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The Royal Assent by Commission Act 1541 (33 Hen 8 c 21) was an Act of 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 ...
, passed in 1542, which attained Queen
Catherine Howard Catherine Howard ( – 13 February 1542), also spelled Katheryn Howard, was Queen of England from 1540 until 1542 as the fifth wife of Henry VIII. She was the daughter of Lord Edmund Howard and Joyce Culpeper, a cousin to Anne Boleyn (the ...
for adultery, thereby authorising her
execution Capital punishment, also known as the death penalty, is the state-sanctioned practice of deliberately killing a person as a punishment for an actual or supposed crime, usually following an authorized, rule-governed process to conclude that t ...
. It also provided that all of Queen Catherine's assets were to be forfeited to
the Crown The Crown is the state in all its aspects within the jurisprudence of the Commonwealth realms and their subdivisions (such as the Crown Dependencies, overseas territories, provinces, or states). Legally ill-defined, the term has differen ...
while also creating a new method in which
Royal Assent Royal assent is the method by which a monarch formally approves an act of the legislature, either directly or through an official acting on the monarch's behalf. In some jurisdictions, royal assent is equivalent to promulgation, while in othe ...
could be granted to legislation. Queen Catherine was to be convicted by
bill of attainder A bill of attainder (also known as an act of attainder or writ of attainder or bill of penalties) is an act of a legislature declaring a person, or a group of people, guilty of some crime, and punishing them, often without a trial. As with attai ...
, rather than by ordinary prosecution in a court of law. However, until 1542 the Royal Assent could be granted only by the king in person, at a ceremony in which the whole text of the bill would be read aloud.
King Henry There have been many monarchs adopting the name "Henry". Years shown below are the regnal years. {{tocright Byzantine Empire * Henry of Flanders (1205–1216) (Latin Empire) Castile * Henry I of Castile * Henry II of Castile * Henry III of Cas ...
decided that "the repetition of so grievous a Story and the recital of so infamous a Crime" in his presence "might reopen a Wound already closing in the Royal Bosom". To avoid this, Parliament inserted a clause in the bill of attainder, which provided that the Royal Assent could be granted by commissioners appointed for the purpose, instead of by the king in person. Initially used sparingly, the new procedure gradually became used more often until it became the usual way. The last monarch to grant Royal Assent in person was
Queen Victoria Victoria (Alexandrina Victoria; 24 May 1819 – 22 January 1901) was Queen of the United Kingdom of Great Britain and Ireland from 20 June 1837 until her death in 1901. Her reign of 63 years and 216 days was longer than that of any previ ...
in 1854.Richardson, Jessica. "Modernisation of Royal Assent in Canada". ''Canadian Parliamentary Review''. The Act was repealed by section 2(2) of the Royal Assent Act 1967, which however preserved the Commissioners' role. This Act was repealed for the
Republic of Ireland Ireland ( ga, Éire ), also known as the Republic of Ireland (), is a country in north-western Europe consisting of 26 of the 32 Counties of Ireland, counties of the island of Ireland. The capital and largest city is Dublin, on the eastern ...
by section
2(1)
an

of, an

of Schedule 2 to the
Statute Law Revision Act 2007 The Statute Law Revision Act 2007 is an Act of the Oireachtas of the Republic of Ireland which repealed a large amount of pre-1922 legislation of Ireland, England, Great Britain and the United Kingdom while preserving a shorter list of statutes. ...
.


Other provisions

The 1541 Act was more than an act of attainder, however. It also made it
high treason Treason is the crime of attacking a state authority to which one owes allegiance. This typically includes acts such as participating in a war against one's native country, attempting to overthrow its government, spying on its military, its diplo ...
for any person who married the King (or his successors) to conceal from the monarch their previous sexual history. It became treason for any third party to conceal such knowledge for longer than 20 days after the marriage, or to incite another to have "carnal knowledge" of the queen consort, or of the wife of the monarch's son, or for the queen or princess to incite somebody to do so. These provisions were repealed by the
Treason Act 1547 The Treason Act 1547 (1 Ed. 6 c.12) was an Act of the Parliament of England. It is mainly notable for being the first instance of the rule that two witnesses are needed to prove a charge of treason, a rule which still exists today in the United ...
.1 Edw.6 c.12, s.2


See also

* Treason Act 1541 *
High treason in the United Kingdom Under the law of the United Kingdom, high treason is the crime of disloyalty to the Crown. Offences constituting high treason include plotting the murder of the sovereign; committing adultery with the sovereign's consort, with the sovereign's el ...


Notes


References


External links

*List of repeals in the Republic of Ireland from th
Irish Statute Book
{{UK legislation Constitutional laws of England Constitution of the United Kingdom Treason in England Acts of the Parliament of England (1485–1603) 1541 in law 1541 in England