282 English Constitutional Documents
ness, the Lords spiritual and temporal, and the Commons in this
same present Parliament assembled, and by the authority of the
same, that an Act made in the Parliament begun at Westminster
the fourth day of November in the first year of the reign of the
late King Edward VI, and from thence continued to the twenty-
fourth day of December then next ensuing, that is to say, in the
first session of the same Parliament, entitled, An Act against such
Persons as should irreverently speak against the Sacrament of the
Body and Blood of Christ, commonly called the Sacrament of
the Altar, and for the receiving thereof in both kinds ; and also
one other Act in the same session, which is entitled, An Act for
the Election of Bishops, and what Seals and Styles they and other
spiritual Persons exercising Jurisdiction ecclesiastical should use ;
and also one other Act made in one other session of the said Par-
liament holden upon prorogation at Westminster the fourth day of
November in the second year of the reign of the said late King
Edward VI, and there continued and kept to the fourteenth day
of March in the third year of the said late king's reign, entitled,
An Act for the Uniformity of Service and Administration of the
Sacraments throughout the Realm ; and also one other Act made
in the session last before [named], which is entitled, An Act to
take away all positive Laws made against the Marriage of Priests ;
and also one other Act made in one other session bf the said Par-
liament holden upon prorogation at Westminster the fourth day
of November in the third year of the reign of the said late King
Edward VI, and there continued and kept to the first day of Feb-
ruary in the fourth year of his reign, entitled, An Act for the
abolishing and putting away of divers Books and Images; and also
one other Act made in the same session last before mentioned,
entitled, An Act made for the ordering of the ecclesiastical Minis-
ters ; and also one other Act made in one other session of the
said Parliament holden upon prorogation at Westminster the
twenty-third day of January in the fifth year of the reign of the said
late King Edward VI, and there continued and kept till the fifteenth
day of April in the sixth year of the reign of the said late king,
entitled, An Act for the Uniformity of Common Prayer and the
Administration of the Sacraments ; and one other Act made in
the same last session, entitled, An Act for the Keeping of Holy
Days and Fasting Days ; and one other Act made in the session
last recited, entitled, An Act made for the Declaration of a Statute
made for the Marriage of Priests and for the Legitimation of their
Children ; and every clause, sentence, branch, article, and articles
mentioned, expressed, or contained in the said statutes and every
Act for the Marriage of Queen Mary 283
of them shall be from henceforth utterly repealed, void, annihilated,
and of none effect, to all purposes, constructions, and intents ; any
thing or things contained or specified in the said statutes or any
of them to the contrary in any wise notwithstanding.
II. And be it further enacted by the authority aforesaid, that
all such divine service and administration of sacraments as were
most commonly used in the realm of England in the last year of
the reign of our late sovereign lord King Henry VIII shall be,
from and after the twentieth day of December in this present year
of our Lord God 1553, used and frequented throughout the
whole realm of England and all other the queen's majesty's do-
minions ; and that no other kind nor order of divine service nor
administration of sacraments be, after the said twentieth day of
December, used or ministered in any other manner, form, or
degree within the said realm of England, or other the queen's
dominions, than was most commonly used, ministered, and fre-
quented in the said last year of the reign of the said late King
Henry VIII.
III. And be it further enacted by the authority aforesaid, that
no person shall be impeached or molested in body or goods for
using heretofore, or until the said twentieth day of December, the
divine service mentioned in the said Acts or any of them, nor for
the using of the old divine service and administration of sacra-
ments, in such manner and form as was used in the Church of
England before the making of any of the said Acts.
164. Act for the Marriage of Queen Mary to
Philip of Spain
(1554. i Mary, sess. 3., c. 2. 4 S. R. 222.)
