with the said White, appeared in the commons house, where the
speaker charging them with their contempt and misdemeanour
aforesaid, they were compelled to make immediate answer, with-
out being admitted to any counsel. Albeit, Sir Roger Cholmeley,
then recorder of London, and other of the counsel of the city
there present, offered to speak in the cause, which were all put
to silence, and none suffered to speak, but the parties themselves :
whereupon, in conclusion, the said sheriffs and the same White
were committed to the Tower of London, and the said clerk (which
was the occasion of the affray) to a place there called Little Ease,
and the officer of London which did the arrest, called Taylor, with
four other officers, to Newgate, where they remained from the
eighth and twentieth until the thirtieth of March, and then they
were delivered, not without humble suit made by the mayor of
London and other their friends.
And for so much as the said Ferrers being in execution upon a
condemnation of debt, and set at large by privilege of parliament,
was not by law to be brought again into execution, and so the
party without remedy for his debt, as well against him as his
Ferrers' Case 263
principal debtor ; after long debate of the same by the space of
nine or ten days together, at last they resolved upon an act of
parliament to be made, and to revive the execution of the said
debt against the said Weldon which was principal debtor, and to
discharge the said Ferrers. But before this came to pass, the
commons house was divided upon the question : howbeit in con-
clusion, the act passed for the said Ferrers, won by fourteen
voices.
The king then being advertised of all this proceeding, called
immediately before him the lord chancellor of England and his
judges, with the speaker of the parliament, and other of the
gravest persons of the nether house, to whom he declared his
opinion to this effect. First commending their wisdoms in main-
taining the privileges of their house (which he would not have to
be infringed in any point) he alleged that he being head of the
parliament, and attending in his own person upon the business
thereof, ought in reason to have privilege for him and all his
servants attending there upon him. So that if the said Ferrers had
been no burgess, but only his servant, yet in respect thereof he
was to have the privilege as well as any other.
For I understand (quoth he) that you not only for your own
persons, but also for your necessary servants, even to your cooks
and housekeepers, enjoy the said privilege ; insomuch as my lord
chancellor here present hath informed us, that he being speaker
of the parliament, the cook of the Temple was arrested in Lon-
don, and in execution upon a statute of the staple. And forso-
much as the said cook, during all the parliament, served the
speaker in that office, he was taken out of execution, by the priv-
ilege of the parliament. And further we be informed by our
judges, that we at no time stand so highly in our estate royal, as
in the time of parliament, wherein we as head, and you as mem-
bers, are conjoined and knit together into one body politic, so as
whatsoever offense or injury (during that time) is offered to the
meanest member of the house, is to be judged as done against our
person, and the whole court of parliament. Which prerogative
of the court is so great (as our learned counsel informeth us) as
all acts and processes coming out of any other inferior courts
must for the time cease and give place to the highest.
Whereupon Sir Edward Montacute, lord chief justice, very
gravely told his opinion, confirming by divers reasons all that the
king had said, which was assented unto by all the residue, none
264 English Constitutional Documents
speaking to the contrary. The act indeed passed not the higher
house, for the lords had not time to consider of it, by reason
of the dissolution of the parliament, the feast of Easter then
approaching. Because this case hath been diversely reported,
and is commonly alleged as a precedent for the privilege of the
parliament ; I have endeavoured myself to learn the truth thereof,
and so set it forth with the whole circumstance at large accord-
ing to their instructions, who ought best both to know and
remember it.
157. Act Fixing the Succession
(1544. 35 Henry VIII. c. I. 3 S. R. 955.)
