CHAPTER V

ON THE CIVIL GOVERNMENT OF ELIZABETH

The subject of the two last chapters, I mean the policy adopted by

Elizabeth for restricting the two religious parties which from opposite

quarters resisted the exercise of her ecclesiastical prerogatives, has

already afforded us many illustrations of what may more strictly be

reckoned the constitutional history of her reign. The tone and temper of

her administration have been displayed in a vigilant execution of severe

statutes, especially towards the catholics, and sometimes in stretches

of power beyond the law. And as Elizabeth had no domestic enemies or

refractory subjects who did not range under one or other of these two

sects, and little disagreement with her people on any other grounds, the

ecclesiastical history of this period is the best preparation for our

enquiry into the civil government. In the present chapter I shall first

offer a short view of the practical exercise of government in this

reign, and then proceed to show how the queen's high assumptions of

prerogative were encountered by a resistance in parliament, not quite

uniform, but insensibly becoming more vigorous.

Elizabeth ascended the throne with all the advantages of a very extended

authority. Though the jurisdiction actually exerted by the court of

star-chamber could not be vindicated according to statute-law, it had

been so well established as to pass without many audible murmurs. Her

progenitors had intimidated the nobility; and if she had something to

fear at one season from this order, the fate of the Duke of Norfolk and

of the rebellious earls in the north put an end for ever to all

apprehension from the feudal influence of the aristocracy. There seems

no reason to believe that she attempted a more absolute power than her

predecessors; the wisdom of her counsellors, on the contrary, led them

generally to shun the more violent measures of the late reigns; but she

certainly acted upon many of the precedents they had bequeathed her,

with little consideration of their legality. Her own remarkable talents,

her masculine intrepidity, her readiness of wit and royal deportment,

which the bravest men unaffectedly dreaded, her temper of mind, above

all, at once fiery and inscrutably dissembling, would in any

circumstances have ensured her more real sovereignty than weak monarchs,

however nominally absolute, can ever enjoy or retain. To these personal

qualities was added the co-operation of some of the most diligent and

circumspect, as well as the most sagacious counsellors that any prince

has employed; men as unlikely to loose from their grasp the least

portion of that authority which they found themselves to possess, as to

excite popular odium by an unusual or misplaced exertion of it. The most

eminent instances, as I have remarked, of a high-strained prerogative in

her reign, have some relation to ecclesiastical concerns; and herein the

temper of the predominant religion was such as to account no measures

harsh or arbitrary that were adopted towards its conquered, but still

formidable, enemy. Yet when the royal supremacy was to be maintained

against a different foe by less violent acts of power, it revived the

smouldering embers of English liberty. The stern and exasperated

puritans became the depositaries of that sacred fire; and this manifests

a second connection between the temporal and ecclesiastical history of

the present reign.

Civil liberty, in this kingdom, has two direct guarantees; the open

administration of justice according to known laws truly interpreted, and

fair constructions of evidence; and the right of parliament, without let

or interruption, to enquire into, and obtain the redress of, public

grievances. Of these, the first is by far the most indispensable; nor

can the subjects of any state be reckoned to enjoy a real freedom, where

this condition is not found both in its judicial institutions and in

their constant exercise. In this, much more than in positive law, our

ancient constitution, both under the Plantagenet and Tudor line, had

ever been failing; and it is because one set of writers have looked

merely to the letter of our statutes or other authorities, while another

have been almost exclusively struck by the instances of arbitrary

government they found on record, that such incompatible systems have

been laid down with equal positiveness on the character of that

constitution.

_Trials for treason and other political offences unjustly conducted._--I

have found it impossible not to anticipate, in more places than one,

some of those glaring transgressions of natural as well as positive law,

that rendered our courts of justice in cases of treason little better

than the caverns of murderers. Whoever was arraigned at their bar was

almost certain to meet a virulent prosecutor, a judge hardly

distinguishable from the prosecutor except by his ermine, and a passive

pusillanimous jury. Those who are acquainted only with our modern decent

and dignified procedure, can form little conception of the irregularity

of ancient trials; the perpetual interrogation of the prisoner, which

gives most of us so much offence at this day in the tribunals of a

neighbouring kingdom; and the want of all evidence except written, and

perhaps unattested, examinations or confessions. Habington, one of the

conspirators against Elizabeth's life in 1586, complained that two

witnesses had not been brought against him, conformably to the statute

of Edward VI. But Anderson, the chief justice, told him, that as he was

indicted on the act of Edward III., that provision was not in

force.[369] In the case of Captain Lee, a partisan of Essex and

Southampton, the court appear to have denied the right of peremptory

challenge.[370] Nor was more equal measure dealt to the noblest

prisoners by their equals. The Earl of Arundel was convicted of

imagining the queen's death, on evidence which at the utmost would only

have supported an indictment for reconciliation to the church of

Rome.[371]

The integrity of judges is put to the proof as much by prosecutions for

seditious writings as by charges of treason. I have before mentioned the

conviction of Udal and Penry, for a felony created by the 23rd of

Elizabeth; the former of which, especially, must strike every reader of

the trial as one of the gross judicial iniquities of this reign. But,

before this sanguinary statute was enacted, a punishment of uncommon

severity had been inflicted upon one Stubbe, a puritan lawyer, for a

pamphlet against the queen's intended marriage with the Duke of Anjou.

It will be in the recollection of most of my readers that, in the year

1579, Elizabeth exposed herself to much censure and ridicule, and

inspired the justest alarm in her most faithful subjects, by

entertaining, at the age of forty-six, the proposals of this young scion

of the house of Valois. Her council, though several of them in their

deliberations had much inclined against the preposterous alliance, yet

in the end, displaying the compliance usual with the servants of

self-willed princes, agreed, "conceiving," as they say, "her earnest

disposition for this her marriage," to further it with all their power.

Sir Philip Sidney, with more real loyalty, wrote her a spirited

remonstrance, which she had the magnanimity never to resent.[372] But

she poured her indignation on Stubbe, who, not entitled to use a

private address, had ventured to arouse a popular cry in his "Gaping

Gulph, in which England will be swallowed up by the French Marriage."

This pamphlet is very far from being, what some have ignorantly or

unjustly called it, a virulent libel; but is written in a sensible

manner, and with unfeigned loyalty and affection towards the queen. But,

besides the main offence of addressing the people on state affairs, he

had, in the simplicity of his heart, thrown out many allusions proper to

hurt her pride, such as dwelling too long on the influence her husband

would acquire over her, and imploring that she would ask her physicians

whether to bear children at her years would not be highly dangerous to

her life. Stubbe, for writing this pamphlet, received sentence to have

his right hand cut off. When the penalty was inflicted, taking off his

hat with his left, he exclaimed, Long live Queen Elizabeth! Burleigh,

who knew that his fidelity had borne so rude a test, employed him

afterwards in answering some of the popish libellers.[373]

There is no room for wonder at any verdict that could be returned by a

jury, when we consider what means the government possessed of securing

it. The sheriff returned a pannel, either according to express

directions, of which we have proofs, or to what he judged himself of the

crown's intention and interest.[374] If a verdict had gone against the

prosecution in a matter of moment, the jurors must have laid their

account with appearing before the star-chamber; lucky, if they should

escape, on humble retractation, with sharp words, instead of enormous

fines and indefinite imprisonment. The control of this arbitrary

tribunal bound down and rendered impotent all the minor jurisdictions.

