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
the partisans of Mary, and even against herself, makes it high treason
to affirm that the queen ought not to enjoy the crown, but some other
person; or to publish that she is a heretic, schismatic, tyrant,
infidel, or usurper of the crown; or to claim right to the crown, or to
usurp the same during the queen's life; or to affirm that the laws and
statutes do not bind the right of the crown, and the descent,
limitation, inheritance, or governance thereof. And whosoever should
during the queen's life, by any book or work written or printed,
expressly affirm, before the same had been established by parliament,
that any one particular person was or ought to be heir and successor to
the queen, except the same be the natural issue of her body, or should
print or utter any such book or writing, was for the first offence to be
imprisoned a year, and to forfeit half his goods; and for the second to
incur the penalties of a premunire.[212]
It is impossible to misunderstand the chief aim of this statute. But the
House of Commons, in which the zealous protestants, or, as they were now
rather denominated, puritans, had a predominant influence, were not
content with these demonstrations against the unfortunate captive. Fear,
as often happens, excited a sanguinary spirit amongst them; they
addressed the queen upon what they called the great cause, that is, the
business of the Queen of Scots, presenting by their committee reasons
gathered out of the civil law to prove that "it standeth not only with
justice, but also with the queen's majesty's honour and safety, to
proceed criminally against the pretended Scottish queen."[213]
Elizabeth, who could not really dislike these symptoms of hatred towards
her rival, took the opportunity of simulating more humanity than the
Commons; and when they sent a bill to the upper house attainting Mary of
treason, checked its course by proroguing the parliament. Her
backwardness to concur in any measures for securing the kingdom, as far
as in her lay, from those calamities which her decease might occasion,
could not but displease Lord Burleigh. "All that we laboured for," he
writes to Walsingham in 1572, "and had with full consent brought to
fashion, I mean a law to make the Scottish queen unable and unworthy of
succession to the crown, was by her majesty neither assented to nor
rejected, but deferred." Some of those about her, he hints, made herself
her own enemy by persuading her not to countenance these proceedings in
parliament.[214] I do not think it admits of much question that, at this
juncture, the civil and religious institutions of England would have
been rendered more secure by Mary's exclusion from a throne, which
indeed, after all that had occurred, she could not be endured to fill
without national dishonour. But the violent measures suggested against
her life were hardly, under all the circumstances of her case, to be
reconciled with justice; even admitting her privity to the northern
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