The Act concerning Peter pence and Dispensations.

 

 ‘Most humbly beseeching your most Royal Majesty, your obedient and faithful Subjects, the Commons of this your present Parliament assembled, by your most dread Commandment, That where your Subjects of this your Realm, and of other Countries and Dominions, being under your Obeysance, by many Years past have been, and yet be greatly decayed and impoverished, by such intolerable Exactions of great Sums of Money as have been claimed and taken, and yet continually be claimed to be taken out of this your Realm, and other your said Countries and Dominions, by the Bishop of Rome called the Pope, and the See of Rome, as well in Pensions, Censes, Peter-pence, Procurations, Fruits, Suits for Provisions, and Expeditions of Bulls for Archbishopricks and Bishopricks, and for Delegacies, and Rescripts in Causes of Contentions and Appeals, Jurisdictions Legantine, and also for Dispensations, Licences, Faculties, Grants, Relaxations, Writs called Perinde valere, Rehabilitations, Abolitions, and other infinite sorts of Bulls, Breeves, and Instruments of sundry Natures, Names and Kinds, in great Numbers heretofore practised and obtained, otherwise than by the Laws, laudable Uses, and Customs of this Realm should be permitted, the Specialties whereof been over long, large in Number, and tedious here particularly to be inserted ; (2) wherein the Bishop of Rome aforesaid hath not been only to be  blamed for his Usurpation in the Premisses, but also for his abusing and beguiling your Subjects, tending and persuading them that he hath Power to dispense with all human Laws, Uses and Customs of all Realms, in all Causes which be called Spiritual, which Matter hath been usurped and practised by him and his Predecessors for many Years, in great Derogation of your Imperial Crown and Authority Royal, contrary to Right and Conscience ; (3) for where this your Grace’s Realm recognising no Superior  under God, but only your Grace, hath been and is free from Subjection to any Man’s Laws, but only to such as have been devised, made and obtained within this Realm, for the Wealth of the same, or to such other as by Sufferance, of your Grace and your Progenitors, the People of this your Realm have taken at their free Liberty, by their own Consent to be used amongst them, and have bound themselves by long Use and Custom to the Observance of the same, not as to the Observance of Laws of any foreign  Prince, Potentate or Prelate, but as to the customed and ancient Laws of this Realm, originally  established as Laws of same, by the said Sufferance, Consents and Custom, and none otherwise (4) It standeth therefore with natural Equity and good Reason, that in all and every such Laws human made within this Realm, or induced into this Realm by the said Sufferance, Contents and Custom, your Royal Majesty, and your Lords Spiritual and Temporal, and Commons, representing the whole State of your Realm, in this your most high Court of Parliament, have full Power and Authority, not only to dispense, but also to authorize some elect Person or Persons to dispense with those, and all other human Laws of this your Realm, and with every one of them, as the Quality of the Persons and Matter shall require ; (5) and also the said Laws, and every of them, to abrogate, annul, amplify or diminish, as it shall be seen unto your Majesty, and the Nobles and Commons of your Realm present in your Parliament, meet and convenient for the Wealth of your Realm, as by divers good and wholsome Acts of Parliaments, made and established as well in your Time, as in the Time of your most noble Progenitors, it may plainly and evidently appear ; (6) and because that it is now in these Days present seen, that the State, Dignity, Superiority, Reputation and Authority of the said Imperial Crown of this Realm, by the long Sufferance of the said unreasonable and uncharitable Usurpations and Exactions practised in the Times of your most noble Progenitors, is much and fore decayed and diminished, and the People of this Realm thereby impoverished, and so or worse be like to continue, if Remedy be nor therefore shortly provided :’

 

II. It may therefore please your most noble Majesty, for the Honour of Almighty God, and for the ten­der Love, Zeal and Affection that ye bear, and always have born to the Wealth of this your Realm and Subjects of the same, forasmuch as your Majesty is supreme Head of the Church of England, as the Pre­lates and Clergy of your Realm, representing the said Church, in their Synods and Convocations have re­cognized, in whom consisteth full Power and Authority, upon all such Laws as have been made and used within this Realm, to ordain and enact, by the Assent of your Lords Spiritual and Temporal, and the Commons, in this your Present Parliament assembled, and by Authority of the same, That no Person or Persons of this your Realm, or of any other your Dominions, shall from henceforth pay any Pensions, Censes, Portions, Peter-pence or any other Impositons, to the Use of the said Bishop, or of the See of Rome, like as heretofore they have used, by Usurpation of the said Bishop of Rome and his Predecessors, and Sufferance of your Highness, and your most noble Progenitors, to do; (2) but that all such Pensions, Censes, Portions and Peter-pence, which the said Bishop of Rome, otherwise called the Pope, hath here­tofore taken and perceived, or caused to be taken and perceived to his Use, and his Chambers, which he calleth Aposlolick, by Usurpation and Sufferance, as is abovesaid, within this your Realm, or any other your Dominions, shall from henceforth clearly surcease, and never more be levied, taken, perceived nor paid to any Person or Persons in any manner of wise ; any Constitution, Use, Prescription or Custom to the contrary thereof notwithstanding,

