[The History of England in Three Volumes, Vol.I., Part C. by David Hume]@TWC D-Link bookThe History of England in Three Volumes, Vol.I., Part C. CHAPTER XXXII 11/50
They passed an act of attainder, not only against the marquis of Exeter, the lords Montacute, Darcy, Hussey, and others, who had been legally tried and condemned, but also against some persons of the highest quality, who had never been accused, or examined, or convicted.
The violent hatred which Henry bore to Cardinal Pole had extended itself to all his friends and relations; and his mother in particular, the countess of Salisbury, had on that account become extremely obnoxious to him.
She was also accused of having employed her authority with her tenants, to hinder them from reading the new translation of the Bible; of having procured bulls from Rome, which, it is said, had been seen at Coudray, her country seat; and of having kept a correspondence with her son, the cardinal; but Henry found, either that these offences could not be proved, or that they would not by law be subjected to such severe punishments as he desired to inflict upon her.
He resolved, therefore, to proceed in a more summary and more tyrannical manner; and for that purpose he sent Cromwell, who was but too obsequious to his will, to ask the judges, whether the parliament could attaint a person who was forthcoming, without giving him any trial, or citing him to appear before them ?[*] The judges replied, that it was a dangerous question; and that the high court of parliament ought to give the example to inferior courts, of proceeding according to justice; no inferior court could act in that arbitrary manner, and they thought that the parliament never would. Being pressed to give a more explicit answer, they replied, that if a person were attainted in that manner, the attainder could never afterwards be brought in question, but must remain good in law.
Henry learned by this decision, that such a method of proceeding, though directly contrary to all the principles of equity, was yet practicable; and this being all he was anxious to know, he resolved to employ it against the countess of Salisbury. * Coke's 4th Inst.p.37, 38. Cromwell showed to the house of peers a banner, on which were embroidered the five wounds of Christ, the symbol chosen by the northern rebels; and this banner he affirmed, was found in the countess's house.[*] No other proof seems to have been produced in order to ascertain her guilt: the parliament, without further inquiry, passed a bill of attainder against her; and they involved in the same bill, without any better proof, as far as appears, Gertrude marchioness of Exeter, Sir Adrian Fortescue, and Sir Thomas Dingley.
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