The parliament passed a law, which, in case of the queen’s demise, appointed him protector during the minority; and the king and queen, finding they could obtain no further concessions, came unexpectedly to Westminster and dissolved them.

There happened an incident this session which must not be passed over in silence. Several members of the lower house, dissatisfied with the measures of the parliament, but finding themselves unable to prevent them, made a secession, in order to show their disapprobation, and refused any longer to attend the house.[*] For this instance of contumacy they were indicted in the king’s bench, after the dissolution of parliament: six of them submitted to the mercy of the court, and paid their fines: the rest traversed; and the queen died before the affair was brought to an issue. Judging of the matter by the subsequent claims of the house of commons, and, indeed, by the true principles of free government, this attempt of the queen’s ministers must be regarded as a breach of privilege; but it gave little umbrage at the time, and was never called in question by any house of commons which afterwards sat during this reign. The count of Noailles, the French ambassador, says that the queen threw several members into prison for their freedom of speech.[**]

* Coke’s Institutes, part iii. p. 17. Strype’s Memor. vol.
i.p.165
** Vol. v. p. 296.

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CHAPTER XXXVII

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MARY.

1555.

THE success which Gardiner, from his cautious and prudent conduct, had met with in governing the parliament, and engaging them to concur both in the Spanish match and in the reëstablishment of the ancient religion,—two points to which, it was believed, they bore an extreme aversion,—had so raised his character for wisdom and policy that his opinion was received as an oracle in the council; and his authority, as it was always great in his own party, no longer suffered any opposition or control. Cardinal Pole himself, though more beloved on account of his virtue and candor, and though superior in birth and station, had not equal weight in public deliberations; and while his learning, piety, and humanity were extremely respected, he was represented more as a good man than a great minister. A very important question was frequently debated before the queen and council by these two ecclesiastics; whether the laws lately revived against heretics should be put in execution, or should only be employed to restrain by terror the bold attempts of these zealots. Pole was very sincere in his religious principles; and though his moderation had made him be suspected at Rome of a tendency towards Lutheranism, he was seriously persuaded of the Catholic doctrines, and thought that no consideration of human policy ought ever to come in competition with such important interests. Gardiner, on the contrary, had always made his religion subservient to his schemes of safety or advancement; and by his unlimited complaisance to Henry, he had shown that, had he not been pushed to extremity under the late minority, he was sufficiently disposed to make a sacrifice of his principles to the established theology. This was the well-known character of these two great counsellors; yet such is the prevalence of temper above system, that the benevolent disposition of Pole led him to advise a toleration of the heretical tenets which he highly blamed; while the severe manners of Gardiner inclined him to support by persecution that religion which, at the bottom, he regarded with great indifference.[*] This circumstance of public conduct was of the highest importance; and from being the object of deliberation in the council, it soon became the subject of discourse throughout the nation. We shall relate, in a few words, the topics by which each side supported, or might have supported, their scheme of policy; and shall display the opposite reasons which have been employed, with regard to an argument that ever has been, and ever will be, so much canvassed.

* Heylin, p. 47.