CHAP. XLIII. A. D. 1563. Act of par liament to declare his authority. Jan. 11. 1563. A new parliament. of April a patent was passed, by the Queen's warrant, giving him the same powers in all respects as if he were Lord Chancellor, and ratifying all that he had done as Lord Keeper. Still difficulties arose in his own mind, or cavils were made by others, respecting the extent of his powers, the Custos Sigilli having been originally only a deputy of the Lord Chancellor; and, finally, an act of parliament was passed, declaring that "the common law of this realm is, and always was, and ought to be taken, that the Keeper of the Great Seal of England, for the time being, hath always had, used, and executed, and of right ought to have, use, and execute, and from henceforth may have, perceive, take, use, and execute, as of right belonging to the office of the Keeper of the Great Seal of England for the time being, the same and the like place, authority, pre-eminence, jurisdiction, execution of laws, and all other customs, commodities, and advantages as the Lord Chancellor of England for the time being lawfully used, had, and ought to have, use, and execute, as of right belonging to the office of the Lord Chancellor of England for the time being, to all intents, constructions, and purposes as if the same Keeper of the Great Seal for the time being were Lord Chancellor of England.* The Protestant faith being established, and the government settled in the session of parliament held soon after the Queen's accession, the Lord Keeper was not at all diverted by politics from the regular despatch of judicial business till the beginning of the year 1563, when the Queen's exchequer being empty from the assistance she rendered to the French Huguenots, she found herself reluctantly obliged to summon a new parliament for the purpose of obtaining a supply. On the day on which the writs were returnable, the Queen being indisposed, the Lord Keeper, by virtue of a commission, postponed the meeting till the following day. He then * 5 Eliz. c. 18. This asssertion of former usage is correct, where there had been a Lord Keeper without a Lord Chancellor; but the framer of the statute was probably not aware of what we, from the examination of records, now know, that in early ages there were frequently a Chancellor and Keeper of the Great Seal at the same time, when the latter could only act by the special directions of the former. There could not after 5 Eliz. have been a Chancellor and Keeper at the same time, but all occasion for such an arrangement is now obviated by the multiplication of Vice-chancellors. CHAP. XLIII. ininster. speech to Houses. joined a grand procession from Whitehall to Westminster Abbey, the Queen riding on horseback, clad in crimson velvet, with the crown on her head, -twenty-two Bishops Procession riding behind her in scarlet, with hoods of minever down their to Westbacks, followed by all the temporal Lords in their parliamentary robes. After service and sermon they proceeded to the parliament chamber; and the Queen being seated on the throne, the Commons attending at the bar, the Lord Keeper stationed on her right hand, a little beside the cloth of estate, and somewhat back and lower than the throne, by her Majesty's orders delivered a speech, which thus began: "My Lord Lords, and others of this honourable assembly, you shall Keeper's understand that my most dread and sovereign Lady the the two Queen's Majesty here present hath commanded me to declare the occasion of this assembly, which I am not able (but unmeet) to do as it ought to be done among such a noble, wise, and discreet company. Howbeit, knowing the experience of her Majesty bearing with such as do their good wills, and your Honours' patience in bearing with me in the like afore this time, it encourageth me the better herein." It must be confessed that he put the patience of her Majesty and their Honours to a considerable trial; for his speech was very prolix and pointless, and they must have been greatly relieved when he at last said "And for that the Nether House, being so many, of necessity must have one to be a mouth-aider or instructor unto them, for the opening of matters, which is called the Speaker; therefore, go and assemble yourselves together, and elect one, a discreet, wise, and learned man; and on Friday next the Queen's Majesty appointeth to repair hither again for to receive the presentment of him accordingly.”* On that day the Queen again attended, and the Speakerelect then exceeded the former length and dulness of the Lord Keeper, who, on this occasion, contented himself with disallowing the disqualification pleaded, and conceding to the Commons all their ancient privileges. † This was considered a very laborious session, and did not CHAP. XLIII. Lord speech at Elizabeth's declaration about her marriage. Queen's suitors. end till the 10th of April. On that day the Speaker touched upon the several bills which they had passed, and after comparing Elizabeth to three most virtuous British Queens (not very generally known), - PALESTINA, who reigned here before the deluge; CERES, who made laws for evil-doers some time after that event; and MARCA, wife of Bathilicus, mother to King Stelicus, in the name of the Commons strongly exhorted her to marry, so that the nation might hope to have her issue to reign over them; and if she were resolutely determined to die a maid, earnestly entreated that she would name her successor. The Queen thereupon called the Lord Keeper unto her, and commanded him, in her name, to answer the Speaker. Sir Nicholas accordingly, more suo, went over all Mr. Speaker's topics till he came to the last; when it appeared that she had considered this rather too delicate a one for him to