* D’Ewes, p. 168.
** D’Ewes, p. 175.
It appears, on the whole, that the motion against the exclusive patent had no effect. Bell, the member who first introduced it, was sent for by the council, and was severely reprimanded for his temerity. He returned to the house with such an amazed countenance, that all the members, well informed of the reason, were struck with terror; and during some time no one durst rise to speak of any matter of importance, for fear of giving offence to the queen and council. Even after the fears of the commons were somewhat abated, the members spoke with extreme precaution; and by employing most of their discourse in preambles and apologies, they showed their conscious terror of the rod which hung over them. Wherever any delicate point was touched, though ever so gently; nay, seemed to be approached, though at ever so great a distance; the whisper ran about the house, “The queen will be offended; the council will be extremely displeased:” and by these surmises men were warned of the danger to which they exposed themselves. It is remarkable that the patent, which the queen defended with such imperious violence, was contrived for the profit of four courtiers, and was attended with the utter ruin of seven or eight thousand of her industrious subjects.[*]
Thus every thing which passed the two houses was extremely respectful and submissive; yet did the queen think it incumbent on her, at the conclusion of the session, to check and that with great severity, those feeble efforts of liberty which had appeared in the motions and speeches of some members. The lord keeper told the commons, in her majesty’s name, that though the majority of the lower house had shown themselves in their proceedings discreet and dutiful, yet a few of them had discovered a contrary character, and had justly merited the reproach of audacious, arrogant, and presumptuous: contrary to their duty, both as subjects and parliament men; nay, contrary to the express injunctions given them from the throne at the beginning of the session; injunctions which it might well become them to have better attended to; they had presumed to call in question her majesty’s grants and prerogatives. But her majesty warns them, that since they thus wilfully forget themselves, they are otherwise to be admonished: some other species of correction must be found for them; since neither the commands of her majesty, nor the example of their wiser brethren, can reclaim their audacious, arrogant, and presumptuous folly, by which they are thus led to meddle with what nowise belongs to them, and what lies beyond the compass of their understanding.[**]
* D’Ewes, p. 242.
** D’Ewes, p. 151
In all these transactions appears clearly the opinion which Elizabeth had entertained of the duty and authority of parliaments. They were not to canvass any matters of state; still less were they to meddle with the church. Questions of either kind were far above their reach, and were appropriated to the prince alone, or to those councils and ministers with whom he was pleased to intrust them. What then was the office of parliaments? They might give directions for the due tanning of leather, or milling of cloth; for the preservation of pheasants and partridges; for the reparation of bridges and highways; for the punishment of vagabonds or common beggars. Regulations concerning the police of the country came properly under their inspection; and the laws of this kind which they prescribed, had, if not a greater, yet a more durable authority, than those which were derived solely from the proclamations of the sovereign. Precedents or reports could fix a rule for decisions in private property, or the punishment of crimes; but no alteration or innovation in the municipal law could proceed from any other source than the parliament; nor would the courts of justice be induced to change their established practice by an order of council. But the most acceptable part of parliamentary proceedings was the granting of subsidies; the attainting and punishing of the obnoxious nobility, or any minister of state after his fall; the countenancing of such great efforts of power, as might be deemed somewhat exceptionable, when they proceeded entirely from the sovereign. The redress of grievances were sometimes promised to the people; but seldom could have place, while it was an established rule, that the prerogatives of the crown must not be abridged, or so much as questioned and examined in parliament. Even though monopolies and exclusive companies had already reached an enormous height, and were every day increasing to the destruction of all liberty, and extinction of all industry, it was criminal in a member to propose, in the most dutiful and regular manner, a parliamentary application against any of them.
These maxims of government were not kept secret by Elizabeth, nor smoothed over by any fair appearances or plausible pretences. They were openly avowed in her speeches and messages to parliament; and were accompanied with all the haughtiness, nay, sometimes bitterness of expression, which the meanest servant could look for from his offended master. Yet, notwithstanding this conduct, Elizabeth continued to be the most popular sovereign that ever swayed the sceptre of England; because the maxims of her reign were conformable to the principles of the times, and to the opinion generally entertained with regard to the constitution. The continued encroachments of popular assemblies on Elizabeth’s successors have so changed our ideas in these matters, that the passages above mentioned appear to us extremely curious, and even, at first, surprising; but they were so little remarked, during the time, that neither Camden, though a contemporary writer, nor any other historian, has taken any notice of them. So absolute, indeed, was the authority of the crown, that the precious spark of liberty had been kindled, and was preserved, by the Puritans alone; and it was to this sect, whose principles appear so frivolous, and habits so ridiculous, that the English owe the whole freedom of their constitution. Actuated by that zeal which belongs to innovators, and by the courage which enthusiasm inspires, they hazarded the utmost indignation of their sovereign, and employing all their industry to be elected into parliament,—a matter not difficult while a seat was rather regarded as a burden than an advantage—they first acquired a majority in that assembly, and then obtained an ascendent over the church and monarchy.
The following were the principal laws enacted this session. It was declared treason, during the lifetime of the queen, to affirm that she was not the lawful sovereign, or that any other possessed a preferable title, or that she was a heretic, schismatic, or infidel, or that the laws and statutes cannot limit and determine the right of the crown and the successor thereof: to maintain, in writing or printing, that any person, except the “natural issue” of her body, is, or ought to be, the queen’s heir or successor, subjected the person and all his abettors, for the first offence, to imprisonment during a year, and to the forfeiture of half their goods: the second offence subjected them to the penalty of a præmunire.[*] This law was plainly levelled against the queen of Scots and her partisans; and implied an avowal, that Elizabeth never intended to declare her successor. It may be noted, that the usual phrase of “lawful issue,” which the parliament thought indecent towards the queen, as if she could be supposed to have any other, was changed into that of “natural issue.” But this alteration was the source of pleasantry during the time; and some suspected a deeper design, as if Leicester intended, in case of the queen’s demise, to produce some bastard of his own, and affirm that he was her offspring.[**]
* 13 Eliz. c. I.
** Camden, p. 436.
It appeared this session, that a bribe of four pounds had
been given to a mayor for a seat in parliament. D’Ewes, p.
181. It is probable that the member had no other view than
the privilege of being free from arrests.
It was also enacted, that whosoever by bulls should publish absolutions or other rescripts of the pope, or should, by means of them, reconcile any man to the church of Rome, such offenders, as well as those who were so reconciled, should be guilty of treason. The penalty of a præmunire was imposed on every one who imported any Agnus Dei, crucifix, or such other implement of superstition, consecrated by the pope.[*] The former laws against usury were enforced by a new statute.[**] A supply of one subsidy and two fifteenths was granted by parliament. The queen, as she was determined to yield to them none of her power, was very cautious in asking them for any supply. She endeavored, either by a rigid frugality to make her ordinary revenues suffice for the necessities of the crown, or she employed her prerogative, and procured money by the granting of patents, monopolies, or by some such ruinous expedient.
* 13 Eliz. c. 2.
** 13 Eliz. c. 8.