and-twenty years before, perished on the the interests of her neighbors and friends, same spot. Elizabeth betrayed her sense the successive regents of Scotland. of the odium of the execution of the most The English civilians, who were conpopular of her nobility, when his sister, sulted on this grave occasion, determined lady Berkeley, two years after, having knelt that the most legitimate ambassador would down to obtain a grace from the queen, the forfeit his immunities by exciting rebellion latter answered in haste, "No! no! my against the state with which he was comlady Berkeley! We know you never will missioned to cultivate friendship; and that love us, for the death of your brother."* the agents of a prince legitimately deposed Sir Ralph Sadler, in a letter full of inso- could not be clothed by him with the irrelence and sarcasm, described the impres- sponsibility of a public minister. On the sion of Norfolk's conviction on the queen other hand, they answered, that a prince of Scots, whose prison was at that time at not legitimately deposed, and imprisoned in Sheffield. During the week of his arraign- a foreign territory, retained his right of ment and trial, "she never once looked sending privileged ministers: a proposition out of her chamber." When she heard the which seems to be at least laid down with conviction noised abroad in the household, inconvenient latitude. "this queen wept very bitterly, so that my On the two more pertinent questions, the lady Shrewsbury found her weeping and opinion of the English civilians, though mourning so as to ask the queen what ailed supported by specious reasons, is at variher; to which she answered, that my lady ance with the practice of the best times, could not be ignorant of the cause." What and would, if enforced, not a little conprevious faults of such a woman could dis- tract that ample security which is essential pose a manly spirit to withhold fellow- to the vigorous performance of the arduous feeling from her, when she was in the duties of an ambassador. Although his perhands of a jailer who made her generous fidy belies his mission, yet there are cases sorrows the subject of scurrilous ribaldry? in which a foreign state may think fit to A great part of the conspiracy to restore treat those acts as treason which his own Mary through the means of an union with government may direct as an execution Norfolk, was carried on by Leslie, her re- of their lawful command. Treason, though presentative at the court of London, who more directly opposed to a minister's duty was committed to the Tower, where he than any other crime, is also the very of confessed more important circumstances fence in which a fair trial is most nearly than were suitable to his deserved reputa- impossible. In modern times, the doctrine tion for faith and firmness. This prelate and usage agree in vesting in the offended complained loudly that the sacred, because state the right of sending back the delinmost useful, privileges of ambassadors quent minister, and of using such means of were violated in his person. To his re- expelling him from its territory as are abmonstrances the English government re-solutely necessary to its own safety. The turned a twofold answer. They contended answer to the second question would, in that the exemption of ambassadors from strict law, have been unexceptionable, if those laws to which all other resident the legality of the deposition had not been aliens were amenable, had for its professed needlessly introduced, and if permanent purpose and sole object the preservation dispossession were substituted for legal deof amity with foreign states; but that a position: for the right of establishing inviocrime so flagrantly adverse to this object lable ministers depends on the fact, that a as high treason could not be embraced nation obeys a government who can reguwithin diplomatic inviolability. They urged, late the conduct of their subjects to foreignagain, that as sovereigns negotiate only on ers;-not upon the often very doubtful behalf of the communities who own their question whether the actual rulers are also authority, a dispossessed sovereign wanted lawful, which no foreign state can justly the quality most essential to the right of determine. The length of possession howsending ambassadors; that Leslie was no ever, the origin of power, and the character more than the ordinary agent of a princess of its exercise, are important though undewho, by her abdication, had become a pri- finable circumstances, which, in cases vate individual, and that Elizabeth could where possession and obedience are disnot consent to clothe her agent with the puted, may affect the policy of foreign immunities of the diplomatic character, states. without contradicting her own recognition of the young king of Scots, and betraying

Those who are disposed to investigate this sub

ject, will find it most learnedly treated by Bynker shoek," De Foro Legatorum." Opp. ii. 121. edit. 1761; the classical work on the question. The majority of

* Fosbroke's Extracts from Smythe's Lives of the readers will be satisfied with Vattel, lib. iv. c. 7. 8, Berkeleys, 190. London, 1821.

Ellis, second series, ii. 329.