That primaeval institution, those inquests by twelve true men, the

unadulterated voice of the people responsible alone to God and their

conscience, which should have been heard in the sanctuaries of justice,

as fountains springing fresh from the lap of earth, became, like waters

constrained in their course by art, stagnant and impure. Until this

weight that hung upon the constitution should be taken off, there was

literally no prospect of enjoying with security those civil privileges

which it held forth.[375]

_Illegal commitments._--It cannot be too frequently repeated, that no

power of arbitrary detention has ever been known to our constitution

since the charter obtained at Runnymede. The writ of habeas corpus has

always been a matter of right. But as may naturally be imagined, no

right of the subject, in his relation to the Crown, was preserved with

greater difficulty. Not only the privy council in general arrogated to

itself a power of discretionary imprisonment, into which no inferior

court was to enquire, but commitments by a single counsellor appear to

have been frequent. These abuses gave rise to a remarkable complaint of

the judges, which, though an authentic recognition of the privilege of

personal freedom against such irregular and oppressive acts of

individual ministers, must be admitted to leave by far too great

latitude to the executive government, and to surrender, at least by

implication from rather obscure language, a great part of the liberties

which many statutes had confirmed.[376] This is contained in a passage

from Chief Justice Anderson's _Reports_. But as there is an original

manuscript in the British Museum, differing in some material points from

the print, I shall follow it in preference.[377]

_Remonstrance of judges against them._--"To the Rt. Hon. our very good

lords Sir Chr. Hatton, of the honourable order of the garter knight, and

chancellor of England, and Sir W. Cecill of the hon. order of the garter

knight, Lord Burleigh, lord high treasurer of England,--We her majesty's

justices, of both benches, and barons of the exchequer, do desire your

lordships that by your good means such order may be taken that her

highness's subjects may not be committed or detained in prison, by

commandment of any nobleman or counsellor, against the laws of the

realm, to the grievous charges and oppression of her majesty's said

subjects: Or else help us to have access to her majesty, to be suitors

unto her highness for the same; for divers have been imprisoned for

suing ordinary actions, and suits at the common law, until they will

leave the same, or against their wills put their matter to order,

although some time it be after judgment and accusation.

"Item: Others have been committed and detained in prison upon such

commandment against the law; and upon the queen's writ in that behalf,

no cause sufficient hath been certified or returned.

"Item: Some of the parties so committed and detained in prison after

they have, by the queen's writ, been lawfully discharged in court, have

been eftsoones recommitted to prison in secret places, and not in common

and ordinary known prisons, as the Marshalsea, Fleet, King's Bench,

Gatehouse, nor the custodie of any sheriff, so as upon complaint made

for their delivery, the queen's court cannot learn to whom to award her

majesty's writ, without which justice cannot be done.

"Item: Divers serjeants of London and officers have been many times

committed to prison for lawful execution of her majesty's writs out of

the King's Bench, Common Pleas, and other courts, to their great charges

and oppression, whereby they are put in such fear as they dare not

execute the queen's process.

"Item: Divers have been sent for by pursuivants for private causes, some

of them dwelling far distant from London, and compelled to pay to the

pursuivants great sums of money against the law, and have been committed

to prison till they would release the lawful benefit of their suits,

judgments, or executions for remedie, in which behalf we are almost

daily called upon to minister justice according to law, whereunto we are

bound by our office and oath.

"And whereas it pleased your lordships to will divers of us to set down

when a prisoner sent to custody by her majesty, her council, or some one

or two of them, is to be detained in prison, and not to be delivered by

her majesty's courts or judges:

"We think that, if any person shall be committed by her majesty's

special commandment, or by order from the council-board, or for treason

touching her majesty's person (a word of five letters follows, illegible

to me), which causes being generally returned into any court, is good

cause for the same court to leave the person committed in custody.

"But if any person shall be committed for any other cause, then the same

ought specially to be returned."

This paper bears the original signatures of eleven judges. It has no

date, but is indorsed 5 June 1591. In the printed report, it is said to

have been delivered in Easter term 34 Eliz., that is, in 1592. The

Chancellor Hatton, whose name is mentioned, died in November 1591; so

that, if there is no mistake, this must have been delivered a second

time, after undergoing the revision of the judges. And in fact the

differences are far too material to have proceeded from accidental

carelessness in transcription. The latter copy is fuller, and on the

whole more perspicuous, than the manuscript I have followed; but in one

or two places it will be better understood by comparison with it.

_Proclamations unwarranted by law._--It was a natural consequence, not

more of the high notions entertained of prerogative than of the very

irregular and infrequent meeting of parliament, that an extensive and

somewhat indefinite authority should be arrogated to proclamations of

the king in council. Temporary ordinances, bordering at least on

legislative authority, grow out of the varying exigencies of civil

society, and will by very necessity be put up with in silence, wherever

the constitution of the commonwealth does not, directly or in effect,

provide for frequent assemblies of the body in whom the right of making

or consenting to laws has been vested. Since the English constitution

has reached its zenith, we have endeavoured to provide a remedy by

statute for every possible mischief or inconvenience; and if this has

swollen our code to an enormous redundance, till, in the labyrinth of

written law, we almost feel again the uncertainties of arbitrary power,

it has at least put an end to such exertions of prerogative as fell at

once on the persons and properties of whole classes. It seems by the

proclamations issued under Elizabeth, that the Crown claimed a sort of

supplemental right of legislation, to perfect and carry into effect

what the spirit of existing laws might require, as well as a paramount

supremacy, called sometimes the king's absolute or sovereign power,

which sanctioned commands beyond the legal prerogative, for the sake of

public safety, whenever the council might judge that to be in hazard.

Thus we find anabaptists, without distinction of natives or aliens,

banished the realm; Irishmen commanded to depart into Ireland; the

culture of woad,[378] and the exportation of corn, money, and various

commodities, prohibited; the excess of apparel restrained. A

proclamation in 1580 forbids the erection of houses within three miles

of London, on account of the too great increase of the city, under the

penalty of imprisonment and forfeiture of the materials.[379] This is

repeated at other times, and lastly (I mean during her reign) in 1602,

with additional restrictions.[380] Some proclamations in this reign hold

out menaces, which the common law could never have executed on the

disobedient. To trade with the French king's rebels, or to export

victuals into the Spanish dominions (the latter of which might possibly

be construed into assisting the queen's enemies) incurred the penalty of

treason. And persons having in their possession goods taken on the high

seas, which had not paid custom, are enjoined to give them up, on pain

of being punished as felons and pirates.[381] Notwithstanding these

instances, it cannot perhaps be said on the whole that Elizabeth

stretched her authority very outrageously in this respect. Many of her

proclamations, which may at first sight appear illegal, are warrantable

by statutes then in force, or by ancient precedents. Thus the council is

empowered by an act (28 H. 8, c. 14) to fix the prices of wines; and

abstinence from flesh in Lent, as well as on Fridays and Saturdays (a

common subject of Elizabeth's proclamations), is enjoined by several

statutes of Edward VI. and of her own.[382] And it has been argued by

some not at all inclined to diminish any popular rights, that the king

did possess a prerogative by common law of restraining the export of

corn and other commodities.[383]