 

III. And be it further enacted by the Authority aforesaid, That neither your Highness, your Heirs nor Successors, Kings of this Realm, nor any your Subjects of this Realm, nor of any other your Dominions, shall from henceforth sue to the said Bishop of Rome, called the Pope, or to the See of Rome, or to any Person or Persons having or pretending any Authority by the same, for Licences, Dispensations, Compositions, Faculties, Grants, Rescripts, Delegacies, or any other Instruments or Writings, of what Kind, Name, Nature or Quality soever they be of, for any Cause or Matter, for the which any Licence, Dispensation, Composition, Faculty, Grant, Rescript, Delegacy, Instrument, or other Writing, heretofore hath been used and accustomed to be had and obtained at the See of Rome, or by Authority thereof, or of any Prelates of this Realm ; (2) nor for any manner of other Licences, Dispensations, Compositions, Faculties, Grants, Rescripts, Delegacies, or any other Instruments or Writings that in Causes of Necessity may lawfully be granted without offending of the Holy Scriptures and Laws of God ; (3) but that from henceforth every such Licence, Dispensation, Composition, Faculty, Grant, Rescript, Delegacy, Instrument and other Writing afore named and mentioned, necessary for your Highness, your Heirs and Successors, and your and their People and Subjects, upon the due Examinations of the Causes and Qualities of the Persons procuring such Dispensations, Licences, Compositions, Faculties, Grants, Rescripts, Delegacies, Instruments or other Writings, shall be granted, had or obtained, from Time to Time, within this your Realm, and other Dominions, and not elsewhere, (4) in Manner and Form following, and none otherwise , that is to say, The Archbishop of Canterbury for the Time being, and his Successors, shall have Power and Authority, from Time to Time, by their Discretions, to give, grant and dispose, by an Instrument under the Seal of the said Archbishop, unto your Majesty, and to your Heirs and Successors, Kings of This Realm, as well all manner such Licences, Dispensations, Compositions, Faculties, Grants, Rescripts, Delegacies, Instruments and all other Writings, for Causes not being contrary or repugnant to the Holy Scriptures and Laws of God, as heretofore hath been used and accustomed to be had and obtained by your Highness, Or any your most noble Progenitors, or any of your or their Subjects, at the See of Rome, or any Person or Persons by Authority of the tame; (5) and all other Licences, Dispentations, Faculties, Compositions, Grants, Rescripts, Delegacies, Instruments and other Writings, in, for and upon all such Causes and Matters as shall be Convenient and necessary to be had, for the Honour and Surety of your Highness, your Heirs and Successors, and the Wealth and Profit of this your Realm; (6) sothat the said Archbishop or any of his Successors, in no manner wise shall grant any Dispensation, Licence, Rescript, or any other Writing afore rehearsed, for any Cause or Matter repugnant to the Law of Almighty God.

 

IV. Be it also enacted by Authority aforesaid, That the said Archbishop and his Successors, after good and due Examination, by them had, of the Causes and Qualities of the Persons procuring for Licence, Dispensations, Compositions, Faculties, Delegacies, Rescripts, Instruments or other Writings, shall have full Power and Authority by themselves, or by their sufficient and substantial Commissary or Deputy, by their Discretions, from Time to Time, to grant and dispose, by an Instrument under the Name and Seal of the said Archbishop, as well to any of your Subjects, as to the Subjects of your Heirs and Successors, all manner Licences, Dispensations, Faculties, Compositions, Delegacies, Rescripts, Instruments or other Writings, for any such Cause or Matter, whereof heretofore such Licences, Dispensations, Compositions, Faculties, Delegacies, Rescripts, Instruments or Writings, have been accustomed to be had at the See of Rome, or by the Authority thereof, or of any Prelate of this Realm.

 

V. And that the said Archbishop and his Commissary, shall not grant any other Licence, Dispensation, Composition, Faculty, Writing or Instrument, in Cases unwont, and not accustomed to be had or ob­tained at the Court of Rome, nor by Authority thereof, nor by any Prelate of this Realm, until your Grace, your Heirs and Successors, or your or their Council shall first be advertised thereof, and determine whether such Licences, Dispensations, Compositions, Faculties, or other Writings in such Cases unwont and not accustorned to be dispensed withal, or obtained, shall commonly pass as other Dispensations, Faculties, or other Writings, shall or no, (a) upon Pain that the Grantors of every such Licence, Dispensation, or Writing, in such Cases unwont, contrary to this Act, shall make Fine at the Will and Pleasure of your Grace, your Heirs and Successors ; (3) and if it be thought and determined by your Grace, your Heirs or Successors, or your or their Council, that Dispensations, Faculties, Licences, or other Writings, in any such Case unwont, shall pass, then the said Archbishop or his Commissary, having Licence of your Highness, your Heirs or Successors for the same, by your or their Bill assigned, shall dispense with them ac­cordingly.

