Substitutes, be at any Time or Times hereafter published, executed, or divulged, in any Manner of Ways.

(Parliamentary History, ed. cit., III, p. 88.)

108. Appeals to Rome prohibited

(1533)

Parliamentary History

The following Act was a further severance of the Church of England from the domination of the See of Rome, restraining the Canonical Courts from carrying appeals to the Pope. The terse comment at the end, written by the author of the portion of the History from which the Act is quoted, well sums up the motive for the action taken.

That no Appeals should be made out of this Realm for these Reasons, viz. That whereas the Kingdom of England was a just Empire, furnished with such able Persons, both Spiritual and Temporal, as could decide all Controversies arising in it: And whereas Edward I. Edward III. Richard II. Henry IV. and other Kings of this Realm, had made sundry Ordinances, Laws, and Statutes, for the Conservation of the Prerogative, Liberties, and Pre-eminences of the said Imperial Crown, and of the Jurisdictions Spiritual and Temporal of the same, to keep it from the Annoyance of the See of Rome, as also from the Authority of other foreign Potentates attempting the Diminution or Violation thereof: And because, notwithstanding the said Acts, divers Appeals have been sued to the See of Rome in Causes Testamentary, Causes of Matrimony and Divorce, Right of Tythes, Oblations and Obvertions, to the great Vexation and Charge of the King's Highness and his Subjects, and the Delay of Justice; and forasmuch as the Distance of the Way to Rome is such, as the necessary Proofs and true Knowledge of the Cause cannot be brought thither, and represented so well as in this Kingdom, and that therefore many Persons be without Remedy, it is therefore enacted, That all Causes Testamentary, Causes of Matrimony and Divorces, Tythes, Oblations, and Obventions, either commenced or depending formerly, or which hereafter shall commence in any of the King's Dominions, shall be heard, discussed, and definitively determined within the King's Jurisdiction and Authority in the Courts Spiritual and Temporal of the same, any foreign Inhibition or Restraints to the contrary notwithstanding: So that, any Excommunication or Interdiction on this Occasion should follow from that See, the Prelates and Clergy of this

Realm should administer Sacraments, and say Divine Service, and do all other their Duties, as formerly hath been used, upon Penalty of One Year's Imprisonment, and Fine at the King's Pleasure; and they who procured the said Sentences should fall into a Præmunire. As for the Orders to be observed henceforth, it was enacted, That in Suits commenced before the Arch-Deacon or his Officials, Appeal might be made to the Bishop of the said See; and from thence, within fifteen Days, to the Archbishop of Canterbury, or Archbishop of York, respectively in their Provinces, and so likewise to the Archbishops in the King's other Dominions. Or if Suit be commenced before the Arch-Deacon or any Archbishop or his Commissaries, then appeal may be made within fifteen Days to the Court of Arches, and so to the Archbishops without further Appeal: In all which Cases the Prerogative of the Archbishop and Church of Canterbury was reserved. That if any Suit arose betwix the King and his Subjects, Appeal might be made within fifteen Days to the Prelates of the Upper House in the Convocation then sitting, or next called by the King's Writ, there to be finally determined: And that they who shall take out any Appeal contrary to the Effect of this Act, or refuse to obey it, they, their Adherents, and Counsellors, shall incur the Penalty of the Statute of 16 Richard II. And it is natural to suppose, that the Spirituality, finding the Power, invested formerly in the Pope, to be devolved now in great part on them, did more easily suffer the Diminution of Papal Authority. (Parliamentary History, ed, cit., III, p. 93.)

109. Henry's Attitude toward Heretics

(25 HENRY VIII., c. 14, 1533-34)

Statutes at Large of England

Henry's laws against heretics were intended to strike a blow at the exercise of the papal power in England, but they also show that his antagonism was against the headship of the Pope and not against the prevailing faith. To Henry, the Church of Rome was the true Church; he cherished the idea that he could in England take the place hitherto held by the Pope, and yet preserve the doctrines of the Church in their entirety. He was therefore as severe in his enactments against heretics as in those against traitors.

