ACT FORBIDDING PAPAL DISPENSATIONS
AND THE PAYMENT OF PETER'S PENCE,
A.D. 1534.
25 HENRY VIII, CAP. 21.
[Transcr. Statutes of the Realm,
iii. 464.]
Most humbly beseeching your most royal
majesty, your obedient and faithful subjects, the Commons of this your
present Parliament assembled, by your most dread commandment, that
where your subjects of this your realm, and of other countries and
dominions, being under your obeisance, by many years past have
been, and yet be greatly decayed and impoverished, by such intolerable
exactions of great sums of money as have been claimed and taken, and
yet continually be claimed to be taken out of this your realm, and
other your said countries and dominions, by the Bishop of Rome, called
the pope, and the see of Rome, as well in pensions, censes,
Peter-pence, procurations, fruits, suits for provisions, and
expeditions of bulls for archbishoprics and bishoprics, and for
delegacies, and rescripts in causes of contentions and appeals,
jurisdictions legatine, and also for dispensations, licences,
faculties, grants, relaxations, writs called perinde valere, rehabilitations,
abolitions, and other infinite sorts of bulls, briefs, and instruments
of sundry natures, names, and kinds, in great numbers heretofore
practised and obtained otherwise than by the laws, laudable uses, and
customs of this realm should be permitted, the specialties whereof be
over long, large in number, and tedious here particularly to be
inserted; wherein the Bishop of Rome aforesaid has not been only to be
blamed for his usurpation in the premises, but also for his abusing and
beguiling your subjects, pretending and persuading to them that he has
full power to dispense with all human laws, uses, and customs of all
realms, in all causes which be called spiritual, which matter has been
usurped and practised by him and his predecessors by many years, in
great derogation of your imperial crown and authority royal, contrary
to right and conscience:
For where this your grace's realm recognizing
no superior under God, but only your grace, has been and is free from
subjection to any man's laws, but only to such as have been devised,
made, and ordained within this realm, for the wealth of the same, or to
such other as, by sufferance of your grace and your progenitors,
the people of this your realm have taken at their free liberty, by
their own consent to be used amongst them, and have bound themselves by
long use and custom to the observance of the same, not as to the
observance of the laws of any foreign prince, potentate, or prelate,
but as to the accustomed and ancient laws of this realm, originally
established as laws of the same, by the said sufferance, consents, and
custom, and none otherwise:
It stands therefore with natural equity and
good reason, that in all and every such laws human made within this
realm, or induced into this realm by the said sufferance, consents, and
custom, your royal majesty, and your lords spiritual and temporal, and
Commons, representing the whole state of your realm, in this your most
High Court of Parliament, have full power and authority, not only to
dispense, but also to authorize some elect person or persons to
dispense with those, and all other human laws of this your realm, and
with every one of them, as the quality of the persons and matter shall
require; and also the said laws, and every of them, to abrogate, annul,
amplify, or diminish, as it shall be seen unto your majesty, and the
nobles and Commons of your realm present in your Parliament, meet and
convenient for the wealth of your realm, as by divers good and
wholesome Acts of Parliaments, made and established as well in your
time, as in the time of your most noble progenitors, it may plainly and
evidently appear:
And because that it is now in these days
present seen, that the state, dignity, superiority, reputation, and
authority of the said imperial crown of this realm, by the long
sufferance of the said unreasonable and uncharitable usurpations and
exactions practised in the times of your most noble progenitors, is
much and sore decayed and diminished, and the people of this realm
thereby impoverished, and so or worse be like to continue, if remedy be
not therefor shortly provided:
It may therefore please your most noble
majesty, for the honour of Almighty God, and for the tender love, zeal,
and affection that ye bear, and always have borne to the wealth of this
your realm and subjects of the same, forasmuch as your majesty is
supreme head of the Church of England, as the prelates and clergy of
your realm, representing the said Church, in their synods and
convocations have recognized, in whom consisteth full power and
authority, upon all such laws as have been made and used within this
realm, to ordain and enact, by the assent of your lords spiritual and
temporal, and the Commons in this your present Parliament
assembled, and by authority of the same, that no person or persons of
this your realm, or of any other your dominions, shall from henceforth
pay any pensions, censes, portions, Peter-pence or any other
impositions, to the use of the said bishop, or the see of Rome, like as
heretofore they have used, by usurpation of the said Bishop of Rome and
his predecessors, and sufferance of your highness, and your most
noble progenitors, to do; but that all such pensions, censes, portions
and Peter-pence, which the said Bishop of Rome, otherwise called the
pope, has heretofore taken and perceived, or caused to be taken
and perceived to his use, and his chambers which he calls
apostolic, by usurpation and sufferance, as is abovesaid, within this
your realm, or any other your dominions, shall from henceforth clearly
surcease, and never more be levied, taken, perceived, nor paid to any
person or persons in any manner of wise; any constitution, use,
prescription, or custom to the contrary thereof notwithstanding.