 

VI. Provided always, That no manner of Dispensations, Licences, Faculties, or other Rescripts or Writings hereafter to he granted to any Person or Persons, by Virtue or Authority of this Act, by the said Archbishop or his Commissary, being of such Importance, that the Tax of the Expedition thereof at Rome, extended to the Sum of four Pounds or above, shall in any wise be put in Execution, till the same Licence, Dispensation, Faculty, Rescript, or other Writing, of what Name or Nature soever it be of, be first con­firmed by your Highness, your Heirs or Successors, Kings of this Realm, under the Great Seal, and inrolled in your Chancery in a Roll, by a Clerk to be appointed for the same; (2) and that this Act shall be a sufficient Warrant to the Chancellor of England for the Time being, or to him whom your Grace, your Heirs or Successors, shall depute to be Keeper of the Great Seal, to confirm in your Name, your Heirs or Successors, the foresaid Writings, passed under the said Archbishop’s Seal, by Letters Patents, in due Form thereof to be made under your Great Seal, remitting as well the said Writing under the Archbishop’s Seal, as the said Confirmation under the Great Seal, to the Parties from Time to Time procuring for the same ; (3) and that all such Licences, Dispensations, Faculties, and other Rescripts and Writings, for the Ex­pedition of the which the said Taxes to be paid at Rome, was under iv. li.  which be Matters of no great Importance, shall pass only by the Archbishop’s Seal, and shall not of any Necessity be confirmed by the Great Seal, unless the Procurers of such Licence, Faculty or Dispensation, desire to have them so con­firmed; (4) in which Case they shall pay for the said Great Seal, to the Use of your Highness, your Heirs and Successors, v. s. Sterling, and not above, over and besides such Taxes as shall be hereafter limited for the making, Writing, registring, confirming and inrolling of such Licences, Confirmations, and Writings under the said Tax of iv.li.

 

VII. And that every such Licence, Dispensation, Composition, Faculty, Rescript and Writing, of what Name or Nature soever it be, for such Causes as the Tax was wont to be iv. li. or above, so granted by the Archbishop, and confirmed under the Great Seal, and all other Licences, Dispensations, Faculties, Rescripts, and Writings hereafter to be granted by the Archbishop, by Virtue and Authority of this Act, whereunto the Great Seal is not limited of Necessity to be put to, by reason that the Tax of them is under iv. li. shall be accepted, approved, allowed, and admitted good and effectual in the Law in all Places, Courts and Jurisdictions, as well Spiritual as Temporal, within this Realm, and elsewhere within your Dominions, and as beneficial to the Persons obtaining the same, as they should have been if they had been obtained, with all Things requisite, of the See of Rome, or of any other Person by Authority thereof, Without any Revocation or Repeal hereafter to be had of any such Licences, Dispensations, Faculties, Rescripts or Writings, of what Nature soever they be.

 

VIII. And that all Children procreated after Solemnization of any Marriages to be had or done by Vir­tue of such Licences or Dispensations, shall be admitted, reputed and taken legitimate in all Courts, as well Spiritual as Temporal, and in all other Places, and inherit the Inheritance of their Parents and An­cestors within this your Realm, and all other your Dominions, according to the Laws and Customs of the same ; (2) and all Acts to be done, had or executed according to the Tenor of such Licences, Dispensations, Faculties, Writings or other Instruments, to be made or granted by Authority of this Act, shall be firm, permanent and remain in Force ; any foreign Laws, Constitutions, Decrees, Canons, Decretals, Inhibitions, Use, Custom, Prescription, or any other Thing had, or hereafter to be made to the contrary  notwithstanding.

 

IX. And be it further enacted, That the said Archbishop and his Successors, shall have Power and Authority to ordain, make, and constitute a Clerk, which shall write and register every such Licence, Dispensation, Faculty, Writing, or other Instrument to be granted by the said Archbishop, and shall find Parchment, Wax, and silken Laces convenient for the same, and shall take for his Pains such Sums of Money as shall be hereafter in this present Act to him limited in that Behalf for the same ; (2) and that likewise your Grace, your Heirs and Successors, shall by your Letters Patents, under your Great Seal, ordain, depute, and constitute one sufficient Clerk, being learned in the Course of the Chancery, which shall always be attendant upon the Lord Chancellor, or the Lord Keeper of the Great Seal, for the Time being, and shall make, write, and enrol the Confirmations of all such Licences, Dispensations, Instruments, and other Writings as shall be thither brought under the Archbishop's Seal, there to be confirmed and inrolled ; and shall also intitle in his Books, and enrol of Record, such Writings as shall hither be brought under the Archbishop's Seal, not to be confirmed, taking for his Pains such reasonable Sums of Money as hereafter by this Act to him shall be limited for the same; and that as well the said Clerk appointed by the said Archbishop, as the said Clerk to be appointed by your Highness, your Heirs or Successors, shall subscribe heir names to every such Licence, Dispensation, Faculty, or other Writing, that shall come to their Hands to be written, made, granted, sealed, confirmed, registered, and inrolled by Authority of this Act, in Form as is before rehearsed.