AN ACT FOR PUNISHMENT OF HERESY

I. (Preamble.)

II. And nevertheless forasmuch as the most foul and detestable crime of heresy should not hereafter grow and in

crease, but utterly be abhorred, detested, and eradicate, nor that any heretics should be favoured, but that they should have condign and sufficient punishment, and for the repression of heretics and such erroneous opinions in time coming: be it established, ordained, and enacted by the authority of this present Parliament, that the statute made in the fifth year of your noble progenitor King Richard the Second, and the statute made in the second year of King Henry the Fifth [Fourth], concerning punishment and reformation of Heretics and Lollards, and every provision therein contained, not being repugnant to this Act, shall be, and stand, in their force, strength, and effect.

Sheriffs in their turns, and Stewards in their leets, rapes, and wapentakes, shall have authority to inquire of heretics; and every such presentment made in any turn, leet, etc., concerning heretics, shall be certified to the Ordinary. Every person presented or indicted of any heresy, or duly accused by two lawful witnesses, may be cited, arrested, or taken by an Ordinary, or other of the King's subjects, and committed to the Ordinary, to answer in open court, and being convicted shall abjure his heresies, and refusing so to do, or falling into relapse, shall be burned in an open place for example of others.

III. VI.

VII. And where the great number of the King's subjects having little or no knowledge of letters have been put in opinion, that by divers laws, decrees, ordinances, and constitutions heretofore made by the bishop of Rome, called the Pope, and his predecessors, or by their authorities, for the advancement of their worldly glory and ambition, every man that in any thing speaketh or doth against the said pretended power or authority of the same bishop of Rome, or any of the said laws, decrees, ordinances, and constitutions, standeth in danger and is impeachable of heresy; which effect or matter, nor any such laws, decrees, ordinances, or constitutions, not approved and confirmed by Holy Scripture, was never commonly accepted or confirmed to be any law of God or man within this realm. "No speaking, doing, communication, or holding against the Pope, nor any speaking, doing, communication, or holding against any laws called spiritual laws, made by authority of the See of Rome, repugnant to the laws and statutes of this realm or the King's prerogative royal, shall be reputed heresy, or punishable as such. "Persons accused or indicted of heresy may be let to

bail by the Ordinaries, or by two justices of peace, except the Ordinary declare to the King's Council a reasonable cause why they should not be bailed."

(Ed. from Statutes at Large of England and Great Britain, Lond., 1811. III, p. 156.)

110. Submission of the Clergy

(25 HENRY VIII., c. 19, 1533-34)

In the following Act, Henry practically assumes dominion over the English Church. Sections I, II, and VII were recited in a later Act and continued for three years. Later again, similar provisions were made, to endure for the life of the king. The effect of these enactments was to legally vest in the king that appellate jurisdiction which had hitherto been the prerogative of the Pope, and to abolish the control of convocations over ecclesiastical affairs.

AN ACT FOR THE SUBMISSION OF THE CLERGY TO THE KING'S

MAJESTY

I. Where the King's humble and obedient subjects, the clergy of this realm of England, have not only acknowledged according to the truth, that the convocations of the same clergy are always, hath 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 sacerdocii that they will never from henceforth presume to attempt, allege, claim, or put in use, or enact, promulgate 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 license may to them be had, to make, promulgate, and execute the same, and that his Majesty do give his most royal assent and authority in that behalf: And whereas 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 of 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 being 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 use any constitutions or ordinance, provincial or synodal, or any other canons, nor shall enact, promulgate, or execute any such canons, constitutions, or ordinances provincial, by whatsoever name or names they may be called, in their convocations in time coming (which always shall be assembled by authority of the King's writ) unless the same clergy may have the King's most royal assent and license to make, promulgate, 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 convicted, to suffer imprisonment, and make fine at the King's will.

II. And forasmuch as such canons, constitutions, and ordinances, 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 [are] 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-andthirty; 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 or