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
_Cromwell._--It was, probably, during these prosecutions that Cromwell,
a man not destitute of liberal qualities, but who is liable to the one
great reproach of having obeyed too implicitly a master whose commands
were crimes, inquired of the judges whether, if parliament should
condemn a man to die for treason without hearing him, the attainder
could ever be disputed. They answered that it was a dangerous question,
and that parliament should rather set an example to inferior courts for
proceeding according to justice. But being pressed to reply by the
king's express commandment, they said that an attainder in parliament,
whether the party had been heard or not in his defence, could never be
reversed in a court of law. No proceedings, it is said, took place
against the person intended, nor is it known who he was.[35] But men
prone to remark all that seems an appropriate retribution of Providence,
took notice that he, who had thus solicited the interpreters of the law
to sanction such a violation of natural justice, was himself its
earliest example. In the apparent zenith of favour, this able and
faithful minister, the king's viceregent in his ecclesiastical
supremacy, and recently created Earl of Essex, fell so suddenly, and so
totally without offence, that it has perplexed some writers to assign
the cause. But there seems little doubt that Henry's dissatisfaction
with his fourth wife, Anne of Cleves, whom Cromwell had recommended,
alienated his selfish temper, and inclined his ear to the whisperings of
those courtiers who abhorred the favourite and his measures. An act
attainting him of treason and heresy was hurried through parliament,
without hearing him in his defence.[36] The charges, indeed, at least of
the first kind, were so ungrounded, that had he been permitted to refute
them, his condemnation, though not less certain, might, perhaps, have
caused more shame. This precedent of sentencing men unheard, by means of
an act of attainder, was followed in the case of Dr. Barnes, burned not
long afterwards for heresy.
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