Royal Assent by Commission Act 1541
Encyclopedia
The Royal Assent by Commission Act 1541 (33 Hen.8 c.21) was an Act
of the Parliament of England
, passed in 1542 to authorise the execution of Catherine Howard
for adultery. It also created a new way in which the Royal Assent
could be granted to legislation.
Queen Catherine was to be convicted by bill of attainder
, rather than by ordinary prosecution in a court of law. However, until 1542 the Royal Assent could only be granted by the king in person, at a ceremony in which the whole text of the bill would be read aloud. King Henry 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
in 1854.
The Act was repealed by the Royal Assent Act 1967, which however preserved the Commissioners' role.
for any person who married the King (or his successors) and concealed 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 These provisions were repealed by the Treason Act 1547
.
Act of Parliament
An Act of Parliament is a statute enacted as primary legislation by a national or sub-national parliament. In the Republic of Ireland the term Act of the Oireachtas is used, and in the United States the term Act of Congress is used.In Commonwealth countries, the term is used both in a narrow...
of the Parliament of England
Parliament of England
The Parliament of England was the legislature of the Kingdom of England. In 1066, William of Normandy introduced a feudal system, by which he sought the advice of a council of tenants-in-chief and ecclesiastics before making laws...
, passed in 1542 to authorise the execution of Catherine Howard
Catherine Howard
Catherine Howard , also spelled Katherine, Katheryn or Kathryn, was the fifth wife of Henry VIII of England, and sometimes known by his reference to her as his "rose without a thorn"....
for adultery. It also created a new way in which the Royal Assent
Royal Assent
The granting of royal assent refers to the method by which any constitutional monarch formally approves and promulgates an act of his or her nation's parliament, thus making it a law...
could be granted to legislation.
Queen Catherine was to be convicted by bill of attainder
Bill of attainder
A bill of attainder is an act of a legislature declaring a person or group of persons guilty of some crime and punishing them without benefit of a judicial trial.-English law:...
, rather than by ordinary prosecution in a court of law. However, until 1542 the Royal Assent could only be granted by the king in person, at a ceremony in which the whole text of the bill would be read aloud. King Henry 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 of the United Kingdom
Victoria was the monarch of the United Kingdom of Great Britain and Ireland from 20 June 1837 until her death. From 1 May 1876, she used the additional title of Empress of India....
in 1854.
The Act was repealed by the Royal Assent Act 1967, which however preserved the Commissioners' role.
Other provisions
The 1541 Act was more than an act of attainder, however. It also made it high treasonHigh treason
High treason is criminal disloyalty to one's government. Participating in a war against one's native country, attempting to overthrow its government, spying on its military, its diplomats, or its secret services for a hostile and foreign power, or attempting to kill its head of state are perhaps...
for any person who married the King (or his successors) and concealed 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
Treason Act 1547
The Treason Act 1547 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 States Constitution.-Abolition of new offences:During the reign of...
.