Constitutional History of England by Henry Hallam - HTML preview

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queen's death, "The butchery, with a few exceptions, was performed on

the victim while he was in full possession of his senses." Vol. viii. p. 356. I

should be glad to think that the few exceptions were the other way. Much

would depend on the humanity of the sheriff, which one might hope to be

stronger in an English gentleman than his zeal against popery. But I

cannot help acknowledging that there is reason to believe the disgusting

cruelties of the legal sentence to have been frequently inflicted. In an

anonymous memorial among Lord Burleigh's papers, written about 1586, it

is recommended that priests persisting in their treasonable opinion should

be hanged, "and the manner of drawing and quartering forborne." Strype,

iii. 620. This seems to imply that it had been usually practised on the living.

And Lord Bacon, in his observations on a libel written against Lord

Burleigh in 1592, does not deny the "bowellings" of catholics; but makes a

sort of apology for it, as "less cruel than the wheel or forcipation, or even

simple burning." Bacon's Works, vol. i. p. 534.

[259]

Burnet, ii. 418.

[260]

"Though no papists were in this reign put to death purely on account of

their religion, as numberless protestants had been in the woeful days of

Queen Mary, yet many were executed for treason." Churton's Life of

Nowell, p. 147. Mr. Southey, whose abandonment of the oppressed side I

sincerely regret, holds the same language; and a later writer, Mr.

Townsend, in his Accusations of History against the Church of Rome, has

laboured to defend the capital, as well as other, punishments of catholics

under Elizabeth, on the same pretence of their treason.

Treason, by the law of England, and according to the common use of

language, is the crime of rebellion or conspiracy against the government. If

a statute is made, by which the celebration of certain religious rites is

subjected to the same penalties as rebellion or conspiracy, would any

man, free from prejudice, and not designing to impose upon the

uninformed, speak of persons convicted on such a statute as guilty of

treason, without expressing in what sense he uses the words, or deny that

they were as truly punished for their religion, as if they had been convicted

of heresy? A man is punished for religion, when he incurs a penalty for its

profession or exercise, to which he was not liable on any other account.

This is applicable to the great majority of capital convictions on this score

under Elizabeth. The persons convicted could not be traitors in any fair

sense of the word, because they were not charged with anything properly

denominated treason. It certainly appears that Campian and some other

priests about the same time were indicted on the statute of Edward III. for

compassing the queen's death, or intending to depose her. But the only

evidence, so far as we know or have reason to suspect, that could be

brought against them, was their own admission, at least by refusing to

abjure it, of the pope's power to depose heretical princes. I suppose it is

unnecessary to prove that, without some overt act to show a design of

acting upon this principle, it could not fall within the statute.

[261]

Watson's Quodlibets. True relation of the faction begun at Wisbech, 1601.

These tracts contain rather an uninteresting account of the squabbles in

Wisbech castle among the prisoners, but cast heavy reproaches on the

jesuits, as the "firebrands of all sedition, seeking by right or wrong simply

or absolutely the monarchy of all England, enemies to all secular priests,

and the causes of all the discord in the English nation."—P. 74. I have

seen several other pamphlets of the time relating to this difference. Some

account of it may be found in Camden, 648, and Strype, iv. 194, as well as

in the catholic historians, Dodd and Lingard.

[262]

Rymer, xv. 473, 488.

[263]

Butler's Engl. Catholics, p. 261.

[264]

Ribadeneira says, that Hatton, "animo Catholicus, nihil perinde quam

innocentem illorum sanguinem adeo crudeliter perfundi dolebat." He

prevented Cecil from promulgating a more atrocious edict than any other,

which was published after his death in 1591. De Schismate Anglic. c. 9.

This must have been the proclamation of 29th Nov. 1591, forbidding all

persons to harbour any one, of whose conformity they should not be well

assured.

[265]

Birch, i. 84.

[266]

Sleidan, Hist. de la Réformation (par Courayer), ii. 74.

[267]

Strype's Cranmer, 354.

[268]

These transactions have been perpetuated by a tract, entitled "Discourse

of the Troubles at Frankfort," first published in 1575, and reprinted in the

well-known collection entitled The Phœnix. It is fairly and temperately

written, though with an avowed bias towards the puritan party. Whatever

we read in any historian on the subject, is derived from this authority; but

the refraction is of course very different through the pages of Collier and of

Neal.

