Elizabeth's Supremacy Act,
Restoring Ancient Jurisdiction
(1559),
1 Elizabeth, Cap. 1
Gee, Henry, and William John Hardy, ed.,
Documents Illustrative of English Church History
(New York: Macmillan, 1896), 442-58.
Hanover Historical Texts Project
Scanned and proofread by Heather Haralson, May 1998.
Posted by Heather Haralson, May 1998, and Raluca Preotu, July 1999.
Proofread and pages added by Jonathan Perry, March 2001.
Editors' Introduction:
THIS Act--frequently referred to in the introductory words to previous documents--was passed in April, 1559. It revives ten Acts subsequent to 22 Hen. VIII, and one of Edward VI; it confirms the repeal of six Acts of Henry VIII, and repeals the Heresy Act of Philip and Mary (ante, No. LXXV) and the repealing Statute of those sovereigns (ante, No. LXXVI).
[Transcr. Statutes of the Realm, iv. pt. i. p.350.]
Most humbly beseech your most excellent majesty, your faithful and obedient subjects, the Lords spiritual and temporal, and the Commons, in this your present Parliament assembled, that where in time of the reign of your most dear father, of worthy memory, King Henry VIII, divers good laws and statutes were made and established, as well for the utter extinguishment and putting away of all usurped and foreign powers and authorities out of this your realm, and other your highness's dominions and countries, as also for the restoring and uniting to the imperial crown of this realm the ancient jurisdictions, authorities, superiorities, and preeminences to the same of right belonging and appertaining, by reason whereof we, your most humble and obedient subjects, from the five-and-twentieth year of the reign of your said dear father, were continually kept in good order, and were disburdened of divers great and intolerable charges and exactions before that time unlawfully taken and exacted by such foreign power and authority as before [Page 443] that was usurped, until such time as all the said good laws and statutes, by one Act of Parliament made in the first and second years of the reigns of the late King Philip and Queen Mary, your highness's sister, intituled an Act repealing all statutes, articles, and provisions made against the See Apostolic of Rome since the twentieth year of King Henry VIII, and also for the establishment of all spiritual and ecclesiastical possessions and hereditaments conveyed to the laity, were all clearly repealed and made void, as by the same Act of repeal more at large does and may appear; by reason of which Act of repeal, your said humble subjects were eftsoons brought under an usurped foreign power and authority, and do yet remain in that bondage, to the intolerable charges of your loving subjects, if some redress, by the authority of this your High Court of Parliament, with the assent of your highness, be not had and provided:
May it therefore please your highness, for the repressing of the said usurped foreign power and the restoring of the rites, jurisdictions, and preeminences appertaining to the imperial crown of this your realm, that it may be enacted by the authority of this present Parliament, that the said Act made in the said first and second years of the reigns of the said late King Philip and Queen Mary, and all and every branch, clauses, and articles therein contained (other than such branches, clauses, and sentences as hereafter shall be excepted) may, from the last day of this session of Parliament, by authority of this present Parliament, be repealed, and shall from thenceforth be utterly void and of none effect.
And that also for the reviving of divers of the said good laws and statutes made in the time of your said dear father, it may also please your highness, that one Act and statute made in the twenty-third year of the reign of the said late King Henry VIII, intituled, An Act that no person shall be [Page 444] cited out of the diocese wherein he or she dwells, except in certain cases;
And one other Act made in the twenty-fourth year of the reign of the said late King, intituled, An Act that appeals in such cases as have been used to be pursued to the see of Rome shall not be from henceforth had nor used, but within this realm;
And one other Act made in the twenty-fifth [1] year of the said late King, concerning restraint of payment of annates and firstfruits of archbishoprics and bishoprics to the see of Rome;
And one other Act in the said twenty-fifth year, intituled, An Act concerning the submission of the clergy to the king's majesty;
And also one Act made in the said twenty-fifth year, intituled, An Act restraining the payment of annates or firstfruits to the Bishop of Rome, and of the electing and consecrating of archbishops and bishops within this realm;
And one other Act made in the said twenty-fifth year, intituled, An Act concerning the exoneration of the king's subjects from exactions and impositions heretofore paid to the see of Rome, and for having licences and dispensations within this realm, without suing further for the same;
And one other Act made in the twenty-sixth year of the said late king, intituled, An Act for nomination and consecration of suffragans within this realm;
And also one other Act made in the twenty-eighth year of the reign of the said late king, intituled, An Act for the release of such as have obtained pretended licences and dispensations from the see of Rome;
And all and every branches, words, and sentences in the said several Acts and statutes contained, by authority of this present Parliament, from and at all times after the [Page 445] last day of this session of Parliament, shall be revived, and shall stand and be in full force and strength, to all intents, constructions, and purposes.
