In anno 33 Hen. VIII, occurs what is believed to be the First Instance of the Royal Assent being given by Commission: unless the Proceedings in An. 23 and 25, already stated, may be considered in that Light. It appears by the Journals of the House of Lords[1], that the Chancellor produced two Acts agreed to by the Lords and Commons, one for the Attainder of the Queen and her Accomplices, and the other for proceeding against Lunaticks in Cases of Treason; each Act being signed by the King, and the Royal Assent being signified by a Commission under the Great Seal signed by the King, and annexed to both the Acts. And thereupon the Lords agreed to call for the Commons, that in the Presence of both Houses the Authority of Law may be given to both the Acts, which was done; “quod et factum est.” Meanwhile the Commons arrived; and the Duke of Suffolk made a Report from the Committee ordered to attend the Queen, that she acknowledged her Crime, and prayed Indulgence. This is all that appears on the Journal respecting these two Acts. The Commission is not, as in subsequent Cases, given at Length in the Journal, but the original Instrument is preserved at the Parliament Office, to which both the Acts are attached, and the Whole is joined together by the Label which holds the Great Seal. These are preserved in the Bundle, and entered in the Calendar of the 37th Year, at the Parliament Office, instead of the 33d. The following is a Copy of this Commission:
“HENRY ℞
Henry the Eight, by the Grace of God King of Englonde, France, and Ireland, Defender of the Faithe and of the Church of Englonde, and also of Ireland, in Erthe the Supreme Head. To our right trusty and right well beloved the Lords Spũall and Temporall, and to our trusty and right well beloved the Knights, Citizens, and Burgesses, the Commons in this present Parliament assembled, Greeting: We have seen and ꝑfightlie understood two Acts and Ordinances annexed and affyled to these Presents, agreed and accorded by you our loving Subjects the said Lords Spũall and Temporall and the said Commons in this our present Parliament assembled, and severally endocyde by you as hath been accustomed; The one of the said Acts concerning the Attainder of the Queene and other her Complices, and the other concerning a Law and Ordinance divysed for suche Persons which after their Confessions or Conviccions of Treason shall happen to fall mad or lunatick, with diverse Clauses, Articles, and Provisions conteyned in either of the said Acts: And forasmuch as ye our said Subjects the said Lords and Commons have most humblie desired us, amongst other Things, by the Contents of one of the said Acts concerning the Attainder of the Quene and other her Complices for diuers Respects and Considerations therein expressed, and for the speedy Execution thereof, to put thereunto our Royal Assent by our Letters Patent to be assigned with oure Hande and sealed with our Great Seale, We have therefore at your humble Contemplacion and Desire, caused these our Letters Patent to be made, and have signed and caused the same to be sealed accordingly, and by the same declare and notify, as well to you the said Lords Spũal̴l̴ and Temporall and Commons aforesaid, as to all and singular other our loving Subjects, that We, in Accomplishment of your humble Desyres, by these presents do putt our Royal Assent to the said Acte and Ordinaunce concerning the Attainder of the Quene and other her Complices therein named, and to all Articles, Clauses, and Provisions therein contained; and also for divers Considerations us moving, do put our Royal Assent to the other said Act dyvised for such Persons as after their Confessions or Conviccions of Treason happen to fall madd or lunatick, and to all Clauses, Articles, and Provisions therein conteyned; and be fully agreed and assented to both the said Acts: Willing that the said Acts, and every Article, Clause, Sentence, and Provision therein conteyned from henceforth shall be of the same Strength, Force, and Effect, as if We had been personally present in the higher House, and had openly and publickly in the Presence of you all assented to the same; Commanding also by these Presents as well our Chancellor of England to seal these our Letters Patent with our Great Seal, and to declare and notify this our Royal Assent, in our Absence in the higher House, in the Presence of you the said Lords Spũall and Temporall and Commons of our Parliament, there to be assembled for that Purpose, as the Clerk of our Parliament to endoce the said Acts with such Terms and Words in our Name as is requisite and hath been accustomed for the same, and also to enroll these our Letters Patent in the Parliament Roll; and these our Letters Patent shall be to every of them sufficient Warrant in that Behalf; and for more surety hereof we have assigned the said Acts with our Hand; and finally declare and will, that after this our Royal Assent passed by these Presents, and declared and notified as is aforesaid, that then immediately the said Acts and every of them shall be taken, accepted, and admitted good, sufficient, and ꝑfight, to all Entents, Constructions, and Purposes, and to be put in due Execution accordingly; the Continuance of our Parliament, or any other Use, Custom, Thing or Things, to the contrary thereof notwithstanding.” [No Date or Teste.]
These Acts have been printed as Chapters 20 and 21 of 33 Hen. VIII. in all Editions: But the Titles of them do not appear in the Index Statutorum at the End of the Journal of this 33d Year[2], in which Forty-four Acts are specified. The Act respecting Lunaticks having committed Treason [chapter 20.] is on the Roll in Chancery, [nu. 15.] but the Act for the Attainder of the Queen [chapter 21.] is not found entered on that Roll; nor is the Commission for giving the Royal Assent, though required in the Commission to be entered thereon.[3] There are Two Rolls in Chancery of this 33d Year, Duplicates, each containing only the same Twenty-two “Public Acts” of that Year, and no List of the Private Acts: The Printed Statutes contain Thirty-nine Chapters as Public Acts; but several of them relative to matters merely local or personal; and Ten Private Acts, Three of which are not specified in the Index Statutorum of this Year above mentioned.
- ↑ Vol. I. pa. 176.
- ↑ Journal, vol. I. pa. 198.
- ↑ This Act contains the following Clauses: “Be it declared by Authority of this present Parliament, That the King’s Royal Assent by his Letters Patent under his Great Seal, and assigned with his hand, and declared and notified in his Absence to the Lords Spiritual and Temporal, and to the Commons, assembled together in the High House, is and ever was of as good strength and force as though the King’s Person had been there personally present, and had assented openly and publickly to the same. —And Be it also enacted, That this Royal Assent, and all other Royal Assents hereafter to be so given by the Kings of this Realm, and notified as is aforesaid, shall be taken and reputed good and effectual to all Intents and Purposes, without Doubt or Ambiguity; any Custom or Use to the contrary notwithstanding.”
