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1601.]

HER POWER OVER PARLIAMENT.

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greatly augmented her revenue, and avoided frequent recourse to parliament, by the money she obtained for grants of monopolies for the exclusive sale of commodities,—some of them the common necessaries of life. A list of those granted to her courtiers was read in the house of commons in 1601; an indignant member asked, "Is not bread amongst them?" In that parliament, with fear and trembling at the danger of encountering the prerogative royal, a bill was brought into the house of commons, by Mr. Laurence Hide, "for the explanation of the common law in certain cases of letterspatent."2 Elizabeth, now in the last year of her life, commanded the Speaker to inform the house, that, "understanding that divers patents which she had granted had been grievous to her subjects, some should be presently repealed, some superseded, and none put in execution but such as should first have a trial, according to the law, for the good of the people." "3 The house waited on the queen with an address of thanks; she replied, "Never since I was a queen did I put my pen to any grant but upon pretext and sem blance made to me, that it was both good and beneficial to the subjects in general, though a private profit to some of my ancient servants who had deserved well. . . . I have ever used to set the last judgment-day before my eyes, and so to rule as I shall be judged to answer before a higher judge; to whose judgment-seat I do appeal, that never thought was cherished in my heart that tended not to my people's good."4

Yet with all this power of oppression, the recital of which raises a feeling of commiseration for the unhappy people who came under its influence, Elizabeth was a popular monarch, admired and beloved by her subjects, who have transmitted their admiration to their posterity. No attempt, or even conspiracy, originating with the people, was ever made to take her life, or remove her from the throne; although she protected herself by no army, nor had she any guard but a small body of yeomen. On the contrary, when a con3 Idem, p. 469.

1 Parl. Hist., vol. iv. p. 462.
2 Idem, p. 452.

Idem, p. 480.

spiracy was discovered, in 1584,-imputed to the intrigues of Mary, Queen of Scots,-an association was formed by the Earl of Leicester and other courtiers; "and as," observes Hume, "Elizabeth was beloved by the whole nation, except the more zealous Catholics, men of all ranks willingly flocked to the subscription of it." It must be supposed, therefore, that her power was exercised with great moderation towards the body of the people; and that any injurious effect it was calculated to produce on their loyalty, was counteracted by their admiration of Elizabeth, as a bold defender of the Protestant religion and of the national rights and interests, against enemies at home and abroad; and by the knowledge that all quailed under her authority, from the peer to the peasant.

In a constitutional history it would be unpardonable to overlook Peter Wentworth, member for Tregony in Cornwall, the leader of a small band of Puritan patriots, who upheld the principles of civil liberty, and the privileges of parliament, and dared to assert them in defiance of Elizabeth's prerogative and power. We first find him in the parliament of 1575, in which he made a speech in behalf of the liberties and privileges of the commons,-overlaid, indeed, with much matter, but its diffuseness perhaps necessary to cover the patriotic sentiments by a profession of great veneration and respect for the queen, and of submission to her government. "Sweet," he said, "is the name of liberty; but the thing itself a value beyond all inestimable treasure. So much the more it behoveth us to take care lest we, contenting ourselves with the sweetness of the name, lose and forgo the thing." He reminds the house that they are assembled “to make or abrogate such laws as may be to the chiefest surety and enrichment of this noble realm. In the last and preceding session, I saw the liberty of free speech, so much and so many ways infringed, and so many abuses offered to this honourable council, as hath much grieved me; wherefore I do think it expedient to open 1 Hume's History, cap. 41.

1588.]

PETER WENTWORTH.

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the commodities that grow to the prince and state by free speech. Without this it is a scorn and mockery to call it a parliament-house; for in truth it is a school of flattery and dissimulation. Two things do great hurt here: one, a rumour which runneth about the house, 'Take heed what you do; the queen's majesty liketh not such a matter; whosoever preferreth it, she will be offended with him.' On the contrary, 'Her majesty liketh of such a matter; whosoever speaketh against it, she will be much offended with him,' The other is a message sometimes brought into the house, either of commanding or inhibiting, very injurious to the freedom of speech and consultation. I would to God, Mr. Speaker, that these two were buried in hell. The king hath no peer or equal in the kingdom; but he ought to be under God and the law, because the law maketh him a king. A message was brought last session into the house, that we should not deal in any matters of religion, but first to re ceive from the bishops. Surely this was a doleful message, for it was as much as to say, ye shall not deal in God's causes. He declared his design to be to seek "the advancement of God's glory, an honourable sovereign's safety, and the sure defence of this noble isle of England, by maintaining the liberties of this honourable council, the fountain from whence all these do spring." For this noble speech, Mr. Wentworth was committed to the Tower; from which he was liberated on the 12th of March, by a message from the queen.1

