Abridgment of Ecclesiastical Laws, Treatise · Chapter 1
CHAP. I.
Of the Kings Supremacy.
1. A Deſcription thereof, or what it is.
2. The Eſtabliſhment thereof by Statute Laws.
3. The Oath of the Kings Supremacy; when firſt Enacted, the Cauſe thereof.
4. The King in his own Dominions, Dei Vicarius.
5. The King Supream Governour (under God) of the Church in England, &c.
6. Impugners of the Kings Supremacy how cenſured by the Canon.
7. In matters Eccleſiaſtical the King hath here the ſame power de jure, which the Pope formerly exerciſed by Uſurpation.
8. The Kings of this Realm anciently made their own Canons and Eccleſiaſtical Conſtitutions without the Popes Authority.
9. The King is Lex viva, in ſome caſes may diſpence with ſome Canons:
10. Proviſoes of ſome Statutes in right of the Kings Supremacy.
11. No Canons or Eccleſiaſtical Conſtitutions to be made, or to be of force to oblige the Subject without the Royal Aſſent.
12. The Regal Supremacy aſſerted by the Eccleſiaſtical Injunctions of King Ed. 6.
13. The ſame further aſſerted by other Eccleſ. Powers and Authorities.
14. The Regal Supremacy aſſerted in the Reign of Queen Elizabeth.
(1.) THis Eccleſiaſtical Abridgment begins with the Regal Supremacy, a Point which cannot be touch'd with too much tenderneſs; ſuch of the Church of Rome as queſtion the validity thereof, may be preſumed not to have conſulted that Learned Canoniſt of their own, Jo. Quintinus Hoedeus, where he ſays, That Nemini dubium, J…. Qaint Hoed. Repet. in c. Novit De Judic. nu. 145.quin in Primitiva Eccleſia de rebus & Perſonis Eccleſiaſticis Principes jus dixerint. The Emperours were all Secular Princes, who by thoſe Laws which they eſtabliſhed touching Perſons and Things Eccleſiaſtical, proclaimed to all the world their Supremacy therein: The Thirteen firſt Titles of the Firſt Book of the Emperour Juſtinian's Code, being the Conſtitutions of divers Emperours, do treat and judge of Things and Perſons meerly Eccleſiaſtical; yea, the Emperours Areadius and Honorius ejected a Biſhop as well out of his Title of Eccleſiaſtical Dignity as out of his Epiſcopal See, and commanded him to be Baniſhed for diſturbing the publick Peace. l. quicunque, C. de Epiſc. & Cleric. By this word [Supremacy] is here underſtood, that undoubted Right and ancient Juriſdiction over the State Eccleſiaſtical within theſe his Majeſties Realms and Dominions (with the aboliſhing of all Forein and Uſurped Power repugnant to the ſame) which the Laws and Statutes have reſtored to the Crown of this Kingdom, and now inveſted in the King, as the Higheſt Power under God within theſe his Majeſties Realms and Dominions, unto whom all perſons within the ſame, in all Cauſes and Matters, as well Eccleſiaſtical as Temporal, do owe their Loyalty and Obedience, before and above all other Powers and Potentates on Earth whatever.
(2.) By the Injunctions of King Ed. 6. to the Clergy, all perſons Eccleſiaſtical having cure of Souls,Vid. B. Spar. Collect. Edit. 1675. were Four times a year to preach in vindication of the Kings Supremacy, and in oppoſition to the uſurped power of the Biſhop of Rome in this Kingdom. There were divers Laws made in the time of King H. 8. for the extinguiſhment of all Forein Power, and for the reſtoring unto the Crown of this Realm the Ancient Rights and Juriſdictions of the ſame; which is the ſubſtance of the Preamble of the Statute of 1 Eliz. cap. 1. The expreſs Letter and meaning whereof is, as Sir Edward Coke obſervesaCo. Inſt. p. 4. c. 74. to reſtore and unite to the Crown the Ancient Juriſdiction Spiritual or Eccleſiaſtical, where (as he ſays) the Firſt clauſe of the Body of the Act, being to let in the Reſtitution of the Ancient Right and Juriſdiction Eccleſiaſtical within the Realm, doth aboliſh all Forein Juriſdiction out of the Realm. And then followeth the principal Clauſe of Reſtitution and Uniting of the ancient Juriſdiction Eccleſiaſtical, being the main purpoſe of the Act, in theſe words, viz. Be it Enacted, That ſuch Juriſdiction Spiritual or Eccleſiaſtical, as by any Spiritual Power or Authority hath heretofore been, or lawfully may be exerciſed or uſed for the viſitation of the Eccleſiaſtical State and Perſons, and for-Reformation, Order, and Correction of the ſame, and of all manner of Errors, Hereſies, Schiſms, Abuſes, Offences, Contempts and Enormities, ſhall for ever by Authority of this Parliament, be united and annexed to the Imperial Crown of this Realm. This Act by a former Clauſe thereof doth Repeal the Statute of 1 and 2 Ph. & Ma. c. 8. whereby the Acts of 26 H. 8. c. 1. and 35 H. 8. c. 3. were repealed; ſo that the Act of Repeal being repealed, the ſaid Acts of H. 8. were implicitely revived, whereby it is declared and enacted, That the King, his Heirs and Succeſſors, ſhould be taken and accepted the only Supream Head in Earth of the Church of England, and ſhould have and enjoy, annexed to the Imperial Crown of this Realm, as well the Title and ſtyle thereof, as all Honours, Dignities, Prebeminencies, Juriſdictions, &c. to the ſaid dignity of Supream Head belonging, &c. By which Style, Title and Dignity the King hath all Eccleſiaſtical Juriſdiction whateverbCo. ibid.; And by which Statute the Crown was but remitted and reſtored to its Ancient Juriſdiction, which had been formerly uſurped by the Biſhop of Rome cDavis 1. Proxies 4.. And this is that Supremacy which is here meant and intended.
