majefty for the reftitution of them again to the houfe. To which fpeeches Mr. Vice-chamberlain answered, that if the gentlemen were committed for matter within the compass of the privilege of this houfe, then there might be a petition; but if not, then we fhould give occafion to her majefty's farther difpleasure: And therefore advised to stay until they heard more, which could not be long: And farther, he said, touching the book and the petition, her majefty had, for 'diverfe good caufes best known to herself, thought fit to fupprefs the fame, without any farther examination thereof; and yet thought it very unfit for her majesty to give any account of her doings.- But whatfoever Mr. Vice-chamberlain pretended, it is most probable thefe members were committed for intermeddling with matters touching the church, which her majesty had often inhibited, and which had caufed fo much difputation and fo many meetings between the two houses the last parliament."

This is all we find of the matter in Sir Simon D'Ewes and Townsend; and it appears that thofe members who had been committed, were detained in cuftody till the queen thought fit to release them. Thefe queftions of Mr. Wentworth are curious; because they contain fome faint dawnings of the prefent English conftitution; though fuddenly eclipfed by the arbitrary government of Elizabeth. Wentworth was indeed, by his puritanifm, as well as his love of liberty (for thefe 'two characters, of fuch unequal merit, arofe and advanced together) the true forerunner of the Hambdens, the Pyms, and the Hollifes, who, in the next age, with lefs courage, becaufe with lefs danger, rendered their principles fo triumphant. I fhall only afk, whether it be not fufficiently clear, from all these transactions, that in the two fucceeding reigns it was the people who encroached upon the fovereign; not the fovereign, who attempted, as is pretended, to ufurp upon the people?

NOTE, VOL. V. p. 273.

THE queen's Speech in the camp of Tilbury was in thefe words: My loving people, we have been perfuaded by fome, that are careful of our fafety, to take heed how we commit ourselves to armed multitudes, for fear of treachery; but affure you, I do not defire to live to distrust my faithful and loving people: Let tyrants fear: I have always fo behaved myfelf, that, under God, I have placed my chiefeft ftrength and fafeguard in the loyal hearts and good-will of my fubjects. And therefore I am come amongst you at this time, not as for my recreation or fport, but being refolved in the midst and heat of the battle to live or die amongst you VOL. V. E e all

all; to lay down, for my God, and for my kingdom, and for my people, my honour and my blood, even in the duft. I know I have but the body of a weak and feeble woman, but I have the heart of a king, and of a king of England too; and think foul fcorn, that Parma or Spain, or any prince of Europe, fhould dare to invade the borders of my realms: To which, rather than any dishonour fhall grow by me, I myself will take up arms; I myself will be your general, judge, and rewarder of every one of your virtues in the field. I know already, by your forwardnefs, that you have deserved rewards and crowns; and we do affure you, on the word of a prince, they shall be duly paid you. In the mean time, my lieutenant general fhall be in my ftead; than whom never prince commanded more noble and worthy fubject; not doubting, by your obedience to my general, by your concord in the camp, and your valour in the field, we shall fhortly have a famous victory over thofe enemies of my God, of my kingdom, and of my people.

NOTE, VOL. V. p. 278.

TRYPE, vol. iii. p. 525. On the fourth of SepST Stember, foon tember, foon after the difperfion of the Spanish Armada, died the earl of Leicefter, the queen's great, but unworthy, favourite. Her affection to him continued to the laft. He had discovered no conduct in any of his military enterprizes; and was fufpected of cowardice: Yet the entrusted him with the command of her armies during the danger of the Spanish invafion; a partiality, which might have proved fatal to her, had the duke of Parma been able to land his troops in England. She had even ordered a commiffion to be drawn for him, conftituting him her lieutenant in the kingdoms of England and Ireland; but Burleigh and Hatton represented to her the danger of entrusting fuch unlimited authority in the hands of any fubjca, and prevented the execution of that defign. No wonder, that a conduct, fo unlike the ufual jealoufy of Elizabeth, gave reason to fufpect, that her partality was founded on fome other paffion than friendship. But Elizabeth feemed to carry her affection to Leicester no farther than the grave: fhe ordered his goods to be difpofed of at a public fale, to reimburse herself of fome debt which he owed her; and her ufual attention to money was observed to prevail over her, regard to the memory of the deceased. This earl was a great hypocrite, a pretender to the ftrictest religion, an encourager of the puritans, and a founder of hofpitals.

NOTE,

STR

NOTE, VOL. V. p. 278.

TRYPE, vol, iii. p. 542. Id. appen. p. 239. There are fome fingular paffages in this laft fpeech, which may be worth taking notice of; efpecially as they came from a member who was no courtier: For he argues against the fubfidy. "And firft," fays he, "for the neceffity thereof, "I cannot deny, but if it were a charge impofed upon us "by her majefty's commandment, or a demand proceeding "from her majesty by way of request, that I think there is not one among us all, either fo difobedient a fubject in "regard of our duty, or fo unthankful a man in respect of "the ineftimable benefits which, by her, or from her, we "have received, which would not with frank confent, both "of voice and heart, most willingly fubmit himself there"unto, without any unreverend enquiry into the causes "thereof. For it is continually in the mouth of us all, that our lands, goods, and lives are at our prince's difpofing. "And it agreeth very well with that pofition of the civil

law, which fayeth, Quod omnia regis funt. But how? "Ita tamen ut omnium fint. Ad regem enim poteftas omnium "pertinet; ad fingulos proprietas. So that altho' it be moft "true, that her majefty hath over ourselves and our goods, poteftatem imperandi; yet it is true, that until that power "command (which, no doubt, will not command without very juft caufe) every fubject hath his own proprietatem "poffidendi. Which power and commandment from her ma

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jelty, which we have not yet received, I take it (faving "reformation) that we are freed from the cause of necessity. "And the cause of neceffity, is the dangerous estate of the "common-wealth, &c." The tenor of the fpeech pleads rather for a general benevolence than a subsidy: For the law of Richard the third against benevolence was never conceived to have any force. The member even proceeds to affert, with fome precaution, that it was in the power of a parlia ment to refuse the king's demand of a fubfidy; and that there was an inftance of that liberty in Henry the third's time, near four hundred years before. Sub fine.

