СНАР. XLIV. had not made an impression upon her heart, at any rate she was touched by his devoted services, and she considered him a martyr in her cause. It was hoped that while she was in June, 1572. this state of mind she might be induced to make concessions Bromley, which she had hitherto haughtily refused. Accordingly, citor Bromley, the Solicitor General, attended by several others, General, was sent to negotiate with her. the Soli sent to her. view with her. Being admitted by her to an audience, he enumerated His interthe injuries of which the English government complained, her assuming the arms of England,—her refusing to ratify the treaty of peace between England and Scotland, - her plan of marrying without the Queen's consent,- her stirring up sedition at home, her attempt to engage the King of Spain in an invasion of England, and her procuring the Pope's bull for the excommunication of Elizabeth. The object was, that she should formally resign the crown of Scotland, and transfer to her son all her rights both in Scotland and in England; after which she could no longer have been considered a rival, and the hopes of the Catholics from having the presumptive heir to the Crown of their religion, would have been extinguished. But all Bromley's eloquence and ingenuity were wasted upon her. She either denied the grievances of which the English Queen complained, or threw the blame of them upon others; she said she never would do any thing to hazard the independence of Scotland, or bring dishonour on her race, or compromise the interests of her religion; and she expressed a fixed purpose,-sacrificing none of her rights,-to live and to die a Queen. She again earnestly renewed her supplication that she might be admitted to the presence of Elizabeth, so that all doubts might be cleared up, and lasting harmony might be established between them.* ation to bring Mary When Bromley reported this answer, instead of the pro- Determinposed meeting being granted, her existence was considered inconsistent with the public safety, and a determination was formed to bring her to the scaffold. But this could only be scaffold. carried into effect by great caution, and by waiting for, or • Camden, p. 440. Strype, vol. ii. 40. 51. to the CHAP. contriving, or hastening events, which should soften the atrocity of such an outrage in the eyes of mankind. XLIV. Bromley while So licitor General more In the meanwhile Bromley performed the routine duties of his office of Solicitor General in a very satisfactory manner, and he was consulted by the Council in matters of a political nature, rather than Sir Gilbert Gerrard, the Attorney General. Of him they were heartily tired, but they did not know how to dispose of him, for he would not give up his lucrative Attorney place to be made a puisne Judge, and his long services and respectable character forbade his unceremonious dismissal. trusted by the government than the General. Appointed Things proceeded on this footing till the death of Lord Chancellor. Keeper Bacon, when after the hesitation and struggle I have described, Bromley was put over the head of Gerrard and made Lord Chancellor. April 26. 1579. to the Queen on his appoint ment. Queen Elizabeth, when she delivered the Great Seal to him, addressed him in a set speech complimenting him on his good qualities, and giving him much wholesome advice as to the manner in which he ought to perform the duties of his new office. He thus replied: "I do most humblie thanke His speech your Male for this so greate and singuler good opynion which your Highnes hath conceived of me as to thinke me fyt for this greate service and credit under your Maie, and I am very sory there is not in me such sufficiency as might satisfie and answere this your Maies good opynion. If I had all the wisdome, and all the learninge, and all other good qualities and virtues that God hath given to all men livinge, I should thinke them to fewe and to small to be imploied in your Highnes' service. But when I consider my selfe and fynde my greate wantes and lackes to do your Male such service as appertayneth, I am driven most humbly to beseech your Male to tollerate with me my many and sondry defectes and ymperfections. "To this humble petition I am the more forced for two other causes: the first is the greate learninge, wisdome, and judgmente that resteth in your Maie, to whome my ignoraunce and rudeness will easily appere: the seconde is, that yf your Highnes shall ympose this greate charge uppon me, I shall succede one in whome all good qualities did abounde fyt for the due execution of your Maies service in that place, wherby my XLIV. want and insufficiency shalbe made more manifest. Yet CHAP. nevertheles, trustinge in the assistaunce of Almightie God, and in the noblenes and bounty of your Maies nature, I do, as my duty bindeth me, humblye submyt my selfe to be disposed of as shall stande with your Males good pleasure. Concerning these good preceptes and admonitions which it hath pleased your Highnes very prudentlie to give unto me, I shall pray ernestlie to Almightie God to give me his grace that I may follow the same, and do my best and uttermost endevor effectually to performe them."* Egerton Papers," published by Camden Society, p. 82. It is there supposed that Bromley was first made Lord Keeper and afterwards Lord Chancellor, and a speech is given supposed to be spoken by him on the former occasion, but the Close Roll demonstrates that he was constituted Lord Chancellor when the Great Seal was first delivered to him, and the first speech can only be a MS. sketch with which he was dissatisfied. The following passage is rather eloquent: "To be plaine with your Maie, I have found in the course of my life that I have led sithence the Kinge your father's death, such suretie in all changes, and such quietnes and delight in other tymes, that I cannot but like and love that sort of life as the best for my selfe; nor cannot make my selfe beleeve that I can make any change therof but for the worste respectinge my private comodities. Mary, againe when I remember this tyme (which I give thankes that it is my chaunce to live to see), and therwith my dutie to your Maie as my soveraigne Lady, and my duty to my countrie, I am then driven to thinke that I ought of right to make of every paine tending to that end a delight, and to preferre busines and