The Origin and Growth of the English Constitution: The after-growth of the constitution

A new parliament meets in June, 1536; trial and execution of Anne Boleyn;
Henry marries Jane Seymour; second succession act.
Great rebellion in the north, 1536-37, known as the " Pilgrimage of Grace;"
Aske's appeal for the "commonwealth," a term which embodied the growing
political idea of the age; the rebellion cruelly suppressed by Cromwell

Strife of the rival factions at the council board; divergent views of Anglicans and

Lutherans; Henry's attempt to provide a common ground upon which all

parties could meet; convocation of 1536; Ten Articles of religion the result;

Lutheranism and the League of Schmalkald, into which Henry strives to enter;

the Ten Articles expanded into the larger statement known as the "Institution

of a Christian Man;" certain articles drawn up at Wittenberg in 1536; Thir-

teen Articles of 1538 .

Parliament of 1539 called to hush religious discord; speech from the throne;
statute giving the king's proclamations the force of law; suppression of the
greater monasteries; disappearance of the parliamentary abbots; creation of
new bishoprics; how the abbey lands were disposed of; sale and transfer of
lands facilitated by statute; Henry dictates the Statute of the Six Articles,
which closes the doctrinal legislation of his reign; penalties for offending
against the act

. 92

Revival of persecution by the Anglicans; motives for a Lutheran alliance; Crom-
well reverses the policy of persecution; the effect in Germany; designs involved
in the marriage of Henry with Anne of Cleves; the failure of Cromwell's
scheme results in his overthrow .

6. Henry's Secular Legislation : relaxation of feudal restraints upon alienation;

feudalism extinguished the right of devise, and enacted the statutes of mort-

main; origin of uses or trusts; right of devise thus in a measure revived;

statute of 27 Hen. VIII. as to uses and wills; it facilitated "bargains and

sales;" statute of 32 Hen. VIII. reëstablishing the right of devise; Statute of

Limitations, 32 Hen. VIII. c. 2; statute as to superstitious uses, 23 Hen.

VIII. c. 10; statute as to common recoveries, 32 Hen. VIII. c. 3; their recent

abolition

Dissolution of monasteries transferred care of poor from church to state; begging

and vagrancy; state first assumed the care of the poor by statute of 27 Hen.

VIII. c. 25; beginning of the parochial poor law system; statute of 32 Hen.

VIII. c. 7, authorizing laymen to sue for tithes

First statute of bankrupts, 34 & 35 Hen. VIII. c. 4; statute of amendments and

jeofail, 32 Hen. VIII. c. 30; benefit of clergy taken away in many cases by

23 Hen. VIII. c. I

7. The Closing Years of Henry's Reign (1540-47): general results of Crom-
(1540-47):
well's policy, exaltation of the crown, humiliation of the church; Cromwell
employs the parliament as the tool of the crown; the lords a spiritless body,
and the commons made up of royal nominees; estates called together year after
year to sanction the royal policy; the abnormal aggregation of civil and ecclesi-
astical powers vested in the crown; the church a mere department of state; its
dogmas and liturgy fixed by the royal authority; rivalry of the religious factions
after Cromwell's fall; Norfolk's return to power after Henry's marriage with
Catherine Howard in 1540; his hostility to the new religious movement undis-
guised; Henry married to Catherine Parr, July, 1543; when he realized that the

breach with the papacy was final; translation of the Bible and parts of the ser-
vice-books into English; the "Great Bible" of 1539; an English Litany;
Henry's appeal for religious toleration; his final arrangements; the Seymours
and the nobles of the "new blood" irrevocably bound to the cause of the
Reformation

8. Edward VI.'s Title to the Crown: summary of principles regulating the suc-
cession, elective kingship blended with feudal theory of hereditary right, civil
always followed by ecclesiastical election, king's peace died with him, the Con-
quest worked no immediate change in the primitive system, transition from per-
sonal to territorial kingship, royal office regarded as a descendible estate,
Edward I. reigns before his coronation, maxim that the king never dies finally
established, accession of Richard II. under the doctrine of representation, elec-
tions become a mere ceremony, ecclesiastical election of Henry VIII., assembly
of estates reasserts right to regulate succession, deposition of Edward II. and
Richard II., parliamentary title of the Lancasters, Edward IV.'s assertion of
indefeasible right, parliamentary settlements in reign of Henry VIII.; statutes
recognizing Edward VI.'s right; Henry's final disposition by will; named six-
teen executors as a council of regency; died January 28, 1547 .

