Act of Parliament | |
Long title | An Acte for the exoneracion from exaccions payde to the See of Rome. [2] |
---|---|
Citation | 25 Hen. 8. c. 21 |
Dates | |
Royal assent | 30 March 1534 |
Status: Amended | |
Revised text of statute as amended |
The Ecclesiastical Licences Act 1533 (25 Hen. 8. c. 21), also known as the Dispensations Act 1533, Peter's Pence Act 1533 or the Act Concerning Peter's Pence and Dispensations, is an Act of the Parliament of England. It was passed by the English Reformation Parliament in the early part of 1534 and outlawed the payment of Peter's Pence and other payments to Rome. The Act remained partly in force in Great Britain at the end of 2010. [3] It is under section III of this Act, that the Archbishop of Canterbury can award a Lambeth degree as an academic degree.
Peter's Pence was originally an annual tribute of one penny from each householder owning a land of a certain value to the Pope and had been collected in England since the reign of King Alfred. In the twelfth century it was fixed at an annual sum of £200 for the whole realm. It was not the largest payment to Rome but it is argued by Stanford Lehmberg that it was deliberately mentioned in the Act because it was theoretically paid by laymen and thus might have seemed more intolerable than payments affecting clerics only. [4]
The Act abolished Peter's Pence and all other payments to Rome and accorded to the Archbishop of Canterbury the power to issue dispensations formerly given by the Pope. The fees which might have been charged for the dispensations were set and required royal assent, confirmed by the Great Seal of the Realm, in matters for which the usual fee was over £4.
On the 12 March 1534 the Commons passed the Bill and were possibly responsible, argues Lehmberg, for the clauses which claimed that the Act should not be read as a decline from the "very articles of the catholic faith of Christendom". [5] A clause in the Bill gave the Crown the power to conduct visitations of monasteries which had been exempt from the Archbishop's jurisdiction and forbade English clergy from visiting religious assemblies abroad.
When the Bill came to the Upper House some clauses were added in the second and third reading. The Bill was passed on the 20 March after the fourth reading and after the Commons assented to the new clauses immediately. On the final day of the session, however, one more clause was added: the King would have the power at any period before 24 June to abrogate the complete Act or just a section of it as he so wished. Lehmberg puts forth the idea that Henry VIII still wanted some leverage in bargaining with the Pope after the French King recently attempted to reconcile Henry with Pope Clement VII. [6] The final clause was never used as the French mission did not succeed.
The preamble is noteworthy because it is written in the form of a petition from the Commons to the King and is one of the first mentions of a "papal usurpation" and because it reasserts the theory that England has "no superior under God, but only your Grace". It also claims that the authority of the King's "imperial crown" is diminished by "the unreasonable and uncharitable usurpations and exactions" of the Pope.
The preamble was repealed by section 1 of, and Part II of the Schedule to, the Statute Law (Repeals) Act 1969.
This section was repealed by section 1 of, and Part II of the Schedule to, the Statute Law (Repeals) Act 1969.
This section was repealed by section 1 of, and Part II of the Schedule to, the Statute Law (Repeals) Act 1969.
This section (which amongst other things had the effect of requiring faculties to be registered by the Clerk of the Crown in Chancery) does not apply in relation to any faculty granted to a public notary. [7]
The words at the end of this section were repealed by section 4(a) of the Statute Law Revision Act 1948.
As to this section, see section 5 of the Public Notaries Act 1843.
In this section (which relates to refusal of archbishop to grant licences etc.) any reference to the Lord Chancellor or Lord Keeper of the Great Seal (however expressed) is to be read as a reference to the Chancellor of the High Court. The Chancellor of the High Court may nominate another judge of that court to exercise his functions under this section. [8]
This section was repealed by section 1 of, and Part II of the Schedule to, the Statute Law (Repeals) Act 1969.
This section was repealed by section 13 of, and Part I of Schedule 4 to, the Criminal Law Act 1967.
This section was repealed by the Statute Law Revision Act 1948.
This section was repealed by the Statute Law Revision Act 1948.
This section was repealed by section 1 of, and Part II of the Schedule to, the Statute Law (Repeals) Act 1969.
This section was repealed by the Statute Law Revision Act 1948.
This section was repealed by section 1 of, and Part II of the Schedule to, the Statute Law (Repeals) Act 1969.
The repeal by the Statute Law (Repeals) Act 1969 of section 2 of the Act of Supremacy (1 Eliz 1 c 1) (1558) does not affect the continued operation, so far as unrepealed, of the Ecclesiastical Licences Act 1533. [9]
This Act was repealed for the Republic of Ireland by sections 2(1) and 3(1) of, and Part 2 of Schedule 2 to, the Statute Law Revision Act 2007.
