The Reign of Henry the Eighth, Volume 1 (of 3)Froude, James Anthony
History
The Reign of Henry the Eighth, Volume 1 (of 3)
Froude, James Anthony
Great Britain -- History -- Henry VIII, 1509-1547; Henry VIII, King of England, 1491-1547
Under these conditions the Tudor princes became loyal subjects to the Holy
See, and so they would have willingly remained, had not Clement, in an evil
hour for himself, forgotten the terms of the compact. He laid upon a legal
fiction a strain which his predecessors, in their palmiest days, would have
feared to attempt; and the nation, after grave remonstrance, which was only
received with insults, exorcised the chimaera with a few resolute words for
ever. The parliament, in asserting the freedom of England, carefully chose
their language. They did not pass a new law, but they passed an act
declaratory merely of the law which already existed, and which they were
vindicating against illegal encroachment. "Whereas," says the Statute of
Appeals, "by divers sundry old authentic histories and chronicles, it is
manifestly declared and expressed that this realm of England is an empire,
and so hath been accepted in the world; governed by one supreme head and
king, having the dignity and royal estate of the imperial crown of the
same; unto whom a body politic compact of all sorts and degrees of people,
divided in terms by names of spiritualty and temporalty, be bound and ought
to bear, next to God, a natural and humble obedience: he being also
institute and furnished by the goodness and sufferance of Almighty God with
plenary, whole, and entire power, pre-eminence and authority, prerogative
and jurisdiction, to render and yield justice and final determination to
all manner of folk resident or subject within this his realm, without
restraint or provocation to any foreign prince or potentate of the world:
the body spiritual whereof having power when any cause of the law divine
happened to come in question, or of spiritual learning, [such cause being]
declared, interpret, and shewed by that part of the body politic called the
spiritualty, now usually called the English church; (which also hath been
reported and also found of that sort, that both for knowledge, integrity,
and sufficiency of numbers, it hath been always thought to be, and is also
at this hour sufficient and meet of itself, without the interfering of any
exterior person or persons, to declare and determine all such doubts, and
to administer all such offices and duties as to the administration of their
rooms spiritual doth appertain): and the laws temporal, for trial of
property of lands and goods, and for the conservation of the people of this
realm in unity and peace, having been and yet being administered, adjudged,
and executed by sundry judges and administers of the said body politic
called the temporalty: and seeing that both these authorities and
jurisdictions do conjoin together for the due administration of justice,
the one to help the other: and whereas the king's most noble progenitors,
and the nobility and commons of this said realm at divers and sundry
parliaments, as well in the time of King Edward I., Edward III., Richard
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