The Mother of Parliaments. Graham Harry
target="_blank" rel="nofollow" href="#n82" type="note">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
Townsend's "History," vol. ii. p. 400.
Reresby's "Memoirs," p. 51.
"Sir," he said in debate, "the atrocious crime of being a young man, which the hon. gentleman (Horace Walpole) has with such decency and spirit charged against me, I shall neither attempt to palliate or deny; but content myself with wishing that I may be one of those whose follies may cease with their youth, and not of that number who are ignorant in spite of experience."
Chesterfield's "Letters," vol. ii. p. 339. In order to escape the fine of £50 °Chesterfield retired from political life for a short time.
Grant's "Recollections," p. 62.
See Hansard, vol. clxii. p. 1941.
When the Lords were temporarily abolished in 1648, peers were elected to the Commons, but only a few seem to have availed themselves of this privilege. Porritt's "Unreformed House of Commons," vol. i. p. 123.
Horne Tooke was a man of strength and determination. Upon all great public questions, as he once declared, "neither friends nor foes, nor life nor death, nor thunder nor lightning, would ever make him give way the breadth of one hair." When Lord Temple claimed a superior right to sit in Parliament because he had "a stake in the country," "So have I," said Tooke, "but it was not stolen from a public hedge!"
In 1558 it was voted by a small majority that one outlawed or guilty of various frauds might sit in the House if duly elected, his crimes being apparently purged by virtue of his election. See Raikes's "English Constitution," vol. i. p. 323.
See the "Black Book," p. 61.
"Edinburgh Review" (October, 1838), vol. lxviii. p. 114. The two happiest days of a statesman's life are said to be the day when he accepts high office and the day when he resigns it (Campbell's "Lives of the Chancellors," vol. i. p. 561). Lord Rosebery defined the acceptance and resignation of office as "the two supreme pleasures – one ideal, the other real."