The House of Lords: how it formed and what it does

Britain’s House of Lords traces its history back to the 11th century, which means it predates the country itself, because although Britain did eventually show up at the party, it was unforgivably late.

The part of the 11th century that we happen to be talking about is the Anglo-Saxon part of the century, before the Norman invasion, when the king had a witan–a group of advisors to consult if and when he wanted to. It would’ve been made up of the king’s ministers plus the most powerful of the lords and religious leaders–you know, the country’s big bruisers–and a wise king sometimes made sure they’d support whatever he had in mind before going too far out on a limb.

Although having said that, there’s some debate about who got invitations to the witan and who got to stay home and sulk. A lot of Anglo-Saxon history is subject to debate, but we’re going to rampage through this quickly because we were looking for Britain, remember? And Britain isn’t here yet.

Irrelevant photo: morning glories, a.k.a. bindweed

Before we leave, though–have a drink while I’m messing around, why don’t you?–I should mention that whatever the Witan did (and that sounds a little hazy too), it did get to select the king. The Anglo-Saxons didn’t automatically go with the oldest son. 

 

Then the Normans invaded and everything changed…

…except for what didn’t. Kings still summoned the country’s big bruisers once or twice a year. Because in theory the kings might’ve been all-powerful, but they couldn’t govern without the backing from their lords–at least not well and not for long. It’s not hard to find examples of English kings offending the nobility more than they were willing to be offended and ending up in history’s large and unsentimental trash can. 

After one of those not-quite-all-powerful kings was forced into signing Magna Carta (1215, and yes I did have to look it up), he and all the kings who came after him were committed to asking the barons’ consent before they imposed taxes. This gave his proto-parliament–that yearly or twice-yearly gathering of lords–a well-defined power. 

As the thirteenth century wore on, locally elected representatives of counties, cities, and boroughs also began to be summoned when taxes needed to be approved. Among other things, this made the taxes easier to collect. 

Representatives of the towns and cities were called burgesses and tended to be rich lawyers and merchants. Representatives of the counties were called knights of the shire and were mostly from the landed gentry. I haven’t a clue what representatives of the boroughs were called. They may also have been called burgesses, since the root word looks the same and a borough was nothing but a town with a fancy hat. 

The burgesses outnumbered the knights and were paid two shillings a day when parliament met, but the knights (probably) dominated the proceedings because they were better connected and, as everyone at the time would’ve agreed, more important and better looking, and in recognition of all that were paid four shillings a day. 

After 1325, no parliament met without the commoners.

Now let’s get to the small print: When I said these assemblies could approve taxes, that doesn’t mean it was easy for them not to approve them. They had to go pretty far out on a limb to say no. In 1376, when they did refuse one, they had to claim that funds had been misappropriated by some of the king’s courtiers. 

Short of saying no, though, they could negotiate. They could drag their feet and sulk. They could, in general, be a pain in the neck. 

Never underestimate the power of being a pain in the neck.

Much to the monarch-of-the-moment’s annoyance, he (or the occasional she) needed Parliament. The monarchy’s income from its own lands had decreased over the years–hey, it’s tough up there at the top of the heap. And they kept taking the country to war, which is an expensive little habit. So however annoying parliament became, the monarch was constantly driven to call it back and ask for some new tax. 

Parliament was also the place where communities and individuals, high and low, could go to petition the king, and it was petitions involving the affairs of the country gradually drew parliament into a law-making role. At first, it was the king’s prerogative to initiate a law, but in the 14th century parliament began petitioning the king about this or that and making gradual moves into what the king’s territory.

 

The houses separate

But we’ve spent entirely too much time brushing our refined elbows against the commoners elbows. We should be talking about lords.

If we can duck back for a minute to the 13th century, we’ll see a forerunner of the House of Lords in a small group of councilors clustered around the king. And by councilors, of course, I mean important people, and by important people I mean nobles. By the 14th century, they’d become a larger group that began meeting separately. These were dukes, earls, barons, marquesses, viscounts, and the top layer of the clergy. They were called, collectively, the peerage. 

And I’m sure the peers were much happier meeting that way. The commoners had been getting too big for their little bootsies. An anonymous publication from the 1320s argued that parliament’s barons could only speak for themselves, unlike (as the BBC puts it) “the knights, citizens and burgesses who represented ‘the whole community of England’ . . . who alone should grant taxation on behalf of the people.”

Yeah. A pesky lot, those commoners. 

As the two groups separated, the king’s key officers–the chancellor of the exchequer, the treasurer, the senior royal judges and key members of the royal household–met with the lords, not the commoners, and the real business was done there, at the top. As someone put it in 1399, the commons were merely “petitioners and suitors,” and all judgments of parliament “belong solely to the king and lords.”