_Restrictions on printing._--It is natural to suppose that a government

thus arbitrary and vigilant must have looked with extreme jealousy on

the diffusion of free enquiry through the press. The trades of printing

and bookselling, in fact, though not absolutely licensed, were always

subject to a sort of peculiar superintendence. Besides protecting the

copyright of authors,[384] the council frequently issued proclamations

to restrain the importation of books, or to regulate their sale.[385] It

was penal to utter, or so much as to possess, even the most learned

works on the catholic side; or if some connivance was usual in favour of

educated men, the utmost strictness was used in suppressing that light

infantry of literature, the smart and vigorous pamphlets with which the

two parties arrayed against the church assaulted her opposite

flanks.[386] Stowe, the well-known chronicler of England, who lay under

suspicion of an attachment to popery, had his library searched by

warrant, and his unlawful books taken away; several of which were but

materials for his history.[387] Whitgift, in this, as in every other

respect, aggravated the rigour of preceding times. At his instigation,

the star-chamber, in 1585, published ordinances for the regulation of

the press. The preface of these recites enormities and abuses of

disorderly persons professing the art of printing and selling books to

have more and more increased in spite of the ordinances made against

them, which it attributes to the inadequacy of the penalties hitherto

inflicted. Every printer therefore is enjoined to certify his presses to

the Stationers' Company, on pain of having them defaced, and suffering a

year's imprisonment. None to print at all, under similar penalties,

except in London, and one in each of the two universities. No printer

who has only set up his trade within six months to exercise it any

longer, nor any to begin it in future, until the excessive multitude of

printers be diminished, and brought to such a number as the Archbishop

of Canterbury and Bishop of London for the time being shall think

convenient; but, whenever any addition to the number of master printers

shall be required, the Stationers' Company shall select proper persons

to use that calling with the approbation of the ecclesiastical

commissioners. None to print any book, matter, or thing whatsoever,

until it shall have been first seen, perused, and allowed by the

Archbishop of Canterbury, or Bishop of London, except the queen's

printer, to be appointed for some special service, or law-printers, who

shall require the licence only of the chief justices. Every one selling

books printed contrary to the intent of this ordinance, to suffer three

months' imprisonment. The Stationers' Company empowered to search houses

and shops of printers and booksellers, and to seize all books printed in

contravention of this ordinance, to destroy and deface the presses, and

to arrest and bring before the council those who shall have offended

therein.[388]

The forms of English law, however inadequate to defend the subject in

state prosecutions, imposed a degree of seeming restraint on the Crown,

and wounded that pride which is commonly a yet stronger sentiment than

the lust of power, with princes and their counsellors. It was possible

that juries might absolve a prisoner; it was always necessary that they

should be the arbiters of his fate. Delays too were interposed by the

regular process; not such, perhaps, as the life of man should require,

yet enough to weaken the terrors of summary punishment. Kings love to

display the divinity with which their flatterers invest them, in nothing

so much as the instantaneous execution of their will; and to stand

revealed, as it were, in the storm and thunderbolt, when their power

breaks through the operation of secondary causes, and awes a prostrate

nation without the intervention of law. There may indeed be times of

pressing danger, when the conservation of all demands the sacrifice of

the legal rights of a few; there may be circumstances that not only

justify, but compel, the temporary abandonment of constitutional forms.

It has been usual for all governments, during an actual rebellion, to

proclaim martial law, or the suspension of civil jurisdiction. And this

anomaly, I must admit, is very far from being less indispensable at such

unhappy seasons, in countries where the ordinary mode of trial is by

jury, than where the right of decision resides in the judge. But it is

of high importance to watch with extreme jealousy the disposition,

towards which most governments are prone, to introduce too soon, to

extend too far, to retain too long, so perilous a remedy. In the

fourteenth and fifteenth centuries, the court of the constable and

marshal, whose jurisdiction was considered as of a military nature, and

whose proceedings were not according to the course of the common law,

sometimes tried offenders by what was called martial law, but only, I

believe, either during, or not long after, a serious rebellion. This

tribunal fell into disuse under the Tudors. But Mary had executed some

of those taken in Wyatt's insurrection without regular process, though

their leader had his trial by a jury. Elizabeth, always hasty in passion

and quick to punish, would have resorted to this summary course on a

slighter occasion. One Pete Burchell, a fanatical puritan, and perhaps

insane, conceiving that Sir Christopher Hatton was an enemy to true

religion, determined to assassinate him. But by mistake he wounded

instead a famous seaman, Captain Hawkins. For this ordinary crime, the

queen could hardly be prevented from directing him to be tried instantly

by martial law. Her council, however (and this it is important to

observe), resisted this illegal proposition with spirit and

success.[389] We have indeed a proclamation some years afterwards,

declaring that such as brought into the kingdom or dispersed papal

bulls, or traitorous libels against the queen, should with all severity

be proceeded against by her majesty's lieutenants or their deputies, by

martial law, and suffer such pains and penalties as they should inflict;

and that none of her said lieutenants or their deputies be any wise

impeached, in body, lands, or goods, at any time hereafter, for anything

to be done or executed in the punishment of any such offender, according

to the said martial law, and the tenor of this proclamation, any law or

statute to the contrary in any wise notwithstanding.[390] This measure,

though by no means constitutional, finds an apology in the circumstances

of the time. It bears date the 1st of July 1588, when within the lapse

of a few days the vast armament of Spain might effect a landing upon our

coasts; and prospectively to a crisis, when the nation, struggling for

life against an invader's grasp, could not afford the protection of law

to domestic traitors. But it is an unhappy consequence of all deviations

from the even course of law, that the forced acts of over-ruling

necessity come to be distorted into precedents to serve the purposes of

arbitrary power.

_Martial law._--No other measure of Elizabeth's reign can be compared,

in point of violence and illegality, to a commission in July 1595,

directed to Sir Thomas Wilford; whereby upon no other allegation than

that there had been of late sundry great unlawful assemblies of a number

of base people in riotous sort, both in the city of London and the

suburbs, for the suppression whereof (for that the insolency of many

desperate offenders is such, that they care not for any ordinary

punishment by imprisonment), it was found necessary to have some such

notable rebellious persons to be speedily suppressed by execution to

death, according to the justice of martial law, he is appointed

provost-marshal, with authority, on notice by the magistrates, to attach

and seize such notable rebellious and incorrigible offenders, and in the

presence of the magistrates to execute them openly on the gallows. The

commission empowers him also "to repair to all common highways near to

the city, which any vagrant persons do haunt, and, with the assistance

of justices and constables, to apprehend all such vagrant and suspected

persons, and them to deliver to the said justices, by them to be

committed and examined of the causes of their wandering, and finding

them notoriously culpable in their unlawful manner of life, as

incorrigible, and so certified by the said justices, to cause to be

executed upon the gallows or gibbet some of them that are so found most

notorious and incorrigible offenders; and some such also of them as

have manifestly broken the peace, since they have been adjudged and

condemned to death for former offences, and had the queen's pardon for

the same."[391]

This peremptory style of superseding the common law was a stretch of

prerogative without an adequate parallel, so far as I know, in any

former period. It is to be remarked, that no tumults had taken place of

any political character or of serious importance, some riotous

apprentices only having committed a few disorders.[392] But rather more

than usual suspicion had been excited about the same time by the

intrigues of the jesuits in favour of Spain, and the queen's advanced

age had begun to renew men's doubts as to the succession. The rapid

increase of London gave evident uneasiness, as the proclamations against

new buildings show, to a very cautious administration, environed by bold

and inveterate enemies, and entirely destitute of regular troops to

withstand a sudden insurrection. Circumstances of which we are ignorant,

I do not question, gave rise to this extraordinary commission. The

executive government in modern times has been invested with a degree of

coercive power to maintain obedience, of which our ancestors, in the

most arbitrary reigns, had no practical experience. If we reflect upon

the multitude of statutes enacted since the days of Elizabeth in order

to restrain and suppress disorder, and above all on the prompt and

certain aid that a disciplined army affords to our civil authorities, we

may be inclined to think that it was rather the weakness than the vigour

of her government which led to its inquisitorial watchfulness and harsh

measures of prevention. We find in an earlier part of her reign an act

of state somewhat of the same character, though not perhaps illegal.