And that the branches, sentences, and words of the said several Acts, and every of them, from thenceforth shall and may be judged, deemed, and taken to extend to your highness, your heirs and successors, as fully and largely as ever the same Acts, or any of them, did extend to the said late King Henry VIII, your highness's father.
And that it may also please your highness, that it may be enacted by the authority of this present Parliament, that so much of one Act or statute made in the thirty-second year of the reign of your said dear father King Henry VIII, intituled, An Act concerning precontracts of marriages, and touching degrees of consanguinity, as in the time of the late King Edward VI, your highness's most dear brother, by one other Act or statute, was not repealed; and also one Act made in the thirty-seventh year of the reign of the said late King Henry VIII, intituled, An Act that doctors of the civil law, being married, may exercise ecclesiastical jurisdiction; and all and every branches and articles in the said two Acts last mentioned, and not repealed in the time of the said late King Edward VI, may from henceforth likewise stand and be revived, and remain in their full force and strength, to all intents and purposes; anything contained in the said Act of repeal before mentioned, or any other matter or cause to the contrary notwithstanding.
And that it may also please your highness, that it may be further enacted by the authority aforesaid, that all other laws and statutes, and the branches and clauses of any Act or statute, repealed and made void by the said Act of repeal, made in the time of the said late King Philip and Queen Mary, and not in this present Act specially mentioned and revived, shall stand, remain, and be repealed and void, in such like manner and form as they were before [Page 446] the making of this Act; anything herein contained to the contrary notwithstanding.
And that it may also please your highness, that it may be enacted by the authority aforesaid, that one Act and statute made in the first year of the reign of the late King Edward VI, your majesty's most dear brother, intituled, An Act against such persons as shall unreverently speak against the Sacrament of the Body and Blood of Christ, commonly called the Sacrament of the altar, and for the receiving thereof under both kinds, and all and every branches, clauses, and sentences therein contained, shall and may likewise, from the last day of this session of Parliament, be revived, and from thenceforth shall and may stand, remain, and be in full force, strength, and effect, to all intents, constructions, and purposes, in such like manner and form as the same was at any time in the first year of the reign of the said late King Edward VI; any law, statute, or other matter to the contrary in any wise notwithstanding.
And that also it may please your highness, that it may be further established and enacted by the authority aforesaid, that one Act and statute made in the first and second years of the said late King Philip and Queen Mary, intituled, An Act for the reviving of three statutes made for the punishment of heresies, and also the said three statutes mentioned in the said Act, and by the same Act revived, and all and every branches, articles, clauses, and sentences contained in the said several Acts and statutes, and every of them, shall be from the last day of this session of Parliament deemed and remain utterly repealed, void, and of none effect, to all intents and purposes; anything in the said several Acts or any of them contained, or any other matter or cause to the contrary notwithstanding.
And to the intent that all usurped and foreign power and authority, spiritual and temporal, may for ever be clearly extinguished, and never to be used or obeyed within [Page 447] this realm, or any other your majesty's dominions or coun-tries, may it please your highness that it may be further enacted by the authority aforesaid, that no foreign prince, person, prelate, state, or potentate, spiritual or temporal, shall at any time after the last day of this session of Parliament, use, enjoy, or exercise any manner of power, jurisdicdiction, superiority, authority, preeminence or privilege, spiritual or ecclesiastical, within this realm, or within any other your majesty's dominions or countries that now be, or hereafter shall be, but from thenceforth the same shall be clearly abolished out of this realm, and all other your highness's dominions for ever; any statute, ordinance, custom, constitutions, or any other matter or cause whatsoever to the contrary in any wise notwithstanding.