And be it further enacted by the
authority aforesaid, that neither your highness, your heirs nor
successors, kings of this realm, nor any your subjects of this realm,
nor of any other your dominions, shall from henceforth sue to the said
Bishop of Rome, called the pope, or to the see of Rome, or to any
person or persons having or pretending any authority by the same, for
licences, dispensations, compositions, faculties, grants, rescripts,
delegacies, or any other instruments or writings, of what kind, name,
nature, or quality soever they be of, for any cause or matter, for the
which any licence, dispensation, composition, faculty, grant, rescript,
delegacy, instrument, or other writing, heretofore has been used and
accustomed to be had and obtained at the see of Rome, or by authority
thereof, or of any prelate of this realm; nor for any manner of other
licences, dispensations, compositions, faculties, grants,
rescripts, delegacies, or any other instruments or writings that in
causes of necessity may lawfully be granted without offending of
the Holy Scriptures and laws of God:
But that from henceforth every such licence,
dispensation, composition, faculty, grant, rescript, delegacy,
instrument, and other writing afore named and mentioned, necessary for
your highness, your heirs or successors, and your and their people and
subjects, upon the due examinations of the causes and qualities of the
persons procuring such dispensations, licences, compositions,
faculties, grants, rescripts, delegacies, instruments, or other
writings, shall be granted, had, and obtained, from time to time,
within this your realm, and other your dominions, and not elsewhere, in
manner and form following, and none otherwise; that is to say:
The Archbishop of Canterbury for the time
being, and his successors, shall have the power and authority, from
time to time, by their discretions, to give, grant, and dispose, by an
instrument under the seal of the said archbishop, unto you majesty, and
to your heirs and successors, kings of this realm, as well all manner
such licences, dispensations, compositions, faculties, grants,
rescripts, delegacies, instruments, and all other writings, for causes
not being contrary or repugnant to the Holy Scriptures and laws of God,
as heretofore has been used and accustomed to be had and obtained by
your highness, or any your most noble progenitors, or any of your or
their subjects, at the see of Rome, or any person or persons by
authority of the same; and all other licences, dispensations,
faculties, compositions, grants, rescripts, delegacies, instruments,
and other writings, in, for, and upon all such causes and matters as
shall be convenient and necessary to be had, for the honour and surety
of your highness, your heirs and successors, and the wealth and profit
of this your realm; so that the said archbishop, or any of his
successors, in no manner wise shall grant any dispensation, licence,
rescript, or any other writing afore rehearsed, for any cause or matter
repugnant to the law of Almighty God.
Be it also enacted by authority
aforesaid, that the said archbishop and his successors, after good and
due examination, by them had, of the causes and qualities of the
persons procuring for licences, dispensations, compositions,
faculties, delegacies, rescripts, instruments, or other writings, shall
have full power and authority by themselves, or by their sufficient and
substantial commissary or deputy, by their discretions, from time to
time, to grant and dispose, by an instrument under the name and seal of
the said archbishop, as well to any of your subjects, as to the
subjects of your heirs and successors, all manner licences,
dispensations, faculties, compositions, delegacies, rescripts,
instruments, or other writings, for any such cause or matter, whereof
heretofore such licences, dispensations, compositions, faculties,
delegacies, rescripts, instruments, or writings, have been accustomed
to be had at the see of Rome, or by authority thereof, or of any
prelate of this realm.
And that the said archbishop and his
commissary shall not grant any other licence, dispensation,
composition, faculty, writing, or instrument, in causes unwont and not
accustomed to be had or obtained at the Court of Rome, nor by any
authority thereof, nor by any prelate of this realm, until your grace,
your heirs or successors, or your or their council shall first be
advertised thereof, and determine whether such licences, dispensations,
compositions, faculties, or other writings, in such causes unwont and
not accustomed to be dispensed withal or obtained, shall commonly
pass as other dispensations, faculties, or other writings, shall, or
no, upon pain that the grantors of every such licence, dispensation, or
writing, in such causes unwont, contrary to this Act, shall make fine
at the will and pleasure of your grace, your heirs and successors; and
if it be thought and determined by your grace, your heirs or
successors, or your or their council, that dispensations, faculties,
licences, or other writings, in any such cause unwont, shall pass, then
the said archbishop or his commissary, having licence of your highness,
your heirs or successors for the same, by your or their bill assigned,
shall dispense with them accordingly.
