England under the TudorsInnes, Arthur D. (Arthur Donald)
History
England under the Tudors
Innes, Arthur D. (Arthur Donald)
Great Britain -- History -- Tudors, 1485-1603
Before the administration of the oath, the news of Clement's decision had
come from Rome, with a Bull of Excommunication to follow. It was well for
Henry that Francis could be relied on to keep Charles in check; for the
foreign ambassadors, whether well-informed or mainly because the wish was
father to the thought, were reporting serious disaffection in the country,
which otherwise might have led to armed intervention by the Emperor. The
answer to Rome however took the emphatic form of a declaration by
Convocation and the Universities that "the Bishop of Rome has no more
authority in England than any other foreign Bishop"; in addition to the
Acts of Parliament already recorded.
[Sidenote 1: Parliament (Nov.)]
[Sidenote 2: Treasons Act]
Before the end of the year (1534) Parliament was again in session. The
argument submitted to the Pope before the passing of the Annates Act--that
it pressed with undue severity on the bishops--was shown in its true
character by a new Annates Act which appropriated to the King the funds of
which the Pope had been deprived. The relief of the bishops was ignored. By
the "Act of the Supreme Head," Parliament also professedly confirmed the
declaration of Convocation in 1531; but omitted the saving [Footnote: See
p. 125] clause; and by a fresh Act of Succession, regularised the treatment
of More and Fisher, enforcing the oath in the form in which it had been
submitted to them, retrospectively. Then came the Treasons Act, the coping
stone of Resolute Government; bringing into the category of Treason not
only the specific overt actions to which it had been limited by the Act of
Edward III., but also "verbal treason" and even the refusal to answer
incriminating questions. It is easy to see what vast opportunities were
thus given for fastening a practically irrefutable charge of treason on any
victim selected, when the recognised principle was that the _onus
probandi_ lay with the accused. An irresistible instrument of tyranny
was created, justified of course by the usual argument that without such
powers it was not possible to deal adequately with the abnormal dangers of
the situation. It need only be remarked that where there is practically no
check on the abuse of such powers save the scrupulosity of the persons in
whom they are vested, the risk of flagrant injustice becomes almost
incalculable. Since the days of Edward III., no monarch had occupied the
throne with less risk of serious treason than Henry VIII. Under all save
Henry V. there had been active rebellion, and under him there was at least
one serious plot. Yet the treason statute of Edward III. had under them
been held sufficient. The new Act was in truth but one step in the
systematic development of autocracy under constitutional forms to which the
policy of Thomas Cromwell was devoted.
[Sidenote 1: 1529-34 The New Policy]
[Sidenote 2: Cromwell]
Public-domain text, read in full here on John Shaqi.
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