And that also it may likewise please your highness, that it may be established and enacted by the authority aforesaid, that such jurisdictions, privileges, superiorities, and preeminences, spiritual and ecclesiastical, as by any spiritual or ecclesiastical power or authority have heretofore been, or may lawfully be exercised or used for the visitation of the ecclesiastical state and persons, and for reformation, order, and correction of the same, and of all manner of errors, heresies, schisms, abuses, offences, contempts, and enormities, shall for ever, by authority of this present Parliament, be united and annexed to the imperial crown of this realm.
And that your highness, your heirs and successors, kings or queens of this realm, shall have full power and authority by virtue of this Act, by letters patent under the great seal of England, to assign, name, and authorize, when and as often as your highness, your heirs or successors, shall think meet and convenient, and for such and so long time as shall please your highness, your heirs or successors, such person or persons being natural-born subjects to your highness, your heirs or successors, as your majesty, your heirs or successors, shall think meet, to exercise, use, occupy, and [Page 448] execute under your highness, your heirs and successors, all manner of jurisdictions, privileges, and preeminences, in any wise touching or concerning any spiritual or ecclesiastical jurisdiction, within these your realms of England and Ireland, or any other your highness's dominions or countries; and to visit, reform, redress, order, correct, and amend all such errors, heresies, schisms, abuses, offences, contempts, and enormities whatsoever, which by any manner spiritual or ecclesiastical power, authority, or jurisdiction, can or may lawfully be reformed, ordered, redressed, corrected, restrained, or amended, to the pleasure of Almighty God, the increase of virtue, and the conservation of the peace and unity of this realm, and that such person or persons so to be named, assigned, authorized, and appointed by your highness, your heirs or successors, after the said letters patent to him or them made and delivered, as is aforesaid, shall have full power and authority, by virtue of this Act, and of the said letters patent, under your highness, your heirs and successors, to exercise, use, and execute all the premises, according to the tenor and effect of the said letters patent; any matter or cause to the contrary in any wise notwithstanding.
And for the better observation and maintenance of this Act, may it please your highness that it may be further enacted by the authority aforesaid, that all and every archbishop, bishop, and all and every other ecclesiastical person, and other ecclesiastical officer and minister; of what estate, dignity, preeminence, or degree soever he or they be or shall be, and all and every temporal judge, justice, mayor, and other lay or temporal officer and minister, and every other person having your highness's fee or wages, within this realm, or any your highness's dominions, shall make, take, and receive a corporal oath upon the evangelist, before such person or persons as shall please your highness, your heirs or successors, under the great seal of England to [Page 449] assign and name, to accept and to take the same according to the tenor and effect hereafter following, that is to say:
'I, A. B., do utterly testify and declare in my conscience, that the queen's highness is the only supreme governor of this realm, and of all other her highness's dominions and countries, as well in all spiritual or ecclesiastical things or causes, as temporal, and that no foreign prince, person, prelate, state or potentate, has, or ought to have, any jurisdiction, power, superiority, preeminence, or authority ecclesiastical or spiritual, within this realm; and therefore I do utterly renounce and forsake all foreign jurisdictions, powers, superiorities, and authorities, and do promise that from henceforth I shall bear faith and true allegiance to the queen's highness, her heirs and lawful successors, and to my power shall assist and defend all jurisdictions, pre-eminences, privileges, and authorities granted or belonging to the queen's highness, her heirs and successors, or united and annexed to the imperial crown of this realm. So help me God, and by the contents of this book.'
And that it may be also enacted, that if any such archbishop, bishop, or other ecclesiastical officer or minister, or any of the said temporal judges, justiciaries, or other lay officer or minister, shall peremptorily or obstinately refuse to take or receive the said oath, that then he so refusing shall forfeit and lose, only during his life, all and every ecclesiastical and spiritual promotion, benefice, and office, and every temporal and lay promotion and office, which he has solely at the time of such refusal made; and that the whole title, interest, and incumbency, in every such promotion, benefice, and other office, as against such person only so refusing, during his life, shall clearly cease and be void, as though the party so refusing were dead.
And that also all and every such person and persons so refusing to take the said oath, shall immediately after such refusal be from thenceforth, during his life, disabled [Page 450] to retain or exercise any office or other promotion which he, at the time of such refusal, has jointly, or in common, with any other person or persons.
