On April 11th, 1533, the new Primate asked the King to permit him to try
the question of the Divorce before his own ecclesiastical court; and
leave was granted him on the following day, as the principal minister
"of our spiritual jurisdiction."[415] The trial was begun, and the
court, acting on the decisions of Convocation two months earlier, which
had declared[416] that no dispensation could be given for a marriage
with the widow of a brother provided the marriage had been consummated,
and[417] that the marriage between Arthur and Catharine had been
consummated, pronounced that the marriage between the King and Catharine
of Aragon was null and void.[418] This was followed by an inquiry about
the marriage between the King and Anne Boleyn, which was pronounced
valid, and preparations were made for the coronation of Queen Anne,
which took place on June 1st, 1533.[419]
This act of defiance to Rome was at once resented by the Pope. The Curia
declared that the marriage between Henry and Catharine was lawful, and a
Bull was issued commanding Henry to restore Catharine and put away Anne
within ten days on pain of excommunication; which sentence the Emperor,
all Christian Princes, and Henry's own subjects were called upon to
execute by force of arms.[420]
The action at Rome was answered from England by the passing of several
strong Acts of Parliament--all in 1534. They completed the separation of
the Church and people of England from the See of Rome.
1. The Act forbidding the payment of _annates_ to the Pope was again
introduced, and this time made absolute; no _annates_ were for the
future to be sent to Rome as the first-fruits of any benefice. In the
same Act new provisions were made for the appointment of Bishops; they
were for the future to be elected by the Deans and Chapters on receiving
a royal letter of leave and nomination.[421]
2. An Act forbidding the payment of Peter's Pence to the Bishop of Rome;
forbidding all application to the Pope for dispensations; and declaring
that all such dispensations were to be sought for in the ecclesiastical
courts within England.[422]
3. The Act of Succession, which was followed by a second within the same
year in which the nullity of the marriage of Henry with Catharine of
Aragon was clearly stated, and Catharine was declared to be the
"Princess of Wales," _i.e._ the widow of Arthur; which affirms the
validity of the King's marriage with Anne Boleyn, and declares that all
the issue of that marriage are legitimate; and which affirms that,
failing male succession, the crown falls to the Princess Elizabeth.[423]
4. The Supremacy Act, which declares that the King is rightfully the
_Supreme Head of the Church of England_, has been recognised as such by
Convocation, and that it is within his powers to make ecclesiastical
visitations and to redress ecclesiastical abuses.[424]
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