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CHAPTER III.

EDWARD VI. AND THE ENGLISH REFORMATION.

1. History of Regencies from Henry III. to Edward VI.: administration of

royal authority during absence, infancy, or incapacity of the king; first regency

after the Conquest constituted at the accession of Henry III.; regency at the

accession of Edward III.; proceedings at the accession of Richard II., the first

to succeed under the doctrine of representation; regencies during the reign of

Henry VI.; sole power of the estates to create regencies emphasized; growing

influence of the commons; regency at the accession of Edward V.; four princi-

ples of constitutional law now distinctly recognized; provisions made by Henry

VIII. for a regency during minority of Edward VI.; provisions of the act of 28

Hen. VIII. c. 7; council of regency appointed by will under authority of the

act; act of 28 Hen. VIII. c. 17; usurpation of Seymour; process by which

he established his protectorate; modification of plan of government provided

by the will; removal of the lord chancellor; patent issued in Edward's name

making Somerset protector with unlimited powers

2. Protectorate of Somerset: English Reformation inaugurated by Somerset and

Cranmer; policy of regarding the church as a mere department of state con-

tinued; new patents for bishops as well as judges; source and extent of

episcopal jurisdiction as defined in Cranmer's patent; right of visitation first

transferred from the pope to the crown by 25 Hen. VIII. c. 21, extended;

Cranmer's scheme of reform outlined in the instructions now issued for a new

visitation; resisted by Bonner and Gardiner, who were imprisoned; necessary

legislation enacted in the parliament which met on November 4, 1547; neces-

sity for the repeal of the Six Articles defining heresy; statutory definitions of

heresy prior to that act; all prior statutes upon the subject repealed by 1 Edw.

VI. c. 12; common law as to heresy as settled in Sawtre's case revived

109

114

The mass superseded by the communion; treasons act of 26 Hen. VIII. c. 13
repealed; and act of 25 Edw. III. c. 3, with a few amendments, restored; in

* 1552 provision made for two witnesses in cases of treason; elections of bishops

by congé d'élire abolished, and their appointment vested in the king; act giving

royal proclamations the force of law repealed; cruel vagrancy act of 1 Edw.

VI. c. 2

Origin and fate of the chantry lands; primary objects of such donations; distinc-
tion between "superstitious" and "good and charitable uses; " act of 37 Hen.
VIII. c. 4, giving the chantry lands to the king; act of 1 Edw. VI. c. 14, declar-
ing that such lands should be applied to " good and godly uses "

Unsuccessful attempt of the clergy to gain representation "in the nether house of

parliament;" marriage of priests declared to be lawful; first Act of Uniformity

and the Book of Common Prayer; question of the communion; first or "high

church prayer-book of 1549; introduction of the new liturgy followed by

117

118

119

Agrarian difficulties, their origin and character; breaking up of the manorial sys-

tem and its effect upon the relation of landlord and tenant; scarcity of hired

labor caused by the ravages of the Black Death which began in 1348; Statutes

of Laborers enacted by the landowners for the coercion of the working classes;

conflict between capital and labor culminated in the Peasant Revolt of 1381;

extinction of villenage; consequent change in the method of agriculture; the

question of "enclosures;" statutes passed to check the evils arising from

enclosures, which were greatly increased by the dissolution of the monasteries;

Enclosures' Commission appointed by Somerset in the summer of 1548; refusal

of parliament to grant relief brought on rebellion headed by Ket, who demanded

general redress of agrarian grievances; earl of Warwick selected by the land-

owners to put down the revolt; Warwick supplanted Somerset in October, 1549 121

3. Government of Warwick, Duke of Northumberland: Henry's executors
regained authority under the lead of Warwick; no change of policy; riot act
of 3 & 4 Edw. VI. c. 10; work of reformation continued; attempt to restore
jurisdiction of ecclesiastical courts failed; vagrancy act of Edw. VI. c. 2
repealed

Bitter attack upon the prayer-book of 1549 led by Hooper; main points of attack;

second Act of Uniformity and the "low church" prayer-book of 1552; liturgy

thus completed still survives

124

. 125

The Forty-two Articles of 1553, afterwards reduced to Thirty-nine; prior formu-

laries put forward by Lutherans, Calvinists, and Roman Catholics; process of

definition began in England with the Ten Articles of 1536; the making and

promulgation of the Forty-two Articles; Hardwick's statement; not until 1563

were the Forty-two Articles reduced to Thirty-nine; the final revision of 1571 . 126

