iary functions, first because it does not in fact exercise
it, next because I wish to see it in appearance deprived of it. The
supreme court of the English people ought to be a great conspicuous
tribunal, ought to rule all other courts, ought to have no competitor,
ought to bring our law into unity, ought not to be hidden beneath the
robes of a legislative assembly.
The real subsidiary functions of the House of Lords are, unlike its
judicial functions, very analogous to its substantial nature. The first
is the faculty of criticising the executive. An assembly in which the
mass of the members have nothing to lose, where most have nothing to
gain, where every one has a social position firmly fixed, where no one
has a constituency, where hardly any one cares for the minister of the
day, is the very assembly in which to look for, from which to expect,
independent criticism. And in matter of fact we find it. The criticism
of the Acts of late administrations by Lord Grey has been admirable.
But such criticism, to have its full value, should be many-sided. Every
man of great ability puts his own mark on his own criticism; it will be
full of thought and feeling, but then it is of idiosyncratic thought
and feeling. We want many critics of ability and knowledge in the Upper
House--not equal to Lord Grey, for they would be hard to find--but like
Lord Grey. They should resemble him in impartiality; they should
resemble him in clearness; they should most of all resemble him in
taking a supplemental view of a subject. There is an actor's view of a
subject, which (I speak of mature and discussed action--of Cabinet
action) is nearly sure to include everything old and new--everything
ascertained and determinate. But there is also a bystander's view which
is likely to omit some one or more of these old and certain elements,
but also to contain some new or distant matter, which the absorbed and
occupied actor could not see. There ought to be many life peers in our
secondary chamber capable of giving us this higher criticism. I am
afraid we shall not soon see them, but as a first step we should learn
to wish for them.
The second subsidiary action of the House of Lords is even more
important. Taking the House of Commons, not after possible but most
unlikely improvements, but in matter of fact and as it stands, it is
overwhelmed with work. The task of managing it falls upon the Cabinet,
and that task is very hard. Every member of the Cabi
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