 

The mysterious shrinking peerage

This isn’t strictly relevant, but it’s interesting: during the Tudor period (start counting in 1485 and stop when Elizabeth I dies), the number of peers shrank. Part of that was the War of the Roses–the count dropped from 64 to 38–but nobles had always died in wars; under normal circumstances dead ones would’ve been replaced with live ones who were either their heirs or, if no heir was to be had, someone the king owed a favor to. Or liked or wanted to placate or hoped to control. Or whatever motivated that particular king at that particular moment. 

Henry VII, though–the first of the Tudors–didn’t replenish the stock, probably because he didn’t want a group of powerful nobles who might challenge him, starting another war. He’d seen enough of that, and the country was out of roses anyway. 

So start there, then run through the rest of the Tudor kings and queens and count the number of nobles executed for treason whose titles were taken from them, which meant their heirs didn’t inherit them. I doubt being a Tudor-era peasant was a barrel of laughs, but belonging to the nobility had its own dangers. Romanticize it all you want, the Tudor era was a dangerous time to be part of the nobility.

For the last 30 years of the Tudordrama, the country had zero dukes, in spite of the after-VII Tudors (not to be confused with After Eight Mints) having created some new peers as they went along, and most of the 16th-century nobility were of recent coinage. 

With the dissolution of the monasteries under Henry VIII, the number of abbots in the House of Lords (no surprise here) shrank, and by the end of Elizabeth’s reign there wasn’t an abbot to be found in the Lords, and only 26 bishops. For the first time, the secular lords formed a majority. Semi-relevantly, the secular lords were and still are called the Lords Temporal, because everything needs a fancy name.

We now return you to our regularly scheduled drama.

 

From the Civil War to the 19th century

From the Tudor period, it’s a short march to the Civil War, when Parliament seized power. In 1642, it excluded bishops from the House of Lords. Then in 1649, it abolished both the monarchy and the House of Lords. I’m sure that made the bishops feel better about having been tossed out. Guys, the party ended just a few years after you left, so don’t feel bad.

When the monarchy was restored, everybody pushed the Reset button and Parliament was reconstituted in its old form–Commons, Lords, Church worthies–and when (you thought we’d never get there, didn’t you?) Scotland and then Ireland were folded into the batter that became first Great Britain and then the United Kingdom, the Scottish and Irish peers elected representatives to the Lords. 

Now we do a couple of fancy steps until we get to the 19th century, when the number of bishops in the House or Lords was limited to 26 and the monarch got to create life peers. That’s as opposed to hereditary peers. Once they’re appointed, they can put down roots and make themselves at home, but they can’t shoehorn their kids in after them.

 

20th century

In the 20th century, the story gets interesting enough that I’ll slow it down again. By the beginning of the century, it was standard for the prime minister to govern from the House of Commons, so basically the power had shifted. The last PM to govern from the Lords was the Marquess of Salisbury in 1902.

Then we get to 1906, when the Liberals won a big honkin’ majority in the Commons–132 seats–and figured they’d use it to introduce radical things like sick pay and old age pensions.

Horrors, the Lords said in one aristocratic voice. And double horrors because the programs would be paid for by a tax on the rich–especially on the landed rich: in other words, on the people sitting in the House of Lords.

You might have already figured out that the House of Lords had a built-in Conservative–and lower-case conservative–bias. So predictably enough, the Lords refused to pass the budget. After a bit of back and forth, including a general election, the Lords did pass the budget, though, along with the Parliament Act of 1911, which limited  the Lords’ power. 

Why’d they do that? Because the government threatened to flood the house with 400 new Lords, all of them Liberals. 

The bill left the Lords with the power to, at best, delay money bills by a month, and it completely lost the ability to veto bills. It could delay non-budget bills for two years, but that was the limit.

The two years have since been reduced to one.

That takes us to 1958 and the Life Peerages Act, which poured in a group of life peers, including experts in various fields and for the first time–gasp; horrors–women. It was a gesture in the direction of counteracting the house’s built-in rightward tilt. 

Then we skip forward again. Tony Blair had a three-stage plan that would fold the House of Lords into a paper airplane, sail it out to sea, and replace it with a fully elected house. 

How did that fare? Well, the House of Lords started 1999 with 758 hereditary lords and ended the year with 92, but then it all bogged down. The plan’s probably still stashed on some governmental shelf, gathering dust, and we still have 92 hereditary peers. They’re chosen by all the country’s hereditary peers, making the aristocrats, in a nice little piece of irony, the only elected members of the Lords.

People who think seriously about these things, along with people who don’t but who shoot their mouths off anyway, have suggested all sorts of ways to reform what’s clearly an antiquated system, including setting a limit on the number of lords, but tradition allows outgoing prime ministers to shovel in new members, and we’ve been through a lot of prime ministers lately. Each one got a shovel of their very own. A committee’s supposed to weed out anyone who’s inappropriate, but the committee doesn’t get the final say. 

At the moment, 779 people sit in the House of Lords. Or don’t sit there. Nothing says they have to show up. 

