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But nothing was

the suspicions or resentment of the court.* more agreeable to the nation than his protecting the lady Elizabeth from the spite and malice of the queen, and restoring her to liberty. This measure was not the effect of any generosity in Philip, a sentiment of which he was wholly destitute; but of a refined policy, which made him foresee that, if that princess were put to death, the next lawful heir was the queen of Scots, whose succession would forever annex England to the crown of France. The earl of Devonshire also reaped some benefit from Philip's affectation of popularity, and recovered his liberty: but that nobleman, finding himself exposed to suspicion, begged permission to travel; †` and he soon after died at Padua, from poison, as is pretended, given him by the imperialists. He was the eleventh and last earl of Devonshire of that noble family, one of the most illustrious in Europe.

The queen's extreme desire of having issue had made her fondly give credit to any appearance of pregnancy; and when the legate was introduced to her, she fancied that she felt the embryo stir in her womb. Her flatterers compared this motion of the infant to that of John the Baptist, who leaped in his mother's belly at the salutation of the Virgin.§ Despatches were immediately sent to inform foreign courts of this event: orders were issued to give public thanks: great rejoicings were made: the family of the young prince was already settled; || for the Catholics held themselves assured that the child was to be a male: and Bonner, bishop of London, made public prayers be said, that heaven would please to render him beautiful, vigorous, and witty. But the nation still remained somewhat incredulous; and men were persuaded that the queen labored under infirmities which rendered her incapable of having children. Her infant proved only the commencement of a dropsy, which the disordered state of her health had brought upon her. The belief, however, of her pregnancy was upheld with all possible care; and was one artifice by which Philip endeavored to support his authority in the kingdom. [1555.] The parliament passed a law, which, in case of the queen's demise, appointed him

* Heylin, p. 39. Burnet, vol. ii. p. 287. Stowe, p. 626. Dépêches de Noailles, vol. iv. p. 146, 147.

+ Heylin, p. 40. Godwin, p. 349. Dépêches de Noailles, vol. iv. p. 25.

§ Burnet, vol. ii. p. 292. Godwin, p. 348.

|| Heylin, p. 46.

protector during the minority; and the king and queen, finding they could obtain no further concessions, came unexpectedly to Westminster, and dissolved them.

*

There happened an incident this session which must not be passed over in silence. Several members of the lower house, dissatisfied with the measures of the parliament, but finding themselves unable to prevent them, made a secession, in order to show their disapprobation, and refused any longer to attend the house. For this instance of contumacy they were indicted in the king's bench, after the dissolution of parliament: six of them submitted to the mercy of the court, and paid their fines the rest traversed; and the queen died before the affair was brought to an issue. Judging of the matter by the subsequent claims of the house of commons, and, indeed, by the true principles of free government, this attempt of the queen's ministers must be regarded as a breach of privilege; but it gave little umbrage at the time, and was never called in question by any house of commons which afterwards sat during this reign. The count of Noailles, the French ambassador, says that the queen threw several members into prison for their freedom of speech.†

* Coke's Institutes, part i, p. 17. Strype's Memor. vol. i. p. 165. Vol. v. p. 296.

CHAPTER XXXVII.

MARY.

[1555.] THE success which Gardiner, from his cautious and prudent conduct, had met with in governing the parliament, and engaging them to concur both in the Spanish match and in the reestablishment of the ancient religion, — two points to which, it was believed, they bore an extreme aversion,- had so raised his character for wisdom and policy, that his opinion was received as an oracle in the council; and his authority, as it was always great in his own party, no longer suffered any opposition or control. Cardinal Pole himself, though more beloved on account of his virtue and candor, and though superior in birth and station, had not equal weight in public. deliberations; and while his learning, piety, and humanity were extremely respected, he was represented more as a good man than a great minister. A very important question was frequently debated before the queen and council by these two ecclesiastics; whether the laws lately revived against heretics should be put in execution, or should only be employed to restrain by terror the bold attempts of these zealots. Pole was very sincere in his religious principles; and though his moderation had made him be suspected at Rome of a tendency towards Lutheranism, he was seriously persuaded of the Catholic doctrines, and thought that no consideration of human policy ought ever to come in competition with such important interests. Gardiner, on the contrary, had always made his religion subservient to his schemes of safety or advancement; and by his unlimited complaisance to Henry, he had shown that, had he not been pushed to extremity under the late minority, he was sufficiently disposed to make a sacrifice of his principles to the established theology. This was the wellknown character of these two great counsellors; yet such is the prevalence of temper above system, that the benevolent disposition of Pole led him to advise a toleration of the heretical tenets, which he highly blamed; while the severe manners of Gardiner inclined him to support by persecution that religion

