A history of England principally in the seventeenth century, Volume 1 (of 6)Ranke, Leopold von
History
A history of England principally in the seventeenth century, Volume 1 (of 6)
Ranke, Leopold von
England -- Civilization -- 17th century; Great Britain -- History -- Stuarts, 1603-1714
The commission provided for in the Act of Parliament was named: it
consisted of the chief statesmen and lawyers of the country. In
Fotheringhay, whither the prisoner had now been brought, the splendid
ancestral seat of the princes of the house of York, at which many of
them were buried, they met together in the Hall on the 14th October.
Mary let herself be induced to plead by the consideration that she
would be held guilty, if she did not make any defence: it being
understood that it was with the reserve that she did not by this give
up any of the rights of a free sovereign. Most of the charges against
her she gradually admitted to be true, but she denied having consented
to a personal attempt on Elizabeth's life. The court decided that this
made no essential difference. For the rebellion which Mary confessed
to having favoured could not be conceived of apart from danger to the
Queen of England's life as well as her government.[260] The court
pronounced that Mary was guilty of the acts for which the punishment
of death had been enacted in the Parliamentary statute.
We cannot regard this as a regular criminal procedure, for judicial
forms were but little observed; it was the decision of a commission
that the case had occurred in which the statute passed by Parliament
found its application. Parliament itself, then just summoned, had the
proceedings of the Commission laid before it and approved their
sentence.
But this did not bring the affair to an end. Queen Elizabeth deferred
the execution of the judgment. For in relation to such a matter she
occupied quite a different position from that of Parliament.
From more than one quarter she was reminded that, by carrying out the
sentence, she would violate the divine right of kings; since this
implied that subjects could not judge, or lay their hands on,
sovereigns. How unnatural if a queen like herself should set her hand
to degrade the diadem.[261]
Public-domain text, read in full here on John Shaqi.
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