Abstract

In 1460, when it had been suggested that the Duke of York’s claim to the English throne should be referred to the High Court of Parliament, the House of Lords had disclaimed any competence in so high a mystery of state.1 Two generations later, in 1525, when Henry VIII was struggling with the problem of the succession, and weighing the various possible options, such an adjudication did not even occur to him. But in 1534 there was passed ‘An Act for the establishment of the king’s succession’, to be followed by further similar Acts in 1537 and 1544, and in 1571 the second Treason Act of Elizabeth ‘virtually established parliamentary statute as the constitutional way to settle questions of succession’.2 Between 1525 and 1571 the English Crown had undergone a profound change, not only in its constitutional relationship with parliament, but also in the scope of its jurisdiction, both theoretical and practical.

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