which, at the bottom, he regarded with great indifference.* This circumstance of public conduct was of the highest importance; and from being the object of deliberation in the council, it soon became the subject of discourse throughout the nation. We shall relate, in a few words, the topics by which each side supported, or might have supported, their scheme of policy; and shall display the opposite reasons which have been employed, with regard to an argument that ever has been, and ever will be, so much canvassed.

The practice of persecution, said the defenders of Pole's opinion, is the scandal of all religion; and the theological animosity, so fierce and violent, far from being an argument of men's conviction in their opposite sects, is a certain proof that they have never reached any serious persuasion with regard to these remote and sublime subjects. Even those who are the most impatient of contradiction in other controversies, are mild and moderate in comparison of polemical divines; and wherever a man's knowledge and experience give him a perfect assurance in his own opinion, he regards with contempt, rather than anger, the opposition and mistakes of others. But while men zealously maintain what they neither clearly comprehend nor entirely believe, they are shaken in their imagined faith by the opposite persuasion, or even doubts, of other men; and vent on their antagonists that impatience which is the natural result of so disagreeable a state of the understanding. They then easily embrace any pretence for representing opponents as impious and profane; and if they can also find a color for connecting this violence with the interests of civil government, they can no longer be restrained from giving uncontrolled scope to vengeance and resentment. But surely never enterprise was more unfortunate than that of founding persecution upon policy, or endeavoring, for the sake of peace, to settle an entire uniformity of opinion in questions which, of all others, are least subjected to the criterion of human reason. The universal and uncontradicted prevalence of one opinion in religious subjects, can be owing at first to the stupid ignorance alone and barbarism of the people, who never indulge themselves in any speculation or inquiry; and there is no expedient for maintaining that uniformity so fondly sought after, but by banishing forever all curiosity, and all improvement in science and cultivation. It may not indeed appear

*Heylin, p. 47.

difficul to check, by a steady severity, the first beginnings of controversy; but besides that this policy exposes forever the people to all the abject terrors of superstition, and the magistrate to the endless encroachments of ecclesiastics, it also renders men so delicate that they can never endure to hear of opposition; and they will some time pay dearly for that false tranquillity in which they have been so long indulged. As healthful bodies are ruined by too nice a regimen, and are thereby rendered incapable of bearing the unavoidable incidents of human life, a people who never were allowed to imagine that their principles could be contested, fly out into the most outrageous violence when any event (and such events are common) produces a faction among their clergy, and gives rise to any difference in tenet or opinion. But whatever may be said in favor of suppressing, by persecution, the first beginnings of heresy, no solid argument can be alleged for extending severity towards multitudes, or endeavoring, by capital punishments, to extirpate an opinion which has diffused itself among men of every rank and station. Besides the extreme barbarity of such an attempt, it commonly proves ineffectual to the purpose intended, and serves only to make men more obstinate in their persuasion, and to increase the number of their proselytes. The melancholy with which the fear of death, torture, and persecution inspires the sectaries, is the proper disposition for fostering religious zeal: the prospect of eternal rewards, when brought near, overpowers the dread of temporal punishments: the glory of martyrdom stimulates all the more furious zealots, especially the leaders and preachers: where a violent animosity is excited by oppression, men naturally pass from hating the persons of their tyrants to a more violent abhorrence of their doctrines and the spectators, moved with pity towards the supposed martyrs, are easily seduced to embrace those principles which can inspire men with a constancy that appears almost supernatural. Open the door to toleration, mutual hatred relaxes among the sectaries; their attachment to their particular modes of religion decays; the common occupations and pleasures of life succeed to the acrimony of disputation; and the same man who, in other circumstances, would have braved flames and tortures, is induced to change his sect from the smallest prospect of favor and advancement, or even from the frivolous hope of becoming more fashionable in his principles. If any exception can be admitted to this maxim of toleration, it will only be where a

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