Information on this page came from Henry William and John Hardy's
Documents Illustrative of English Church History (Macmillan and Co., 1896.)
Submission of the Clergy, 1532
Submission of the Clergy and Restraint of Appeals, 1534
Ecclesiastical Appointments Act, 1534
Act Forbidding Papal Dispensations and Peter's Pence, 1534
Second Act of Succession (Act Respecting the Oath to the Succession), 1534
THE SUBMISSION OF THE CLERGY, A. D. 1532.
By the following document, agreed to by Convocation on May 15, 1532, and handed to the king on the following day, the clergy made their submission to the king's demands. The transcript below is taken from a regularly certified copy from the Register of Convocation, which copy is now preserved amongst the State Papers. A contemporary draft of the preceding, with some verbal differences and an extra article, is also preserved amongst the State Papers (S. P. Hen. VIII, v. 1023 ii.). Its material difference is the omission of the word new. Its precise relation to the one here printed is not quite clear. Presumably the one agreed to by Convocation is that given below. The words contained in square brackets are those in which 1023 i. differs from the text of 1023 ii. . .
[S. P. Henry VIII. v. No. 1023 i.]
We your most humble subjects, daily orators and bedesmen of your clergy of England, having our special trust and confidence in your most excellent wisdom, your princely goodness and fervent zeal to the promotion of God's honour and Christian religion, and also in your learning, far exceeding, in our judgment, the learning of all other kings and princes that we have read of, and doubting nothing but that the same shall still continue and daily increase in your majesty-
First, do offer and promise, in verbo sacerdotii, here unto your highness, submitting ourselves most humbly to the same, that we will never from henceforth [enact], put in ure, promulge, or execute, any [new canons or constitutions provincial, or any other new ordinance, provincial or synodal], in our Convocation [or synod] in time coming, which Convocation is, always has been, and must be, assembled only by your highness' commandment of writ, unless your highness by your royal assent shall license us to [assemble our Convocation, and] to make, promulge, and execute [such constitutions and ordinances as shall be made in] the same; and thereto give your royal assent and authority.
Secondly, that whereas divers [of the] constitutions, [ordinances,] and canons, provincial [or synodal,] which have been heretofore enacted, be thought to be not only much prejudicial to your prerogative royal, but also overmuch onerous to your highness' subjects, [your clergy aforesaid is contented, if it may stand so with your highness' pleasure, that ] it be committed to the examination and judgment [of your grace, and] of thirty-two persons, whereof sixteen to be of the upper and nether house of the temporalty, and other sixteen of the clergy, all to be chosen and appointed by your [most noble grace]. So that, finally, whichsoever of the said constitutions, [ordinances, or canons, provincial or synodal,] shall be thought and determined by [your grace and by] the most part of the said thirty-two persons [not to stand with God's laws and the laws of your realm, the same] to be abrogated and [taken away by your grace and the clergy; and such of them as shall be seen by your grace, and by the most part of the said thirty-two persons, to stand with God's laws and the laws of your realm, to stand in full strength and power, your grace's most royal assent and authority] once impetrate and fully given to the same.
THE SUBMISSION OF THE CLERGY AND RESTRAINT OF APPEALS, A.D. 1534.
25 HENRY VIII, CAP. 19.
This statute, . . . ., passed in 1534, . . .[was] repealed by I & 2 Philip and Mary, cap. 8 (post, No. LXXVI), and were revived by I Elizabeth, cap. I (post, No. LXXIX).
[Transcr. Statutes of the Realm, iii. 460.]
Where the king's humble and obedient subjects, the Recital of clergy of this realm of England, have not only acknowledged according to the truth, that the convocations of the same clergy is, always has been, and ought to be assembled only by the king's writ, but also submitting themselves to the king’s majesty, have promised in verbo sacerdotti, that they will never from henceforth presume to attempt, allege, claim, or put in ure, or enact, promulge, or execute any new canons, constitutions, ordinance provincial, or other, or by whatsoever other name they shall be called, in the Convocation, unless the king's most royal assent and licence may to them be had, to make, promulge, and execute the same; and that his majesty do give his most royal assent and authority in that behalf:
And where divers constitutions, ordinances, and canons, provincial or synodal, which heretofore have been enacted, and be thought not only to be much prejudicial to the king's prerogative royal, and repugnant to the laws and statutes of this realm, but also overmuch onerous to his highness and his subjects; the said clergy have most humbly besought the king's highness, that the said constitutions and canons may be committed to the examination and judgment of his highness, and two-and-thirty persons of the king's subjects, whereof sixteen to be of the upper and nether house of the Parliament of the temporalty, and the other sixteen to be of the clergy of this realm; and all the said two-and-thirty persons to be chosen and appointed by the king's majesty; and that such of the said constitutions and canons, as shall be thought and determined by the said two-and-thirty persons, or the more part of them, worthy to be abrogated and annulled, shall be abolished and made of no value accordingly; and such other of the same constitutions and canons, as by the said two-and-thirty, or the more part of them, shall be approved to stand with the laws of God, and consonant to the laws of this realm, shall stand in their full strength and power, the king's most royal assent first had and obtained to the same:
Be it therefore now enacted by authority of this present Parliament, according to the said submission and petition of the said clergy, that they, nor any of them, from henceforth shall presume to attempt, allege, claim or put in ure any constitutions or ordinances, provincial or synodal, or any other canons; nor shall enact, promulge, or execute any such canons, constitutions, or ordinance provincial, by whatsoever name or names they may be called, in their convocations in time coming (which alway shall be assembled by authority of the king's writ), unless the same clergy may have the king's most royal assent and licence to make, promulge, and execute such canons, constitutions, and ordinances, provincial or synodal, upon pain of every one of the said clergy doing contrary to this Act, and being thereof convict, to suffer imprisonment, and make fine at the king's will.
And forasmuch as such canons, constitutions, and ordinance, as heretofore have been made by the clergy of this realm, cannot now at the session of this present Parliament, by reason of shortness of time, be viewed, examined, and determined by the king's highness, and thirty-two persons to be chosen and appointed according to the petition of the said clergy in form above rehearsed: be it therefore enacted by authority aforesaid, that the king's highness shall have power and authority to nominate and assign, at his pleasure, the said two-and-thirty persons of his subjects, whereof sixteen to be of the clergy, and sixteen to be of the temporalty of the upper and nether house of the Parliament; and if any of the said two-and-thirty persons so chosen shall happen to die before their full determination, then his highness to nominate other from time to time of the said two houses of the Parliament, to supply the number of the said two-and-thirty; and that the same two-and-thirty, by his highness so to be named, shall have power and authority to view, search, and examine the said canons, constitutions, and ordinances, provincial and synodal heretofore made, and such of them as the king's highness and the said two-and-thirty, or the more part of them, shall deem and adjudge worthy to be continued, kept, and obeyed, shall be from thenceforth kept, obeyed, and executed within this realm, so that the king's most royal assent under his great seal be first had to the same; and the residue of the said canons, constitutions, or ordinance provincial, which the king's highness, and the said two-and-thirty persons or the more part of them, shall not approve, or deem and judge worthy to be abolished, abrogate, and made frustrate, shall from thenceforth he void and of none effect, and never be put in execution within this realm. Provided alway, that no canons, constitutions, or ordinance shall be made or put in execution within this realm by authority of the convocation of the clergy, which shall be contrariant or repugnant to the king's prerogative royal, or the customs, laws, or statutes of this realm; anything contained in this Act to the contrary hereof notwithstanding.
And be it further enacted by authority aforesaid, that from the feast of Easter, which shall be in the year of our Lord God 1534, no manner of appeals shall be had, provoked, or made out of this realm, or out of any of the king's dominions, to the Bishop of Rome, nor to the see of Rome, in any causes or matters happening to be in contention, and having their commencement or beginning in any of the courts within this realm, or within any the king's dominions, of what nature, condition, or quality soever they be of; but that all manner of appeals, of what nature or condition soever they be of, or what cause or matter soever they concern, shall be made and had by the parties grieved, or having cause of appeal, after such manner, form, and condition, as is limited for appeals to be had and prosecuted within this realm in causes of matrimony, tithes, oblations and obventions, by a statute thereof made and established since the beginning of this present Parliament, and according to the form and effect of the said statute; any usage, custom, prescription, or any thing or things to the contrary hereof notwithstanding.
And for lack of justice at or in any the courts of the archbishops of this realm, or in any the king's dominions it shall be lawful to the parties grieved to appeal to the kings majesty in the kings Court of Chancery; and that upon every such appeal, a commission shall be directed under the great seal to such persons as shall be named by the king's highness, his heirs or successors, like as in case of appeal from the admiral's court, to hear and definitively determine such appeals, and the causes concerning the same. Which commissioners, so by the kings highness, his heirs or successors, to be named or appointed, shall have full power and authority to hear and definitively determine every such appeal with the causes and all circumstances concerning the same; and that such judgment and sentence, as the said commissioners shall make and decree, in and upon any such appeal, shall be good and effectual, and also definitive; and no further appeals to be had or made from the said commissioners for the same.
And if any person or persons, at any time after the said feast of Easter, provoke or sue any manner of appeals, of what nature or condition soever they be of, to the said Bishop of Rome, or to the see of Rome, or do procure or execute any manner of process from the see of Rome, or by authority thereof, to the derogation or let of the due execution of this Act, or contrary to the same, that then every such person or persons so doing, their aiders, counsellors, and abettors, shall incur and run into the dangers, pains, and penalties contained and limited in the Act of Provision and Praemunire made in the sixteenth year of the king's most noble progenitor, King Richard II, against such as sue to the Court of Rome against the king's crown and prerogative royal.
Provided always, that all manner of provocations and appeals hereafter to be had, made, or taken from the jurisdiction of any abbots, priors, and other heads and governors of monasteries, abbeys, priors, and other houses and places exempt, in such cases as they were wont or might afore the making of this Act, by reason of grants or liberties of such places exempt, to have or make immediately any appeal or provocation to the Bishop of Rome, otherwise called pope, or to the see of Rome, that in all these cases every person and persons, having cause of appeal or provocation, shall and may take and make their appeals and provocations immediately to the king's majesty of this realm, into the Court of Chancery, in like manner and form as they used afore to do to the see of Rome; which appeals and provocations so made, shall be definitively determined by authority of the king's commission, in such manner and form as in this Act is above mentioned; so that no archbishop or bishop of this realm shall intermit or meddle with any such appeals, otherwise or in any other manner than they might have done afore the making of this Act; anything in this Act to the contrary thereof notwithstanding.
Provided also, that such canons, constitutions, ordinances, and synodals provincial being already made, which not contrariant or repugnant to the laws, statutes, and customs of this realm, nor to the damage or hurt of the king's prerogative royal, shall more still be used and executed as they were afore the making of this Act, till such time as they be viewed, searched, or otherwise ordered and determined by the said two-and-thirty persons, or the more part of them, according to the tenor, form, and effect of this present Act.
