s of England. In this patent the
king employed his dispensing power, by setting aside the statute of
precedency enacted during the former reign.[*] But if Somerset gave
offence by assuming too much state, he deserves great praise on account
of the laws passed this session, by which the rigor of former statutes
was much mitigated, and some security given to the freedom of the
constitution. All laws were repealed which extended the crime of treason
beyond the statute of the twenty-fifth of Edward III.;[**] all laws
enacted during the late reign extending the crime of felony; all the
former laws against Lollardy or heresy, together with the statute of
the six articles. None were to be accused for words, but within a month
after they were spoken. By these repeals several of the most rigorous
laws that ever had passed in England were annulled; and some dawn, both
of civil and religious liberty, began to appear to the people. Heresy,
however, was still a capital crime by the common law, and was subjected
to the penalty of burning. Only there remained no precise standard by
which that crime could be defined or determined; a circumstance which
might either be advantageous or hurtful to public security, according to
the disposition of the judges.
A repeal also passed of that law, the destruction of all laws, by which
the king's proclamation was made of equal force with a statute.[***]
That other law, likewise, was mitigated, by which the king was empowered
to annul every statute passed before the four-and-twentieth year of his
age: he could prevent their future execution; but could not recall any
past effects which had ensued from them.[****]
* Rymer, vol. xv. p. 164.
** 1 Edward VI. c. 12.
*** 1 Edward VI. c. 2.
**** 1 Edward VI. c. 2.
It was also enacted, that all who denied the king's supremacy, or
asserted the pope's, should, for the first offence, forfeit their goods
and chattels, and suffer imprisonment during pleasure; for the second
offence, should incur the penalty of a "praemunire;" and for the third,
be attainted of treason. But if any, after the first of March ensuing,
endeavored, by writing, printing, or any overt act or deed, to deprive
the king of his estate or titles, particularly of his supremacy, or to
confer them on any other, he was to be adjudged guilty of treason. If
any of the heirs of the crown should usurp upon another, or endeavor to
break the order of succession, it was
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