WHERE in the parliament held at Westminster the eighth
day of June in the twenty-eighth year of the reign of our most
dread sovereign lord King Henry the Eighth an act was had and
made for the establishment of the succession of the imperial
crown of this realm of England, by which act among divers other
things it was enacted, that the imperial crown of this realm with
all dignities, honours, preeminences, prerogatives, authorities and
jurisdictions to the same annexed or belonging should be to the
king's majesty and his heirs of his body lawfully begotten, that is
to say, to the first son of his body between His Highness and his
then lawful wife Queen Jane, now deceased, 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 His Highness'
body and of the body of the said Queen Jane begotten, and to
the heirs of the body of the same second son begotten, with divers
other limitations of the estates, conveyance and remainders of the
said imperial crown and other the premises : and it was also
enacted further by the said statute, that for lack of issue of our
said sovereign lord the king's body lawfully begotten, that then
His Highness should and might give, will, limit, assign, appoint or
dispose the said imperial crown and other the premises to what
person or persons, and give the same person or persons such
estate in the same, as it should please His Majesty by his gracious
letters patents under the great seal, or by his last will in writing
signed with his most gracious hand ; as by the same act among
divers other things therein contained more at large it doth appear :
Act Fixing the Succession 265
since the making of which act, the king's majesty hath one only
issue of his body lawfully begotten betwixt His Highness and his
said late wife Queen Jane, the noble and excellent prince, Prince
Edward, whom Almighty God long preserve ; and also His
Majesty hath now of late, since the death of the said Queen Jane,
taken to his wife the most virtuous and gracious Lady Katherine,
now queen of England, late wife of John Neville, knight, Lord
Latimer deceased, by whom as yet His Majesty hath none issue,
but may have full well when it shall please God ; and forasmuch
as our said most dread sovereign lord the king, upon good and
just grounds and causes, intendeth by God's grace to make a voy-
age royal in His Majesty's most royal person into the realm of
France, against his ancient enemy the French king ; His Highness
most prudently and wisely considering and calling to his remem-
brance how this realm standeth at this present time in the case of
succession, and poising and weighing further with himself the
great trust and confidence that his loving subjects have had and
have in him, putting in his hands wholly the order and declara-
tion of the succession of this realm ; recognizing and acknowledg-
ing also that it is in the only pleasure and will of Almighty God how
long His Highness or his said entirely beloved son, Prince Ed-
ward, shall live, and whether the said prince shall have heirs of his
body lawfully begotten or not, or whether His Highness shall have
heirs begotten and procreated between His Majesty and his said
most dear and entirely beloved wife Queen Katherine that now is,
or any lawful heirs and issues hereafter of his own body begotten
by any other his lawful wife; and albeit that the king's most
excellent majesty, for default of such heirs as be inheritable by
the said act, might by the authority of the said act, give and dis-
pose the said imperial crown and other the premises by his letters
patents under his great seal, or by his last will in writing signed
with his most gracious hand, to any person or persons of such
estate therein as should please His Highness to limit and appoint ;
yet to the intent that His Majesty's disposition and mind therein
should be openly declared and manifestly known and notified, as
well to the lords spiritual and temporal as to all other his loving
and obedient subjects of this his realm, to the intent that their
assent and consent might appear to concur with thus far as follow-
eth of His Majesty's declaration in this behalf; His Majesty there-
fore thinketh convenient afore his departure beyond the seas,
that it be enacted by His Highness with the assent of the lords
spiritual and temporal and the commons in this present parlia-
ment assembled and by authority of the same, and therefore be it
266 English Constitutional Documents
enacted by the authority aforesaid, that in case it shall happen
the king's majesty and the said excellent prince his yet only son
Prince Edward and heir apparent, to decease without heir of
either of their bodies lawfully begotten (as God defend) so that
there be no such heir male or female of any of their two bodies,
to have and inherit the said imperial crown and other his domin-
ions, according and in such manner and form as in the aforesaid
act and now in this is declared, that then the said imperial crown
and all other the premises shall be to the Lady Mary, the king's
Highness' daughter, and to the heirs of the body of the same Lady
Mary lawfully begotten, with such conditions as by His Highness
shall be limited by his letters patents under his great seal, or
by His Majesty's last will in writing signed with his gracious
hand ; and for default of such issue the said imperial crown
and other the premises shall be to the Lady Elizabeth, the king's
second daughter, and to the heirs of the body of the said
Lady Elizabeth lawfully begotten, with such conditions as by His
Highness shall be limited by his letters patents under his great
seal, or by His Majesty's last will in writing signed with his gra-
cious hand ; anything in the said act made in the said twenty-eighth
year of our said sovereign lord to the contrary of this act not-
withstanding.
