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Select documents of English constitutional history

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against the said See Apostolic, either by making, agreeing, or exe-
cuting any laws, ordinances, or commandments against the suprem-
acy of the said see, or otherwise doing or speaking, that might
impugn the same : offering ourselves, and promising by this our
supplication, that for a token and knowledge of our said repent-
ance we be and shall be always ready, under and with the
authorities of your majesties, to the uttermost of our powers, to do
that shall lie in us for the abrogation and repealing of the said laws
and ordinances in this present Parliament, as well for ourselves
as for the whole body whom we represent : whereupon we most
humbly desire your majesties, as personages undefiled in the
offence of this body towards the said see, which nevertheless God
by His providence has made subject to you, to set forth this our
most humble suit, that we may obtain from the See Apostolic, by
the said most reverend father, as well particularly and generally,
absolution, release, and discharge from all danger of such cen-
sures and sentences, as by the laws of the Church we be fallen
into ; and that we may as children repentant be received into the
bosom and unity of Christ's Church, so as this noble realm, with
all the members thereof, may in this unity and perfect obedience
to the See Apostolic and popes for the time being, serve God and
your majesties, to the furtherance and advancement of His honour
and glory. We are at the intercession of your majesties, by the
authority of our holy father Pope Julius III and of the See Apos-
tolic, assoiled, discharged, and delivered from excommunications,
interdictions, and other censures ecclesiastical, which have hanged
over our heads for our said defaults since the time of the said
schism mentioned in our supplication : it may now like your
rmjesties, that for the accomplishment of our promise made in the
said supplication, that is, to repeal all laws and statutes made con-



292 English Constitutional Documents

trary to the said supremacy and See Apostolic, during the said
schism, the which is to be understood since the twentieth year of
the reign of the said late King Henry VIII, and so the said lord
legate does accept and recognize the same.



XXV. And where we your most humble subjects, the Lords
spiritual and temporal, and Commons, in this present Parliament
assembled, have exhibited to your majesties one other supplica-
tion in form following : We the Lords spiritual and temporal, and
the Commons, in this present Parliament assembled, representing
the whole body of this realm, reduced and received by your majes-
ties' intercession to the unity of Christ's Church, and the obedience
of the See Apostolic of Rome, and the pope's holiness governing
the same, make most humble suit unto your majesties to be like-
wise means and intercessors, that all occasions of contention,
hatred, grudge, suspicion, and trouble, both outwardly and in-
wardly in men's consciences, which might arise amongst us by
reason of disobedience, may by authority of the pope's holiness,
and by ministration of the same unto us by the most reverend
father in God the lord Cardinal Pole, by dispensation, toleration,
or permission respectively, as the case shall require, be abolished
and taken away, and by authority sufficient these articles follow-
ing, and generally all others, when occasion shall so require, may
be provided for and confirmed :

XXVI. First, that all bishoprics, cathedral churches, hospitals,
colleges, schools, and other such foundations now continuing,
made by authority of Parliament, or otherwise established accord-
ing to the order of the laws of this realm, since the schism, may
be confirmed and continued for ever.

XXVII. Item, that marriages made infra gradus prohibitos
consanguinitatis, affinitatis, cognationis spiritualis , or which might
be made void propter impedimentum publics honestatis, justitice,
or for any other cause prohibited by the canons only, may be
confirmed, and children born of those marriages declared legiti-
mate, so as those marriages were made according to the laws of
the realm for the time being, and be not directly against the laws
of God, nor in such case as the See Apostolic has not used to
dispense withal.

XXVIII. That institutions of benefices, and other promotions
ecclesiastical, and dispensations made according to the form of
the Act of Parliament, may be likewise confirmed.

XXIX. That all judicial processes made before any ordinaries of



Second Act of Repeal of Mary 193

this realm, or before any delegates upon any appeals, according
to the order of the laws of the realm, may be likewise ratified and
confirmed.

