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
_Violence of Mary's reign._--It seems hardly necessary to mention the
momentary usurpation of Lady Jane Grey, founded on no pretext of title
which could be sustained by any argument. She certainly did not obtain
that degree of actual possession which might have sheltered her
adherents under the statute of Henry VII.; nor did the Duke of
Northumberland allege this excuse on his trial, though he set up one of
a more technical nature, that the great seal was a sufficient protection
for acts done by its authority.[53] The reign that immediately followed
is chiefly remembered as a period of sanguinary persecution; but though
I reserve for the next chapter all mention of ecclesiastical disputes,
some of Mary's proceedings in re-establishing popery belong to the civil
history of our constitution. Impatient, under the existence, for a
moment, of rites and usages which she abhorred, this bigoted woman
anticipated the legal authority which her parliament was ready to
interpose for their abrogation; the Latin liturgy was restored, the
married clergy expelled from their livings, and even many protestant
ministers thrown into prison for no other crime than their religion,
before any change had been made in the established laws.[54] The queen,
in fact, and those around her, acted and felt as a legitimate
government restored after an usurpation, and treated the recent statutes
as null and invalid. But even in matters of temporal government, the
stretches of prerogative were more violent and alarming than during her
brother's reign. It is due indeed to the memory of one who has left so
odious a name, to remark that Mary was conscientiously averse to
encroach upon what she understood to be the privileges of her people. A
wretched book having been written to exalt her prerogative, on the
ridiculous pretence that, as a queen, she was not bound by the laws of
former kings, she showed it to Gardiner, and on his expressing
indignation at the sophism, threw it herself into the fire. An act
passed, however, to settle such questions, which declares the queen to
have all the lawful prerogatives of the Crown.[55] But she was
surrounded by wicked counsellors, renegades of every faith and ministers
of every tyranny. We must, in candour, attribute to their advice her
arbitrary measures, though not her persecution of heresy, which she
counted for virtue. She is said to have extorted loans from the citizens
of London, and others of her subjects.[56] This, indeed, was not more
than had been usual with her predecessors. But we find one clear
instance during her reign of a duty upon foreign cloth, imposed without
assent of parliament; an encroachment unprecedented since the reign of
Richard II. Several proofs might be adduced from records of arbitrary
inquests for offences, and illegal modes of punishment. The torture is,
perhaps, more frequently mentioned in her short reign than in all former
ages of our history put together; and probably from that imitation of
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