9.; and, for the modern practice, they will find "Kluber, Droit des Gens moderne de l'Europe," 1819,

About a year before the execution of the he suffered the inhuman punishment inflictduke of Norfolk, Dr. Story, a Catholic ed by a barbarous law on traitors, of which civilian of considerable note, suffered death, some writers have particularized the horthough not for his religion. This man, rible circumstances in the narrative of his who was professor of civil law at Oxford case, as if it had been peculiar to him, and under Henry VIII., and opposed the re- as if it had not been for ages before and formation with ability in the house of com- after his execution the legal punishment mons on the accession of Edward, became of treason. It must be added that, in civiin the reign of Mary one of the chief in- lized times, when executioners, more hustruments of Bonner's butcheries. After mane than lawgivers, by inflicting death the death of Mary, he declared that, far before the execution of the other unspeakfrom regret for these executions, he rather able horrors of the sentence, had practically lamented that "instead of lopping off abrogated the law, and converted what was boughs and branches, the ax was not laid meant for torture of the living into indigto the root of the tree :" words which por-nities offered to the remains of the dead, tended no good to Elizabeth. Soon after there were not wanting statesmen and her accession he fled to Antwerp, where lawyers, otherwise of good character, in Alva, after the reduction of that city, took the British house of commons, who made him into the Spanish service, and employed an obstinate stand for the retention of a him in the occupation of a spy, which no- sentence of such indecent and unmanly thing but his furious zeal could have dis- atrocity, that the particulars of it cannot posed him to endure. To the English resi- be exhibited in their native hideousness.† dents or traders he became necessarily At the moment when the sky of Elizaodious, and their hatred against him was beth's reign began to be darkened, three embittered by a proclamation interdicting of those versatile politicians who had the all commercial intercourse with Hamburgh art and fortune to slide unhurt through all and northern Germany, to prevent the con- the shocks of forty years of a revolutionary tagion of heresy from spreading into the age, were released from the necessity of Netherlands, and with the special purpose farther exertions of their address. The of distressing the English merchants. Some marquess of Winchester, who had served of these traders took their revenge by send- Henry VII., and retained office under every ing a messenger to inform Story that an intermediate government, till he died, in English ship had just arrived, full of hereti- his ninety-seventh year, with the staff of cal books, and that no time was to be lost lord treasurer in his hands, is perhaps the if he wished to hinder the vent of such most remarkable specimen of this species poison. He hastened to the shore, and on preserved in history. William Herbert, entering the ship went below, where he whom Henry VIII. had enriched by a grant was told that the pestilential volumes were of the monastery of Wilton, and ennobled hidden. No sooner was he caught in the by the title of earl of Pembroke, had with snare, than Packer, the master, caused the open arms devoted himself to every sovehatches to be shut down, immediately set reign, and had the nimbleness to acknowsail for England, and on his arrival deliver- ledge and desert the excellent queen Jane ed his prey to the more regular authority in her reign of a few days. When Mary of the magistrates of Yarmouth. The restored Wilton to the nuns, he received privy council thanked these magistrates as them, as we are told, " cap in hand;" but for an act of spontaneous loyalty, which when they were suppressed by Elizabeth, had been the first means of apprizing the he drove them out of the house with his council that Story was a prisoner. horsewhip, addressing them by an appellaOn his trial, when he was charged with tion which implied their constant breach of various acts of treason against the queen, the severe virtue which they had vowed to he defended himself on the ground that he observe. Sir William Petre, who had been was not an English subject, having sworn secretary of state under Henry and his allegiance to Philip; in answer to which, three children, was a more favorable samhis accusers contented themselves with ple of the same race, who kept his station asking where he was born; and on his by the usefulness of his services, without answering "In England," they condemned any vices but those of equal support of him, on the principle that no man can re- good and bad governments. nounce his subjection to the government of his native country, which was then undisputed in Europe, and is still established in Great Britain. On the 1st of June, 1571,

The parliament, which met in 1571,

† Parliam. Debates, xxv. 576.; xxviii. Appendix, 84. It should be for ever remembered, that on the

5th of April, 1813, a bill to take away this cannibal punishment, proposed by the wise and virtuous Romilly, was lost in the house of commons by a majority of 55 to 43. In the next session it was indeed carried. Stat. 54 Geo. 3. c. 146.