XXX. And finally, where certain Acts and statutes have been
made in the time of the late schism, concerning the lands and
hereditaments of archbishoprics and bishoprics, the suppression
and dissolution of monasteries, abbeys, priories, chantries, col-
leges, and all other the goods and chattels of religious houses ;
since the which time the right and dominion of certain lands
and hereditaments, goods, and chattels, belonging to the same,
be dispersed abroad, and come to the hands and possessions of
divers and sundry persons, who by gift, purchase, exchange, and
other means, according to the order of the laws and statutes of
this realm for the time being, have the same : for the avoiding all
scruples that might grow by any the occasions aforesaid, or by any
other ways or means whatsoever, it may please your majesties to
be intercessors and mediators to the said most reverend father
Cardinal Pole, that all such causes and quarrels, as by pretence
of the said schism, or by any other occasion or mean whatsoever,
might be moved by the pope's holiness or See Apostolic, or by
any other jurisdiction ecclesiastical, may be utterly removed and
taken away ; so as all persons having sufficient conveyance of the
said lands and hereditaments, goods, and chattels as is aforesaid,
by the common laws, acts, or statutes of this realm, may, without
scruple of conscience, enjoy them without impeachment or
trouble by pretence of any general council, canons, or ecclesias-
tical laws, and clear from all dangers of the censures of the
Church.



XXXIII. And therefore be it enacted by the authority of this
present Parliament, that all and singular articles and clauses con-
tained in the said dispensation, as well touching the establishment
of bishoprics and cathedral churches, as also the confirmation
of marriages in degrees prohibited by the canons of the Church,
the legitimation of children, and the ratification of processes, and
of sentences in matters ecclesiastical, touching the invalidity of
them for want of jurisdiction, and the institutions and destitutions
of and in benefices and promotions ecclesiastical, dispensations
and graces given by such order as the public laws of the realm
then approved, and all other things before contained in the said
letters of dispensation, shall remain and be reputed and taken to
all intents and constructions in the laws of this realm, lawful, good,



294 English Constitutional Documents

and effectual, to be alleged and pleaded in all courts ecclesias-
tical and temporal, for good and sufficient matter, either for the
plaintiff or defendant, without any allegation or objection to be
made against the validity of them, by pretence of any general
council, canon, or decree to the contrary made, or to be made,
in that behalf.

XXXIV. And whereas divers and sundry late monasteries,
priories, commanderies, nunneries, deaneries, prebends, colleges,
hospitals, houses of friars, chantries, and other religious and
ecclesiastical houses and places, and the manors, granges, mes-
suages, lands, tenements, rectories, tithes, pensions, portions, vic-
arages, churches, chapels, advowsons, nominations, patronages,
annuities, rents, reversions, services, and other possessions and
hereditaments to the 'said late monasteries, priories, nunneries,
commanderies, deaneries, chantries, prebends, houses of friars,
colleges, hospitals, and other religious and ecclesiastical houses
and places, and to sundry archbishoprics and bishoprics, within
this realm, late appertaining and belonging, came as well to the
hands and possession of the said king of famous memory, Henry
VIII, father unto your majesty, our said sovereign lady, by disso-
lution, gift, grant, surrender, attainder, or otherwise, as also to the
hands and possession of divers and sundry other persons and
bodies politic and corporate, by sundry means, conveyances, and
assurances, according to the order of the laws and statutes of this
realm.

XXXV. And where also divers manors, lands, tenements, and
hereditaments, parcel of the possession of archbishoprics and
bishoprics, and many and sundry late deaneries, colleges, chan-
tries, rectories, prebends, free chapels, guilds and fraternities,
manors, houses, granges, lands, tenements, rents, services, and
other ecclesiastical possessions and hereditaments, goods and
chattels, to the said archbishoprics, bishoprics, deaneries, col-
leges, chantries, free chapels, rectories, guilds, and fraternities,
late appertaining and belonging, or appointed to and for the find-
ing of priests, obits, lights, or other like purpose, came as well to
the hands and possession of the late noble king, Edward VI,
brother unto your majesty [our] sovereign lady, by virtue of an
Act of Parliament thereof made, or otherwise, as also to the hands
and possession of divers and sundry other persons and bodies
politic and corporate, by sundry means, conveyances, and assur-
ances, according to the order of the laws of this realm ; a great
number of which said late monasteries, priories, nunneries, com-
manderies, deaneries, colleges, hospitals, prebends, chantries,