THE ECCLESIASTICAL APPOINTMENTS ACT -
THE ABSOLUTE RESTRAINT OF ANNATES, ELECTION OF BISHOPS, AND LETTERS MISSIVE ACT, A. D. 1534.
25 HENRY VIII, CAP. 20.
This Act was passed in 1534, and was repealed so far as it related to episcopal election - by the Act of I Edward VI, cap. 2, which substituted direct nomination of bishops by the Crown. The last Act was repealed by I Mary, stat. 2, cap. 2 (post, No. LXXIII), and never re-enacted.
[Transcr. Statutes of the Realm, iii. 462.]
Where since the beginning of this present Parliament, for repression of the exaction of annates and first-fruits of archbishoprics and bishoprics of this realm wrongfully taken by the Bishop of Rome, otherwise called the pope, and the see of Rome, it is ordained and established by an Act, among other things, that the payments of the annates or first-fruits, and all manner contributions of the same, for any such archbishopric or bishopric, or for any bulls to be obtained from the see of Rome, to or for the said purpose or intent, should utterly cease, and no such to be paid for any archbishopric or bishopric within this realm, otherwise than in the same Act is expressed: and that no manner of person or persons to be named, elected, presented, or postulated to any archbishopric or bishopric within this realm, should pay the said annates or first-fruits, nor any other manner of sum or sums of money, pensions or annuities for the same, or for any other like exaction or cause, upon pain to forfeit to our sovereign lord the king, his heirs and successors, all manner his goods and chattels for ever, and all the temporal lands and possessions of the said archbishopric or bishopric during the time that he or they that should offend contrary to the said Act, should have, possess, and enjoy the said archbishopric or bishopric. And it is further enacted, that if any person named or presented to the see of Rome by the king's highness, or his heirs and successors, to be bishop of any see or diocese within this realm, should happen to be let, delayed, or deferred at the see of Rome from any such bishopric whereunto he should be so presented, by means of restraint of bulls of the said Bishop of Rome, otherwise called the pope, and other things requisite to the same, or should be denied at the see of Rome, upon convenient suit made, for any bulls requisite for any such cause, that then every person so presented might or should be consecrated here in England by the archbishop in whose province the said bishopric shall be; so always, that the same person should be named and presented by the king for the time being to the said archbishop. And if any person being named and presented as is before said, to any archbishopric of this realm, making convenient suit, as is aforesaid, should happen to be let, delayed, deferred, or otherwise disturbed from the said archbishopric, for lack of pall, bulls, or other things to him requisite to be obtained at the see of Rome, that then every such person so named and presented to the archbishop, might and should be consecrated and invested, after presentation made as is aforesaid, by any other two bishops within this realm, whom the king's highness, or any his heirs or successors, kings of England, would appoint and assign for the same, according and after like manner as divers archbishops and bishops have been heretofore in ancient time by sundry the king's most noble progenitors made, consecrated; and invested within this realm. And it is further enacted by the said Act, that every archbishop and bishop, being named and presented by the king's highness, his heirs and successors, kings of England, and being consecrated and invested, as is aforesaid, should he installed accordingly, and should be accepted, taken and reputed, used and obeyed as an archbishop or bishop of the dignity, see, or place whereunto he shall be so named, presented, and consecrated, and as other like prelates of that province, see, or diocese have been used, accepted, taken, and obeyed, which have had and obtained completely their bulls and other things requisite in that behalf from the see of Rome, and also should fully and entirely have and enjoy all the spiritual ties and temporalties of the said archbishopric or bishopric, in as large, ample, and beneficial manner, as any of his or their predecessors had or enjoyed in the said archbishopric or bishopric, satisfying and yielding unto the king's highness, and to his heirs and successors, all such duties, rights, and interests as beforetime have been accustomed to be paid for any such archbishopric or bishopric, according to the ancient laws and customs of this realm and the king's prerogative royal, as in the said Act amongst other things is more at large mentioned.
And albeit the said Bishop of Rome, otherwise called the pope, has been informed and certified of the effectual contents of the said Act, to the intent that by some gentle ways the said exactions might have been redressed and reformed, yet nevertheless the said Bishop of Rome hitherto has made no answer of his mind therein to the kings highness, nor devised nor required any reasonable ways to and with our said sovereign lord for the same:
Wherefore his most royal majesty of his most excellent goodness, for the wealth and profit of this his realm and subjects of the same, has not only put his most gracious and royal assent to the aforesaid Act, but also has ratified and confirmed the same, and every clause and article therein contained, as by his letters patent under his great seal enrolled in the Parliament roll of this present Parliament more at large is contained.
And forasmuch as in the said Act it is not plainly and certainly expressed in what manner and fashion archbishops and bishops shall be elected, presented, invested, and consecrated within this realm, and in all other the king's dominions; be it now therefore enacted by the king our sovereign lord, by the assent of the Lords spiritual and temporal, and the Commons, in this present Parliament assembled, and by the authority of the same, that the said Act and everything therein contained shall be and stand in strength, virtue, and effect; except only, that no person or persons hereafter shall be presented, nominated, or commended to the said Bishop of Rome, otherwise called the pope, or to the see of Rome, to or for the dignity or office of any archbishop or bishop within this realm, or in any other the king's dominions, nor shall send nor procure there for any manner of bulls, briefs, palls, or other things requisite for an archbishop or bishop, nor shall pay any sums of money for annates, first-fruits nor otherwise, for expedition of any such bulls, briefs, or palls; but that by the authority of this Act, such presenting, nominating, or commending to the said Bishop of Rome, or to the see of Rome, and such bulls, briefs, palls, annates, first-fruits, and every other sums of money heretofore limited, accustomed, or used to be paid at the said see of Rome, for procuration or expedition of any such bulls, briefs, or palls, or other thing concerning the same, shall utterly cease and no longer be used within this realm, or within any the king's dominions; anything contained in the said Act aforementioned, or any use, custom, or prescription to the contrary thereof notwithstanding.
And furthermore be it ordained and established by the authority aforesaid, that at every avoidance of every archbishopric or bishopric within this realm, or in any other the king's dominions, the king our sovereign lord, his heirs and successors, may grant to the prior and convent, or the dean and chapter of the cathedral churches or monasteries where the see of such archbishopric or bishopric shall happen to be void, a licence under the great seal, as of old time has been accustomed, to proceed to election of an archbishop or bishop of the see so being void, with a letter missive, containing the name of the person which they shall elect and choose: by virtue of which licence the said dean and chapter, or prior and convent, to whom any such licence and letters missive shall be directed, shall with all speed and celerity in due form elect and choose the said person named in the said letters missive, to the dignity and office of the archbishopric or bishopric so being void, and none other.
And if they do defer or delay their election above twelve days next after such licence and letters missive to them delivered, that then for every such default the king's highness, his heirs and successors, at their liberty and pleasure shall nominate and present, by their letters patent under their great seal, such a person to the said office and dignity so being void, as they shall think able and convenient for the same.
And that every such nomination and presentment to be made by the king’s highness, his heirs and successors, if it be to the office and dignity of a bishop, shall be made to the archbishop and metropolitan of the province where the see of the same bishopric is void, if the see of the said archbishopric be then full, and not void; and if it be void, then to be made to such archbishop or metropolitan within this realm, or in any the king's dominions, as shall please the king's highness, his heirs or successors: and if any such nomination or presentment shall happen to be made for default of such election to the dignity or office of any archbishop, then the king's highness, his heirs and successors, by his letters patent under his great seal, shall nominate and present such person, as they will dispose to have the said office and dignity of archbishopric being void, to one such archbishop and two such bishops, or else to four such bishops within this realm, or in any of the king's dominions, as shall be assigned by our said sovereign lord, his heirs or successors.
And be it further enacted by the authority aforesaid, that whensoever any such presentment or nomination shall be made by the king’s highness, his heirs or successors, by virtue and authority of this Act, and according to the tenor of the same; that then every archbishop and bishop, to whose hands any such presentment and nomination shall be directed, shall with all speed and celerity invest and consecrate the person nominate and presented by the king's highness, his heirs or successors, to the office and dignity that such person shall he so presented unto, and give and use to him pall, and all other benedictions, ceremonies, and things requisite for the same, without suing, procuring, or obtaining hereafter any bulls or other things at the see of Rome, for any such office or dignity in any behalf.
And if the said dean and chapter, or prior and convent, after such licence and letters missive to them directed, within the said twelve days do elect and choose the said person mentioned in the said letters missive, according to the request of the king's highness, his heirs or successors, thereof to be made by the said letters missive in that behalf, then their election shall stand good and effectual to all intents.
And that the person so elected, after certification made of the same election under the common and convent seal of the electors, to the king's highness, his heirs or successors, shall be reputed and taken by the name of lord elected of the said dignity and office that he shall be elected unto.
And then making such oath and fealty only to the king's majesty, his heirs and successors, as shall be appointed for the same, the king's highness, by his letters patent under his great seal, shall signify the said election, if it be to the dignity of a bishop, to the archbishop and metropolitan of the province where the see of the said bishopric was void if the see of the said archbishop be full and not void; and if it be void, then to any other archbishop within this realm, or in any other the king's dominions; requiring and commanding such archbishop, to whom any such signification shall he made, to confirm the said election, and to invest and consecrate the said person so elected to the office and dignity that he is elected unto, and to give and use to him all such benedictions, ceremonies, and other things requisite for the same, without any suing, procuring, or obtaining any bulls, letters, or other things from the see of Rome for the same in any behalf, And if the person he elected to the office and dignity of an archbishop, according to the tenor of this Act, then after such election certified to the king's highness in form aforesaid, the same person so elected to the office and dignity of an archbishop shall be reputed and taken lord elect to the said office and dignity of archbishop, whereunto he shall be so elected; and then after he has made such oath and fealty only to the king's majesty, his heirs and successors, as shall be limited for the same, the king's highness, by his letters patent under his great seal, shall signify the said election to one archbishop and two other bishops, or else to four bishops within this realm, or within any other the king's dominions, to be assigned by the king's highness, his heirs or successors, requiring and commanding the said archbishop and bishops, with all speed and celerity, to confirm the said election, and to invest and consecrate the said person so elected to the office and dignity that he is elected unto, and to give and use to him such pall, benedictions, ceremonies, and all other things requisite for the same, without suing, procuring, or obtaining any bulls, briefs, or other things at the said see of Rome, or by the authority thereof in any behalf.
