Constitutional History of England, Henry VII to George II. Volume 1 of 3Hallam, Henry
History
Constitutional History of England, Henry VII to George II. Volume 1 of 3
Hallam, Henry
Constitutional history -- Great Britain
_Acts of supremacy and uniformity._--These two statutes, commonly
denominated the acts of supremacy and uniformity, form the basis of that
restrictive code of laws, deemed by some one of the fundamental
bulwarks, by others the reproach of our constitution, which pressed so
heavily for more than two centuries upon the adherents to the Romish
church. By the former all beneficed ecclesiastics, and all laymen
holding office under the Crown, were obliged to take the oath of
supremacy, renouncing the spiritual as well as temporal jurisdiction of
every foreign prince or prelate, on pain of forfeiting their office or
benefice; and it was rendered highly penal, and for the third offence
treasonable, to maintain such supremacy by writing or advised
speaking.[160] The latter statute trenched more on the natural rights
of conscience; prohibiting, under pain of forfeiting goods and chattels
for the first offence, of a year's imprisonment for the second, and of
imprisonment during life for the third, the use by a minister, whether
beneficed or not, of any but the established liturgy; and imposed a fine
of one shilling on all who should absent themselves from church on
Sundays and holidays.[161]
_Restraint of Roman catholic worship in the first years of
Elizabeth._--This act operated as an absolute interdiction of the
catholic rites, however privately celebrated. It has frequently been
asserted that the government connived at the domestic exercise of that
religion during these first years of Elizabeth's reign. This may
possibly have been the case with respect to some persons of very high
rank whom it was inexpedient to irritate. But we find instances of
severity towards catholics, even in that early period; and it is evident
that their solemn rites were only performed by stealth, and at much
hazard. Thus Sir Edward Waldgrave and his lady were sent to the Tower in
1561, for hearing mass and having a priest in their house. Many others
about the same time were punished for the like offence.[162] Two
bishops, one of whom, I regret to say, was Grindal, write to the council
in 1562, concerning a priest apprehended in a lady's house, that neither
he nor the servants would be sworn to answer to articles, saying they
would not accuse themselves; and, after a wise remark on this, that
"papistry is like to end in anabaptistry," proceed to hint, that "some
think that if this priest might be put to some kind of torment, and so
driven to confess what he knoweth, he might gain the queen's majesty a
good mass of money by the masses that he hath said; but this we refer to
your lordship's wisdom."[163] This commencement of persecution induced
many catholics to fly beyond sea, and gave rise to those reunions of
disaffected exiles, which never ceased to endanger the throne of
Elizabeth.
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