Provided always, that no manner of
dispensations, licences, faculties, or other rescripts or writings
hereafter to be granted to any person or persons, by virtue or
authority of this Act, by the said archbishop or his commissary being
of such importance, that the tax of the expedition thereof at Rome
extended to the sum of 4l. or above, shall in any wise
be put in execution, till the same licence, dispensation, faculty,
rescript, or other writing, of what name or nature soever it be of, be
first confirmed by your highness, your heirs or successors, kings of
this realm, under the great seal, and enrolled in your chancery in a
roll, by a clerk to be appointed for the same; and that this Act shall
be a sufficient warrant to the Chancellor of England for the time
being, or to him whom your grace, your heirs or successors, shall
depute to be keeper of the great seal, to confirm in your name, your
heirs or successors, the aforesaid writings, passed under the said
archbishop's seal, by letters patent, in due form thereof to be made
under your great seal, remitting as well the said writing under the
archbishop's seal, as the said confirmation under the great seal, to
the parties from time to time procuring for the same:
And that all such licences,
dispensations, faculties, and other rescripts and writings, for the
expedition of the which the said taxes to be paid at Rome were under 4l., which be matters of no great
importance, shall pass only by the archbishop’s seal, and shall
not of any necessity be confirmed by the great seal, unless the
procurers of such licence, faculty, or dispensation desire to have them
so confirmed; in which case they shall pay for the said great seal, to
the use of your highness, your heirs and successors, 5s. sterling, and not above, over and
besides such tax as shall be hereafter limited for the making, writing,
registering, confirming, and enrolling of such licences, confirmations,
and writings under the said tax of 4l.
And that every such licence, dispensation,
composition, faculty, rescript, and writing, of what name or nature
soever it be, for such causes as the tax was wont to be 4l.
or above, so granted by the archbishop by virtue and authority of this
Act, whereunto the great seal is not limited of necessity to be put to,
by reason that the tax of them is under 4l. shall
be accepted, approved, allowed, and admitted good and effectual in the
law, in all places, courts, and jurisdictions, as well spiritual as
temporal, within this realm, and elsewhere within your dominions, and
as beneficial to the persons obtaining the same, as they should have
been if they had been obtained, with all things requisite, of the see
of Rome, or of any other person by authority thereof, without any
revocation or repeal hereafter to be had of any such licences,
dispensations, faculties, rescripts, or writings, of what nature
soever they be.
And that all children procreated after
solemnization of any marriages to be had or done by virtue of such
licences or dispensations, shall be admitted, reputed, and taken
legitimate in all courts, as well spiritual as temporal, and in all
other places, and inherit the inheritance of their parents and
ancestors within this your realm, and all other your dominions,
according to the laws and customs of the same; and all acts to be done,
had, or executed according to the tenor of such licences,
dispensations, faculties, writings, or other instruments, to be made or
granted by authority of this Act, shall be firm, permanent, and remain
in force; and foreign laws, constitutions, decrees, canons, decretals,
inhibitions, use, custom, prescription, or any other thing had, or
hereafter to be made to the contrary notwithstanding.
And be it further enacted, that the
said archbishop and his successors shall have power and authority to
ordain, make, and constitute a clerk, which shall write and register
every such licence, dispensation, faculty, writing, or other instrument
to be granted by the said archbishop and shall find parchment, wax, and
silken laces convenient for the same, and shall take for his pains such
sums of money as shall be hereafter in this present Act to him limited
in that behalf for the same; and that likewise your grace, your heirs
and successors, shall by your letters patent, under your great seal,
ordain, depute, and constitute one sufficient clerk, being learned in
the course of the chancery, which shall always be attendant upon the
lord chancellor, or the lord keeper of the great seal, for the time
being, and shall make, write, and enrol the confirmations of all such
licences, dispensations, instruments, and other writings as shall be
thither brought under the archbishop's seal, there to be confirmed and
enrolled; and shall also entitle in his books, and enrol of record,
such other writings as shall thither be brought under the archbishop's
seal, not to be confirmed, taking for his pains such reasonable sums of
money as hereafter by this Act to him shall be limited for the same;
and that as well the said clerk appointed by the said archbishop, as
the said clerk to be appointed by your highness, your heirs or
successors, shall subscribe their names to every such licence,
dispensation, faculty, or other writing that shall come to their hands
to be written, made, granted, scaled, confirmed, registered, and
enrolled by authority of this Act, in form as is before rehearsed.
