[3] Theoretically Henry VII’s power was restrained by certain checks (see S328, note 1), and even Henry VIII generally ruled according to the letter of the law, however much he may have violated its spirit. It is noticable, too, that it was under Henry VIII (1541) that Parliament first formally claimed freedom of speech as one of its “undoubted privieges.”
During this period England laid claim to a new continent, and Henry VIII, repudiating the authority of the Pope, declared himself the “supreme head” (1535) of the English Catholic Church. In the next reign (Edward VI) the Catholic worship, which had existed in England for nearly a thousand years, was abolished (1540), and the Protestant faith became henceforth—except during Mary’s short reign—the established religion of the kingdom. It was enforced by two Acts of Uniformity (1549, 1552). One effect of the overthrow of Catholicism was to change the character of the House of Lords, by reducing the number of spiritual lords from a majority to a minority, as they have ever since remained (S406, note 2).
At the beginning of Elizabeth’s reign the Second Act of Supremacy (1559) shut out all Catholics from the House of Commons (S382), Protestantism was fully and finally established as the state religion,[1] embodied in the creed known as the Thirty-Nine Articles (1563); and by the Third Act of Uniformity (1559) very severe measures were taken against all—whether Catholics or Puritans—who refused to conform to the Episcopal mode of worship. The High Commission Court was organized (1583) to try and to to punish heretics—whether Catholics or Puritans. The great number of paupers caused by the destruction of the monasteries under Henry VIII and the gradual decay of relations of feudal service caused the passage of the first Poor Law (1601) (S403), and so brought the Government face to face with a problem which has never yet been satisfactorily settled; namely, what to do with habitual paupers and tramps.
[1] By the Third Act of Uniformity and the establishment of the High Commission Court (S382). The First and Second Acts of Uniformity were enacted under Edward VI (S362).
The closing part of Elizabeth’s reign marks the revival of parliamentary power. The House of Commons now had many Puritan members, and they did not hesitate to assert their right to advise the Queen on all questions of national importance. Elizabeth sharply rebuked them for presuming to meddle with questions of religion, or for urging her either to take a husband or to name a successor to the throne; but even she did not venture to run directly counter to the will of the people. When the Commons demanded (1601) that she should put a stop to the pernicious practice of granting trading monopolies (S388) to her favorites, she was obliged to yield her assent.
16. James I; the Divine Right of Kings; Struggle with Parliament.