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قراءة كتاب The History of England in Three Volumes, Vol.I., Part C. From Henry VII. to Mary
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The History of England in Three Volumes, Vol.I., Part C. From Henry VII. to Mary
seemed not to be propagated by any contagious infection, but arose from the general disposition of the air and of the human body. In less than twenty-four hours the patient commonly died or recovered, but when the pestilence had exerted its fury for a few weeks, it was observed, either from alterations in the air, or from a more proper regimen which had been discovered, to be considerably abated.[*] Preparations were then made for the ceremony of Henry's coronation. In order to heighten the splendor of that spectacle, he bestowed the rank of knight banneret on twelve persons; and he conferred peerages on three. Jasper, earl of Pembroke, his uncle, was created duke of Bedford; Thomas Lord Stanley, his father-in-law, earl of Derby; and Edward Courtney, earl of Devonshire. At the coronation, likewise, there appeared a new institution, which the king had established for security as well as pomp, a band of fifty archers, who were termed yeomen of the guard. But lest the people should take umbrage at this unusual symptom of jealousy in the prince, as if it implied a personal diffidence of his subjects, he declared the institution to be perpetual. The ceremony of coronation was performed by Cardinal Bourchier, archbishop of Canterbury.
The parliament being assembled at Westminster, the majority immediately appeared to be devoted partisans of Henry; all persons of another disposition either declining to stand in those dangerous times, or being obliged to dissemble their principles and inclinations. The Lancastrian party had every where been successful in the elections; and even many had been returned who, during the prevalence of the house of York, had been exposed to the rigor of law, and had been condemned by sentence of attainder and outlawry. Their right to take seats in the house being questioned, the case was referred to all the judges, who assembled in the exchequer chamber, in order to deliberate on so delicate a subject. The opinion delivered was prudent, and contained a just temperament between law and expediency.[**] The judges determined, that the members attainted should forbear taking their seat till an act were passed for the reversal of their attainder. There was no difficulty in obtaining this act; and in it were comprehended a hundred and seven persons of the king's party.[***]
** Bacon, p. 661.
*** Rot. Parl. 1 Henry VII. n. 2, 3, 4-15, 17, 26-65.
But a scruple was started of a nature still more important. The king himself had been attainted; and his right of succession to the crown might thence be exposed to some doubt The judges extricated themselves from this dangerous question by asserting it as a maxim, "That the crown takes away all defects and stops in blood; and that from the time the king assumed royal authority, the fountain was cleared, and all attainders and corruptions of blood discharged." [*] Besides that the case, from its urgent necessity, admitted of no deliberation, the judges probably thought that no sentence of a court of judicature had authority sufficient to bar the right of succession; that the heir of the crown was commonly exposed to such jealousy as might often occasion stretches of law and justice against him; and that a prince might even be engaged in unjustifiable measures during his predecessor's reign, without meriting on that account to be excluded from the throne, which was his birthright.
With a parliament so obsequious, the king could not fail of obtaining whatever act of settlement he was pleased to require. He seems only to have entertained some doubt within himself on what claim he should found his pretensions. In his speech to the parliament, he mentioned his just title by hereditary right: but lest that title should not be esteemed sufficient, he subjoined his claim by the judgment of God, who had given him victory over his enemies. And again, lest this pretension should be interpreted as assuming a right of conquest, he insured to his subjects the full enjoyment of their former properties and possessions.
The entail of the crown was drawn according to the sense of the king, and probably in words dictated by him. He made no mention in it of the princess Elizabeth, nor of any branch of her family: but in other respects the act was compiled with sufficient reserve and moderation. He did not insist that it should contain a declaration or recognition of his preceding right; as, on the other hand, he avoided the appearance of a new law or ordinance. He chose a middle course which, as is generally unavoidable in such cases, was not entirely free from uncertainty and obscurity. It was voted, "That the inheritance of the crown should rest, remain, and abide in the king:" [**] but whether as rightful heir, or only as present possessor, was not determined.
** Bacon, p. 581.
In like manner, Henry was contented that the succession should be secured to the heirs of his body; but he pretended not, in case of their failure, to exclude the house of York or to give the preference to that of Lancaster: he left that great point ambiguous for the present, and trusted that, if it should ever become requisite to determine it, future incidents would open the way for the decision.
But even after all these precautions, the king was so little satisfied with his own title, that in the following year, he applied to papal authority for a confirmation of it; and as the court of Rome gladly laid hold of all opportunities which the imprudence, weakness, or necessities of princes afforded it to extend its influence, Innocent VIII., the reigning pope, readily granted a bull, in whatever terms the king was pleased to desire. All Henry's titles, by succession, marriage, parliamentary choice, even conquest, are there enumerated; and to the whole the sanction of religion is added; excommunication is denounced against every one who should either disturb him in the present possession, or the heirs of his body in the future succession of the crown; and from this penalty no criminal, except in the article of death, could be absolved but by the pope himself, or his special commissioners. It is difficult to imagine that the security derived from this bull could be a compensation for the defect which it betrayed in Henry's title, and for the danger of thus inviting the pope to interpose in these concerns.
It was natural, and even laudable in Henry to reverse the attainders which had passed against the partisans of the house of Lancaster: but the revenges which he exercised against the adherents of the York family, to which he was so soon to be allied, cannot be considered in the same light. Yet the parliament, at his instigation, passed an act of attainder against the late king himself, against the duke of Norfolk, the earl of Surrey, Viscount Lovel, the lords Zouche and Ferrars of Chartley, Sir Walter and Sir James Harrington, Sir William Berkeley, Sir Humphrey Stafford, Catesby, and about twenty other gentlemen who had fought on Richard's side in the battle of Bosworth. How men could be guilty of treason by supporting the king in possession against the earl of Richmond, who assumed not the title of king, it is not easy to conceive; and nothing but a servile complaisance in the parliament could have engaged them to make this stretch of justice. Nor was it a small mortification to the people in general, to find that the king, prompted either by avarice or resentment could, in the very beginning of his reign, so far violate the cordial union which had previously been concerted between the parties, and to the expectation of which he had plainly owed his succession to the throne.
The king, having gained so many points of consequence from the parliament, thought it not expedient to demand any supply from them, which the profound peace enjoyed by the nation, and the late forfeiture of Richard's adherents, seemed to render somewhat superfluous. The