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 appea
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