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whom he created Duke of Somerset (usually styled the became the controlling members. They favoured the Protestant religion, in which they were ardently supported by Edward ; and they enforced the profession and exclusive adoption of Protestant principles and doctrines. After & reign of six years, Edward was succeeded by his half-sister Mary, daughter of Katherine of Arragon, educated in the strictest principles of the Romish religion. Immediately on her accession, she caused all the statutes of Edward, esta. blishing the Protestant religion, to be repealed, and she employed her short reign in restoring the papal power, Roman Catholic institutions, and the exclusive profession

and adoption of the Roman religion. As these were again




1547-1553. Reigned 6 years. Character of the Legislation of this Reign.— First Parliament.--Protes

tant Principles enforced.—Sacrament in both kinds.—Unconstitutional Acts of Henry VIII. repealed.— Act of Uniformity of Common

Prayer. Our purpose does not require any minute examination of the legislation of the reigns of Edward VI. and Mary. For the most part it was temporary, subverting and subverted. Edward, son of Henry VIII. by Jane Seymour, ascended the throne on the 28th of January, 1547, being then but nine years old. He was placed, during his minority, by his father's will, under the protection of a council, of which his uncle, Protector Somerset), and Archbishop Cranmer, immediately





overturned by Elizabeth, as soon as she succeeded to the throne, the legislation of the reigns of Edward and Mary became, for the most part, merged in that of Elizabeth. There was one exception, however,--the act for the uni. formity of common prayer, passed by Edward, was revived by Elizabeth, and still remains the basis of the authority by which the Book of Common Prayer is now used in the Church of England.

Edward's first parliament met on the 4th of November; 1547, and its first statute was to establish Protestant riews concerning the administration of the sacrament. After declaring that it was more agreeable to the first institution of the sacrament, and the practice of the apostles, that it should be ministered to the people in both kinds, of bread and wine, than under the form of bread only; and that the’ people should receive it with the priest, and that the priest should not receive it alone, a law was made to that effect.?

The same parliament overthrow some of the unconstitutional laws of Henry VIII. It abolished all now-made treasons since the statute of Edward III. ; and by a very sweeping clause, it repealed all previous statutes concerning religious opinions, and concerning doctrine or matters of religion. It repealed the act of Henry giving his proclamations the force of laws. But it imposed heavy penalties, and for the third offence made it high treason to preach or affirm in words, and for the first offence, high treason to affirm in writing, that the king was not head of the Church, or that the pope

It repealed all offences made felony since the statute 21 Henry VIII. It took away the benefit of clergy and sanctuary from persons convicted of murder, of poisoning, of house-breaking, of highway-robbery, of horse-stealing, and of robbing from a church; but it declared that a lord of parliament, or peer of the realm, should of common grace have benefit of clergy, though he could not read, without

1 Statute 1 Edward IV., cap. 1, an act against such as shall unreverently speak against the sacrament of the altar, and the receiving thereof under both kinds.


any burning in the hand, loss of inheritance, or corruption of blood, for the first offence. It extended the benefit of clergy to cases of bigamy, and it gave protection to persons arraigned for high treason, by enacting that no conviction should take place, unless the offender be accused by two witnesses, or should willingly, without violence, confess the same.

The parliament granted to Edward the duties of tonnage and poundage for his life.?

In the second session of Edward's parliament, was passed the" Act for Uniformity of Service and Administration of the Sacraments throughout the Realm.” Although repealed by Mary, it was revived by Elizabeth, and thus became again the law of the land. It appears from the preamble that “ there had been divers forms of common prayer, those of Sarum, of York, of Bangor, and of Lincoln; and besides these, sundry forms and fashions had been used for morning prayer and evensong, in the holy communion, commonly called the Mass, and in the other sacraments of the Church; and although the king, with the advice of his uncle the Lord Protector, and others of his council, had desired to stay innovations or new rites, they had not had such good success as his highness desired. Whereupon his highness, being pleased to bear with the weakness and frailty of his subjects, and of his great clemency, had been not only content to abstain from punishment of offenders,- for that they did it of a good zeal,—but also to the intent a uniform, quiet, and godly order should be had, had appointed the Archbishop of Canterbury, and certain bishops and learned men, to draw and make one order, rite, and fashion of common and open prayer, which, by the aid of the Holy Ghost, with one uniform agreement, was concluded and delivered to his highness.” The act therefore directed that all ministers,

1 1 Edward VI., cap. 12. It repealed the acts 5 Richard II., stat. 1, cap. 6; 2 Henry V., cap. 7 ; 25 Henry VIII., cap. 14; 34 & 35 Henry VIII., cap. 1.

3 1 Edward VI., cap. 13.


199 in any cathedral, parish, or other ehurch, should, from the next feast of Pentecost, be bound to say and use all their common and open prayer in the order and form mentioned in the book, and no other. Penalties were imposed on those who refused to use, or who spoke in derogation of the Book of Common Prayer. By a later act, of the same reign, all persons were required to resort to the parish church, on Sundays and holidays; and penalties were imposed on those who were willingly present when any other forms of worship but of common prayer were used.?

1 2 & 3 Edward VIP, cap. 1, A,D. 1548,
25 & 6 Edward VI., cap. 11,




1553-1558. Reigned 5 years. Principle of Government announced.—Restoration of the Roman Ca

tholic Religion.—The Laws of Edward VI. repealed. Mary ascended the throne on the 6th of July, 1553. She opened her statute-book with an act to “ Repeal and take away Treasons, Felonies, and cases of Præmunire.” The principle of government which she announced (in the preamble) was, “ that the state of a king standeth more assured by the love and favour of the subject towards their sovereign, than in the dread and fear of the laws made with rigorous pains and extreme punishment;" ... and that “laws made without extreme punishment are more often obeyed than laws made with extreme punishment.” She therefore repealed all offences made treason, but those declared in the statute of Edward III. In the face of these humane principles she has descended to posterity as bloody Mary."

Being the first queen regnant of England since the Conquest, an act was passed to declare that “the royal power and dignities vest in a Queen the same as in a King."2 The parliament granted her the subsidy of tonnage and poundage for her life. She married Philip, King of Spain, and having given him the title of king, they together overthrew the Protestant religion, and all its adjuncts, by an act for repealing all articles and provisions made against the see apostolic of Rome, since the twentieth year of King Henry VIII., and for the establishment of all spiritual and ecclesiastical possessions and hereditaments conveyed to the laity. The preamble stated that, “ since the twen

11 Mary, c. 1. ? 1 Mary, sessio tertia, c. 1. 3 Idem, stat. 2, c. 17–18.

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