furnished the first considerable instances of their piety to a pitch which would renof a pacific but vigorous resistance in the der it more independent of outward cerehouse of commons to the power of the monies. On the 6th of April he moved that crown. It has already been remarked, that a conference be desired with the spiritual the necessity which compelled Henry VIII. lords on the means of bringing all things to obtain parliamentary concurrence, and back to the purity of the primitive church, thereby national support, to the violent rev- and to the divine institutions of Christ himolutions which he made in the regal succes- self; but more especially to reform the sion and in the ecclesiastical establishment, more flagrant abuses by which Papists had the most decisive tendency to strength- were allowed to hold ecclesiastical office. en the authority of parliament. Both Ed-"Boys," he said, "were permitted by disward and Mary were obliged for the like pensations to have livings, unqualified men purposes to establish the jurisdiction of that promoted, and some allowed to have too assembly by examples of a similar nature. many benefices." The conference was apThat Elizabeth contributed yet more large-pointed, and several bills for reform in the ly to the same effect, has already appeared church were in consequence introduced. in a short review of her previous parlia- Only one, of no great extent, against leasments, and will be still more conspicuous in ing benefices, was passed into a law. Strickthe transactions of those which are to follow. land was called before the privy council, by Before this period, the struggles for the whom he was reproved for his boldness, establishment of liberty, though they breathe and commanded to abstain from attendance an exalted spirit, and are pregnant with in- in the house of commons till he should have structive lessons to the founders and im- leave. The queen soon yielded to the inprovers of free institutions, yet occurred in timations thrown out that the house would circumstances so unlike ours, and were jus-require his presence, and he quietly retifiably mingled with so much violence, sumed his seat. The ministers pretended that, even where our information respect that the restraint laid on Strickland was not ing them is complete, we cannot venture to on account of words spoken in the house, follow them closely, or to copy them with but for his exhibiting of a bill in the house that deference which is due to the prece- against the prerogative of the queen, which dents of a calmer and more near period. was not to be tolerated; meaning probably Much of what was done by Elizabeth must by these harsh words, that as the act of be blamed; but a great part of it may be supremacy had subjected all ecclesiastical explained under an immature constitution, matters to the queen as head or ruler of by the perils which encompassed her, and the church, it would be unconstitutional by her popularity, which disposed the peo- in the commons without her previous reple to acquiesce in the irregular measures commendation to entertain questions of of a monarch who was rather their leader which the law had intrusted the sole dethan their sovereign. This princess, who termination to another constitutional auwas so fortunate (whatever might have thority. On occasion of the house of been her motives) as to be engaged in a commons passing bills against non-resiconstant and hazardous contest for the pre- dence and simony, she caused it to be inservation of national independence and of timated to them "that she approved their religious liberty, was easily pardoned by good endeavors, but would not suffer these her people for some of those infractions of things to be ordered by parliament;"; probthe rights of individuals, which she was ably meaning, that she would protect her tempted or provoked to hazard. It must supremacy by the exercise of her negative, be acknowledged that her example was in if they proceeded to invade her ecclesiasthis respect dangerous to those of her suc- tical prerogative, which the laws had vested cessors who, without the same glorious jus- exclusively in the crown. The commons tification, employed their feeble faculties were still too unrefined to resent, as a in more extensive transgressions. breach of privilege, the communication of The first impulse towards a somewhat her intention respecting proposed measures systematical opposition of a political nature which she had the undisputed right to rearose from religion, the prime mover of all ject. Of all pretensions, that which savored the great events of that age. Strickland, the least of an affectation of unbounded or "a grave and ancient man,' "* like most even inherent power, was a claim derived others zealously well affected to religion, from that royal supremacy over the church, was a member of the sect, or rather party, of which the parliamentary origin was so called Puritans, who were desirous of puri- fully established by the recent and very fying their worship from practices abused striking examples of its being granted to by superstition, and of exalting the fervor Henry VIII., continued to Edward, with† 13 Eliz. c. 20.

* D'Ewes, 156.

D'Ewes, 175.