WHEREAS most instant suit hath been made to your most
excellent Majesty, on the behalf of the most noble and
most victorious prince Charles, emperor of Rome, &c., for mar-
riage to be had between your Highness, and his only son and
heir the noble prince Philip of Spain, &c. : whereupon to the
pleasure of Almighty God, to the comfort of your most noble
person, and to the great and singular honour, wealth, benefit and
commodity of this your realm of England, and of all us your most
humble and obedient subjects of the same, there hath passed and
been concluded in two sundry treaties, certain pacts and cove-
284 English Constitutional Documents
nants touching the said marriage, with dependances and circum-
stances of the same ; and in the one treaty these articles : first, it
is covenanted and agreed that as soon as conveniently may be,
true and perfect marriage, by words of the time present, shall
be contracted, solemnized and consummated in England, be-
tween the said most noble prince, and the said most virtuous
lady, the queen ; by force of which marriage so celebrated and
consummated, the said most noble prince Philip shall during
the said marriage have and enjoy jointly together with the said
most gracious queen his wife, the style, honour and kingly name
of the realms and dominions unto the said most noble queen ap-
pertaining, and shall aid her Highness, being his wife, in the
happy administration of her Grace's realms and dominions ; the
rights, laws, privileges and customs of the same realms and do-
minions being nevertheless preserved and maintained : and spe-
cially it is provided and covenanted, that the said most noble prince
shall permit and suffer the said most gracious queen his wife, to
have the whole disposition of all the benefices and offices, lands,
revenues and fruits of the said realms and dominions, and that
they shall be bestowed upon such as shall be naturally born in the
same ; and that all the matters of the said realms and dominions
shall be treated and maintained in the same tongues wherein oi
old they have been wont to be treated, and by the natural
born of the same realms : it is also covenanted that the same
most noble queen, by virtue of the aforesaid matrimony, shall be
admitted into the society of the realms and dominions of the said
most noble prince, as well such as he hath now presently, as such
other also as during the same matrimony may come hereafter unto
him ; and for her dower, in case that her Highness overlive the
said most noble prince her husband, she shall yearly receive three
score thousand pounds, after the value of forty groats, Flemish
money, to the pound ; the same to be allotted and appointed upon
all the realms, lands and patrimonial dominions, of the said most
victorious lord, the emperor, his father, * * * And lest that among
their children there might arise some strife for the succession,
and thereby disturb the fruit of perpetual concord that is hoped
shall ensue of this matrimony between the realms and dominions
of either party, the said succession shall be ordered in manner
and form following : first, that as touching the right of the
mother's inheritance in the realm of England, and the other
realms and dominions depending of the same, the children as
well males as females that shall be born of this matrimony shall
succeed in them, according to the laws, statutes and customs of
Act for the Marriage of Queen Mary 285
the same : and as touching the lands that the said most noble
prince shall leave behind him ; first, there shall be reserved unto
his eldest son the lord Charles of Austria, Infante of Spain, and
to the children and heirs of him descending, as well females as
males, all and singular their rights which to the said prince do
either now or hereafter shall belong, and shall at any time by the
death either of the noble queen his grandame, or the most vic-
torious emperor Charles the Fifth his father, (which God long
defer), be devolved unto him in the realms of Spain, of both the
Sicilies, with all their appurtenances, in the dukedom of Milan,
and other lands and dominions in Lombardy and Italy, whatso-
ever name and title they have, which nevertheless shall be bur-
dened and charged with the aforesaid dower of sixty thousand
pounds ; in which realms, lands and dominions the children of
this present matrimony shall pretend nothing so long as the said
lord Charles the Infante, or any issue of his body lawfully begot-
ten, do live : but if it fortune the same lord Charles to die, and
the issue of his body to fail, then and in that case the eldest
son of this matrimony shall be admitted into the said right, and
according to the nature, laws, and customs of the said realms and
dominions shall succeed : the same eldest son shall also succeed
in all the dukedoms, earldoms, dominions and patrimonial lands
belonging unto the said lord the emperor, as well in Burgundy as
in the lower Germany * * * Provided nevertheless and ex-
pressly reserved in all and singular the above declared cases of
succession, that whatsoever he or she be that shall succeed to
them, they shall leave to every of the said realms, lands and do-
minions whole and entire their privileges, rights and customs,
and the same realms and dominions shall administer and cause to
be administered by the natural born of the same realms, domin-
ions and lands, and in all things faithfully procure their utility
and quiet, and shall rule and nourish them in good justice and
peace, according to their statutes and customs : finally, that be-
tween the said emperor, the prince and his successors, their
realms and dominions whatsoever, and the said most gracious
queen and her realms and dominions, there shall be from hence-
forth an entire and sincere fraternity, unity and most strait
confederacy, forever (God willing) happily to endure, so as they
shall mutually one of them aid another in all things which to
themselves and their honour, and to the conservation of their
heirs and successors shall be most agreeable, according to the
strength, form and effect of the latter treaty of a strait amity,
bearing date at Westminster the year of our Lord God one
286 English Constitutional Documents
thousand five hundred forty and two, the declaration of which
treaty beareth- date at Utrecht the sixteenth day of January in the
year of our Lord God one thousand five hundred forty and six.
