CHAPTER XV HENRY VIII. AND THE CHURCH 107. Payment of Annates to the Pope forbidden Parliamentary History The struggle between Henry VIII. and the Pope on the question of divorce caused the king to assume the headship of the Catholic Church in England and to take that church from papal control. The first important step was taken in 1531 when the clergy were compelled to address Henry as "Head of the Church and Clergy so far as the law of Christ will allow." The second was the act restraining the payment of annates to the pope. The selection given contains a summary of this act. Its language should be compared with the other anti-papal statutes contained in this chapter. They in turn should be read in connection with those given in Chapters XI, XVII, XVIII, and XIX. The acts given in these and preceding chapters furnish material for the study of the development of the independent Church of England. This year also an Act passed, concerning Annates, or the First-Fruits of Bishoprics, paid usually to the See of Rome, for the obtaining of Palls, Bulls, etc., the Preamble and Consideration whereof was, as appears in the Records, 1. The great Sums of Money already passed out of the Kingdom that Way, being no less than 160,cool Sterling, since the second Year of Henry VII. 2. That more was likely to be shortly transported, by reason many of the Bishops are aged. 3. That the first Use and Grant of them was for maintaining Arms against Infidels. So that it was enacted, That they should henceforth cease, and no Money to be paid to Rome to that Intent, except as is hereafter specified, viz. Lest the Court of Rome should think themselves irremunerated for their Pain in making and sealing Bulls in Lead, etc., it was ordained, That there may be allowed for the said Bulls Five Pounds in the Hundred, according to the Rate of each Bishopric's clear Value above all Charges. And if any Man, being chosen to a Bishopric, and presented by the King to the Pope, shall hereupon find any Lett or Hinderance, by Restraint of his Bulls, upon convenient Suit for the same, then he may be named and presented by the King's Highness to the Archbishop of the Province, who shall consecrate him; or, the said Archbishop delaying, under Pretence of wanting Pall, Bull, etc., the Person so named shall be consecrated, and invested by any two Bishops of the Land whom the King shall appoint thereto; and shall be held and reputed thereafter as a compleat Bishop. But of this Act we shall speak again, when we come to the 25th Year of the King: For though it passed the Parliament now, and the King gave his Assent thereto, yet Power was reserved for him to annul or confirm the same any Time within two Years next following. Moreover, in this Statute, the King and his Parliament declare, That they do not intend to use any Extremity or Violence, before gentle and courteous Ways have been attempted: But it shall please the King to propose an amicable Composition to the Pope, and his Holliness shall be content either to abolish or moderate those Annates, then the Compositions, so made, to stand firm: But if, under the said amicable Propositions, the Realm cannot be disburdened, and that, for the Continuance of the same, the Pope shall unjustly vex and disquiet the King or his Subjects by any Excommunication, etc., be it then enacted, by the Authority aforesaid, That the King's Highness, his Heirs and Successors, Kings of England, and all his Spiritual and Lay Subjects of the same, without any Scruple of Conscience, shall and may lawfully, to the Honour of Almighty God, the Increase and Continuance of Virtue and good Example within this Realm (the said Censures, Excommunications, Interdictions, Compulsories, or any of them, notwithstanding), minister, or cause to be ministered, throughout this said Realm, and all other the Dominions and Territories belonging or appertaining thereunto, all and all Manner of Sacraments, Sacramentals, Ceremonies, or other Divine Service of Holy Church, or any other Thing or Things necessary for the Health of the Soul of Mankind, as they heretofore, at any Time or Times, have been virtuously used or accustomed to do within the same. And that no Manner of such Censures, Excommunications, Interdictions, or any other Process or Compulsories shall by any of the Prelates, or other Spiritual Fathers of this Realm, nor by any of their Ministers or Substitutes, be at any Time or Times hereafter published, executed, or divulged, in any Manner of Ways. (Parliamentary History, ed. cit., III, p. 88.) 108. Appeals to Rome prohibited (1533) Parliamentary History The following Act was a further severance of the Church of England from the domination of the See of Rome, restraining the Canonical Courts from carrying appeals to the Pope. The terse comment at the end, written by the author of the portion of the History from which the Act is quoted, well sums up the motive for the action taken. That no Appeals should be made out of this Realm for these Reasons, viz. That whereas the Kingdom of England was a just Empire, furnished with such able Persons, both Spiritual and Temporal, as could decide all Controversies arising in it: And whereas Edward I. Edward III. Richard II. Henry IV. and other Kings of this Realm, had made sundry Ordinances, Laws, and Statutes, for the Conservation of the Prerogative, Liberties, and Pre-eminences of the said Imperial Crown, and of the Jurisdictions Spiritual and Temporal of the same, to keep it from the Annoyance of the See of Rome, as also from the Authority of other foreign Potentates attempting the Diminution or Violation thereof: And because, notwithstanding the said Acts, divers Appeals have been sued to the See of Rome in Causes Testamentary, Causes of Matrimony and Divorce, Right of Tythes, Oblations