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V

A. D.

realm, the Archbishop of Canterbury. This was CHAP done by an Act of Parliament [25 Hen. VIII. cap. 21] in 1533-4; which again was confirmed and extended by a later Act [28 Hen. VIII. cap. 16] passed in 1536.

1533-4

tion by

abolished

tion to

The first of these Acts is entitled, "The Act concerning Peter-Pence and Dispensations;" but Peter's-Pence had already ceased to be paid, and so little is said about them in the Act that the prominence given to them in its title must arise from the accident of their being mentioned in the introductory words. The Act does, in fact, sweep away All taxaall that remained of accustomed payments to the See Rome of Rome, but the enactment respecting them only occupies one-twentieth part of the enacting clauses, and nineteen-twentieths are enactments respecting Dispensations and other instruments of a like nature. A large proportion of these are technical, but the earlier part is very important. It enacts (1) That Applica neither the sovereign nor the subjects of this realm Rome for shall ever thereafter sue to the Pope, or to any of his deputies, for "Licenses, Dispensations, Compositions, tions, &c., Faculties, Grants, Rescripts, Delegacies, or any other Instruments or Writings, of what kind, name, nature, or quality soever they be of," for any cause whatever. (2) That such Dispensations, Faculties, Such docu&c., shall be henceforth granted to the sovereign and henceforth his subjects by the Archbishop of Canterbury, pro- foco the vided that nothing shall be so granted which is Archrepugnant to the law of God, or has not been customarily granted formerly by the Bishop of Rome. (3) In case any such Dispensations, &c., should be required which were of a novel kind, they are not to be granted by the Archbishop until he has obtained

Faculties,

Dispensa

ments

to come

bishop

V

A. D. 1533-4

CHAP a license for the purpose from the King or the Council. (4) All Dispensations, &c., so obtained from the Archbishop of Canterbury shall be as valid as if they had been obtained from the Bishop of Rome; the more important ones being confirmed Past acts under the great seal, and enrolled in Chancery. The of the Pope second Act was for the purpose of confirming all Papal Dispensations that were not contrary to law, and of establishing in their offices those ecclesiastics who had received them under authority from the See of Rome.

legalized

Church of England declared

to be

still catholic

The nineteenth clause of this Act about ecclesiastical jurisdiction is of great importance, containing a statutory declaration that it is not intended to force the Church of England into an uncatholic position, or to change its character as a sound branch of the Church. It as follows:

"Provided always, that this Act, nor any thing or things therein contained, shall be hereafter interpreted or expounded that your grace, your nobles and subjects intend by the same to decline or vary from the Congregation of Christ's Church in any things concerning the very articles of the Catholick faith of Christendom, or in any other things declared by Holy Scripture and the Word of God, necessary for your and their Salvations, but only to make an ordinance by policies necessary and convenient to repress vice, and for good conservation of this realm in peace, unity, and tranquillity, from rapine and spoil, ensuing much the old ancient customs of this realm in that behalf: not minding to seek for any relief, succours, or remedies for any worldly things and human laws, in any cause of necessity, but within this realm, at the hands of your highness, your heirs and successors, kings of this realm, which have, and ought to have, an imperial power and authority in the same, and not obliged in any worldly causes to any other superior."

This clause and the general tenor of this Act, as

V

A. D.

1533-4

well as of the Act of Appeals, make it clear that the CHAP intention of the Reformation was to transfer all jurisdiction that was of a spiritual kind to spiritual persons within the realm, and not to the Crown. It was a difficult undertaking, and possibly some over- Difficulty sights may have occurred which left open a door for the entrance of abuses in later days; but a great effort was made to legislate effectually on the subject, and in a Catholic spirit.

