The History of England, Volume IV Elizabeth A parliament
by David Hume
[1563. January 12.] The expences, incurred by assisting the French hugonots, had emptied the queen’s exchequer; and in order to obtain supply, she found herself under a necessity of summoning a parliament: An expedient, to which she never willingly had recourse. A little before the meeting of this assembly, she had fallen into a dangerous illness, the small-pox; and as her life, during some time, was despaired of, the people became the more sensible of their perilous situation, derived from the uncertainty, which, in case of her demise, attended the succession of the crown. The partizans of the queen of Scots, and those of the house of Suffolk, already divided the nation into factions; and every one foresaw, that, though it might be possible at present to determine the controversy by law, yet, if the throne were vacant, nothing but the sword would be able to fix a successor. The commons, therefore, on the opening of the session, voted an address to the queen; in which, after enumerating the dangers attending a broken and doubtful succession, and mentioning the evils which their fathers had experienced from the contending titles of York and Lancaster, they entreated the queen to put an end to their apprehensions, by choosing some husband, whom, they promised, whoever he were, gratefully to receive, and faithfully to serve, honour, and obey: Or if she had entertained any reluctance to the married state, they desired, that the lawful successor might be named, at least appointed, by act of parliament. They remarked, that, during all the reigns which had passed since the conquest, the nation had never before been so unhappy, as not to know the person, who, in case of the sovereign’s death, was legally entitled to fill the vacant throne. And they observed, that the fixed order, which took place in inheriting the French monarchy, was one chief source of the usual tranquillity, as well as of the happiness, of that kingdom.r
This subject, though extremely interesting to the nation, was very little agreeable to the queen; and she was sensible, that great difficulties would attend every decision. A declaration in favour of the queen of Scots would form a settlement perfectly legal; because that princess was commonly allowed to possess the right of blood; and the exclusion given by Henry’s will, deriving its weight chiefly from an act of parliament, would lose all authority, whenever the queen and parliament had made a new settlement, and restored the Scottish line to its place in the succession. But she dreaded giving encouragement to the catholics, her secret enemies, by this declaration. She was sensible that every heir was, in some degree, a rival; much more one who enjoyed a claim for the present possession of the crown; and who had already advanced, in a very open manner, these dangerous pretensions. The great power of Mary, both from the favour of the catholic princes, and her connections with the house of Guise, not to mention the force and situation of Scotland, was well known to her; and she saw no security, that this princess, if fortified by a sure prospect of succession, would not revive claims, which she could never yet be prevailed on formally to relinquish. On the other hand, the title of the house of Suffolk was supported by the more zealous protestants only; and it was very doubtful, whether even a parliamentary declaration in its favour would bestow on it such validity as to give satisfaction to the people. The republican part of the constitution had not yet acquired such an ascendant as to controul, in any degree, the ideas of hereditary right; and as the legality of Henry’s will was still disputed, though founded on the utmost authority which a parliament could confer; who could be assured, that a more recent act would be acknowledged to have greater validity? In the frequent revolutions, which had of late taken place, the right of blood had still prevailed over religious prejudices; and the nation had ever shewn itself disposed rather to change its faith than the order of succession. Even many protestants declared themselves in favour of Mary’s claim of inheritance;s and nothing would occasion more general disgust, than to see the queen, openly and without reserve, take part against it. The Scottish princess also, finding herself injured in so sensible a point, would thenceforth act as a declared enemy; and uniting together her foreign and domestic friends, the partizans of her present title and of her eventual succession, would soon bring matters to extremities against the present establishment. The queen, weighing all these inconveniences, which were great and urgent, was determined to keep both parties in awe, by maintaining still an ambiguous conduct; and she rather chose, that the people should run the hazard of contingent events, than that she herself should visibly endanger her throne, by employing expedients, which, at best, would not bestow entire security on the nation. She gave, therefore, an evasive answer to the applications of the commons; and when the house, at the end of the session, desired, by the mouth of their speaker, farther satisfaction on that head, she could not be prevailed on to make her reply more explicit. She only told them, contrary to her declarations in the beginning of her reign, that she had fixed no absolute resolution against marriage; and she added, that the difficulties, attending the question of the succession, were so great, that she would be contented, for the sake of her people, to remain some time longer in this vale of misery; and never should depart life with satisfaction, till she had laid some solid foundation for their future security.t
The most remarkable law passed this session was that which bore the title of Assurance of the queen’s royal power over all slates and subjects within her dominions.u By this act, the asserting twice, by writing, word, or deed, the pope’s authority, was subjected to the penalties of treason. All persons in holy orders were bound to take the oath of supremacy; as also, all who were advanced to any degree, either in the universities or in common law; all school-masters, officers in court, or members of parliament: And the penalty of their second refusal was treason. The first offence, in both cases, was punished by banishment and forfeiture. This rigorous statute was not extended to any of the degree of a baron; because it was not supposed, that the queen could entertain any doubt with regard to the fidelity of persons possessed of such high dignity. Lord Montacute made opposition to the bill; and asserted in favour of the catholics, that they disputed not, they preached not, they disobeyed not the queen, they caused no trouble, no tumults among the people.w It is, however, probable, that some suspicions of their secret conspiracies had made the queen and parliament encrease their rigour against them; though it is also more than probable, that they were mistaken in the remedy.
There was likewise another point, in which the parliament, this session, shewed more the goodness of their intention than the soundness of their judgment. They passed a law against fond and fantastical prophecies, which had been observed to seduce the people into rebellion and disorder:x But at the same time they enacted a statute, which was most likely to encrease these and such like superstitions: It was levelled against conjurations, enchantments, and witchcraft.y Witchcraft and heresy are two crimes, which commonly encrease by punishment, and never are so effectually suppressed as by being totally neglected. After the parliament had granted the queen a supply of one subsidy and two fifteenths, the session was finished by a prorogation. The convocation likewise voted the queen a subsidy of six shillings in the pound, payable in three years.