Abortive attempt made to codify the ecclesiastical laws; ancient canons, not in

conflict with Reformation statutes, continued in force; unsuccessful attempt to

codify made in Henry's reign revived by 3 & 4 Edw. VI. c. 11; appointment of

a commission; refusal of parliament to approve the results of its labors; since

the failure to make a code, convocation has enacted such canons as the disci- .

pline of the church required; canons of Elizabeth; compilation made by con-

vocation in the reign of James I. remained unaltered until 1865

. 128

Great administrative disorder at the end of Edward's reign; parliament met in

March, 1553; memorable attempt to influence elections to the lower house;

the system of royal nominations; spirit of resistance so great that parliament

was dissolved in the month in which it met; Edward's approaching death forces

Northumberland to attempt to regulate the succession; the legal difficulties to

be overcome; claims of Mary and Elizabeth; claims of the house of Suffolk;

the marriage between Lady Grey and Guildford Dudley; Edward's illegal

attempt to set aside all claimants prior to Jane by means of a will; will executed

June 21, and Edward died July 6, 1553; failure of Northumberland's conspiracy 130

CHAPTER IV.

MARY AND THE CATHOLIC REACTION.

1. The First Two Stages of the English Reformation: the first, embodying
only a legal and ecclesiastical separation from Rome, was cheerfully accepted
by the bulk of the nation, with the understanding that the ancient dogma and
ritual should be retained
. 133

The second stage, embodying a change of dogma and ritual, not accepted at first

by the bulk of the nation; the cause greatly prejudiced during the second stage

by the greed and recklessness of its leaders; the nation finally refused to sup-

port the protestant party headed by Northumberland, even in the interest of

Jane Grey; religious status of Mary; her right to the crown sanctioned by par-

liament; proclaimed by the council in London on the 19th of July, 1553; visits

the Tower and releases Norfolk and Gardiner

134

2. Mary's Accession: the conservative policy of Gardiner; his views as to the

supremacy; sent to the Tower by Somerset; comes back to power resolved to

restore Henry's ecclesiastical system; Mary's first parliament legislated only

to that extent; treasons act of 25 Edw. III. restored; queen's legitimacy settled

and her mother's divorce annulled; nine statutes of Edward's reign, as to creed

and ritual, repealed; form of divine service in use at the end of Henry's reign

reëstablished by law; Act of Supremacy not repealed, Mary remaining the

"Supreme Head" down to April, 1554

• 135

Mary resolved from the outset to reëstablish the Roman supremacy; seeks to

strengthen her hands by a marriage with Philip; Cardinal Pole advocates the

alliance; marriage treaty executed in January, 1554; national opposition to the

marriage; the commons petitioned against it; the revolt under Wyatt; the

queen's triumph; Lady Jane Grey, Wyatt, and others sent to the block, and

Elizabeth to the Tower; protestant party crushed; Mary inaugurates a policy of

reaction; a marriage bill passed by parliament; also an act to legalize Mary's

position as the first queen regnant; Philip and Mary married in July, 1554 137

3. The Reconciliation with Rome, - Philip and Pole: Philip attempts to
conciliate the nation by assurances to the holders of church property; Pole
authorized to "treat, compound, and dispense" as to rents and profits; power
to alienate real property finally granted; means employed by Philip to secure a
compliant parliament; papal supremacy reestablished, after an interval of thirty
years; Pole's attainder reversed; parliament acknowledges the supremacy and
receives absolution; contents of the act embodying the new concordat; list of
the Reformation statutes repealed; all that remained of Henry's ecclesiastical

legislation thus swept away; precautions taken to secure the holders of church
property against the claims of the clergy; authority of church courts restored
with a proviso which involved a relinquishment; mortmain act suspended for
twenty years; parliament defends the rights of Elizabeth; the regency bill;
revival of the heresy statutes

139
4. The Persecution and its Consequences: clerical exemptions; origin of the
church courts and the growth of the canon law; criminal jurisdiction of the
church courts; right to punish sin as such usually limited in practice to heresy,
blasphemy, and certain other offences; inquisitorial procedure; the ex officio
oath; enforcement of clerical decrees; imprisonment under the writ de ex com-
municato capiendo