CRAN- be somewhat unacquainted with history, and mistaken in matMER, Abp. Cant. ter of fact. Neither need we wonder a mis-recital of this kind should pass the two houses. I say, we need not wonder at this, since the clergy had led them into this error in their submission to the crown. For who could have imagined the clergy should have fallen into such an oversight, wanted skill or courage to maintain their privilege, and contradicted undoubted records to their own disadvantage? The clergy not to meet To go on with the act: Several of the old canons and in convoca- constitutions being complained of as prejudicial to the prerogative royal, burdensome to the people, and contrary to the stawithout the tutes of the realm: It is therefore enacted, that the king shall the king's tion, nor to make canons license. The monasteries put have power and authority to assign two-and-thirty persons, sixteen of the clergy, and sixteen of the laity, to examine, abrogate, or confirm the canons as they thought fit. Until such a review was made, all those canons which were not contrary to the laws or prerogative were to remain in force." By the way, the executing this commission was limited to no time, neither was it ever put in practice. Farther, "All appeals to Rome, of what kind soever, were prohibited. And that the methods of justice might not be defective, the parties grieved had the liberty to appeal to the king in Chancery. In which cases a commission was to be directed under the great seal to such persons as the king should nominate, who were empowered to determine and give final judgment, as in cases of appeal from the admiral's court. And here all applications for redress at the court of Rome are forbidden under præmunire. "And as for abbots, priors, and all places exempt, and under the formerly under the immediate jurisdiction of the pope, these jurisdiction religious fraternities were to make their appeal immediately to the court of Chancery; neither were any archbishops or bishops to disturb their applications to the king, or intermeddle with such matters." of the crown. By this last clause, all the religious, instead of being returned to the jurisdiction of their diocesans, and metropolitan, were put under the regale, and the king is enacted their ordinary. This provision, we may imagine, was contrived to bring on the VIII. dissolution of the abbeys. For now the king was empowered HENRY to visit the monasteries, to inspect their behaviour, and proportion the correction at his pleasure. annates 25 Hen. 8. The next act advances to farther disengagements from Payment of the pope, and extinguishes the payment of annates without wholly exany reserve. It is likewise enacted, "that from henceforth no tinguished. persons shall be presented, nominated, or commended to the cap. 20. pope or see of Rome, for any archbishopric or bishopric within this realm. Neither shall any person procure any bulls, briefs or palls from the see of Rome, or pay any annates or sums of money there." From hence the statute proceeds to settle the election of bishops. "The king, upon the vacancy of the see, was to send his congé-d'élire to the dean and chapter, or prior or convent, and in case they delayed their election above twelve days, the crown was empowered to nominate the person by letterspatent. "And after the bishop or archbishop thus elected and nomi- The election nated had taken an oath of fealty to the king, his majesty, by settled. of bishops his letters-patent under the broad seal signified the election to the archbishop, with orders to confirm it, and consecrate the elect. "And lastly, If the persons assigned to elect and consecrate defer the performing their respective offices for twenty days, they were to fall under the penalty of a præmunire.' ments for made to the The statute immediately following takes notice what great 25 Hen. 8. sums of money had been carried out of the kingdom, and how cap. 21. much the subjects had been impoverished by the exactions of the bishop of Rome. In the recital of the particulars there all payis mention made of "pensions, censes, Peter-pence, procura- faculties, &c. tions, fruits, suits for provisions, expeditions of bulls for arch-formerly bishoprics and bishoprics, and for delicacies and rescripts in see of Rome causes of contentions and appeals, jurisdictions legantine, and prohibited. 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," &c. 1 Rehabilitations are acts of restoration to forfeited rights and privileges. CRAN MER, In this preamble, the parliament is said to have an authority Abp. Cant. to abrogate, null, amplify, diminish or dispense with all human laws of this realm. Under this compass of expression, all The parliament claims ecclesiastical laws and constitutions, as well as others, seem to an authority to abrogate be comprehended. all human laws. The arch bishop of Canterbury empowered to grant dispensations, &c. 85. The king to commis bishops for In the body of the statute, it is enacted, “That neither the king, his successors, nor his subjects, shall for the future apply to the see of Rome, for any dispensation, faculty, delegacy, &c. And because it may be sometimes necessary, that some such powers and relaxations, &c., should be lodged elsewhere, the archbishop of Canterbury is empowered to grant the king and his subjects such faculties, &c., as had been formerly procured from the see of Rome. And here all licences, &c., which were rated at four pounds and upwards, were not to be executed till confirmed under the broad seal, and enrolled in Chancery. And for all faculties under this sum, the archbishop's seal was sufficient, unless the parties desired an enrolment in Chancery. "In the vacancy of the archbishopric of Canterbury, the guardian of the spiritualties is authorized to grant