And forasmuch as the charges of obtaining the
said licences, dispensations, faculties, and other rescripts or
writings aforenamed, at the Court of Rome, by the losses and exchanges,
and in conducting of couriers, and waging solicitors to sue for any
such licences, dispensations, faculties, instruments, and other
rescripts or writings, have been grievous and excessive to your people,
and many times greater sums have been demanded for the speedy
expedition in the Court of Rome, than be expressed in the old tax
limited to be paid for the said expeditions, whereby your people have
been brought to an uncertainty upon the payment for expeditions of such
things, and by reason thereof have been constrained to pay more than
they were wont to do, to the great impoverishing of this realm, as is
aforesaid: and sometimes the speeding of such dispensations, faculties,
licences, and other writings at Rome has been so long deferred, that
the parties labouring for the same have suffered great incommodities
and loss for jack of quick speed, which hereafter may be had within
this your realm, to the great commodity of your people, whereby the
charges of making exchanges, conducting of couriers, and solicitors,
for the said dispensations, shall be abated, and your people so much relieved and eased; to the intent that all
ambiguity, and uncertainty of payments for dispensations, faculties,
licences, and other rescripts and writings, may be taken away, that no
fraud or exaction shall be exercised upon your people, by such officers
as shall be appointed by this Act, to take pains in speeding such
dispensations, faculties, and licences, but that your people may be
sure and certain what they be appointed to pay for the same:
Be it enacted by this present Parliament, and
by the authority of the same, that there shall be two books drawn and
made of one tenor, in which shall be contained the taxes of all
customable dispensations, faculties, licences, and other writings wont
to be sped at Rome, which books, and every leaf of those books, and
both sides of every leaf, shall be subscribed by the Archbishop of
Canterbury, the Lord Chancellor of England, the Lord Treasurer of
England, and the two chief justices of both benches for the time being;
to the which books all suitors for dispensations, faculties, licences,
and other writings afore rehearsed, shall have recourse if they require
it; and one of the said books shall remain in the hands of him which
shall be appointed to be registrar and scribe of the said
dispensations, faculties, and licences, under the said Archbishop of
Canterbury, in form as is beforesaid; and the other book shall remain
with the clerk of the chancery, which by your grace, your heirs or
successors, shall be appointed, as is before rehearsed; which clerk of
the chancery shall also entitle, and note particularly and daily, in
his book ordained for that purpose, the number and quality of the
dispensations, faculties, licences, and other rescripts and writings,
which shall be sealed only with the seal of the said archbishop, and
also which shall be sealed with the said seal, and confirmed with the
great seal, in form as is before said, that all fraud and concealment
in this behalf may be avoided.
And be it enacted by this present Parliament,
and by the authority of the same, that no man suing for dispensations,
faculties, licences, or other rescripts or writings, which were wont to
be sped at Rome, shall pay any more for their dispensations, licences,
or rescripts, than shall be contained, taxed, and limited in the said
duplicate books of taxes, only compositions excepted, of which, being
arbitrary, no tax can be made, wherefore the tax thereof shall be set
and limited by the discretion of the said Archbishop of Canterbury, and
the Lord Chancellor of England, or the lord keeper of the great seal
for the time being;
And that such as shall exact or
receive of any suitor more for any dispensation, faculty, or licence,
than shall be contained in the said books of taxes, shall forfeit ten
times so much as he shall so extortionately exact and receive; the one
half of the which forfeiture to be to the use of your grace, your heirs
or successors, and the other half thereof to be to such of your
subjects as will sue for the same by action, bill, or plaint in any of
your grace's courts, wherein the defendant shall have none essoin nor
protection allowed, neither shall be admitted to wage his law.