Second Act of Repeal of Mary 295

free chapels, guilds, and fraternities, and the manors, granges,
messuages, lands, tenements, rents, reversions, services, tithes,
pensions, portions, vicarages, churches, chapels, advowsons, nom-
inations, patronages, annuities and hereditaments, goods and
chattels, to the said monasteries, priories, nunneries, command-
cries, deaneries, colleges, hospitals, chantries, free chapels, guilds,
fraternities, and other ecclesiastical houses, archbishoprics, and
bishoprics belonging, as well for great sums of money, as for other
good and reasonable causes and considerations, have been con-
veyed and assured to divers the subjects and bodies politic of this
realm, as well by the said King Henry VIII, the said King
Edward VT, and by your highness our sovereign lady, and jointly
by both your majesties, as also by divers the owners of the said
ecclesiastical possessions ; which said conveyances and assurances,
by their sundry letters patent, and other writings more plainly
do and may appear :

Forasmuch as the said most reverend father has also by the said
dispensations removed and taken away all matter of impeachment,
trouble, and danger, which by occasion of any general council,
canon, or decree ecclesiastical, might touch and disquiet the pos-
sessions of such goods moveable, lands, tenements, possessions,
and hereditaments as were of late belonging to any of the said
archbishoprics, bishoprics, monasteries, priories, nunneries, com-
manderies, deaneries, colleges, chantries, prebends, rectories, hos-
pitals, houses of friars, or other religious and ecclesiastical houses
and places, of what nature, name, kind, or quality soever they be
of; yet for that the title of all lands, possessions, and heredita-
ments, in this your majesties' realm and dominions, is grounded
in the laws, statutes, and customs of the same, and by your high
jurisdiction, authority royal, and crown imperial, and in your
courts only, to be impleaded, ordered, tried, and judged, and none
otherwise ; and understanding that the whole, full, and most gra-
cious intents, mind, and determination of your most excellent
majesties be, that all and every person and persons, bodies politic
and corporate, their heirs, successors, and assigns, and every of
them, shall have, keep, retain, and enjoy all and every their estates,
rights, possessions, and interests that they, and every of them, now
have, or hereafter shall have, of and in all and every the manors,
granges, messuages, lands, tenements, tithes, pensions, portions,
advowsons, nominations, patronages, annuities, rents, reversions,
services, hundreds, wapentakes, liberties, franchises, and other the
possessions and hereditaments of the said monasteries, abbeys,
priories, nunneries, commanderies, deaneries, colleges, prebends,



296 English Constitutional Documents

houses of friars, hospitals, chantries, rectories, vicarages, churches,
chapels, archbishoprics, bishoprics, and other religious or ecclesias-
tical houses or places, or of any of them, within this realm or the
dominions of the same, by such laws and statutes as were in force
before the first day of this present Parliament, and by other lawful
conveyances to them thereof made :

XXXVI. That it may be enacted * * *



167. The Act of Supremacy

(1559. I Elizabeth, c. I. 4 S. J?. 350. The whole act reprinted in G. and
H. 442-458-)

MOST humbly beseech your most excellent majesty, your faith-
ful and obedient subjects, the Lords spiritual and temporal,
and the Commons, in this your present Parliament assembled, that
where in time of the reign of your most dear father, of worthy
memory, King Henry VIII, divers good laws and statutes were
made and established, as well for the utter extinguishment and
putting away of all usurped and foreign powers and authorities out
of this your realm, and other your highness's dominions and coun-
tries, as also for the restoring and uniting to the imperial crown
of this realm the ancient jurisdictions, authorities, superiorities, and
pre-eminences to the same of right belonging and appertaining, by
reason whereof we, your most humble and obedient subjects, from
the five-and-twentieth year of the reign of your said dear father,
were continually kept in good order, and were disburdened of
divers great and intolerable charges and exactions before that
time unlawfully taken and exacted by such foreign power and
authority as before that was usurped, until such time as all the said
good laws and statutes, by one Act of Parliament made in the first
and second years of the reigns of the late King Philip and Queen
Mary, your highness's sister, entitled, An Act repealing all statutes,
articles, and provisions made against the See Apostolic of Rome
since the twentieth year of King Henry VIII, and also for the
establishment of all spiritual and ecclesiastical possessions and
hereditaments conveyed to the laity, were all clearly repealed and
made void, as by the same Act of repeal more at large does
and may appear; by reason of which Act of repeal, your said
humble subjects were eftsoons brought under an usurped foreign