X. And forasmuch as the Charges of obtaining the said Licences, Dispensations, Faculties, and other Rescripts or Writings aforenamed, at the Court of Rome, by the Losses and Exchanges, and in conducting of Currors, and waging Solicitors to sue for any such Licences, Dispensations, Faculties, Instruments, and other Rescripts or Writings, have been grievous and excessive to your People, and many Times greater Sums have been demanded for the speedy Expedition in the Court of Rome, that be expressed in the old Tax limited to be paid for the said Expeditions, whereby your People have been brought to an Incertainty upon the Payment for Expeditions of such Things, and by reason thereof have been constrained to pay more than they were wont to do, to the great impoverishing of this Realm, as is aforesaid ; (2) and sometimes the speeding of such Dispensations, Faculties, Licences, and other Writings at Rome has been so long deferred, that the Parties labouring for the same have suffered great Incommodities and loss of quick Speed, which hereafter may be had within this your Realm, to the great Commodity of your People, whereby the Charges of making exchanges, conducting of Currors, and Solicitors, for the said Dispensations, shall be abated, and your People so much relieved and eased ; to the Intent that all Ambiguity, and Incertainty of Payments for Dispensations, Faculties, Licences, and other Rescripts and Writings, may be taken away, that no Fraud or Exaction shall be exercised upon your People, by such Officers as shall be appointed by this Act, to take Pains in speeding such Dispensations, Faculties, and Licences, but that your People may be sure and certain what they be appointed to pay for the same :

XI. Be it enacted by this present Parliament, and by the Authority of the same, That there shall be two Books drawn and made of one Tenor, in which shall be contained the Taxes of all customable Dispensations, Faculties, Licences, and other Writings wont to be sped at Rome, which Books, and every Leaf of those Books, and both sides of every Leaf, shall be subscribed by the Archbishop of Canterbury, the Lord Chancellor of England, the Lord Treasurer of England, and the two Chief Justices of both Benches for the Time being ; to the which Books all Suitors for Dispensations, Faculties, Licences, and other Writings afore-rehearsed, shall have Recourse if they require it ; (2) and one of the said Books shall remain in the Hands of him which shall be appointed to be Register and Scribe of the said Dispensations, Faculties, and Licences, under the said Archbishop of Canterbury, in Form as is before said ; (3) and the other Book shall remain with the Clerk of the Chancery, which by your Grace, your Heirs or Successors, shall be appointed, as is before rehearsed ; (4) which Clerk of the Chancery shall also intitle, and note particularly and daily, in his Book ordained for that Purpose, the Number and Qualities of the Dispensations, Faculties, Licences, and other Rescripts and Writings, which shall be Sealed only with the Seal of the said Archbishop, and also which shall be sealed with the said Seal, and confirmed with the Great Seal, in Form as is before said, that all Fraud and Concealment in this behalf may be avoided.

XII. And be it enacted by this present Parliament, and by the Authority of the same, That no Man suing for Dispensations, Faculties, Licences, or other Rescripts or Writings, which were wont to be sped at Rome, shall pay any more for their Dispensations, Licences, or Rescripts, than shall be contained, taxed, and limited in the said Duplicate Books of Taxes, only Compositions excepted, of which, being arbitrary, no Tax can be made, wherefore the Tax thereof shall be set and limited by the Discretion of the said Archbishop of Canterbury, and the Lord Chancellor of England, or the Lord Keeper of the Great Seal for the Time being ; (2) and that such as shall exact or receive of any Suiter more for any Dispensation, Faculty, or Licence, than shall be contained in the said Books of Taxes, shall forfeit ten Times so much as he shall so extortiously exact and receive ; the one Half of the which Forfeiture to be to the Use of your Grace, your Heirs or Successors, and the other Half thereof to be to such of your Subjects as will sue for the same by Action, Bill, or Plaint in any of your Grace's Courts, wherein the Defendant shall have none Essoin nor Protection allowed, neither shall be admitted to wage his Law.

XIII. Be it also enacted by this Parliament, and Authority of the same, That the Tax or Sum appointed to be paid for every such Dispensation, Licence, Faculty, Instrument, Rescript, or other Writing to be granted by Authority of this Act, shall be imployed and ordered, as hereafter ensueth ; that is to say, if the Tax extend to iv. li. or above, by reason whereof the Dispensation, Licence, Faculty, Rescript or Writing, which shall pass by the said Archbishop's Seal, must be confirmed by the Appension of the Great Seal, then the said Tax so extending to iv. li. or above, shall be divided into three Parts, whereof two shall be perceived by the said Clerk of the Chancery, (to be appointed as is aforesaid) to the Use of your Highness, your Heirs and Successors, and to the Use of the Lord Chancellor, or the Keeper of the Great Seal for the Time being, and to the Use of the said Clerk, in such wise as hereafter shall be declared ; (2) and that the third Part shall be taken by the said Clerk of the Archbishop, to the Use of the same Archbishop and his Commissary, and his said Clerk and Register, in such wise as hereafter shall be ordered and limited by this Act ; that is to say, the said two Parts shall be divided into four Parts, of which three Parts shall be taken to the only Use of your Highness, your Heirs and Successors, (3) and the fourth Part shall be divided into three parts, whereof the Chancellor of England, or Lord Keeper of the Great Seal for the Time being, shall have two Parts, and the said Clerk of the Chancery the third Part for his Pains, Travel, and Labours that he is limited to write and do by Virtue of this Act ; (4) and the said third Part of the whole Tax appointed to the said Archbishop, and his Officers, (as is aforesaid) shall be divided into three Parts, whereof the Archbishop shall have to his Use two Parts, and his Officers shall have the third Part thereof ; (5) of which third Part to be divided into two Parts, the said Clerk or Register, which shall find Parchment, Wax, and Silk, shall devise and write the said Dispensations, Licences, Faculties, Rescripts, or other Writings, and register the same, shall have for his said Labour, and for receiving and repaying of the Sums of Money that shall come to his Hands for Dispensations, Faculties, Licences, and other Rescripts aforesaid, the one Moiety thereof, and the Commissary of the said Archbishop appointed to seal the said Dispensations, Faculties, Licences, and other Rescripts, shall have the other Part.