Letters were written to the sheriffs and justices of divers counties in

1569, directing them to apprehend, on a certain night, all vagabonds and

idle persons having no master, nor means of living, and either to commit

them to prison, or pass them to their proper homes. This was repeated

several times; and no less than 13,000 persons were thus apprehended,

chiefly in the north, which, as Strype says, very much broke the

rebellion attempted in that year.[393]

Amidst so many infringements of the freedom of commerce, and with so

precarious an enjoyment of personal liberty, the English subject

continued to pride himself in his immunity from taxation without

consent of parliament. This privilege he had asserted, though not with

constant success, against the rapacity of Henry VII. and the violence of

his son. Nor was it ever disputed in theory by Elizabeth. She retained,

indeed, notwithstanding the complaints of the merchants at her

accession, a custom upon cloths, arbitrarily imposed by her sister, and

laid one herself upon sweet wines. But she made no attempt at levying

internal taxes, except that the clergy were called upon, in 1586, for an

aid not granted in convocation, but assessed by the archdeacon according

to the value of their benefices; to which they naturally showed no

little reluctance.[394] By dint of singular frugality she continued to

steer the true course, so as to keep her popularity undiminished and her

prerogative unimpaired; asking very little of her subjects' money in

parliaments, and being hence enabled both to have long breathing times

between their sessions, and to meet them without coaxing or wrangling;

till, in the latter years of her reign, a foreign war and a rebellion in

Ireland, joined to a rapid depreciation in the value of money, rendered

her demands somewhat higher. But she did not abstain from the ancient

practice of sending privy-seals to borrow money of the wealthy.

_Loans of money not quite voluntary._--These were not considered as

illegal, though plainly forbidden by the statute of Richard III.; for it

was the fashion to set aside the authority of that act, as having been

passed by an usurper. It is impossible to doubt that such loans were so

far obtained by compulsion, that any gentleman or citizen of sufficient

ability refusing compliance would have discovered that it were far

better to part with his money than to incur the council's displeasure.

We have indeed a letter from a lord mayor to the council informing them

that he had committed to prison some citizens for refusing to pay the

money demanded of them.[395] But the queen seems to have been punctual

in their speedy repayment according to stipulation; a virtue somewhat

unusual with royal debtors. Thus we find a proclamation in 1571, that

such as had lent the queen money in the last summer should receive

repayment in November and December.[396] Such loans were but an

anticipation of her regular revenue, and no great hardship on rich

merchants; who, if they got no interest for their money, were

recompensed with knighthoods and gracious words. And as Elizabeth

incurred no debt till near the conclusion of her reign, it is probable

that she never had borrowed more than she was sure to repay.

A letter quoted by Hume from Lord Burleigh's papers, though not written

by him, as the historian asserts, and somewhat obscure in its purport,

appears to warrant the conclusion that he had revolved in his mind some

project of raising money by a general contribution or benevolence from

persons of ability, without purpose of repayment. This was also amidst

the difficulties of the year 1569, when Cecil perhaps might be afraid of

meeting parliament, on account of the factions leagued against himself.

But as nothing further was done in this matter, we must presume that he

perceived the impracticability of so unconstitutional a scheme.[397]

_Character of Lord Burleigh's administration._--Those whose curiosity

has led them to somewhat more acquaintance with the details of English

history under Elizabeth than the pages of Camden or Hume will afford,

cannot but have been struck with the perpetual interference of men in

power with matters of private concern. I am far from pretending to know

how far the solicitations for a prime minister's aid and influence may

extend at present. Yet one may think that he would hardly be employed,

like Cecil, where he had no personal connection, in reconciling family

quarrels, interceding with a landlord for his tenant, or persuading a

rich citizen to bestow his daughter on a young lord. We are sure, at

least, that he would not use the air of authority upon such occasions.

The vast collection of Lord Burleigh's letters in the Museum is full of

such petty matters, too insignificant, for the most part, to be

mentioned even by Strype.[398] They exhibit, however, collectively, a

curious view of the manner in which England was managed, as if it had

been the household and estate of a nobleman under a strict and prying

steward. We are told that the relaxation of this minister's mind was to

study the state of England and the pedigrees of its nobility and gentry:

of these last he drew whole books with his own hands; so that he was

better versed in descents and families than most of the heralds, and

would often surprise persons of distinction at his table by appearing

better acquainted with their manors, parks, and woods, than

themselves.[399] Such knowledge was not sought by the crafty Cecil for

mere diversion's sake. It was a main part of his system to keep alive in

the English gentry a persuasion that his eye was upon them. No minister

was ever more exempt from that false security which is the usual

weakness of a court. His failing was rather a bias towards suspicion and

timidity; there were times, at least, in which his strength of mind

seems to have almost deserted him, through sense of the perils of his

sovereign and country. But those perils appear less to us, who know how

the vessel outrode them, than they could do to one harassed by continual

informations of those numerous spies whom he employed both at home and

abroad. The one word of Burleigh's policy was prevention; and this was

dictated by a consciousness of wanting an armed force or money to

support it, as well as by some uncertainty as to the public spirit, in

respect at least of religion. But a government that directs its chief

attention to prevent offences against itself, is in its very nature

incompatible with that absence of restraint, that immunity from

suspicion, in which civil liberty, as a tangible possession, may be said

to consist. It appears probable, that Elizabeth's administration carried

too far, even as a matter of policy, this precautionary system upon

which they founded the penal code against popery; and we may surely

point to a contrast very advantageous to our modern constitution, in the

lenient treatment which the Jacobite faction experienced from the

princes of the house of Hanover. She reigned however in a period of real

difficulty and danger. At such seasons, few ministers will abstain from

arbitrary actions, except those who are not strong enough to practise

them.

_Disposition of the House of Commons._--I have traced, in another work,

the acquisition by the House of Commons of a practical right to enquire

into and advise upon the public administration of affairs, during the

reigns of Edward III., Richard II., and the princes of the line of

Lancaster. This energy of parliament was quelled by the civil wars of

the fifteenth century; and, whatever may have passed in debates within

its walls that have not been preserved, did not often display itself in

any overt act under the first Tudors. To grant subsidies which could

not be raised by any other course, to propose statutes which were not

binding without their consent, to consider of public grievances, and

procure their redress, either by law or petition to the Crown, were

their acknowledged constitutional privileges, which no sovereign or

minister ever pretended to deny. For this end liberty of speech and free

access to the royal person were claimed by the speaker as customary

privileges (though not quite, in his modern language, as undoubted

rights), at the commencement of every parliament. But the House of

Commons in Elizabeth's reign contained men of a bold and steady

patriotism, well read in the laws and records of old time, sensible to

the dangers of their country and abuses of government, and conscious

that it was their privilege and their duty to watch over the common

weal. This led to several conflicts between the crown and parliament;

wherein, if the former often asserted the victory, the latter sometimes

kept the field, and was left on the whole a gainer at the close of the

campaign.