And be it further enacted by authority aforesaid, that every person and persons being hereafter chosen, elected, nominate, presented, invested, and consecrated to the dignity or office of any archbishop or bishop within this realm, or within any other the king's dominions, according to the form, tenor, and effect of this present Act, and suing their temporalties out of the king's hands, his heirs or successors, as has been accustomed, and making a corporal oath to the king's highness, and to none other, in form as is afore rehearsed, shall and may from henceforth be thronized or installed, as the case shall require, and shall have and take their only restitution out of the king's hands, of all the possessions and profits spiritual and temporal, belonging to the said archbishopric or bishopric whereunto they shall be so elected or presented, and shall be obeyed in all manner of things, according to the name, title, degree, and dignity that they shall be so chosen or presented unto, and do and execute in every thing and things touching the same, as any archbishop or bishop of this realm, without offending the prerogative royal of the crown and the laws and customs of this realm, might at any time heretofore do.
And be it further enacted by the authority aforesaid, that if the prior and convent of any monastery, or dean and chapter of any cathedral church, where the see of any archbishop or bishop is within any of the king's dominions, after such licence as is afore rehearsed, shall be delivered to them, proceed not to election, and signify the same according to the tenor of this Act, within the space of twenty days next after such licence shall come to their hands; or else if any archbishop or bishop, within any the king's dominions, after any such election, nomination, or presentation shall be signified unto them by the king's letters patent, shall refuse, and do not confirm, invest, and consecrate with all due circumstance as is aforesaid, every such person as shall be so elected, nominate, or presented, and to them signified as is above mentioned, within twenty days next after the king's letters patent of such signification or presentation shall come to their hands; or else if any of them, or any other person or persons, admit, maintain, allow, obey, do or execute any censures, excommunications, interdictions, inhibitions, or any other process or act, of what nature, name, or quality soever it be, to the contrary, or let of due execution of this Act; that then every prior and particular person of his convent, and every dean and particular person of the chapter, and every archbishop and bishop, and all other persons, so offending and doing contrary to this Act. or any part thereof, and their aiders, counsellors, and abetters, shall run into the dangers, pains, and penalties of the Statute of the Provision and Praemunire, made in the five-and-twentieth year of the reign of King Edward III, and in the sixteenth year of King Richard II.
ACT FORBIDDING PAPAL DISPENSATIONS
AND THE PAYMENT OF PETER'S PENCE,
A.D. 1534.
25 HENRY VIII, CAP. 21.
[Transcr. Statutes of the Realm, iii. 464.]
Most humbly beseeching your most royal majesty, your obedient and faithful subjects, the Commons of this your present Parliament assembled, by your most dread commandment, that where your subjects of this your realm, and of other countries and dominions, being under your obeisance, by many years past have been, and yet be greatly decayed and impoverished, by such intolerable exactions of great sums of money as have been claimed and taken, and yet continually be claimed to be taken out of this your realm, and other your said countries and dominions, by the Bishop of Rome, called the pope, and the see of Rome, as well in pensions, censes, Peter-pence, procurations, fruits, suits for provisions, and expeditions of bulls for archbishoprics and bishoprics, and for delegacies, and rescripts in causes of contentions and appeals, jurisdictions legatine, and also for dispensations, licences, faculties, grants, relaxations, writs called perinde valere, rehabilitations, abolitions, and other infinite sorts of bulls, briefs, and instruments of sundry natures, names, and kinds, in great numbers heretofore practised and obtained otherwise than by the laws, laudable uses, and customs of this realm should be permitted, the specialties whereof be over long, large in number, and tedious here particularly to be inserted; wherein the Bishop of Rome aforesaid has not been only to be blamed for his usurpation in the premises, but also for his abusing and beguiling your subjects, pretending and persuading to them that he has full power to dispense with all human laws, uses, and customs of all realms, in all causes which be called spiritual, which matter has been usurped and practised by him and his predecessors by many years, in great derogation of your imperial crown and authority royal, contrary to right and conscience:
For where this your grace's realm recognizing no superior under God, but only your grace, has been and is free from subjection to any man's laws, but only to such as have been devised, made, and ordained within this realm, for the wealth of the same, or to such other as, by sufferance of your grace and your progenitors, the people of this your realm have taken at their free liberty, by their own consent to be used amongst them, and have bound themselves by long use and custom to the observance of the same, not as to the observance of the laws of any foreign prince, potentate, or prelate, but as to the accustomed and ancient laws of this realm, originally established as laws of the same, by the said sufferance, consents, and custom, and none otherwise:
It stands therefore with natural equity and good reason, that in all and every such laws human made within this realm, or induced into this realm by the said sufferance, consents, and custom, your royal majesty, and your lords spiritual and temporal, and Commons, representing the whole state of your realm, in this your most High Court of Parliament, have full power and authority, not only to dispense, but also to authorize some elect person or persons to dispense with those, and all other human laws of this your realm, and with every one of them, as the quality of the persons and matter shall require; and also the said laws, and every of them, to abrogate, annul, amplify, or diminish, as it shall be seen unto your majesty, and the nobles and Commons of your realm present in your Parliament, meet and convenient for the wealth of your realm, as by divers good and wholesome Acts of Parliaments, made and established as well in your time, as in the time of your most noble progenitors, it may plainly and evidently appear:
And because that it is now in these days present seen, that the state, dignity, superiority, reputation, and authority of the said imperial crown of this realm, by the long sufferance of the said unreasonable and uncharitable usurpations and exactions practised in the times of your most noble progenitors, is much and sore decayed and diminished, and the people of this realm thereby impoverished, and so or worse be like to continue, if remedy be not therefor shortly provided:
It may therefore please your most noble majesty, for the honour of Almighty God, and for the tender love, zeal, and affection that ye bear, and always have borne to the wealth of this your realm and subjects of the same, forasmuch as your majesty is supreme head of the Church of England, as the prelates and clergy of your realm, representing the said Church, in their synods and convocations have recognized, in whom consisteth full power and authority, upon all such laws as have been made and used within this realm, to ordain and enact, by the assent of your lords spiritual and temporal, and the Commons in this your present Parliament assembled, and by authority of the same, that no person or persons of this your realm, or of any other your dominions, shall from henceforth pay any pensions, censes, portions, Peter-pence or any other impositions, to the use of the said bishop, or the see of Rome, like as heretofore they have used, by usurpation of the said Bishop of Rome and his predecessors, and sufferance of your highness, and your most noble progenitors, to do; but that all such pensions, censes, portions and Peter-pence, which the said Bishop of Rome, otherwise called the pope, has heretofore taken and perceived, or caused to be taken and perceived to his use, and his chambers which he calls apostolic, by usurpation and sufferance, as is abovesaid, within this your realm, or any other your dominions, shall from henceforth clearly surcease, and never more be levied, taken, perceived, nor paid to any person or persons in any manner of wise; any constitution, use, prescription, or custom to the contrary thereof notwithstanding.
And be it further enacted by the authority aforesaid, that neither your highness, your heirs nor successors, kings of this realm, nor any your subjects of this realm, nor of any other your dominions, shall from henceforth sue to the said Bishop of Rome, called the pope, or to the see of Rome, or to any person or persons having or pretending any authority by the same, for licences, dispensations, compositions, faculties, grants, rescripts, delegacies, or any other instruments or writings, of what kind, name, nature, or quality soever they be of, for any cause or matter, for the which any licence, dispensation, composition, faculty, grant, rescript, delegacy, instrument, or other writing, heretofore has been used and accustomed to be had and obtained at the see of Rome, or by authority thereof, or of any prelate of this realm; nor for any manner of other licences, dispensations, compositions, faculties, grants, rescripts, delegacies, or any other instruments or writings that in causes of necessity may lawfully be granted without offending of the Holy Scriptures and laws of God:
But that from henceforth every such licence, dispensation, composition, faculty, grant, rescript, delegacy, instrument, and other writing afore named and mentioned, necessary for your highness, your heirs or successors, and your and their people and subjects, upon the due examinations of the causes and qualities of the persons procuring such dispensations, licences, compositions, faculties, grants, rescripts, delegacies, instruments, or other writings, shall be granted, had, and obtained, from time to time, within this your realm, and other your dominions, and not elsewhere, in manner and form following, and none otherwise; that is to say:
The Archbishop of Canterbury for the time being, and his successors, shall have the power and authority, from time to time, by their discretions, to give, grant, and dispose, by an instrument under the seal of the said archbishop, unto you majesty, and to your heirs and successors, kings of this realm, as well all manner such licences, dispensations, compositions, faculties, grants, rescripts, delegacies, instruments, and all other writings, for causes not being contrary or repugnant to the Holy Scriptures and laws of God, as heretofore has been used and accustomed to be had and obtained by your highness, or any your most noble progenitors, or any of your or their subjects, at the see of Rome, or any person or persons by authority of the same; and all other licences, dispensations, faculties, compositions, grants, rescripts, delegacies, instruments, and other writings, in, for, and upon all such causes and matters as shall be convenient and necessary to be had, for the honour and surety of your highness, your heirs and successors, and the wealth and profit of this your realm; so that the said archbishop, or any of his successors, in no manner wise shall grant any dispensation, licence, rescript, or any other writing afore rehearsed, for any cause or matter repugnant to the law of Almighty God.
Be it also enacted by authority aforesaid, that the said archbishop and his successors, after good and due examination, by them had, of the causes and qualities of the persons procuring for licences, dispensations, compositions, faculties, delegacies, rescripts, instruments, or other writings, shall have full power and authority by themselves, or by their sufficient and substantial commissary or deputy, by their discretions, from time to time, to grant and dispose, by an instrument under the name and seal of the said archbishop, as well to any of your subjects, as to the subjects of your heirs and successors, all manner licences, dispensations, faculties, compositions, delegacies, rescripts, instruments, or other writings, for any such cause or matter, whereof heretofore such licences, dispensations, compositions, faculties, delegacies, rescripts, instruments, or writings, have been accustomed to be had at the see of Rome, or by authority thereof, or of any prelate of this realm.
And that the said archbishop and his commissary shall not grant any other licence, dispensation, composition, faculty, writing, or instrument, in causes unwont and not accustomed to be had or obtained at the Court of Rome, nor by any authority thereof, nor by any prelate of this realm, until your grace, your heirs or successors, or your or their council shall first be advertised thereof, and determine whether such licences, dispensations, compositions, faculties, or other writings, in such causes unwont and not accustomed to be dispensed withal or obtained, shall commonly pass as other dispensations, faculties, or other writings, shall, or no, upon pain that the grantors of every such licence, dispensation, or writing, in such causes unwont, contrary to this Act, shall make fine at the will and pleasure of your grace, your heirs and successors; and if it be thought and determined by your grace, your heirs or successors, or your or their council, that dispensations, faculties, licences, or other writings, in any such cause unwont, shall pass, then the said archbishop or his commissary, having licence of your highness, your heirs or successors for the same, by your or their bill assigned, shall dispense with them accordingly.
