"1. That the marriage between your Highness and the Lady Catherine, widow of the late Prince Arthur, be declared to have been from the beginning, null, the issue of it illegitimate, the separation pronounced by the Archbishop of Canterbury good and valid.
2. That the marriage with Queen Anne is good and sincere.
"2. That the marriage between your Highness and your most dear and entirely beloved wife, Queen Anne, be established and held good, and taken for undoubtful, true, sincere, and perfect, ever hereafter."[253]
That the issue of the king by Queen Anne shall succeed,
The act then assumed a general character, laying down a table of prohibited degrees, within which marriage might not under any pretence be in future contracted; and demanding that any marriage which might already exist within those degrees should be at once dissolved. After this provision, it again returned to the king, and fixed the order in which his children by Queen Anne were to succeed. The details of the regulations were minute and elaborate, and the rule to be observed was the same as that which exists at present. First, the sons were to succeed with their heirs; if sons failed, then the daughters, with their heirs. And, in conclusion, it was resolved, And that whoever by word or deed impugned the legitimacy of that issue, shall be held guilty of treason. that any person who should maliciously do anything by writing, printing, or other external act or deed to the peril of the king, or to the prejudice of his marriage with Queen Anne, or to the derogation of the issue of that marriage, should be held guilty of high treason; and whoever should speak against that marriage, should be held guilty of misprision of treason;—severe enactments, such as could not be justified at ordinary times, and such as, if the times had been ordinary, would not have been thought necessary; but the exigencies of the country could not tolerate an uncertainty of title in the heir to the crown; and the title could only be secured by prohibiting absolutely the discussion of dangerous questions.
The mere enactment of a statute, whatever penalties were attached to the violation of it, was still, however, an insufficient safeguard. The recent investigation had revealed a spirit of disloyalty, where such a spirit had not been expected. The deeper the inquiry had penetrated, the more clearly appeared tokens, if not of conspiracy, yet of excitement, of doubt, of agitation, of alienated feeling, if not of alienated act. All the symptoms were abroad which provide disaffection with its opportunity; and in the natural confusion which attended the revolt from the papacy, the obligations of duty, both political and religious, had become indefinite and contradictory, pointing in all directions, like the magnetic needle in a thunderstorm.
All persons, at the king's pleasure, liable to be called upon to swear to this act.
It was thought well, therefore, to vest a power in the crown, of trying the tempers of suspected persons, and examining them upon oath, as to their willingness to maintain the decision of parliament. This measure was a natural corollary of the statute, and depended for its justification on the extent of the danger to which the state was exposed. If a difference of opinion on the legitimacy of the king's children, or of the pope's power in England, was not dangerous, it was unjust to interfere with the natural liberty of speech or thought. If it was dangerous, and if the state had cause for supposing that opinions of the kind might spread in secret so long as no opportunity was offered for detecting their progress, to require the oath was a measure of reasonable self-defence, not permissible only, but in a high degree necessary and right.
A commission appointed to take the examination.
Under the impression, then, that the circumstances of the country demanded extraordinary precautions, a commission was appointed, consisting of the Archbishop of Canterbury, the Lord Chancellor, the Duke of Norfolk, and the Duke of Suffolk; and these four, or any three of them, were empowered to administer, at the pleasure of the king, "to all and singular liege subjects of the realm," the following oath:—