[269]

Strype, ii. 1. There was a Lutheran party at the beginning of her reign, to

which the queen may be said to have inclined, not altogether from religion,

but from policy. Id. i. 53. Her situation was very hazardous; and in order to

connect herself with sincere allies, she had thoughts of joining the

Smalcaldic league of the German princes, whose bigotry would admit none

but members of the Augsburg confession. Jewel's letters to Peter Martyr,

in the appendix to Burnet's third volume, throw considerable light on the

first two years of Elizabeth's reign; and show that famous prelate to have

been what afterwards would have been called a precisian or puritan. He

even approved a scruple Elizabeth entertained about her title of head of

the church, as appertaining only to Christ. But the unreasonableness of the

discontented party, and the natural tendency of a man who has joined the

side of power to deal severely with those he has left, made him afterwards

their enemy.

[270]

Roods and relics accordingly were broken to pieces and burned

throughout the kingdom, of which Collier makes loud complaint. This,

Strype says, gave much offence to the catholics; and it was not the most

obvious method of inducing them to conform.

[271]

Burnet, iii. Appendix, 290; Strype's Parker, 46.

[272]

Quantum auguror, non scribam ad te posthac episcopus. Eo enim jam res

pervenit, ut aut cruces argenteæ et stanneæ, quas nos ubique

confregimus, restituendæ sint, aut episcopatus relinquendi. Burnet, 294.

Sandys writes, that he had nearly been deprived for expressing himself

warmly against images. Id. 296. Other proofs of the text may be found in

the same collection, as well as in Strype's Annals, and his Life of Parker.

Even Parker seems, on one occasion, to have expected the queen to

make such a retrograde movement in religion as would compel them all to

disobey her. Life of Parker, Appendix, 29; a very remarkable letter.

[273]

Strype's Parker, 310. The archbishop seems to disapprove this as

inexpedient, but rather coldly; he was far from sharing the usual opinions

on this subject. A puritan pamphleteer took the liberty to name the queen's

chapel as "the pattern and precedent of all superstition." Strype's Annals, i.

471.

[274]

Burnet, ii. 395.

[275]

One of the injunctions to the visitors of 1559, reciting the offence and

slander to the church that had arisen by lack of discreet and sober

behaviour in many ministers, both in choosing of their wives, and in living

with them, directs that no priest or deacon shall marry without the

allowance of the bishops, and two justices of the peace, dwelling near the

woman's abode, nor without the consent of her parents or kinsfolk, or, for

want of these, of her master or mistress, on pain of not being permitted to

exercise the ministry, or hold any benefice; and that the marriages of

bishops should be approved by the metropolitan, and also by

commissioners appointed by the queen. Somers Tracts, i. 65; Burnet, ii.

398. It is reasonable to suppose, that when a host of low-bred and illiterate

priests were at once released from the obligation to celibacy, many of them

would abuse their liberty improvidently, or even scandalously; and this

probably had increased Elizabeth's prejudice against clerical matrimony.

But I do not suppose that this injunction was ever much regarded. Some

time afterwards (Aug. 1561) she put forth another extraordinary injunction,

that no member of a college or cathedral should have his wife living within

its precincts, under pain of forfeiting all his preferments. Cecil sent this to

Parker, telling him at the same time that it was with great difficulty he had

prevented the queen from altogether forbidding the marriage of priests.

Life of P. 107. And the archbishop himself says, in the letter above

mentioned, "I was in a horror to hear such words to come from her mild

nature and Christianly learned conscience, as she spake concerning God's

holy ordinance and institution of matrimony.

[276]

Sandys writes to Parker, April 1559, "The queen's majesty will wink at it,

but not stablish it by law, which is nothing else but to bastard our children."

And decisive proofs are brought by Strype, that the marriages of the clergy

were not held legal, in the first part at least of the queen's reign. Elizabeth

herself, after having been sumptuously entertained by the archbishop at

Lambeth, took leave of Mrs. Parker with the following courtesy: " Madam

(the style of a married lady) I may not call you; mistress (the appellation at

that time of an unmarried woman) I am loth to call you; but, however, I

thank you for your good cheer." The lady is styled, in deeds made while

her husband was archbishop, Parker, alias Harleston; which was her

maiden name. And she dying before her husband, her brother is called her

heir-at-law, though she left children. But the archbishop procured letters of

legitimation, in order to render them capable of inheritance. Life of Parker,

511. Others did the same. Annals, i. 8. Yet such letters were, I conceive,

beyond the queen's power to grant, and could not have obtained any

regard in a court of law.

