fuch a Number of Philistines, both within and King Henry Vitk without the Realm.'

Bishop Burnet (m) obferves, that many questioned the Validity of this Act; and the Scots faid, that the Succeffion to the Crown was not within the Parliament's Power to determine about it; but muft go, by Inheritance to their King, if King Henry died without Iffue. It had one good Effect, however, fince it helped much to pacify the Emperor, when he heard that his Kinfwoman, Mary, was, tho' not restored in Blood, yet, put in a Capacity to fucceed to the Crown.

Dr. Heylin has made an Obfervation on a Claufe in this Act, not so much as taken notice of by Lord Herbert, or copied by Bishop Burnet; but which, we think, deferves a particular Recital (n) :

'Henry had one natural Son begotten of the Lady Talbois, much cherished by his Father; whom, at fix Years of Age, he created Earl of Nottingham; and foon after Duke of Richmond and Somerset, Earl-Marthal of England, and Knight of the Garter. At fixteen Years old, he was made Lord High Admiral, in an Expedition against France; and a Match was concluded between this Youth and the Lady Mary, Daughter to Thomas Howard Duke of Norfolk, at that time the most powerful Subject in the Kingdom. Nor were these all the Favours his indulgent Father intended him; for the Crown itself was defigned for him, in cafe of Failure of any other lawful Iffue from the King. For, in the Act of Succeffion, now pafs'd, that Claufe which enables Henry, for want of fuch lawful Heirs, to dispose of the Crown by Letters Patents, or by Will, to any other Petfon or Perfons, &c.

was

plainly defigned in favour of this young Prince. But, all these Precautions were in vain; for the Duke died, at the Age of feventeen Years, a few Days after the ending of this Parliament, to the extraordinary Grief of his Father."

VOL. III.

(m) Reformation, Vol. 1. Pag. 2 11.

(n) Heylin's Hiftory of the Reformation, Pag..

At

King Henry VIII.

At this time a new Propofal came from Rome, for. a Reconciliation between Henry and Holy Church. The Interval feemed very favourable to a Reconciliation it, for Queen Catherine and Anne being both dead, with the King, who were the Occafion of the Rupture, the Court of Rome judg'd this a proper Opportunity to effect

The Pope feeks

Which is rejected.

And an Act for

utterly abolishing the Papal Power,

it. Accordingly, the Pope fent a Meffage to the King, to let him know, That he had ever favoured his Caufe in his Predeceffor's Time; and tho' he was forced to give out a Sentence against him, yet he had never any Intention to proceed upon it to further Extremities.'

How this Meffage was received, may be fully known by two Acts which the King procured to be immediately paffed upon it, in this Parliament: By which all Hopes of a Reconciliation were entirely cut off between them. For a Bill was brought into the House of Lords, for, utterly, abolishing the ufurped Authority of the Bifhop of Rome, on the 4th Day of July, which foon after paffed both Houfes. The Preamble to which Act contains these severe Reflections:

The Bishop of Rome, whom fome call the Pope, who had long darkened God's Word, that it might ferve his Pomp, Glory, Avarice, Ambition and Tyranny, both upon the Souls, Bodies and Goods of all Chriftians; excluding Chrift out of the Rule ' of Men's Souls, and Princes out of their Dominions: And had exacted in England great Sums by Dreams, Vanities, and other fuperftitious Ways. Upon thefe Reasons his Ufurpation had been by Law put down in this Nation; yet many of his Emiffaries had been practifing up and down the Kingdom, and perfuading People to acknowledge his pretended Authority. Therefore, every Perfon fo offending after the laft Day of July, next to come, was to incur the Pains of a Præmunire; and all Officers, both Civil and Ecclefiaftical, were ⚫ commanded to make Enquiry about fuch Offences, under fevere Penalties.'

The other Blow made at the Pope, was by another Act, paffed, that, Whereas the Popes had,

during

131 during their Ufurpation, granted many Immuni- KingHenry VIII. ties, to feveral Bodies and Societies in England,

⚫ which upon fuch Grants had been now long in

Ufe Therefore, all thofe Bulls, Breves, and "every Thing depending on, or flowing from them < were declared void and of no Force. Yet all • Marriages celebrated by virtue of them, that were not otherwise contrary to the Law of God, were ' declared good in Law; and all Confecrations of Bishops, by virtue of them, were confirmed. And, for the future, all who enjoyed any Privileges by Bulls, were to bring them into Chancery, or to • fuch Perfons as the King fhould appoint for that End. Moreover, the Archbishop of Canterbury was empowered to grant a-new the Effects contained in them, which Grant was to pass under 'the Great Seal, and to be of full Force in Law.'

Further Proceedings against the

This Statute was a great Stroke at the Abbots, and their Rights; but, they were glad to fuffer a Diminution of their Greatnefs, rather than part Clergy. with their All, which now lay at Stake.