§ Id. 185.

drawn under Mary, and restored to Eliza-erable) sum of forty pounds. "It was beth. meant," says a speaker whose name is not Wentworth spoke with singular severity preserved, "that men from every quarter, of Sir Humphrey Gilbert, the celebrated and of all sorts, should come to this court, navigator, whom he described clearly, and that they should freely be chosen." though without naming him, as disposed Another member proposed that one of the "to flatter and favor the prince; comparing members should be resident, but that libhim to a cameleon, which can change itself erty should be left in the choice of the into all colors saving white, as the speaker other; in order that there might be no to whom he alluded could change himself want "of men learned and able to utter to all fashions but honesty."* This bitterly their opinions."

personal speech, which did not entirely The same party of zealous Protestants, spare the flattered, though it was aimed who endeavored to root out all Romish against the flatterer, was passed over with-abuses in the church, were prompted by out animadversion. The house took into an equal solicitude to provide against the consideration the case of nine ancient overthrow of the reformation by the queen boroughs which had returned no burgesses of Scots, the Catholic successor, whose to the last parliament, and resolved that designs could only be defeated by the mar"the burgesses shall remain according to riage of Elizabeth, which would afford the return, the right of the towns being some likelihood of a Protestant succession. to be elsewhere examined, if need be." Hence the conflicts of this growing party The house had exercised a similar jurisdic- with the queen on the subject of obtaining tion in 1563, in the case of new representa- the chance of an heir who should be Protives from boroughs which had not lately testant. In the preceding parliament of made any return. On other subjects af 1566-7, the queen had expressly forbidden fecting the rights of election they exer- the house to proceed farther; and yet, two cised judicial power over offences against days after, she was content to withdraw a free and pure choice of members, by her inhibition. The lord keeper, in anfining the borough of Westbury in the sum swer to the speaker of the house of comof twenty pounds, for the offence of the mons, had indeed warned that house," that mayor, who had sold the seat to Walter they would do well to meddle with no matLong for four pounds. In discussing a bill ters of state but such as were propounded concerning the validity of the elections of to them, and to occupy themselves in other burgesses not residing in or near the matters concerning the commonwealth."¶ boroughs which chose them, the house § It is probable that, if the lord keeper had was led from these judicial proceedings to been urged to explain these alarming words, general reasonings on changes in the con- he would have taken refuge in the distincstitution of that assembly itself, not alto- tion between advice and command; that gether dissimilar to those which in modern he might have represented "matters of times have borne the name of Parliamentary state" as meaning negotiations, internaReform. Loud complaints were made in that tional correspondence, and such other debate of nominations of candidates by no- pending matters as ought to be left in that blemen: and it was proposed to amerce any secrecy which their nature requires, and borough which should choose according to such nomination, in the (then not inconsid

* D'Ewes, 175. Wentworth was member for Barn

staple, and Strickland for Scarborough. Browne Willis, Notitia Parliamentaria, iii.

East Loo, Fowey, Chichester, East Retford, Queenborough, Woodstock, Christchurch, Aldbo

Tregony, St. Germans, St. Mawes, Minehead,

from which there is the less reason to drag them, because they cannot, in most cases, be carried into full effect without parliamentary grants, or without laws in which parliament must concur. Grave as the lord keeper was, he might have hinted that the observance of decorum towards the crown,

rough (in Suffolk), and Eye.-D'Ewes, 156-159. which was a secondary principle of the Tamworth, Stockbridge.—D'Ewes, 80. "In former constitution, almost forbade the exposure times," says the reporter, "it was common for poor of the negotiation regarding the marriage or decayed boroughs to escape the payment of wages to burgesses, either by obtaining a license of a female sovereign to the license of from the sovereign not to elect, or by discontinuing public debate. that privilege themselves by degrees. But of late,

since the members of the house, for the most part, Throughout the transactions of these bear their own charges, many of the boroughs who parliaments, Elizabeth found herself more had discontinued their privilege resumed it, as the than once under the necessity of retiring from the exposed positions to which she

towns above mentioned."

§ By the statutes of 5 Hen. 5. c. 1. and 23 Hen. 6. c. 15., it was enacted, that citizens and burgesses had advanced; nor was it only in her should be inhabitants of the towns which they re- abandonment of hazardous measures, but presented. These ancient laws, after several centuries of avowed disuse, were repealed by 14 Geo. 3. in the frequent lowering of her tone, and c. 58. The bill adverted to in the text, which did more especially in the unsubdued spirit of not pass, seems to have had the same object with

the repealing statute of George III.

