subsidy and two fifteenths. They adjourned, and met again after the execution of the queen of Scots; when they 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 court 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. Went worth 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 further 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 con. trolment 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 this 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 conseat of the house? Whether the speaker or any other may VOL. I. 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 serjeant 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 Heneage, 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. Vicechamberlain 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 ma jesty's further displeasure: and therefore advised to stay until they heard more, which could not be long : and further he said, touching the book and the peti tion, her majesty had, for divers good causes best known to herself, thought fit to suppress the same, without any further examination thereof; and yet thought it very unfit for her majesty to give any ac count of her doings. But, whatsoever Mr. Vicechamberlain 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 Hamb dens, 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 4 K, p. 518. 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, Y 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 meantime my lieutenant-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 my people." Note 4 L, p. 520. 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 to 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 king: doms 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 further 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. This earl was a great hypocrite, a pretender to the strictest religion, an encourager of the puritans, and a founder of hospitals. Note 4 M, p. 520. Strype, vol. iii. p. 542. Id. Appendix, 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, by her majesty's commandment, or a demand proceeding from her najesty by way of request, that I think there is not one amongst 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 inqui-y 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 must be 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 possinendi. 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 a 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 4 N, p. 521. 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 verationem ; 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 that men have long spared from their own purse and the beauty, countenance, and shelter of men's houses; profit; that men esteem for their use and delight, above ten times the value; that are a loss which men defacing and spoiling of your subjects' mansions and cannot repair or recover. These do they take, to the 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 fuil 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, further, 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, beside the discontentment. And to the end they 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 take but one apprizement by neighbours in the country; by abuse, they make a second apprizement at the courtgate; 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. 305, 306. to merit a more particular relation. He was engaged alone with the whole Spanish fleet of fifty-three sail, which had ten thousand men on board; and from the time the fight began, which was about three in the afternoon, to the break of next day morning, he repulsed the enemy fifteen times, though they continually shifted their vessels, and boarded with fresh men. In the beginning of the action he himself received a wound; but he continued doing his duty above deck till eleven at night, when receiving a fresh wound, he was carried down to be dressed. During this operation he received a shot in the head, and the surgeon was killed by his side. The English began now to want powder; all their small arms were broken or become useless; of this number, which were but a hundred and three at first, forty were killed, and almost all the rest wounded; their masts were beat overboard, their tackle cut in pieces, and nothing but a hulk left, unable to move one way or other. In this situation sir Richard proposed to the ship's company, to trust to the mercy of God, not to that of the Spaniards, and to destroy the ship with themselves, rather than yield to the enemy. The master-gunner, and many of the seamen, agreed to this desperate resolution; but others opposed it, and obliged Greenville to surrender himself prisoner. He died a few days after; and his last words were:"Here die I, Richard Greenville, with a joyful and quiet mind; for that I have ended my life as a true soldier ought to do, fighting for his country, queen, reli gion, and honour: my soul willingly departing from this body, leaving behind the lasting fame of having behaved as every valiant soldier is in his duty bound to do." The Spaniards lost in this sharp, though unequal action, four ships, and about a thousand men. And Greenville's vessel perished soon after with two hundred Spaniards in her. Hackluyt's Voyages, vol. ii. p. 169. Camden, p. 565. Note 4 Q, p. 529. It is usual for the speaker to disqualify himself for the office: but the reasons employed by this speaker are so singular, that they may be worth transcribing. 