By the 13th Act they corrected an Abuse, which had crept in, to evade the Force of a Statute made in the 21st Year of this King, about Priests refiding on their Livings. One Qualification that did excuse them from Refidence, was, their ftaying at the Univerfity for compleating their Studies. Now it was found, that many diffolute Clergymen went and lived at the Universities, not for Study, but to be excufed from ferving their Cures. Therefore, it was enacted that none above the Age of Forty, who were not either Heads of Houfes, or publick Readers, should have any Exemption of Refidence, by virtue of that Clause in the former Act. And, all those under that Age fhould not have the Benefit of it, except they were prefent at Lectures, and performed their Exercises in the Schools.

There are no less than fifty-two Titles, in the Journals of the Acts paffed this Seffion; several of which refer to the Exchange of Lands between the King and others; which Lands may be well prefumed to be Part of the Poffeffions which belonged

KingHenry VIII, to the new diffolved Monafteries. The printed Book of Statutes mentions no more than eighteen Acts; the most remarkable of those that are omitted, are these:

Some Acts of

An Act concerning the Affurance of a Jointure to Queen Jane.

An Act of Attainder against Thomas Fitzgerald, Attainder pass'd. Of the Kingdom of Ireland, and five of his Uncles. Another Act of Attainder of Thomas Lord Howard.

An Act expreffing that all the Statutes which shall be made, during the Nonage of the King's Succeffors, fhall be made void by them, if it shall seem convenient, when they come to full Age.

This laft hath a Title in the printed Statute-Book, but, was such an extraordinary Stretch of the Prerogative, that it was thought proper to repeal it, in the very first Year of the next Reign. For by this it was provided, That whatsoever Acts were made, before his Succeffors were twenty-four Years of Age, they might, at any Time of their Lives Anextraordinary after, repeal and annul by their Letters Patents; which should have equal Force with a Repeal by Act of Parliament.

Act for the In

creafe of the Pre

sogative.

The first of the Acts of Attainder was levelled against Thomas Fitzgerald, Son to the Earl of Kildare, who had raised a Rebellion in Ireland, murdered the Archbishop of Dublin, and forced the Citizens there to admit his Soldiers to befiege the Caftle; he writ, alfo, to the Pope to make him King of Ireland. Being, at length, overpowered, he fubmitted; but was afterwards hang'd at Tyburn, with his five Uncles.

The next Act (0) to attaint Thomas Lord Howard, was made upon a quite different Occafion. This Nobleman was the youngest Son to the late Duke of Norfolk, and Brother to the present Duke; and having an amorous Intrigue with the Lady Margaret Douglas, Daughter to the Queen of Scots, and King

(o) The Bill was brought into the House of Lords the laft Day of this Parliament, by the Lord Chancellor, read thrice in one Day, and paffed the fame Day by the Commons.

Journal Book, 28 HENRY VIII.

King Henry's Niece, had fo far gained the young King Henry VIH Lady's Affection, that there was an actual Contract of Marriage between them. Henry, hearing of this, was much incenfed, that a private Subject, as it were, fhould dare to think of marrying a Princefs, who was half Sifter to the King of Scots, and his own Niece; he therefore had him attainted, and committed them both to the Tower. There the said Lord Howard died, but the Lady was fet at Liberty, and afterwards proved the Mother of the prefent Race of Stuarts. This Affair, however, produced an Act of Parliament, made this Seffion, which bears this Title:

• That it fhall be High-Treafon for any Man (p) to efpoufe, marry, or take to Wife any of the 'King's Children, being lawfully born, or otherways commonly reputed for his Children; or · any of the King's Sifters or Aunts, on the Part ⚫ of the Father, or any of the lawful Children of 'the King's Brethren or Sifters, or to contract

Matrimony with any of them without the King's • Licence first had under the great Seal; or to de'flower any of them being married. The Woman 'fo offending to incur the like Danger.' The Act was repealed 1 Edward VI. and the first of Queen Mary; the Reasons for which will appear in the Sequel.

This Parliament having dispatched a great deal of Business in a very little Time, on July the 18th the King came to the Houfe, in order to pafs the Bills that were ready for the Royal Affent. And, the Speaker of the House of Commons made another Oration to him, as full of Flattery as the last. Only, as in the former, he compared the King to Solomon, Sampfon and Abfalom, for Wisdom, Strength and Perfonage, he now likened him to the Sun. For, as the Sun, fays he, exhales all the noxious Vapours which would otherways be hurtful to us, and by its Heat cherishes and brings forth those Seeds, Plants and Fruits, neceffary for the Sup< port of human Life; fo this our moft excellent I 3 • Prince

(p) Statutes at Large, 28 HENRY VIII, Cap, 18.