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
order Campian belonged; and the continent was full of writings published
by the English exiles, by Sanders, Bristow, Persons, and Allen, against
Elizabeth's unlawful usurpation of the throne. But many availed
themselves of what was called an explanation of the bull of Pius V.,
given by his successor Gregory XIII.; namely, that the bull should be
considered as always in force against Elizabeth and the heretics, but
should only be binding on catholics when due execution of it could be
had.[236] This was designed to satisfy the consciences of some papists
in submitting to her government, and taking the oath of allegiance. But
in thus granting a permission to dissemble, in hope of better
opportunity for revolt, this interpretation was not likely to
tranquillise her council, or conciliate them towards the Romish party.
The distinction, however, between a king by possession and one by right,
was neither heard for the first, nor for the last time, in the reign of
Elizabeth. It is the lot of every government that is not founded on the
popular opinion of legitimacy, to receive only a precarious allegiance.
Subject to this reservation, which was pretty generally known, it does
not appear that the priests or other Roman catholics, examined at
various times during this reign, are more chargeable with insincerity or
dissimulation than accused persons generally are.
The public executions, numerous as they were, scarcely form the most
odious part of this persecution. The common law of England has always
abhorred the accursed mysteries of a prison-house; and neither admits of
torture to extort confession, nor of any penal infliction not warranted
by a judicial sentence. But this law, though still sacred in the courts
of justice, was set aside by the privy council under the Tudor line. The
rack seldom stood idle in the Tower for all the latter part of
Elizabeth's reign.[237] To those who remember the annals of their
country, that dark and gloomy pile affords associations not quite so
numerous and recent as the Bastile, yet enough to excite our hatred and
horror. But standing as it does in such striking contrast to the fresh
and flourishing constructions of modern wealth, the proofs and the
rewards of civil and religious liberty, it seems like a captive tyrant,
reserved to grace the triumph of a victorious republic, and should teach
us to reflect in thankfulness, how highly we have been elevated in
virtue and happiness above our forefathers.
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