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
Such excessive severities under the pretext of treason, but sustained by
very little evidence of any other offence than the exercise of the
catholic ministry, excited indignation throughout a great part of
Europe. The queen was held forth in pamphlets, dispersed everywhere from
Rome and Douay, not only as a usurper and heretic, but a tyrant more
ferocious than any heathen persecutor, for inadequate parallels to whom
they ransacked all former history.[238] These exaggerations, coming
from the very precincts of the inquisition, required the unblushing
forehead of bigotry; but the charge of cruelty stood on too many facts
to be passed over, and it was thought expedient to repel it by two
remarkable pamphlets, both ascribed to the pen of Lord Burleigh.
_Defence of the queen, by Burleigh._--One of these, entitled "The
Execution of Justice in England for Maintenance of public and private
Peace," appears to have been published in 1583. It contains an elaborate
justification of the late prosecutions for treason, as no way connected
with religious tenets, but grounded on the ancient laws for protection
of the queen's person and government from conspiracy. It is alleged that
a vast number of catholics, whether of the laity or priesthood, among
whom the deprived bishops are particularly enumerated, had lived
unmolested on the score of their faith, because they paid due temporal
allegiance to their sovereign. Nor were any indicted for treason, but
such as obstinately maintained the pope's bull depriving the queen of
her crown. And even of these offenders, as many as after condemnation
would renounce their traitorous principles, had been permitted to live;
such was her majesty's unwillingness, it is asserted, to have any blood
spilled without this just and urgent cause proceeding from themselves.
But that any matter of opinion, not proved to have ripened into an overt
act, and extorted only, or rather conjectured, through a compulsive
inquiry, could sustain in law or justice a conviction for high treason,
is what the author of this pamphlet has not rendered manifest.[239]
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