disgrace on account of their temerity. Not to mention, that Mary's concurrence was, in some degree, requisite for effecting the design of her escape; it was proposed to attack her guards while she was employed in hunting: she must therefore concert the time and place with the conspirators. The second supposition is, that these two secretaries were previously traitors; and, being gained by Walsingham, had made such a reply in their mistress's cipher as might involve her in the guilt of the conspiracy. But these two men had lived long with the Queen of Scots, had been entirely trusted by her, and had never fallen under suspicion either with her or her partisans. Camden informs us, that Curle afterwards claimed a reward from Walsingham, on pretence of some promise; but Walsingham told him, that he owed him no reward, and that he had made no discoveries on his examination which were not known with certainty from other quarters. The third supposition is, that neither the queen nor the two secretaries, Nau and Curle, ever saw Babington's letter, or made any answer; but that Walsingham, having deciphered the former, forged a reply. But this supposition implies the falsehood of the whole story, told by Camden, of Gifford's access to the Queen of Scots' family, and Paulet's refusal to concur in allowing her servants to be bribed. Not to mention, that as Nau's and Curle's evidence must, on this supposition, have been extorted by violence and terror, they would necessarily have been engaged, for their own justification, to have told the truth afterwards; especially upon the accession of James. But Camden informs us, that Nau, even after that event, persisted still in his testimony. We must also consider, that the two last suppositions imply such a monstrous criminal conduct in Walsingham, and consequently in Elizabeth, (for the matter could be no secret to her,) as exceeds all credibility. If we consider the situation of things and the prejudices of the times, Mary's consent to Babington's conspiracy appears much more natural and probable. She believed Elizabeth to be an usurper and a heretic she regarded her as a personal and violent enemy: she knew that schemes for assassinating heretics were very familiar in that age, and generally approved of by the court of Rome and the zealous Catholics. Her own liberty and sovereignty were connected with the success of this enterprise: and it cannot appear strange, that where men of so much merit as Babington could be engaged, by bigotry alone, in so criminal an enterprise, Mary, who was actuated by the same motive, joined to so many others, should have given her consent to a scheme projected by her friends. We may be previously certain, that if such a scheme was ever communicated to her, with any probability of success, she would assent to it, and it served the purpose of Walsingham and the English ministry to facilitate the communication of these schemes, as soon as they had gotten an expedient for intercepting her answer, and detecting the conspiracy. Now Walsingham's knowledge of the matter is a supposition necessary to account for the letter delivered to Babington.

As to the not punishing of Nau and Curle by Elizabeth, it never is the practice to punish lesser criminals, who had given evidence against the principal.

But what ought to induce us to reject these three suppositions is, that they must, all of them, be considered as bare possibilities. The partisans of Mary can give no reason for preferring one to the other: not the slightest evidence ever appeared to support any one of them. Neither at that time, nor at any time afterwards, was any reason discovered by the numerous zealots at home and abroad, who had embraced Mary's defence, to lead us to the belief of any of these three suppositions ; and even her apologists at present seem not to have fixed on any choice among these supposed possibilities. The positive proof of two very credible witnesses, supported by the other very strong circumstances, still remains unimpeached. Babington, who had an extreme interest to have communication with the Queen of Scots, believed he had found a means of correspondence with her, and had received an answer from her: he, as well as the other conspirators, died in that belief. There has not occurred, since that time, the least argument to prove that they were mistaken can there be any reason, at present, to doubt the truth of their opinion? Camden, though a professed apologist for Mary, is constrained to tell the story in such a manner as evidently supposes her guilt. Such was the impossibility of finding any other consistent account, even by a man of parts, who was a contemporary!

In this light might the question have appeared, even during Mary's trial. But what now puts her guilt beyond all controversy, is the following passage of her letter to Thomas Morgan, dated the 27th of July, 1586. "As to Babington, he hath both kindly and honestly offered himself and all his means to be employed any way I would: whereupon I hope to have satisfied him by two of my several

letters since I had his; and the rather for that I opened him the way, whereby I received his with your aforesaid." Murden, p. 533. Babington confessed, that he had offered her to assassinate the queen: it appears by this that she had accepted the offer: so that all the suppositions of Walsingham's forgery, or the temerity or treachery of her secretaries, fall to the ground.

NOTE [I], p. 60.

