rude sketch of thofe principles of liberty which happily gained afterwards the afcendant in England, it may not be improper to give, in a few words, the fubftance of it. He premifed, that the very name of liberty is fweet; but the thing itself is precious beyond the most ineftimable treafure: and that it behoved them to be careful, left, contenting themselves with the fweetness of the name, they forego the fubftance, and abandon what of all earthly poffeffions was of the highest value to the kingdom. He then proceeded to obferve, "that freedom of speech in that houfe, a privilege fo ufeful both to fovereign and subject, had been formerly infringed in many effential articles, and was, at prefent, expofed to the moft imminent danger: that it was ufual, when any fubject of importance was handled, especially if it regarded religion, to furmife, that thefe topics were difagreeable to the queen, and that the farther proceeding in them would draw down her indignation upon their temerity: that Solomon had juftly affirmed, the king's displeasure to be a mesfenger of death; aud it was no wonder that men, even though urged by motives of confcience and duty, fhould be inclined to flop fhort, when they found themfelves expofed to fo fevere a penalty that by employing this argument, the houfe was incapacitated from ferving their country, or even from serving the queen herfelf; whofe ears, befieged by pernicious flatterers, were thereby rendered inacceffible to the most falutary truths: that it was a mockery to call an affembly a parliament, and yet deny them that privilege, which was fo effential to their being, and without which they must degenerate into an abject school of fervitude and diffimulation: that as the parliament was the great guardian of the laws, they ought to have liberty to difcharge their truft, and to maintain that authority whence even kings themselves derive their being: that a king was conftituted fuch by law, and though he was not dependant on man, yet was he fubordinate to God and the law, and was obliged to make their prefcriptions, not his own will, the rule of his conduct that even his commiffion, as God's vicegerent, enforced, inftead of loofening, this obligation; fince he was thereby invefted with authority to execute on carth the will of God, which is nothing but law and juftice; that though these furmifes of difpleating the queen by their proceedings, had impeached, in a very effential point, all freedom of fpeech, a privilege granted them by a fpecial law; yet was there a more exprefs and more dangerous invafion made on their liberties, by frequent meflages from the throne: that it had become a practice, when the houfe were entering on any question, either ecclefiaftical or civil, to bring an order from the queen, prohibiting them abfolutely to treat of fuch matters, and barring them all farther difcuffion of thefe momentous articles: that the

prelaes,

prelates, emboldened by her royal protection, had affumed a decifive power in all questions of religion, and required that every one should implicitly fubmit his faith to their arbitrary determinations that the love which he bore his fovereign, forbad him to be filent under fuch abufes, or to facrifice, on this important occafion, his duty to fervile flattery and complaifance: and that, as no earthly creature was exempt from fault, fo neither was the Queen herfelf; but in impofing this fervitude on her faithful Commons, had committed a great, and even dangerous, fault, against herself and the whole realm."

From this fpeech, as our Hiftorian juftly remarks, it is easy to obferve, that the parliamentary ftile was then crude and unformed; and that the proper decorum of attacking minifters. and counsellors, without interefting the honour of the crown, or mentioning the perfon of the Sovereign, was not yet entirely eftablished. Mr. Wentworth, at the iflue of this affair, underwent a month's confinement for the liberty he had taken in this debate.

Nevertheless, the fevere treatment he met with, did not abate the zeal of that bold patriot; for, fome years after, as appears from our Hiftorian, he delivered to Mr. Speaker certain articles, which contained questions concerning the liberties of the house, and to fome of which he was to anfwer, and defired they might be read. Mr. Speaker defired him to fpare his motion, but Mr. Wentworth would not be fatisfied, but required that his articles might be read. Mr. Wentworth introduced his queries by lamenting, that he, as well as many others, were deterred from fpeaking by their want of knowlege and experience in the liberties of the house; and the queries were as followsWhether this council were not a place for any member of the fame, here affembled, freely, and without controul of any perfon, or danger of laws, by hill or fpeech, to utter any of the griefs of this commonwealth whatsoever, touching the fervice of God, the fafety of the Prince and this noble realm? Whether that great honour may be done unto God, and benefit and fervice unto the Prince and frate, without free fpeech 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 fecret or matter of weight, which is here in hand, known to the Prince, or any other, concerning the high service of God, Prince, or ftate, without the content of this house? Whether the Speaker, or any other, may interrupt any member of this council in his fpeech ufed in this houfe, tending to any of the forenamed rvices? Whether the Speaker may rife when he will, any mat

DJ 4

ter

ter being propounded, without the confent of the Houfe, or not? Whether the Speaker may over rule the House in any matter or caufe there in queftion, or whether he is to be ruled or over-ruled in any matter or not? Whether the Prince and State can continue and ftand, and be maintained, without this council of Parliament, not altering the government of the State?

In confequence of thefe queries, Mr. Wentworth, with others who were thought to have spoken too freely, was fent to the Tower, and detained in cuftody, till the Queen thought fit to release them. Upon this paffage, our Hiftorian makes the following query-I fhall only afk,' fays he, Whether it be not fufficiently clear, from all thefe tranfactions, that in the two fucceeding reigns, it was the people who encroached upon the fovereign, not the fovereign who attempted, as is pretended, to ufurp upon the people?