Be it also enacted by this Parliament, and
authority of the same, that the tax or sum appointed to be paid for
every such dispensation, licence, faculty, instrument, rescript or
other writing to be granted by authority of this Act, shall be employed
and ordered , as hereafter ensues; that is to say: if the tax extend to
4l. or above, by reason whereof the dispensation,
licence, faculty, rescript or writing, which shall pass by the said
archbishop's seal, must be confirmed by the appension of the great
seal, then the said tax so extending to 4l. or above,
shall be divided into three parts, whereof two shall be perceived by
the said clerk of the chancery, to be appointed as is aforesaid, to the
use of your highness, your heirs and successors, and to the use of the
lord chancellor, or the keeper of the great seal for the time being,
and to the use of the said clerk, in such wise as hereafter shall be
declared; and that the third part shall be taken by the said clerk of
the archbishop, to the use of the same archbishop and his commissary,
and his said clerk and registrar, in such wise as hereafter shall be
ordained and limited by this Act; that is to say, the said two parts
shall be divided in four parts, of which three parts shall be taken to
the only use of your highness, your heirs and successors, and the
fourth part shall be divided in three parts, whereof the Chancellor of
England, or lord keeper of the great seal for the time being, shall
have two parts and the said clerk of the chancery the third part for
his pains, travel, and labours that he is limited to write and do by
virtue of this Act; and the said third part of the whole tax appointed
to the said archbishop, and his officers, as is aforesaid, shall be
divided into three parts, whereof the archbishop shall have to his use
two parts, and his officers shall have the third part thereof; of which
third part to be divided into two parts, the said clerk or registrar,
which shall find parchment, wax, and silk, and shall devise and write
the said dispensations, licences, faculties, rescripts, or other
writings, and register the same, shall have for his said labour, and
for receiving and repaying of the sums of money that shall come to his
hands for dispensations, faculties, licences, and other rescripts
aforesaid, the one moiety thereof, and the commissary of the said
archbishop appointed to seal the said dispensations, faculties,
licences, and other rescripts, shall have the other part.
And if the tax be under 4l. and not
under 40s., then the said tax shall be divided into
three parts, as is aforesaid, whereof the king's highness, his heirs
and successors, shall have two parts thereof, abating 3s.
4d., which shall be to the said clerk of
the chancery for subscribing, entitling, and enrolling the said
dispensations, licences, faculties, rescripts, and other writings
aforesaid, and receiving of the king's money so taxed; and the
archbishop and his officers shall have the third part, which third part
shall be divided into two parts, whereof the archbishop shall have the
one entirely to himself, his scribe and commissary shall have the other
part thereof, equally to be divided amongst them for their costs and
pains in that behalf.
And if the tax be under 40s. and not under 26s.
8d., the same tax shall he divided into two parts, whereof the
one part shall be to your grace, your heirs and successors, deducting
thereof 2s. for the clerk of the chancery for
his pains, as is aforesaid; and the other part shall be to the said
archbishop and his officers, which other part shall be divided into two
parts, whereof the archbishop shall have the one, and the commissary
and scribe shall have the other, equally divided amongst them.
And if the tax be under 26s.
8d., and not under 20s., the
same shall be divided into two parts, whereof your grace, your heirs
and successors, shall have the one part entirely, abating 2s.
thereof to the said clerk of the chancery; and
the archbishop and his officers shall have the other part, and the same
other part shall be divided into three parts, whereof the archbishop
shall have one, his commissary the second, and his scribe or registrar
the third; and in case the tax be under 20s. the
same shall be perceived to the use of the said commissary, clerk of the
said archbishop, and clerk of the chancery, to be equally divided
amongst them for their pains and labours by them to be sustained, by
authority of this Act, as aforesaid.
Provided always, that this Act shall not be
prejudicial to the Archbishop of York, or to any bishop or prelate of
this realm; but that they may lawfully, notwithstanding this Act,
dispense in all cases in which they were wont to dispense by the common
law or custom of this realm afore the making of this Act.
Provided also, and be it enacted by the
authority aforesaid, that if it happen the see of the archbishopric of
Canterbury to be void, that then all such manner of licences,
dispensations, faculties, instruments, rescripts, and other writings,
which may he granted by virtue and authority of this Act, shall, during
the vacation of the same see, be had, done, and granted under the name
and seal of the guardian of the spiritualties of the said archbishopric
for the time being, according to the tenor and form of this Act, and
shall be of like force, value, and effect, as if they had been granted
under the name and seal of the archbishop for the time being.