This Parliament granted the queen a supply of a subsidy and two fifteenths. They adjourned, and met again after the execution of the Queen of Scots; when there passed some remarkable incidents, which it may be proper not to omit. We shall give them in the words of Sir Simon D'Ewes, p. 410, 411, which are almost wholly transcribed from Townshend's Journal. On Monday the 27th of February, Mr. Cope, first using some speeches touching the necessity of a learned ministry, and the amendment of things amiss in the ecclesiastical estate, offered to the House a bill and a book written; the bill containing a petition, that it might be enacted, that all laws now in force touching ecclesiastical government should be void; and that it might be enacted, that that book of common prayer now offered, and none other, might be received into the church to be used. The book contained the form of prayer and administration of the sacraments with divers rites and ceremonies to be used in the church; and he desired that the book might be read. Whereupon Mr. Speaker in effect used this speech: For that her majesty before this time had commanded the House not to meddle with this matter, and that her majesty had promised to take order in those causes, he doubted not but to the good satisfaction of all her people, he desired that it would please them to spare the reading of it. Notwithstanding, the House desired the reading of it. Whereupon Mr. Speaker desired the clerk to read. And the clerk being ready to read it, Mr. Dalton made a motion against the reading of it; saying, that it was not meet to be read, and it did appoint a new form of administration of the sacraments and ceremonies of the church, to the discredit of the book of common prayer, and of the whole state; and thought that this dealing would bring her majesty's indignation against the House, thus to enterprise this dealing with those things which her majesty especially had taken into her own charge and direction. Whereupon Mr. Lewkenor spake, showing the necessity of preaching and of a learned ministry, and thought it very fit that the petition and book should be read. To this purpose spake Mr. Hurleston and Mr. Bainbrigg; and so the time being passed, the House broke up, and neither the petition nor book read. This done, her majesty sent to Mr. Speaker, as well for this petition and book, as for that other petition and book for the like effect, that was delivered the last session of Parliament, which Mr. Speaker sent to her majesty. On Tuesday, the 28th of February, her majesty sent for Mr. Speaker, by occasion whereof the House did not sit. On Wednesday, the first day of March, Mr. Wentworth delivered to Mr. Speaker certain articles, which contained questions touching the liberties of the House, and to some of which he was to answer, and desired they might be read. Mr. Speaker desired him to spare his motion, until her majesty's pleasure was farther known touching the petition and book lately delivered into the House: but Mr. Wentworth would not be so satisfied, but required his articles might be read. Mr. Wentworth introduced his queries by lamenting, that he as well as many others were deterred from speaking by their want of knowledge and experience in the liberties of the House; and the queries were as follow: Whether this council were not a place for any member of the same here assembled, freely and without controlment of any person or danger of laws, by bill or speech to utter any of the griefs of this commonwealth, whatsoever, touching the service of God, the safety of the prince and his noble realm? Whether that great honour may be done unto God, and benefit and service unto the prince and state, without free speech in this council, that may be done with it? Whether there be any council which 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, concerning the high service of God, prince, or state, without the consent of the House? Whether the speaker or any other may interrupt any member of this council in his speech used in this House tending to any of the forenamed services? Whether the speaker may rise when he will, any matter being propounded, without consent of the House or not? Whether the speaker may overrule the House in any matter or cause there in question, or whether he is to be

ruled or overruled in any matter or not? Whether the prince and state can continue, and stand, and be maintained, without this council of Parliament, not altering the government of the state? At the end of these questions, says Sir Simon D'Ewes, I found set down this short note or memorial ensuing: By which it may be perceived, both what Sergeant Puckering, the speaker, did with the said questions after he had received them, and what became also of this business, viz. : "These questions Mr. Puckering pocketed up and showed Sir Thomas Henage, who so handled the matter that Mr. Wentworth went to the Tower, and the questions not at all moved. Mr. Buckler of Essex herein brake his faith in forsaking the matter, &c., and no more was done." After setting down, continues Sir Simon D'Ewes, the said business of Mr. Wentworth in the original journal book, there follows only this short conclusion of the day itself, viz.: "This day, Mr. Speaker being sent for to the queen's majesty, the House departed." On Thursday, the second of March, Mr. Cope, Mr. Lewkenor, Mr. Hurleston, and Mr. Bainbrigg, were sent for to my lord chancellor, and by divers of the privy council, and from thence were sent to the Tower. On Saturday, the fourth day of March, Sir John Higham made a motion to this House, for that divers good and necessary members thereof were taken from them, that it would please them to be humble petitioners to her majesty for the restitution of them again to this House. To which speeches Mr. Vice-chamberlain answered, that if the gentlemen were committed for matter within the compass of the privilege of the House, then there might be a petition; but if not, then we should give occasion to her majesty's farther displeasure; 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 majesty had, for divers good causes best known to herself, thought fit to suppress the same without any farther examination thereof; and yet thought it very unfit for her majesty to give any account of her doings.-But, whatsoever Mr. Vice-chamberlain pretended, it is most probable these members were committed for intermeddling with matters touching the church, which her majesty had often inhibited, and which had caused so much disputation and so many meetings between the two Houses the last Parliament.