D'Ewes, 130.

T Id. 141, 142.

her opponents, that the progress of parlia- in the preamble of this bill, that those who mentary power may be most clearly dis- acknowledged the power of a pope who had covered. The greatest accession to the au- issued the deposing bull lived in a permathority of parliament, however, arose from nent state of treason, and granted to the the policy necessarily adopted by her, as it queen no more than a truce till they were had been by her father, of resting on that better prepared for warfare. By such modes authority as the foundation of the throne. of reasoning, however, all tyranny might By the first act of the parliament of 1571, be justified, and peace might be for ever which was professedly founded on present banished from human society. Greater disdanger, and to continue in force only during crimination in making laws, and a more asthe queen's life, many acts were raised to siduous vigilance in their execution, will the character of high treason, of which the always secure a government as much as greater part by judicial construction have that object can be obtained with safety to since become permanently overt acts of the the permanent well-being of mankind. It ancient treason of compassing (or conspir-must, however, be allowed, that it would ing) the death of the sovereign. be unjust to impute the heaviest blame to

In the fourth section of that statute it an European government of the sixteenth was provided, "that any person who shall century for not reaching that elevation of affirm or maintain that the queen's majesty, justice to which scarcely any state in the with and by the consent of the parliament, nineteenth seems to aspire.

is not able to make laws of sufficient force Another cruel act was passed in the to limit and bind the crown of this realm, same session against emigrants who had and the descent, inheritance, and govern- left the realm without the queen's license, ment thereof, every such person during subjecting their personal estates for ever, the life of her majesty shall be adjudged a and their landed estates during their lives, high traitor, and shall suffer and forfeit as to be confiscated, unless they returned in cases of high treason."* By this provision within six months of proclamation made to the doctrine of inviolable succession was that effect; on the alleged ground that solemnly condemned, the power of altering" they carry with them great sums of moit was affirmed, insomuch as to subject those ney to be spent among strangers," besides who denied it to capital punishment, and employing it in the relief of traitors, and that high power was declared to be not in carrying on abroad their own treasonable the monarch alone, but in the monarch by projects. Enactments of this sort, or of the consent of parliament. It is wonderful, the like barbarity, not thought beneath the that after such a declaration of our consti- standard of the time when they were adopttutional law, a powerful party should have ed, still dishonor most codes; and in the grown up in England on the avowed prin- present case may be regarded as examples ciple of an indefeasible and indeed divine of that bungling tyranny which punishes right of succession. the innocent to make sure of including all

After the deposing bull, and the audacity the guilty; as well as of that refined cruwith which it was affixed on the bishop of elty which, after rendering home odious, London's palace, a severe measure against perhaps insupportable, pursues, with unrepapal bulls was naturally to be expected; lenting rage, such of its victims as fly to and if it had been limited within the bounds foreign lands.

of reason, would doubtless have been justi- The Puritans, hitherto only a powerful fiable. But the parliament made it "high and zealous party within the pale of the treason to obtain or receive from the bishop church, now meditated a separation from of Rome any bull, writing, or instrument, the religious establishment. The disputes containing any matter or thing whatso- continued to hinge on the vestments and ever:" a persecuting enactment, which on other usages supposed to be superstireduced Catholics to the alternative of ex- tious, which formed a part of the establishposing themselves to death, or of forego-ed worship. The eminent divines of this ing many of those moral relations of life, party, at the head of whom was Cartwhich were in their opinion legitimatized wright, professor of theology at Cambridge, only by the intervention of papal authority. seem to have been content with a conniThis statute adopts a principle of cruel in-vance at their conscientious noncompliance justice, in order to preclude the possibility with the directions of the liturgy; and of some evasion, and outlaws the members though they considered a parity among of a great communion to avoid the risk of pastors to be more purely apostolic than the the introduction of a few criminal bulls, rank and power of prelates, they were not under cover of that multitude of them unwilling to wait in peace for the progress which were perfectly innocent. It might of a more perfect reformation. They were doubtless be said, and is indeed intimated more especially ready to subscribe all the

13 Eliz. c. i. s. 4.

† 1 Eliz. c. ii.

13 Eliz. c. iii.