WE

NOTE, VOL. V. p. 280.

E may judge of the extent and importance of these abufes by a fpeech of Bacon's against purveyors, delivered in the first feffion of the first parliament of the fubfequent reign, by which also we may learn that Elizabeth had given no redrefs to the grievances complained of. Firft,"

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"Firft," fays he, "they take in kind what they ought not to take; fecondly, they take in quantity a far greater "proportion than cometh to your majefty's ufe; thirdly, "they take in an unlawful manner, in a manner, I fay, "directly and exprefsly prohibited by feveral laws. For "the firit, I am a little to alter their name: for instead of "takers, they become taxers: Inftead of taking provifions "for your majesty's fervice, they tax your people ad redi"mendam vexationem; impofing upon them and extorting "from them divers fums of money, fometimes in grofs, "fometimes in the nature of ftipends annually paid, ne no

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❝ it.

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ceant, to be freed and eafed of their oppreffion. Again, "they take trees, which by law they cannot do; timber "trees, which are the beauty, countenance and shelter of "men's houses; that men have long fpared from their own "purfe and profit; that men efteem, for their ufe and delight, above ten times the value; that are a lofs which men cannot repair or recover. Thefe do they take, to the defacing and fpoiling of your fubjects manfions and dwellings, except they may be compounded with to their own "appetites. And if a gentleman be too hard for them while "he is at home, they will watch their time when there is "but a bailiff or a fervant remaining, and put the ax to "the root of the tree, ere ever the mafter can flop Again, they use a ftrange and moft unjuft ex"action in caufing the fubjects to pay poundage of their own debts, due from your majesty unto them: So as a poor man, when he has had his hay or his wood, or his "poultry (which perchance he was full loath to part with, " and had for the provifion of his own family and not to put to fale) taken from him, and that not at a juft price, "but under the value, and cometh to receive his money, "he fhall have after the rate of twelve-pence in the pound "abated for poundage of his due payment upon fo hard "conditions. Nay farther they are grown to that extremity (as is affirmed, tho' it be scarce credible, fave that in "fuch perfons all things are credible) that they will take "double poundage, once when the debenture is made, and again the second time, when the money is paid. For the "fecond point, moft gracious fovereign, touching the quantity which they take far above that which is an"fwered to your Majefty's ufe; it is affirmed unto me by divers gentlemen of good report, as a matter which I may "fafely avouch unto your majefty, that there is no pound profit, "which redounded unto your majefty in this course, but in

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duceth and begetteth three pounds damage upon your sub"jects, befide the discontentment. And to the end they may "make their spoil more fecurely, what do they? Whereas "divers ftatutes do ftrictly provide, that whatsoever they

2

"take

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"take fhall be registered and attefted, to the end that by making a collation of that which is taken from the coun"try and that which is anfwered above, their deceits might "appear, they, to the end to obfcure their deceits, utterly "omit the obfervation of this, which the law prefcribeth. "And therefore to defcend, if it may please your majesty, to the third fort of abufe, which is of the unlawful man"ner of their taking, whereof this question is a branch; "it is fo manifold, as it rather asketh an enumeration of fome "of the particulars than a profecution of all. For their price, by law they ought to take as they can agree with the sub"ject; by abuse, they take at an impofed and enforced "price: By law they ought to make but one apprizement "by neighbours in the country; by abuse, they make a fe"cond apprizement at the court-gate, and when the fubjects cattle come up many miles lean and out of plight by "reafon of their travel, then they prize them anew at an "abated price: By law, they ought to take between fun

and fun; by abufe, they take by twilight and in the night"time, a time well chofen for malefactors: By law, they ought not to take in the high-ways (a place by her majef ty's high prerogative protected, and by ftatute by fpecial "words excepted) by abufe, they take in the highways: By "law, they ought to fhew their commiffion, &c. A number of other particulars there are, &c." Bacon's works, vol. iv. p. 305, 306.

Such were the abufes, which Elizabeth would neither permit her parliaments to meddle with, nor redrefs herself. I believe it will be readily allowed, that this flight prerogative alone, which has passed almost unobferved amidst other branches of fo much greater importance, was fufficient to extinguish all regular liberty. For what elector, or member of parliament, or even juryman, durft oppofe the will of the court, while he lay under the lash of fuch an arbitrary prerogative? For a farther account of the grievous and incredible oppreffions of purveyors, fee the journals of the houfe of commons, vol. 1. p. 190. There is a ftory of a carter, which may be worth mentioning on this occafion.

"A

દ carter had three times been at Windfor with his cart "to carry away, upon fummons of remove, some part of "the ftuff of her majefty's wardrobe; and when he had

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repaired thither once, twice, and the third time, and that they of the wardrobe had told him the third time that the remove held not, the carter, clapping his hand on his thigh, faid, Now I fee, that the queen is a woman as well as "my wife. Which words being overheard by her majesty, "who then stood at the window, she said, What a villain is

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this ?