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
_New treasons created by statutes._--The execution, however, of Suffolk
was at least not contrary to law; and even Buckingham was attainted on
evidence which, according to the tremendous latitude with which the law
of treason had been construed, a court of justice could not be expected
to disregard. But after the fall of Wolsey, and Henry's breach with the
Roman see, his fierce temper, strengthened by habit and exasperated by
resistance, demanded more constant supplies of blood; and many perished
by sentences which we can hardly prevent ourselves from considering as
illegal, because the statutes to which they might be conformable seem,
from their temporary duration, their violence, and the passiveness of
the parliaments that enacted them, rather like arbitrary invasions of
the law than alterations of it. By an act of 1534, not only an oath was
imposed to maintain the succession in the heirs of the king's second
marriage, in exclusion of the Princess Mary; but it was made high
treason to deny that ecclesiastical supremacy of the Crown, which, till
about two years before, no one had ever ventured to assert. Bishop
Fisher, the most inflexibly honest churchman who filled a high station
in that age, was beheaded for this denial. Sir Thomas More, whose name
can ask no epithet, underwent a similar fate. He had offered to take the
oath to maintain the succession, which, as he justly said, the
legislature was competent to alter; but prudently avoided to give an
opinion as to the supremacy, till Rich, solicitor-general, and
afterwards chancellor, elicited, in a private conversation, some
expressions, which were thought sufficient to bring him within the fangs
of the recent statute. A considerable number of less distinguished
persons, chiefly ecclesiastical, were afterwards executed by virtue of
this law.
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