It would surely be erroneous to conceive, that many acts of government

in the four preceding reigns had not appeared at the time arbitrary and

unconstitutional. If indeed we are not mistaken in judging them

according to the ancient law, they must have been viewed in the same

light by contemporaries, who were full as able to try them by that

standard. But, to repeat what I have once before said, the extant

documents from which we draw our knowledge of constitutional history

under those reigns are so scanty, that instances even of a successful

parliamentary resistance to measures of the Crown may have left no

memorial. The debates of parliament are not preserved, and very little

is to be gained from such histories as the age produced. The complete

barrenness indeed of Elizabeth's chroniclers, Holingshed and Thin, as to

every parliamentary or constitutional information, speaks of itself the

jealous tone of her administration. Camden, writing to the next

generation, though far from an ingenuous historian, is somewhat less

under restraint. This forced silence of history is much more to be

suspected after the use of printing and the reformation, than in the

ages when monks compiled annals in their convents, reckless of the

censure of courts, because independent of their permission. Grosser

ignorance of public transactions is undoubtedly found in the chronicles

of the middle ages; but far less of that deliberate mendacity, or of

that insidious suppression, by which fear, and flattery, and hatred, and

the thirst of gain, have, since the invention of printing, corrupted so

much of historical literature throughout Europe. We begin however to

find in Elizabeth's reign more copious and unquestionable documents for

parliamentary history. The regular journals indeed are partly lost; nor

would those which remain give us a sufficient insight into the spirit of

parliament, without the aid of other sources. But a volume called Sir

Simon D'Ewes's journal, part of which is copied from a manuscript of

Heywood Townsend, a member of all parliaments from 1580 to 1601,

contains minutes of the most interesting debates as well as

transactions, and for the first time renders us acquainted with the

names of those who swayed an English House of Commons.[400]

_Addresses concerning the succession._--There was no peril more alarming

to this kingdom during the queen's reign than the precariousness of her

life--a thread whereon its tranquillity, if not its religion and

independence, was suspended. Hence the Commons felt it an imperious duty

not only to recommend her to marry, but, when this was delayed, to

solicit that some limitations of the Crown might be enacted, in failure

of her issue. The former request she evaded without ever manifesting

much displeasure, though not sparing a hint that it was a little beyond

the province of parliament. Upon the last occasion, indeed, that it was

preferred, namely, by the speaker in 1575, she gave what from any other

woman must have appeared an assent, and almost a promise. But about

declaring the succession she was always very sensible. Through a policy

not perhaps entirely selfish, and certainly not erroneous on selfish

principles, she was determined never to pronounce among the possible

competitors for the throne. Least of all could she brook the

intermeddling of parliament in such a concern. The Commons first took up

this business in 1562, when there had begun to be much debate in the

nation about the opposite titles of the Queen of Scots and Lady

Catherine Grey; and especially in consequence of a dangerous sickness

the queen had just experienced, and which is said to have been the cause

of summoning parliament. Their language is wary, praying her only by

"proclamation of certainty already provided, if any such be," alluding

to the will of Henry VIII., "or else by limitations of certainty, if

none be, to provide a most gracious remedy in this great

necessity;"[401] offering at the same time to concur in provisions to

guarantee her personal safety against any one who might be limited in

remainder. Elizabeth gave them a tolerably courteous answer, though not

without some intimation of her dislike to this address.[402] But at

their next meeting, which was not till 1566, the hope of her own

marriage having grown fainter, and the circumstances of the kingdom

still more powerfully demanding some security, both houses of parliament

united, with a boldness of which there had perhaps been no example for

more than a hundred years, to overcome her repugnance. Some of her own

council among the peers are said to have asserted in their places that

the queen ought to be obliged to take a husband, or that a successor

should be declared by parliament against her will. She was charged with

a disregard to the state and to posterity. She would prove, in the

uncourtly phrase of some sturdy members of the lower house, a

step-mother to her country, as being seemingly desirous that England,

which lived as it were in her, should rather expire with than survive

her; that kings can only gain the affections of their subjects by

providing for their welfare both while they live and after their deaths;

nor did any but princes hated by their subjects, or faint-hearted women,

ever stand in fear of their successors.[403] But this great princess

wanted not skill and courage to resist this unusual importunity of

parliament. The peers, who had forgotten their customary respectfulness,

were excluded the presence-chamber till they made their submission. She

prevailed on the Commons, through her ministers who sat there, to join a

request for her marriage with the more unpalatable alternative of naming

her successor; and when this request was presented, gave them fair

words, and a sort of assurance that their desires should by some means

be fulfilled.[404] When they continued to dwell on the same topic in

their speeches, she sent messages through her ministers, and at length a

positive injunction through the speaker, that they should proceed no

further in the business. The house however was not in a temper for such

ready acquiescence as it sometimes displayed. Paul Wentworth, a bold and

plain-spoken man, moved to know whether the queen's command and

inhibition that they should no longer dispute of the matter of

succession, were not against their liberties and privileges. This

caused, as we are told, long debates; which do not appear to have

terminated in any resolution.[405] But, more probably having passed than

we know at present, the queen, whose haughty temper and tenaciousness of

prerogative were always within check of her discretion, several days

after announced through the speaker, that she revoked her two former

commandments; "which revocation," says the journal, "was taken by the

house most joyfully, with hearty prayer and thanks for the same." At the

dissolution of this parliament, which was perhaps determined upon in

consequence of their steadiness, Elizabeth alluded in addressing them

with no small bitterness to what had occurred.[406]

This is the most serious disagreement on record between the Crown and

the Commons since the days of Richard II. and Henry IV. Doubtless the

queen's indignation was excited by the nature of the subject her

parliament ventured to discuss, still more than by her general

disapprobation of their interference in matters of state. It was an

endeavour to penetrate the great secret of her reign, in preserving

which she conceived her peace, dignity, and personal safety to be bound

up. There were, in her opinion, as she intimates in her speech at

closing the session, some underhand movers of this intrigue (whether of

the Scots or Suffolk faction does not appear), who were more to blame

than even the speakers in parliament. And if, as Cecil seems justly to

have thought, no limitations of the Crown could at that time have been

effected without much peril and inconvenience, we may find some apology

for her warmth about their precipitation in a business, which, even

according to our present constitutional usage, it would naturally be for

the government to bring forward. It is to be collected from Wentworth's

motion, that to deliberate on subjects affecting the commonwealth was

reckoned, by at least a large part of the House of Commons, one of their

ancient privileges and liberties. This was not one which Elizabeth,

however she had yielded for the moment in revoking her prohibition, ever

designed to concede to them. Such was her frugality, that, although she

had remitted a subsidy granted in this session, alleging the very

honourable reason that, knowing it to have been voted in expectation of

some settlement of the succession, she would not accept it when that

implied condition had not been fulfilled, she was able to pass five

years without again convoking her people.

_Session of 1571._--A parliament met in April 1571, when the lord keeper

Bacon,[407] in answer to the speaker's customary request for freedom of

speech in the Commons, said that "her majesty having experience of late

of some disorder and certain offences, which, though they were not

punished, yet were they offences still, and so must be accounted, they

would therefore do well to meddle with no matters of state, but such as

should be propounded unto them, and to occupy themselves in other

matters concerning the commonwealth."