XIV. And if the Tax be under iv. li. and not under xl. s. then the said Tax shall be divided into three Parts, as is aforesaid, whereof the King's Highness, his Heirs and Successors, shall have two Parts thereof, abating iii. s. iv. d. which shall be to the said Clerk of the Chancery for subscribing, intitling, and inrolling the said Dispensations, Licences, Faculties, Rescripts, and other Writings aforesaid, and receiving of the King's Money so taxed ; (2) and the Archbishop and his Officers shall have the third Part, which third Part shall be divided into two Parts, whereof the Archbishop shall have one entirely to himself, his Scribe and Commissary shall have the other Part thereof, equally to be divided amongst them for their Costs and Pains in that Behalf ; (3) and if the Tax be under xl. s. and not under xxvi. s. viii. d. the same Tax shall be divided into two Parts, whereof the one Part shall be to your Grace, your Heirs and Successors, deducting thereof ii. s. for the Clerk of the Chancery for his Pains, as aforesaid ; (4) and the other Part shall be to the said Archbishop and his Officers, which other Part shall be divided into two Parts, whereof the Archbishop shall have the one, and his Commissary and Scribe shall have the other, equally divided amongst them ; (5) and if the Tax be under xxvi. s. vii. d. and not under xx. s. the same shall be divided into two Parts, whereof your Grace, your Heirs and Successors, shall have the one Part entirely, abating ii. s. thereof to the said Clerk of the Chancery ; (6) and the Archbishop and his Officers shall have the other Part, and the same other Part shall be divided into three Parts, whereof the Archbishop shall have one, his Commissary the second, and his Scribe or Register the third ; (7) and in case the Tax be under xx. s. the same shall be perceived to the Use of the said Commissary, Clerk of the said Archbishop, and Clerk of the Chancery, to be equally divided amongst them for their Pains and Labours by them to be sustained, by Authority of this Act, as aforesaid.

XV. Provided always, That this Act shall not be prejudicial to the Archbishop of York, or to any Bishop or Prelate of this Realm ; but that they may lawfully (notwithstanding this Act) dispense in all Cases in which they were wont to dispense by the Common Law or Custom of this Realm afore the making of this Act.

XVI. Provided also, and be it enacted by the Authority aforesaid, That if it happen the See of the Archbishoprick of Canterbury to be void, that then all such manner of Licences, Dispensations, Faculties, Instruments, Rescripts, and other Writings, which may be granted by Virtue and Authority of this Act, shall (during the Vacation of the same See) be had, done, and granted under the Name and Seal of the Guardian of the Spiritualties of the said Archbishoprick for the Time being, according to the Tenor and Form of this Act, and shall be of like Force, Value, and Effect, as if they had been granted under the Name and Seal of the Archbishop for the Time being.

