Читать книгу The Mother of Parliaments - Graham Harry - Страница 12

THE HOUSE OF OF COMMONS IN 1742 FROM AN ENGRAVING BY JOHN PINE

By the end of the eighteenth century the improper franking of letters threatened to become a public scandal. Covers were transmitted by the hundred, packed in boxes, the only limit to their distribution being the good nature of members. A London banker once received thirty-three covers containing garden seeds from a Scottish member, and it became apparent to the postal authorities that some effort must be made to put a stop to the practice.[69] This was eventually done in 1840, not without a struggle, and the modern member of Parliament who writes letters to his friends must do so at his own expense. He is still, however, allowed to send a certain number of printed copies of bills to his constituents, free of charge, by writing his name in a corner of the packet.

To-day the privileges of membership are certainly not of a material kind. A few men enter the House of Commons for social purposes, and must be sadly disappointed in the result. The simple letters, "M.P." on a card are indeed no longer, as the author of that entertaining work, "Men and Manners in Parliament," declared them to be thirty years ago, "the surest passport to distinction for mediocrity travelling on the continent."[70] Bitter experience has shattered the simple faith in human nature which was once the chief charm of the Swiss innkeeper. The sight of a British member of Parliament signing a cheque no longer inspires him with confidence. He is only too well aware that among those—

"Types of the elements whose glorious strife Form'd this free England, and still guard her life,"

there exist a few who are not above leaving their hotel bills permanently unpaid; and this knowledge has endowed him with a caution which is both galling to the sensitive soul of the average M.P. and extremely inconvenient to the tourist who has momentarily mislaid his letter of credit.

If the member cannot now enjoy the unmixed respect of the foreigner, it is equally certain that at home he is no longer looked upon with the veneration with which his predecessors were commonly regarded. His constituents treat him as their servant no less than as their representative. And though he may find some comfort in that definition of a member's duties for which Edmund Burke is responsible—which perhaps cost that statesman his seat at the General Election of 1780—this will prove but a slight consolation when he is suddenly called upon by his local committee to explain some change of views or to account for constant neglect of his parliamentary duties.

Parliament is not, indeed, as Burke told the electors of Bristol, a congress of ambassadors from different and hostile interests, which interests each must maintain, as an agent and advocate, against other agents and advocates. It is a deliberate assembly of one nation, with one interest, that of the whole; where not local purposes, not local prejudices, ought to guide, but the general good, resulting from the general reason of the whole. "You choose a member indeed," he said; "but when you have chosen him, he is not a member of Bristol, but he is a member of Parliament."[71] At the same time a member cannot afford to forget that he owes much to his constituents; his existence in Parliament depends very greatly upon their good pleasure. He must be to a certain extent at their beck and call, willing to subscribe to their local charities, to open their bazaars, visit their hospitals, kick off at their football matches, take the chair at their farmers' dinners or smoking-concerts. He must have a welcome hand ever extended in the direction of the squire, a smile for the licensed victualler, a kindly nod of the head for the meanest elector, and (at election times) a kiss for the humblest voter's stickiest child. When constituents call upon him at the House he must greet them with a display of effusiveness which gives no hint of his annoyance at being interrupted in the middle of important business. They may want to be shown round the House, and such a natural desire on their part must be acquiesced in, though it is not every one who has the courage to escort a band of six hundred constituents round the Chamber, as did a member in 1883. Every morning the postman will bring him—besides that voluminous bundle of parliamentary papers and bluebooks, with the contents of which he is mythically supposed to make himself acquainted—a score of applications of various kinds from his constituents, all of which must be attended to. The day is long past when he can emulate the cavalier methods of Fox who, as Secretary of State for Foreign Affairs, affixed a notice to the door of his office: "No letters received here on Mondays, Tuesdays, Wednesdays, Thursdays, Fridays or Saturdays! and none answered on any day!"[72]

The modern member's duties are by no means confined to the House of Commons, nor are they limited to the duration of the session. Formerly it would never have occurred to a member to make a speech in his constituency, once he was elected; though as a candidate he would of course address the voters, and might even be compelled to attend a banquet or a provincial dance.[73] The idea of paying a visit to the electors of any constituency other than his own would, a century ago, have been considered in the worst possible taste. Nowadays, however, the point of view is changed. No sooner has he completed his share in the arduous work of the session—the long tedious hours of debate, the wearisome attendance on committees, the continual tramping through the division lobbies—and shaken the dust of Westminster from his feet, than he must hasten to the country to give some account of his stewardship, to dazzle his constituents with the oratorical platitudes which have failed to move the more fastidious audience of the House of Commons. He must even be ready to rush off to the assistance of a fellow-member in some distant shire, and purge his bosom of the same perilous stuff upon various platforms all over the country.