Peter's Pence are donations or payments made directly to the Holy See of the Catholic Church. The practice began under the Saxons in England and spread through Europe. Both before and after the Norman conquest the practice varied by time and place: initially, it was given as a pious contribution, whereas later it was required by various rulers and collected like a tax. Though formally discontinued in England at the time of the Reformation, a post-Reformation payment of uncertain character was seen in some English manors into the 19th century. In 1871, Pope Pius IX formalized the practice of lay members of the church and "other persons of good will" providing financial support to the Roman See. Modern "Peter's Pence" proceeds are used by the Pope for philanthropic works throughout the world and for administrative costs of the Vatican state.
The Ecclesiastical Appeals Act 1532, also called the Statute in Restraint of Appeals, the Act of Appeals and the Act of Restraints in Appeals, was an Act of the Parliament of England.
The Act of Uniformity 1558 was an Act of the Parliament of England, passed in 1559, to regularise prayer, divine worship and the administration of the sacraments in the Church of England. In so doing, it mandated worship according to the attached 1559 Book of Common Prayer. The Act was part of the Elizabethan Religious Settlement in England instituted by Elizabeth I, who wanted to unify the church. Other Acts concerned with this settlement were the Act of Supremacy 1558 and the Thirty-Nine Articles.
The Appointment of Bishops Act 1533, also known as the Act Concerning Ecclesiastical Appointments and Absolute Restraint of Annates, is an Act of the Parliament of England.
The English Reformation Parliament, which sat from 3 November 1529 to 14 April 1536, established the legal basis for the English Reformation, passing major pieces of legislation leading to the break with Rome and increasing the authority of the Church of England. Under the direction of King Henry VIII of England, the Reformation Parliament was the first in English history to deal with major religious legislation, much of it orchestrated by, among others, the Boleyn family and Thomas Cromwell. This legislation transferred many aspects of English life away from the control of the Catholic Church to control under The Crown. This action both set a precedent for future monarchs to utilize parliamentary statutes affecting the Church of England; strengthened the role of the English Parliament; and provided a significant transference of wealth from the Catholic Church to the English Crown.
The Suppression of Religious Houses Act 1539, sometimes referred to as the Second Act of Dissolution or as the Act for the Dissolution of the Greater Monasteries, was an Act of the Parliament of England.
The Act of Uniformity 1551, sometimes referred to as the Act of Uniformity 1552, or the Uniformity Act 1551 was an Act of the Parliament of England.
The Act of Uniformity 1548, the Act of Uniformity 1549, the Uniformity Act 1548, or the Act of Equality was an Act of the Parliament of England, passed on 21 January 1549.
The Submission of the Clergy Act 1533 is an Act of the Parliament of the United Kingdom.
The Suppression of Religious Houses Act 1535, also referred to as the Act for the Dissolution of the Lesser Monasteries and as the Dissolution of Lesser Monasteries Act 1535, was an Act of the Parliament of England enacted by the English Reformation Parliament in February 1535/36. It was the beginning of the legal process by which King Henry VIII set about the Dissolution of the Monasteries.
The Statute of Praemunire was an Act of the Parliament of England enacted in 1392, during the reign of Richard II. Its intention was to limit the powers of the papacy in England, by making it illegal to appeal an English court case to the pope if the king objected, or for anyone to act in a way that recognized papal authority over the authority of the king. In the 15th century it came to be read as including within its ban ecclesiastical courts inside England. The statute was later reaffirmed by the Statute in Restraint of Appeals in the reign of Henry VIII and was used to remove Thomas Wolsey from power. The word praemunire originally referred to the writ of summons issued against a person accused under this and similar statutes, and later came to mean offences against the statutes.
The Toleration Act 1689, also referred to as the Act of Toleration, was an Act of the Parliament of England. Passed in the aftermath of the Glorious Revolution, it received royal assent on 24 May 1689.
The Statute Law (Repeals) Act 1969 is an act of the Parliament of the United Kingdom.
The Tithe Act 1540 was an Act of the Parliament of England.
The Ecclesiastical Licences Act 1536 was an Act of the Parliament of England.
The Clergy Marriage Act 1548 was an Act of the Parliament of England. Part of the English Reformation, it abolished the prohibition on marriage of priests within the Church of England.
The Ecclesiastical Courts Jurisdiction Act 1860 (ECJA) is an Act of the Parliament of the United Kingdom. It is one of the Ecclesiastical Courts Acts 1787 to 1860.
The Ordination of Ministers Act 1571 was an Act of the Parliament of England. Its principal provision was to require clergy of the Church of England to subscribe to the Thirty-Nine Articles of Religion.
The Ecclesiastical Jurisdiction Act 1661 was an Act of the Parliament of England.
The Duchy of Lancaster Act 1787 is an Act of the Parliament of Great Britain.