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1236 [1236]

K. Hen. 8. Peterpence cease. Degrees of mariage. Byshops othes to the Pope.

that office, without any other suyng, procuryng, or obteynyng any bulles, breues, or other thynges from the Sea of Rome.


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This is a paraphrasing from the 1533 'Act for the exoneration from exactions paid to the See of Rome' also known as 'act concerning Peter's Pence and Dispensations (or the Ecclesiastical Licences Act - 25 Henry VIII, c.21).

agaynst all other whatsoeuer intolerable exactions and great summes of money vsed to be payd out of this realme to the Byshop of Rome, in pensiōs, censures, MarginaliaPeter pence stopped from Rome.Peterpence, procuratiōs, fruites, suites for prouisions and expeditions of bulles, for Archbishops, and Byshops, for delegacies and rescriptes in causes of cōtentions and appeales, iurisdictions legatiue: also for dispensations, licences, faculties, grauntes, relaxations, writtes called Perinde valere, rehabilitations, abolitions, canonizations, and other infinite sortes of bulles, breues, and instrumentes of sundry natures, the number wherof were tedious particularly to be recited, in the sayd Parlament it was ordeined, that all such vncharitable vsurpations, exactions, pencions, censes, portions, and Peterpence wont to be payed to the Sea of Rome, should vtterly surcease, and neuer more to be leuied: so that the kyng with his honorable counsaile should haue power and authoritie from tyme to tyme, for the orderyng, redresse, and reformation of all maner of indulgences, priuileges, &c. within this Realme.

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MarginaliaPeter pence, how they came, and how long they continued.Where is to bee noted by the waye, as touchyng these Peterpence aforesaid, that the same were first brought in and imposed by K. Inas, about the yeare of our Lord. 720. Which Inas king of the Westsaxons, caused through all his dominion in euery house hauyng a chimney, a peny to be collected and payed to the Bishop of Rome in þe name of S. Peter, & therof were they called Peterpence. MarginaliaVid. sup. pag. 170.vid. supra pag. 107. The same likewise did Offa kyng of Mercians after him, about the yeare of our Lord. 794. MarginaliaVid. sup. pag. 173.vid. pag. 173. And these Peterpence 

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Foxe's details are accurate. In the reign of King Alfred (c.849-99) the collection was normalized to a fixed rate of £200 a year. [See, Stanford E Lehmberg, The Reformation Parliament, 1529-1536 (Cambridge, 1970), p.191].

euer since, or for þe most part, haue vsed of a long custome to be gathered and summoned by the Popes Collectours here in England, from the tyme of Inas aforesayd, to this present Parlament. an. 1533.

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Foxe here refers to the 1534 'Act for the establishment of the King's succession' (25 Henry VIII, c.22).

by the authoritie of the Parlament it was consulted and considered cōcernyng the legalitie of the lawfull succession vnto the crowne, in ratifiyng and inhablyng the heyres of the kynges body and Queene Anne. In the which Parlament moreouer the degrees of Mariage 
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Foxe here refers to the 1534 act.

plainly and clearely were explaned and set forth, such as bee expreslye prohibited by Gods lawes, as in this Table may appere.

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¶ A Table 
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The marriage prohibitions are found in Leviticus 18.6-18.

of degrees prohibited by Gods
law to marye.

MarginaliaStatut. an. 25. Reg Hen. 8.
Degrees prohibited to mary.
The sonne not to mary the mother, nor stepmother.
The brother not to mary the sister.
The sister not to mary his sonnes daughter, nor hys
daughters daughter.
The sonne not to mary his fathers daughter gottē by
his stepmother.
The sonne not to mary his aunte, beyng either his fa-
thers, or his mothers sister.
The sonne not to mary his vncles wife.
The father not to mary his sonnes wife.
The brother not to mary his brothers wife.
No man to mary his wifes daughter.
No man to mary his wifes sonnes daughter.
No man to mary his wifes daughters daughter.
No man to mary his wifes sister.
All these degrees be prohibited by the Scripture.

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All these thinges thus beyng defined & determined in this foresayd Parlament, & also beyng in the same Parlamēt concluded, that no mā of what estate degree, or condition soeuer, hath any power to dispense with Gods lawes, MarginaliaSeparation betwene the kyng & thr Ladye Catherine by acte of Parlamē was therefore by þe authoritie aforesayd agreeyng with the authoritie of Gods worde, assented that the Mariage aforetyme solemnised betwene the kyng and the Lady Katherine, beyng before wife to Prince Arthur the kinges brother, & carnally knowen by hym (as is aboue proued) should bee absolutely demed and adiudged to bee vnlawfull and agaynst the lawe of God, and also reputed and taken to be of no value nor effecte: and that the separation therof by Thomas Cranmer 

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This refers to the ruling (23 May 1533) of the archbishop's marriage tribunal assembled at the Priory of St Peter at Dunstable.