IV. Provided alway, that if the said Lady Mary do not keep
and perform such conditions as shall be limited and appointed to
her said estate in the said imperial crown and other the premises
as is aforesaid, and the said Lady Elizabeth being then dead with-
out any heir of her body lawfully begotten, that then and from
thenceforth for lack of heirs of the several bodies of the king's
majesty and the said lord prince lawfully begotten, the said im-
perial crown and other the premises shall be, come and remain to
such person and persons and of such estate and estates as the king's
highness by his letters patents sealed under his great seal, or by
his last will in writing signed with His Majesty's hand shall limit
and appoint.
V. Provided always and be it enacted by authority aforesaid,
that in case the king's majesty do not declare and limit by his
letters patents or by his last will in form as is aforesaid any con-
dition to the estates and interests afore limited to the said Lady
Mary and Lady Elizabeth, nor to the estate or interest of any of
them, that then every such of the said Lady Mary and Lady Eliza-
beth, to whose estate or interest no condition shall be limited by
Act Fixing the Succession 267
the king's majesty in form aforesaid, shall have and enjoy such
interest, estate and remainder in the said imperial crown and other
the premises as is before limited by this act, without any manner
of condition ; anything in this present act to the contrary thereof
notwithstanding.
VI. And forasmuch as it standeth in the only pleasure and will
of Almighty God, whether the king's majesty shall have any heirs
begotten and procreated between His Highness and his said most
entirely beloved wife Queen Katherine, or by any other his lawful
wife, or whether the said Prince Edward shall have issue of his
body lawfully begotten, or whether the Lady Mary and Lady
Elizabeth or any of them shall have any issue of any of their sev-
eral bodies lawfully begotten, and if such heirs should fail (which
God defend) and no provision made in the king's life who should
rule and govern this realm for lack of such heirs as in this present
act is afore mentioned, that then this realm after the king's transi-
tory life and for lack of such heirs, should be destitute of a lawful
governor to order, rule and govern the same ; be it therefore
enacted by the authority of this present parliament, that the
king's Highness shall have full power and authority to give, dis-
pose, appoint, assign, declare and limit, by his gracious letters
patents under his great seal, or else by 'His Highness' last will
made in writing and signed with his most gracious hand, at his
only pleasure from time to time hereafter, the imperial crown of
this realm and all other the premises, to be, remain, succeed and
come, after his decease and for lack of lawful heirs of either of
the bodies of the king's Highness and Prince Edward begotten,
and also for lack of lawful heirs of the bodies of the said Lady
Mary and Lady Elizabeth to be procreated and begotten as is
afore limited in this act, to such person or persons in remainder
or reversion as shall please His Highness, and according to such
estate and after such manner and form, fashion, order or condi-
tion as shall be expressed, declared, named and limited in His
Highness' letters patents, or by his last will in writing signed with
his most gracious hand as is afore said ; anything contained in this
present act or in the said former act to the contrary thereof in any
wise notwithstanding.
268 English Constitutional Documents
158. Act concerning Treasons committed out
of the Realm
(1544. 35 Henry VIII. c. 2. 3 S. R. 958.)
T^ORASMUCH as some doubts and questions have been moved,
-T that certain kinds of treasons, misprisions and concealments
of treasons, done, perpetrated or committed out of the king's
majesty's realm of England and other His Grace's dominions,
cannot nor may by the common laws of this realm be inquired of,
heard and determined within this his said realm of England ; for
a plain remedy, order and declaration therein to be had and made,
be it enacted by authority of this present parliament, that all man-
ner of offences being already made or declared, or hereafter to be
made or declared by any the laws and statutes of this realm, to
be treasons, misprisions of treasons or concealments of treasons,
and done, perpetrated or committed or hereafter to be done, per-
petrated or committed by any person or persons out of this realm
of England, shall be from henceforth inquired of, heard and deter-
mined before the king's justices of his bench for pleas to be held
before himself, by good and lawful men of the same shire where
the said bench shall sit and be kept, or else before such commis-
sioners and in such shire of the realm as shall be assigned by the
king's majesty's commission, and by good and lawful men of the
same shire; in like manner and form to all intents and purposes
as if such treasons, misprisions of treasons or concealments of
treasons had been done, perpetrated and committed within the
same shire where they shall be so inquired of, heard and deter-
mined as is aforesaid.