trouble before quietnes and ease, and to adventure any daunger without regard of private suretie." p. 81. The Close Roll takes no notice of these speeches, but describes the melo dramatic part of the ceremony with great minuteness. "Et postea Die Dominica &c. prdm Magnum Sigillum Anglie in custodia prfte Dne Regne sic ut prdm existens apud prdm Palacium suum Westmonasterii circa horam undecimam ante meridiem ejusdem diei prta Dna Regina in sua Camera privata ibidem tunc existens ex mandato suo regali per nobilem virum Thomam Comitem Sussex Dnum Camerar. Hospicii sui sue Majestati eductum fuit Illudque in purpureo sacculo de veluto suis Regalibus Signaculis perpolito remanen, sua Majestas percepit eripi et immediate eciam mandavit sigillacionem cujusdem Loculi corei infra sacculum prdm tunc existen. frangi et prdm Mag. Sigil. tunc et ibidem evelli et aperi. Quod antedictum Mag. Sig. in binas seperatim partes dicta Dna Regina unam in sua manu propria sublimitas tenuit partem et prdus Comes Sussex alteram sua partem tenuit manu Et cum prda Dna Regina in eam paulisper contemplata esset prdm sigillum precepit conjungi et in prdo loculo in coreo insigillat. locari et extempore reponi in sacculum prdum ex purpureo veluto factum et tunc prdm in manu sua propria respicieus sacculum ac ibidem in manibus suis aliquantisper retinens, illud et Mag. Sig. prdm in nobilium et egregiorum virorum Edwardi Comitis Lincoln," &c. long list, ending with "et Thome Bromley militis unius privati consilii sui et aliorum presencia prfto honorabili viro Thome Bromley militi tradidit et deliberavit," &c. Then follows the usual language, that he was constituted Chancellor with all the powers exercised by his predecessors, and that he, gratefully accepting the Seal, carried it off and still retains it. — Rot. Cl. 21 Eliz. A See CHAP. Good Equity Judge. A parlia ment. Lord Chancellor Bromley, as an Equity Judge, followed in the footsteps of Lord Keeper Bacon, and gave almost as great satisfaction. Although he had previously practised principally in the Court of Queen's Bench,—from the time when he was made Solicitor General he had been engaged in all the important cases which occurred in Chancery, and he was well acquainted with the practice of the Court, which had now assumed considerable regularity. The common-law Judges at this time were very distinguished men,-Wray, Anderson, Manwood, Gawdey, Windham, Periam. The Chancellor showed much deference for their opinion, without hesitating to interfere by injunction where he thought that, from the defective or too rigid rules of the common law, justice was likely to be perverted. He professed to hold jurisdiction over "covin, accident, and breach of confidence," according to the rule that "matters cognisable by the common law ought not to be decided in Chancery,"-but by "cognisable" by the common law, he understood where by the common law process truth could be effectually discovered, and right done to all parties interested.* He was likewise in the habit of calling in the assistance of common-law Judges when questions of novelty and difficulty arose before him; and in this way the indecent contests which agitated the opposite sides of Westminster Hall in the succeeding reign were avoided. Bromley is not celebrated as a great jurist, or as being one of those who laid the foundation of our system of Equity; but while he held the Great Seal I find no trace of any complaint against him as a Judge, either on the ground of corruption, or usurpation, or delay; and we may be sure if there had been abuse there would not have been silence, from the shout of discontent set up when a mere courtier was appointed to succeed him. Camden describes him as "Vir jurisprudentia insignis;" and it was said of him that "such was his learning and integrity, that although he succeeded so popular a Judge as Sir Nicholas Bacon, the bar and the public were not sensible of any considerable change." He had to take his place on the woolsack in the House of Lords on the 16th of January, 1582. The Commons, in * See 4 Inst. 83, 84. The Lord XLIV. Death of vacation. great perplexity on account of the death of their Speaker CHAP. during the recess, sent a deputation to the Lord Chancellor and the Lords to request their aid and advice. Chancellor having ordered them to withdraw, informed the Speaker in House of their petition, and it was resolved to appoint such of the Lords as were of the Privy Council to go along with a select number of the Commons to represent the case to the Queen. A commission thereupon passed the Great Seal authorising the Chancellor to require the Commons to choose a new Speaker. Popham, the Queen's Solicitor-General, was chosen accordingly and approved of. But when he claimed the accustomed privileges of the House, the Chancellor, by the Queen's order, gave him this admonition: "That the ChancelHouse of Commons should not deal or intermeddle with any monition matters touching her Majesty's person or estate, or Church to new government."* lor's ad Speaker. rebukes the House mons. This injunction was not very strictly observed, especially Lord by the Puritans, who now began to be very troublesome. Chancellor As soon as a subsidy had been voted the session was there- members of fore closed, and the Lord Chancellor in his speech took care of Comto exclude from the Queen's thanks "such members of the Commons as had dealt more rashly in some things than was fit for them to do." He soon afterwards dissolved this parliament, which had been continued by prorogations during a period of eleven years.† It is remarkable how few instances of poisoning or assassination occur in the history of England compared with that of France or the States of Italy. The reason may be, that with us parliament was a more ready and convenient instrument of vengeance than the bowl or the dagger, and the object of the ruling party could always be attained under the forms of law. The captive Queen of Scots, the presumptive Apprehenheir to the Crown of England, had not only rendered herself odious and dangerous to Elizabeth, but the English ministers who had concurred in all the rigorous measures against her, were alarmed by the apprehension that, in case of any accident happening to the reigning Sovereign, she whom they had per sions of Elizabeth's ministers from the Queen of Scots being next heir to the Crown. |