In the diocese of Bangor, it was usual for the clergy, some years after

Elizabeth's accession, to pay the bishop for a licence to keep a concubine.

Strype's Parker, 203.

[277]

Burnet, iii. 305.

[278]

Jewel's letters to Bullinger, in Burnet, are full of proofs of his

dissatisfaction; and those who feel any doubts may easily satisfy

themselves from the same collection, and from Strype as to the others.

The current opinion, that these scruples were imbibed during the

banishment of our reformers, must be received with great allowance. The

dislike to some parts of the Anglican ritual had begun at home; it had

broken out at Frankfort; it is displayed in all the early documents of

Elizabeth's reign by the English divines, far more warmly than by their

Swiss correspondents. Grindal, when first named to the see of London,

had his scruples about wearing the episcopal habits removed by Peter

Martyr. Strype's Grindal, 29.

[279]

It was proposed on this occasion to abolish all saints' days, to omit the

cross in baptism, to leave kneeling at the communion to the ordinary's

discretion, to take away organs, and one or two more of the ceremonies

then chiefly in dispute. Burnet, iii. 303 and Append. 319; Strype, i. 297,

299. Nowell voted in the minority. It can hardly be going too far to suppose

that some of the majority were attached to the old religion.

[280]

Jewel, one of these visitors, writes afterwards to Martyr: "Invenimus ubique

animos multitudinis satis propensos ad religionem; ibi etiam, ubi omnia

putabantur fore difficillima.... Si quid erat obstinatæ malitiæ, id totum erat in

presbyteris, illis præsertim, qui aliquando stetissent à nostrâ sententiâ."

Burnet, iii. Append. 289. The common people in London and elsewhere,

Strype says, took an active part in demolishing images; the pleasure of

destruction, I suppose, mingling with their abhorrence of idolatry. And

during the conferences held in Westminster Abbey, Jan. 1559, between

the catholic and protestant divines, the populace who had been admitted

as spectators, testified such disapprobation of the former, that they made it

a pretext for breaking off the argument. There was indeed such a tendency

to anticipate the government in reformation, as necessitated a

proclamation, Dec. 28, 1558, silencing preachers on both sides.

Mr. Butler says, from several circumstances it is evident that a great

majority of the nation then inclined to the Roman catholic religion. Mem. of

Eng. Catholics, i. 146. But his proofs of this are extremely weak. The

attachment he supposes to have existed in the laity towards their pastors

may well be doubted; it could not be founded on the natural grounds of

esteem; and if Rishton, the continuator of Sanders de Schismate, whom he

quotes, says that one-third of the nation was protestant, we may surely

double the calculation of so determined a papist. As to the influence which

Mr. B. alleges the court to have employed in elections for Elizabeth's first

parliament, the argument would equally prove that the majority was

protestant under Mary, since she had recourse to the same means. The

whole tenor of historical documents in Elizabeth's reign proves that the

catholics soon became a minority, and still more among the common

people than the gentry. The north of England, where their strength lay, was

in every respect the least important part of the kingdom. Even according to

Dr. Lingard, who thinks fit to claim half the nation as catholic in the middle

of this reign, the number of recusants certified to the council under 23 Eliz.

c. 1, amounted only to fifty thousand; and, if we can trust the authority of

other lists, they were much fewer before the accession of James. This

writer, I may observe in passing, has, through haste and thoughtlessness,

misstated a passage he cites from Murden's State Papers, p. 605, and

confounded the persons suspected for religion in the city of London, about

the time of the Armada, with the whole number of men fit for arms; thus

making the former amount to seventeen thousand and eighty-three.

Mr. Butler has taken up so paradoxical a notion on this subject, that he

literally maintains the catholics to have been at least one half of the people

at the epoch of the gunpowder plot. Vol. i. p. 295. We should be glad to

know at what time he supposes the grand apostasy to have been

consummated. Cardinal Bentivoglio gives a very different account;

reckoning the real catholics, such as did not make profession of heresy, at

only a thirtieth part of the whole; though he supposes that four-fifths might

become such, from secret inclination or general indifference, if it were once

established. Opere di Bentivoglio, p. 83, edit. Paris, 1645. But I presume

neither Mr. Butler nor Dr. Lingard would own these adiaphorists.