Sir Edward Coke declared three hundred years ago that every member of Parliament should in three respects at least resemble the elephant; "first, that he hath no gall; secondly, that he is inflexible, and cannot bow; thirdly, that he is of a most ripe and perfect memory."[74] He might well have added some of the other qualities of that admirable beast—patience, docility, the capacity for hard work, and, above all, a thick skin. Though outwardly inflexible, a modern member must be prepared to bow to the wishes of his party; and in his ripe and perfect memory there should be room for the names and faces of his constituents and their wives. He must be patient when he has failed for the hundredth time to "catch the Speaker's eye"; he must be docile when the Whip urges him to vote in favour of a motion with which he disagrees fundamentally; and if he be of a thin-skinned disposition or of a delicate constitution, the labours of the House of Commons may soon prove too much for him. If he is unambitious and anxious to lead a peaceful life, he will do well to remember the advice given by Ferguson of Pitfour, who summed up his parliamentary experiences, in 1826, as follows: "I was never present at any debate I could avoid, or absent from any division I could get at. I have heard many arguments which convinced my judgment, but never one that influenced my vote. I never voted but once according to my own opinion, and that was the worst vote I ever gave. I found that the only way to be quiet in Parliament was always to vote with the Ministry, and never to take a place."[75]

No doubt the member of Parliament enjoys many privileges which are denied to the mere layman. He is stimulated by the excitement of participating in a perpetual political conflict; he delights in the intellectual pleasure of hearing the most interesting questions of the day debated by the shrewdest men of the age; he is conscious of being in a sense a public benefactor, with a direct (if somewhat slight) influence upon the policy of his country. He is given a front seat in what Mr. Biggar once called the "best theatre in London," and there is always the chance that some day he may himself be cast for a leading part in that great political drama which is performed night after night on the boards of the Theatre Royal, Westminster. Politics—"l'art de mentir à propos," as Voltaire defined them—may have their origin in the perversity rather than in the grandeur of the human soul, but the attraction they exercise over the average Englishman is very great.[76] But for the privileges of a parliamentary career—one of the worthiest to which a patriot can devote himself, in Mr. Balfour's opinion—a heavy price has to be paid, and to the toll of toil and treasure levied by Parliament must be added the sacrifice of independence as well as of time.

In this twentieth century the initiative of the private member has almost disappeared. The Government is alone responsible for legislation; all the most important measures brought in are Government measures. The time of the House is placed, very early in each session, at the disposal of the Government, its business is arranged to suit their convenience, and the private member must be content to make the most of such fragmentary opportunities as are flung to him. He is controlled by his party and by his Whip; he may not leave the House without permission; he must vote at the word of command. At one moment he may be called upon to speak at length upon a subject of which he is sublimely ignorant, in order to allow his party a chance of gathering their forces to meet an unexpected division; at another he is compelled to refrain from good words, though it may be pain and grief to him, in order to save the precious time of the Government. And perhaps he will occasionally be inclined to agree once more with Burke that the same qualifications, nowadays, make a good member of Parliament that formerly made a good monk: "Bene loqui de superiore, legere breviarum taliter qualiter, et sinere res vadere ut vadunt"—to speak well of the minister, read the lesson he sets you, and let the State take care of itself![77]

Even so, the advantages of membership are not to be despised; and once a man has tasted the sweets of political life, all other professions fade into insignificance. He may have been moved to enter Parliament by some ambitious yearning after fame; he may have been prompted by patriotic motives, or merely the desire to prove himself a useful member of society, his serious opinion being (like that of Buxton, the great opponent of Slavery) that "good woodcock-shooting is a preferable thing to glory."[78] His contributions to debate may be of poor quality, but they will not be altogether valueless, and, after an arduous day in the House, he will listen with a glow of conscious rectitude to the ancient and welcome cry of "Who goes Home?" which rings through the lobbies and announces the close of the sitting.[79] Though he may never, perhaps, wake to find himself famous, he will often sink comfortably to sleep on his return home from the House in the early hours of the morning, soothed by the consciousness of duty done. That in itself is a thing not to be despised, and there may possibly be other benefits in store for him. If he is sufficiently painstaking and intelligent he may perchance have greatness thrust upon him in the form of an under-secretaryship, and, when he has scaled the outer breastworks of that Cabinet zareba to which access is so difficult, the suspicion that he has long cherished of being a heaven-born politician is at length confirmed.

Socrates was right when he said that whereas no man undertook a trade that he had not thoroughly learnt, everybody considered himself sufficiently qualified by nature to undertake the trade of government, probably the most difficult in the world. There are, however, certain disqualifications which prevent the most ambitious man from serving in Parliament.[80]

Infants and minors may not be elected to the House of Commons. But though they have always been excluded by custom or statute, their presence was winked at until the end of the eighteenth century. The members of those bygone times seem generally to have been more youthful than the members of to-day. Even the Chair was occupied by men comparatively young, Seymour, Harley, and Sir Thomas More each being elected Speaker before he had reached the age of forty. The last-named speaks of himself as a "beardless boy resisting greybeards and Kings themselves," referring no doubt to the time when Cardinal Wolsey came to the House of Commons in 1523, to ask for money for his royal master, and he actively opposed the grant.

