Tag: catherine of aragon

Welcome back to a new year, and a new series, On This Day with Thomas Cromwell. The series will feature happenings on different dates in Cromwell’s life, as seen through his surviving correspondence. I will be posting on Instagram, Tiktok, Facebook, and Bluesky, and some of the larger posts will also be added here.

Today we start off with a huge event, when Cromwell submitted to the 1533 parliament  The Act of Restraint of Appeals, also known as the Ecclesiastical Appeals Act, Statute in Restraint of Appeals, or ‘An Acte that the Appeles in suche Cases as have ben used to be pursued to the See of Rome shall not be from hensforth had ne used but wythin this Realme’. One 4 February, Cromwell, who by this time was in charge of parliament, placed this act 14th in a list of 16 acts to be passed, all of which reached royal assent on 7 April 1533 (note that the original acts were dated with the Julian calendar, which ended the year 1532 on 31 March, so the acts were all originally labelled as 1532. I only use the Georgian calendar when listing Cromwell’s letters and petitions, as do all legal frameworks).

Who cared about the The Act of Restraint of Appeals? As it turned out, many powerful people, the most powerful of them all being Katharine of Aragon, Queen of England. Queen Katharine had been on the throne since 1509, and there was no need or desire for her to give up that position, except when King Henry claimed to be in love with Anne Boleyn. Four years on from the messy and inconclusive legatine court annulment hearing before Cardinals Wolsey and Campeggio, Katharine had been petitioning Pope Clement to refuse her husband King Henry an annulment so he could remarry. King Henry was all talk when it came to divorce, but hadn’t really made that many petitions for an annulment, more just attacked those around him, and wrote to many abroad in the hopes of support.

But Thomas Cromwell had not been so idle. In 1532, he wrote the The Supplication Of The Commons Against The Ordinaries, which became known as the Submission of the Clergy. That made Henry VIII the ‘Head of the Church in England as far as the law allowed.’ All clergy had to bow to the king, not the authority of the Pope in Rome. Months later, Archbishop of Canterbury William Warham died, and after sending out the necessary papal papers, Thomas Cranmer was found abroad and brought home to be the new archbishop, just as Cromwell and Henry both wanted. Cranmer had recently been radicalised in Europe, and finally had come to see the ‘benefits’ for a reformed church in England (and not just because he had been dallying with a Swiss girl).

But ultimately, for all the legal paperwork, Pope Clement still existed. The Catholic faith still existed. A law didn’t change people’s opinions or beliefs. A person could, in theory, still go around the new Archbishop Cranmer and write to the Pope and ask for an ecclesiastic ruling. Katharine of Aragon’s petition to save her marriage remained intact. Despite being an ardent supporter of Queen Katharine and her daughter Princess Mary, Thomas Cromwell was the one to do the work, and cut off Katharine’s hopes of saving her marriage and title. It would be treason to go against this law, the penalty being death.

The Act of Restraint of Appeals is the primary legal foundation of the English Reformation. By ensuring no one in England could seek the Pope’s rulings over King Henry, it made the Church of England essentially real, as its own standing faith, overseen by a monarch, who was anointed by God to rule. The petition went to parliament on 4 February 1533, the only major act of the session, neatly squeezed between an act about paving the road from The Strand to Charing Cross in London, and an act against excessively nice clothing (that’s a whole topic on its own). The large roll Cromwell submitted (written in a scribe’s hand) was the first of ten drafts worked on through the session, and included both Cromwell and the king’s handwriting as the statutes were argued, corrected and settled. This meant the king could have the final ruling on subjects like his own divorce, and passed that power to Archbishop Cranmer to formally put it to Convocation and rule the marriage of Henry and Katharine void, clearing the way for pregnant Anne Boleyn to be crowned. The Act of Restraint of Appeals made everything possible for the English Reformation, leaving many dead when they dared to refuse.

The law of only repealed in full by the Statute Law (Repeals) Act 1969, though Northern Ireland was free of the act by 1950.

Here is the text of the completed draft, with modern spelling, punctuation, and italics placed by me, directly from my book of Cromwell’s letters. I have underlined the most important and relevant parts if you would prefer not to slog through this wordy middle-English decree.

THE ACT OF RESTRAINT IN APPEALS, 4 February 1533 (MSS Cleo. E. VI. 185)

‘An Acte that the Appeles in suche Cases as have ben used to be pursued to the See of Rome shall not be from hensforth had ne used but wythin this Realme’