of prevent

ing abuses

from

arising

5. EDUCATION OF PUBLIC OPINION

Meanwhile measures were being taken for gaining the goodwill of the people at large towards the great constitutional reformation involved in the repudiation of the Papal jurisdiction. Some Privy Council memoranda of the year 1533 are preserved among the State Papers, which contain some curious evidence of the manner in which the pulpit was used for this purpose, and show what a powerful engine it was in the hands of those who could gain the clergy to their side on any great national question. The Tuning the pulpits bishops were to be sent for and spoken with separately as to their opinions, the crucial question being put to them whether the Pope was above a General Council, or the Council above him. Then those who could be persuaded to do so were to set forth, preach, and cause to be preached, that the Pope ought to be subordinate to a General Council, and that he had no legitimate jurisdiction in England. The "Paul's Cross" sermons are specially as to the named, and so also are the four orders of friars; and question it is particularly mentioned respecting the Friars

supremacy

V

A. D.

CHAP Observants, that they are not to preach at all if they refuse to preach as the Privy Council directs, the same rule being applied, indeed, to all other monks, and to parish priests, but the Franciscans seeming to offer special reasons for doubt.8

1533-4

Circulation of

Act of

Appeals

It was also ordered that the Act of Appeals should be set up in every parish church, and beside it the "provocations and appellations" which the King had made from the Pope to a General Council. The same documents were to be circulated widely abroad, especially in Flanders, on account of the Emperor's influence there. And, lest it should be thought that this opposition to the See of Rome emanated from the King alone, a letter was "to be conceived from all the nobles, as well spiritual as temporal, of this realm, unto the Bishop of Rome, declaring the wrongs, injuries, and usurpations used against the King's Highness and this realm." Another minute, Social poli- apparently of the same date, orders that a strict be made commandment be given to the mayor, aldermen, and common council of London, to "liberally speak at their boards" on the same subject, and to teach their servants to declare the same. A similar order to be issued to all country mayors, &c., and also to the nobility, who were to command their families to

ticians to

8 The Observants (Franciscans, Minors, or Grey Friars) were at one time great favourites with Henry VIII. He wrote in their favour to Leo X. on March 12, 1513, giving them the highest possible character for Christian poverty, sincerity, charity and devotion. [Ellis' Orig. Letters, III. i. 166].

Against this minute Cromwell has written in the margin, "Not

yet done, nor can well be done, before the Parliament." But the Acts of Council of Dec. 2nd [State Pap., i. 414] order a draft of a letter to be prepared, the Council first examining an old letter of a similar kind written in the time of Edward I.; and also the last letter which had been sent to the Pope. Such a letter will be found in the chapter treating of the divorce, page 157.

"bruit the same in all places where they shall CHAP come."1

V

Such a "tuning" of pulpits and official houses, A.D. 1534 and of the dining-tables of the great, has been succeeded in later days by the influence of the press, and by public meetings: but perhaps Henry VIII. and Cromwell must be considered as the first English rulers who recognised so fully the immense Force of power which is wielded by public opinion, and the first who took such definite and extensive measures for winning it over to their own side of a question."

public

opinion thus recog

nised

6. THEOLOGICAL REPUDIATION OF THE PAPAL
JURISDICTION

It will have been observed that the legislative acts by which the jurisdiction of the Pope was

1 State Pap., i. 411.

2 At a later period of his ministry Cromwell used this power still more extensively, and in a far less justifiable manner, for he caused ballads and tracts to be circulated of the most ribald and false character, and encouraged the Puritans to act blasphemous plays in the churches dedicated to the service of God. "This valiant soldier and captain of Christ, the aforesaid Lord Cromwell, as he was most studious of himself in a flagrant zeal to set forward the truth of the Gospel, seeking all means and ways to beat down false religion and to advance the true, so he always retained unto him and had about him such as could be found helpers and furtherers of the same; in the number of whom were sundry fresh and quick wits, pertaining to his family; by

S

whose industry and ingenious la-
bours, divers excellent ballads and
books were contrived and set abroad
concerning the suppression of the
Pope and all popish idolatry."
[Foxe, v. 403, ed. 1838.] These
ballads are of the most abominable
kind, full of immorality and
obscenity. Burnet also says that
"the political men of that party"
made great use of stage-plays and
interludes, which were often acted
in churches," encouraging them all
they could:" and that these plays
represented "the immoralities and
disorders of the clergy," and the
"pageantry of their worship."
[Burnet's Reform., i. 502, Po-
cock's ed.] The horrible coarseness
of such representations of immo-
rality, and the blasphemy of paro-
dying the Holy Eucharist in the
very house of God itself, seem not
to have struck these writers!

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