Provided always, that no manner of dispensations, licences, faculties, or other rescripts or writings hereafter to be granted to any person or persons, by virtue or authority of this Act, by the said archbishop or his commissary being of such importance, that the tax of the expedition thereof at Rome extended to the sum of 4l. or above, shall in any wise be put in execution, till the same licence, dispensation, faculty, rescript, or other writing, of what name or nature soever it be of, be first confirmed by your highness, your heirs or successors, kings of this realm, under the great seal, and enrolled in your chancery in a roll, by a clerk to be appointed for the same; and that this Act shall be a sufficient warrant to the Chancellor of England for the time being, or to him whom your grace, your heirs or successors, shall depute to be keeper of the great seal, to confirm in your name, your heirs or successors, the aforesaid writings, passed under the said archbishop's seal, by letters patent, in due form thereof to be made under your great seal, remitting as well the said writing under the archbishop's seal, as the said confirmation under the great seal, to the parties from time to time procuring for the same:
And that all such licences, dispensations, faculties, and other rescripts and writings, for the expedition of the which the said taxes to be paid at Rome were under 4l., which be matters of no great importance, shall pass only by the archbishop’s seal, and shall not of any necessity be confirmed by the great seal, unless the procurers of such licence, faculty, or dispensation desire to have them so confirmed; in which case they shall pay for the said great seal, to the use of your highness, your heirs and successors, 5s. sterling, and not above, over and besides such tax as shall be hereafter limited for the making, writing, registering, confirming, and enrolling of such licences, confirmations, and writings under the said tax of 4l.
And that every such licence, dispensation, composition, faculty, rescript, and writing, of what name or nature soever it be, for such causes as the tax was wont to be 4l. or above, so granted by the archbishop by virtue and authority of this Act, whereunto the great seal is not limited of necessity to be put to, by reason that the tax of them is under 4l. shall be accepted, approved, allowed, and admitted good and effectual in the law, in all places, courts, and jurisdictions, as well spiritual as temporal, within this realm, and elsewhere within your dominions, and as beneficial to the persons obtaining the same, as they should have been if they had been obtained, with all things requisite, of the see of Rome, or of any other person by authority thereof, without any revocation or repeal hereafter to be had of any such licences, dispensations, faculties, rescripts, or writings, of what nature soever they be.
And that all children procreated after solemnization of any marriages to be had or done by virtue of such licences or dispensations, shall be admitted, reputed, and taken legitimate in all courts, as well spiritual as temporal, and in all other places, and inherit the inheritance of their parents and ancestors within this your realm, and all other your dominions, according to the laws and customs of the same; and all acts to be done, had, or executed according to the tenor of such licences, dispensations, faculties, writings, or other instruments, to be made or granted by authority of this Act, shall be firm, permanent, and remain in force; and foreign laws, constitutions, decrees, canons, decretals, inhibitions, use, custom, prescription, or any other thing had, or hereafter to be made to the contrary notwithstanding.
And be it further enacted, that the said archbishop and his successors shall have power and authority to ordain, make, and constitute a clerk, which shall write and register every such licence, dispensation, faculty, writing, or other instrument to be granted by the said archbishop and shall find parchment, wax, and silken laces convenient for the same, and shall take for his pains such sums of money as shall be hereafter in this present Act to him limited in that behalf for the same; and that likewise your grace, your heirs and successors, shall by your letters patent, under your great seal, ordain, depute, and constitute one sufficient clerk, being learned in the course of the chancery, which shall always be attendant upon the lord chancellor, or the lord keeper of the great seal, for the time being, and shall make, write, and enrol the confirmations of all such licences, dispensations, instruments, and other writings as shall be thither brought under the archbishop's seal, there to be confirmed and enrolled; and shall also entitle in his books, and enrol of record, such other writings as shall thither be brought under the archbishop's seal, not to be confirmed, taking for his pains such reasonable sums of money as hereafter by this Act to him shall be limited for the same; and that as well the said clerk appointed by the said archbishop, as the said clerk to be appointed by your highness, your heirs or successors, shall subscribe their names to every such licence, dispensation, faculty, or other writing that shall come to their hands to be written, made, granted, scaled, confirmed, registered, and enrolled by authority of this Act, in form as is before rehearsed.
And forasmuch as the charges of obtaining the said licences, dispensations, faculties, and other rescripts or writings aforenamed, at the Court of Rome, by the losses and exchanges, and in conducting of couriers, and waging solicitors to sue for any such licences, dispensations, faculties, instruments, and other rescripts or writings, have been grievous and excessive to your people, and many times greater sums have been demanded for the speedy expedition in the Court of Rome, than be expressed in the old tax limited to be paid for the said expeditions, whereby your people have been brought to an uncertainty upon the payment for expeditions of such things, and by reason thereof have been constrained to pay more than they were wont to do, to the great impoverishing of this realm, as is aforesaid: and sometimes the speeding of such dispensations, faculties, licences, and other writings at Rome has been so long deferred, that the parties labouring for the same have suffered great incommodities and loss for jack of quick speed, which hereafter may be had within this your realm, to the great commodity of your people, whereby the charges of making exchanges, conducting of couriers, and solicitors, for the said dispensations, shall be abated, and your people so much relieved and eased; to the intent that all ambiguity, and uncertainty of payments for dispensations, faculties, licences, and other rescripts and writings, may be taken away, that no fraud or exaction shall be exercised upon your people, by such officers as shall be appointed by this Act, to take pains in speeding such dispensations, faculties, and licences, but that your people may be sure and certain what they be appointed to pay for the same:
Be it enacted by this present Parliament, and by the authority of the same, that there shall be two books drawn and made of one tenor, in which shall be contained the taxes of all customable dispensations, faculties, licences, and other writings wont to be sped at Rome, which books, and every leaf of those books, and both sides of every leaf, shall be subscribed by the Archbishop of Canterbury, the Lord Chancellor of England, the Lord Treasurer of England, and the two chief justices of both benches for the time being; to the which books all suitors for dispensations, faculties, licences, and other writings afore rehearsed, shall have recourse if they require it; and one of the said books shall remain in the hands of him which shall be appointed to be registrar and scribe of the said dispensations, faculties, and licences, under the said Archbishop of Canterbury, in form as is beforesaid; and the other book shall remain with the clerk of the chancery, which by your grace, your heirs or successors, shall be appointed, as is before rehearsed; which clerk of the chancery shall also entitle, and note particularly and daily, in his book ordained for that purpose, the number and quality of the dispensations, faculties, licences, and other rescripts and writings, which shall be sealed only with the seal of the said archbishop, and also which shall be sealed with the said seal, and confirmed with the great seal, in form as is before said, that all fraud and concealment in this behalf may be avoided.
And be it enacted by this present Parliament, and by the authority of the same, that no man suing for dispensations, faculties, licences, or other rescripts or writings, which were wont to be sped at Rome, shall pay any more for their dispensations, licences, or rescripts, than shall be contained, taxed, and limited in the said duplicate books of taxes, only compositions excepted, of which, being arbitrary, no tax can be made, wherefore the tax thereof shall be set and limited by the discretion of the said Archbishop of Canterbury, and the Lord Chancellor of England, or the lord keeper of the great seal for the time being;
And that such as shall exact or receive of any suitor more for any dispensation, faculty, or licence, than shall be contained in the said books of taxes, shall forfeit ten times so much as he shall so extortionately exact and receive; the one half of the which forfeiture to be to the use of your grace, your heirs or successors, and the other half thereof to be to such of your subjects as will sue for the same by action, bill, or plaint in any of your grace's courts, wherein the defendant shall have none essoin nor protection allowed, neither shall be admitted to wage his law.
Be it also enacted by this Parliament, and authority of the same, that the tax or sum appointed to be paid for every such dispensation, licence, faculty, instrument, rescript or other writing to be granted by authority of this Act, shall be employed and ordered , as hereafter ensues; that is to say: if the tax extend to 4l. or above, by reason whereof the dispensation, licence, faculty, rescript or writing, which shall pass by the said archbishop's seal, must be confirmed by the appension of the great seal, then the said tax so extending to 4l. or above, shall be divided into three parts, whereof two shall be perceived by the said clerk of the chancery, to be appointed as is aforesaid, to the use of your highness, your heirs and successors, and to the use of the lord chancellor, or the keeper of the great seal for the time being, and to the use of the said clerk, in such wise as hereafter shall be declared; and that the third part shall be taken by the said clerk of the archbishop, to the use of the same archbishop and his commissary, and his said clerk and registrar, in such wise as hereafter shall be ordained and limited by this Act; that is to say, the said two parts shall be divided in four parts, of which three parts shall be taken to the only use of your highness, your heirs and successors, and the fourth part shall be divided in three parts, whereof the Chancellor of England, or lord keeper of the great seal for the time being, shall have two parts and the said clerk of the chancery the third part for his pains, travel, and labours that he is limited to write and do by virtue of this Act; and the said third part of the whole tax appointed to the said archbishop, and his officers, as is aforesaid, shall be divided into three parts, whereof the archbishop shall have to his use two parts, and his officers shall have the third part thereof; of which third part to be divided into two parts, the said clerk or registrar, which shall find parchment, wax, and silk, and shall devise and write the said dispensations, licences, faculties, rescripts, or other writings, and register the same, shall have for his said labour, and for receiving and repaying of the sums of money that shall come to his hands for dispensations, faculties, licences, and other rescripts aforesaid, the one moiety thereof, and the commissary of the said archbishop appointed to seal the said dispensations, faculties, licences, and other rescripts, shall have the other part.
And if the tax be under 4l. and not under 40s., then the said tax shall be divided into three parts, as is aforesaid, whereof the king's highness, his heirs and successors, shall have two parts thereof, abating 3s. 4d., which shall be to the said clerk of the chancery for subscribing, entitling, and enrolling the said dispensations, licences, faculties, rescripts, and other writings aforesaid, and receiving of the king's money so taxed; and the archbishop and his officers shall have the third part, which third part shall be divided into two parts, whereof the archbishop shall have the one entirely to himself, his scribe and commissary shall have the other part thereof, equally to be divided amongst them for their costs and pains in that behalf.
And if the tax be under 40s. and not under 26s. 8d., the same tax shall he divided into two parts, whereof the one part shall be to your grace, your heirs and successors, deducting thereof 2s. for the clerk of the chancery for his pains, as is aforesaid; and the other part shall be to the said archbishop and his officers, which other part shall be divided into two parts, whereof the archbishop shall have the one, and the commissary and scribe shall have the other, equally divided amongst them.