The Act of Supremacy 297

power and authority, and do yet remain in that bondage, to the
intolerable charges of your loving subjects, if some redress, by the
authority of this your High Court of Parliament, with the assent
of your highness, be not had and provided :

II. May it therefore please your highness, for the repressing of
the said usurped foreign power and the restoring of the rights,
jurisdictions, and pre-eminences appertaining to the imperial crown
of this your realm, that it may be enacted by the authority of this
present Parliament, that the said Act made in the said first and
second years of the reigns of the said late King Philip and Queen
Mary, and all and every branches, clauses, and articles therein con-
tained (other than such branches, clauses, and sentences as here-
after shall be excepted) may, from the last day of this session of
Parliament, by authority of this present Parliament, be repealed,
and shall from thenceforth be utterly void and of none effect.

XVI. And to the intent that all usurped and foreign power
and authority, spiritual and temporal, may for ever be clearly
extinguished, and never to be used or obeyed within this realm,
or any other your majesty's dominions or countries, may it please
your highness that it may be further enacted by the authority
aforesaid, that no foreign prince, person, prelate, state, or poten-
tate, spiritual or temporal, shall at any time after the last day of
this session of Parliament, use, enjoy, or exercise any manner of
power, jurisdiction, superiority, authority, pre-eminence or privi-
lege, spiritual or ecclesiastical, within this realm, or within any
other your majesty's dominions or countries that now be, or here-
after shall be, but from thenceforth the. same shall be clearly
abolished out of this realm, and all other your highness's dominions
for ever; any statute, ordinance, custom, constitutions, or any
other matter or cause whatsoever to the contrary in any wise not-
withstanding.

XVII. And that also it may likewise please your highness, that
it may be established and enacted by the authority aforesaid, that
such jurisdictions, privileges, superiorities, and pre-eminences,
spiritual and ecclesiastical, as by any spiritual or ecclesiastical
power or authority hath heretofore been, or may lawfully be exer-
cised or used for the visitation of the ecclesiastical state and
persons, and for reformation, order, and correction of the same,
and of all manner of errors, heresies, schisms, abuses, offences,
contempts, and enormities, shall for ever, by authority of this
present Parliament, be united and annexed to the imperial crown
of this realm.



298 English Constitutional Documents

XVIII. And that your highness, your heirs and successors, kings
or queens of this realm, shall have full power and authority by
virtue of this Act, by letters patent under the great seal of Eng-
land, to assign, name, and authorize, when and as often as your
highness, your heirs or successors, shall think meet and conven-
ient, and for such and so long time as shall please your high-
ness, your heirs or successors, such person or persons being
natural-born subjects to your highness, your heirs or successors,
as your majesty, your heirs or successors, shall think meet, to exer-
cise, use, occupy, and execute under your highness, your heirs
and successors, all manner of jurisdictions, privileges, and pre-
eminences, in any wise touching or concerning any spiritual or
ecclesiastical jurisdiction, within these your realms of England and
Ireland, or any other your highness's dominions or countries ; and
to visit, reform, redress, order, correct, and amend all such errors,
heresies, schisms, abuses, offences, contempts, and enormities what-
soever, which by any manner of spiritual or ecclesiastical power,
authority, or jurisdiction, can or may lawfully be reformed,
ordered, redressed, corrected, restrained, or amended, to the
pleasure of Almighty God, the increase of virtue, and the con-
servation of the peace and unity of this realm ; and that such
person or persons so to be named, assigned, authorized, and
appointed by your highness, your heirs or successors, after the said
letters patent to him or them made and delivered, as is aforesaid,
shall have full power and authority, by virtue of this Act, and of
the said letters patent, under your highness, your heirs and suc-
cessors, to exercise, use, and execute all the premises, according
to the tenor and effect of the said letters patent ; any matter or
cause to the contrary in any wise notwithstanding.