And be it further enacted, that if
the aforesaid Archbishop of Canterbury for the time being, or the said
guardian of the spiritualties for the time being, hereafter refuse or
deny to grant any licences, dispensations, faculties, instruments, or
other writings, which they be authorized to do by virtue and authority
of this Act, in such manner and form as is afore remembered, to any
person or persons that ought, of a good, just, and reasonable cause, to
have the same, by reason whereof this present Act, by their wilfulness,
negligence, or default, should take no effect; then the Chancellor of
England, or the lord keeper of the great seal, for the time being, upon
any complaint thereof made, shall direct the king's writ to the said
archbishop or guardian denying or refusing to grant such licences,
dispensations, faculties, or other writings, enjoining him by the said
writ, upon a certain pain therein to be limited by the discretion of
the said chancellor or keeper of the great seal, that he shall in due
form grant such licence, dispensation, faculty, or other writing,
according to the request of the procurers of the same, or else signify
unto your highness, your heirs or successors, in the Court of Chancery,
at a certain day, for what occasion or cause he refused and denied to
grant such licences, faculties, or dispensations.
And if it shall appear to the said chancellor
or lord keeper of the great seal, upon such certificate, that the cause
of refusal or denial of granting such licences, faculty, or
dispensation was reasonable, just, and good, that then [it] so being
proved by due search and examination of the said chancellor or lord
keeper of the great seal, to be admitted and allowed.
And if it shall appear upon the said
certificate, that the said archbishop or guardian of the spiritualties
for the time being, of wilfulness in contemning the due execution of
this Act, without a just and reasonable cause, refused or denied to
grant such licence, faculty, or dispensation, that then your highness,
your heirs or successors, being thereof informed, after due examination
had, that such licences, faculties, or dispensations may be granted
without offending the Holy Scriptures and laws of God, shall have power
and authority in every such case, for the default, negligence, and
wilfulness of the said archbishop or guardian, to send your writ of
injunction under your great seal, out of your said Court of Chancery,
commanding the archbishop or guardian that so shall deny or refuse to
grant such licence, faculty, or dispensation, to make sufficient grant
thereof, according to the tenor and effect of this Act, by a certain
day, and under a certain pain in the said writ to be contained, and to
be limited by your highness, your heirs or successors, kings of this
realm.
And if the said archbishop or guardian, after
the receipt of the said writ, refuse or deny to grant such licences,
faculties, or dispensations, as shall be enjoined him by virtue of the
said writ, and show and prove before your majesty, your heirs or
successors, no just or reasonable cause why he should do so; then the
said archbishop or guardian that so shall refuse to put this Act in
execution according to the said writ of injunction, shall suffer, lose,
and forfeit to your highness, your heirs and successors, such pain and
penalty as shall be limited and expressed in the said writ of
injunction.
And over that, it shall be lawful to your
highness, your heirs and successors, for every such default and
willfulness of the said archbishop or guardian for the time being, to
give power and authority, by commission under your great seal, to such
two spiritual prelates or persons to be named by your highness, your
heirs or successors, as will do and grant such licences, faculties, and
dispensations, refused or denied to be granted by the said archbishop
or guardian in contempt of this Act.
And be it further enacted by
authority aforesaid, that the said two spiritual prelates or persons,
to whom in such cases any such commission shall be directed, shall have
power and authority to grant every such licence, faculty, dispensation,
instrument, and other writings, so refused to be granted by the said
archbishop or guardian for the time being, by an instrument under their
seals, talking like fees and charges for the same as is before
rehearsed, and not above, under the pains afore remembered. And that
every such licence, faculty, and dispensation so granted for any cases
or matters, whereunto any confirmation under the king's great seal is
appointed by this Act, to be had in manner and form above declared,
shall be had and obtained accordingly. And such licences and
confirmations shall be had for like fees and charges as they are above
specified, and not above, under the pains above mentioned. And that
every such licence, faculty, dispensation, and other writing, to be
granted by the said prelates or persons to be assigned by the king's
highness, his heirs and successors, as is aforesaid, shall be of as
good value, strength and effect, and as beneficial and profitable to
the persons procuring the same, as if they had been made, granted, and
obtained under the name and seal of the said archbishop.
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 Catholic 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 ravin 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
all imperial power and authority in the same, and not obliged, ill any
worldly causes, to any other superior.
Provided alway, that the said Archbishop of
Canterbury, or any other person or persons, shall have no power or
authority by reason of this Act, to visit or vex any monasteries,
abbeys, priories, colleges, hospitals, houses or other places
religious, which be or were exempt, before the making of this Act,
anything in this Act to the contrary thereof notwithstanding; but that
redress, visitation, and confirmation shall be had by the
king’s highness, his heirs and successors by commission under
the great seal, to be directed to such persons as shall be appointed
requisite for the same, in such monasteries, colleges, hospitals,
priories, houses, and places religious exempt; so that no visitation
nor confirmation shall from thenceforth be had nor made, in or at any
such monasteries, colleges, hospitals, priories, houses, and places
religious exempt, by the said Bishop of Rome, nor by any of his
authority, nor by any out of the king’s dominions; nor that any
person, religious or other, resident in any the king’s
dominions, shall from henceforth depart out of the king’s
dominions to or for any visitation, congregation, or assembly for
religion, but that all such visitations, congregations, and assemblies
shall be within the king’s dominions.