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 clector, 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 further account of the grievous and incredible oppressions of purveyors, see the Journals of the House of Com-"My estate," said he, "is nothing correspondent for mon, 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. Note 4 0, p. 523. This year the nation suffered a great loss, by the death of sir Francis Walsingham, secretary of state; a man equally celebrated for his abilities and his integrity. He had passed through many employments, had been very frugal in his expense, yet died so poor that his family was obliged to give him a private burial. He left only one daughter, first married to sir Philip Sidney, then to the earl of Essex, favourite of queen Elizabeth, and lastly to the earl of Clanricarde of Ireland. The same year died Thomas Randolph, who had been employed by the queen in several embassies to Scotland; as did also the earl of Warwick, elder brother to Leicester. Note 4 P, p. 524. the maintenance of this dignity; for my father dying, left me a younger brother, and nothing to me but my bare annuity. Then growing to man's estate, and some small practice of the law, I took a wife, by whom I have had many children: the keeping of us all being a great impoverishing to my estate, and the daily living of us all nothing but my daily industry. Neither from my person nor my nature doth this choice arise: for he that supplieth this place ought to be a man big and comely, stately and well spoken, his voice great, his carriage majestical, his nature haughty, and his purse plentiful and heavy: but contrarily the stature of my body is small, myself not so well spoken, my voice low, my carriage lawyer-like, and of the common fashion, my nature soft and bashful, my purse thin, light, and never yet plentiful. If Demosthenes, being so learned and eloquent as he was, one whom none surpassed, trembled to speak before Phocion at Athens; how much more shall I, being unlearned and unskilful to supply the place of dignity, charge and trouble, to speak before so many Phocions as here be? Yea, which is the greatest, before the unspeakable majesty and sacred personage of our dread and dear sovereign: the terror of whose countenance will appal and abase even the stoutest hearts: yea, whose very name will puil down the greatest courage? For how mightily do the estate and name of a prince deject the haughtiest stomach even of their greatest subject!" D'Ewes, p. 459. Cabala, p. 234. This action of sir Richard Greenville is so singular as Sneed. p. 877. Note 4 R, p. 531. Birch's Memoirs, vol. ii. p. 386. The whole letter of Essex is so curious and so spirited, that the reader may not be displeased to read it. "My very good lord; though there is not that man this day living, whom I would sooner make judge of any question that might concern me than yourself, yet you must give me leave to tell you, that in some cases I must appeal from all earthly judges; and if any, then surely in this, when the highest judge on earth has imposed on me the heaviest punishment, without trial or hearing, Since then I must either answer your lordship's argument, or else forsake mine own just defence, I will force my aching head to do me service for an hour. I must first deny my discontent, which was forced, to be an humorous discontent; and that it was unseasonable, or is of so long continuing, your lordship should rather condole with me than expostulate: natural seasons are expected here below; but violent and unseasonable storms come from above: there is no tempest equal to the passionate indignation of a prince; nor yet at any time so unseasonable as when it lighteth on those that might expect a harvest of their careful and painful labours. Ile that is once wounded must needs feel smart till his hurt is cured, or the part hurt become senseless: but cure I expect none, her majesty's heart being obdurate against me; and be without sense I cannot, being of flesh and blood. But say you, I may aim at the end: I do more than aim; for I see an end of all my fortunes, I have set an end to all my desires. In this course do I anything for my enemies? When I was at court I found them absolute; and therefore I had rather they should triumph alone, than have me attendant upon their chariots. Or do I leave my friends? When I was a courtier, I could yield them no fruit of my love unto them; and now that I am a hermit, they shall bear no envy for their love towards me. Or do I forsake myself, because I do enjoy my self? Or do I overthrow my fortunes, because I build not a fortune of paper walls, which every puff of wind bloweth down? Or do I ruinate my honour, because I leave following the pursuit, or wearing the false badge or mark of the shadow of honour? Do I give courage or comfort to the foreign foe, because I reserve myself to encounter with him? Or because I keep my heart from business, though I cannot keep my fortune from declining? No, no, my good lord, I give every one of these considerations its due weight; and the more I weigh them, the more I find myself justified from offending in any of them. As for the two last objections, that I forsake my country when it hath most need of me, and fail in that indissoluble duty which I owe to my sovereign; I answer, that if my country had at this time any need of my public service, her majesty, that governeth it, would not have driven me to a private life. I am tied to my country by two bonds; one public, to discharge carefully and industriously that trust which is committed to me; the other private, to sacrifice for it my life and carcase, which hath been nourished in it. Of the first I am free, being dismissed, discharged, and disabled by her majesty: of the other, nothing can free me but death: and there. fore no occasion of my performance shall sooner offer itself but I shall meet it half-way. The indissoluble duty which I owe unto her majesty, is only the duty of allegiance, which I never have, nor never can fail in; the duty of attendance is no indissoluble duty. I owe her majesty the duty of an earl, and of lord-marshal of England. I have been content to do her majesty the service of a clerk; but I can never serve her as a villain or slave. But yet you say I must give way unto the time. So I do; for now that I see the storm come, I have put myself into the harbour. Seneca saith, We must give way to fortune: I know that fortune is both blind and strong, and therefore I go as far as I can out of her way. You say the remedy is not to strive: I neither strive nor seek for remedy, But you say, I must yield and submit; I can neither yield myself to bo