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
_Execution of Mary Queen of Scots._--The pledge given by this voluntary
association received the sanction of parliament in an act "for the
security of the queen's person, and continuance of the realm in peace."
This statute enacts that, if any invasion or rebellion should be made by
or for any person pretending title to the crown after her majesty's
decease, or if anything be confessed or imagined tending to the hurt of
her person with the privity of any such person, a number of peers, privy
counsellors, and judges, to be commissioned by the queen, should examine
and give judgment on such offences, and all circumstances relating
thereto; after which judgment all persons against whom it should be
published should be disabled for ever to make any such claim.[249] I
omit some further provisions to the same effect, for the sake of
brevity. But we may remark that this statute differs from the
associators' engagement, in omitting the outrageous threat of pursuing
to death any person, whether privy or not to the design, on whose behalf
an attempt against the queen's life should be made. The main intention
of the statute was to procure, in the event of any rebellious movements,
what the queen's counsellors had long ardently desired to obtain from
her, an absolute exclusion of Mary from the succession. But, if the
scheme of assassination, devised by some of her desperate partisans, had
taken effect, however questionable might be her concern in it, I have
little doubt that the rage of the nation would, with or without some
process of law, have instantly avenged it in her blood. This was, in the
language of parliament, their great cause; an expression which, though
it may have an ultimate reference to the general interest of religion is
never applied, so far as I remember, but to the punishment of Mary,
which they had demanded in 1572, and now clamoured for in 1586. The
addresses of both houses to the queen, to carry the sentence passed by
the commissioners into effect, her evasive answers and feigned
reluctance, as well as the strange scenes of hypocrisy which she acted
afterwards, are well known matters of history, upon which it is
unnecessary to dwell. No one will be found to excuse the hollow
affectation of Elizabeth; but the famous sentence that brought Mary to
the scaffold, though it has certainly left in popular opinion a darker
stain on the queen's memory than any other transaction of her life, if
not capable of complete vindication, has at least encountered a
disproportioned censure.
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