_Influence of the puritans in parliament._--The Commons so far attended

to this intimation, that no proceedings about the succession appear to

have taken place in this parliament, except such as were calculated to

gratify the queen. We may perhaps except a bill attainting the Queen of

Scots, which was rejected in the upper house. But they entered for the

first time on a new topic, which did not cease for the rest of this

reign to furnish matter of contention with their sovereign. The party

called puritan, including such as charged abuses on the actual

government of the church, as well as those who objected to part of its

lawful discipline, had, not a little in consequence of the absolute

exclusion of the catholic gentry, obtained a very considerable strength

in the Commons. But the queen valued her ecclesiastical supremacy more

than any part of her prerogative. Next to the succession of the Crown,

it was the point she could least endure to be touched. The house had

indeed resolved, upon reading a bill the first time for reformation of

the common prayer, that petition be made to the queen's majesty for her

licence to proceed in it, before it should be further dealt in. But

Strickland, who had proposed it, was sent for to the council, and

restrained from appearing again in his place, though put under no

confinement. This was noticed as an infringement of their liberties. The

ministers endeavoured to excuse his detention, as not intended to lead

to any severity, nor occasioned by anything spoken in that house, but on

account of his introducing a bill against the prerogative of the queen,

which was not to be tolerated. And instances were quoted of

animadversion or speeches made in parliament. But Mr. Yelverton

maintained that all matters not treasonable, nor too much to the

derogation of the imperial Crown, were tolerable there, where all things

came to be considered, and where there was such fulness of power as

even the right of the Crown was to be determined, which it would be high

treason to deny. Princes were to have their prerogatives, but yet to be

confined within reasonable limits. The queen could not of herself make

laws, neither could she break them. This was the true voice of English

liberty, not so new to men's ears as Hume has imagined, though many

there were who would not forfeit the court's favour by uttering it. Such

speeches as the historian has quoted of Sir Humphry Gilbert, and many

such may be found in the proceedings of this reign, are rather directed

to intimidate the house by exaggerating their inability to contend with

the Crown, than to prove the law of the land to be against them. In the

present affair of Strickland, it became so evident that the Commons

would at least address the queen to restore him, that she adopted the

course her usual prudence indicated, and permitted his return to his

house. But she took the reformation of ecclesiastical abuses out of

their hands, sending word that she would have some articles for that

purpose executed by the bishops under her royal supremacy, and not dealt

in by parliament. This did not prevent the Commons from proceeding to

send up some bills in the upper house, where, as was natural to expect,

they fell to the ground.[408]

This session is also remarkable for the first marked complaints against

some notorious abuses, which defaced the civil government of

Elizabeth.[409] A member having rather prematurely suggested the offer

of a subsidy, several complaints were made of irregular and oppressive

practices, and Mr. Bell said, that licences granted by the Crown and

other abuses galled the people, intimating also, that the subsidy should

be accompanied by a redress of grievances.[410] This occasion of

introducing the subject, though strictly constitutional, was likely to

cause displeasure. The speaker informed them a few days after of a

message from the queen to spend little time in motions, and make no long

speeches.[411] And Bell, it appears, having been sent for by the

council, came into the house "with such an amazed countenance, that it

daunted all the rest," who for many days durst not enter on any matter

of importance.[412] It became the common whisper, that no one must

speak against licences, lest the queen and council should be angry. And

at the close of the session, the lord keeper severely reprimanded those

audacious, arrogant, and presumptuous members who had called her

majesty's grants and prerogatives in question, meddling with matters

neither pertaining to them, nor within the capacity of their

understanding.[413]

The parliament of 1572 seemed to give evidence of their inheriting the

spirit of the last by choosing Mr. Bell for their speaker.[414] But very

little of it appeared in their proceedings. In their first short

session, chiefly occupied by the business of the Queen of Scots, the

most remarkable circumstances are the following. The Commons were

desirous of absolutely excluding Mary from inheriting the crown, and

even of taking away her life, and had prepared bills with this intent.

But Elizabeth, constant to her mysterious policy, made one of her

ministers inform them that she would neither have the Queen of Scots

enabled nor disabled to succeed, and willed that the bill respecting her

should be drawn by her council: and that, in the meantime, the house

should not enter on any speeches or arguments on that matter.[415]

Another circumstance worthy of note in this session is a signification,

through the speaker, of her majesty's pleasure that no bills concerning

religion should be received, unless they should be first considered and

approved by the clergy, and requiring to see certain bills touching

rites and ceremonies that had been read in the house. The bills were

accordingly ordered to be delivered to her, with a humble prayer that,

if she should dislike them, she would not conceive an ill opinion of the

house, or of the parties by whom they were preferred.[416]

_Speech of Mr. Wentworth in 1576._--The submissiveness of this

parliament was doubtless owing to the queen's vigorous dealings with the

last. At their next meeting, which was not till February 1575-6, Peter

Wentworth, brother, I believe, of the person of that name before

mentioned, broke out, in a speech of uncommon boldness, against her

arbitrary encroachments on their privileges. The liberty of free

speech, he said, had in the two last sessions been so many ways

infringed, that they were in danger, while they contented themselves

with the name, of losing and foregoing the thing. It was common for a

rumour to spread through that house, "the queen likes or dislikes such a

matter; beware what you do." Messages were even sometimes brought down,

either commanding or inhibiting, very injurious to the liberty of

debate. He instanced that in the last session, restraining the house

from dealing in matters of religion; against which and against the

prelates he inveighed with great acrimony. With still greater

indignation he spoke of the queen's refusal to assent to the attainder

of Mary, and after surprising the house by the bold words, "none is

without fault, no not our noble queen, but has committed great and

dangerous faults to herself," went on to tax her with ingratitude and

unkindness to her subjects, in a strain perfectly free indeed from

disaffection, but of more rude censure than any kings would put up

with.[417]

This direct attack upon the sovereign, in matters relating to her public

administration, seems no doubt unparliamentary; though neither the rules

of parliament in this respect, nor even the constitutional principle,

were so strictly understood as at present. But it was part of

Elizabeth's character to render herself extremely prominent, and, as it

were, responsible in public esteem, for every important measure of her

government. It was difficult to consider a queen as acting merely by the

advice of ministers, who protested in parliament that they had laboured

in vain to bend her heart to their councils. The doctrine that some one

must be responsible for every act of the Crown was yet perfectly

unknown; and Elizabeth would have been the last to adopt a system so

inglorious to monarchy. But Wentworth had gone to a length which alarmed

the House of Commons. They judged it expedient to prevent an unpleasant

interference by sequestering their member, and appointing a committee of

all the privy counsellors in the house to examine him. Wentworth

declined their authority, till they assured him that they sat as members

of the Commons, and not as counsellors. After a long examination, in

which he not only behaved with intrepidity, but, according to his own

statement, reduced them to confess the truth of all he advanced, they

made a report to the house, who committed him to the Tower. He had lain

there a month when the queen sent word that she remitted her

displeasure towards him, and referred his enlargement to the house, who

released him upon a reprimand from the speaker, and an acknowledgment of

his fault upon his knees.[418] In this commitment of Wentworth, it can

hardly be said that there was anything, as to the main point, by which

the house sacrificed its acknowledged privileges. In later instances,

and even in the reign of George I., members have been committed for much

less indecent reflections on the sovereign. The queen had no reason upon

the whole to be ill-pleased with this parliament, nor was she in haste

to dissolve it, though there was a long intermission of its sessions.