This is all we find of the matter in Sir Simon D'Ewes and Townshend; and it appears that those members who had been committed were detained in custody till the queen thought proper to release them. These questions of Mr. Wentworth are curious; because they contain some faint dawn of the present English constitution; though suddenly eclipsed by the arbitrary government of Elizabeth. Wentworth was indeed, by his puritanism, as well as his love of liberty, (for these two characters of such unequal merit arose and advanced together,) the true forerunner of the Hambdens, the Pyms, and the Hollises, who, in the next age, with less courage, because with less danger, rendered their principles so triumphant. I shall only ask, whether it be not sufficiently clear from all these transactions, that in the two succeeding reigns it was the people who encroached upon the sovereign; not the sovereign who attempted, as is pretended, to usurp upon the people?

NOTE [K], p. 91.

The queen's speech in the camp of Tilbury was in these words: My loving people, we have been persuaded by some that are careful of our safety, to take heed how we commit ourselves to armed multitudes, for fear of treachery; but assure you, I do not desire to live to distrust my faithful and loving people. Let tyrants fear: I have always so behaved myself, that, under God, I have placed my chiefest strength and safeguard in the loyal hearts and good-will of my subjects. And therefore I am come amongst you at this time, not as for my recreation or sport, but being resolved, in the midst and heat of the battle, to live or die amongst you all; to lay down, for my God, and for my kingdom, and for my people, my honour and my blood, even in the dust. 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 scorn that Parma or Spain, or any prince of Europe, should dare to invade the borders of my realms: to which, rather than any dishonour should 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 forwardness, that you have deserved rewards and crowns; and we do assure you, on the word of a prince, they shall be duly paid you. In the mean time my lieu

tenant-general shall be in my stead, than whom never prince commanded a more noble and worthy subject ; not doubting by your obedience to my general, by your concord in the camp, and your valour in the field, we shall shortly have a famous victory over those enemies of my God, of my kingdom, and of my people.

NOTE [L], p. 96.

Strype, vol. iii. p. 525. On the fourth of September, soon after the dispersion of the Spanish armada, died the Earl of Leicester, the queen's great, but unworthy, favourite. Her affection for him continued till the last. He had discovered no conduct in any of his military enterprises, and was suspected of cowardice; yet she intrusted him with the command of her armies during the danger of the Spanish invasion; 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 commission to be drawn for him, constituting him her lieutenant in the kingdoms of England and Ireland; but Burleigh and Hatton represented to her the danger of intrusting such unlimited authority in the hands of any subject, and prevented the execution of that design. No wonder that a conduct, so unlike the usual jealousy of Elizabeth, gave reason to suspect that her partiality was founded on some other passion than friendship. But Elizabeth seemed to carry her affection to Leicester no farther than the grave: she ordered his goods to be disposed of at a public sale, in order to reimburse herself of some debt which he owed her; and her usual attention to money was observed to prevail over her regard to the memory of the deceased. The earl was a great hypocrite, a pretender to the strictest religion, an encourager of the puritans, and a founder of hospitals.

NOTE [M], p. 96.

Strype, vol. iii. p. 542. Id. Append. p. 239. There are some singular passages in this last speech, which may be worth taking notice of; especially as they came from a member who was no courtier; for he argues against the subsidy : " And first," says he, " for the necessity thereof, I cannot deny; but if it were a charge imposed upon us by her majesty's commandment, or a demand proceeding from her majesty by way of request, that I think there is not one among us all, either so disobedient a subject in regard of our duty, or so unthankful a man in respect of the inestimable benefits which, by her, or from her, we have received, which would not with frank consent, both of voice and heart, most willingly submit himself thereunto, without any unreverend inquiry 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 disposing. And it agreeth very well with that position of the civil law, which sayeth, Quod omnia regis sunt. But how? Ita tamen ut omnium sint. Ad regem enim potestas omnium pertinet; ad singulos proprietas. So that although it be most true that her majesty hath over ourselves and our goods potestatem imperandi; yet it is true that until that power command, (which, no doubt, will not command without very just cause,) every subject hath his own proprietatem possidendi. Which power and commandment from her majesty, which we have not yet received, I take it (saving reformation) that we are freed from the cause of necessity. And the cause of necessity is the dangerous estate of the commonwealth," &c. The tenor of the speech pleads rather for a general benevolence than a subsidy; for the law of Richard III. against benevolence was never conceived to have any force. The member even proceeds to assert with some precaution, that it was in the power of Parliament to refuse the king's demand of a subsidy; and that there was an instance of that liberty in Henry III.'s time, near four hundred years before. Sub fine.

