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Constitutional History of England, Henry VII to George II. Volume 2 of 3

Note 181 — Chapter IX

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Lords' Journals, May 6; Parl. Hist. 757. This opinion of the judges which is not mentioned by Clarendon, Hume, and other common historians, seems to have cost Strafford his life. It was relied on by some bishops, especially Usher, whom Charles consulted whether he should pass the bill of attainder, though Clarendon puts much worse casuistry into the mouth of Williams. Parr's Life of Usher, p. 45; Hacket's Life of Williams, p. 160. Juxon is said to have stood alone among five bishops, in advising the king to follow his conscience. Clarendon, indeed, does not mention this; though he glances at Usher with some reproach (p. 451); but the story is as old as the Icon Basilike, in which it is alluded to.

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