1539.] CIVIL CONSTITUTION. 191 had defeated his enemy, had taken his spoils, and possessed himself of his power. Clement VII. died six months after he pronounced the sentence against the king, and was succeeded by Paul III., who, when cardinal, had always favoured Henry's cause. But the execution of Fisher,―raised to be a cardinal whilst he lay in prison,-roused the pope, so that immediately after hearing of the execution of More. and Fisher, he passed the sentence of excommunication upon Henry in its severest form. But he delayed its publication, till he could persuade the emperor to carry out the sentence by invading the kingdom. Queen Katherine died on the 6th of January, 1536; and her death removing from the emperor's mind the feeling of personal animosity against Henry, he, instead of invading him, sent proposals that there should be a return to their ancient amity; but imposing a condition that Henry should be reconciled to the see of Rome. Henry replied that the proceedings against the Bishop of Rome were so just, and so fully ratified by the parliament, that they could not be revoked.1 We now proceed to review the alterations made in the civil constitution during the reign of Henry, and these were neither few nor inconsiderable. An act was passed constituting the Court of Wards. Its purpose, as stated in the preamble, was, that as his majesty was likely to be yearly answered of great rents, revenues, and profits, by reason of persons as should be in ward to his highness, as also by means of idiots, and fools natural, remaining in his grace's custody; and also for licenses to marry, made to women, his grace's widows; and fines made by them for marrying without his license; all which pertain to the king in right of the imperial crown of this realm ; and to the intent that the king should be better served, in having the custody of his wards and their lands during their minority;—the king constituted the court of wards, as a court of record, with a common seal, to be under the jurisdiction of one person, to be called the master of the same 1 Hume's History, cap. 31. court. A body of officers, consisting of counsel, attorneys, receivers, auditors, clerks, surveyors, and feudances, was appointed, with power to take possession of the wards' lands, to sell the wardships during minority, to survey all the king's widows, and to conclude with those who had married without the king's license, for reasonable fines to the king's use; and to survey, govern, and order the lands of idiots, and natural fools, and to let their lands; the finding and keeping of such persons, their wives and children, and the repairs of their houses and lands, being always considered.' The dissolution of the monasteries had an immediate effect upon the house of lords, as by it, twenty-six parliamentary abbots, and two parliamentary priors, lost their baronies and their seats in that house. This so much changed the relative numbers of the spiritual and temporal peers, that at the parliament which met, after the last dissolution, on the 13th April, 1539, there were present only twenty spiritual peers, with forty-one temporal peers.2 The absence of the abbots and peers was in part supplied by the creation of new bishoprics. Henry, by letters-patent, in the twenty-third year of his reign, created the bishopric of Chester by separating the city and county of Chester from the diocese of Coventry and Lichfield, of which it formed part; and by adding the county of Lancaster and the archdeaconry of Richmond in the diocese of York. He also created, at the same time, the bishoprics of Gloucester and Peterborough, and in the next year those of Oxford and Bristol. The county palatine of Chester was, up to this period, excluded from parliamentary representation. An act, passed on the petition of the inhabitants of the county, conferred on it the right of sending members to parliament-two knights for the county, and two burgesses for the city of Chester.3 Great changes were made in the relation of Wales to132 Henry VIII., cap. 46, A.D. 1540. 2 Henry's History of England, vol. xii. p. 151. 1535.] WALES. 193 wards England. Up to that time the administration of justice in the principality was chiefly in the hands of the lords marchers, their officers and deputies; and in the course of this reign acts were passed directed to the improvement of the judicial system which they administered. These acts describe Wales as in a very lawless state; the people demoralized and depressed, and the power of the lords mar chers, and their administration of justice, much abused. But by later acts the improvement of the old system was abandoned, and the English laws and judicial system were sub, stituted for those of Wales. The lord chancellor was empowered to appoint justices of the peace, and justices of gaol-delivery, for the county of Chester, and the several counties of Wales.' Wales, it was declared, should be incorporated with England, and all persons born in the principality should enjoy and inherit all the freedoms, liberties, rights, privileges, and laws of England; and landed property should be inheritable after the English tenure. The lordships marchers in the dominion of Wales, described as "lying between the shires of England and those of Wales, and not being parcel of any shires," were united and annexed, some to the shires of England, and others to the existing shires of Wales. The residue were divided into new counties;-the counties of Monmouth, Brecknock, Radnor, Montgomery, and Denbigh. Other lordships were united and annexed to the English counties of Salop, Hereford, and Gloucester, and to the then existing Welsh counties of Glamorgan, Carmarthen, Pembroke, Cardigan, and Merioneth. County towns were appointed for the several counties, where the county courts were directed to be held, and where justice was to be administered and executed according to the laws, customs, and statutes of England,and after no Welsh laws. The English language was or dered to be used in all law proceedings; no person being eligible to any office in England or Wales unless he used the English language. The county of Monmouth was em1 27 Henry VIII, cap. 5. K powered to send two knights, and the borough of Monmouth one burgess to parliament. The twelve counties of Wales were each empowered to send one knight; and every borough, being a shire-town, (except the shire-town of the county of Merioneth,) one burgess. The county of Monmouth was placed under the jurisdiction of the king's courts of Westminster, and the king was empowered to institute new courts of record, and to appoint justices for Wales.1 Under this power, and by virtue of a statute passed a few years later,2 courts of justice, called Courts of Great Sessions, were established; and these continued to administer justice in law and equity, and also in criminal matters arising within the principality, until the courts were abolished by statutes in the year 1830, and Wales was put under the jurisdiction of the courts and judges of Westminster Hall. Haverfordwest, a county of itself, (it was enacted,) should for ever find one burgess for the parliament, his charges to be borne by the mayor, burgesses, and inhabitants. To restore to the crown some of its ancient prerogatives which had been granted away from it by the king's progenitors, an act was passed declaratory of the prerogatives. No person, but the king, should have any power or authority to pardon or remit treasons, murders, manslaughters, or felonies. All justices of eyre, justices of assize, justices of peace, and justices of gaol-delivery, should be made by letters-patent under the king's great seal; and the king's supreme authority, and the currency of the king's writ in Counties palatine, and in other subordinate jurisdictions, were recognized.4 The offence of high treason was extended in this reign to many cases far beyond the ancient statute of treason of Edward III. Henry also caused a statute to be passed, empowering the king for the time being, with the advice of 1 27 Henry VIII., cap. 26 (1535). 2 34 and 35 Henry VIII., cap. 26 (1542-3). 1535.] CONSTITUTIONAL STATUTES, 195 his council, to issue proclamations, under pains and penalties to be observed as though they were made by act of parliament. It was amongst the earliest acts of Edward VI. to repeal all such of the treasons of this reign as were carried beyond the ancient statute, as well as the unconstitutional act for proclamations. Amongst the general body of the statutes of this reign, two may be noticed for adapting the law to the exigencies of society. A statute was passed which enacted that all persons seised in fee-simple (except married women, infants, idiots, and persons of nonsane memory) might devise by will and testament two-thirds of their lands held in chivalry, and the whole of their lands held in socage." Another is the first bankrupt-law that appears in the statute-book.3 1 31 Henry VIII., cap. 8; repealed 1 Edward VI., cap. 12. |