guilty, nor allow the imputation laid upon me to be pert - Lowo po mech to the Author of all truth, as I' can never yield truth to be falsehood, nor falsehood to be truth. Have I given cause, you ask; and vet take a scandal when I have done? No: I gave no cause, not so much as Fimbria's complaint against me; for I did totum telum corpore recipere: receive the whole sword into my body. I patiently bear all, and sensibly feel all that I then received when this scandal was given me. Nay, more: when the vilest of all indignities are done unto me." &c. This noble letter Bacon afterwards, in pleading against Essex, called bold and presumptuous, and derogatory to her majesty. Birch's Memoirs, vol. ii. p. 388. Note 4 S, p. 537. Most of queen Elizabeth's courtiers feigned love and desire towards her, and addressed themselves to her in the style of passion and gallantry. Sir Walter Raleigh, having fallen into disgrace, wrote the following letter to his friend sir Robert Cecil, with a view, no doubt, of having it shown to the queen. "My heart was never broke till this day, that I hear the queen goes away so far off, whom I have followed so many years, with so great love and desire, in so many journeys, and am now left behind her in a dark prison all alone. While she was yet near at hand, that I might hear of her once in two or three days, my sorrows were the less; but even now my heart is cast into the depth of all misery. I, that was wont to behold her riding like Alexander, hunting like Diana, walking like Venus, the gentle wind blowing her fair hair about her pure cheeks, like a nymph, sometimes sitting in the shade like a goddess, sometimes singing like an angel, sometimes playing like Orpheus; behold the sorrow of this world! once amiss hath bereaved me of all. O glory, that only shineth in misfortune! what is become of thy assur ance? All wounds have scars but that of fantasy: all affections their relenting but that of womankind. Who is the judge of friendship but adversity, or when is grace witnessed but in offences? There were no divinity but by reason of compassion; for revenges are brutish and mortal. All those times past, the loves, the sighs, the sorrows, the desires, cannot they weigh down one frail misfortune? Cannot one drop of gall be hid in so great heaps of sweetness? I may then conclude, Spes et fortuna, valete. She is gone in whom I trusted; and of me hath not one thought of mercy, nor any respect of that which was. Do with me now therefore what you list. I am more weary of life than they are desirous I should perish; which if it had been for her as it is by her, I had been too happily born." Murden, 657. It is to be remarked that this nymph, Venus, goddess, angel, was then about sixty. Yet five or six years after she allowed the same language to be held to her, Sir Henry Unton, her ambassador in France, related to her a conversation which he had with Henry IV. The monarch, after having introduced Unton to his mistress, the fair Gabrielle, asked him how he liked her? "I answered sparingly in her praise," said the minister, "and told him, that if, without offence, I might speak it, I had the picture of a far more excellent mis. tress, and yet did her picture come far short of her perfection of beauty. As you love me, said he, show it me if you have it about you. I made some difficulties; yet, upon his importunity, offered it to his view very secretly, holding it still in my hand: he beheld it with passion and admiration, saying that I had reason, Je me rends, protesting that he had never seen the like; so with great reverence, he kissed it twice or thrice, I detaining it still in my hand. In the end, with some kind of contention, he took it from me, vowing that I might take my leave of it; for he would not forego it for any treasure: and that to possess the favour of the lively picture, he would forsake all the world, and hold himself most happy; with many other most passionate speeches." Murden, p. 718. For further particulars on this head, see the ingenious author of the Catalogue of royal and noble authors, article Essex. Note 4 T, p. 542. It may not be amiss to subjoin some passages of these speeches; which may serve to give us a just idea of the government of that age, and of the political principles which prevailed during the reign of Elizabeth. Mr. Laurence Hyde proposed a bill, entiled, An act for the explanation of the common law in certain cases of letters-patent. Mr. Spicer said, This bill may touch the prerogative royal, which as I learned the last parliament, is so transcendent, that the of the subject may not aspire thereunto. Far be it therefore from me, that the state and prerogative royal of the prince should be tied by me, or by the act of any other subject. Mr. Francis Bacon said, As to the prerogative royal of the prince, for my own part, I ever allowed of it; and it is such as I hope will never be discussed. The queen, as she is our sovereign, hath both an enlarging and restraining power. For by her prerogative she may set at liberty things restrained by statute-law or otherwise, and secondly, by her prerogative she may restrain things which be at liberty. For the first, she may grant a non obstante contrary to the penal laws.-With regard to monopolies, and such like cases, the case hath ever been to humble ourselves unto her majesty, and by petition desire to have our grievances remedied, especially when the remedy toucheth her so nigh in point of prerogative.