II. Provided always that if any the peers of this realm shall
happen to be indicted of any such treason or other offences afore-
said by authority of this act, that then after such indictment they
shall have their trial by their peers in such like manner and form
as hath heretofore been accustomed.
Act for the Dissolution of Chantries 269
159. Act for the Dissolution of Chantries
(1547. i Edward VI. c. 14. 4 S. R. 24, The whole act reprinted in G.
and H. 328-3570
THE king's most loving subjects, the Lords spiritual and tem-
poral, and the Commons, in this present Parliament assembled,
considering that a great part of superstition and errors in Chris-
tian religion has been brought into the minds and estimations of
men, by reason of the ignorance of their very true and perfect
salvation through the death of Jesus Christ, and by devising and
phantasying vain opinions of purgatory and masses satisfactory to
be done for them which be departed, the which doctrine and
vain opinion by nothing more is maintained and upholden, than
by the abuse of trentals, chantries, and other provisions made for
the continuance of the said blindness and ignorance ; and further
considering and understanding, that the alteration, change, and
amendment of the same, and converting to good and godly uses,
as in erecting of grammar schools to the education of youth in
virtue and godliness, the further augmenting of the universities,
and better provision for the poor and needy, cannot, in this pres-
ent Parliament, be provided and conveniently done, nor cannot
nor ought to have any other manner person to be committed, than
to the king's highness, whose majesty, with and by the advice of
his highness's most prudent council, can and will most wisely and
beneficially, both for the honour of God and the weal of this his
majesty's realm, order, alter, convert, and dispose the same ;
IX. And furthermore be it ordained and enacted by the authority
aforesaid, that the king our sovereign lord shall, from the said feast
of Easter next coming, have and enjoy to him, his heirs and suc-
cessors for ever, all fraternities, brotherhoods, and guilds, being
within the realm of England and Wales, and other the king's
dominions ; and all manors, lands, tenements, and other heredit-
aments belonging to them or any of them other than such
corporations, guilds, fraternities, companies, and fellowships of
mysteries or crafts, and the manors, lands, tenements, and other
hereditaments pertaining to the said corporations, guilds, fraterni-
ties, companies, and fellowships of mysteries or crafts above men-
tioned and shall by virtue of this Act be judged and deemed
in the actual and real possession of our said sovereign lord the
270 English Constitutional Documents
king, his heirs and successors, from the said feast of Easter next
coming, for ever, without any inquisition or office thereof to be
had or found.
XI. And also that the same commissioners, or two of them
at the least, by virtue of this Act and of the commission to them
directed, shall have full power and authority to assign, and shall
appoint (in every such place where guild, fraternity, [or] the
priest or incumbent of any chantry in esse, the first day of this
present Parliament, by the foundation ordinance or the first insti-
tution thereof, should or ought to have kept a grammar school
or a preacher, and so has done since the feast of St. Michael the
Archangel last past) lands, tenements, and other hereditaments
of every such chantry, guild, and fraternity to remain and con-
tinue in succession to a schoolmaster or preacher for ever, for
and toward the keeping of a grammar school or preaching, and
for such godly intents and purposes, and in such manner and
form, as the same commissioners, or two of them at the least,
shall assign or appoint.
And also to make and ordain a vicar to have perpetuity for
ever in every parish church, the first day of this present Par-
liament, being a college, free chapel, or chantry, or appropriated,
annexed, or united to any college, free chapel, or chantry, that
shall come to the king's hands by virtue of this Act, and to en-
dow every such vicar sufficiently, having respect to his cure and
charge ; the same endowment to be to every such vicar, and to
his successors for ever, without any other licence or grant of the
king, the bishop, or other officers of the diocese.
