the strength of this, the voluntary restitution which the Queen desired was laid before her subjects. On this occasion Gardiner displayed for the last time the high commanding temper and intelligence, which friends and foes alike had owned throughout his life. "On these two days," exclaimed Pole, "he has surpassed not only his own mind, but his own body, he who in mind surpasses all. In In speaking for the King, the Queen, the commonwealth, he commanded disease, and let not one sign of weakness appear. He is labouring with maladies : when his sickness began, impiety and injustice lifted their heads religion and justice seem expiring with him. Who can supply his place?" *

As soon as the Houses got to work, their ill humour manifested itself. The demand of money touched the Commons on their tender point: the sufferings of the martyrs, or at least the common danger of the persecution, had awakened some horror and in their resentment they showed signs of desiring to fling upon the clergy the burden of their own legislative crime, or of their predecessors, in having revived the laws against heretics. As to the Queen's necessities, when the grant of a subsidy and two-fifteenths was moved in the Commons, it was

rum honorem et commodum pertinent, reipsa præstabit, quem is ostendit qui eorum nomine verba fecit, nihil est quod dubitemus quin omnia recte et ex sententia agantur," &c. Epist. v. 46. To Philip.

"His duobus diebus, quibus in Parliamento verba fecit, preterire non possum eum mihi visum esse non modo seipsum eis rebus superasse quibus ceteros superare solet, ingenio, eloquentia, prudentia, pietate, sed etiam ipsas sui corporis vires: qui tantisper Majestatibus vestris et reipublicæ loquendo inserviret, ita morbo imperavit, ut nullum infirmi corporis signum daret." Epist. V. 46. "Jam sensimus quasi simul cum eo Religio et justitia laborarent, sic ab eo tempore quo is ægrotare cœpit, utramque in hoc regno valde esse infirmatam, rursusque impietatem atque injustitiam vires colligere cœpisse," &c. Ib. 52. He adds however that his successor might be a little milder: "minus acrem se et strenuum præbeat, sed tam constans sit et ardens, ut ille extitit, ea adhibita moderatione quæ pium et prudentem hominem decet." Ib.

[CH. XXVI. fiercely opposed: that the Queen had lavishly given away the riches of the Crown, and then turned to the laity to pay her debts: that she should rather go to the spiritualty. When it was answered that the spiritualty were giving six shillings in the pound, it allayed not the heats and at last the Queen sent a message to refuse the two-fifteenths, thanking those who had moved for them. A bill came from the Lords to require those who had fled beyond seas from the persecution to return upon command or forfeit their estates: for many of the refugees were wealthy. The Commons flung this out: that there was enough of legal severity already in force.† Another bill for incapacitating certain persons from being justices of the peace, which was levelled against those who were remiss in proceeding against religious offenders, was rejected by the Lords. The revived laws of sanctuary and benefit of clergy were set aside in the case of a certain heinous murderer by a special act. But the most curious contest rose on the detained profits, lands and goods, the restoration of which was still the favourite project of the Queen. One great part of such alienations was firstfruits

* Burnet, ii. 517 (Pocock). Lingard imputes the opposition to the intrigues of the French ambassador Noailles, that he "procured four of the best speakers among the Commons to oppose" the grant at every stage. Them he calls "the hirelings of Noailles" (v. 106). Noailles says indeed that if his practices could have succeeded, not only part but the whole of the money grant to the Queen would have been refused: as he had said to four good witnesses of that company, "qui m'avaient promis chascung en son particulier d'en faire de leur costé bon debvoir": but that the opposition was only one hundred in a house of three hundred. He says that these persons " sont de mon intelligence," which certainly looks as if they were hired. (v. 190.)

66

+ Mr. S. Petre declared the Queen to give thanks for the twofifteenths, and content to refuse them." Commons' Journ. 31 October.

According to Noailles, this greatly annoyed the Queen. "Et de mesme fust rejetté au dict parlemente, a la grande honte et confusion de la dicte dame, ung aultre bill, par lequel elle vouloit confisquer les personnes et biens de ceulx qui sont transfuges de ce royulme depuis son advenement a la couronne." v. 253.

and tenths which pefore the Reformation went to the Pope, but had been diverted by Henry to the Crown. The artless intent of Mary at first was to give them back to the Pope and a bill for this was read once, November 11, in the Lords. "Bill whereby the King and Queen's Majesty surrender and give into the hands of the Pope's Holiness the firstfruits and tenths from the eighth day of August last past." Thus she would have piously perpetuated the intolerable exaction which had been abrogated, at the instance of the clergy themselves at the very beginning of the Reformation.* Ten days afterwards she unfolded a wider proposition: but received a check which made her alter the destination, though not the principle, of her cherished wish. She sent, November 19, for a sufficient number of the Commons to attend her for a conference. Fifty were deputed, with the Speaker: and found some of the Lords, with the Queen and the Legate.† She informed them that "it was her intention to part with the firstfruits and tenths of spiritual benefices": and then the Legate made a speech, declaring further that "the tithes and impropriations of benefices were spiritual," probably intimating that they also should be restored. Whether the Speaker now made answer appears not but one Story, a somewhat conspicuous member of the Commons, flinging himself on his knees, protested that the Speaker had omitted to lay before her Majesty the desire of the House that licenses might be

* Vol. I. 113, 136, of this work.