The latter writer, on the other hand, reckons the Hugonots of France, soon

after 1560, at only one-hundredth part of the nation, quoting for this

Castelnau, a useful memoir writer, but no authority on a matter of

calculation. The stern spirit of Coligni, atrox animus Catonis, rising above

all misfortune, and unconquerable, except by the darkest treachery, is

sufficiently admirable without reducing his party to so miserable a fraction.

The Calvinists at this time are reckoned by some at one-fourth, but more

frequently at one-tenth, of the French nation. Even in the beginning of the

next century, when proscription and massacre, lukewarmness and self-

interest, had thinned their ranks, they are estimated by Bentivoglio ( ubi

supra) at one-fifteenth.

[281]

Strype's Parker, 152, 153; Collier, 508. In the Lansdowne Collection, vol.

viii. 47, is a letter from Parker, Apr. 1565, complaining of Turner, dean of

Wells, for having made a man do penance for adultery in a square cap.

[282]

Strype's Parker, 157, 173.

[283]

This apprehension of Elizabeth's taking a disgust to protestantism is

intimated in a letter of Bishop Cox. Strype's Parker, 229.

[284]

Parker sometimes declares himself willing to see some indulgence as to

the habits and other matters; but, the queen's commands being

peremptory, he had thought it his duty to obey them, though forewarning

her that the puritan ministers would not give way (225, 227). This,

however, is not consistent with other passages, where he appears to

importune the queen to proceed. Her wavering conduct, partly owing to

caprice, partly to insincerity, was naturally vexatious to a man of his firm

and ardent temper. Possibly he might dissemble a little in writing to Cecil,

who was against driving the puritans to extremities. But, on the review of

his whole behaviour, he must be reckoned, and always has been

reckoned, the most severe disciplinarian of Elizabeth's first hierarchy;

though more violent men came afterwards.

[285]

Strype's Annals, 416; Parker, 159. Some years after, these advertisements

obtained the queen's sanction, and got the name of Articles and

Ordinances. Id. 160.

[286]

Strype's Annals, 416, 430; Life of Parker, 184. Sampson had refused a

bishopric on account of these ceremonies. Burnet, iii. 292.

[287]

Life of Parker, 214. Strype says (p. 223) that the suspended ministers

preached again after a little time by connivance.

[288]

Jewel is said to have become strict in enforcing the use of the surplice.

Annals, 421.

[289]

Strype's Annals, i. 423, ii. 316; Life of Parker, 243, 348; Burnet, iii. 310,

325, 337. Bishops Grindal and Horn wrote to Zurich, saying plainly, it was

not their fault that the habits were not laid aside, with the cross in baptism,

the use of organs, baptism by women, etc. P. 314. This last usage was

much inveighed against by the Calvinists, because it involved a theological

tenet differing from their own, as to the necessity of baptism. In Strype's

Annals, 501, we have the form of an oath taken by all mid-wives, to

exercise their calling without sorcery or superstition, and to baptize with the

proper words. It was abolished by James I.

Beza was more dissatisfied than the Helvetic divines with the state of the

English church ( Annals, i. 452; Collier, 503); but dissuaded the puritans

from separation, and advised them rather to comply with the ceremonies.

Id. 511.

[290]

Strype's Life of Parker, 242; Life of Grindal, 114.

[291]

Burnet, iii. 316; Strype's Parker, 155 et alibi.

[292]

Id. 226. The church had but two or three friends, Strype says, in the

council about 1572, of whom Cecil was the chief. Id. 388.

[293]

Burnet says, on the authority of the visitors' reports, that out of 9400

beneficed clergymen, not more than about 200 refused to conform. This

caused for some years just apprehensions of the danger into which religion

was brought by their retaining their affections to the old superstition; "so

that," he proceeds, "if Queen Elizabeth had not lived so long as she did, till

all that generation was dead, and a new set of men better educated and

principled were grown up and put in their rooms; and if a prince of another

religion had succeeded before that time, they had probably turned about

again to the old superstition as nimbly as they had done before in Queen

Mary's days." Vol. ii. p. 401. It would be easy to multiply testimonies out of

Strype, to the papist inclinations of a great part of the clergy in the first part

of this reign. They are said to have been sunk in superstition and

looseness of living. Annals, i. 166.

[294]

Strype's Annals, 138, 177; Collier, 436, 465. This seems to show that more