Act Concerning Ecclesiastical Appointments and Absolute Restraint of Annates
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The Act Concerning Ecclesiastical Appointments and Absolute Restraint of Annates – short title
Appointment Of Bishops Act 1533 (25 Henry VIII, c. 20) was passed by the Reformation Parliament in 1534. This Act abolished all annates
and made de jure
the royal domination of ecclesiastical elections, which traditionally had been de facto
.
After the Act of Conditional Restraints of Annates of 1532 Thomas Cromwell, Henry VIII
's chief minister, wanted to abolish all payments to Rome
and to strengthen the royal finances by assigning them to the King. Sometime before January 1533 a list of "acts necessary to be made at this Parliament" was prepared and one item included what the historian Stanford E. Lehmberg believes is probably the first known source for this Act:
Thus the Act was meant to transfer the payment of annates from the Pope to the King and was introduced to the Commons
early in the session of Parliament in 1534. The Bill seems to have encountered little opposition in the Commons, possibly because of Cromwell's persuasion. In the Upper House
it did not meet with such approval and was subsequently dropped. The original wording of the Bill is not known and the reason for it being dropped is also not known to historians. Lehmberg believes that it is likely, however, that the Lords Spiritual objected to the retention of annates, even to the King, as they had previously complained after the last annates act was passed that they were "utterly undone and impoverished" by annates.
A new Bill dealing with the annates was introduced into the Upper House on 27 February and passed the Upper House on the 9 March and in the Commons a week after. The Bill that was eventually passed ended all annates and therefore they were not paid to the King. It was of no financial use to the King and seems to be a victory for the clergy.
The other part of the Act dealt with the method of electing bishop
s. Cathedral
s were to hold elections as was previously done but were now bound to choose the candidate selected by the King in his "letter missive". If this was not done accordingly or the ecclesiastical authorities refused to consecrate the King's candidate they would be punished by praemunire
. The Act therefore provided royal domination of episcopal elections which had been for some time a tradition but was now an enforceable legal right with a heavy penalty.
Short title
The short title is the formal name by which a piece of primary legislation may by law be cited in the United Kingdom and other Westminster-influenced jurisdictions , as well as the United States. It contrasts with the long title which, while usually being more fully descriptive of the...
Appointment Of Bishops Act 1533 (25 Henry VIII, c. 20) was passed by the Reformation Parliament in 1534. This Act abolished all annates
Annates
Annates were the whole of the first year's profits of a benefice which were generally given to the papal treasury. They were also known as the "First Fruits" , a concept which dates back to earlier Greek, Roman, and Hebrew religions.-History:This custom was only of gradual growth...
and made de jure
De jure
De jure is an expression that means "concerning law", as contrasted with de facto, which means "concerning fact".De jure = 'Legally', De facto = 'In fact'....
the royal domination of ecclesiastical elections, which traditionally had been de facto
De facto
De facto is a Latin expression that means "concerning fact." In law, it often means "in practice but not necessarily ordained by law" or "in practice or actuality, but not officially established." It is commonly used in contrast to de jure when referring to matters of law, governance, or...
.
After the Act of Conditional Restraints of Annates of 1532 Thomas Cromwell, Henry VIII
Henry VIII of England
Henry VIII was King of England from 21 April 1509 until his death. He was Lord, and later King, of Ireland, as well as continuing the nominal claim by the English monarchs to the Kingdom of France...
's chief minister, wanted to abolish all payments to Rome
Rome
Rome is the capital of Italy and the country's largest and most populated city and comune, with over 2.7 million residents in . The city is located in the central-western portion of the Italian Peninsula, on the Tiber River within the Lazio region of Italy.Rome's history spans two and a half...
and to strengthen the royal finances by assigning them to the King. Sometime before January 1533 a list of "acts necessary to be made at this Parliament" was prepared and one item included what the historian Stanford E. Lehmberg believes is probably the first known source for this Act:
Item, an act that if the PopePopeThe Pope is the Bishop of Rome, a position that makes him the leader of the worldwide Catholic Church . In the Catholic Church, the Pope is regarded as the successor of Saint Peter, the Apostle...
attempts to vex our Sovereign Lord the King of this realm, by interdictionInterdict (Roman Catholic Church)In Roman Catholic canon law, an interdict is an ecclesiastical censure that excludes from certain rites of the Church individuals or groups, who nonetheless do not cease to be members of the Church.-Distinctions in canon law:...
, excommunicationExcommunicationExcommunication is a religious censure used to deprive, suspend or limit membership in a religious community. The word means putting [someone] out of communion. In some religions, excommunication includes spiritual condemnation of the member or group...
, or otherwise for the said marriage, which is ratified and established by this realm, that then no subject of this realm after such attempt shall pay to the Pope any manner of annates, porcions, pensions, PeterpensPeter's PencePeter's Pence is payment made more or less voluntarily to the Roman Catholic Church. It began under the Saxons in England and is seen in other countries. Though formally discontinued in England at the time of the Reformation, a post-Reformation payment of uncertain characteristics is seen in some...
, ne other profit that the Pope now hath out of this realm, but that the same shall be paid to our said Sovereign to retain for his defence and the realm, till it shall please his Highness otherwise to dispose and order the same to the Pope or see apostolik.
Thus the Act was meant to transfer the payment of annates from the Pope to the King and was introduced to the Commons
British House of Commons
The House of Commons is the lower house of the Parliament of the United Kingdom, which also comprises the Sovereign and the House of Lords . Both Commons and Lords meet in the Palace of Westminster. The Commons is a democratically elected body, consisting of 650 members , who are known as Members...
early in the session of Parliament in 1534. The Bill seems to have encountered little opposition in the Commons, possibly because of Cromwell's persuasion. In the Upper House
House of Lords
The House of Lords is the upper house of the Parliament of the United Kingdom. Like the House of Commons, it meets in the Palace of Westminster....
it did not meet with such approval and was subsequently dropped. The original wording of the Bill is not known and the reason for it being dropped is also not known to historians. Lehmberg believes that it is likely, however, that the Lords Spiritual objected to the retention of annates, even to the King, as they had previously complained after the last annates act was passed that they were "utterly undone and impoverished" by annates.
A new Bill dealing with the annates was introduced into the Upper House on 27 February and passed the Upper House on the 9 March and in the Commons a week after. The Bill that was eventually passed ended all annates and therefore they were not paid to the King. It was of no financial use to the King and seems to be a victory for the clergy.
The other part of the Act dealt with the method of electing bishop
Bishop
A bishop is an ordained or consecrated member of the Christian clergy who is generally entrusted with a position of authority and oversight. Within the Catholic Church, Eastern Orthodox, Oriental Orthodox Churches, in the Assyrian Church of the East, in the Independent Catholic Churches, and in the...
s. Cathedral
Cathedral
A cathedral is a Christian church that contains the seat of a bishop...
s were to hold elections as was previously done but were now bound to choose the candidate selected by the King in his "letter missive". If this was not done accordingly or the ecclesiastical authorities refused to consecrate the King's candidate they would be punished by praemunire
Praemunire
In English history, Praemunire or Praemunire facias was a law that prohibited the assertion or maintenance of papal jurisdiction, imperial or foreign, or some other alien jurisdiction or claim of supremacy in England, against the supremacy of the Monarch...
. The Act therefore provided royal domination of episcopal elections which had been for some time a tradition but was now an enforceable legal right with a heavy penalty.