to say any thing to the disparagement or
slander of the princesses Mary and Elizabeth; and to call them spurious
would, no doubt, have been construed to their slander. Nor would even a
profound silence with regard to these delicate points be able to save a
person from such penalties. For by the former statute, whoever refused
to answer upon oath to any point contained in that act, was subjected
to the pains of treason. The king, therefore, needed only propose to
any one a question with regard to the legality of either of his first
marriages: if the person were silent, he was a traitor by law: if he
answered either in the negative or in the affirmative, he was no less
a traitor. So monstrous were the inconsistencies which arose from
the furious passions of the king and the slavish submission of his
parliaments. It is hard to say whether these contradictions were owing
to Henry's precipitancy, or to a formed design of tyranny.
* Le Thou.
** 28 Henry VIII. c. 7.
*** 34, 35 Henry VIII. c. 1.
It may not be improper to recapitulate whatever is memorable in the
statutes of this reign, whether with regard to government or commerce:
nothing can better show the genius of the age than such a review of the
laws.
The abolition of the ancient religion much contributed to the regular
execution of justice. While the Catholic superstition subsisted, there
was no possibility of punishing any crime in the clergy: the church
would not permit the magistrate to try the offences of her members, and
she could not herself inflict any civil penalties upon them. But Henry
restrained these pernicious immunities: the privilege of clergy was
abolished for the crimes of petty treason, murder, and felony, to all
under the degree of a subdeacon.[*] But the former superstition not
only protected crimes in the clergy; it exempted also the laity from
punishment, by affording them shelter in the churches and sanctuaries.
The parliament abridged these privileges. It was first declared, that no
sanctuaries were allowed in cases of high treason;[**] next, in those of
murder, felony, rapes, burglary, and petty treason:[***] and it limited
them in other particulars.[****] The further progress of the reformation
removed all distinction between the clergy and other subjects, and also
abolished entirely the privileges of sanctuaries. These consequences
were implied in the neglect of the canon law.
The only expedient employed to support
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