and Obvertions, to the great Vexation and Charge of the King's Highness and his Subjects, and the Delay of Justice; and forasmuch as the Distance of the Way to Rome is such, as the necessary Proofs and true Knowledge of the Cause cannot be brought thither, and represented so well as in this Kingdom, and that therefore many Persons be without Remedy, it is therefore enacted, That all Causes Testamentary, Causes of Matrimony and Divorces, Tythes, Oblations, and Obventions, either commenced or depending formerly, or which hereafter shall commence in any of the King's Dominions, shall be heard, discussed, and definitively determined within the King's Jurisdiction and Authority in the Courts Spiritual and Temporal of the same, any foreign Inhibition or Restraints to the contrary notwithstanding: So that, any Excommunication or Interdiction on this Occasion should follow from that See, the Prelates and Clergy of this Realm should administer Sacraments, and say Divine Service, and do all other their Duties, as formerly hath been used, upon Penalty of One Year's Imprisonment, and Fine at the King's Pleasure; and they who procured the said Sentences should fall into a Præmunire. As for the Orders to be observed henceforth, it was enacted, That in Suits commenced before the Arch-Deacon or his Officials, Appeal might be made to the Bishop of the said See; and from thence, within fifteen Days, to the Archbishop of Canterbury, or Archbishop of York, respectively in their Provinces, and so likewise to the Archbishops in the King's other Dominions. Or if Suit be commenced before the Arch-Deacon or any Archbishop or his Commissaries, then appeal may be made within fifteen Days to the Court of Arches, and so to the Archbishops without further Appeal: In all which Cases the Prerogative of the Archbishop and Church of Canterbury was reserved. That if any Suit arose betwix the King and his Subjects, Appeal might be made within fifteen Days to the Prelates of the Upper House in the Convocation then sitting, or next called by the King's Writ, there to be finally determined: And that they who shall take out any Appeal contrary to the Effect of this Act, or refuse to obey it, they, their Adherents, and Counsellors, shall incur the Penalty of the Statute of 16 Richard II. And it is natural to suppose, that the Spirituality, finding the Power, invested formerly in the Pope, to be devolved now in great part on them, did more easily suffer the Diminution of Papal Authority. (Parliamentary History, ed, cit., III, p. 93.) 109. Henry's Attitude toward Heretics (25 HENRY VIII., c. 14, 1533-34) Statutes at Large of England Henry's laws against heretics were intended to strike a blow at the exercise of the papal power in England, but they also show that his antagonism was against the headship of the Pope and_not_against the prevailing faith. To Henry, the Church of Rome was the true Church; he cherished the idea that he could in England take the place hitherto held by the Pope, and yet preserve the doctrines of the Church in their entirety. He was therefore as severe in his enactments against heretics as in those against traitors. AN ACT FOR PUNISHMENT OF HERESY I. (Preamble.) II. And nevertheless forasmuch as the most foul and detestable crime of heresy should not hereafter grow and in crease, but utterly be abhorred, detested, and eradicate, nor that any heretics should be favoured, but that they should have condign and sufficient punishment, and for the repression of heretics and such erroneous opinions in time coming: be it established, ordained, and enacted by the authority of this present Parliament, that the statute made in the fifth year of your noble progenitor King Richard the Second, and the statute made in the second year of King Henry the Fifth [Fourth], concerning punishment and reformation of Heretics and Lollards, and every provision therein contained, not being repugnant to this Act, shall be, and stand, in their force, strength, and effect. Sheriffs in their turns, and Stewards in their leets, rapes, and wapentakes, shall have authority to inquire of heretics; and every such presentment made in any turn, leet, etc., concerning heretics, shall be certified to the Ordinary. Every person presented or indicted of any heresy, or duly accused by two lawful witnesses, may be cited, arrested, or taken by an Ordinary, or other of the King's subjects, and committed to the Ordinary, to answer in open court, and being convicted shall abjure his heresies, and refusing so to do, or falling into relapse, shall be burned in an open place for example of others. III. VI. VII. And where the great number of the King's subjects having little or no knowledge of letters have been put in opinion, that by divers laws, decrees, ordinances, and constitutions heretofore made by the bishop of Rome, called the Pope, and his predecessors, or by their authorities, for the advancement of their worldly glory and ambition, every man that in any thing speaketh or doth against the said pretended power or authority of the same bishop of Rome, or any of the said laws, decrees, ordinances, and constitutions, standeth in danger and is impeachable of heresy; which effect or matter, nor any such laws, decrees, ordinances, or constitutions, not approved and confirmed by Holy Scripture, was never commonly accepted or confirmed to be any law of God or man within this realm. "No speaking, doing, communication, or holding against the Pope, nor any speaking, doing, communication, or holding against any laws called spiritual laws, made by authority of the See of Rome, repugnant to the laws and statutes of this realm or the King's prerogative royal, shall be reputed heresy, or punishable as such, "Persons accused or indicted of heresy may be let to |