XIX. And for the better observation and maintenance of this
Act, may it please your highness that it may be further enacted by
the authority aforesaid, that all and every archbishop, bishop, and
all and every other ecclesiastical person, and other ecclesiastical
officer and minister, of what estate, dignity, pre-eminence, or
degree soever he or they be or shall be, and all and every tem-
poral judge, justice, mayor, and other lay or temporal officer and
minister, and every other person having your highness's fee or
wages, within this realm, or any your highness's dominions, shall
make, take, and receive a corporal oath upon the evangelist,
before such person or persons as shall please your highness,
your heirs or successors, under the great seal of England to assign
and name, to accept and to take the same according to the tenor
and effect hereafter following, that is to say :



The Act of Supremacy 299

' I, A. B., do utterly testify and declare in my conscience, that
the queen's highness is the only supreme governor of this realm,
and of all other her highness's dominions and countries, as well in
all spiritual or ecclesiastical things or causes, as temporal, and that
no foreign prince, person, prelate, state or potentate, hath, or ought
to have, any jurisdiction, power, superiority, pre-eminence, or
authority, ecclesiastical or spiritual, within this realm ; and there-
fore I do utterly renounce and forsake all foreign jurisdictions,
powers, superiorities, and authorities, and do promise that from
henceforth I shall bear faith and true allegiance to the queen's
highness, her heirs and lawful successors, and to my power shall
assist and defend all jurisdictions, pre-eminences, privileges, and
authorities granted or belonging to the queen's highness, her
heirs and successors, or united and annexed to the imperial
crown of this realm. So help me God, and by the contents of
this book.'

XX. And that it may be also enacted, that if any such arch-
bishop, bishop, or other ecclesiastical officer or minister, or any of
the said temporal judges, justiciaries, or other lay officer or min-
ister, shall peremptorily or obstinately refuse to take or receive
the said oath, that then he so refusing shall forfeit and lose, only
during his life, all and every ecclesiastical and spiritual promotion,
benefice, and office, and every temporal and lay promotion and
office, which he has solely at the time of such refusal made ; and
that the whole title, interest, and incumbency, in every such pro-
motion, benefice, and other office, as against such person only so
refusing, during his life, shall clearly cease and be void, as though
the party so refusing were dead.

XXI. And that also all and every such person and persons so
refusing to take the said oath, shall immediately after such refusal
be from thenceforth, during his life, disabled to retain or exercise
any office or other promotion which he, at the time of such re-
fusal, has jointly, or in common, with any other person or persons.

XXII. And that all and every person and persons, that at any
time hereafter shall be preferred, promoted, or collated to any
archbishopric or bishopric, or to any other spiritual or ecclesiasti-
cal benefice, promotion, dignity, office, or ministry, or that shall
be by your highness, your heirs or successors, preferred or pro-
moted to any temporal or lay office, ministry, or service within
this realm, or in any your highness's, dominions, before he or
they shall take upon him or them to receive, use, exercise, supply,
or occupy any such archbishopric, bishopric, promotion, dignity,
office, ministry, or service, shall likewise make, take, and receive



300 English Constitutional Documents

the said corporal oath before mentioned, upon the evangelist,
before such persons as have or shall have authority to admit any
such person to any such office, ministry, or service, or else before
such person or persons as by your highness, your heirs or succes-
sors, by commission under the great seal of England, shall be
named, assigned, or appointed to minister the said oath.

XXIII. And that it may likewise be further enacted by the
authority aforesaid, that if any such person or persons, as at any
time hereafter shall be promoted, preferred, or collated to any
such promotion spiritual or ecclesiastical, benefice, office, or min-
istry, or that by your highness, your heirs or successors, shall be
promoted or preferred to any temporal or lay office, ministry, or
service, shall and do peremptorily and obstinately refuse to take
the same oath so to him to be offered ; that then he or they so
refusing shall presently be judged disabled in the law to receive,
take, or have the same promotion spiritual or ecclesiastical, the
same temporal office, ministry, or service within this realm, or
any other your highness's dominions, to all intents, constructions,
and purposes.

XXIV. And that it may be further enacted by the authority
aforesaid, that all and every person and persons temporal, suing
livery or ouster le main out of the hands of your highness, your

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