This query comes with an ill grace, from a Writer of our Author's liberal caft of mind. Thefe tranfactions do by no means make it evident, that, in the two fucceeding reign, the fovereign did not ufurp upon the people, If precedents, abftractedly confidered, are admitted as pleas in juftification of regal mal-adminiftration, there is fcarce an inftance of oppreffion and tyranny, which may not be vindicated on that footing. But when we confider whether acts of government are founded on right, or exercited by way of ufurpation, we muft examine them on the grounds of general ufage, fupported by fundamental principles, and conftitutional maxims. From this mode of examination it will appear, that thefe tranfactions of Elizabeth were clearly ufurpations in her, and her immediate predeceffors, and confequently could not change their nature in her fucceffors. The liberty he took of filencing members in the course of their debates on religious and civil matters, was manifeftly ufurped: bacaufe whether we confider the antient practice in fuch cafes, or the nature of Parliaments, or laftly, the form of the old writ of election; it will appear that the Parliament had not only a right of difcuffing fuch points, but that it was their duty, and the chief end of their meeting.

With regard to antient practice, it is paft all doubt that the Kings of England ufed to afk, and gracioufly receive, the advice of their Parliaments, on important occafions. Evidences of this fort may be copioufly collected from Sir Robert Cotton, who has produced many inftances for this purpofe from the time of King John, to the reign of the Queen of whom we are now pcaking. Even that inconfiftent tyrant Henry the Eighth, courted and received council from his Parliament, both in religious and civil affairs. We find them not only giving,

but

but often obtruding their advice, nay, interpofing their authority; and this, too, even in the King's domeftic concerns. Thus in the time of Edward the Second, and Third, Richard the Second, Henry the Fourth and Sixth, and others, the King's houfhold was regulated by parliament. In Richard the Second's time, a commiflion was granted, at the petition of the Commons, to furvey and abate the houfhold.

With respect to the nature of Parliaments, not to enter into the old difpute at what time the Commons became a part of that affembly, it is manifeft that they were from the beginning fummoned to debate of the public affairs of the kingdom: and their jurifdiction antiently was extremely extenfive, they having an original judicial authority in many cafes which they have fince loft.

With relation to the old writ of election, the words of it are an inconteftible proof of the Parliament's right of free debate: for it antiently recited, "That whereas the king was defirous to have a conference and treaty with the Barons, and other great men of the kingdom, to provide remedies against the dangers of the kingdom; that therefore the Sheriff command the Knights, Citizens, &c. to be at Westminster, to treat, ordain, and do, fo as thefe dangers may be prevented." But, indeed, the very derivation of the word Parliament, in itfelf implies an uninterrupted freedom of debate. Therefore, from all thefe circumftances, it appears, that thefe tranfactions of the Queen, refpecting the liberty of debate, were ufurpations; and confequently were fuch in her fucceffors, though they were not original ones in them, or perhaps in her. But admitting that their ufurpations may in thefe particulars be palliated by these bad precedents, yet they were guilty of other original acts of arbitrary power: and the unhappy Charles, after he had folemnly acknowleged particular rights of his people, by which acknowlegement he refigned all plea of prerogative, and all advantage from precedents; yet, neverthelef, did not fcruple to renew his violation of thofe rights: which violation, by means of the new contract he had figned with his people, became an original ufurpation in him. Upon the whole, the conduct of thefe two monarchs, efpecially of the latter, admits of no vindication. But it is time to return to our Hiftorian, who relates a curious incident, which fets Mary's extreme animofity against Elizabeth, on account of the rigorous treatment fhe met with from the latter, in a very ftrong light.

While the former Queen was kept in cuftody by the Earl of Shrewsbury, the lived during a long time in great intimacy with the Countefs; but that lady entertaining a jealousy of an

amour

4

amour between her and the Earl, their friendship was converted into enmity, and Mary took a method of revenge, which at once gratified her refentment against the Countess and Elizabeth. She wrote to the Queen, informing her of all the fcandalous flories, which, the faid, the Countess of Shrewsbury had reported of her.That Elizabeth had given a promife of marriage to a certain person whom the afterwards often admitted to her bed; that he had been equally indulgent to Simier, the French agent, and the Duke of Anjou.-That Hatton was one of her paramours, who was even difgufted with her exceffive love and fondnefs that the fpared no expence in gratifying her amorous paffions that notwithstanding her licentious amours, she was not made like other women; and that all thofe who courted her, would in the end be difappointed: that he was fo conceited of her beauty, as to fwallow the most extravagant flattery from her courtiers. She pretended, that the Countefs had reprefented her as no lefs odious in her temper, than profligate in her manners, and abfurd in her vanity that she had fo beaten a young woman of the name of Scudamore, as to break that lady's finger: and that fhe had cut another across the hand with a knife. How far, fays our Hiftorian, all thefe imputations against Elizabeth can be credited, may, perhaps, appear doubtful. But he obferves that her extreme fondness for Leicester, Hatton, and Effex, not to mention Mountjoy, and others, with the curious paffages between her and Admiral Seymour, contained in Haynes, render her chastity very fufpicious. Her felf-conceit, fays he, with regard to beauty, we know, from other undoubted authority, to have been extravagant. Her paffionate temper, he adds, may also be proved from many lively inftances. It was not unusual with her to beat her maids of honour: and the blow he gave to Effex, before the privy council, is another remarkable inftance.

Our Historian takes notice, that this imprudent and malicious letter was wrote a very little before the detection of Queen Mary's con/piracy; and contributed, as he oblerves, no doubt, to render the proceedings againft her more rigorous. The event of thofe proceedings, is well known. The unfortunate Queen of Scots loft her life by the hands of the executioner. Her character, as drawn by our Hiftorian, must not be omitted. It is fhort, juft, and spirited.

Thus died, in the forty-fixth year of her age, and the nineteenth of her captivity in England, Mary Queen of Scots; a princess of great accomplishments, both of body and mind, natural as well as acquired; but unhappy in her life, and during one period, very unfortunate in her conduct. The beauties of her perfon, and of her air, combined to make her the most

amiable