I. An Act that feeds in such cases, as have been used to be pursued to the See of Rome, shall not be from henceforth had nor used but within this realm where, by diverse sundry old authentic histories and chronicles, it is manifestly declared and expressed that this realm of England is an empire, and so has been accepted in the world, governed by one Supreme Head and King having the dignity and royal estate of the imperial Crown of the same, unto whom a body politic, compact of all sorts and degrees of people divided in terms and by names of Spiritualty and Temporality, be bound and owe to bear next to God a natural and humble obedience; he being also instituted and furnished by the goodness and sufferance of Almighty God with plenary, whole, and entire power, pre-eminence, authority, prerogative, and jurisdiction to render and yield justice and final determination to all manner of folk, residents or subjects within this his realm, in all causes, matters, debates, and contentions happening to occur, insurrect, or begin within the limits thereof, without restraint or provocation to any foreign princes or potentates of the world: the body spiritual whereof, having power when any cause of the law divine happened to come in question or of spiritual learning, then it was declared, interpreted, and shown by that part of the said body politic called the Spiritualty, now being usually called the English Church, which always has been reputed and also found of that sort that both for knowledge, integrity, and sufficiency of number, it has been always thought and is also at this hour sufficient and mete for itself, without the intermeddling of any exterior person or persons, to declare and determine all such doubts, and to administer all such offices and duties as to their rooms spiritual does appertain. For the due administration whereof and to keep them from corruption and sinister affection the King’s most noble progenitors, and the ancestors of the nobles of this realm, have sufficiently endowed the said Church both with honour and possessions. And the laws temporal for trial of propriety of lands and goods, and for the conservation of the people of this realm in unity and peace without ravin (plunder) or spoil, was and yet is administered, adjudged, and executed by sundry judges and administers of the other part of the said body politic called the Temporality, and both their authorities and jurisdictions do conjoin together in the due administration of justice the one to help the other. And whereas the King his most noble progenitors, and the Nobility and Commons of this said realm, at diverse and sundry Parliaments as well in the time of King Edward the First, Edward the Third, Richard the Second, Henry the Fourth, and other noble kings of this realm, made sundry ordinances, laws, statutes, and provisions for the entire and sure conservation of the prerogatives, liberties, and preeminence of the said imperial Crown of this realm, and of the jurisdictions spiritual and temporal of the same, to keep it from the annoyance as well of the See of Rome as from the authority of other foreign potentates attempting the diminution or violation thereof as often and from time to time as any such annoyance or attempt might be known or espied. And notwithstanding the said good statutes and ordinances made in the time of the King’s most noble progenitors in preservation of the authority and prerogative of the said imperial Crown as is aforesaid, yet nevertheless since the making of the said good statutes and ordinances diverse and sundry inconveniences and dangers not provided for plainly by the said former acts, statutes, and ordinances have risen and sprung by reason of appeals sued out of this realm to the see of Rome, in causes testamentary causes of matrimony and divorces, right of tithes, oblations and obventions (offerings to God), not only to the great inquietation, vexation, trouble, costs, and charges of the King’s Highness and many of his subjects and residents in this his realm, but also to the great delay, and let to the true and speedy determination of the said causes, for so much as the parties appealing to the said court of Rome most commonly do the same for the delay of justice. And forasmuch as the great distance of way is so far out of this realm, so that the necessary proofs nor the true knowledge of the cause can neither there be so well known nor the witnesses there so well examined as within this realm, so that the parties grieved by means of the said appeals be most times without remedy. In consideration whereof the King’s Highness, his Nobles and Commons, considering the great enormities, dangers, long delays, and hurts that as well to his Highness as to his said nobles, subjects, commons, and residents of this his realm in the said causes testamentary, causes of matrimony and divorces, tithes, oblations, and obventions do daily ensue, does therefore by his royal assent and by the assent of the Lord’s spiritual and temporal and the Commons in this present Parliament assembled and by authority of the same, enact, establish, and ordain that all causes testamentary, causes of matrimony and divorces, rights of tithes, oblations, and obventions, the knowledge whereof by the goodness of princes of this realm and by the laws and customs of the same appertains to the spiritual jurisdiction of this realm already commenced, moved, depending, being, happening, or hereafter coming in contention, debate, or question within this realm or within any the King’s dominions or marches of the same or elsewhere, whether they concern the King our Sovereign Lord, his heirs or successors, or any other subjects or residents within the same of what degree soever they be, shall be from henceforth heard, examined, discussed, clearly finally and definitively adjudged and determined, within the King’s jurisdiction and authority and not elsewhere, in such courts spiritual and temporal of the same as the natures, conditions, and qualities of the causes and matters aforesaid in contention or hereafter happening in contention shall require, without having any respect to any custom, use, or sufferance in hindrance, let, or prejudice of the same or to any other thing used or suffered to the contrary thereof by any other manner person or persons in any manner of ways. Any foreign inhibitions, appeals, sentences, summons, citations, suspensions, interdictions, excommunications, restraints, judgments, or any other process or impediments of what natures, names, qualities, or conditions soever they be, from the See of Rome or any other foreign courts or potentates of the world, or from and out of this realm or any other the King’s dominions or marches of the same to the See of Rome or to any other foreign courts or potentates, to the let or impediment thereof in any wise notwithstanding. And potentates that it shall be lawful to the King our Sovereign Lord and to his heirs and successors, and to all other subjects or residents within this realm or within any the King’s dominions or marches of the same, notwithstanding that hereafter it should happen any excommencement, excommunications, interdictions, citations, or any other censures or foreign process out of any outward parties to be fulminate, provulged (proclaimed), declared, or put in execution within this said realm or in any other place or places for any of the causes before rehearsed, in prejudice, derogation, or contempt of this said Act and the very true meaning and execution thereof, may and shall nevertheless as well pursue, execute, have, and enjoy the meets, profits, benefits, and commodities of all such processes, sentences, judgments,, and determinations, done or hereafter to be done in any of the said courts spiritual or temporal as the cases shall require, within the limits, power, and authority of this the King’s said realm and dominions and marches of the same, and those only and none other to take place and to be firmly observed and obeyed within the same. As also that all spiritual prelates, pastors, ministers, and curates within this realm and the dominions of the same shall and may use, minister, execute, and do, or cause to be used administered, executed, and done, all sacraments, sacramentals, divine services, and all other things within the said realm and dominions unto all the subjects of the same as Catholic and Christian men are owe to do. Any foreign citations, processes, inhibitions, suspensions, interdictions, excommunications, or appeals for or touching any of the causes aforesaid from or to the See of Rome or any other foreign prince or foreign courts to the let or contrary thereof in any ways notwithstanding. And if any of the said spiritual persons, by the occasion of the said fulminations of any of the same interdictions, censures, inhibitions, excommunications, appeals, suspensions, summons, or other foreign citations for the causes before said or for any of them, do at any time hereafter refuse to minister or to cause to be ministered the said sacraments and sacramentals and other divine services in form as is aforesaid, shall for every such time or times that they or any of them do refuse so to do or to cause to be done, have one year’s imprisonment and to make fine and ransom at the King’s pleasure.