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We find him again in the parliament of 1588, proposing to the Speaker a series of questions, "how far he might proceed in that honourable council in matters that concern the glory of God, and our true and loyal service to our prince and state." These questions were pointed at the control exer, cised by the queen; and they inquire, "whether the house be not a place for any member freely and without controlment of any person, or danger of laws, by bill or speech, to utter any of the griefs of the commonwealth ;-whether 1 Parliamentary History, vol. iv. pp. 186-200,

honour may be done to God, and benefit and service to the prince and state, without free speech;-whether there be any councils besides parliament, which can make, add to, or diminish from the laws of the realm;-whether it be not against the orders of that house to make any secret or matter of weight, in hand, known to the prince;-whether the Speaker, or any other, may interrupt any member in his speech in this house;-whether the Speaker may rise when he will, without consent of the house ;-whether the Speaker may overrule the house;-whether the prince and state can continue, stand, and be maintained without the parliament, but by altering the government of the state." For these questions Mr. Wentworth was again committed to the Tower; but parliament being dissolved soon afterwards, he obtained his release.1

In Wentworth and his little band of Puritans we have the originators of that party which, animated by religious zeal as well as civil freedom, never ceased to resist the prerogatives of the crown, until they were reduced within the limits of our existing constitution.

The reign of Elizabeth did not add to the statute-book any constitutional law, except the great law of her reign, the "Act for the Relief of the Poor." 12 This conferred on the people the constitutional right of being fed and supported when reduced to extreme poverty. It divided the poor into two classes;-those not able to work, and those unable to procure work; and it directed the churchwardens and overseers of every parish

To give relief to lame, impotent, old, and blind poor, not able to work;

To set to work persons having no means, and using no ordinary or daily trade of life, to get their living by.

Parliamentary History, vol. iv. pp. 316–319.

243 Eliz. cap. 2, "An Act for the Relief of the Poor," 1601.

CHAPTER XIV.

JAMES I., FIRST OF THE STUART MONARCHS.

1603-1625. Reigned 22 years.

Accession of James I.-Meeting of Parliament.-Its Flattery of the King.-Battle commenced between Prerogative and Freedom.-Doctrine of Divine Right of Kings.-Parliament, 1603-4.-Legislation continued against Romanists.-Gunpowder Plot.-Acts against Popish Recusants.-Parliament, 1609.-Test applied to Aliens.-King's Proclamation about Elections:-Goodwin's Case-Commons' Privilege from Arrest confirmed.—Vindication of their Privilege.—Member Expelled. Session, 1610.-King's Speech.-Bates' Case.-Cowell's 'Interpreter.'-Commous Protest against Proclamations.-Proposals for Union of Scotland, and Abolition of Feudal Revenues.-James's Embarrassments.-Baronets created.-Lotteries established.-1614.-A Parliament.-Impositions, without Consent of Parliament.—Dissolved. -Government supported by Benevolences.—1621.-War in the Palatinate. A Parliament called.-King's Speech.-Subsidy granted.Lloyde's case.-Parliament adjourned.-Reassembled.-Lord Keeper's Speech.-Commons' Remonstrance.-King's Letter.—Second Remonstrance.-King's Answer.-Commons resolve to place their Privileges on Record.-Commons' Protestation.-Erased from the Journala by the King. The Patriots punished.-New Parliament, 1623.-Commons give Subsidies to support the War.-Commissioners to Control the Expenditure.-Impeachment of a Minister.-Monopolies.-Sta tute abolishing them.

JAMES, the sixth of Scotland and the first of England, ascended the throne on the demise of Elizabeth, on the 24th of March, 1603,-founding his title on hereditary right, and without regard to the act of parliament which enabled Henry VIII., in default of issue of his children, to settle the crown on whom he pleased by his last will, and by vir

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