The next was in 1581, when the chancellor, on confirming a new speaker,

did not fail to admonish him that the House of Commons should not

intermeddle in anything touching her majesty's person or estate, or

church government. They were supposed to disobey this injunction and

fell under the queen's displeasure, by appointing a public fast on their

own authority, though to be enforced on none but themselves. This

trifling resolution, which showed indeed a little of the puritan spirit,

passed for an encroachment on the supremacy, and was only expiated by a

humble apology.[419] It is not till the month of February 1587-8, that

the zeal for ecclesiastical reformation overcame in some measure the

terrors of power, but with no better success than before. A Mr. Cope

offered to the house, we are informed, a bill and a book, the former

annulling all laws respecting ecclesiastical government then in force,

and establishing a certain new form of common prayer contained in the

latter. The speaker interposed to prevent this bill from being read, on

the ground that her majesty had commanded them not to meddle in this

matter. Several members however spoke in favour of hearing it read, and

the day passed in debate on this subject. Before they met again, the

queen sent for the speaker, who delivered up to her the bill and book.

Next time that the house sat, Mr. Wentworth insisted that some questions

of his proposing should be read. These queries were to the following

purport: Whether this council was not a place for any member of the

same, freely and without control, by bill or speech, to utter any of the

griefs of this commonwealth? Whether there be any council that can make,

add, or diminish from the laws of the realm, but only this council of

parliament? Whether it be not against the orders of this council to make

any secret or matter of weight, which is here in hand, known to the

prince or any other, without consent of the house? Whether the speaker

may overrule the house in any matter or cause in question? Whether the

prince and state can continue and stand, and be maintained without this

council of parliament, not altering the government of the state? These

questions Serjeant Pickering, the speaker, instead of reading them to

the house, showed to a courtier, through whose means Wentworth was

committed to the Tower. Mr. Cope, and those who had spoken in favour of

his motion, underwent the same fate; and notwithstanding some notice

taken of it in the house, it does not appear that they were set at

liberty before its dissolution, which ensued in three weeks.[420] Yet

the Commons were so set on displaying an ineffectual hankering after

reform, that they appointed a committee to address the queen for a

learned ministry.

_The Commons continue to seek redress of ecclesiastical grievances._--At

the beginning of the next parliament, which met in 1588-9, the speaker

received an admonition that the house were not to extend their

privileges to any irreverent or misbecoming speech. In this session Mr.

Damport, we are informed by D'Ewes,[421] moved neither for making of any

new laws, nor for abrogating of any old ones, but for a due course of

proceeding in laws already established, but executed by some

ecclesiastical governors contrary both to their purport and the intent

of the legislature, which he proposed to bring into discussion. So

cautious a motion saved its author from the punishment which had

attended Mr. Cope for his more radical reform; but the secretary of

state, reminding the house of the queen's express inhibition from

dealing with ecclesiastical causes, declared to them by the chancellor

at the commencement of the session (in a speech which does not appear),

prevented them from taking any further notice of Mr. Damport's motion.

They narrowly escaped Elizabeth's displeasure in attacking some civil

abuses. Sir Edward Hobby brought in a bill to prevent certain exactions

made for their own profit by the officers of the exchequer. Two days

after he complained that he had been very sharply rebuked by some great

personage, not a member of the house, for his speech on that occasion.

But instead of testifying indignation at this breach of their

privileges, neither he nor the house thought of any further redress than

by exculpating him to this great personage, apparently one of the

ministers, and admonishing their members not to repeat elsewhere

anything uttered in their debates.[422] For the bill itself, as well as

one intended to restrain the flagrant abuses of purveyance, they both

were passed to the Lords. But the queen sent a message to the upper

house, expressing her dislike of them, as meddling with abuses, which,

if they existed, she was both able and willing to repress; and this

having been formally communicated to the Commons, they appointed a

committee to search for precedents in order to satisfy her majesty about

their proceedings. They received afterwards a gracious answer to their

address, the queen declaring her willingness to afford a remedy for the

alleged grievances.[423]

Elizabeth, whose reputation for consistency, which haughty princes

overvalue, was engaged in protecting the established hierarchy, must

have experienced not a little vexation at the perpetual recurrence of

complaints which the unpopularity of that order drew from every

parliament. The speaker of that summoned in 1593 received for answer to

his request of liberty of speech, that it was granted, "but not to speak

every one what he listeth, or what cometh into his brain to utter; their

privilege was aye or no. Wherefore, Mr. Speaker," continues the lord

keeper Pickering, himself speaker in the parliament of 1588, "her

majesty's pleasure is, that if you perceive any idle heads which will

not stick to hazard their own estates, which will meddle with reforming

the church and transforming the commonwealth, and do exhibit such bills

to such purpose, that you receive them not, until they be viewed and

considered by those, who it is fitter should consider of such things,

and can better judge of them." It seems not improbable that this

admonition, which indeed is in no unusual style for this reign, was

suggested by the expectation of some unpleasing debate. For we read that

the very first day of the session, though the Commons had adjourned on

account of the speaker's illness, the unconquerable Peter Wentworth,

with another member, presented a petition to the lord keeper, desiring

the Lords of the upper house to join with them of the lower in imploring

her majesty to entail the succession of the Crown, for which they had

already prepared a bill. This step, which may seem to us rather arrogant

and unparliamentary, drew down, as they must have expected, the queen's

indignation. They were summoned before the council, and committed to

different prisons.[424] A few days afterwards a bill for reforming the

abuses of ecclesiastical courts was presented by Morice, attorney of the

court of wards, and underwent some discussion in the house.[425] But the

queen sent for the speaker, and expressly commanded that no bill

touching matters of state or reformation of causes ecclesiastical should

be exhibited; and if any such should be offered, enjoining him on his

allegiance not to read it.[426] It was the custom at that time for the

speaker to read and expound to the house all the bills that any member

offered. Morice himself was committed to safe custody, from which he

wrote a spirited letter to Lord Burleigh, expressing his sorrow for

having offended the queen, but at the same time his resolution "to

strive," he says, "while his life should last, for freedom of

conscience, public justice, and the liberties of his country."[427] Some

days after a motion was made that, as some places might complain of

paying subsidies, their representatives not having been consulted nor

been present when they were granted, the house should address the queen

to set their members at liberty. But the ministers opposed this, as

likely to hurt those whose good was sought, her majesty being more

likely to release them, if left to her own gracious disposition. It does

not appear however that she did so during the session, which lasted

above a month.[428] We read, on the contrary, in an undoubted authority,

namely, a letter of Antony Bacon to his mother, that "divers gentlemen,

who were of the parliament, and thought to have returned into the

country after the end thereof, were stayed by her majesty's commandment,

for being privy, as it is thought, and consenting to Mr. Wentworth's

motion."[429] Some difficulty was made by this House of Commons about

their grant of subsidies, which was uncommonly large, though rather in

appearance than truth, so great had been the depreciation of silver for

some years past.[430]

