THREE:After the lapse of a week the House of Commons met again on the 13th of May, when Lord John Russell immediately rose and stated that since he had last addressed them Sir Robert Peel had received authority from her Majesty to form a new Administration; and the right hon. baronet having failed, her Majesty had been graciously pleased to permit that gentleman to state the circumstances which led to the failure. Sir Robert Peel then proceeded to detail all the facts necessary for the explanation of his position to the country. He had waited upon the Queen according to her desire, conveyed at the suggestion of the Duke of Wellington, who had been sent for by her Majesty in the first instance. The Queen candidly avowed to him that she had parted with her late Administration with great regret, as they had given her entire satisfaction. No one, he said, could have expressed feelings more natural and more becoming than her Majesty did on this[462] occasion, and at the same time principles more strictly constitutional with respect to the formation of a new Government. He stated his sense of the difficulties a new Government would have to encounter; but having been a party to the vote that led to those difficulties, nothing should prevent him from tendering to her Majesty every assistance in his power. He accordingly, the next day, submitted the following list for her approval in the formation of a new Ministry:The Duke of Wellington, Lord Lyndhurst, Earl of Aberdeen, Lord Ellenborough, Lord Stanley, Sir James Graham, Sir Henry Hardinge, and Mr. Goulburn. It was not until Thursday that any difficulty or misconception arose to lead to his relinquishing his attempt to form an Administration. His difficulty related to the Ladies of the Household. With reference to all the subordinate appointments below the rank of a Lady of the Bedchamber he proposed no change; and he had hoped that all above that rank would have relieved him of any difficulty by at once relinquishing their offices. This not having been done, he had a verbal communication with her Majesty on the subject, to which he received next day a written answer as follows:[538]
FORE:Next came the enactments regarding fasting. By 5 Elizabeth every person who ate flesh on a fish day was liable to a penalty of three pounds; and, in case of non-payment, to three months' imprisonment. It was added that this eating of fish was not from any superstitious notion, but to encourage the fisheries; but by the 2 and 3 Edward VI. the power of inflicting these fish and flesh penalties was invested in the two Archbishops, as though the offence of eating flesh on fish days was an ecclesiastical offence. Lord Stanhope showed that the powers and penalties of excommunication were still in full force; that whoever was excommunicated had no legal power of recovering any debt, or payment for anything that he might sell; that excommunication and its penalties were made valid by the 5 Elizabeth and the 29 Charles II.; that by the 30 Charles II. every peer, or member of the House of Peers, peer of Scotland, or Ireland, or member of the House of Commons, who should go to Court without having made the declaration against transubstantiation, and the invocation of saints therein contained, should be disabled from holding any office, civil or military, from making a proxy in the House of Lords, or from sueing or using any action in law or equity; from being guardian, trustee, or administrator of any will; and should be deemed "a Popish recusant convict." His Lordship observed that probably the whole Protestant bench of bishops were at that moment in this predicament, and that he had a right to clear the House of them, and proceed with his Bill in their absence. He next quoted the 1st of James I., which decreed that any woman, or any person whatever under twenty-one years of age, except sailors, ship-boys, or apprentices, or factors of merchants, who should go over sea without a licence from the king, or six of his Privy Council, should forfeit all his or her goods, lands, and moneys whatever; and whoever should send such person without such licence should forfeit one hundred pounds; and every officer of a port, and every shipowner, master of a ship, and all his mariners who should allow such person to go, or should take him or her, should forfeit everything they possessed, one half to the king, and the other half to the person sueing.The duties on bricks and tiles were opposed, as affecting brick-makers rather than the public, because stones and slates were not included. These duties were, however, carried, and the Bill passed; but great discontent arising regarding the duties on coals and on licences to deal in excisable commodities, the Chancellor of the Exchequer was obliged to produce a supplementary Budget, and, after withdrawing these, to lay others on the sale of ale, gold and silver plate, the exportation of lead, and postage of letters, at the same time limiting the privilege of franking. It was high time that the latter practice were put under regulation, for the privilege was enormously abused. Till this time, a simple signature of a member of Parliament, without name of the post town whence it was sent, or date, freed a letter all over the kingdom. Many persons had whole quires of these signatures, and letters were also addressed to numbers of places where they did not reside, so that, by an arrangement easily understood, the persons they were really meant for received them post-free. The loss to Government by this dishonest system was calculated at one hundred and seventy thousand pounds a year. By the present plan, no member was to permit any letter to be addressed to him except at the place where he actually was; and he was required, in writing a frank, to give the name of the post town where he wrote it, with the dates of day and year, and to himself write the whole address.
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