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cautious in their proceedings; neither to venture CHAP farther than their affured warrant might extend, nor hazard their good opinion with her majefty in any doubtful caufe. The member, he faid, whose attendance they required, was not restrained on account of any liberty of fpeech, but for his exhibiting a bill in the house against the prerogative of the queen; a temerity which was not to be tolerated. And he concluded with obferving, that even speeches, made in that house, had been questioned and examined by the fovereign ". Cleere, an other member, remarked, that the fovereign's prerogative is not fo much as difputable, and that the fafety of the queen is the fafety of the subject. He added, that, in questions of divinity, every man was for his inftruction to repair to his ordinary; and he seems to infinuate, that the bishops themselves, for their inftruction, muft repair to the queen ". Fleetwood obferved, that, in his memory, he knew a man, who, in the fifth of the present queen, had been called to account for a fpeech in the house. But left this example should be deemed too recent, he would inform them, from the parliament rolls, that, in the reign of Henry V. a bifhop was committed to prifon by the king's command, on account of his freedom of fpeech; and the parliament prefumed not to go farther than to be humble fuitors for him: In the fubfequent reign the speaker himself was committed, with another

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HA P. member; and the house found no other remedy than a like fubmiffive application. He advised the house to have recourse to the fame expedient; and not to prefume either to fend for their member, or demand him as of, right ". During this fpeech, thofe members of the privy-council who fat in the houfe, whispered together; upon which the speaker moved, that the house should make stay of all farther proceedings: A motion, which was immediately complied with. The queen, finding that the experiment, which fhe had made, was likely to excite a great ferment, faved her honor by this filence of the house; and left the question might be refumed, fhe fent next day to Stricland her permiffion to give his attend, ance in parliament ".

NOTWITHSTANDING this rebuke from the throne, the zeal of the commons ftill engaged them to continue the difcuffion of those other bills which regarded religion; but they were interrupted by a ftill more arbitrary proceeding of the queen, in which the lords condefcended to be her inftruments. This houfe fent a message to the commons, defiring that a committee might attend them. Some members were appointed for that purpose; and the upper houfe informed them, that the queen's majesty, being informed of the articles of reformation which they had canvaffed, approved of them, intended to publish them, and to make the bifhops execute them,

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by virtue of her royal authority, as fupreme CHA P. head of the church of England: But that fhe would not permit them to be treated of in parliament ". The house, though they did not entirely top proceedings on account of this injunction, feem to have been nowife offended at fuch haughty treatment; and in the iffue all the bills came to nothing.

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A MOTION, made by Robert Bell, a puritan, against an exclufive patent granted to a company of merchants in Bristol , gave also occafion to feveral remarkable incidents. The queen, fome days after the motion was made, fent orders by the mouth of the fpeaker, commanding the houfe to spend little time in motions, and to avoid long speeches. All the members understood, that he had been offended, becaufe a matter had been moved, which feemed to touch her prerogative". Fleetwood accordingly spoke of this delicate fubject. He obferved, that the queen had a prerogative of granting patents; that to queftion the validity of any patent was to invade the royal prerogative; that all foreign trade was . entirely fubjected to the pleasure of the fovereign; that even the ftatute, which gave liberty of commerce, admitted of all prohibitions from the crown; and that the prince, when he granted an exclufive patent, only employed the power vested in him, and prohibited all others from 75 Ibid.

" D'Ewes, p. 180. 185. P. 159.

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Ibid. p. 185.

XL. 1571.

CHA P. dealing in any particular branch of commerce. He quoted the clerk of the parliament's book to prove, that no man might speak in parliament of the ftatute of wills, unl-fs the king firft gave licence because the royal prerogative in the wards was thereby touched. He fhowed likewife the ftatutes of Edward I. Edward III. and Henry IV. with a faving of the prerogative. And in Edward VI.'s time, the protector was applied to, for his allowance to mention matters of prerogative".

SIR HUMPHREY GILBERT, the gallant and renowned fea-adventurer, carried these topics ftill farther. He endeavoured to prove the motion, made by Bell to be a vain device, and perilous to be treated of; fince it tended to the derogation of the prerogative Imperial, which whoever fhould attempt fo much as in fancy, could not, he faid, be otherwife accounted than an open enemy. For what difference is there between faying, that the queen is not to use the privilege of the crown, and faying that fhe is not queen? And though experience has shown fo much clemency in her majefty, as might, perhaps, make fubjects forget their duty; it is not good to fport or venture too much with princes. He reminded them of the fable of the hare, who, upon the proclamation, that all horned beafts fhould depart the court immediately fled, left his ears should be conftrued to be horns; and by this apologue he feems to

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infinuate, that even those who heard or permitted CHA P. fuch dangerous fpeeches, would not themselves be entirely free from danger. He defired them to beware, left, if they meddled farther with these matters, the queen might look to her own power; and finding herfelf able to fupprefs their challenged liberty, and to exert an arbitrary au, thority, might imitate the example of Lewis XI. of France, who, as he termed it, delivered the crown from wardship ".

THOUGH this fpeech gave fome difguft, no body, at the time, replied any thing, but that Sir Humphrey mistook the meaning of the house, and of the member who made the motion : They never had any other purpose, than to represent their grievances, in due and feemly form, unto her majesty. But in a subsequent debate Peter Wentworth, a man of a fuperior free spirit, called that speech an infult on the house; noted Sir Humphrey's difpofition to flatter and fawn on the prince; compared him to the cameleon, which can change itself into all colors, except white; and recommended to the house, a due care of liberty of fpeech, and of the privileges of parliament ". It appears, on the whole, that the motion against the exclufive patent had no effect. Bell, the member who first introduced it, was fent for by the council, and was feverely reprimanded for his temerity. He returned to the houfe with fuch an amazed countenance, that

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