And also the said commissioners, or two of them at the
least, shall have authority by force of this Act, to assign in every
great town or parish, where they shall think necessary to have
more priests than one, for the ministering of the sacraments within
the same town or parish, lands and tenements belonging to any
chantry, chapel, or stipendiary priests, being within the same town
or parish the first day of this present Parliament, to be to such
person and persons as the said commissioners, or two of them at
the least, shall assign or appoint to continue in succession for
ever, for and towards the sufficient finding and maintenance of
one or more priests within the same town or parish, as by the said
commissioners, or two of them, shall be thought necessary or
convenient ; and as well to make ordinances and rules concerning
the service, use, and demeanour of every such priest and school-
Act for the Dissolution of Chantries 271
master, as is aforesaid, to be appointed, as also by what name or
names he and they shall from henceforth be named and called.
XIX. Provided always, and be it ordained and enacted by the
authority aforesaid, that this Act, or any article, clause, or matter
contained in the same, shall not in any wise extend to any college,
hostel, or hall being within either of the Universities of Cambridge
and Oxford ; nor to any chantry founded in any of the colleges,
hostels, or halls being in the same Universities ; nor to the free
chapel of St. George the Martyr, situate in the castle of Windsor ;
nor to the college called St. Mary's College of Winchester beside
Winchester, of the foundation of Bishop Wykeham ; nor to the
college of Eton ; nor to the parish church commonly called the
Chapel in the Sea in Newton, within the isle of Ely, hi the county
of Cambridge ; nor to any manors, lands, tenements, or heredita-
ments to them or any of them pertaining or belonging ; nor to any
chapel made or ordained for the ease of the people dwelling dis-
tant from the parish church, or such like chapel whereunto no
more lands or tenements than the churchyard or a little house
or close does belong or pertain ; nor to any cathedral church or
college where a bishop's see is, within this realm of England or
in Wales, nor to the manors, lands, tenements, or other heredita-
ments of any of them, other than to such chantries, obits, lights,
and lamps, or any of them, as at any time within five years next
before the beginning of this present Parliament have been had,
used, or maintained within the said cathedral churches, or within
any of them, or of the issues, revenues, or profits of any of the
said cathedral churches, to which chantries, obits, lights, and
lamps it is enacted by the authority aforesaid that this Act shall
extend.
XXXIV. Provided also, and be it enacted by the authority afore-
said, that this present Act, nor anything therein contained, shall in
any wise extend or be prejudicial or hurtful to the general cor-
poration of any city, borough, or town within this realm, or any
other the king's dominions, nor shall extend to any the lands or
hereditaments of them or any of them : anything herein contained
to the contrary in any wise notwithstanding.
272 English Constitutional Documents
1 60. First Act of Uniformity of Edward VI
(1549. 2 & 3 Edward VI. c.i. 4 S. H. 37. G. and H. 358-366.)
WHERE of long time there has been had in this realm of
England and in Wales divers forms of common prayer, com-
monly called the service of the Church ; that is to say, the Use of
Sarum, of York, of Bangor, and of Lincoln ; and besides the same
now of late much more divers and sundry forms and fashions have
been used in the cathedral and parish churches of England and
Wales, as well concerning the Matins or Morning Prayer and the
Evensong, as also concerning the Holy Communion, commonly
called the Mass, with divers and sundry rites and ceremonies con-
cerning the same, and in the administration of other sacraments
of the Church : and as the doers and executors of the said rites
and ceremonies, in other form than of late years they have been
used, were pleased therewith, so others, not using the same rites
and ceremonies, were thereby greatly offended ;
And albeit the king's majesty, with the advice of his most en-
tirely beloved uncle, the lord protector, and other of his high-
ness's council, has heretofore divers times essayed to stay innova-
tions or new rites concerning the premises ; yet the same has not
had such good success as his highness required in that behalf:
Whereupon his highness by the most prudent advice aforesaid,
being pleased to bear with the frailty and weakness of his
subjects in that behalf, of his great clemency has not been only