And if the tax be under 26s. 8d., and not under 20s., the same shall be divided into two parts, whereof your grace, your heirs and successors, shall have the one part entirely, abating 2s. thereof to the said clerk of the chancery; and the archbishop and his officers shall have the other part, and the same other part shall be divided into three parts, whereof the archbishop shall have one, his commissary the second, and his scribe or registrar the third; and in case the tax be under 20s. the same shall be perceived to the use of the said commissary, clerk of the said archbishop, and clerk of the chancery, to be equally divided amongst them for their pains and labours by them to be sustained, by authority of this Act, as aforesaid.
Provided always, that this Act shall not be prejudicial to the Archbishop of York, or to any bishop or prelate of this realm; but that they may lawfully, notwithstanding this Act, dispense in all cases in which they were wont to dispense by the common law or custom of this realm afore the making of this Act.
Provided also, and be it enacted by the authority aforesaid, that if it happen the see of the archbishopric of Canterbury to be void, that then all such manner of licences, dispensations, faculties, instruments, rescripts, and other writings, which may he granted by virtue and authority of this Act, shall, during the vacation of the same see, be had, done, and granted under the name and seal of the guardian of the spiritualties of the said archbishopric for the time being, according to the tenor and form of this Act, and shall be of like force, value, and effect, as if they had been granted under the name and seal of the archbishop for the time being.
And be it further enacted, that if the aforesaid Archbishop of Canterbury for the time being, or the said guardian of the spiritualties for the time being, hereafter refuse or deny to grant any licences, dispensations, faculties, instruments, or other writings, which they be authorized to do by virtue and authority of this Act, in such manner and form as is afore remembered, to any person or persons that ought, of a good, just, and reasonable cause, to have the same, by reason whereof this present Act, by their wilfulness, negligence, or default, should take no effect; then the Chancellor of England, or the lord keeper of the great seal, for the time being, upon any complaint thereof made, shall direct the king's writ to the said archbishop or guardian denying or refusing to grant such licences, dispensations, faculties, or other writings, enjoining him by the said writ, upon a certain pain therein to be limited by the discretion of the said chancellor or keeper of the great seal, that he shall in due form grant such licence, dispensation, faculty, or other writing, according to the request of the procurers of the same, or else signify unto your highness, your heirs or successors, in the Court of Chancery, at a certain day, for what occasion or cause he refused and denied to grant such licences, faculties, or dispensations.
And if it shall appear to the said chancellor or lord keeper of the great seal, upon such certificate, that the cause of refusal or denial of granting such licences, faculty, or dispensation was reasonable, just, and good, that then [it] so being proved by due search and examination of the said chancellor or lord keeper of the great seal, to be admitted and allowed.
And if it shall appear upon the said certificate, that the said archbishop or guardian of the spiritualties for the time being, of wilfulness in contemning the due execution of this Act, without a just and reasonable cause, refused or denied to grant such licence, faculty, or dispensation, that then your highness, your heirs or successors, being thereof informed, after due examination had, that such licences, faculties, or dispensations may be granted without offending the Holy Scriptures and laws of God, shall have power and authority in every such case, for the default, negligence, and wilfulness of the said archbishop or guardian, to send your writ of injunction under your great seal, out of your said Court of Chancery, commanding the archbishop or guardian that so shall deny or refuse to grant such licence, faculty, or dispensation, to make sufficient grant thereof, according to the tenor and effect of this Act, by a certain day, and under a certain pain in the said writ to be contained, and to be limited by your highness, your heirs or successors, kings of this realm.
And if the said archbishop or guardian, after the receipt of the said writ, refuse or deny to grant such licences, faculties, or dispensations, as shall be enjoined him by virtue of the said writ, and show and prove before your majesty, your heirs or successors, no just or reasonable cause why he should do so; then the said archbishop or guardian that so shall refuse to put this Act in execution according to the said writ of injunction, shall suffer, lose, and forfeit to your highness, your heirs and successors, such pain and penalty as shall be limited and expressed in the said writ of injunction.
And over that, it shall be lawful to your highness, your heirs and successors, for every such default and willfulness of the said archbishop or guardian for the time being, to give power and authority, by commission under your great seal, to such two spiritual prelates or persons to be named by your highness, your heirs or successors, as will do and grant such licences, faculties, and dispensations, refused or denied to be granted by the said archbishop or guardian in contempt of this Act.
And be it further enacted by authority aforesaid, that the said two spiritual prelates or persons, to whom in such cases any such commission shall be directed, shall have power and authority to grant every such licence, faculty, dispensation, instrument, and other writings, so refused to be granted by the said archbishop or guardian for the time being, by an instrument under their seals, talking like fees and charges for the same as is before rehearsed, and not above, under the pains afore remembered. And that every such licence, faculty, and dispensation so granted for any cases or matters, whereunto any confirmation under the king's great seal is appointed by this Act, to be had in manner and form above declared, shall be had and obtained accordingly. And such licences and confirmations shall be had for like fees and charges as they are above specified, and not above, under the pains above mentioned. And that every such licence, faculty, dispensation, and other writing, to be granted by the said prelates or persons to be assigned by the king's highness, his heirs and successors, as is aforesaid, shall be of as good value, strength and effect, and as beneficial and profitable to the persons procuring the same, as if they had been made, granted, and obtained under the name and seal of the said archbishop.
Provided always, that this Act, nor any thing or things therein contained, shall be hereafter interpreted or expounded, that your grace, your nobles and subjects, intend, by the same, to decline or vary from the congregation of Christ's Church in any things concerning the very articles of the Catholic faith of Christendom, or in any other things declared, by Holy Scripture and the word of God, necessary for your and their salvations, but only to make an ordinance by policies necessary and convenient to repress vice, and for good conservation of this realm in peace, unity, and tranquillity, from ravin and spoil, ensuing much the old ancient customs of this realm in that behalf; not minding to seek for any relief, succours, or remedies for any worldly things and human laws, in any cause of necessity, but, within this realm, at the hands of your highness, your heirs and successors, kings of this realm, which have and ought to have all imperial power and authority in the same, and not obliged, ill any worldly causes, to any other superior.
Provided alway, that the said Archbishop of Canterbury, or any other person or persons, shall have no power or authority by reason of this Act, to visit or vex any monasteries, abbeys, priories, colleges, hospitals, houses or other places religious, which be or were exempt, before the making of this Act, anything in this Act to the contrary thereof notwithstanding; but that redress, visitation, and confirmation shall be had by the king’s highness, his heirs and successors by commission under the great seal, to be directed to such persons as shall be appointed requisite for the same, in such monasteries, colleges, hospitals, priories, houses, and places religious exempt; so that no visitation nor confirmation shall from thenceforth be had nor made, in or at any such monasteries, colleges, hospitals, priories, houses, and places religious exempt, by the said Bishop of Rome, nor by any of his authority, nor by any out of the king’s dominions; nor that any person, religious or other, resident in any the king’s dominions, shall from henceforth depart out of the king’s dominions to or for any visitation, congregation, or assembly for religion, but that all such visitations, congregations, and assemblies shall be within the king’s dominions.
Provided also, that this present Act, or anything therein contained, or any licence or dispensation hereafter to be made by virtue and authority thereof, shall not extend to the repeal or derogation of the late Act, made since the beginning of the present Parliament, for reformation of pluralities of benefices, and for non-residences of spiritual persons upon their dignities or benefices, nor to anything contained or mentioned in the said Act; nor that his Act, nor anything to be done by authority thereof, shall not be taken, expounded, or interpreted to give licence to any person or persons to have any more number of benefices than is limited in the said Act; and that the same Act for pluralities and non-residences of benefices, and everything therein contained, shall stand good and effectual in all intents, according to the true meaning thereof; anything in this present Act, or any licence or dispensation to be had by authority thereof, in any wise notwithstanding.
And be it further enacted by authority aforesaid, that if any person or persons, subject or resident within this realm, or within any of the king's dominions, at any time hereafter sue to the court of Rome, or the see of Rome, or to any person claiming to have his authority by the same, for any licence, faculty, dispensation, or other thing or things contrary to this Act, or put in execution any licence, faculty or dispensation, or any other thing or things hereafter to be obtained from Rome, or the see of Rome, or from any claiming authority by the same, for any of the causes abovementioned in this Act, or for any other causes that may be granted by authority of this Act, or attempt or do any thing or things contrary to this Act, or maintain, allow, admit, or obey any manner of censures, excommunications, interdictions, or any other process from Rome, of what name or nature soever it be, to the derogation or let of the execution of this Act, or of any thing or things to be done by reason of the said Act; that then every such person or persons so doing, offending, and being thereof convicted, their aiders, counsellors, and abettors, shall incur and run into the pain, loss, and penalty comprised and specified in the said Act of Provision and Praemunire, made in the sixteenth year of your most noble progenitor, King Richard II, against such as sue to the court of Rome, against your crown and dignity royal.
Provided alway, that this Act, or anything therein contained, shall not hereafter be taken nor expounded to the derogation or taking away of any grants, or confirmations of any liberties, privileges, or jurisdiction of any monasteries, abbeys, priories, or other houses or places exempt, which heretofore the making of this Act have been obtained at the see of Rome, or by the authority thereof; but that every such grant and confirmation shall be of the same value, force, and effect as they were before the making of this Act, and as if this Act had never been made.
Provided always, that the abbots, priors, and other chief rulers and governors of such monasteries, abbeys, priories, and other houses and places exempt, shall not hereafter pay any pension, portion, or other cense to the see of Rome; nor admit or accept any visitation, nor any confirmation from or by the said see of Rome, or by authority thereof, of or for any person to be elected, named, or presented to be heads of any such monasteries, abbeys, priories, places, or houses exempt, nor shall make any corporal oath to the Bishop of Rome otherwise called the pope, upon the pains limited in this Act but that every such visitation, and confirmation of such heads elect-in any such monasteries, abbeys, priories, houses, or places exempt, where after their election they were bounden to have and obtain any confirmation of their election, or of the person named, presented, or elected-shall be from henceforth had, made, and done within this realm, at and within every such abbeys, monasteries, priories, and other houses and places exempt, by such person and persons as shall be appointed, by authority of the king's commission, from time to time, as the case shall require, and not by the see of Rome, nor by authority thereof; anything in this next proviso above specified to the contrary thereof notwithstanding.
Provided always, that in such monasteries, abbeys, priories, and houses exempt, where after election, presentation, or nomination of their heads, no such confirmation is requisite to be had nor their heads, no such confirmation is requisite to be had, nor has been used to be taken by reason of such privileges as they have concerning the same, that in every such monasteries, abbeys, priories, and places exempt, they shall not be bounden to obtain, have or take any confirmation for the same within this realm, by authority of this Act, but use their privileges therein as they have done before the making of this Act; anything in this Act, or any the provisions next above rehearsed, to the contrary thereof notwithstanding.