And that all and every person and persons, that at any time hereafter shall be preferred, promoted, or collated to any archbishopric or bishopric, or to any other spiritual or ecclesiastical benefice, promotion, dignity, office, or ministry, or that shall be by your highness, your heirs or successors, preferred or promoted to any temporal or lay office, ministry, or service within this realm, or in any your highness's dominions, before he or they shall take upon him or them to receive, use, exercise, supply, or occupy any such archbishopric, bishopric, promotion, dignity, office, ministry, or service, shall likewise make, take, and receive the said corporal oath before mentioned, upon the evangelist, before such persons as have or shall have authority to admit any such person to any such office, ministry, or service, or else before such person or persons as by your highness, your heirs or successors, by commission under the great seal of England, shall be named, assigned, or appointed to minister the said oath.
And that it may likewise be further enacted by the authority aforesaid, that if any such person or persons, as at any time hereafter shall be promoted, preferred, or collated to any such promotion spiritual or ecclesiastical, benefice, office, or ministry, or that by your highness, your heirs or successors, shall be promoted or preferred to any temporal or lay office, ministry, or service, shall and do peremptorily and obstinately refuse to take the same oath so to him to be offered; that then he or they so refusing shall presently be judged disabled in the law to receive, take, or have the same promotion spiritual or ecclesiastical, the same temporal office, ministry, or service within this realm, or any other your highness's dominions, to all intents, constructions, and purposes.
[Page 451] And that it may be further enacted by the authority aforesaid, that all and every person and persons temporal, suing livery or ouster le main out of the hands of your highness, your heirs or successors, before his or their livery or ouster le main sued forth and allowed, and every temporal person or persons doing any homage to your highness, your heirs or successors, or that shall be received into service with your highness, your heirs or successors, shall make, take, and receive the said corporal oath before mentioned, before the lord chancellor of England, or the lord keeper of the great seal for the time being, or before such person or persons as by your highness, your heirs or successors, shall be named and appointed to accept or receive the same.
And that also all and every person and persons taking orders, and all and every other person and persons which shall be promoted or preferred to any degree of learning in any university within this your realm or dominions, before he shall receive or take any such orders, or be preferred to any such degree of learning, shall make, take, and receive the said oath by this Act set forth and declared as is aforesaid, before his or their ordinary, commissary, chancellor or vice-chancellor, or their sufficient deputies in the said university.
Provided always, and that it may be further enacted by the authority aforesaid, that if any person, having any estate of inheritance in any temporal office or offices, shall hereafter obstinately and peremptorily refuse to accept and take the said oath as is aforesaid, and after, at any time during his life, shall willingly require to take and receive the said oath, and so do take and accept the same oath before any person or persons that shall have lawful authority to minister the same; that then every such person, immediately after he has so received the same oath, shall be vested, deemed, and judged in like estate and possession of the said office, as he was before the said refusal, and [Page 452] shall and may use and exercise the said office in such manner and form as he should or might have done before such refusal, anything in this Act contained to the contrary in any wise notwithstanding.
And for the more sure observation of this Act, and the utter extinguishment of all foreign and usurped power and authority, may it please your highness, that it may be further enacted by the authority aforesaid, that if any person or persons dwelling or inhabiting within this your realm, or in any other your highness's realms or dominions, of what estate, dignity, or degree soever he or they be, after the end of thirty days next after the determination of this session of this present Parliament, shall by writing, printing, teaching, preaching, express words, deed or act, advisedly, maliciously, and directly affirm, hold, stand with, set forth, maintain, or defend the authority, preeminence, power or jurisdiction, spiritual or ecclesiastical, of any foreign prince, prelate, person, state, or potentate whatsoever, heretofore claimed, used, or usurped within this realm, or any dominion or country being within or under the power, dominion, or obeisance of your highness, or shall advisedly, maliciously, and directly put in ure or execute anything for the extolling, advancement, setting forth, maintenance, or defence of any such pretended or usurped jurisdiction, power, preeminence, or authority, or any part thereof; that then every such person and persons so doing and offending, their abettors, aiders, procurers, and counsellors, being thereof lawfully convicted and attainted, according to the due order and course of the common laws of this realm, for his or their first offence shall forfeit and lose unto your highness, your heirs and successors, all his and their goods and chattels, as well real as personal.
And if any such person so convicted or attainted shall not have or be worth of his proper goods and chattels to [Page 453] the value of twenty pounds, at the time of his conviction or attainder, that then every such person so convicted and attainted, over and besides the forfeiture of all his said goods and chattels, shall have and suffer imprisonment by the space of one whole year, without bail or mainprize.