And in one other treaty these articles following : first, that the
said most noble prince shall not promote, admit or receive to any
office, administration or benefice in the said realm of England, and
the dominions thereunto belonging, any stranger or person not
born under the dominion and subjection of the said most noble
queen of England : that the said most noble prince shall receive
and admit into the service of his household and court gentlemen
and yeomen of the same realm of England in a convenient
number, and shall esteem, entertain and nourish them as his
proper subjects, and shall bring none in his retinue, nor have none
with him that will do any displeasure or wrong to the subjects of
the said realm ; and if they do, he shall take order to correct
them with condign punishment and see them expelled his court :
that the said most noble prince shall do nothing whereby any-
thing be innovated in the state and right, either public or private,
or in the laws and customs of the said realm of England or the
dominions thereunto belonging ; but shall contrary wise, confirm
and keep to all estates and orders their rights and privileges : that
the said lord prince shall not lead away the aforesaid most noble
lady the queen, out of the borders of her Highness' realm, unless
she herself desire it, nor carry the children that shall be born of
this matrimony out of the same realm of England, but, to the hope
of succession to come, shall there suffer them to be nourished and
brought up, unless it shall be otherwise thought good by the con-
sent and agreement of the nobility of England ; and in case that
no children being left, the said most noble queen do die before
him, the said lord prince shall not challenge any right at all in the
said kingdom, but without any impediment shall permit the suc-
cession thereof to come unto them to whom it shall belong and
appertain by the right and laws of the said realm : item, that the
said most noble prince shall not bear or carry over out of the
aforesaid realm, the jewels and precious things of estimation,
neither shall he alienate or do away any whit of the appurtenances
of the said realm of England, or suffer any part of them to be
usurped by his subjects or any other ; but shall see that all and
singular places of the realm, and specially the forts and frontiers
of the same, be faithfully kept and preserved to the use and profit
of the said realm and by the natural born of the same ; he shall
not suffer any ship, guns, ordnances whatsoever of war or defence
to be removed or conveyed out of the said realm, but shall con-
Act for the Marriage of Queen Mary 287
nary wise cause them diligently to be kept and renewed when
need requireth, and shall so provide that the same may always be
ready in their strength and force for the defence of the realm :
item, that the realm of England, by occasion of -this matrimony,
shall not directly or indirectly be entangled with the war that is
between the most victorious lord the emperor, father unto the
said lord prince, and Henry, the French king, but he the said
lord Philip, as much as shall lie in him, on the behalf of the said
realm of England, shall see the peace between the said realms of
France and England observed, and shall give no cause of any
breach ; * * * so it may also please your Majesty for the more
perfect corroboration and strength of the said articles, grants,
pacts and agreements, and to the intent that the same may be
the more inviolably observed and kept, that it may be enacted by
the authority of this present parliament, that all and singular the
said articles, covenants, grants, pacts, treaties and agreements,
had, made and concluded for and concerning the said marriage
between your Highness and the said prince of Spain, and all and
singular the dependances thereof before rehearsed, shall imme-
diately after the said marriage had and solemnized, stand, remain
and abide in perfect force and efficacy, according to the effect,
sense and true meaning of the said treaty.