II. And it is further enacted that if any person or persons do attempt move, purchase, or procure, from or to the See of Rome or from or to any other foreign court or courts out of this realm, any manner foreign process, inhibitions, appeals, sentences, summons, citations, suspensions, interdictions, excommunications, restraints, or judgments, of what nature, kind, or quality soever they be, or execute any of the same process, or do any act or acts to the let, impediment, hindrance or derogation of any process, sentence, judgment, or determination had, made, done, or hereafter to be had, done, or made in any courts of this realm or the King’s said dominions or marshes of the same for any of the causes aforesaid. . .that then every person or persons so doing, and their fautors (supporters), comforters, abettors, procurers, executors, and counsellors, and every of them being convicted of the same, for every such default shall incur and run in the same pains, penalties, and forfeitures ordained and provided by the statute of provision and praemunire made in the sixteenth year of the reign of King Richard the Second.

III. And furthermore in eschewing the said great enormities, inquietations, delays, charges, and expenses hereafter to be sustained in pursuing of such appeals and foreign process do therefore ordain and enact that in such cases where heretofore any of the King’s subjects or residents have used to pursue, provoke, or procure any appeal to the see of Rome they shall from henceforth take, have, and use their appeals within this realm and not elsewhere, in manner and form as hereafter ensue and not otherwise. That is to say, first from the archdeacon or his official, if the matter or cause be there begun, to the bishop diocesan of the said See, and likewise, if it be commenced before the bishop diocesan or his commissary, from the bishop diocesan or his commissary, within fifteen days next ensuing the judgment or sentence thereof there given, to the archbishop of the province of Canterbury, if it be within his province, and if it be within the province of York then to the archbishop of York; and so likewise to all other archbishops in other the King’s dominions as the case by the order of justice shall require; and there to be definitively and finally ordered, decreed, and adjudged according to justice, without any other appellation or provocation to any other person or persons, court or courts. And if the matter or contention for any of the causes aforesaid be or shall be commenced before the archdeacon of any archbishop or his commissary, then the party grieved shall or may take his appeal, within fifteen days next after judgment or sentence there given, to the Court of the Arches or Audience of the same archbishop or archbishops, and from the said Court of the Arches or Audience, within fifteen days then next ensuing after judgment or sentence there given, to the archbishop of the same province, there to be definitively and finally determined without any other or further process or appeal thereupon to be had or ensued.

IV. And in case any cause, matter, or contention which has, does, shall, or may touch the King, his heirs or successive kings of this realm, that in all and every such case or cases the party grieved shall or may appeal to the spiritual prelates and other abbots and priors of the Upper House assembled and convocated by the King’s writ in the Convocation being or next ensuing within the province or provinces where the same matter of contention is or shall be begun; so that every such appeal be taken by the party grieved within fifteen days next after the judgment or sentence thereupon given or to be given. And this whatsoever be done or shall be done and affirmed, determined, decreed, and adjudged by the foresaid prelates, abbots, and priors of the Upper House of the said Convocation as is aforesaid, appertaining, concerning, or belonging to the King, his heirs or successors, in any of these foresaid causes of appeals, shall stand and be taken for a final decree, sentence, judgment, definition, and determination, and the same matter so determined never after to come in question and debate to be examined in any other court or courts. And if it shall happen any person or persons hereafter to pursue or provoke any appeal contrary to the effect of this Act, or refuse to obey, execute, and observe all things comprised within the same that then every person and persons so doing, refusing, or offending, their procurers, fautors (patrons), advocates, counsellors, and abettors, and every of them, shall incur into the pains, forfeitures, and penalties ordained and provided in the said statute made in the said sixteenth year of King Richard the Second.