Constitutional History of England, Henry VII to George II. Volume 1 of 3Hallam, Henry
History
Constitutional History of England, Henry VII to George II. Volume 1 of 3
Hallam, Henry
Constitutional history -- Great Britain
pope should decide, now resolved to break off all intercourse for ever,
and trust to his own prerogative and power over his subjects for
securing the succession to the crown in the line which he designed. It
was doubtless a regard to this consideration that put him upon his last
overtures for an amicable settlement with the court of Rome.[90]
But long before this final cessation of intercourse with that court,
Henry had entered upon a course of measures which would have opposed
fresh obstacles to a renewal of the connection. He had found a great
part of his subjects in a disposition to go beyond all he could wish in
sustaining his quarrel, not, in this instance, from mere terror, but
because a jealousy of ecclesiastical power, and of the Roman court, had
long been a sort of national sentiment in England. The pope's avocation
of the process to Rome, by which his duplicity and alienation from the
king's side was made evident, and the disgrace of Wolsey, took place in
the summer of 1529. The parliament which met soon afterwards was
continued through several sessions (an unusual circumstance), till it
completed the separation of this kingdom from the supremacy of Rome. In
the progress of ecclesiastical usurpation, the papal and episcopal
powers had lent mutual support to each other; both consequently were
involved in the same odium, and had become the object of restrictions in
a similar spirit. Warm attacks were made on the clergy by speeches in
the Commons, which Bishop Fisher severely reprehended in the upper
house. This provoked the Commons to send a complaint to the king by
their speaker, demanding reparation; and Fisher explained away the words
that had given offence. An act passed to limit the fees on probates of
wills, a mode of ecclesiastical extortion much complained of, and upon
mortuaries.[91] The next proceeding was of a far more serious nature.
It was pretended, that Wolsey's exercise of authority as papal legate
contravened a statute of Richard II., and that both himself and the
whole body of the clergy, by their submission to him, had incurred the
penalties of a præmunire, that is, the forfeiture of their movable
estate, besides imprisonment at discretion. These old statutes in
restraint of the papal jurisdiction had been so little regarded, and so
many legates had acted in England without objection, that Henry's
prosecution of the church on this occasion was extremely harsh and
unfair. The clergy, however, now felt themselves to be the weaker party.
In convocation they implored the king's clemency, and obtained it by
paying a large sum of money. In their petition he was styled the
protector and supreme head of the church and clergy of England. Many of
that body were staggered at the unexpected introduction of a title that
seemed to strike at the supremacy they had always acknowledged in the
Roman see. And in the end it passed only with a very suspicious
qualification, "so far as is permitted by the law of Christ." Henry had
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