Archbyshop of Caunterbury, shoulde stand good and effectuall to all intentes: MarginaliaThe maryage betwene the kyng and Queene Anne, approued by publicke Parlament.and also that the lawfull matrimonie betwene the kyng and the Ladye Anne his wife, shoulde bee established, approued, and ratified for good and consonant to the lawes of almightye God. MarginaliaThe heyres of K. Henry and Queene Anne, ratified by Parlamēt.And farther also for the establishyng of this kynges lawfull succession, it was fully by the sayd Parlamēt adiudged, that þe inheritaunce of the crowne should remaine to the heyres of their ij. bodyes, that is, of the kyng and Queene Anne hys wife.

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Duryng the tyme of this Parlament, before the Mariage of Queene Anne, there was one Temse in the Common house, whiche moued the Commons to sue to the kyng, to take the Queene agayne into his company, declaring certeine great mischiefs like to insue therof, as in bastarding þe Lady Mary þe kinges onely child, & diuers other incōueniēces: which beyng reported to the kings eares, he sent immediatly to Syr Tho. Audley Speaker thē of þe Parlamēt, expressing vnto him amongest other matters, MarginaliaThe kynges wordes to Syr Tho. Audley speaker of the Parlament.that he merueiled much, why one of þe Parlament did so opēly speake of þe absence of the Queene from him: which matter was not to be determined there, for it touched (sayd he) his soule, and wished þt Matrimony were good, for then had he neuer ben so vexed in consciēce. But the Doctors of Vniuersities (said he) haue determined þe Mariage to be voide, & detestable before God, which grudge of consciēce (he sayd) caused him to absteine frō her company, & no foolish, nor wanton appetite. For I am (sayd he) xli. yeare old, at which age the lust of man is not so quicke, as it is in youth. And sauyng in Spayne and Portugale, 

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Henry was referring to the marriages of Manuel I of Portugal (1495-1521), successively, to Catherine of Aragon's two elder sisters, Isabella and Maria (both Manuel's nieces).

it hath not ben sene, that one man hath maryed ij. sisters, the one beyng carnally knowē before: but the brother to mary the brothers wife, was so abhorred amongest all nations, that I neuer heard it, that any Christē man so did but me selfe. Wherfore ye see my conscience troubled, and so I pray you reporte. And so the Speaker departyng declared to the Commons the kynges saying.

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Not long after that, 

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This is the start of the manoeuvres which would eventually produce the submission of the clergy. This famous speech, of 21 May 1532, was recorded by Hall [for which, see Edward Hall, The Union of the Two Noble and Illustre Families of Lancastre & York, 2 vols., ed. by H Ellis (London, 1809), ii, p.788].

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the king perceauing belike, the mindes of the Clergie not much fauoryng his cause, sent for the Speaker agayne and xij. of the Common house, hauyng with him viij. Lordes, and sayd to them: MarginaliaThe kynges wordes to ceraine of the cōmon house.Welbeloued subiectes, we had thought the Clergy of our realme had ben our subiectes wholy, but now we haue well perceaued, that they bee but halfe our subiectes, yea and scarse our subiectes: MarginaliaThe spirituall mē the Popes subiectes more thē the kinges.For all the Prelats at their consecration, make an othe to the Pope, cleane contrarye to þe othe that they make to vs, so that they seme to be his subiectes and not ours: and so the kyng deliueryng to them the copie of both the othes, required them to inuent some order, that he might not thus be deluded of his Spirituall subiectes.

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The Speaker thus departed and caused the othes to be read in the Common house, the very tenor wherof here ensueth.

¶ The othe of the Clergie to the Pope.

MarginaliaThe othe which the Clergye commonly geueth to the Pope.I Iohn Bishop or Abbot of A. frō this houre forward, shall be faithfull and obedient to S. Peter, and to the holy Church of Rome, and to my Lord the Pope, and his successours Canonically enteryng. I shall not be of coūsell nor consent, that they shal lese either lyfe or member, or shall be taken, or suffer any violence, or any wrong by any meanes. Ther coūsaile to me credited by them, their messengers or letters, I shall not willyngly discouer to any person. The Popedome of Rome, the rules of þe holy fathers, & the Regalities of S. Peter, I shall helpe & retaine, & defende against all men. The Legate of the Sea Apostolicke goyng and commyng, I shall honorably entreate. The rightes, honors, priuiledges, authorities of the Church of Rome, and of the Pope and his successors, I shall cause to be conserued, defended, augmented, and

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