The Growth of the English Constitution from the Earliest TimesFreeman, Edward A. (Edward Augustus)
History
The Growth of the English Constitution from the Earliest Times
Freeman, Edward A. (Edward Augustus)
Constitutional history -- Great Britain
Mary, on her accession,
raked up the whole story of her mother’s marriage and divorce, and the
Act of the first year of her reign recognized her as inheriting by
legitimate succession. The Act passed on the accession of Elizabeth,
1 Eliz. c. 3, is much vaguer. It enacts “that your majestie our sayd
Sovereigne Ladye ys and in verye dede and of most meere right ought
to bee by the Lawes of God and the Lawes and Statutes of this Realme
our most rightfull and lawfull Sovereigne liege Ladie and Quene; and
that your Highness ys rightlye lynyallye and lawfully discended and
come of the bloodd royall of this Realme of Englande in and to whose
princely person and theires of your bodye lawfully to bee begotten
after youe without all doubte ambiguitee scruple or question the
imperiall and Royall estate place crowne and dignitie of this Reallme
withe all honnours stiles titles dignities Regalities Jurisdiccons and
preheminences to the same nowe belonging & apperteyning arre & shalbee
most fully rightfully really & entierly invested & incorporated united
& annexed as rightfully & lawfully to all intentes construccons &
purposes as the same were in the said late Henrye theight or in the
late King Edwarde the Syxte your Highnes Brother, or in the late Quen
Marye your Highnes syster at anye tyme since thacte of parliament made
in the xxxvth yere of the reigne of your said most noble father king
Henrye theight.”
It should be remembered that Sir Thomas More, though he refused to
swear to the preamble of the oath prescribed by the Act of Supremacy,
was ready to swear to the order of succession which entailed the Crown
on the issue of Anne Boleyn. On his principles the issue of Anne Boleyn
would be illegitimate; but he also held that Parliament could settle
the Crown upon anybody, on an illegitimate child of the King or on an
utter stranger; to the succession therefore he had no objection to
swear.
For a parallel to the extraordinary power thus granted to Henry we have
to go back to the days of Æthelwulf.
(43) The position of the daughters of Henry the Eighth was of course
practically affected by the fact that each was the child of a mother
who was acknowledged as a lawful wife at the time of her daughter’s
birth. There was manifest harshness in ranking children so born with
ordinary illegitimate children; but, in strictness of Law, as Henry
married Anne Boleyn while Katharine of Aragon was alive, the daughter
of Katharine and the daughter of Anne could not both be legitimate.
The question was, which marriage was lawful. It should also be
remembered that the marriage of Anne Boleyn was declared void, and her
daughter declared illegitimate, on grounds—whatever they were—which had
nothing to do with the earlier question of the marriage and divorce of
Katharine.
Public-domain text, read in full here on John Shaqi.
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