In Queen Elizabeth's time the Lower Chamber was not weakened by the admission of too many infants; but during the reign of James I. the ancient custom for old men to make laws for young ones seems to have been inverted, there being as many as forty members of Parliament who were minors, and several who were not more than sixteen years old.[81] The poet Waller sat in the Commons before he was seventeen, while Lord Torrington (afterwards Duke of Albemarle) took part in debate when he was only fourteen, and at that age addressed the House in 1667, on the subject of Clarendon's impeachment.[82] The infant members of that day were singularly precocious and well able to look after themselves. When, for instance, some one urged that Lord Falkland was too young to sit in Parliament, as he had not yet sown his wild oats, that young nobleman rudely replied that he could imagine no more suitable place for sowing them than the House of Commons, where there were so many geese to pick them up.[83]

The Crown saw no disadvantage in having youthful legislators, who could all the more easily be influenced. When Parliament assembled in 1661 and the tender age of many of the members was pointed out to King Charles, he answered that he found no great fault in that, "for he could keep them till they got beards."[84] By the Act of 1695, however, infants were formally excluded from Parliament, but for a long time they continued to sit in the House, though they most probably abstained from voting.

Extreme youth was not considered a bar to parliamentary success in days when it was possible for a politician to become Prime Minister, as Pitt did, at the age of twenty-five, though that statesman's father found it necessary on one occasion to defend himself against the charge of immaturity.[85] Both Fox and Philip Stanhope (afterwards Lord Chesterfield) delivered their maiden speeches a month or so before they came of age,[86] and Lord John Russell was returned to Parliament when he was still a minor.

As the years advanced the House of Commons became more and more particular in this respect, and at the beginning of the nineteenth century an eye-witness was struck by the large proportion of bald-headed men—nearly a third of the whole number—in the Lower Chamber.[87] To-day no one who has not reached the mature age of twenty-one can stand for Parliament, much less sit upon the sacred green benches.

Lunatics and idiots are also disentitled to parliamentary election. A member who goes mad after having taken his seat can only be removed, however, if his case is proved to be a hopeless one, the House being then petitioned to declare the seat vacant, and the Speaker issuing a new writ. In one well-known instance a committee of the House found that a member's lunacy was not so incurable as to justify his removal, and he retained his seat. In 1881 the case of a lunatic recording his vote in a division was the occasion of a painful and futile debate. The member in question suffered from periodical bouts of insanity, and had recently been certified "dangerous" at his own request, in order that he might retire temporarily to an asylum. It was therefore obviously improper for him to vote. The House, however, declined to take any serious notice of the incident, the motion for an inquiry by a Select Committee into the circumstances of the case being negatived, and the matter tactfully allowed to drop.[88]

Aliens cannot sit in Parliament until they have taken the precaution of becoming naturalised British subjects. In William III.'s time all persons born outside the dominions were disqualified, and when the Test and Corporation Acts were repealed in George IV.'s reign, an amendment was inserted by the Bishop of Llandaff in the House of Lords by which Jews were excluded from Parliament. They were finally admitted to the House of Commons in 1858, and during the reign of Queen Victoria naturalisation was held to carry with it full political rights.

English and Scottish peers are incapacitated from serving in the Commons. Irish peers, however, may do so, provided that they are not already sitting as representative peers in the House of Lords.[89] The eldest sons of peers were excluded from the Lower House down to the middle of the sixteenth century, when they were gratefully admitted and given seats of honour on the front bench with the Privy Councillors.

Irishmen enjoy parliamentary privileges not only as peers but also as bankrupts. The occasional combination of the two therefore carries with it some slight compensation. A bankrupt Englishman or Scotsman is disabled from even standing as a candidate for Parliament, whereas his more fortunate Irish brother may be elected. Members of Parliament who become bankrupt after election may continue to sit and vote in the Commons until the Speaker has received official notification of their bankruptcy, or the House has ordered their withdrawal.

The election of clergymen and other ministers was prohibited by an Act of 1801, passed in order to deal with the case of the Rev. J. Horne Tooke, the "Father of Radicalism," who had been elected for Old Sarum. It did not succeed in its object, however, for he continued to sit for the remainder of the Parliament.[90] And by another Act, passed about 1870, any one who has relinquished the office of priest or deacon is eligible for election. Otherwise no minister of the Established Church may sit in Parliament.