XVII. And be it further enacted, That if the foresaid Archbishop of Canterbury for the Time being, or the said Guardian of the Spiritualtes for the Time being, hereafter refuse or deny to grant any Licences, Dispensations, Faculties, Instruments, or other Writings, which they be authorized to do by Virtue and Authority of this Act, in such Manner and Form as is afore remembred, to any Person or Persons that ought, upon a good, just, and reasonable Cause, to have the same, by reason whereof this present Act, by their Wilfulness, Negligence, or Default, should take no Effect; then the Chancellor of England, or the Lord Keeper of the Great Seal for the Time being, upon any Complaint thereof made, shall direct the King's Writ to the said Archbishop or Guardian denying or refusing to grant such Licences, Dispensations, Faculties, or other Writings, enjoining him by the said Writ, upon a certain Pain therein to be limited by the Discretion of the said Chancellor or Keeper of the said Seal, that he shall in due Form grant such Licence, Dispensation, Faculty, or other Writing, according to the Request of the Procurers of the same, or else signify unto your Highness, your Heirs or Successors, in the Court of Chancery, at a certain Day, for what Occasion or Cause he refused and denied to grant such Licences, Faculties, or Dispensations ; (2) and if it shall appear to the said Chancellor or Lord Keeper of the Great Seal, upon such Certificate, that the Cause of Refusal or Denial of granting such Licences, Faculty, or Dispensation was reasonable, just, and good, that then it so being proved by due Search and Examination of the said Chancellor or Lord Keeper of the Great Seal, to be admitted and allowed. (3) And if it shall appear upon the said Certificate, that the said Archbishop or Guardian of the Spiritualtes for the Time being, of Wilfulness in contemning the due Execution of this Act, without a just and reasonable Cause, refused or denied to grant such Licence, Faculty, or Dispensation, that then your Highness, your Heirs or Successors, being thereof informed, after due Examination had, that such Licences, Faculties, or Dispensations may be granted without offending the Holy Scriptures and Laws of God, shall have Power and Authority in every such Case, for the Default, Negligence, and Wilfulness of the said Archbishop or Guardian, to send your Writ of Injunction under your Great Seal, out of your said Court of Chancery, commanding the Archbishop or Guardian that so shall deny or refuse to grant such Licence, Faculty, or Dispensation, to make sufficient Grant thereof, according to the Tenor and Effect of this Act, by a certain Day, and under a certain Pain the said Writ to be contained, and to be limited by your Highness, your Heirs or Successors, Kings of this Realm. (4) And if the said Archbishop or Guardian, after the Receipt of the said Writ, refuse or deny to grant such Licences, Faculties, or Dispensations, as shall be enjoined him by Virtue of the said Writ, and shew and prove before your Majesty, your Heirs or Successors, no just or reasonable Cause why he should do so ; then the said Archbishop or Guardian that shall so refuse to put this Act in Execution according to the said Writ of Injunction, shall suffer, lose, and forfeit to your Highness, your Heirs and Successors, such Pain and Penalty as shall be limited and expressed in the said Writ of Injunction. (5) And over that, it shall be lawful to your Highness, your Heirs and Successors, for every such Default and Wilfulness of the said Archbishop or Guardian for the Time being, to give Power and Authority, by Commission under your Great Seal, to two such Spiritual Prelates or Persons to be named by your Highness, your Heirs or Successors, as will do and grant such Licences, Faculties, and Dispensations, refused or denied to be granted by the said Archbishop or Guardian in contempt of this Act.

XVIII. And be it further enacted by Authority aforesaid, That the said two Spiritual Prelates or Persons, to whom in such Cases any such Commission shall be directed, shall have Power and Authority to grant every such Licence, Faculty, Dispensation, Instrument, and other Writings, so refused to be granted by the said Archbishop or Guardian for the Time being, by an Instrument under their Seals, taking like Fees and Charges for the same as is before rehearsed, and not above, under the Pains afore remembered. (2) And that every such Licence, Faculty, and Dispensation so granted for any Cases or Matters, whereunto any Confirmation under the King's Great Seal is appointed by this Act, to be had in Manner and Form above declared, shall be had and obtained accordingly. (3) And such Licences and Confirmation shall be had for like Fees and Charges as they are above specified, and not above, under the Pains abovementioned. (4) And that every such Licence, Faculty, Dispensation, and other Writing, to be granted by the said Prelates or Persons to be assigned by the King's Highness, his Heirs and Successors, as is afore said, shall be of as good Value, Strength and Effect, and as beneficial and profitable to the Persons procuring the same, as if they had been made, granted, and obtained under the Name and Seal of the said Archbishop.

XIX. Provided always, That this Act, nor any Thing or Things therein contained, shall be hereafter interpreted or expounded, that your Grace, your Nobles and Subjects, intend, by the same, to decline or vary from the Congregation of Christ's Church in any Things concerning the very Articles of the Catholick Faith of Christendom, or in any other Things declared by holy Scripture and the Word of God necessary for your and their Salvations, (2) but only to make an Ordinance by Policies necessary and convenient to repress Vice, and for good Conservation of this Realm in Peace, Unity and Tranquillity, from Ravin and Spoil, insuing much of the old antient Customs of this Realm in that Behalf ; not minding to seek for any Relief, Succours, or Remedies for any worldly Things and human Laws, in any Cause of Necessity, but, within this Realm, at the Hands of your Highness, your Heirs and Successors, Kings of this Realm, which have and ought to have an Imperial Power and Authority in the same, and not obliged, in any worldly Causes, to any other Superior.

XX. Provided alway, that the said Archbishop of Canterbury, or any other Person or Persons, shall have no Power or Authority by Reason of this Act, to visit or vex any Monasteries, Abbeys, Priories, Colleges, Hospitals, Houses or other Places Religious, which be or were exempt, before the making of this Act ; any Thing in this Act to the contrary thereof notwithstanding ; (2) but that Redress, Visitation, and Confirmation shall be had by the King's Highness, his Heirs and Successors, by Commission under the Great Seal, to be directed to such Persons as shall be appointed requisite for the same, in such Monasteries, Colleges, Hospitals, Priories, Houses and Places Religious exempt : (3) So that no Visitation nor Confirmation shall from thenceforth be had nor made, in or at any such Monasteries, Colleges, Hospitals, Priories, Houses and Places Religious exempt, by the said Bishop of Rome, nor by any of his Authority, nor by any out of the King's Dominions ; (4) nor that any Person, Religious or other, resiant in any the King's Dominions, shall from henceforth depart out of the King's Dominions to or for any Visitation, Congregation, or Assembly for Religion, but that all such Visitations, Congregations, and Assemblies shall be within the King's Dominions.