_Monopolies, especially in the session of 1601._--The admonitions not to

abuse freedom of speech, which had become almost as much matter of

course as the request for it, were repeated in the ensuing parliaments

of 1597 and 1601. Nothing more remarkable occurs in the former of these

sessions than an address to the queen against the enormous abuse of

monopolies. The Crown either possessed or assumed the prerogative of

regulating almost all matters of commerce at its discretion. Patents to

deal exclusively in particular articles, generally of foreign growth,

but reaching in some instances to such important necessaries of life as

salt, leather, and coal, had been lavishly granted to the courtiers,

with little direct advantage to the revenue. They sold them to companies

of merchants, who of course enhanced the price to the utmost ability of

the purchaser. This business seems to have been purposely protracted by

the ministers and the speaker, who, in this reign, was usually in the

court's interests, till the last day of the session; when, in answer to

his mention of it, the lord keeper said that the queen "hoped her

dutiful and loving subjects would not take away her prerogative, which

is the choicest flower in her garden, and the principal and head pearl

in her crown and diadem; but would rather leave that to her disposition,

promising to examine all patents, and to abide the touchstone of the

law."[431] This answer, though less stern than had been usual, was

merely evasive; and in the session of 1601, a bolder and more successful

attack was made on the administration than this reign had witnessed. The

grievance of monopolies had gone on continually increasing; scarce any

article was exempt from these oppressive patents. When the list of them

was read over in the house, a member exclaimed, "Is not bread among the

number?" The house seemed amazed: "Nay," said he, "if no remedy is found

for these, bread will be there before the next parliament." Every tongue

seemed now unloosed; each as if emulously descanting on the injuries of

the place he represented. It was vain for the courtiers to withstand

this torrent. Raleigh, no small gainer himself by some monopolies, after

making what excuse he could, offered to give them up. Robert Cecil the

secretary, and Bacon, talked loudly of the prerogative, and endeavoured

at least to persuade the house that it would be fitter to proceed by

petition to the queen than by a bill. But it was properly answered, that

nothing had been gained by petitioning in the last parliament. After

four days of eager debate, and more heat than had ever been witnessed,

this ferment was suddenly appeased by one of those well-timed

concessions by which skilful princes spare themselves the mortification

of being overcome. Elizabeth sent down a message that she would revoke

all grants that should be found injurious by fair trial at law: and

Cecil rendered the somewhat ambiguous generality of this expression more

satisfactory by an assurance that the existing patents should all be

repealed, and no more be granted. This victory filled the Commons with

joy, perhaps the more from being rather unexpected.[432] They addressed

the queen with rapturous and hyperbolical acknowledgments, to which she

answered in an affectionate strain, glancing only with an oblique irony

at some of those movers in the debate, whom in her earlier and more

vigorous years she would have keenly reprimanded. She repeated this a

little more plainly at the close of the session, but still with

commendation of the body of the Commons. So altered a tone must be

ascribed partly to the growing spirit she perceived in her subjects, but

partly also to those cares which clouded with listless melancholy the

last scenes of her illustrious life.[433]

The discontent that vented itself against monopolies was not a little

excited by the increasing demands which Elizabeth was compelled to make

upon the Commons in all her latter parliaments. Though it was declared

in the preamble to the subsidy bill of 1593, that "these large and

unusual grants, made to a most excellent princess on a most pressing and

extraordinary occasion, should not at any time hereafter be drawn into a

precedent," yet an equal sum was obtained in 1597, and one still greater

in 1601. But money was always reluctantly given, and the queen's early

frugality had accustomed her subjects to very low taxes; so that the

debates on the supply in 1601, as handed down to us by Townsend, exhibit

a lurking ill-humour, which would find a better occasion to break forth.

_Influence of the Crown in Parliament._--The House of Commons, upon a

review of Elizabeth's reign, was very far, on the one hand, from

exercising those constitutional rights which have long since belonged to

it, or even those which by ancient precedent they might have claimed as

their own; yet, on the other hand, was not quite so servile and

submissive an assembly as an artful historian has represented it. If

many of its members were but creatures of power, if the majority was

often too readily intimidated, if the bold and honest, but not very

judicious, Wentworths were but feebly supported, when their impatience

hurried them beyond their colleagues, there was still a considerable

party sometimes carrying the house along with them, who with patient

resolution and inflexible aim recurred in every session to the assertion

of that one great privilege which their sovereign contested, the right

of parliament to enquire into and suggest a remedy for every public

mischief or danger. It may be remarked, that, the ministers, such as

Knollys, Hatton, and Robert Cecil, not only sat among the Commons, but

took a very leading part in their discussions; a proof that the

influence of argument could no more be dispensed with than that of

power. This, as I conceive, will never be the case in any kingdom where

the assembly of the estates is quite subservient to the Crown. Nor

should we put out of consideration the manner in which the Commons were

composed. Sixty-two members were added at different times by Elizabeth

to the representation; as well from places which had in earlier times

discontinued their franchise, as from those to which it was first

granted;[434] a very large proportion of them petty boroughs, evidently

under the influence of the Crown or peerage. This had been the policy of

her brother and sister, in order to counterbalance the country

gentlemen, and find room for those dependants who had no natural

interest to return them to parliament. The ministry took much pains with

elections, of which many proofs remain.[435] The house accordingly was

filled with placemen, civilians, and common lawyers grasping at

preferment. The slavish tone of these persons, as we collect from the

minutes of D'Ewes, is strikingly contrasted by the manliness of

independent gentlemen. And as the house was by no means very fully

attended, the divisions, a few of which are recorded, running from 200

to 250 in the aggregate, it may be perceived that the court, whose

followers were at hand, would maintain a formidable influence. But this

influence, however pernicious to the integrity of parliament, is

distinguishable from that exertion of almost absolute prerogative, which

Hume has assumed as the sole spring of Elizabeth's government, and would

never be employed till some deficiency of strength was experienced in

the other.

_Debate on election of non-resident burgesses._--D'Ewes has preserved a

somewhat remarkable debate on a bill presented in the session of 1571,

in order to render valid elections of non-resident burgesses. According

to the tenor of the king's writ, confirmed by an act passed under Henry

V., every city and borough was required to elect none but members of

their own community. To this provision, as a seat in the Commons' house

grew more an object of general ambition, while many boroughs fell into

comparative decay, less and less attention had been paid; till, the

greater part of the borough representatives having become strangers, it

was deemed by some expedient to repeal the ancient statute, and give a

sanction to the innovation that time had wrought; while others

contended in favour of the original usage, and seemed anxious to restore

its vigour. It was alleged on the one hand by Mr. Norton that the bill

would take away all pretence for sending unfit men, as was too often

seen, and remove any objection that might be started to the sufficiency

of the present parliament, wherein, for the most part against positive

law, strangers to their several boroughs had been chosen: that persons

able and fit for so great an employment ought to be preferred without

regard to their inhabitancy; since a man could not be presumed to be the

wiser for being a resident burgess: and that the whole body of the

realm, and the service of the same, was rather to be respected than any

private regard of place or person. This is a remarkable, and perhaps the

earliest assertion, of an important constitutional principle, that each

member of the House of Commons is deputed to serve, not only for his

constituents, but for the whole kingdom; a principle which marks the

distinction between a modern English parliament and such deputations of

the estates as were assembled in several continental kingdoms; a

principle to which the House of Commons is indebted for its weight and

dignity, as well as its beneficial efficiency, and which none but the

servile worshippers of the populace are ever found to gainsay. It is

obvious that such a principle could never obtain currency, or even be

advanced on any plausible ground, until the law for the election of

resident burgesses had gone into disuse.

Constitutional History of England, Henry VII to George II. Volume 1 of 3 · 第 9 / 14 章