Many other persons are similarly debarred, among whom may be mentioned the holders of offices under the Crown created since 1705, Crown pensioners (exclusive of civil servants and diplomats), and Government contractors. Persons guilty of treason or felony (who have neither served their sentence nor been pardoned), or of corrupt practices at elections are likewise disqualified,[91] as are also those who are unable to take the Oath of Allegiance or to affirm. There are, besides, a number of officials connected with the administration of justice, or concerned with the collection of the Revenue, or representatives of the Crown—judges, colonial governors, etc.—who are incapacitated by their positions from sitting in the House of Commons.

At one period of parliamentary history lawyers were excluded from the House of Commons, enactments in favour of keeping out "gentlemen of the long robe" being passed in Edward III.'s time. They were always unpopular members, it being supposed that they only entered Parliament as a stepping-stone to wider practice at the Bar or to some sort of Government employment. The legal profession was looked upon as one into which no one entered without views of self-aggrandisement, and the use of a seat in Parliament as a means of advertising oneself did not appeal to the country at large.[92] Lawyers are allowed to sit in the House to-day, but they may not practise as counsel before Parliamentary Committees, nor even advise professionally upon any private Bill.

Having successfully eluded all these disqualifications, paid a large sum for the privilege of serving his country, talked himself hoarse on the platforms of his constituency, and finally been returned in triumph to the House of Commons, the private member may consider himself safely launched upon the parliamentary sea. It now remains to be seen whether or not political life comes up to his expectations. If he is energetic, ambitious, and eloquent he will find free scope for his talents on the green benches at Westminster. He will be given a chance of proving his worth upon Select Committees. Here he can serve his apprenticeship in preparation for that glorious day when he may be inspired to thrill and enrapture a delighted assembly with such an outburst of oratory as shall at once establish his claim to the consideration of his party. Then indeed does Fortune seem ready to smile upon the embryo statesman. In imagination he sees himself lounging upon the Treasury bench, his feet cocked up against the historic Table, while he writes a report of the debate for the edification of his Sovereign. To the political enthusiast the prospect is a rosy one. But alas! it is not every man who can aspire to the giddy heights of the front bench. After many a session of laborious days and sleepless nights, after many a recess devoted to the tiresome art known as "nursing" his constituency, after many disappointments and trials, our member may still find himself at the bottom of the parliamentary ladder. Even if he ascends to what Mr. Gladstone would have called "measurable distance" of the top, his tenure is precarious; in the defeat of a Government at a General Election he too may fall. And though his constituents remain loyal and his seat secure, there arrives a day when he begins to weary of the slavery of parliamentary life, of the drudgery of a political career. Like Macaulay, he may at length come to define politics as a pursuit from which the most that those who are engaged in it can expect is that by relinquishing liberal studies and social pleasures, by passing nights without sleep and summers without one glimpse of the beauty of nature, they may attain "that laborious, that invidious, that closely watched slavery which is mocked with the name of power."[93] When this tragic moment arrives, or when through physical infirmity, advancing years, or penury, he wishes to bid a long farewell to the scene of his parliamentary labours, he has still a minor obstacle to contend with.

A member cannot resign his seat, nor is it permissible for him to exchange it for any other. Only his own death or the dissolution of Parliament can enable him to cease from being a member, unless the House itself declares his seat to be vacant. Even expulsion from the House does not prevent his immediate re-election by a constituency determined to retain his services, as was shown in the case of Walpole—twice expelled from the House, and re-elected by the voters of Lynn—and of Wilkes and Bradlaugh. The only thing that can prevent a man from sitting in the House, or allow a member to escape from its service, is the fact of his coming within the range of that long list of disqualifications already enumerated.

How then can a member vacate his seat in the simplest fashion? Many members would think twice before becoming bankrupt or committing a felony in order to avoid parliamentary duty. It is not given to every one to be a Colonial Governor, an Auditor General, or even a Charity Commissioner. But, by the merciful connivance of the powers that be, it is always possible for a member to incapacitate himself by holding a Crown appointment. For this beneficent purpose two ancient stewardships of a purely nominal value are upheld, that by accepting either of these offices a member may be enabled to retire gracefully from Parliament.

The steward or bailiff of the three Chiltern Hundreds of Stoke, Desborough and Boneham, and the steward of Northstead, were officers appointed by the Crown in past ages to look after certain Buckinghamshire forests in which brigands abounded. The brigands are long since dead, and the forests themselves have been converted into parks and pasture lands, but the stewardships remain, a convenient city of refuge for members who desire to escape from the active strife of Parliament, to whom they are sometimes presented as often as nine times in one session. "The parliamentary constitution of England," said Disraeli, "was born in the bosom of the Chiltern Hills; as to this day our parliamentary career is terminated among its Hundreds."[94] And since no county is fraught with greater historical and political interest than Buckinghamshire, it is perhaps fitting that it should be the means of providing a merciful release for the jaded parliamentarian whose course is run.