The Reign of Henry the Eighth, Volume 1 (of 3)Froude, James Anthony
History
The Reign of Henry the Eighth, Volume 1 (of 3)
Froude, James Anthony
Great Britain -- History -- Henry VIII, 1509-1547; Henry VIII, King of England, 1491-1547
How far the parliament was justified by the extremity of the case is a
further question, which it is equally difficult to answer. The alternative,
as I have repeatedly said, was an all but inevitable civil war, on the
death of the king; and practically, when statesmen are entrusted with the
fortunes of an empire, the responsibility is too heavy to allow them to
consider other interests. Salus populi suprema lex, ever has been and ever
will be the substantial canon of policy with public men, and morality is
bound to hesitate before it censures them. There are some acts of injustice
which no national interest can excuse, however great in itself that
interest may be, or however certain to be attained by the means proposed.
Yet government, in its easiest tax, trenches to a certain extent on natural
right and natural freedom; and trenches further and further in proportion
to the emergency with which it has to deal. How far it may go in this
direction, or whether Henry VIII. and his parliament went too far, is a
difficult problem; their best justification is an exceptive clause
introduced into the act, which was intended obviously to give Queen
Catherine the utmost advantage which was consistent with the liberties of
the realm. "In case," says the concluding paragraph, "of any cause, or
matter, or contention now depending for the causes before rehearsed, or
that hereafter shall come into contention for any of the same causes in any
of the foresaid courts, which hath, doth, shall, or may touch the king, his
heirs or successors, kings of this realm; in all or every such case or
cases the party grieved as aforesaid shall or may appeal from any of the
said courts of this realm, to the spiritual prelates and other abbots and
priors of the Upper House, assembled and convocate by the king's writ in
convocation."[419] If Catherine's cause was as just as Catholics and
English high churchmen are agreed to consider it, the English church might
have saved her. If Catherine herself had thought first or chiefly of
justice, she would not perhaps have accepted the arbitration of the English
convocation; but long years before she would have been in a cloister.
Thus it is that while we regret, we are unable to blame; and we cannot wish
undone an act, to have shrunk from which might have spared a single heart,
but _might_ have wrecked the English nation. We increase our pity for
Catherine because she was a princess. We measure the magnitude of the evils
which human beings endure by their position in the scale of society; and
misfortunes which private persons would be expected to bear without
excessive complaining, furnish matter for the lamentation of ages when they
touch the sacred head which has been circled with a diadem. Let it be so.
Let us compensate the queen's sorrows with unstinted sympathy; but let us
not trifle with history, by confusing a political necessity with a moral
crime.
Public-domain text, read in full here on John Shaqi.
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