XXI. Provided also, That this present Act, or anything therein contained, or any Licence or Dispensation hereafter to be made by Virtue or Authority thereof, shall not extend to the Repeal or Derogation of the late Act, made since the beginning of this present Parliament, for Reformation of Pluralities of Benefices, and for Non-residences of Spiritual Persons upon their Dignities or Benefices, nor to any Thing contained or mentioned in the said Act ; (2) nor that this Act, nor any Thing to be done by Authority thereof, shall not be taken, expounded, or interpreted to give Licence to any Person or Persons to have any more Number of Benefices than is limited in the said Act ; (3) and that the same Act for Pluralities and Non-residences of Benefices, and every Thing therein contained, shall stand good and effectual in all Intents, according to the true Meaning thereof ; any Thing in this present Act, or any Licence or Dispensation to be had by Authority thereof, in any wise notwithstanding.

XXII. And be it further enacted by Authority aforesaid, That if any Person or Persons, subject or resiant within this Realm, or within any of the King's Dominions, at any Time hereafter sue to the Court of Rome, or the See of Rome, or to any Person claiming to have his Authority by the same, for any Licence, Faculty, Dispensation, or other Thing or Things contrary to this Act, or put in Execution any Licence, Faculty, or Dispensation, or any other Thing or Things hereafter to be obtained from Rome, or the See of Rome, or from any claiming Authority by the same, for any of the Causes abovementioned in this Act, or for any other Causes that may be granted by Authority of this Act, or attempt or do any Thing or Things contrary to this Act, or maintain, allow, admit, or obey any manner of Censures, Excommunications, Interdictions, or any other Process from Rome, of what Name or Nature soever it be, to the Derogation or Let of the Execution of this Act, or of any Thing or Things to be done by reason the said Act ; that then every such Person or Persons so doing, offending, and being thereof convict, their Aiders, Counsellors, and Abettors, shall incur and run into the Pain, Loss, and Penalty comprised and specified in the Act of Provision and Præmunire, made in the sixteenth Year of your most noble Progenitor, King Richard the Second, against such as sue to the Court of Rome, against your Crown and Dignity Royal.

 

XXIII. Provided alway, That this Act, or any Thing therein contained, shall not hereafter be taken or expounded to the Derogation or taking away of any Grants, or Confirmations of any Liberties, Privileges, or Jurisdiction of any Monasteries, Abbeys, Priories, or other Houses or Places exempt, which heretofore the making of this Act have been obtained at the See of Rome, or by Authority thereof ; but that every such Grant and Confirmation shall be of the same Value, Force, and Effect as they were before the making of this Act, and as if this Act had never been made. (2) Provided always, That the Abbots, Priors, and other Chief Rulers and Governors of such Monasteries, Abbeys, Priories, and other Houses and Places exempt, shall not hereafter pay any Pension, Portion, or other Cense to the See of Rome ; (3) nor admit or accept any Visitation, nor any Confirmation from or by the said See of Rome, or by Authority thereof, of or for any Person to be elected, named, or presented to be Heads of any such Monasteries, Abbeys, Priories, Places, or Houses exempt, nor shall make any corporal Oath to the Bishop of Rome, otherwise called the Pope, upon the Pains limited in this Act : (4) but that every such Visitation, and Confirmation of such Heads elect in any such Monasteries, Abbeys, Priories, Houses, or Places exempt, where after their Election they were bounded to have and obtain any Confirmation of their Election, or of the Person named, presented, or elect, shall be from henceforth had, made, and done within this Realm, at and within every such Abbeys, Monasteries, Priories, and other Houses and Places exempt, by such Person and Persons as shall be appointed, by Authority of the King's Commission, from Time to Time, as the Case shall require, and not by the See of Rome, nor by Authority thereof ; any Thing in this next Proviso above specified to the contrary notwithstanding.

 

XXIV. Provided always, That in such Monasteries, Abbeys, Priories, and Houses exempt, where after Election, Presentation, or Nomination of their Heads, no such Confirmation is requisite to be had, nor hath been used to be taken by reason of such Privileges as they have concerning the same, that in every such Monasteries, Abbeys, Priories, and Places exempt, they shall not be bounden to obtain, have, or take any Confirmation for the same within this Realm, by Authority of this Act, but use their Privileges therein as they have done before the making of this Act ; any Thing in this Act, or any the Provisoes next above rehearsed, to the contrary thereof notwithstanding.

