Act Respecting The Oath To The Succession
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The Act Respecting the Oath to the Succession (26 Hen. 8 c. 2) was passed by the
Parliament of England The Parliament of England was the legislature of the Kingdom of England from the 13th century until 1707 when it was replaced by the Parliament of Great Britain. Parliament evolved from the great council of bishops and peers that advised t ...
in November 1534, and required all subjects to take an oath to uphold the Act of Succession passed that March. It was later given the formal short title of the Succession to the Crown Act 1534.


Provisions

The Act required all those asked to take the oath to recognise
Anne Boleyn Anne Boleyn (; 1501 or 1507 – 19 May 1536) was Queen of England from 1533 to 1536, as the second wife of King Henry VIII. The circumstances of her marriage and of her execution by beheading for treason and other charges made her a key ...
as King
Henry VIII Henry VIII (28 June 149128 January 1547) was King of England from 22 April 1509 until his death in 1547. Henry is best known for his six marriages, and for his efforts to have his first marriage (to Catherine of Aragon) annulled. His disa ...
's lawful wife and their children legitimate heirs to the throne. Anyone refusing to take the oath was guilty of treason."Oath of allegiance to Henry VIII and his successors,1534", National Archives, Gov. UK
/ref> The Oath of Succession itself went further than the original Act in several ways. It demanded that persons swearing the oath renounce the power of any "foreign authority or potentate" and repudiate any oath previously made to such an authority. This discrepancy did not go unnoticed by Sir
Thomas More Sir Thomas More (7 February 1478 – 6 July 1535), venerated in the Catholic Church as Saint Thomas More, was an English lawyer, judge, social philosopher, author, statesman, and noted Renaissance humanist. He also served Henry VIII as Lord ...
who claimed he had been sent to the
Tower A tower is a tall Nonbuilding structure, structure, taller than it is wide, often by a significant factor. Towers are distinguished from guyed mast, masts by their lack of guy-wires and are therefore, along with tall buildings, self-supporting ...
"for refusing of this oath not agreeable with the statute". He thought that
Thomas Cromwell Thomas Cromwell (; 1485 – 28 July 1540), briefly Earl of Essex, was an English lawyer and statesman who served as chief minister to King Henry VIII from 1534 to 1540, when he was beheaded on orders of the king, who later blamed false charge ...
and Thomas Audley "did of their own heads add more words unto it" and therefore they were unable "by their own law ... to justify my imprisonment". Refusal to take the oath led to the arrests of Sir Thomas More, Bishop
John Fisher John Fisher (c. 19 October 1469 – 22 June 1535) was an English Catholic bishop, cardinal, and theologian. Fisher was also an academic and Chancellor of the University of Cambridge. He was canonized by Pope Pius XI. Fisher was executed by o ...
and John Houghton, O.Cart. under the
Treasons Act 1534 The Treasons Act 1534 ( 26 Hen. 8. c. 13) was an Act of the Parliament of England passed in 1534, during the reign of King Henry VIII. Background This Act was passed after the Act of Supremacy 1534, which made the king the " Only Head of the Ch ...
. They refused to take the oath because it included the abjuration of the
pope The pope ( la, papa, from el, πάππας, translit=pappas, 'father'), also known as supreme pontiff ( or ), Roman pontiff () or sovereign pontiff, is the bishop of Rome (or historically the patriarch of Rome), head of the worldwide Cathol ...
and claimed the marriage between King Henry VIII and
Catherine of Aragon Catherine of Aragon (also spelt as Katherine, ; 16 December 1485 – 7 January 1536) was Queen of England as the first wife of King Henry VIII from their marriage on 11 June 1509 until their annulment on 23 May 1533. She was previously ...
was annulled and it went against their
Catholic The Catholic Church, also known as the Roman Catholic Church, is the largest Christian church, with 1.3 billion baptized Catholics worldwide . It is among the world's oldest and largest international institutions, and has played a ...
beliefs. More, Fisher and Houghton were beheaded in 1535.


See also

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Succession to the British throne Succession to the British throne is determined by descent, gender, legitimacy and religion. Under common law, the Crown is inherited by a sovereign's children or by a childless sovereign's nearest collateral line. The Bill of Rights 1689 an ...
*
Alternative successions of the English and British crown British history provides several opportunities for alternative claimants to the English and later British Crown to arise, and historical scholars have on occasion traced to present times the heirs of those alternative claims. Throughout this artic ...


References

{{UK legislation English Reformation 1534 in law 1534 in England Acts of the Parliament of England (1485–1603) Oaths Anne Boleyn