NOTE [N], p. 98.

We may judge of the extent and importance of these abuses by a speech of Bacon's against purveyors, delivered in the first session of the first Parliament of the subsequent reign, by which also we may learn, that Elizabeth had given no redress to the grievances complained of. "First," says he, "they take in kind what they ought not to take; secondly, they take in quantity a far greater proportion than cometh to your majesty's use; thirdly, they take in an unlawful manner, in a manner, I say, directly and expressly prohibited by the several laws. For the first, I am a little to alter their name; for instead of takers they

become taxers: instead of taking provisions for your majesty's service, they tax your people ad redimendam rexationem; imposing upon them and extorting from them divers sums of money, sometimes in gross, sometimes in the nature of stipends annually paid, ne noceant, to be freed and eased of their oppression. 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 spared from their own purse and profit; that men esteem for their use and delight, above ten times the value; that are a loss which men cannot repair or recover. These do they take, to the defacing and spoiling of your subjects' mansions 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 servant remaining, and put the axe to the root of the tree, ere ever the master can stop it. Again, they use a strange and most unjust exaction in causing the subjects 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 provision of his own family, and not to put to sale,) taken from him, and that not at a just price, but under the value, and cometh to receive his money, he shall have after the rate of twelve-pence in the pound abated for poundage of his due payment upon so hard conditions. Nay, farther, they are grown to that extremity, (as is affirmed, though it be scarce credible, save that in such persons 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 second point, most gracious sovereign, touching the quantity which they take far above that which is answered to your majesty's use; it is affirmed unto me by divers gentlemen of good report, as a matter which I may safely avouch unto your majesty, that there is no pound profit which redoundeth unto your majesty in this course, but induceth and begetteth three pound damage upon your subjects, besides the discontentment. And to the end they may make their spoil more securely, what do they? Whereas divers statutes do strictly provide, that whatsoever they take shall be registered and attested, to the end that by making a collation of that which is taken from the country, and that which is answered above, their deceits might appear, they, to the end to obscure their deceits, utterly omit the observation of this, which the law prescribeth. And therefore to descend, if it may please your majesty, to the third sort of abuse, which is of the unlawful manner of their taking, whereof this question is a branch; it is so manifold, as it rather asketh an enumeration of some of the particulars than a prosecution of all. For their price, by law they ought to take as they can agree with the subject; by abuse, they take at an imposed and enforced price: by law, they ought to make but one appraisement by neighbours in the country; by abuse, they make a second appraisement at the court gate; and when the subjects' cattle come up many miles, lean and out of plight by reason of their travel, then they prize them anew at an abated price: by law, they ought to take between sun and sun; by abuse, they take by twilight and in the night-time, a time well chosen for malefactors: by law, they ought not to take in the highways; (a place by her majesty's high prerogative protected, and by statute by special words excepted ;) by abuse, they take in the highways: by law, they ought to show their commission, &c. A number of other particulars there are," &c.-Bacon's Works, vol. iv.

p. 305, 306.

Such were the abuses which Elizabeth would neither permit her Parliaments to meddle with, nor redress herself. I believe it will readily be allowed, that this slight prerogative alone, which has passed almost unobserved amidst other branches of so much greater importance, was sufficient to extinguish all regular liberty. For what elector, or member of Parliament, or even juryman, durst oppose the will of the court, while he lay under the lash of such an arbitrary prerogative? For a farther account of the grievous and incredible oppressions of purveyors, see the Journals of the House of Commons, vol. i. p. 190. There is a story of a carter, which may be worth mentioning on this occasion. "A carter had three times been at Windsor with his cart to carry away, upon summons of a remove, some part of the stuff of her majesty's wardrobe; and when he had 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, said, Now I see 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 this! and so sent him three angels to stop his mouth."-Birch's Memoirs, vol. i. p. 155.