Provided also, and be it enacted, that this Act, or any thing or things, word or words therein, or in the preamble thereof mentioned or contained, is not intended or meant, nor shall be expounded nor interpreted, that any dispensations, licences, or confirmations for marriages, granted to any the king’s subjects born under his obeisance, at any time before the twelfth day of March in the year of our Lord God 1533, shall be appaired, or of any less value, strength, force or effect, than they were at the said twelfth day of March; nor that this Act, or anything therein contained, shall not extend to the derogation, appairing, or annulling of any licences, dispensations, confirmations, faculties, or indulgences, at any time before the said twelfth day of March in the year of our Lord God, 1533, had or obtained at the see of Rome, or by authority thereof, to or for any subjects born in this realm, or in any the king's dominions, or to or for the hospital of the Prior of St. John of Jerusalem in England, or any commandries or members thereof, or to or for any other cathedral churches, hospitals, monasteries, abbeys, priories, colleges, conventual churches, parochial churches, chapels, fraternities, brotherhoods, or bodies politic within this realm, or in any other the king's dominions; but that every such licence, dispensation, confirmation, faculty, and indulgence granted before the said twelfth day of March to any such subject, or to the said hospital of the Prior of St. John of Jerusalem in England, commandries or members thereof, or to any other cathedral church, hospital, monastery, abbey, priory, college, church conventual, parochial church, chapel, fraternity, brotherhood, or body politic, or to their predecessors or ancestors within this realm, or in any other the king's dominions, shall be of the same force, strength, value and effect, and may be from time to time put in execution at all times hereafter, by and to them that will use and have the same, as they might have been before the making of this Act, and as if this Act had never been had nor made; anything in the said Act to the contrary hereof notwithstanding.
Provided always, that such licences, dispensations, confirmations, or faculties heretofore obtained at the see of Rome, or by authority thereof, contrary to the express provisions of the laws and statutes of this realm heretofore made, shall not at any time hereafter be used or put in execution in any case, to the derogation, or contrary to the said laws and statutes of this realm, and the provisions of the same; anything in this proviso to the contrary thereof notwithstanding.
And be it enacted by authority of this present Parliament, that the king our sovereign lord, by the advice of his honourable council, shall have power and authority from time to time, for the ordering, redress, and reformation of all manner of indulgences and privileges thereof within this realm, or within any the king's dominions, heretofore obtained at the see of Rome, or by authority thereof, and of the abuses of such indulgences and privileges thereof, as shall seem good, wholesome, and reasonable for the honour of God and weal of his people; and that such order and redress as shall be taken by his highness in that behalf, shall be observed and firmly kept upon the pains limited in this Act for the offending of the contents of the same.
Provided alway, and be it enacted by authority of this present Parliament that this present Act or any thing or things therein contained, shall not begin to take effect nor be put in execution till the feast of the Nativity of St. John Baptist next coming, except the king's majesty, on this side the said feast, by his letters patent under his great seal, to be enrolled in the Parliament roll of this present Parliament, do declare and express, that it is his pleasure that it shall begin and take effect at any time afore the said feast; and if his highness happen so to do, that then, immediately after such declaration of his pleasure by his said letters patent in form aforesaid, this said Act shall begin and he put in execution afore the said feast, according to his said pleasure so to be declared by his said letters patent; anything in this proviso to the contrary hereof notwithstanding.
And be it further enacted by authority aforesaid, that the king's majesty at all times on this side the said feast shall have full power and authority, by his letters patent under his great seal, to be enrolled in the Parliament roll of this present Parliament, to abrogate, annul, and utterly repeal and make void this Act and every thing and things therein contained, or else as much and such part thereof as shall be declared and limited on this side the said feast by his said letters patent to be void and repealed; and that all such repeal and annulling so to be made in form aforesaid by his highness on this side the said feast, shall be as good and effectual as though it had been done and had by authority of Parliament; any thing or things contained in this present Act to the contrary hereof notwithstanding; and if no such repeal be had or made by the king's majesty on this side the said feast, in form as is afore rehearsed, that then the said Act, or as much and such thereof as shall not be repealed on this side the said feast, shall immediately after the said feast stand firm, good, and effectual, and from thenceforth be put in due execution according to the tenor thereof; anything in this Act or in any the provisions aforesaid to the contrary hereof notwithstanding.
THE FIRST ACT OF SUCCESSION, A.D. 1534.
25 HENRY VIII, CAP. 22.
This Act was the last of the series . . . of ecclesiastical enactments passed in the spring of 1534. No form of the oath herein mentioned was prescribed; but letters patent were issued containing a form and appointing a commission.
[Transcr. Statutes of the Realm. iii. 471.]
In their most humble wise shown unto your majesty your most humble and obedient subjects, the lords spiritual and temporal and the Commons in this present Parliament assembled, that since it is the natural inclination of every man, gladly and willingly to provide for the surety of both his title and succession, although it touch only his private cause; we therefore; most rightful and dreadful sovereign lord, reckon ourselves much more bound to beseech and instant your highness (although we doubt not of your princely heart and wisdom, mixed with a natural affection to the same) to foresee and provide for the perfect surety of both you, and of your most lawful succession and heirs, upon which dependeth all our joy and wealth, in whom also is united and knit the only mere true inheritance and title of this realm, without any contradiction;
Wherefore we your said most humble and obedient subjects, in this present Parliament assembled, calling to our remembrance the great divisions which in times past have been in this realm, by reason of several titles pretended to the imperial crown of the same, which sometimes, and for the most part ensued, by occasion of ambiguity and doubts, then not so perfectly declared, but that men might, upon forward intents, expound them to every man’s sinister appetite and affection, after their sense, contrary to the right legality of the succession and posterity of the lawful kings and emperors of this realm; whereof hath ensued great effusion and destruction of man's blood, as well of a great number of the nobles, as of other the subjects, and especially inheritors in the same; and the greatest occasion thereof hath been because no perfect and substantial provision by law hath been made within this realm of itself, when doubts and questions have been moved and proponed, of the certainty and legality of the succession and posterity of the crown; by reason whereof the Bishop of Rome, and see apostolic, contrary to the great and inviolable grants of jurisdictions given by God immediately to emperors, kings and princes, in succession to their heirs, has presumed, in times past, to invest who should please them, to inherit in other men's kingdoms and dominions, which thing we, your most humble subjects, both spiritual and temporal, do most abhor and detest; and sometimes other foreign princes and potentates of sundry degrees, minding rather dissension and discord to continue in the realm, to the utter desolation thereof, than charity, equity, or unity, have many times supported wrong titles, whereby they might the more easily and facilely aspire to the superiority of the same; the continuance and sufferance whereof deeply considered and pondered, were too dangerous and perilous to be suffered any longer within this realm, and too much contrary to the unity, peace, and tranquillity of the same, being greatly reproachable and dishonourable to the whole realm:
In consideration whereof, your said most humble and obedient subjects, the nobles and Commons of this realm, calling further to their remembrance that the good unity, peace and wealth of this realm, and the succession of the subjects of the same, most especially and principally above all worldly things consists and rests in the certainty and surety of the procreation and posterity of your highness, in whose most royal person, at this present time, is no manner of doubt nor question; do therefore most humbly beseech your highness, that it may please your majesty, that it may be enacted by your highness, with the assent of the lords spiritual and temporal, and the Commons, in this present Parliament assembled, and by the authority of the same, that the marriage heretofore solemnized between your highness and the Lady Katherine, being before lawful wife to Prince Arthur, your elder brother, which by him was carnally known, as does duly appear by sufficient proof in a lawful process had and made before Thomas, by the sufferance of God, now archbishop of Canterbury and metropolitan and primate of all this realm, shall be, by authority of this present Parliament, definitively, clearly, and absolutely declared, deemed, and adjudged to be against the laws of Almighty God, and also accepted, reputed, and taken of no value nor effect, but utterly void and annulled, and the separation thereof, made by the said archbishop, shall be good and effectual to all intents and purposes; any licence, dispensation, or any other act or acts going afore, or ensuing the same, or to the contrary thereof, in any wise notwithstanding; and that every such licence, dispensation, act or acts, thing or things heretofore had, made, done, or to be done to the contrary thereof, shall be void and of none effect ; and that the said Lady Katherine shall be from henceforth called and reputed only dowager to Prince Arthur, and not queen of this realm; and that the lawful matrimony had and solemnized between your highness and your most dear and entirely beloved wife Queen Anne, shall be established, and taken for undoubtful, true, sincere, and perfect ever hereafter, according to the just judgment of the said Thomas, archbishop of Canterbury, metropolitan and primate of all this realm, whose grounds of judgment have been confirmed, as well by the whole clergy of this realm in both the Convocations, and by both the universities thereof, as by the universities of Bologna, Padua, Paris, Orleans, Toulouse, Anjou, and divers others, and also by the private writings of many right excellent well-learned men; which grounds so confirmed, and judgment of the said archbishop ensuing the same, together with your marriage solemnized between your highness and your said lawful wife Queen Anne, we your said subjects, both spiritual and temporal, do purely, plainly, constantly, and firmly accept, approve, and ratify for good and consonant to the laws of Almighty God, without error or default, most humbly beseeching your majesty, that it may be so established for ever by your most gracious and royal assent.
And furthermore, since many inconveniences have fallen, as well within this realm as in others, by reason of marrying within degrees of marriage prohibited by God's laws, that is to say, the son to marry the mother, or the stepmother, the brother the sister, the father his son's daughter, or his daughter's daughter, or the son to marry the daughter of his father procreate and born by his stepmother, or the son to marry his aunt, being his father's or mother's sister, or to marry his uncle's wife, or the father to marry his son's wife, or the brother to marry his brother's wife, or any man to marry his wife's daughter, or his wife's son's daughter, or his wife's daughter's daughter, or his wife's sister; which marriages, although they be plainly prohibited and detested by the laws of God, yet nevertheless at some times they have proceeded under colours of dispensations by man's power, which is but usurped, and of right ought not to be granted, admitted, nor allowed; for no man, of what estate, degree, or condition soever he be, has power to dispense with God's laws, as all the clergy of this realm in the said Convocations, and the most part of all the famous universities of Christendom, and we also, do affirm and think.
Be it therefore enacted by authority aforesaid, that no person or persons, subjects or residents of this realm, or in any your dominions, of what estate, degree, or dignity soever they be, shall from henceforth marry within the said degrees afore rehearsed, what pretence soever shall be made to the contrary thereof.
And in case any person or persons, of what estate, dignity, degree, or condition soever they be, has been heretofore married within this realm, or in any the king’s dominions, within any the degrees above expressed, and by any the archbishops, bishops, or ministers of the Church of England, be separated from the bonds of such unlawful marriage, that every such separation shall be good, lawful, firm, and permanent for ever, and not by any power, authority, or means to be revoked or undone hereafter, and that the children proceeding and procreated under such unlawful marriage, shall not be lawful nor legitimate; any foreign laws, licences, dispensations, or other thing or things to the contrary thereof notwithstanding.
