Whether the king was or was not head of the church, became now therefore the rallying point of the struggle; and the denial or acceptance of his title the test of allegiance or disloyalty. To accept it was to go along with the movement heartily and completely; to deny it was to admit the rival sovereignty of the pope, and with his sovereignty the lawfulness of the sentence of excommunication. It was to imply that Henry was not only not head of the church, but that he was no longer lawful King of England, and that the allegiance of the country must be transferred to the Princess Mary when the pope and the emperor should give the word. There might be no intention of treason; the motive of the opposition might be purely religious; but from the nature of the case opposition of any kind would abet the treason of others; and no honesty of meaning could render possible any longer a double loyalty to the crown and to the papacy.
The act conferring the title was in consequence followed by another, declaring the denial of it to be treason. It was necessary to stop the tongues of the noisy mutinous monks, to show them once for all that these high matters were no subjects for trifling. The oath to the succession of the Princess Elizabeth partially answered this purpose; and the obligation to take that oath had been extended to all classes of the king's subjects;[404] but to refuse to swear to the succession was misprision of treason only, not high treason; and the ecclesiastics (it had been seen) found no difficulty in swearing oaths which they did not mean to observe. The parliament therefore now attached to the statute of supremacy the following imperious corollary:--
[Sidenote: For the better security of the realm, it is enacted, That any person who, by words, writing, or otherwise, deprives the king or queen of any one of their just titles, shall be held guilty of high treason.]
"Forasmuch as it is most necessary, both for common policy and duty of subjects, above all things to prohibit, provide, restrain, and extinct all manner of shameful slanders, perils, or imminent danger or dangers, which might grow, happen, or arise to their sovereign lord the king, the queen, or their heirs, which, when they be heard, seen, or understood, cannot be but odible and also abhorred of all those sorts that be true and loving subjects, if in any point they may, do, or shall touch the king, the queen, their heirs or successors, upon which dependeth the whole unity and universal weal of this realm; without providing wherefore, too great a scope should be given to all cankered and traitorous hearts, willers and workers of the same; and also the king's loving subjects should not declare unto their sovereign lord now being, which unto them both hath been and is most entirely beloved and esteemed, their undoubted sincerity and truth: Be it therefore enacted, that if any person or persons, after the first day of February next coming, do maliciously wish, will, or desire, by words or writing, or by craft imagine, invent, practise, or attempt any bodily harm to be done or committed to the king's most royal person, the queen's, or their heirs apparent, or to _deprive them or any of them of the dignity, title, or name of their royal estates_, or slanderously and maliciously publish and pronounce by express writing or words that the king our sovereign lord should be heretic, schismatic, tyrant, infidel, or usurper of the crown, &c., &c., that all such persons, their aiders, counsellors, concertors, or abettors, being thereof lawfully convict according to the laws and customs of the realm, shall be adjudged traitors, and that every such offence in any of the premises shall be adjudged high treason."[405]