The question of the status of a queen regnant had never been legally fixed. Custom had given to the queen consort many rights, privileges, and powers, but it had not found occasion to fix the amount of power vested in that unknown quantity in England, a reigning queen. The question was raised as to whether a woman could rule England. The Salic Law appeared to forbid, and favourable precedent was lacking. It was therefore necessary to define and confirm the status of the queen by an Act of Parliament.

AN ACT DECLARING THAT THE REGAL POWER OF THIS REALM IS IN THE QUEEN'S MAJESTY, AS FULLY AND ABSOLUTELY AS EVER IT WAS IN ANY OF HER MOST NOBLE PROGENITORS, KINGS OF THIS REALM.

FORASMUCH as the imperial crown of this realm, with all dignities, honours, prerogatives, authorities, jurisdictions. and preeminences thereunto annexed, united and belonging, by the divine providence of Almighty God, is most lawfully, justly and rightfully descended and come unto the Queen's Highness that now is, being the very, true and undoubted heir and inheritrix thereof, and invested in her most royal person, according unto the laws of this realm: And by force and virtue of the same, all regal power, dignity, honour, authority, prerogative, preeminence and jurisdictions doth appertain, and of right ought to appertain and belong unto her Highness, as unto the sovereign supreme governor and queen of this realm, and of the dominions thereof, is as full, large and ample manner, as it hath done heretofore to any other her most noble progenitors, kings of this realm: Nevertheless, the most ancient statutes of this realm, being made by kings then reigning, do not only atribute and refer all prerogative, preeminence, power and jurisdiction royal unto the name of king, but also do give, assign and appoint the correction and punish

ment of all offenders against the regality and dignity of the crown, and the laws of this realm, unto the king: By occasion whereof, the malicious and ignorant persons may be hereafter induced and persuaded unto this error and folly, to think that her Highness could nor should have, enjoy and use such like royal authority, power, preeminence, prerogative and jurisdiction, nor do nor execute and use all things concerning the said statutes, and take the benefit and privilege of the same, nor correct and punish offenders against her most royal person and the regality and dignity of the crown of this realm and the dominions thereof, as the kings of this realm, her most noble progenitors, have heretofore done, enjoyed, used and exercised.

II. For the avoiding and clear extinguishment of which said error or doubt, and for a plain declaration of the laws of this realm in that behalf.

III. Be it declared and enacted by the authority of this present Parliament, That the law of this realm is, and ever hath been, and ought to be understood, that the kingly or regal office of his realm, and all dignities, prerogatives royal, power, preeminences, privileges, authorities and jurisdictions thereunto annexed, united or belonging, being invested either in male or female, are and be, and ought to be, as fully, wholly, absolutely and entirely deemed, judged, accepted, invested and taken in the one as in the other; so that what or whensoever statute or law doth limit and appoint that the king of this realm may or shall have, execute and do any thing as king, or doth give any profit or commodity to the king, or doth limit or appoint any pains or punishment for the corrections of offenders or transgressors against the regality and dignity of the king or of the crown; the same, the Queen (being supreme) governess, possessor and inheritrix to the imperial crown of this realm, as our said sovereign lady the Queen most justly presently is, may be the same authority and power likewise have, exercise, execute, punish, correct and do, to all intents, constructions and purposes, without doubt, ambiguity, scruple or question; any custom, use or scruple, or any other thing whatsoever to be made to the contrary notwithstanding.

(Ed. from Statutes at Large, ed. cit., IV, 3.)

130. Mary Attempts to restore Church Lands

(1554)

Somers' Tracts

The fidelity of Queen Mary to the Catholic Church was displayed in many ways. Her attitude toward heretics has been shown, and the following Act indicates another phase in her desire to restore to the Church the lands taken from it during the previous reigns. The attempt was only partially successful, as vested private interests were too strong to be abrogated, especially as their possessors formed the legislature through which Mary sought to effect the restitution.

A SPEECH OF QUEEN MARY'S TO HER COUNCIL, UPON HER RESOLUTION OF RESTORING CHURCH LANDS. ANNO REG. MAR. 4.

We have willed you to be called to us, to the intent you might hear of me, my conscience, and the resolution of my mind, concerning the lands and possessions, as well of monasteries, as other churches whatsoever, being now in my possession.