-I say, and I say it again, that we ought not to deal, to judge, or meddle with her majesty's prerogative. I wish therefore every man to be careful of this busines. Dr. Bennet said, He that goeth about to debate her majesty's prerogative had need to walk warily. Mr. Laurence Hyde said, For the bill itself, I made it, and I think I understand it: and far be it from this heart of mine to think, this tongue to speak, or this hand to write anything either in prejudice or derogation of her majesty's prerogative-royal and the state. Mr. Speaker, quoth serjeant Harris, for ought I see, the house moveth to have this bill in the nature of a petition; it must then begin with more humiliation. And truly sir, the bill is good of itself, but the penning of it is somewhat out of course. Mr. Montague said, The matter is good and honest, and I like this manner of proceeding by bill well enough in this matter. The grievances are great, and I would only note unto you thus much, that the last parliament we proceeded by way of petition, which had no successful effect. Mr. Francis More said, I know the queen's prerogative is a thing curious to be dealt withal: yet all grievances are not comparable. I cannot utter with my tongue, or conceive with my heart, the great grievances that the town and country, for which I serve, suffereth by some of these monopolies. It bringeth the general profit into a private hand, and the end of all this is beggary and bondage to the subjects. We have a law for the true and faithful currying of leather; there is a patent sets all at liberty notwithstanding that statute. And to what purpose is it to do anything by act of parliament, when the queen will undo the same by her prerogative? Out of the spirit of humiliation, Mr. Speaker, I do speak it, there is no act of her's that hath been, or is more derogatory to her own majesty, more odious to the subject, more dangerous to the commonwealth, than the granting of these monopolies. Mr. Martin said, I do speak for a town that grieves and pines, for a country that groaneth and languishes, under the burden of monstrous and unconscionable substitutes to the monopolitans of starch, tin, fish, cloth, oil, vinegar, salt, and I know not what; nay, what not? The principalest commodities both of my town and country are engrost into the hands of these blood-suckers of the commonwealth. If a body, Mr. Speaker, being let blood, be left still languishing without any remedy, how can the good estate of that body still remain? Such is the state of my town and country the traffic is taken away, the inward and private commodities are taken away, and dare not be used without the licence of these monopolitans. If these blood-suckers be still let alone to suck up thei best and principalest commodities which the earth there hath given us, what will become of us from whom the fruits of our own soil, and the commodities of our own labour, which, with the sweat of our brows, even up to the knees in mire and dirt, we have laboured for, shall be taken by warrant of supreme authority, which the poor subject dare not gainsay? Mr. George Moore said, We know the power of her majesty cannot be restrained by any act: why therefore should we thus talk? Admit we should make this statute with a non obstante; yet the queen may grant a patent with a non obstante, to cross this non obstante. I think therefore it agreeth more with the gravity and wisdom of this house to proceed with all humbleness by petition than bill. Mr. Dowland said, As I would be no let or overvehement in anything, so I am not sottish or senseless of the common grievance of the commonwealth. If we proceed by way of petition, we can have no more gracious answer than we had the last parliament to our petition. But since that parliament we have no reformation. Sir Robert Wroth said, I speak, and I speak it boldly, these patentees are worse than ever they were, Mr. Hayward Townsend proposed, that they should make suit to her majesty, not only to repeal all monopolies grievous to the subject, but also that it would please her majesty to give the parliament leave to make an act, that they might be of no more force, validity, or effect, than they are at the common law, without the strength of her prerogative. Which though we might now do, and the act being so reasonable, we might assure ourselves her majesty would not delay the passing thereof, yet we, her loving subjects, &c., would not offer, without her privity and consent, (the cause so nearly touching her prerogative,) or go about to do any such act. On a subsequent day the bill against monopolies was again introduced, and Mr. Spicer said, It is to no purpose to offer to tie her majesty's hand by act of parliament, when she may loosen herself at her pleasure. Mr. Davies said, God hath given that power to absolute princes which he attributes to himself. Dixi quod Dii estis. (N. B. This axiom he applies to the kings of England.) Mr. secretary Cecil said, I am servant to the queen; and before I would speak and give consent to a case that should debase her prerogative, or abridge it, I would wish that my tongue were cut out of my head. I am sure there were law-makers before there were laws-(meaning, I suppose, that the sovereign was above the laws.) One gentleman went about to possess us with the execution of the law in an ancient record of 5 or 7 of Edward III. Likely enough to be true in that time, when the king was afraid of the subject. If you stand upon law, and dispute of the prerogative, hark ye what Bracton says, Prærogativam nostram nemo audeat disputare. And for my own part, I like not these courses should be taken. And you, Mr. Speaker, should perform the charge her majesty gave unto you in the beginning of this parliament, not to receive bills of this nature: for her majesty's ears be open to all grievances, and her hand stretched out to every man's petitions. When the prince dispenses with a penal law, that is left to the alteration of sovereignty, that is good and irrevocable. Mr. Montague said, I am loath to speak what I know, lest, perhaps, I should displease. The prerogative royal is that which is now in question, and which the laws of the land have ever allowed and maintained. Let us therefore apply by petition to her majesty. After the speaker told the house that the queen had annulled many of the patents, Mr. Francis More said, I must confess, Mr. Speaker, I moved the house both the last parliament and this, touching this point; but I never ineant (and I hope the house thinketh so) to set limits and bounds to the prerogative royal. He proceeds to move, that thanks should be given to hez majesty; and also, that whereas divers speeches had |