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* Le Neve’s Fasti Eccles. Angl.

** 25 Henry VIII. cap, 19.

*** Collier, vol. ii. p. 69, 70.

But the most important law passed this session was that which regulated the succession to the crown: the marriage of the king with Catharine was declared unlawful, void, and of no effect: the primate’s sentence annulling it was ratified: and the marriage with Queen Anne was established and confirmed. The crown was appointed to descend to the issue of this marriage, and failing them, to the king’s heirs forever. An oath likewise was enjoined to be taken in favor of this order of succession, under the penalty of imprisonment during the king’s pleasure, and forfeiture of goods and chattels. And all slander against the king, queen, or their issue, was subjected to the penalty of misprision of treason. After these compliances, the parliament was prorogued; and those acts, so contemptuous towards the pope, and so destructive of his authority, were passed at the very time that Clement pronounced his hasty sentence against the king. Henry’s resentment against Queen Catharine, on account of her obstinacy, was the reason why he excluded her daughter from all hopes of succeeding to the crown; contrary to his first intentions, when he began the process of divorce, and of dispensation for a second marriage.

The king found his ecclesiastical subjects as compliant as the laity. The convocation ordered that the act against appeals to Rome, together with the king’s appeal from the pope to a general council should be affixed to the doors of all the churches in the kingdom: and they voted that the bishop of Rome had, by the law of God, no more jurisdiction in England than any other foreign bishop; and that the authority which he and his predecessors had there exercised, was only by usurpation, and by the sufferance of English princes. Four persons alone opposed this vote in the lower house, and one doubted. It passed unanimously in the upper. The bishops went so far in their complaisance, that they took out new commissions from the crown, in which all their spiritual and episcopal authority was expressly affirmed to be derived ultimately from the civil magistrate, and to be entirely dependent on his good pleasure.[*]

The oath regarding the succession was generally taken throughout the kingdom. Fisher, bishop of Rochester, and Sir Thomas More, were the only persons of note that entertained scruples with regard to its legality. Fisher was obnoxious on account of some practices into which his credulity, rather than any bad intentions, seems to have betrayed him. But More was the person of greatest reputation in the kingdom for virtue and integrity; and as it was believed that his authority would have influence on the sentiments of others, great pains were taken to convince him of the lawfulness of the oath. He declared that he had no scruple with regard to the succession, and thought that the parliament had full power to settle it: he offered to draw an oath himself which would insure his allegiance to the heir appointed; but he refused the oath prescribed by law; because the preamble of that oath asserted the legality of the king’s marriage with Anne, and thereby implied that his former marriage with Catharine was unlawful and invalid. Cramner, the primate, and Cromwell, now secretary of state, who highly loved and esteemed More, entreated him to lay aside his scruples; and their friendly importunity seemed to weigh more with him than all the penalties attending his refusal.[**] He persisted, however, in a mild though firm manner, to maintain his resolution; and the king, irritated against him as well as Fisher, ordered both to be indicted upon the statute, and committed prisoners to the Tower.

* Collier’s Eccles. Hist. vol. ii.

** Burnet, vol. i. p. 156.

The parliament, being again assembled, conferred on the king the title of the only supreme “head” on earth of the church of England; as they had already invested him with all the real power belonging to it. In this memorable act, the parliament granted him power, or rather acknowledged his inherent power, “to visit, and repress, redress, reform, order, correct, restrain, or amend all errors, heresies, abuses, offences, contempts, and enormities, which fell under any spiritual authority or jurisdiction.”[*] They also declared it treason to attempt, imagine, or speak evil against the king, queen, or his heirs; or to endeavor depriving them of their dignities or titles. They gave him a right to all the annates and tithes of benefices which had formerly been paid to the court of Rome. They granted him a subsidy and a fifteenth. They attainted More and Fisher for misprision of treason. And they completed the union of England and Wales, by giving to that principality all the benefit of the English laws.

* 26 Henry VIII. cap. 1.

Thus the authority of the popes, like all exorbitant power, was ruined by the excess of its acquisitions, and by stretching its pretensions beyond what it was possible for any human principles or prepossessions to sustain. Indulgences had in former ages tended extremely to enrich the holy see; but being openly abused, they served to excite the first commotions and opposition in Germany. The prerogative of granting dispensations had also contributed much to attach all the sovereign princes and great families in Europe to the papal authority; but meeting with an unlucky concurrence of circumstances, was now the cause why England separated herself from the Romish communion. The acknowledgment of the king’s supremacy introduced there a greater simplicity in the government, by uniting the spiritual with the civil power, and preventing disputes about limits, which never could be exactly determined between the contending jurisdictions. A way was also prepared for checking the exorbitances of superstition, and breaking those shackles by which all human reason, policy, and industry had so long been encumbered. The prince, it may be supposed, being head of the religion, as well as of the temporal jurisdiction of the kingdom, though he might sometimes employ the former as an engine of government, had no interest, like the Roman pontiff, in nourishing its excessive growth; and, except when blinded by his own ignorance or bigotry, would be sure to retain it within tolerable limits, and prevent its abuses. And on the whole, there followed from this revolution many beneficial consequences; though perhaps neither foreseen nor intended by the persons who had the chief hand in conducting it.

While Henry proceeded with so much order and tranquillity in changing the national religion, and while his authority seemed entirely secure in England, he was held in some inquietude by the state of affairs in Ireland and in Scotland.

The earl of Kildare was deputy of Ireland, under the duke of Richmond, the king’s natural son, who bore the title of lieutenant; and as Kildare was accused of some violences against the family of Ossory, his hereditary enemies, he was summoned to answer for his conduct. He left his authority in the hands of his son, who, hearing that his father was thrown into prison, and was in danger of his life, immediately took up arms, and joining himself to Oneale, Ocarrol, and other Irish nobility, committed many ravages, murdered Allen, archbishop of Dublin, and laid siege to that city. Kildare meanwhile died in prison; and his son, persevering in his revolt, made applications to the emperor, who promised him assistance. The king was obliged to send over some forces to Ireland, which so harassed the rebels, that this young nobleman, finding the emperor backward in fulfilling his promises, was reduced to the necessity of surrendering himself prisoner to Lord Leonard Gray, the new deputy, brother to the marquis of Dorset. He was carried over to England, together with his five uncles; and after trial and conviction, they were all brought to public justice; though two of the uncles, in order to save the family, had pretended to join the king’s party.