First, I do consider, that the said lands were taken away from the churches aforesaid in time of schism; and that by unlawful means, such as are contrary both to the law of God, and of the church: for which cause my conscience doth not suffer me to detain them. And therefore I here expressly refuse, either to claim, or retain those lands for mine: but with all my heart, freely and willingly, without all paction or condition, here, and before God, I do surrender and relinquish the said lands and possessions, or inheritances whatsoever; and renounce the same with this mind and purpose, that order and disposition thereof may be taken, as shall seem best liking to the Pope, or his legate, to the honour of God, and the wealth of this our realm. And albeit you may object to me again, That the state of my kingdom, the dignity thereof, and my crown imperial, cannot be honourably maintained and furnished without the possessions aforesaid: yet notwithstanding (and so she had affirmed before, when she was bent upon the restitution of the tenths and first fruits), I set more by the salvation of my soul, than by ten such kingdoms: and therefore the said possessions I utterly refuse here to hold, after that sort and title: and I give most hearty thanks to God, who hath given me a husband of the same mind, who hath no less good affection in his behalf, than I myself. Wherefore I charge and command that my chancellor, (with whom I have conferred my mind in this mat

ter,) and you four, to resort to-morrow together, to the legate, signifying to him the premises in my name. And give your attendance upon me, for the more full declaration of the state of my kingdom, and of the aforesaid possessions, according as you yourselves do understand the matter, and can inform him in the same.

(Collection of Tracts, Somers', ed. by Walter Scott, Lond., 1809. 1, 56.)

131. Mary's Orders for the Execution of John Hooper

(1555)

Historical Documents, Goldsmid

Mary's extreme anxiety for the stamping out of heresy may be seen in her instructions as to the execution of Hooper. He was not to be allowed to speak lest he should further spread his pernicious doctrines. The original manuscript is subscribed "A True Copy of an Old Paper in my Custody, which seems to be the first Draught of a Letter from the Queen to the lord Chandois, etc., who went to see Execution done on Bishop Hooper."

Right Trusty and Well-beloved, etc. Whereas John Hooper, who of late was called Bishop of Worcester and Gloucester, is, by due order of the laws Ecclesiastique,condempned and judged for a moste obstinate, false, detestable Heretique, and committed to our Secular Power, to be burned according to the holsome and good Lawes of our Realme in that Case provided. Forasmuche as in those Cityes, and the Diocesse thereof, he hath in Tymes paste preached and taught most pestilent Heresyes and Doctryne to our Subjects there: We have therefore geven Order, that the said Hooper, who yet persisteth obstinate, and hath refused Mercy when it was gracyously offred, shall be put to Execution in the sayd Cytie of Gloucester, for the Example and Terror of suche as he hath there seduced and mistaught, and bycause he hath doone moste Harme there. And woll that you, calling unto you some of Reputation dwelling in the Shire, such as ye thinke best, shall repayre unto our said Cytye, and be at the said Execution, assisting our Mayor and Shriefs of the same Cytie, in this Behalf. And forasmuche also as the said Hooper is, as Heretiques be, a vain-glorious Person, and delyteth in his Tongue, and having Liberty, may use his sayd Tongue to perswade such as he hath seduced, to persist in the myserable Opinion that he hath sowen among them: Our Pleasure is therefore, and we require you to take Order, that the said Hooper be neither, at the Tyme of his Execution, nor in goyng to the Place thereof, suffred to speak at large; but thither to be ledde quietly, and in Sylence, for

eschuyng of further Infection, and such Inconvenyence, as may otherwise ensue in this Parte. Whereof fayle not, as ye tender our Pleasure...

A True Copy of an Old Paper in my Custody, which seems to be the first Draught of a Letter from the Queen to the Lord Chandois, etc., who went to see Execution done on Bishop Hooper.

THOM. TANNER.

(Collection of Historical Documents Illustrative of the Reigns of the Tudor and Stuart Sovereigns. Ed. by E. Goldsmid, Edinburg, 1886. II, 16.)

132. The Burning of Ridley and Latimer

Foxe

The History of the Acts and Monuments of the Church has had, under the name of the Book of Martyrs, a wide circulation among Protestants. The writer, JOHN FOXE (1517-1587) was a man of great discernment and unquestioned integrity, and his work is a leading source for the Reformation period. The execution of bishops Ridley and Latimer has been selected as typical of such scenes. In a later page is given (No. 141), as contrast, an execution of a Catholic during the reign of Elizabeth.

THE BEHAVIOUR OF DR. RIDLEY AND MASTER LATIMER, AT THE TIME OF THEIR DEATH, WHICH WAS THE 16TH OF OCTOBER, 1555.

Upon the north-side of the town, in the ditch over against Balliol-college, the place of execution was appointed: and for fear of any tumult that might arise, to let the burning of them, the lord Williams was commanded, by the queen's letters, and the householders of the city, to be there assistant, sufficiently appointed. And when every thing was in readiness, the prisoners were brought forth by the mayor and the bailiffs.

Master Ridley had a fair black gown furred, and faced with foins, such as he was wont to wear being bishop, and a tippet of velvet furred likewise about his neck, a velvet nightcap upon his head, and a corner cap upon the same, going in a pair of slippers to the stake, and going between the mayor and an alderman, etc.

After him came master Latimer in a poor Bristol frieze frock all worn, with his buttoned cap, and a kerchief on his head, all ready to the fire, a new long shroud hanging over his hose, down to the feet: which at the first sight stirred