II. And where among other the articles above remembered, it
is agreed, that the said most noble prince shall, during the said
marriage, have and enjoy jointly together with your Majesty, the
style, honour and kingly name of the said realms and dominions to
your Highness appertaining, and shall also aid your Highness
being his wife in the happy administration of your realms and
dominions, the rights, laws, privileges and customs of the said
realms and dominions being nevertheless reserved and maintained ;
and where also it is provided, covenanted and agreed among
other the said articles in the said treaty by and on the behalf of
the said most noble prince, that the said most noble prince shall
permit and suffer your most excellent Majesty to have the whole
disposition of all the benefices and offices, lands, revenues, and
fruits of the said realms and dominions, and that the said most
noble prince shall not do anything whereby the estate and right,
either public or private, or the laws and customs of the said realm
of England, or the dominions thereunto belonging be innovated :
for the more express explanation and declaration of the premises,
we your faithful, loving and obedient subjects, do most humbly
beseech your Highness that it may be provided, enacted and
established by the authority of this present parliament, that your
288 English Constitutional Documents
Majesty as our only queen, shall and may solely and as a sole
queen, use, have and enjoy the crown and sovereignty of and
over your realms, dominions and subjects, with all the preemi-
nences, prerogatives, dignities, authorities, jurisdictions, honours,
castles, manors, lands, tenements and hereditaments belonging
to the same, in such sole and only estate and in as large and ample
manner and form in all degrees, acts, exercises and conditions,
from and after the solemnization of the said marriage, and at all
times during the same, which God grant long to continue and
endure, as your Highness now hath, useth, exerciseth and enjoyeth
the same, and as your Grace hath had, used, exercised and
enjoyed, or might have had, used or enjoyed the same before the
solemnization of the said marriage ; without any right, title, estate,
claim or demand to be given, come or grow unto the said most
noble prince as tenant by the courtesy of this realm, or in or by
any other means by force of the said marriage, of, in and to your
said imperial crown, sovereignty, realms, dominions, subjects, pre-
eminences, prerogatives, dignities, authorities, jurisdictions, honours,
castles, manors, lands, tenements and hereditaments belonging to
the same, by any laws, usage or custom whatsoever ; the said mar-
riage or any statute, custom, prescription or other thing to the
contrary in any wise notwithstanding.
III. And yet nevertheless that it may be enacted, ordained and
established by the authority of this present parliament, that all
and singular gifts, grants, letters patents, exchanges, confirmations,
leases and other writings, which after the said marriage and dur-
ing the same shall pass and be made of the said benefices, offices,
lands, revenues and fruits or any of them, shall be entitled, set
forth and made in the names of the said most noble prince and
of your most excellent Majesty, whether the said most noble
prince shall be present within the said realms and dominions or
within any of them, or absent : and the same gifts, grants, letters
patents, exchanges, confirmations, leases and other writings, so set
forth and made, shall be signed and firmed with the sign manual
of your Highness ; and the same so signed, and sealed with the
great seal of this realm, or with such seal as hath been accustomed,
shall be by authority of this present parliament deemed, adjudged,
declared and pronounced to be as good, perfect and of like force,
strength and effect in the law, to all intents, constructions and pur-
poses, against the said most noble prince, and against your High-
ness your heirs and successors, as if your excellent Majesty had
been at the time of the making thereof sole and unmarried. * * *
IV. And that it may be also further enacted, ordained and
Revival of the Heresy Acts 289
established by the authority aforesaid, that all commissions,
instructions, pardons, writs of summons, prorogations or dissolu-
tions of parliaments, royal assents, adjournments of terms, original
writs and other process, instruments, licenses, judicial acts and all
manner writings, other than the said gifts, grants, letters patents,
exchanges, confirmations, leases and other writings concerning or
in any wise touching the said benefices, offices, lands, revenues
and fruits or any of them, after the said marriage, and during the
time of the same, whether the said most noble prince shall be
present within the said realms and dominions, or within any of
them, or absent, after the signing by your Majesty of the warrants
or writings of them heretofore used to be signed, shall pass, be set
forth and made from time to time in the names of the said most
noble prince, and your most excellent Highness, by such officers
and ministers and in such manner, form and order as hath been
used and accustomed to pass, be set forth and made in the time
or times of your Grace's most noble progenitors or any of them ;
and shall be by the authority of this present parliament, of the same
and like force, strength and effect in the law to all intents, con-
structions and purposes, as if your most excellent Majesty were
then sole and not married : the said marriage or any law, usage or
custom to the contrary in any wise notwithstanding.