And in case there be any person or persons within this realm, or in any the king's dominions, already married within any the said degrees above specified, and not yet separated from the bonds of such unlawful marriage, that then every such person so unlawfully married shall be separate by the definitive sentence and judgments of the archbishops, bishops, and other ministers of the Church of England, and in other your dominions, within the limits of their jurisdictions and authorities, and by none other power or authority; and that all sentences and judgments given and to be given by any archbishop, bishop, or other minister of the Church of England, or in other the king's dominions, within the limits of their jurisdictions and authorities, shall be definitive, firm, good, and effectual, to all intents, and be observed and obeyed, without suing any provocations, appeals, prohibitions, or other process from the Court of Rome, to the derogation thereof, or contrary to the Act made since the beginning of this present Parliament, for restraint of such provocations, appeals, prohibitions, and other processes.
And also be it enacted by authority aforesaid, that all the issue had and procreated, or hereafter to be had and procreated, between your highness and your said most dear and entirely beloved wife Queen Anne, shall be your lawful children, and be inheritable, and inherit, according to the course of inheritance and laws of this realm, the imperial crown of the same, with all dignities, honours, pre-eminences, prerogatives, authorities, and jurisdictions to the same annexed or belonging, in as large and ample manner as your highness at this present time has the same as king of this realm; the inheritance thereof to be and remain to your said children and right heirs in manner and form as hereafter shall be declared, that is to say:
First the said imperial crown, and other the premises, shall be to your majesty, and to your heirs of your body lawfully begotten, that is to say: to the first son of your body, between your highness and your said lawful wife, Queen Anne, begotten, and to the heirs of the body of the same first son lawfully begotten, and for default of such heirs, then to the second son of your body and of the body of the said Queen Anne begotten, and to the heirs of the body of the said second son lawfully begotten, and so to every son of your body and of the body of the said Queen Anne begotten, and to the heirs of the body of every such son begotten, according to the course of inheritance in that behalf; and if it shall happen your said dear and entirely beloved wife Queen Anne to decease without issue male of the body of your highness to be begotten (which God defend), then the same imperial crown, and all other the premises, to be to your majesty, as is aforesaid, and to the son and heir male of your body lawfully begotten, and to the heirs of the body of the same son and heir male lawfully begotten; and for default of such issue, then to your second son of your body lawfully begotten, and to the heirs of the body of the same second son lawfully begotten, and so from son and heir male to son and heir male, and to the heirs of the several bodies of every such son and heir male to be begotten, according to the course of inheritance, in like manner and form as is above said.
And for default of such sons of your body begotten, and of heirs of the several bodies of every such sons lawfully begotten, that then the said imperial crown, and other the premises, shall be to the issue female between your majesty and your said most dear and entirely beloved wife, Queen Anne, begotten, that is to say: first to the eldest issue female, which is the Lady Elizabeth, now princess, and to the heirs of her body lawfully begotten, and for default of such issue, then to the second issue female, and to the heirs of her body lawfully begotten, and so from issue female to issue female, and to the heirs of their bodies one after another, by course of inheritance, according to their ages, as the crown of England has been accustomed, and ought to go, in cases where there be heirs females to the same; and for default of such issue, then the said imperial crown, and all other the premises, shall be in the right heirs of your highness for ever.
And be it further enacted by authority aforesaid, that on this side the first day of May next coming, proclamation shall be made in all shires within this realm, of the tenor and contents of this Act.
And if any person or persons, of what estate, dignity, or condition soever they be, subject or resident within this realm, or elsewhere within any the king's dominions, after the said first day of May, by writing or imprinting, or by any exterior act or deed, maliciously procure or do, or cause to be procured or done, any thing or things to the peril of your most royal person, or maliciously give occasion by writing, print, deed, or act, whereby your highness might be disturbed or interrupted of the crown of this realm, or by writing, print, deed, or act, procure or do, or cause to be procured or done, any thing or things to the prejudice, slander, disturbance, or derogation of the said lawful matrimony solemnized between your majesty and the said Queen Anne, or to the peril, slander, or disherison of any the issues and heirs of your highness, being limited by this Act to inherit and to be inheritable to the crown of this realm, in such form as is aforesaid, whereby any such issues or heirs of your highness might be destroyed, disturbed, or interrupted in body or title of inheritance to the crown of this realm, as to them is limited in this Act in form above rehearsed; that then every such person and persons, of what estate, degree, or condition they be of, subject or resident within this realm, and their aiders, counselors, maintainers, and abettors, and every of them, for every such offence shall be adjudged high traitors, and every such offence shall be adjudged high treason, and the offenders and their aiders, counsellors, maintainers, and abettors, and every of them, being lawfully convicted of such offence by presentment, verdict, confession, or process, according to the customs and laws of this realm, shall suffer pains of death, as in cases of high treason; and that also every such offender, being convicted as is aforesaid, shall lose and forfeit to your highness, and to your heirs, kings of this realm, all such manors, lands, tenements, rents, annuities, and hereditaments, which they had in possession as owners, or were sole seized of by or in any right, title, or means, or any other person or persons had to their use, of any estate of inheritance, at the day of such treasons and offences by them committed and done; and shall also lose and forfeit to your highness, and to your said heirs, as well all manner such estates of freehold and interests for years of lands and rents, as all their goods, chattels, and debts, which they had at the time of conviction or attainder of any such offence; saving always to every person and persons, and bodies politic, to their heirs, assigns, and successors, and every of them, other than such persons as shall be so convicted, and their heirs and successors, and all other claiming to their uses, all such right, title, use, interest, possession, condition, rents, fees, offices, annuities, and commons, which they or any of them shall happen to have in, to, or upon any such manors, lands, tenements, rents, annuities, or hereditaments, that shall so happen to be lost and forfeited by reason of attainder for any the treasons and offences above rehearsed, at any time before the said treasons and offences committed.
And be it further enacted by authority aforesaid, that if any person or persons, after the said first day of May, by any words, without writing, or any exterior deed or act, maliciously and obstinately shall publish, divulge, or utter any thing or things to the peril of your highness, or to the slander or prejudice of the said matrimony solemnized between your highness and the said Queen Anne, or to the slander or disherison of the issue and heirs of your body begotten and to be begotten of the said Queen Anne, or any other your lawful heirs, which shall be inheritable to the crown of this realm, as is before limited by this Act; that then every such offence shall be taken and adjudged for misprision of treason; and that every person and persons, of what estate, degree, or condition soever they be, subject or resident within this realm, or in any the king's dominions, so doing and offending, and being thereof lawfully convicted by presentment, verdict, process, or confession, shall suffer imprisonment of their bodies at the king's will, and shall lose as well all their goods, chattels, and debts, as all such interests and estates of freehold or for years, which any such offenders shall have of or in any lands, rents, or hereditaments whatsoever, at the time of conviction and attainder of such offence.
And be it also enacted by the authority aforesaid, that no person nor persons offending in any of the treasons and misprisions contained and limited by this Act, shall in any wise have or enjoy the privilege and immunity of any manner of sanctuaries within this realm, or elsewhere within any of the king's dominions, but shall utterly lose and be excluded of the same; any use, custom, grant, prescription, confirmation, or any other thing or things to the contrary thereof in any wise notwithstanding.
And be it also enacted by authority aforesaid, that if your majesty should happen to decease before any such your issue and heir male which should inherit the crown of this realm, shall be of his age of eighteen years, or before such your issue and heir female which should inherit the crown of this realm, shall be married, or be of the age of sixteen years, which Almighty God defend, that then your said issue and heir male to the crown, so being within the said age of eighteen years, or your said issue and heir female to the crown, unmarried, or within the said age of sixteen years, shall be and remain unto such time as such issues and heirs shall come to their said several ages afore limited, at and in the governance of their natural mother, she living, with such others, counsellors of your realm, as your majesty in your lifetime shall depute and assign by your will, or otherwise, for the same, without contradiction of any person or persons to the contrary thereof.
And if any person and persons by writing, or exterior deed or act, procure or do, or cause to be procured or done any thing or things to the let or disturbance of the same; that then every such offence shall be high treason, and the offenders, being thereof convicted, shall suffer such pains of death and losses of inheritance, freeholds, interests for years, goods, chattels and debts, in such manner and form as is above specified in cases of treason afore mentioned.
And for the more sure establishment of the succession of your most royal majesty, according to the tenor and form of this Act, be it further enacted by authority aforesaid, that as well all the nobles of your realm spiritual and temporal, as all other your subjects now living and being, or that hereafter shall be, at their full ages, by the commandment of your majesty or of your heirs, at all times hereafter from time to time, when it shall please your highness or your heirs to appoint, shall make a corporal oath in the presence of your highness or your heirs, or before such others as your majesty or your heirs will depute for the same, that they shall truly, firmly, and constantly, without fraud or guile, observe, fulfil, maintain, defend, and keep, to their cunning, wit, and uttermost of their powers, the whole effects and contents of this present Act. And that all manner your subjects, as well spiritual as temporal, suing livery, restitutions, or ouster le main out of the hands of your highness or of your heirs, or doing any fealty to your highness or to your heirs, by reason of tenure of their lands, shall swear a like corporal oath, that they and every of them, without fraud or guile, to their cunning, wit, and uttermost of their powers, shall truly, firmly, and constantly observe, fulfil, maintain, defend, and keep the effects and contents contained and specified in this Act, or in any part thereof; and that they, nor any of them, shall hereafter have any liveries, ouster le main, or restitution out of your hands, nor out of the hands of your heirs, till they have made the said corporal oath in form above rehearsed.
And if any person or persons, being commanded by authority of this Act to take the said oath afore limited, obstinately refuse that to do, in contempt of this Act, that then every such person so doing, to be taken and accepted for offender in misprision of high treason; and that every such refusal shall be deemed and adjudged misprision of high treason; and the offender therein to suffer such pains and imprisonment, losses and forfeitures, and also lose privileges of sanctuaries, in like manner and form as is above mentioned for the misprisions of treasons afore limited by this Act.
Provided always, that the article in this Act contained concerning prohibitions of marriages within the degrees afore mentioned in this Act, shall always be taken, interpreted, and expounded of such marriages, where marriages were solemnized and carnal knowledge was had.
THE SUPREMACY ACT, A. D. 1534.
20 HENRY VIII, CAP. 1.
This Act was passed in November, 1534; it was repealed by Mary's, second Act of repeal (post, No. LXXVI), which repeal was confirmed by, I Elizabeth, cap. I (post, No. LXXIX). It should be noted that the saving clause in the Submission of the Clergy of A.D. 1532 (ante, No. XLVIII) is dropped out of this Act.
