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
II., Henry IV., and other noble kings of this realm, made sundry
ordinances, laws, and provisions for the conservation of the prerogatives,
liberties, and pre-eminences of the imperial crown of this realm, and of
the jurisdiction spiritual and temporal of the same, to keep it from the
annoyance as well of the see of Rome as from the authority of other foreign
potentates attempting the diminution or violation thereof, as often as from
time to time any such annoyance or attempt might be known or espied: and
notwithstanding the said good statutes and ordinances, and since the making
thereof, divers inconveniences and dangers not provided for plainly by the
said statutes, have risen and sprung by reason of appeals sued out of this
realm to the see of Rome, in causes testamentary, causes of matrimony and
divorce, right of tithes, oblations, and obventions, not only to the great
inquietation, vexation, trouble, costs, and charges of the King's Highness,
and many of his subjects and residents in this his realm; but also to the
delay and let of the speedy determination of the said causes, for so much
as parties appealing to the said court of Rome most commonly do the same
for the delay of justice; and forasmuch as the great distance of way is so
far out of this realm, so that the necessary proofs, nor the true knowledge
of the causes, can neither there be so well known, nor the witnesses so
well examined there as within this realm, so that the parties grieved by
means of the said appeals be most times without remedy; in consideration
hereof, all testamentary and matrimonial causes, and all suits for tithes,
oblations, and obventions shall henceforth be adjudged in the spiritual and
temporal courts within the realm, without regard to any process of foreign
jurisdiction, or any inhibition, excommunication, or interdict. Persons
procuring processes, inhibitions, appeals, or citations from the court of
Rome, as well as their fautors, comforters, counsellors, aiders and
abettors, all and every of them shall incur the penalties of premunire; and
in all such cases as have hitherto admitted of appeal to Rome, the appeals
shall be from the Archdeacon's court to the Bishop's court, from the
Bishop's court to that of the Archbishop, and no further."[416]
The act was carried through Parliament in February, but again, as with the
Annates Bill, the king delayed his sanction till the post could reach and
return from the Vatican. The Bishop of Bayonne wrote that there was hope
that Clement might yet give way, and entreated that the king would send an
"excusator," a person formally empowered to protest for him that he could
not by the laws of England plead at a foreign tribunal; and that with this
imperfect recognition of his authority the pope would be satisfied.
Chastillon, the French ambassador, had an interview with the king, to
communicate the bishop's message.
Public-domain text, read in full here on John Shaqi.
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