Provided also, that this present
Act, or anything therein contained, or any licence or dispensation
hereafter to be made by virtue and authority thereof, shall not extend
to the repeal or derogation of the late Act, made since the beginning
of the present Parliament, for reformation of pluralities of benefices,
and for non-residences of spiritual persons upon their dignities or
benefices, nor to anything contained or mentioned in the said Act; nor
that his Act, nor anything to be done by authority thereof, shall not
be taken, expounded, or interpreted to give licence to any person or
persons to have any more number of benefices than is limited in the
said Act; and that the same Act for pluralities and non-residences of
benefices, and everything therein contained, shall stand good and
effectual in all intents, according to the true meaning thereof;
anything in this present Act, or any licence or dispensation to be had
by authority thereof, in any wise notwithstanding.
And be it further enacted by authority
aforesaid, that if any person or persons, subject or resident within
this realm, or within any of the king's dominions, at any time
hereafter sue to the court of Rome, or the see of Rome, or to any
person claiming to have his authority by the same, for any licence,
faculty, dispensation, or other thing or things contrary to this Act,
or put in execution any licence, faculty or dispensation, or any other
thing or things hereafter to be obtained from Rome, or the see of Rome,
or from any claiming authority by the same, for any of the causes
abovementioned in this Act, or for any other causes that may be
granted by authority of this Act, or attempt or do any thing or things
contrary to this Act, or maintain, allow, admit, or obey any manner of
censures, excommunications, interdictions, or any other process from
Rome, of what name or nature soever it be, to the derogation or let of
the execution of this Act, or of any thing or things to be done by
reason of the said Act; that then every such person or persons so
doing, offending, and being thereof convicted, their aiders,
counsellors, and abettors, shall incur and run into the pain, loss, and
penalty comprised and specified in the said Act of Provision and
Praemunire, made in the sixteenth year of your most noble progenitor,
King Richard II, against such as sue to the court of Rome, against your
crown and dignity royal.
Provided alway, that this Act, or
anything therein contained, shall not hereafter be taken nor expounded
to the derogation or taking away of any grants, or confirmations of any
liberties, privileges, or jurisdiction of any monasteries, abbeys,
priories, or other houses or places exempt, which heretofore the making
of this Act have been obtained at the see of Rome, or by the authority
thereof; but that every such grant and confirmation shall be of the
same value, force, and effect as they were before the making of this
Act, and as if this Act had never been made.
Provided always, that the abbots, priors, and
other chief rulers and governors of such monasteries, abbeys, priories,
and other houses and places exempt, shall not hereafter pay any
pension, portion, or other cense to the see of Rome; nor admit or
accept any visitation, nor any confirmation from or by the said see of
Rome, or by authority thereof, of or for any person to be elected,
named, or presented to be heads of any such monasteries, abbeys,
priories, places, or houses exempt, nor shall make any corporal oath to
the Bishop of Rome otherwise called the pope, upon the pains limited in
this Act but that every such visitation, and confirmation of such heads
elect-in any such monasteries, abbeys, priories, houses, or places
exempt, where after their election they were bounden to have and obtain
any confirmation of their election, or of the person named, presented,
or elected-shall be from henceforth had, made, and done within this
realm, at and within every such abbeys, monasteries, priories, and
other houses and places exempt, by such person and persons as shall be
appointed, by authority of the king's commission, from time to time, as
the case shall require, and not by the see of Rome, nor by authority
thereof; anything in this next proviso above specified to the contrary
thereof notwithstanding.
Provided always, that in such monasteries,
abbeys, priories, and houses exempt, where after election,
presentation, or nomination of their heads, no such confirmation is
requisite to be had nor their heads, no such confirmation is requisite
to be had, nor has been used to be taken by reason of such privileges
as they have concerning the same, that in every such monasteries,
abbeys, priories, and places exempt, they shall not be bounden to
obtain, have or take any confirmation for the same within this realm,
by authority of this Act, but use their privileges therein as they have
done before the making of this Act; anything in this Act, or any the
provisions next above rehearsed, to the contrary thereof
notwithstanding.