be trusted with. He thus proceeded: "And touching your request aforetime made to her for her marriage and succession, because it is of such importance whereby I doubted my opening thereof, I therefore desired her Majesty that her meaning might be written, which she hath done and delivered to me." He then read the paper. "For my marriage, if I had let slip too much time, or if my strength had been decayed, you might the better have spoke therein; or if any think I never meant to try that life they be deceived; but if I may hereafter bend my mind thereunto, the rather for fulfilling your request, I shall be therewith very well content. As to the succession after me, the greatness thereof maketh me to say and pray that I may linger here in this vale of misery for your comfort, wherein I have witness of my study and travail for your surety; and I cannot with Nunc dimittis' end my life without I see some foundation of your surety after my gravestone." The royal assent was then given to the acts of the session, and the Lord Keeper prorogued the parliament.* Whether the Queen ever had any serious thoughts of marriage is uncertain; but she had successively flattered the * 1 Parl. Hist. 709. hopes of Philip of Spain, Charles of Austria, Eric of Sweden, Adolphus of Holstein, the Earl of Arran, and her own subject, Robert Dudley, Earl of Leicester. The nation became most seriously and justly alarmed about the succession. She had been dangerously ill, and if she had died a civil war seemed inevitable. The heir by blood was the Queen of Scots; but she was a Catholic, and set aside by the will of Henry VIII., or at least postponed to the House of Suffolk descended from his younger sister. There was some doubt who was the legitimate heir of that house, and there was another claimant in the Countess of Lennox, descended from Margaret, the eldest sister of Henry by a second marriage. CHAP. XLIII. 1565. Another attempt was made in which the Lord Keeper took Nov. 5. a more active part than was consistent with his usual caution to induce the Queen either to marry, or to allow that her successor should be declared. After a conference between the two Houses, the Lords resolved upon an address to her Majesty, to be presented by Lord Keeper Bacon, and the address bears strong marks of having been prepared by the Lord Keeper himself. delivered inviting Queen to It is said to have been delivered by him to her Majesty in Address parliament, and she seems to have come down to the House by Lord of Lords to receive it on the throne. It is very long, after Keeper the Lord Keeper's manner; but a few extracts of it may be amusing. After a tiresome preface, he says, "The Lords marry. petition, 1st, that it would please your Majesty to dispose yourself to marry when it shall please you, with whom it shall please you, and as soon as it shall please you: 2dly, that some limitation may be made how the imperial Crown of this realm may remain if God calls your Highness without heir of your body (which our Lord defend), so as these Lords and Nobles, and other your subjects then living, may sufficiently understand to whom they owe their allegiance." He then handles each head separately with many subdivisions, enumerating no fewer than ten reasons why her Highness should take husband. Lest she should have made a vow of perpetual celibacy, he tells her it may be laudably broken, "for it appeareth by histories that in times past persons inheriting to Crowns being votaries and religious, to avoid CHAP. Queen's answer. such dangers as might have happened for want of succession to kingdoms, have left their vows and monasteries, and taken themselves to marriage, -as Constantia, a Nun, heir to the kingdom of Sicily, married after fifty years of age to Henry VI. Emperor of that name, and had issue, Frederick II. Likewise Peter of Aragon, being a monk, married, the better to establish and pacify that kingdom." He next tries to inflame her by the desire of having children. "Antoninus Pius is much commended, for that, not two days before his death, he said to his Council, Lato animo morior quoniam filium vobis relinquo. Pyrrhus is of all godly men detested for saying he would leave his realm to him that had the sharpest sword. What, but want of a successor known, made an end of so great an empire as Alexander the Great did leave at his death? God, your Highness knoweth, by the course of scriptures, hath declared succession, and having children, to be one of the principal benedictions in this life; and, on the contrary, he hath pronounced contrary wise; and therefore Abraham prayed to God for issue, fearing that Eliazar, his steward, should have been his heir, and had promise that Kings should proceed of his body. Hannah, the mother of Samuel, prayed to God with tears for issue; and Elizabeth (whose name your Majesty beareth), mother to John the Baptist, was joyous when God had blessed her with fruit, accounting herself thereby to be delivered from reproach." Bacon's harangue being at last brought to a close, the Queen returned a short answer which has all the appearance of being unpremeditated. She was much nettled at some of the illustrations which she thought referred to Mary, Queen of Scots, then lately delivered of a hopeful son. "I thought it had been so desired, as none other trees' blossom should have been minded, or ever any hope of any fruit had been denied you. And yet by the way, if any here doubt that I am by vow or determination bent never to trade in that kind of life, put out that kind of heresy, for your belief is therein awry. For though I can think it best for a private woman, yet I do strive with myself not to think it meet for a Prince, and if I can bend my liking to your need I will not resist such a |