27 thoughts on “The House of Lords: how it formed and what it does

  1. Here in Canada we have the Senate. Its members are appointed. A couple of decades ago there was a call for a “triple e” Senate. That’s equal, elected, and effective. It’s still not elected; I’m not sure about the other 2 E’s.

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  2. When you think about it, which is what this post makes you do, it is not only archaic, but outright offensive to have “Lords” and “Commons.” After ten centuries you would think it’s about time to move on.

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    • You’d think so until you’ve been in Britain a while and realize that people–some of them–still take the monarchy seriously. And once you swallow that KoolAid, why not hereditary peers. Or appointed peers. Or ermine robes, while we’re at it.

      I understand Alice in Wonderland much better since I’ve lived here than I ever could when I lived in the US.

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  3. “Never underestimate the power of being a pain in the neck.” So England had the filibuster first, eh ? Congrats, I guess.
    What a good job condensing all this history, of which I mostly had no idea.(but that doesn’t men I am not glad for the explanation!)
    A tip of the hat to the 3 E’s of the Canadian senate. I’m afraid down here in the former colonies it would be egregious, eerie and evil.

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    • It’s a pity our unabridged dictionaries offer such a range of words under E. Someone should’ve thought that through centuries ago and realized what they were setting us up for.

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  4. The Lords might be antiquated but they have had a nice knack of batting back some harmful legislation over the last decade, not least of which was Osbourne’s swingeing cuts to benefits which had about as much chance as passing as Robinho.

    I’m not sure an elected chamber is a good idea. Our state media are far too good at not holding the government to account. Do we really want a gaslighted public voting for an upper section too?

    I would have 2 citizens assemblies instead, one based in York which votes on things affecting the north and one in Winchester that votes for the south. Citizens would be randomly selected akin to jury duty and fully recompensed for their troubles.

    We bring the local voice back into politics but also raise interest and awareness. It might also spur more commoners to take up arms as MPs at all parts of the spectrum and kick the current aristocracy out of the commons.

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    • They have done some decent things in an indecent situation. I’ll admit that. But the system’s open to political manipulation, and at least in recent years outgoing prime ministers have happily shoveled in donors and loyalists–some of them while complaining that the Commons needs to be slimmed down in the interests of economy.

      I don’t know what a workable system would be. All systems have their down sides, including, as we’ve seen, representative democracy. Having seen the local voice in action on a village level, I’m prepared to argue that it works well except when it doesn’t. You get one loud voice and a bunch of people who aren’t prepared to go up against it and it can all go wrong pretty spectacularly. Or you can add another loud voice or two who go up against the first one and it all gridlocks. (Yes, we have lots of fun where I live. We also have a committee that’s worked spectacularly well together. It’s a miracle.)

      That’s a long way of saying that I don’t know what the solution is. I’m better at spotting problems.

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  5. I very much like the idea of the “House of Lords” – as a kind of vaguely organised group of intellectuals. Weren’t Popper, Dahrendorf (Wittgenstein too ?) members of the HoL ? It is nonsensical to waste this opportunity to bring together (I obviously avoid the word “to concentrate”, we are not talking about a camp) the intellectual “power” of a nation ; the French legion, and more so the academie may point into the same direction. It was the House of Lords that started some interesting expeditions into not so common areas. They held the first serious conference about unknown flying objects, they had serious colloquia about drugs (I think at one point they invited Lemmy K. to talk to them) – so, if it is not seen as a kind of cheap reward for one’s favourite hair dresser, but more like a kind of assembly of persons who have a lot of experience in different fields, and some intellectual capabilities, why not ?
    I think Blair’s assault on the institution was pretty badly thought through (in fact not what so ever), and in the end anti-intellectual. What is the worst reproval I can bring onwards for a politician. Oh my lard …

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    • I haven’t picked through the current composition of the House of Lords, but I’m reasonably sure that it’s not a collection of the nation’s best brains. Or even its good ones. We’ve got the hereditaries in one corner, a group of church higher-ups over there in another corner, the party donors and policians some PM owed a favor to–that’s too big a group for a corner, so we’ll give them center stage. After that, I’m not sure who else we’ve got. Probably some big-business people. Some others. Maybe some of the intellectuals; I don’t know. I can report that when I participated in a campaign against a bill reorganizing (and massively fucking with) the National Health Service, I wrote to some of the Lords and ended up in an extended and distinctly unimpressive correspondence with one of them. After a few back-and-forths, I wanted to write, “Excuse me, but don’t you have a country to run? Why are you writing to me?”

      I don’t remember which of us finally broke off the exchange. Probably her, because I felt trapped in it, since I’d starte it, and was beginning to think I’d have an unwanted pen pal for the rest of my life.

      Anyway, I doubt it’s the intellectual powerhouse of the nation. I’m also certain that smart people can be exceeding dumb about some things–both ones that are in their field and ones that aren’t.

      With all that said, I’ll admit that I don’t know what the best way to govern a country is. I’m best at poking holes in things.

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