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
_Statute of 1562._--The act entitled, "for the assurance of the queen's
royal power over all estates and subjects within her dominions," enacts,
with an iniquitous and sanguinary retrospect, that all persons, who had
ever taken holy orders or any degree in the universities, or had been
admitted to the practice of the laws, or held any office in their
execution, should be bound to take the oath of supremacy, when tendered
to them by a bishop, or by commissioners appointed under the great seal.
The penalty for the first refusal of this oath was that of a præmunire;
but any person, who after the space of three months from the first
tender should again refuse it when in like manner tendered, incurred the
pains of high treason. The oath of supremacy was imposed by this statute
on every member of the House of Commons, but could not be tendered to a
peer; the queen declaring her full confidence in those hereditary
counsellors. Several peers of great weight and dignity were still
catholics.[168]
_Speech of Lord Montague against it._--This harsh statute did not pass
without opposition. Two speeches against it have been preserved; one by
Lord Montagu in the House of Lords, the other by Mr. Atkinson in the
Commons, breathing such generous abhorrence of persecution as some
erroneously imagine to have been unknown to that age, because we rarely
meet with it in theological writings. "This law," said Lord Montagu, "is
not necessary; forasmuch as the catholics of this realm disturb not, nor
hinder the public affairs of the realms, neither spiritual nor temporal.
They dispute not, they preach not, they disobey not the queen; they
cause no trouble nor tumults among the people; so that no man can say
that thereby the realm doth receive any hurt or damage by them. They
have brought into the realm no novelties in doctrine and religion. This
being true and evident, as it is indeed, there is no necessity why any
new law should be made against them. And where there is no sore nor
grief, medicines are superfluous, and also hurtful and dangerous. I do
entreat," he says afterwards, "whether it be just to make this penal
statute to force the subjects of this realm to receive and believe the
religion of protestants on pain of death. This I say to be a thing most
unjust; for that it is repugnant to the natural liberty of men's
understanding. For understanding may be persuaded, but not forced." And
further on: "It is an easy thing to understand that a thing so unjust,
and so contrary to all reason and liberty of man, cannot be put in
execution but with great incommodity and difficulty. For what man is
there so without courage and stomach, or void of all honour, that can
consent or agree to receive an opinion and new religion by force and
compulsion; or will swear that he thinketh the contrary to what he
thinketh? To be still, or dissemble, may be borne and suffered for a
time--to keep his reckoning with God alone; but to be compelled to lie
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