Discussion of the succession was strongly discouraged and became dangerous, but it was not entirely suppressed. During the last two decades of the century, the
Privy Council was active against pamphlets and privately circulated literature on the topic.
John Stubbs, who published on the closely related issue of the queen's marriage, avoided execution in 1579 but had a hand cut off and was in the
Tower of London until 1581. In that year, Parliament passed the Act against Seditious Words and Rumours Uttered against the Queen's Most Excellent Majesty. The publication of books deemed seditious became a
felony. Much of the writing was therefore anonymous; in manuscript form or, in the case of Catholic arguments, smuggled into the country. Some was published in Scotland. ''
Leicester's Commonwealth'' (1584), for example, an illegally circulated tract attacking the queen's favourite
Robert Dudley, Earl of Leicester, devoted much of its space to arguing for the succession rights of Mary, Queen of Scots. A number of treatises, or "succession tracts", circulated. Out of a large literature on the question, the 19th century librarian
Edward Edwards picked five of the tracts that were major contributions. That by Hales reflected a
Puritan view (it has been taken to be derived from
John Ponet); and it to a large extent set the terms of the later debate. The other four developed the cases for Catholic successors.
The Hales tract John Hales wrote a speech to give in the House of Commons in 1563; he was a partisan of the Earl of Hertford, in right of his wife, the former Lady Catherine Grey. It also caused a furore, and allegations of a plot. Hales could only be brought to say that he had shown a draft to John Grey,
William Fleetwood, the other member of parliament for the same borough, and
John Foster, who had been one of the members for
Hindon.
Walter Haddon called Hales's arrest and the subsequent row the
Tempestas Halesiana. What Hales was doing was quite complex, using legal arguments to rule out Scottish claimants, and also relying on research abroad by
Robert Beale to reopen the matter of the Hertford marriage. Francis Newdigate, who had married
Anne Seymour, Duchess of Somerset, was involved in the investigation, but was not imprisoned; Hales was. He spent a year in the
Fleet Prison and the
Tower of London, and for the rest of his life was under
house arrest. A related work, by
Thomas Morgan (as supposed), Lesley's arguments in fact went back to
Edmund Plowden, and had been simplified by
Anthony Browne.
The Doleman tract , a reply to the
Conference about the next Succession to the Crown of England (1595) of
Robert Persons on the succession to Elizabeth I The arguments naturally changed after Queen Mary's execution. It has been noted that Protestant supporters of James VI took over debating points previously used by her supporters, while Catholics employed some arguments that had been employed by Protestants. A significant step was taken in Robert Highington's
Treatise on the Succession, in favour of the line through the House of Portugal.
Robert Persons's pseudonymous
Conference about the next Succession to the Crown of England, by R. Doleman (comprising perhaps co-authors, 1595), was against the claim of James VI. This work made an apparent effort to discuss candidates equitably, including the Infanta of Spain, Isabella Clara Eugenia. It was taken by some in England to imply that Elizabeth's death could lead to
civil war. A preface suggested that
Robert Devereux, 2nd Earl of Essex might be a decisive influence. The circumstance reflected badly on Essex with the Queen. It also sought to undermine Burghley by suggesting he was a partisan of Arbella Stuart, and dealt acutely with the Lancaster/York issues. ==Other literature==