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Updated: June 14, 2025
Many of the latter were allowed to take possession of their temporalities so far as they were within English power by taking an oath of allegiance, specially drawn for them. Others, when prevented from so doing by the penalties of praemunire, delegated their authority to Vicars General, who contrived to elude the provisions of the statute.
If a couple of persons, duly called by banns in their own respective parishes, or furnished with the right reverend's perquisite, a licence, come to me, a clerk in holy orders, and ask me to marry them, I've a vague idea that unless I comply I lay myself open to the penalties of praemunire, or something else equally awful and mysterious.
For exercising legatine powers in England Cardinal Wolsey had been indicted and found guilty of the violation of the stature of Praemunire, and as the clergy had submitted to his legatine authority they were charged as a body with being participators in his guilt.
Edward I in the beginning of that century withstands Boniface VIII, the last great pontiff in whom the temper and resolution of Hildebrand appear, as William the Conqueror had withstood Gregory VII. The statute of praemunire, a generation later, prepares the way for Wyclif. The Papacy is now but an appanage of the Valois monarchs.
All the new treasons, felonies, and praemunire penalties of the previous reigns were abolished on the ground, it was declared, that Mary hoped to win the obedience of her subjects through love rather than through fear. The marriage of Henry VIII. with Catharine of Aragon was declared valid, and consequently Mary was acknowledged as the lawful successor to the throne.
In yet sharper words the king rebuked the Papal greed. "The successor of the Apostles was set over the Lord's sheep to feed and not to shear them." The Parliament declared "that they neither could nor would tolerate such things any longer"; and the general irritation moved slowly towards those statutes of Provisors and Praemunire which heralded the policy of Henry the Eighth.
If any persons not of noble birth refused to take the oath they should be committed to prison till the next quarter sessions or assizes, and if in these assemblies they persisted in their refusal they incurred thereby the penalty of Praemunire.
Proceeding rapidly in the same direction, it was declared that commissioners in ecclesiastical causes should adjudge nothing as heresy which was not expressly so condemned by the Canonical Scriptures, the received General Councils, or by Parliament. The penalty of praemunire was declared in force, and, to crown the work, the celebrated "Act of Uniformity" was passed.
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