[Transcr. Statutes of the Realm, iii. 492.]
Albeit the king's majesty justly and rightfully is and ought to be the supreme head of the Church of England, and so is recognized by the clergy of this realm in their Convocations, yet nevertheless for corroboration and confirmation thereof, and for increase of virtue in Christ's religion within this realm of England, and to repress and extirp all errors, heresies, and other enormities and abuses heretofore used in the same; be it enacted by authority of this present Parliament, that the king our sovereign lord, his heirs and successors, kings of this realm, shall be taken, accepted, and reputed the only supreme head in earth of the Church of England, called Anglicana Ecclesia; and shall have and enjoy, annexed and united to the imperial crown of this realm, as well the title and style thereof, as all honours, dignities, pre-eminences, jurisdictions, privileges, authorities, immunities, profits, and commodities to the said dignity of supreme head of the same Church belonging and appertaining; and that our said sovereign lord, his heirs and successors, kings of this realm, shall have full power and authority from time to time to visit, repress, redress, reform, order, correct, restrain, and amend all such errors, heresies, abuses, offences, contempts, and enormities, whatsoever they be, which by any manner spiritual authority or jurisdiction ought or may lawfully be reformed, repressed, ordered, redressed, Corrected, restrained, or amended, most to the pleasure of Almighty God, the increase of virtue in Christ's religion, and for the conservation of the peace, unity, and tranquillity of this realm; any usage, custom, foreign law, foreign authority, prescription, or any other thing or things to the contrary hereof notwithstanding.
THE SECOND ACT OF SUCCESSION, A.D. 1534.
26 HENRV VIII, CAP. 2.
This interpretation of the previous Act of Succession (ante, No. LIV) was passed in the following Autumn, viz. in November, 1534. It was repealed by 28 Henry VIII. cap. 7.
[Transcr. Statutes of the Realm, iii. 492]
Where at the last session or this present Parliament, in the Act then made for the establishment of the succession of the heirs of the king's highness in the imperial crown of this realm, it is contained, amongst other things, that all and singular the king's subjects, as well the nobles spiritual and temporal as other, should make and take a corporal oath, whensoever it should please the king's majesty, or his heirs, to appoint, that they should truly, firmly, and constantly, without fraud or guile, observe, fulfil, maintain, defend, and keep, to their cunning, wit, and uttermost of their powers, the whole effects and contents of the said Act, as in the same Act, among other things, more plainly appeareth.
And at the day of the last prorogation of this present Parliament, as well the nobles spiritual and temporal as other the Commons of this present Parliament then assembled in the high house of Parliament, most lovingly accepted and took such oath as then was devised in writing for maintenance and defence of the said Act, and meant and intended at that time that every other the King's subjects should be bound to accept and take the same, upon the pains contained in the said Act, the tenor of which oath hereafter ensueth:
Ye shall swear to bear faith, truth, and obedience alonely to the king's majesty, and to his heirs of his body of his most dear and entirely beloved lawful wife Queen Anne, begotten and to be begotten, and further to the heirs of our said sovereign lord according to the limitation in the statute made for surety of his succession in the crown of this realm, mentioned and contained, and not to any other within this realm, nor foreign authority or potentate: and in case any oath be made, or has been made, by you, to any person or persons, that then ye [are] to repute the same as vain and annihilate; and that, to your cunning, wit, and uttermost of your power, without guile, fraud, or other undue means, you shall observe, keep, maintain, and defend the said Act of Succession, and all the whole effects and contents thereof, and all other Acts and statutes made in confirmation, or for execution of the same, or of anything therein contained; and this ye shall do against all manner of persons, of what estate, dignity, degree, or condition soever they be, and in no wise do or attempt, nor to your power suffer to be done or attempted, directly or indirectly, any thing or things privily or apartly to the let, hindrance, damage, or derogation thereof, or of any part of the same, by any manner of means, or for any manner of pretence; so help you God, all saints, and the holy Evangelists.
And forosmuch as it is convenient for the sure maintenance and defence of the same Act that the said oath should not only be authorized by authority of Parliament, but also be interpreted and expounded by the whole assent of this present Parliament, that it was meant and intended by the king's majesty, the Lords and Commons of the Parliament, at the said day of the said last prorogation, that every subject should be bounden to take the same oath, according to the tenor and effect thereof, upon the pains and penalties contained in the said Act:
Therefore be it enacted by authority of this present Parliament that the said oath above rehearsed shall be interpreted, expounded, reputed, accepted, and adjudged the very oath that the king's highness, the Lords spiritual and temporal, and the Commons of this present Parliament meant and intended that every subject of this realm should be obliged and bounden to take and accept, for maintenance and defence of the same Act, upon the pains contained in the said Act, and that every of the king's subjects, upon the said pains, shall be obliged to accept and take the said oath.
And be it further enacted by authority aforesaid that the commissioners that hereafter shall be appointed to receive such oath of the king's subjects, or two of them at the least, shall have power and authority to certify into the king's Bench, by writing under their seals, every refusal that hereafter shall he made afore them of the same oath by any person or persons coming before them to take the same oath; and that every such certificate to be made by such commissioners, as is aforesaid, shall be taken as strong and as available in the law as an indictment of twelve men lawfully found of the said refusal; so that the person and persons, against whom any such certificate shall be made, shall be compelled to answer thereunto as if they were indicted; and that such process, judgment, execution, and every other thing shall be had, used, and ministered, of and upon every such certificate against the offenders, as if they had been lawfully indicted of such offences by the due course and order of the common laws of this realm.
26 HENRY VIII, CAP. 13
This Act was passed in the November session of 1534; it remained upon the Statute Book till 1863 (Stat. Law Rev. Act, 1863).
[Transcr. Statutes of the Realm, iii. 508.]
Forasmuch as it is most necessary, both for common policy and duty of subjects, above all things to prohibit, provide, restrain, and extinct all manner of shameful slanders, perils, or imminent danger or dangers, which might grow, happen, or rise to their sovereign lord the king, the queen, or their heirs, which when they be heard, seen, or understood, cannot be but odible, and also abhorred of all those sorts that he true and loving subjects, if in any point they may do, or shall touch the king, his queen, their heirs or successors, upon which dependeth the whole unity and universal weal of this realm, without providing wherefore too great a scope of unreasonable liberty should be given to all cankered and traitorous hearts, willers and workers of the same; and also the king's loving subjects should not declare unto their sovereign lord now being, which unto them has been, and is most entirely both beloved and esteemed, their undoubted sincerity and truth.
Be it therefore enacted by the assent and consent of our sovereign lord the king, and the Lords spiritual and temporal, and Commons in this present Parliament assembled, and by the authority of the same, that if any person or persons, after the first day of February next coming, do maliciously wish, will, or desire, by words or writing, or by craft imagine, invent, practise, or attempt any bodily harm to be done or committed to the king's most royal person, the queen's, or their heirs apparent, or to deprive them or any of them of their dignity, title, or name of their royal estates, or slanderously and maliciously publish and pronounce, by express writing or words, that the king our sovereign lord should be heretic, schismatic, tyrant, infidel or usurper of the crown, or rebelliously do detain, keep, or withhold from our said sovereign lord, his heirs or successors, any of his or their castles, fortresses, fortalices, or holds within this realm, or in any other the king's dominions or marches, or rebelliously detain, keep, or withhold from the king's said highness, his heirs or successors, any of his or their ships, ordnances, artillery, or other munitions or fortifications of war, and do not humbly render and give up to our said sovereign lord, his heirs or successors, or to such persons as shall be deputed by them, such castles, fortresses, fortalices, holds, ships, ordnances, artillery, and other munitions and fortifications of war, rebelliously kept or detained, within six days next after they shall be commanded by our said sovereign lord, his heirs or successors, by open proclamation under the great seal:
That then every such person and persons so offending in any the premises, after the said first day of February, their aiders, counsellors, consenters, and abettors, being thereof lawfully convicted according to the laws and customs of this realm, shall be adjudged traitors, and that every such offence in any the premises, that shall he committed or done after the said first day of February, shall be reputed, accepted, and adjudged high treason, and the offenders therein and their aiders, consenters, counsellors, and abettors, being lawfully convicted of any such offence as is aforesaid, shall have and suffer such pains of death and other penalties, as is limited and accustomed in cases of high treason.
And to the intent that all treasons should be the more dread, hated and detested to be done by any person or persons, and also because it is a great boldness and an occasion to ill-disposed persons, to adventure and embrace their malicious intents and enterprises, which all true subjects ought to study to eschew: be it therefore enacted by the authority aforesaid, that none offender in any kinds of high treasons whatsoever they be, their aiders, consenters, counsellers, nor abettors, shall be admitted to have the benefit or privilege of any manner of sanctuary, considering that matters of treasons touch so nigh both the surety of the king our sovereign lord's person, and his heirs and successors.
And over that, be it enacted by authority aforesaid, that if any of the king's subjects, denizens or other, do commit or practise out of the limits of this realm, in any outward parts, any such offences, which by this Act are made, or heretofore have been made treason, that then such treasons, whatsoever they be, or wheresoever they shall happen so to be done or committed, shall be inquired and presented by the oaths of twelve good and lawful men, upon good and probable evidence and witness, in such shire and county or this realm, and before such persons as it shall please the king's highness to appoint by commission under his great seal, in like manner and form as treasons committed within this realm have been used to be inquired of and presented; and that upon every indictment and presentment found and made of any such treasons, and certified into the King's Bench, like process and other circumstance shall be there had and made against the offenders, as if the same treasons, so presented, had been lawfully found to be done and committed within the limits of this realm. And that all process of outlawry hereafter to be made and had within this realm against any offenders in treason, being resident or inhabited out of the limits of this realm, or in any of the parts of beyond the sea, at the time of the outlawry pronounced against them, shall be as good and as effectual in the law to all intents and purposes, as if such offenders had been resident and dwelling within this realm at the time of such process awarded, and outlawry pronounced.
And be it further enacted by authority aforesaid, that every offender and offenders, being hereafter lawfully convicted of any manner of high treasons, by presentment, confession, verdict or process of outlawry, according to the due course and custom of the common laws of this realm, shall lose and forfeit to the king's highness, his heirs and successors, all such lands, tenements, and hereditaments, which any such offender or offenders shall have of any estate of inheritance in use or possession, by any right, title, or means, within this realm of England, or elsewhere, within any of the king's dominions, at the time of any such treason committed, or any time after; saving to every person and persons, their heirs and successors (other than the offenders in any treasons, their heirs and successors, and such person and persons as claim to any their uses), all such rights, titles, interests, possessions, leases, rents, offices, and other profits, which they shall have at the day of committing such treasons, or any time afore, in as large and ample manner as if this Act had never been had nor made.