History of England from the Fall of Wolsey to the Death of Elizabeth. Vol. II.Froude, James Anthony
History
History of England from the Fall of Wolsey to the Death of Elizabeth. Vol. II.
Froude, James Anthony
Great Britain -- History -- Tudors, 1485-1603
blameless beauty, whose genius was cultivated to the highest attainable
perfection, was to prove to the world that the spirit of persecution is
no peculiar attribute of the pedant, the bigot, or the fanatic, but may
coexist with the fairest graces of the human character. The lives of
remarkable men usually illustrate some emphatic truth. Sir Thomas More
may be said to have lived to illustrate the necessary tendencies of
Romanism in an honest mind convinced of its truth; to show that the test
of sincerity in a man who professes to regard orthodoxy as an essential
of salvation, is not the readiness to endure persecution, but the
courage which will venture to inflict it.
The seals were delivered to the new chancellor in November, 1529. By his
oath on entering office he was bound to exert himself to the utmost for
the suppression of heretics:[88] he was bound, however, equally to obey
the conditions under which the law allowed them to be suppressed.
Unfortunately for his reputation as a judge, he permitted the hatred of
"that kind of men," which he did not conceal that he felt,[89] to
obscure his conscience on this important feature of his duty, and tempt
him to imitate the worst iniquities of the bishops. I do not intend in
this place to relate the stories of his cruelties in his house at
Chelsea,[90] which he himself partially denied, and which at least we
may hope were exaggerated. Being obliged to confine myself to specific
instances, I choose rather those on which the evidence is not open to
question; and which prove against More, not the zealous execution of a
cruel law, for which we may not fairly hold him responsible, but a
disregard, in the highest degree censurable, of his obligations as a
judge.
The acts under which heretics were liable to punishment, were the 15th
of the 2d of Henry IV., and the 1st of the 2d of Henry V.
[Sidenote: In cases of heresy, the legal period of imprisonment previous
to trial was three months.]
By the act of Henry IV., the bishops were bound to bring offenders to
trial in open court, within three months of their arrest, if there were
no lawful impediment. If conviction followed, they might imprison at
their discretion. Except under these conditions, they were not at
liberty to imprison.
[Sidenote: In cases of indictments before the chancellor, the accused
person was to be delivered to the bishops within ten days.]
By the act of Henry V., a heretic, if he was first indicted before a
secular judge, was to be delivered within ten days (or, if possible, a
shorter period) to the bishop, "to be acquit or convict" by a jury in
the spiritual court, and to be dealt with accordingly.[91]
[Sidenote: More's carelessness in observing these provisions.]
Public-domain text, read in full here on John Shaqi.
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