a rank harvest: Charles II. was to make two of his mistresses duchesses—Barbara of Southampton, and Louise de la Querouel of Portsmouth. Under Anne there were to be twenty-five dukes, of whom three were to be foreigners, Cumberland, Cambridge, and Schomberg. Did this court policy, invented by James I., succeed? No. The House of Peers was irritated by the effort to shackle it by intrigue. It was irritated against James I., it was irritated against Charles I., who, we may observe, may have had something to do with the death of his father, just as Marie de Medicis may have had something to do with the death of her husband. There was a rupture between Charles I. and the peerage. The lords who, under James I., had tried at their bar extortion, in the person of Bacon, under Charles I. tried treason, in the person of Stratford. They had condemned Bacon; they condemned Stratford. One had lost his honour, the other lost his life. Charles I. was first beheaded in the person of Stratford. The Lords lent their aid to the Commons. The king convokes Parliament to Oxford; the revolution convokes it to London. Forty-four peers side with the King, twenty-two with the Republic. From this combination of the people with the Lords arose the Bill of Rights—a sketch of the French Droits de l’homme, a vague shadow flung back from the depths of futurity by the revolution of France on the revolution of England.