Succession to the Crown: Marriage Act 1536
| Jurisdiction | UK Non-devolved |
| Citation | 1536 c. 7 |
| Year | 1536 |
(28 Hen. 8) C A P. VII.
'IN their most humble wise shewing to your most royall Maiestie, the Lords spirituall and temporall, and all other your most louing & obedient subiects, the commons in this your most high court of Parliament assembled, that where in your last Parliament begun and holden at London the iij. day of Nouember, in the xxj. yere of your most gratious reigne, and from thence adiourned toWestminster , and there holden and continued by diuers and sundry prorogations vnto the fifteenth day of Ianuary in the fiue and twentieth yere of your most noble reigne, & then there holden: it was made and ordeined an Act concerning amongst many things, aswell for ratification and confirmation of your mariages, then had and solemnized betweene your highnesse and the late Lady Anne Bullen Marques of Pembroke , as for the limitation of the succession of your imperiall Crowne of this Realme, to the issue of your body begotten, and to bee begotten of the body of the said Ladie Anne , with diuers remainders ouer for the default of such issue, as in the saide Act plainely and particularly more at large is expressed and mentioned. And where also by the said Act it was ordeined and established, that all and singuler your subiects should take a corporall oath, for the fulfilling, mainteining and defending the whole effects and contents of the said Act. And it was further ordeined by the said Act amongst other things, that if any person or persons, subiect or resiant within this Realm, or within any your graces dominions, after the first day of May , then next insuing, by writing, print, deed or Act procured or done, or caused to be procured or done any thing or things to the preiudice, slander, disturbance, or derogation of the said matrimonie, solemnized between your Maiestie and the said Lady Anne , or to the perill, slander, or disherison of any the issues or heires of your highnesse, being limited by the same Act to inherit and to be inheritable to the Crowne of this Realme, whereby any such issues or heires of your highnesse might tee destroyed, disturbed, or interrupted in bodie or title of inheritance to the Crowne of this Realme, as to them is limited in the said Act: that then euery such person and persons, and their aidours, counsellors, mainteinors, and abbettors, and euery of them, for euery such offence, should be adiudged high traitors, and that euery such offence should be adiudged high treason. And the offenders, and their aidours, connsellours, maintenours, and abbettors, and euery of them, being lawfully conuict of such offence by presentment, verdict, confession, or proces, according to the customes and Lawes of this Realme, should suffer paine of death, as in cases of high treason: as in the said Act amongst many other articles, clauses, and prouisions, is more at large mentioned and specified.
II. And also in the said Parliament holden atWestminster by prorogation on the third day of November , in the sixe and twentieth yeere of your most noble reigne, an other Act was made far declaration and ratification of the said oath, which diuers of your subiects then had taken, and all your subiects after that were bounde to take for due obseruation of the said act of the said succession, as by the same Act amongst other things is also specified and expressed: and albeit most dread Soueraigne Lord, and that the saide Actes were then made, as it was then thought by your Maiestie, Nobles and Commons vpon a pure perfect and cleere foundation, thinking the said mariage then had betweene your highnesse and the said Ladie Anne in their consciences to haue beene pure, sincere, perfect and good, and so was reputed, accepted, and taken in the Realme, till now of late, that God of his infinit goodnesse (from whom no secret things can be hid) hath caused to be brought to light euident and open knowledge, aswell certaine, iust, true, and lawful impediments vnknowen at the making of the said Acts, & since that time confessed by the said Anne , before the most reuerend father in God Thomas Arch Bishop of Canterbury , metropolitane and primat of all England sitting iudicially for the same: by the which plainely appeareth, that the said mariage betweene your grace and the said Ladie Anne , was neuer good nor consonant to the Lawes, but vtterly voyde and of none effect: by reason whereof your highnesse was and is lawfully diuorsed and separated from the bonds of the said mariage in the life of the said Ladie Anne: and this notwithstanding most gratious Soueraigne Lord the Ladie Elizabeth your daughter, being borne vnder the said vnlawfull mariage, by vertue and authoritie of the Act of your succession aboue remembred, for lacke of heires males of your bodie, should immediately succeede as your lawfull heire in the most royall estate of your imperiall Crowne of this Realm, against all honour, equitie, reason, and good conscience, if remedie should not be prouided for the same: and ouer this most dread Soueraigne Lord, albeit that your Maiestie not knowing of any vnlawfull impediments, entred into the bonds of the said vnlawfull mariage, and aduanced the same Ladie Anne to be honour of the soueraigne estate of the Queene of this Realme: yet neuerthelesse she inflamed with pride and carnall desires of her body, putting appart the dread of God and excellent benefits receiued of your highnesse, confederated her selfe with George Bullen late Lord Robford her naturall brother, Henry Norreis Esquier, Francis Weston Knight, William Brereton Esquier, Gentleman of your Priuie-chamber, and Marke Smeton Grome of your said Priuiechamber, and so being confederate, she and they most traiterously committed and perpetrated diuers detestable and abhominable treasons, to the most fearefull perill and danger of the destruction of your most royall person, and to the vtter losse, disherison and desolation of this Realme, if God of his goodnesse had not in due time brought their said treasons to light: for the which being plainely and manifestly prooued, they were conuict, and atteinted by the due course and order of your common lawes of this Realme, and haue suffered according to their merits, as by the records thereof more at large may appeare.
