Great Britain -- History -- Mary I, 1553-1558; Mary I, Queen of England, 1516-1558
Here the act might have been expected to end. The nature of the
transaction between the parliament and the pope had been made
sufficiently clear. Yet, had nothing more been said, the surrender of
their claims by the clergy would have implied that they had parted
with something which they might have legitimately required. Under the
inspiration of the lawyers, therefore, a series of clauses were
superadded, explaining that, notwithstanding the dispensation, "The
title of all lands, possessions, and hereditaments in their majesties'
realms and dominions was grounded in the laws, statutes, and customs
of the same, and by their high jurisdiction, authority royal, and
crown imperial, _and in their courts only_, might be impleaded,
ordered, tried, and judged, and none otherwise:" and, therefore,
"whosoever, by any process obtained out of any ecclesiastical court
within the realm or without, or by pretence of any spiritual
jurisdiction or otherwise, contrary to the laws of the realm, should
inquiet or molest any person or persons, or body politic, for any of
the said lands or things above specified, should incur the danger of
Premunire, and should suffer and incur the forfeitures and pains
contained in the same."[427]
[Footnote 427: Ibid.]
Vainly the clergy had entreated for a limitation or removal of
Premunire. That spectre remained unexorcised in all its shadowy
terror; and while it survived, the penitence of England went no deeper
than the lips, however fine the words and eloquent the phrases in
which it was expressed. As some compensation, the Mortmain Act was
suspended for twenty years. Yet, as if it were in reply to Pole's
appeal, a mischievous provision {p.185} closed the act, that,
notwithstanding anything contained in it, laymen entitled to tithes
might recover them with the same readiness as before the first day of
the present parliament.[428]
[Footnote 428: 1 and 2 Philip and Mary, cap. 8,
sec. 31.]
Such was the great statute of reconciliation with Rome, with which, in
the inability to obtain a better, the legate was compelled to be
satisfied, and to reconsider his threat of going back to Italy.
Public-domain text, read in full here on John Shaqi.
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