such dispensations, &c. And in case the archbishop of Canterbury, or empowered the guardian of the spiritualties for the time being, should sionate two refuse the granting such faculties, &c. the king is empowered this purpose, to direct a commission to two such prelates as he thought fit, in case of the archbishop's to perform this business, and answer the intention of the act." And to prevent misconstruction, it is provided that “nothing in this act shall be interpreted, as if the king and his subjects intended 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 their salvation. refusal. The subjects prohibited "It is provided, that neither the archbishop of Canterbury, or any other person, shall have any power to visit religious houses: but that all redress, visitation, and confirmation, with reference to such places, shall come from the crown by way of commission under the broad seal. "And under this proviso the subjects are forbidden going out of the realm to any councils whatever. And that all relicouncils. gious assemblies should be held within the king's dominions. the going to general The penalty for suing to the see of Rome for any license, dis- HENRY pensation, &c., is præmunire. "And lastly, the king, by the advice of his privy council, is empowered to alter the condition of papal indulgences, and to reform such abuses in them, as should be discovered; and that all persons were bound to abide by his majesty's regulation, under the forfeitures abovementioned." I must not omit the saving in this act, by which it is provided, "that nothing in it shall be prejudicial to the archbishop of York, or to any other bishop or prelate of this realm: but that they may lawfully dispense in all cases in which they were wont to dispense by the common law or custom of this realm." VIII. I shall just mention the act of succession, because the clergy 25 Henry 8. are concerned in it. "By this act, the king's marriage with the lady Catharine, who is now to be styled only princess dowager, is declared void. The marriage with queen Anne affirmed, and her issue made inheritable to the crown. cap. 22. swearing the "And for the establishment of the succession thus settled, An act for all persons of full age, as well spiritual as temporal, are bound subjects to the to swear to maintain the act. And the refusing this oath is succession of made misprision of treason." There are several degrees of consanguinity and affinity prohibited to marry by this act upon which occasion, there is this remarkable passage, which I shall cite in the words of the statute. the issue of the queen. God not dispensable by "Which marriages, albeit they be plainly prohibited and The laws of detested by the laws of God, yet nevertheless at some times they have proceeded under colours of dispensations, by man's the pope. power, which is but usurped, and of right ought not to be granted nor allowed. For no man, of what estate, degree, or condition soever he be, hath power to dispense with God's laws, as all the clergy of this realm in convocation, and the most part of all the famous universities of Christendom, and we also, do affirm and think." VOL. IV. R CRAN MER, This parliament there passed a private act, for depriving the Abp. Cant. bishops of Salisbury and Worcester: they were cardinal Campegio, and Hierom de Ghinucci, both Italians. The former had disobliged the king in the management of the divorce; but the latter was the king's agent in Italy, and seems to have acquitted himself to satisfaction, as may be collected from the king's letter, in which he solicits for a cardinal's hat for this prelate. 25 Hen. 8. cap. 5. Bp. Burnet, pt. 1. Records, p 121. See my Eccles. Hist. pt. 1. Fisher, bishop of Rochester, and sir Thomas act. The preamble of the act sets forth that persons promoted to ecclesiastical dignities ought to reside in the kingdom, for the keeping hospitality, providing for their charge, and answering their character in every respect. That the bishops of Salisbury and Worcester lived at the court of Rome, exporting the revenues of their sees, amounting to three thousand pounds per annum, to the impoverishing the kingdom, and failing in the requisites abovementioned: for these reasons their sees are declared destitute of any incumbent, and void in law. This depriving of bishops by an act of state, was unprecedented in this kingdom. And this is the first instance. William the Conqueror, who went farthest in the exercise of the regale, displaced no bishops without synodical deprivation. Upon the rising of the parliament, commissioners were appointed to require the oath of succession in their respective counties. They met with a general compliance: but when it was tendered to bishop Fisher, and sir Thomas More, late lord chancellor, they refused to go the whole length of what was demanded. They were ready to swear to the succession, More, refuse but not to the whole act. The offensive passages in this statute swearing to the whole seem to be these: viz. the parliament's pronouncing against the dispensation, with the first marriage. Secondly, their declaring for the legality of Cranmer's proceedings in the divorce. And thirdly, there were some pretty broad satirical expressions against the pope's supremacy. But which of these particulars, or whether all of them, shocked Fisher and More, they would April 17, 1534. not discover. Cranmer advised the admitting them to swear Biblioth. upon their own terms, as appears by his letter to Cromwell. Where he puts him in mind, "that the bishop of Rochester and sir Thomas More were willing to swear to the act, but scrupled the preamble. As for himself, he was at a loss about the grounds of their exception. However, he thought it would be serviceable to the king and kingdom, to receive the oath R. Harley, |