III. And albeit most gratious and most dread Soueraigne Lord, diuers and sundry honorable iust, true and reasonable Clauses be conteined and expressed in the said Act, made for the establishment of your succession, which he very necessary and prositable for the commonwealth of this Realme: yet neuerthelesse because certaine articles & clauses conteined in the same, concerning the ratification of your said vnlawful mariage, between your highnesse and the said LadyAnne , and the limitation of your succession to the issues of your body had by the said Lady Anne , and the oath expressed and mentioned in both the Acts aboue remembred, for the defending and mainteining the whole effects and contents of the said Act, which clauses and articles be now become of late so dishonourable, and so far distant from the due course of your common Lawes of your Realme, and also so much against good reason, equitie, and good conscience, that they cannot be susteined nor tollerated to continue and indure without great perill of diuision hereafter to bee had, by occasion of the same amongst us your said most humble, louing and obedient subiects and our posterities:' It may therefore please your highnesse of your most excellent and accustomable goodnesse, and for the entire loue, fauour and hartie affection, that your maiestie hath alwayes borne and beareth the Commonwealth of this your Realme, and for the conseruation of the good peace, vnitie, and rest of vs your most bounden and obedient subiects, and of our said posterities, that it may be enacted by the authority of this present Parliament, that the said two Acts and euery of them, and all clauses, articles and prouisions therein conteined, from the first day of this present Parliament, shall bee repealed, adnulled, and made frustrate and of none effect.
IV Repeale.
IV. Prouided alway that the said repeale and adnullation of the said Act, which was made for the establishment of your succession, shall not bee taken, expounded nor vnderstood, to discharge any person or persons, which haue done or committed any offences of treason or mirprision of treason, contrary to the same Act, or any part thereof at any time afore the first day of this present Parliament: but that such offences of treason and misprision of treason, done and committed by any person or persons, contrary to the same Act, afore the first day of this present Parliament, shall bee and remaine in the same degree and qualitie, to be punished by authoritie of the same Act, as if the same Act had not beene repealed: the repeale and adnullation of the same Act by authoritie of this present Parliament in any wise notwithstanding. 'Neuerthelesse the Kings most royall Maiestie, most gratiously considering, that diuers and many of his most louing and obedient subiects now lately afore the beginning of this present Parliament, haue spoken, done, practised, procured, and attempted, aswell by words, writing, and printing, as by exteriour Actes, not onely against the saide vnlawfull mariage, solemnized betweene his highnesse and the said LadieAnne , and to the preiudice, slander, disturbance, and derogation thereof, but also to the perill, slander and disherishon of the Ladie Elizabeth the Kings daughter illegitimat borne vnder the same mariage, and to the let, disturbance, and interruption of the said LadieElizabeth to the title of the Crowne: and also to depriue the saide Ladie Anne late Queene, and the said Ladie Elizabeth , and euery of them of their dignitie, title, and name of their royall estates, contrary to the tenors, purports, prouisions...
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