 

XXV. Provided also, and be it enacted, That this Act, or any Thing or Things, Word or Words therein, or in the Preamble thereof mentioned or contained, is not intended or meant, nor shall be expounded nor interpreted, that any Dispensations, Licences, or Confirmations for Marriages, granted to any the King's Subjects born under his obeysance, at any Time before the twelfth day of March, in the year of our Lord God 1533, shall be appaired, or of any less Value, Strength, Force or Effect, than they were at the said twelfth Day of March ; (2) nor that this Act, or any Thing therein contained, shall not extend to the Derogation, Appairing, or Adnnulation of any Licences, Dispensations, Confirmations, Faculties, or Indulgences, at any Time before the said twelfth Day of March in the Year of our Lord God 1533, had or obtained at the See of Rome, or by Authority thereof, to or for any Subjects born in this Realm, or in any the King's Dominions, or to or for the Hospital of the Prior of Saint John’s Jerusalem in England, or any Commandries or Members thereof, or to or for any other Cathedral Churches, Hospitals, Monasteries, Abbeys, Priories, Colleges, Conventual Churches, Parochial Churches, Chapels, Fraternities, Brotherheads, or Bodies Politick within this Realm, or in any other the King's Dominions ; (3) but every such Licence, Dispensation, Confiirmation, Faculty, and Indulgence granted before the said xii Day of March to any such Subject, or to the said Hospital of the Prior of St. John’s Jerusalem in England, Commandries or Members thereof, or to any other Cathedral Church, Hospital, Monastery, Abbey, Priory, College, Church Conventual, Parochial Church, Chapel, Fraternity, Brotherhead, or Body Politick, or to their Predecessors or Ancestors within this Realm, or in any other the King's Dominions, shall be of the same Force, Strength, Value and Effect, and may be from Time to Time put in Execution at all Times hereafter, by and to them that will use and have the same, as they might have been afore the making of this Act, and as if this Act had never been had ne made ; any Thing in the said Act to the contrary hereof notwithstanding.

 

XXVI. Provided always, that such Licences, Dispensations, Confirmations, or Faculties heretofore obtained at the See of Rome, or by Authority thereof, contrary to the express Provisions of the Laws and Statutes of this Realm heretofore made, shall not at any Time hereafter be used or put in Execution in any Case, to the Derogation, or contrary to the said Laws and Statutes of this Realm, and the Provisions of the same ; any Thing in this Proviso to the contrary thereof notwithstanding.

 

XXVII. And be it enacted by Authority of this present Parliament, that the King our Sovereign Lord, by the advice of his honourable Council, shall have Power and Authority from Time to Time, for the ordering, Redress, and Reformation of all manner of Indulgences and Privileges thereof within this Realm, or within any the King's Dominions, heretofore obtained at the See of Rome, or by Authority thereof, and of the Abuses of such Indulgences and Privileges thereof, as shall seem good, wholesome, and reasonable for the Honour of God and Weal of his People ; and that such Order and Redress as shall be taken by his Highness in that Behalf, shall be observed and firmly kept upon the Pains limited in this Act for the offending of the Contents of the same.

 

XXVIII. Provided alway, and be it enacted by Authority of this present Parliament, That this present Act, or any Thing or Things therein contained, shall not begin to take Effect nor be put in Execution till the feast of the Nativity of St. John Baptist next coming, except the King's Majesty, on this Side the said Feast, by his Letters Patents under his Great Seal, to be inrolled in the Parliament Roll of this present Parliament, do declare and express, that it is his Pleasure that it shall begin and take Effect at any Time afore the said Feast ; and if his Highness happen so to do, that then, immediately after such Declaration of his Pleasure by his said Letters Patents in Form aforesaid, this said Act shall begin and be put in Execution afore the said Feast, according to his said Pleasure so to be declared by his said Letters Patents ; any Thing in this Proviso to the contrary hereof notwithstanding.

 

XXIX. And be it further enacted by Authority aforesaid, That the King's Majesty at all Times on this Side of the said Feast shall have full Power and Authority, by his Letters Patents under his Great Seal, to be inrolled in the Parliament Roll of this present Parliament, to abrogate, adnull, and utterly repeal and make void this Act and every Thing and Things therein contained, or else as much and such Part thereof as shall be declared and limited on this Side the said Feast by his said Letters Patents to be void and repealed ; and that all such Repeal and Adnullation so to be made in Form aforesaid by his Highness on this Side the said Feast, shall be as good and effectual as though it had been done and had by Authority of Parliament ; any Thing or Things contained in this present Act to the contrary notwithstanding ; and if no such Repeal be had or made by the King's Majesty on this Side the said Feast, in Form as is afore rehearsed, that then the said Act, or as much and such Part thereof as shall not be repealed on this Side the said Feast, shall immediately after the said Feast stand firm, good, and effectual, and from thenceforth be put in due Execution according to the Tenure thereof ; any Thing in this Act or in any the Provisions aforesaid to the contrary hereof notwithstanding.

 

 Copyright Guy Etchells ©  2005 All rights reserved.

Permission is granted for all free personal and non-commercial uses. It is my intention to make all data contained herein freely available for all private, non-profit and non-commercial uses. Commercial use of any portion contained herein is expressly prohibited.
Database Right, all databases on this website are covered by the 1997 Database Regulations
Guy Etchells is the maker of the database contained within and the owner of the database rights.
First published in 2005.

Return to Acts Index

 Errors

Return to Home Page