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
This is applicable to the great majority of capital convictions on this
score under Elizabeth. The persons convicted could not be traitors in
any fair sense of the word, because they were not charged with anything
properly denominated treason. It certainly appears that Campian and some
other priests about the same time were indicted on the statute of Edward
III. for compassing the queen's death, or intending to depose her. But
the only evidence, so far as we know or have reason to suspect, that
could be brought against them, was their own admission, at least by
refusing to abjure it, of the pope's power to depose heretical princes.
I suppose it is unnecessary to prove that, without some overt act to
show a design of acting upon this principle, it could not fall within
the statute.
[261] Watson's _Quodlibets_. True relation of the faction begun at
Wisbech, 1601. These tracts contain rather an uninteresting account of
the squabbles in Wisbech castle among the prisoners, but cast heavy
reproaches on the jesuits, as the "firebrands of all sedition, seeking
by right or wrong simply or absolutely the monarchy of all England,
enemies to all secular priests, and the causes of all the discord in the
English nation."--P. 74. I have seen several other pamphlets of the time
relating to this difference. Some account of it may be found in Camden,
648, and Strype, iv. 194, as well as in the catholic historians, Dodd
and Lingard.
[262] Rymer, xv. 473, 488.
[263] Butler's _Engl. Catholics_, p. 261.
[264] Ribadeneira says, that Hatton, "animo Catholicus, nihil perinde
quam innocentem illorum sanguinem adeo crudeliter perfundi dolebat." He
prevented Cecil from promulgating a more atrocious edict than any other,
which was published after his death in 1591. _De Schismate Anglic._ c.
9. This must have been the proclamation of 29th Nov. 1591, forbidding
all persons to harbour any one, of whose conformity they should not be
well assured.
[265] Birch, i. 84.
CHAPTER IV
ON THE LAWS OF ELIZABETH'S REIGN RESPECTING PROTESTANT NONCONFORMISTS
The two statutes enacted in the first year of Elizabeth, commonly called
the Acts of Supremacy and Uniformity, are the main links of the Anglican
church with the temporal constitution, and establish the subordination
and dependency of the former; the first abrogating all jurisdiction and
legislative power of ecclesiastical rulers, except under the authority
of the Crown; and the second prohibiting all changes of rites and
discipline without the approbation of parliament. It was the constant
policy of this queen to maintain her ecclesiastical prerogative and the
laws she had enacted. But in following up this principle she found
herself involved in many troubles, and had to contend with a religious
party, quite opposite to the Romish, less dangerous indeed and inimical
to her government, but full as vexatious and determined.
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