+ "Mr. S. Petre declared the Queen's pleasure to be that Mr. Speaker, with a convenient number of the House, should be before her Highness this afternoon: whereupon fifty were named." Commons' Journ. 19 Nov. Pole says that there was also a deputation of the Lords. "Ad se ex utraque Domo complures vocari jussit ; et cum his ita pie graviterque est loquuta, ut post, cum continuis tribus diebus in Superiore Domo libellus Dimissionis (bonorum ecclesiasticorum) esset recitatus, tandem tertio die vix uno altero repugnante, omnes assenserint: quod idem inferiorem Domum facturam speramus." To Philip, Ep. v. 53.

restrained. The meaning of the singular interposition is

:

*

disputed what followed in the audience is unknown: the want of the fiery control of the deceased Gardiner was doubtless felt on a trying emergency but certainly the very next day, November 20, the project of the Queen was resumed in the House of Lords by a bill with a different title: "Bill whereby the King and Queen's Majesty surrender and give into the hands of the laity the firstfruits and tenths." Her artless design now was to yield to the laity the various imposts that flowed to her own exchequer under the name of firstfruits and tenths that the laity might give them to the clergy, or cease to require them: and be moved, it might be, to further measures of restitution. The Bill was read a second time with a general description, "Bill touching the order and disposition of the firstfruits and tenths,” November 21 and, November 23, the third time with a description that seems to show considerable study, “Bill

* Burnet says he meant licenses from Rome. Lingard denies this, and says that "the Journals shew that the licenses were monopolies granted by the Queen, her father and her brother." Certainly a bill "to avoid licenses made by the Queen's Majesty, her father and her brother," had been read once a day or two before, Nov. 16. But it is difficult to see why Story should have brought such a matter forward on such an occasion. I think there can be little doubt that Story referred to the bill for ordering home the refugees: which, as has been seen, was flung out, to the Queen's chagrin. It is called in one place a bill "against such as are departed the realm without the Queen's Majesty's license." Lords' Journ. 12 Nov. For the rest, Story's interruption was an insult to the Speaker, of which he complained next day. "Mr. Speaker declared the Queen's pleasure to be spoken yesterday, for to depart from the firstfruits and tenths and my Lord Cardinal spoke for the tithes and appropriations of benefices to be spiritual. Mr. Speaker shewed that at that time Mr. Story, kneeling, spake to the Queen, saying Mr. Speaker did not open to the Queen that licenses might be restrained, as hath been spoken in the House: whereupon Mr. Speaker prayed the advice of the House. For that it seemeth to the House that Mr. Story spake of good zeal, the fault toward the House and the Speaker is remitted." 20 Nov. "Mr. Story confessing his fault, saying that he would hereafter use more discretion, required Mr. Speaker and the House to remit it: and so they did." 21 Nov. Commons' Journ.

for extinguishment of firstfruits, and touching order and disposition of rectories and parsonages impropriate and also of the tenths of spiritual and ecclesiastical promotions remaining in the Queen's Majesty's hands": and thus it was sent the same day to the Commons. The Commons knew what to do with it. They committed it to Cecil and others" to be articled." They read it, November 26, sent it to the Lords, and received it back from the Lords. They held a long debate upon it next day: and in a week passed it on a division in an amended form by a major part, by sixty-seven of a house of three hundred and nineteen. They sent it to the Lords with a schedule of things to be amended. The Lords debated, assented, and finally passed the bill, December 4. It bears a noble title among the statutes, but the effect of it was limited to the Queen alone: and it remains a monument of good intention: "Act for the extinguishment of the firstfruits, and touching order and disposition of the tenths of spiritual and ecclesiastical promotions, and of rectories and parsonages impropriate remaining in the Queen's Majesty's hands." *

* It may be worth while to exhibit this singular effort to do good to the clergy, in its parliamentary progress.

II Nov. Bill to give firstfruits and tenths to the Pope. Lords' Journ. Audience of Queen with lords and commons deputed.

19

20

21

23

26

27

Bill to give firstfruits and tenths to the laity. Lords' Journ. Bill "touching order and disposition of the firstfruits and tenths" bis. Lords' Journ.

VOL. IV.

Bill for "extinguishment, &c. (as in text) ter., conclusa." Lords' Journ. "The Bill for firstfruits brought from the Lords." Commons' Journ. "The Bill touching the release of the firstfruits and tenths spiritual and impropriations of benefices in the Queen's hands-is committed to Mr. Cecil and others to be articled."

Ib.

"The Bill for the firstfruits and tenths," sent, passed, to the Lords. Commons' Journ.

"Long arguments upon the Bill of firstfruits and tenths." Commons' Journ.

GG