1566

of privilege.

Eighth, speech in Parliament had been ostentatiously CHAP X free; the Act of Appeals had been under discussion for two years and more, Catholic and Protestant had November spoken their minds without restraint; yet among the many strained applications of the treason law no peer or commoner had been called to answer for words spoken by him in his place in the legislature. The Queen's injunc- Question tion of silence had poured oil into the fire, and raised a fresh and more dangerous question of privilege. As soon as the House met again on Monday morning Mr. Paul Wentworth rose to know whether such an order was not against the liberties' of Parliament.1 He and other members inquired whether a message sent by a public officer was authority sufficient to bind the House, or whether if neither the message itself nor the manner in which it was delivered was a breach of privilege, 'what offence it was for any of the House to declare his opinion to be otherwise.' 2 The debate lasted five hours, and (a rare if not unprecedented occurrence) was adjourned.

Elizabeth, more angry than ever, sent for the Speaker; she insisted that there should be no further argument :' any member of either House was dissatisfied he must give his opinion before the Council.

if

The Commons having gone so far had no intention of yielding; and de Silva watched the crisis with a malicious hope of a collision between the two Houses and of both with the Queen. The Lower House, he said, was determined to name a successor, and was all but unanimous for Lady Catherine; the Peers were as decided for the Queen

1566 November

CHAP X of Scots. A dissolution would leave the Treasury without a subsidy, and could not be thought of save at the last extremity. On the return of the Speaker the Commons named a committee to draw up an answer which though in form studiously courteous was in substance as deliberately firm. The finishing touch was given to it by Cecil, and the sentences added in his hand were those which insisted most on the liberty of Parliament, and most justified the attitude which the Commons had assumed.

After thanking the Queen for her promise to marry, and assuring her that, whatever she might think to the contrary, they meant nothing but what became them as loyal subjects, they said that they submitted reluctantly to her resolution to postpone the settlement of the succession, being most sorry that any manner of impediment had appeared to her Majesty so great as to stay her from proceeding in the The Com- same." They had however received a message implying 'that they had deserved to be deprived, or at least sequestrated, much to their discomfort and infamy, from their ancient and laudable custom, always from the beginning necessarily annexed to their assembly, and by her Majesty always confirmed that is, a lawful sufferance and dutiful liberty to treat and devise matters honourable

mons re

monstrate.

93

1566

to her Majesty and profitable to the realm.' Before this CHAP X message reached them they had made no determination to deal in any way to her discontentation; they therefore November besought her of her motherly love that they might continue in their course of duty, honouring and serving her like children, without any unnecessary, unaccustomed1 or undeserved yoke of commandment; so should her Majesty continue the singular favour of her honour, wherein she did excel all monarchs, for ruling her subjects without misliking; and they also would enjoy the like praise above all other people for obeying without constraintthan the which no prince could desire more earthly honour, nor no people more earthly praise.'

No one knew better than Elizabeth how to withdraw from an indefensible position, and words so full of firmness and dignity might perhaps have produced an effect; but before the address could be presented a fresh apple of discord was thrown into the arena.

Adamson

on the

A book had appeared in Paris, written by a refugee Patrick Scot named Patrick Adamson. The subject of it was the birth of James; and the Queen of Scots' child was de- succession. scribed as the heir of the English throne. Copies had been scattered about London, and Elizabeth had already directed Mary Stuart's attention to the thing as a matter strange and not to be justified.'

3

On the 21st of November, on occasion of a measure laid before the House against the introduction of seditious books from abroad, a Mr. Dalton brought forward this production of Adamson in the fiercest Protestant spirit.

'How say you,' he exclaimed, to a libel set forth in

1 Cecil's hand.

2 The conclusion is entirely Cecil's.

3 Elizabeth to Bedford, November 13.-Scotch MSS. Rolls House. ELIZ. II.

Y

November

Mr. Dalton.

CHAP X print calling the Infant of Scotland Prince of England, 1566 Scotland, and Ireland? Prince of England, Scotland, and Ireland! What enemy to the peace and quietness of the Speech of realm of England-what traitor to the crown of this realm hath devised, set forth, and published this dishonour against the Queen's most excellent Majesty and the crown of England? Prince of England, and Queen Elizabeth as yet having no child!-Prince of England, and the Scottish Queen's child!-Prince of Scotland and England, and Scotland before England! who ever heard or read that before this time? What true English heart may sustain to hear of this villany and reproach against the Queen's highness and this her realm? It is so that it hath pleased her highness at this time to bar our speech; but if our mouths shall be stopped, and in the mean time such despite shall happen and pass without revenge, it will make the heart of a true Englishman break within his breast.'

Arrest of
Dalton.

With the indignity of the matter being,' as he afterwards said, 'set on fire,' Dalton went on to touch on dangerous matters, and entered on the forbidden subject of the Scottish title. The Speaker gently checked him, but not before he had uttered words which called out the whole sympathy of the Commons, and gave them an opportunity of showing how few friends in that house Mary Stuart as yet could count upon.1

1

The story was carried to the Queen: she chose to believe that the House of Commons intended to defy her; she ordered Dalton into arrest and had him examined before the Star Chamber; she construed her own orders into

1 Mr. Dalton's Speech, according to the Report.-Domestic MSS., ELIZ., vol. xli.

a law, and seemed determined to govern the House of CHAP X Commons as if it was a debating society of riotous boys.

1566

November

Commons

The Commons behaved with great forbearance: they replied to the seizure of the offending member by requesting to have leave to confer upon the liberties of the House.' The original question of the succession was lost in the larger one of privilege, and the address which they had previously drawn seemed no longer distinct enough for the occasion. The Council implored Elizabeth to consider what she was doing. As soon as her anger cooled she felt herself that she had gone too far, The and not caring to face a conference, foreseeing that demand a thereof must needs have ensued more inconvenience than conference. were meet,' she drew back with temper not too ruffled to save her dignity in giving way. Her intention had been to extort or demand the sanction of the House for the prosecution of Dalton. Discovering in time that if they The Queen refused she had no means of compelling them, she would not risk an open rupture. The prisoner was released 'without further question or trial,' and on the 25th she sent orders to the Speaker to relieve the House of the burden of her commandment.' She had been assured, she said, that they had no intention of molesting her, and that they had been much perplexed' by the receipt of her order; she did not mean to prejudice any part of the laudable liberties heretofore granted to them;' she would therefore content herself with their obedient behaviour, and she trusted only that if any person should begin again to discuss any particular title, the Speaker would compel him to be silent.'

The Commons were prudent enough to make the

1 Note of the words of the Queen to the Speaker of the House of Commons. -Domestic MSS., ELIZ., vol. xli. Leicester to Cecil, November 27.-MS. Ibid.

gives way.