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Peers, Parliament and Power Under the Revolution Constitution, 1685-1720

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Peers, Parliament and Power Under the Revolution Constitution, 1685-1720 1 Peers, Parliament and Power under the Revolution Constitution, 1685-1720 Philip Loft University College London PhD History, 2015 2 ‘I, Philip Loft, confirm that the work presented in this thesis is my own. Where information has been derived from other sources, I confirm that this has been indicated in the thesis.' Signature: Date: 12/05/2015 3 Figure 1: Title Page of R. Gosling, The Laws of Honour, or A Compendious Account of the Ancient Derivation of All Titles, Dignities, Offices, &c as well as Temporal, Civil or Military (1714). This focus on honour and title perhaps represents our typical view of the peerage during the ‘long eighteenth century’. 4 Acknowledgements I would like to thank my two supervisors, Julian Hoppit and Jason Peacey, for their indispensable guidance and support. David Hayton and Perry Gauci kindly agreed to examine the thesis, and I am grateful for their advice and ideas. A number of archivists and librarians have been particularly helpful in providing access to archival sources, but those of the Parliamentary Archives require special thanks in providing me with so many documents detailing the activity of the House of Lords. I would also like to record my appreciation for the feedback on several parts of this thesis provided by the participants of the Bath Spa Conference ‘George I—300 Years on’, the Liverpool Conference ‘300 Years of Hanoverian Monarchy’, the Parliaments, Politics and People Seminar at the IHR, and the anonymous reviewers of the Journal of British Studies. The Arts and Humanities Research Council and UCL provided me with funds to pursue this thesis, for which I am very grateful. 5 Abstract This thesis argues that the late Stuart and early Georgian period saw the development of what may be termed a ‘deliberative oligarchy’, and sets out its contours. In short, a pluralistic politics enabled competing viewpoints to represent themselves to the British state, in a way that meant interests and partisans interacted with ‘reason’ and ‘fact’. Rather than the public being spectators to politics, they were seen as fellow co-legislators, and parliamentarians increasing sought to direct the public into deliberative participatory processes. This argument builds on Mark Knights’ work on the culture of partisanship and misrepresentation during the ‘rage of party’, Paul Langford’s demonstration of the role of ‘propertied Englishman’ to the functioning of the state in the ‘aristocratic century’, the importance of Barbara Shapiro’s ‘culture of fact’, E.P. Thompson’s characterisation of the rule of law, and the extensive participation in local government. This was a distinct stage in British history, where the state became increasingly ‘reactive’ to the middling sorts, but also that ‘reason’, ‘fact’ and balancing of ‘interests’ became more important for judging policy. Partly inspired by Jürgen Habermas’ ‘two track’ model of the public sphere, the thesis considers how the ‘informal’ public sphere present in print, coffee houses and public debate was directed into, and influenced by, a deliberative parliament. The thesis examines the cultural causes of public participation—namely the concept of ‘interest’ and a ‘culture of facts’—and the nature of state structures. Using the largely unused archive of the House of Lords, the thesis systematically examines the use of the House as a British appeal court, the incidence of petitioning, and considers parliament’s relationship with the wider public sphere. These features enabled some of the partisan features of the ‘rage of party’ and ‘clash of interests’ to be contained within a pluralistic and stable political system. 6 TABLE OF CONTENTS Acknowledgements .................................................................................................................... 4 Abstract ..................................................................................................................................... 5 List of Figures, Graphs, Maps and Tables ................................................................................ 8 Abbreviations ........................................................................................................................... 10 Introduction .............................................................................................................................. 12 Themes ........................................................................................................................... 26 Conclusion ...................................................................................................................... 41 1. The Transformation of the House of Lords as High Court, 1689-1720 ........................ 44 A ‘New’ High Court: The House of Lords after the Glorious Revolution ..................... 48 A Shared Transformation: The House of Lords as a ‘British’ House ........................... 59 Who Came to the Lords: The Social Depth of Litigants ............................................... 77 Conclusion ..................................................................................................................... 81 2. Constructing the British State: Litigation, Union and Oligarchy ................................ 83 Parliamentary Intrusion: Litigation and Governing in England and Scotland .............. 85 Negotiating Scotland: Scottish Appeals after the Union ............................................... 90 English Interests, the ‘County Community’ and Litigation .......................................... 99 The Decline of English Litigation ............................................................................... 108 Peers and the Rule of Law ........................................................................................... 120 Conclusion ................................................................................................................... 128 3. Spectators or Participants? ‘Popular’ Access and Engagement with Parliament .... 132 Creating an Audience: Physical Access to Parliament and the Recording of News ... 138 From Spectators to Fellow-Legislators: Lobbying Parliament .................................... 161 The Institutions and Culture of a ‘Deliberative Assembly’: Committees, Interests, and Majoritarian Rhetoric. .................................................................................................. 171 Parliamentary ‘Governance’: Deliberation, Negotiation, and Interest-Group Politics 188 Conclusion ................................................................................................................... 195 4. Fact Finding and Political Arithmetic ........................................................................... 199 The Context for Political Arithmetic ........................................................................... 205 A ‘Culture of Facts’ ..................................................................................................... 205 7 Towards More Systematic Knowledge ....................................................................... 212 Political Arithmetic and Public Participation ............................................................... 226 Participation in Committees ........................................................................................ 227 Print and Participation ................................................................................................. 233 Political Arithmetic as a Challenge to the ‘Deliberative Oligarchy’ ............................ 236 Conclusion ................................................................................................................... 245 5. Petitioning and Participation, 1688-1720 ....................................................................... 250 Responsive Petitioning: Chronological and Geographical Trends .............................. 256 Parliamentary Attitudes to Petitioners .......................................................................... 271 Representing the ‘Sense of the People?’: Interpretations of Petitioners. ..................... 279 Conclusion ................................................................................................................... 304 6. The ‘Growth of Political Stability’ Fifty Years on: The Establishment of a ‘Deliberative Oligarchy’ ............................................................................................ 310 Bibliography of Cited Works ................................................................................................. 332 8 List of Figures R. Gosling, The Laws of Honour (1713).................................................................................... 3 Henri Chatelain, Representation du Parlement d'Angleterre, les Chambres Assemblees et de la Reine sur son Throne (c. 1708-1719) ................................................................................. 11 Jacob Gole, Afbeelding vant Hooger Huys des Parlements van Engelant (c.1688-1695) ..... 11 The Happy Return, or Parliament’s Welcome to Westminster (1685) .................................. 134 Triumphs of Providence over Hell, France and Rome (1696)............................................... 143 The First Day of Term: Westminster Hall (1758) .................................................................. 143 From One House to Another (1742) ...................................................................................... 144 The Merry Campaign, or the Westminster and Green Park Scuffle (1732) .......................... 144 Captain
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