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
previously given the pope several intimations that he could proceed in
his divorce without him. For, besides a strong remonstrance by letter
from the temporal peers as well as bishops against the procrastination
of sentence in so just a suit, the opinions of English and foreign
universities had been laid before both houses of parliament and of
convocation, and the divorce approved without difficulty in the former,
and by a great majority in the latter. These proceedings took place in
the first months of 1531, while the king's ambassadors at Rome were
still pressing for a favourable sentence, though with diminished hopes.
Next year the annates, or first fruits of benefices, a constant source
of discord between the nations of Europe, and their spiritual chief,
were taken away by act of parliament, but with a remarkable condition,
that if the pope would either abolish the payment of annates, or reduce
them to a moderate burthen, the king might declare before next session,
by letters patent, whether this act, or any part of it, should be
observed. It was accordingly confirmed by letters patent more than a
year after it received the royal assent.
It is difficult for us to determine whether the pope, by conceding to
Henry the great object of his solicitude, could in this stage have not
only arrested the progress of the schism, but recovered his former
ascendency over the English church and kingdom. But probably he could
not have done so in its full extent. Sir Thomas More, who had rather
complied than concurred with the proceedings for a divorce, though his
acceptance of the great seal on Wolsey's disgrace would have been
inconsistent with his character, had he been altogether opposed in
conscience to the king's measures, now thought it necessary to resign,
when the papal authority was steadily, though gradually, assailed.[92]
In the next session an act was passed to take away all appeals to Rome
from ecclesiastical courts; which annihilated at one stroke the
jurisdiction built on long usage and on the authority of the false
decretals. This law rendered the king's second marriage, which had
preceded it, secure from being annulled by the papal court. Henry,
however, still advanced, very cautiously, and on the death of Warham,
Archbishop of Canterbury, not long before this time, applied to Rome for
the usual bulls in behalf of Cranmer, whom he nominated to the vacant
see. These were the last bulls obtained, and probably the last instance
of any exercise of the papal supremacy in this reign. An act followed in
the next session, that bishops elected by their chapter on a royal
recommendation, should be consecrated, and archbishops receive the pall,
without suing for the pope's bulls. All dispensations and licences
hitherto granted by that court were set aside by another statute, and
the power of issuing them in lawful cases transferred to the Archbishop
of Canterbury. The king is in this act recited to be the supreme head of
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