165. Revival of the Heresy Acts
(1554. i & 2 Philip and Mary, c. 6. 4 S. R. 244. G. and H. 384.)
"C*OR the eschewing and avoiding of errors and heresies, which
A of late have risen, grown, and much increased within this
realm, for that the ordinaries have wanted authority to proceed
against those that were infected therewith : be it therefore ordained
and enacted by authority of this present Parliament, that the stat-
ute made in the fifth year of the reign of King Richard II., con-
cerning the arresting and apprehension of erroneous and heretical
preachers, and one other statute made in the second year of the
reign of King Henry IV., concerning the repressing of heresies
and punishment of heretics, and also one other statute made in
the second year of the reign of King Henry V., concerning the
suppression of heresy and Lollardy, and every article, branch, and
sentence contained in the same three several Acts, and every of
290 English Constitutional Documents
them, shall from the twentieth day of January next coming be
revived, and be in full force, strength, and effect to all intents,
constructions, and purposes for ever.
1 66. Second Act of Repeal of Mary
(1554. I & 2 Philip and Mary, c. 8. 4 5. R. 246. The whole act reprinted in
G. and H. 385-415-)
WHEREAS since the twentieth year of King Henry VIII. of
famous memory, father unto your majesty our most natural
sovereign and gracious lady and queen, much false and erroneous
doctrine has been taught, preached, and written, partly by divers
the natural-born subjects of this realm, and partly being brought
in hither from sundry other foreign countries, has been sown and
spread abroad within the same :
By reason whereof, as well the spiritualty as the temporalty
of your highness's realms and dominions have swerved from the
obedience of the See Apostolic, and declined from the unity of
Christ's Church, and so have continued, until such time as your
majesty being first raised up by God, and set in the seat royal
over us, and then by His divine and gracious providence knit in
marriage with the most noble and virtuous prince the king our
sovereign lord your husband, the pope's holiness and the See
Apostolic sent hither unto your majesties (as unto persons unde-
nted, and by God's goodness preserved from the common infec-
tion aforesaid) and to the whole realm, the most reverend father
in God, the lord Cardinal Pole, legate de Latere, to call us home
again into the right way from whence we have all this long while
wandered and strayed abroad;
And we, after sundry long and grievous plagues and calamities,
seeing by the goodness of God our own errors, have acknowl-
edged the same unto the said most reverend father, and by
him have been and are the rather at the contemplation of your
majesties received and embraced into the unity and bosom of
Christ's Church, and upon our humble submission and promise
made for a declaration of our repentance, to repeal and abrogate
such Acts and statutes as had been made in Parliament since the
said twentieth year of the said King Henry VIII., against the
supremacy of the See Apostolic, as in our submission exhibited to
Second Act of Repeal of Mary 291
the said most reverend father in God by your majesties appears :
the tenor whereof ensues :
II. We the Lords spiritual and temporal, and the Commons,
assembled in this present Parliament, representing the whole
body of the realm of England, and the dominions of the same, in
the name of ourselves particularly, and also of the said body
universally, in this our supplication directed to your majesties, with
most humble suit, that it may by your grace's intercession and
mean be exhibited to the most reverend father in God, the lord
Cardinal Pole, legate, sent specially hither from our most holy
father the Pope Julius III and the See Apostolic of Rome, do
declare ourselves very sorry and repentant of the schism and dis-
obedience committed in this realm and dominions aforesaid