And that also all and every the benefices, prebends, and other ecclesiastical promotions and dignities whatsoever, of every spiritual person so offending, and being attainted, shall immediately after such attainder be utterly void to all intents and purposes, as though the incumbent thereof were dead; and that the patron and donor of every such benefice, prebend, spiritual promotion and dignity, shall and may lawfully present unto the same, or give the same, in such manner and form as if the said incumbent were dead.
And if any such offender or offenders, after such conviction or attainder, do eftsoons commit or do the said offences, or any of them, in manner and form aforesaid, and be thereof duly convicted and attainted, as is aforesaid; that then every such offender and offenders shall for the same second offence incur into the dangers, penalties, and forfeitures ordained and provided by the statute of Provision and Praemunire, made in the sixteenth year of the reign of King Richard II.
And if any such offender or offenders, at any time after the said second conviction and attainder, do the third time commit and do the said offences, or any of them, in manner and form aforesaid, and be thereof duly convicted and attainted, as is aforesaid; that then every such offence or offences shall be deemed and adjudged high treason, and that the offender and offenders therein, being thereof lawfully convicted and attainted, according to the laws of this realm, shall suffer pains of death, and other penalties, forfeitures, and losses, as in cases of high treason by the laws of this realm.
And also that it may likewise please your highness, that [Page 454] it may be enacted by the authority aforesaid, that no manner of person or persons shall be molested or impeached for any of the offences aforesaid committed or perpetrated only by preaching, teaching, or words, unless he or they be thereof lawfully indicted within the space of one half-year next after his or their offences so committed; and in case any person or persons shall fortune to be imprisoned for any of the said offences committed by preaching, teaching, or words only, and be not thereof indicted within the space of one half-year next after his or their such offence so committed and done, that then the said person so imprisoned shall be set at liberty, and be no longer detained in prison for any such cause or offence.
Provided always, and be it enacted by the authority aforesaid, that this Act, or anything therein contained, shall not in any wise extend to repeal any clause, matter, or sentence contained or specified in the said Act of repeal made in the said first and second years of the reigns of the said late King Philip and Queen Mary, as does in any wise touch or concern any matter or case of Praemunire, or that does make or ordain any matter or cause to be within the case of Praemunire; but that the same, for so much only as touches or concerns any case or matter of Praemunire, shall stand and remain in such force and effect as the same was before the making of this Act, anything in this Act contained to the contrary in any wise notwithstanding.
Provided also, and be it enacted by the authority aforesaid, that this Act, or anything therein contained, shall not in any wise extend or be prejudicial to any person or persons for any offence or offences committed or done, or hereafter to be committed or done, contrary to the tenor and effect of any Act or statute now revived by this Act, before the end of thirty days next after the end of the session of this present Parliament; anything in this Act contained or any other matter or cause to the contrary notwithstanding.
[Page 455] And if it happen that any peer of this realm shall fortune to be indicted of and for any offence that is revived or made Praemunire or treason by this Act, that then he so being indicted shall have his trial by his peers, in such like manner and form as in other cases of treason has been used.
[2] Provided always, and be it enacted as is aforesaid, that no manner of order, Act, or determination, for any matter of religion or cause ecclesiastical, had or made by the authority of this present Parliament, shall be accepted, deemed, interpreted, or adjudged at any time hereafter, to be any error, heresy, schism, or schismatical opinion; any order, decree, sentence, constitution, or law, whatsoever the same be, to the contrary notwithstanding.
Provided always, and be it enacted by the authority aforesaid, that such person or persons to whom your highness, your heirs or successors, shall hereafter, by letters patent, under the great seal of England, give authority to have or execute any jurisdiction, power, or authority spiritual, or to visit, reform, order, or correct any errors, heresies, schisms, abuses, or enormities by virtue of this Act, shall not in any wise have authority or power to order, determine, or adjudge any matter or cause to be heresy, but only such as heretofore have been determined, ordered, or adjudged to be heresy, by the authority of the canonical Scriptures, or by the first four general Councils, or any of them, or by any other general Council wherein the same was declared heresy by the express and plain words of the said canonical Scriptures, or such as hereafter shall be ordered, judged, or determined to be heresy by the High Court of Parliament of this realm, with the assent of the clergy in their Convocation; anything in this Act contained to the contrary notwithstanding.