Provided also, and be it enacted, that this
Act, or any thing or things, word or words therein, or in the preamble
thereof mentioned or contained, is not intended or meant, nor shall be
expounded nor interpreted, that any dispensations, licences, or
confirmations for marriages, granted to any the king’s subjects
born under his obeisance, at any time before the twelfth day of March
in the year of our Lord God 1533, shall be appaired, or of any less
value, strength, force or effect, than they were at the said twelfth
day of March; nor that this Act, or anything therein contained, shall
not extend to the derogation, appairing, or annulling of any licences,
dispensations, confirmations, faculties, or indulgences, at any time
before the said twelfth day of March in the year of our Lord God, 1533,
had or obtained at the see of Rome, or by authority thereof, to or for
any subjects born in this realm, or in any the king's dominions, or to
or for the hospital of the Prior of St. John of Jerusalem in England,
or any commandries or members thereof, or
to or for any other cathedral churches, hospitals, monasteries, abbeys,
priories, colleges, conventual churches, parochial churches, chapels,
fraternities, brotherhoods, or bodies politic within this realm, or in
any other the king's dominions; but that every such licence,
dispensation, confirmation, faculty, and indulgence granted before the
said twelfth day of March to any such subject, or to the said hospital
of the Prior of St. John of Jerusalem in England, commandries or
members thereof, or to any other cathedral church, hospital, monastery,
abbey, priory, college, church conventual, parochial church, chapel,
fraternity, brotherhood, or body politic, or to their predecessors or
ancestors within this realm, or in any other the king's dominions,
shall be of the same force, strength, value and effect, and may be from
time to time put in execution at all times hereafter, by and to them
that will use and have the same, as they might have been before the
making of this Act, and as if this Act had never been had nor made;
anything in the said Act to the contrary hereof notwithstanding.
Provided always, that such
licences, dispensations, confirmations, or faculties heretofore
obtained at the see of Rome, or by authority thereof, contrary to the
express provisions of the laws and statutes of this realm heretofore
made, shall not at any time hereafter be used or put in execution in
any case, to the derogation, or contrary to the said laws and statutes
of this realm, and the provisions of the same; anything in this proviso
to the contrary thereof notwithstanding.
And be it enacted by authority of this
present Parliament, that the king our sovereign lord, by the advice of
his honourable council, shall have power and authority from time to
time, for the ordering, redress, and reformation of all manner of
indulgences and privileges thereof within this realm, or within any the
king's dominions, heretofore obtained at the see of Rome, or by
authority thereof, and of the abuses of such indulgences and privileges
thereof, as shall seem good, wholesome, and reasonable for the honour
of God and weal of his people; and that such order and redress as shall
be taken by his highness in that behalf, shall be observed and firmly
kept upon the pains limited in this Act for the offending of the
contents of the same.
Provided alway, and be it enacted by
authority of this present Parliament that this present Act or any thing
or things therein contained, shall not begin to take effect nor be put
in execution till the feast of the Nativity of St. John Baptist next
coming, except the king's majesty, on this side the said feast, by his
letters patent under his great seal, to be enrolled in the Parliament
roll of this present Parliament, do declare and express, that it is his
pleasure that it shall begin and take effect at any time afore the said
feast; and if his highness happen so to do, that then, immediately
after such declaration of his pleasure by his said letters patent in
form aforesaid, this said Act shall begin and he put in execution afore
the said feast, according to his said pleasure so to be declared by his
said letters patent; anything in this proviso to the contrary hereof
notwithstanding.
And be it further enacted by authority
aforesaid, that the king's majesty at all times on this side the said
feast shall have full power and authority, by his letters patent under
his great seal, to be enrolled in the Parliament roll of this present
Parliament, to abrogate, annul, and utterly repeal and make void this
Act and every thing and things therein contained, or else as much and
such part thereof as shall be declared and limited on this side the
said feast by his said letters patent to be void and repealed; and that
all such repeal and annulling so to be made in form aforesaid by his
highness on this side the said feast, shall be as good and effectual as
though it had been done and had by authority of Parliament; any thing
or things contained in this present Act to the contrary hereof
notwithstanding; and if no such repeal be had or made by the king's
majesty on this side the said feast, in form as is afore rehearsed,
that then the said Act, or as much and such thereof as shall not be
repealed on this side the said feast, shall immediately after the said
feast stand firm, good, and effectual, and from thenceforth be put in
due execution according to the tenor thereof; anything in this Act or
in any the provisions aforesaid to the contrary hereof
notwithstanding.
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