234 English Constitutional Documents
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 be 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.
VII. 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, main-
tain, 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 execu-
tion 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 First Act of Succession 235
the five-and-twentieth year of the reign of King Edward III., and
in the sixteenth year of King Richard II.
147. The First Act of Succession
(1534. 25 Henry VIII. c. 22. 3 5. X. 471. The whole act reprinted in G.
and H. 232-243.)
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 depend-
eth all our joy and wealth, in whom also is united and knit the
only mere true inheritance and title of this realm, without any con-
tradiction ;
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 occa-
sion of ambiguity and doubts, then not so perfectly declared, but
that men might, upon froward 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,
236 English Constitutional Documents
to invest who should please them, to inherit in other men's king-
doms and dominions, which thing we, your most humble subjects,
both spiritual and temporal, do utterly abhor and detest ; and some-
times 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 con-
tinuance 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 tran-
quillity of the same, being greatly reproachable and dishonourable
to the whole realm :
II. In consideration whereof, your said most humble and obe-
dient 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
doth 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, dis-
pensation, 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 there-
of, shall be void and of none effect ; and that the said Lady
Katherine shall be from henceforth called and reputed only dow-
The First Act of Succession 237
ager 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, Angers, 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, con-
stantly, 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 estab-
lished for ever by your most gracious and royal assent.
VI. 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 :
VII. 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
238 English Constitutional Documents
course of inheritance in that behalf; and if it shall happen your
said dear and entirely beloved wife Queen Anne to decease with-
out 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 law-
fully 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 inherit-
ance, in like manner and form as is above said.
And for default of such sons of your body begotten, and of the
heirs of the several bodies of 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 female 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.
XIII. 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 which 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
Act of Supremacy of Henry VIII 239
this present Act. And that all manner your subjects, as well
spiritual as temporal, suing livery, restitutions, or ouster If 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 utter-
most of their powers, shall truly, firmly, and constantly observe,
fulfil, maintain, defend, and keep the effects and contents con-
tained 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 make 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 mis-
prision 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.
148. Act of Supremacy of Henry VIII
(1534. 26 Henry VIII. c. I. 3 S. R. 492. G. and H. 243-244.)
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-
240 English Constitutional Documents
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.
149. The Treasons Act
(1534. 26 Henry VIII. c. 13. 3 S. R. 508. G. and H. 247-250.)
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 be 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.
II. 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
The Treasons Act 241
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 pro-
nounce, 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 con-
victed according to the laws and customs of this realm, shall be
adjudged traitors, and that every such offence in any the premises,
that shall be committed or done after the said first day of Febru-
ary, 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.
III. 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-dis-
posed 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, counsellors, nor abettors, shall be admitted to
have the benefit or privilege of any manner of sanctuary, consid-
ering that matters of treasons touch so nigh both the surety of the
king our sovereign lord's person, and his heirs and successors.
IV. And over that, be it enacted by authority aforesaid, that if
any of the king's subjects, denizens or other, do commit or prac-
1^.1 English Constitutional Documents
tise 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 of 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 certi-
fied 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 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.
V. 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 com-
mitted, or any time after ; saving to every person and persons,
their heirs and successors (other than the offenders in any trea-
sons, their heirs and successors, and such person and persons as
claim to any their uses,) all such rights, titles, interests, posses-
sions, 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.
Act for Dissolution of Lesser Monasteries 243
150. Act for the Dissolution of the Lesser
Monasteries
(1536. 27 Henry VIIL c. 28. 35. R. 575. The whole act reprinted in
G. and H. 257-268.)
PRASMUCH as manifest sin, vicious, carnal and abominable
living is daily used and committed among the little and
small abbeys, priories, and other religious houses of monks, canons,
and nuns, where the congregation of such religious persons is
under the number of twelve persons, whereby the governors of
such religious houses, and their convent, spoil, destroy, consume,
and utterly waste, as well their churches, monasteries, priories,
principal nouses, farms, granges, lands, tenements, and heredita-
ments, as the ornaments of their churches, and their goods and
chattels, to the high displeasure of Almighty God, slander of good
religion, and to the great infamy of the king's highness and the
realm, if redress should not be had thereof. And albeit that
many continual visitations hath been heretofore had, by the space
of two hundred years and more, for an honest and charitable
reformation of such unthrifty, carnal, and abominable living, yet
nevertheless little or none amendment is hitherto had, but their