And be it further enacted by the authority aforesaid, that [Page 456] no person or persons shall be hereafter indicted or arraigned for any the offences made, ordained, revived, or adjudged by this Act, unless there be two sufficient witnesses, or more, to testify and declare the said offences whereof he shall be indicted or arraigned; and that the said witnesses, or so many of them as shall be living and within this realm at the time of the arraignment of such person so indicted, shall be brought forth in person, face to face, before the party so arraigned, and there shall testify and declare what they can say against the party so arraigned, if he require the same.
Provided also, and be it further enacted by the authority aforesaid, that if any person or persons shall hereafter happen to give any relief, aid, or comfort, or in any wise be aiding, helping, or comforting to the person or persons of any that shall hereafter happen to be an offender in any matter or case of Praemunire or treason, revived or made by this Act, that then such relief, aid, or comfort given shall not be judged or taken to be any offence, unless there be two sufficient witnesses at the least, that can and will openly testify and declare that the person or persons that so gave such relief, aid, or comfort had notice and knowledge of such offence committed and done by the said offender, at the time of such relief, aid, or comfort so to him given or ministered; anything in this Act contained, or any other matter or cause to the contrary in any wise notwithstanding.
And where one pretended sentence has heretofore been given in the Consistory in Paul's before certain judges delegate, by the authority legatine of the late Cardinal Pole, by reason of a foreign usurped power and authority, against Richard Chetwood, Esq., and Agnes his wife, by the name of Agnes Woodhall, at the suit of Charles Tyrril, gentleman, in a cause of matrimony solemnized between the said Richard and Agnes, as by the same pretended sentence more plainly doth appear, from which sentence the said [Page 457] Richard and Agnes have appealed to the Court of Rome, which appeal does there remain, and yet is not determined: may it therefore please your highness, that it may be enacted by the authority aforesaid, that if sentence in the said appeal shall happen to be given at the said Court of Rome for and in the behalf of the said Richard and Agnes, for the reversing of the said pretensed sentence, before the end of threescore days next after the end of this session of this present Parliament, that then the same shall be judged and taken to be good and effectual in the law, and shall and may be used, pleaded, and allowed in any court or place within this realm; anything in this Act or any other Act or statute contained to the contrary notwithstanding.
And if no sentence shall be given at the Court of Rome in the said appeal for the reversing of the said pretended sentence before the end of the said threescore days, that then it shall and may be lawful for the said Richard and Agnes, and either of them, at any time hereafter, to commence, take, sue, and prosecute their said appeal from the said pretended sentence, and for the reversing of the said pretended sentence, within this realm, in such like manner and form as was used to be pursued, or might have been pursued, within this realm, at any time since the twenty-fourth year of the reign of the said late King Henry VIII, upon any sentences given in the court or courts of any archbishop within this realm.
And that such appeal as so hereafter shall be taken or pursued by the said Richard Chetwood and Agnes, or either of them, and the sentence that herein or thereupon shall hereafter be given, shall be judged to be good and effectual in the law to all intents and purposes; any law, custom, usage, canon, constitution, or any other matter or cause to the contrary notwithstanding.
Provided also, and be it enacted by the authority aforesaid [Page 458] , that where there is the like appeal now depending in the said Court of Rome between one Robert Harcourt, merchant of the staple, and Elizabeth Harcourt, otherwise called Elizabeth Robins, of the one part, and Anthony Fydell, merchant-stranger, on the other part, that the said Robert, Elizabeth, and Anthony, and every of them, shall and may, for the prosecuting and trying of their said appeal, have and enjoy the like remedy, benefit, and advantage, in like manner and form as the said Richard and Agnes, or any of them, has, may, or ought to have and enjoy; this Act or anything therein contained to the contrary in any wise notwithstanding.
Links to English Reformation Pages
Footnotes
[1] This Act, printed as 23 Hen. VIII, cap. 20, did not receive the Royal Assent till 25 Hen. VIII.
[2] This and the following provisoes are annexed to the Parliament Roll in four separate schedules.
Hanover Historical Texts Project
Return to Hanover College Department of History
Please send comments to:historians@hanover.edu