(3.) The ſaid Statute of 1 Eliz. c. 1. doth not only repeal the ſaid Stat. of 1, and 2 P. & M. c. 8. but it is alſo a reviver of divers Acts aſſerting ſeveral branches of the Kings Supremacy, and re-eſtabliſhing the ſame; it doth likewiſe not only aboliſh all Forreign Authority, but alſo annex the Eccleſiaſtical Juriſdiction to the Crown of this Realm,By vertue hereof were the Letters Patent of the High Commiſſion-Court. with power to aſſign Commiſſioners for the exerciſe of Eccleſiaſtical Juriſdiction: And then further Enacts to this effect, viz. That all Eccleſiaſtical perſons of what degree ſoever, and all and every Temporal Judge, Juſtice, Mayor, or other Lay or Temporal Officer or Miniſter, and every other perſon having Fees or wages from the Crown, within this Realm or the Dominions thereof, ſhall upon his Corporal Oath teſtifie and declare in his Conſcience, That the Kings Majeſty is the only Supream Governour of this Realm, and of all other his Majeſties Dominions and Countries, as well in all Spiritual or Eccleſiaſtical things or cauſes, as Temporal; And that no Forreign Prince. Perſon, Prelate, State or Potentate hath or ought to have any Juriſdiction, power, ſuperiority, preheminence or authority, Eccleſiaſtical or Spiritual, within this Realm; And therefore doth utterly renounce and forſake all Forreign Juriſdictions, powers, ſuperiorities and authorities; and doth promiſe that from henceforth be ſhall bear Faith and true Allegiance to the Kings Majeſty, his Heirs and lawful Succeſſors, and to his power ſhall aſſiſt and defend all Juriſdictions, priviledges, preheminencies and authorities granted or belonging to the Kings Majeſty, his Heirs and Succeſſors, or united or annexed to the Imperial Crown of this Realm. The practices of the Romaniſts in the 4th year of Queen Elizabeth, and the danger thereby threatning both the Queen and State, occaſioned her to call a Parliament 12. Jan. An. 156 2/3, which paſſed an Act For aſſurance of the Queens Royal power over all Eſtates and Subjects within her Dominions. By which Statute was enacted The Oath of Supremacy; as alſo what perſons were obliged to take it, and who ſhould have power to adminiſter the ſame: And this was both the original and the cauſe of that Oath. By the ſaid Statute of 1 El. c. 1. appears alſo what the penalty is for refuſing to take the ſaid Oath; as alſo the penalty of maintaining a Forreign Authority, as likewiſe what other perſons than the fore-mentioned ſhall be obliged to take the ſaid Oath; which was afterwards again further ratified and eſtabliſhed by the Statute of 5 Eliz. c. 1.
(4.) The King within his own Territories and Dominions, is (according to Bracton) Dei Vicarius tam in Spiritualibus quam Temporalibus dBract. de Leg. & Conſue…ud. Angl.And in the Eccleſiaſtical Laws of Edward the Confeſſor the King is ſtyled, Vicarius ſummi Regis, & Reges regunt Eccleſiam Dei, in immediate ſubordination to GodeLeg. Eccl. Ed. C…nf. a. 15. Spelm. Conc.: Yea the Pope himſelf, Eleutherius, An. 169. ſtyled King Lueius, Dei Vicarius in Regno ſuofSpelm. ib.
(5.) The Supremacy which heretofore the Pope did uſurp in this Kingdom, was in the Crown originally, to which it is now legally reverted. The Kings Supremacy in and over all Perſons and Cauſes Eccleſiaſtical, within his own Dominions, is eſſentially inherent in him; ſo that all ſuch Authority as the Pope here once uſurped, claiming as Supream Head, did originally and legally belong to the Crown, and is now re-united to it by ſeveral Statutes as aforeſaidg26 H. 8. 1. 1 El. 1. 5. El. 1. vid. C…. Inſtit. p. 4. c. 74.. On this Supremacy of the King, as Supream Head, Sr. Edward Coke grounds the power of granting a Commiſſion of Review after a Definitive Sentence in the Delegates hCe. ubi ſup. de Com. ad Revid.; for one Reaſon that he gives, is, becauſe after a Definitive Sentence the Pope, as Supream Head by the Canon Law, uſed to grant a Commiſſion Ad Revidendum: And ſuch Authority as the Pope had, claiming as Supream Head, doth of right belong to the Crown; Quia ſicut Fontes communicant aquas fluminibus cumulative, non privitive: ſic Rex ſubditis ſuis Juriſdictionem communicat in Cauſis Eccleſiaſticis (vigore Statuti in hujuſmodi Caſu editi) cumulative, non privitive iCe. ibid..
By the Second Canon of the Eccleſiaſtical Conſtitutions of the Church of England it is ordained,Edit. An. 1603. That whoever ſhall affirm, that the Kings Majeſty hath not the ſame Authority in Cauſes Eccleſiaſtical, that the godly Kings had among the Jews and Chriſtian Emperors in the Primitive Church, or impeach in any part his Regal Supremacy in the ſaid Caſes reſtored to the Crown, and by the Laws of this Realm therein eſtabliſhed, ſhall be Excommunicated ipſo facto, and not be reſtored but only by the Archbiſhop after his repentance and publick revocation of thoſe his wicked Errors.
(7.) The King being next under God Supream Governour of the Church of England, may Qua talis redreſs as he ſhall ſee cauſe, in all matters of Spiritual and Eccleſiaſtical Juriſdiction for the conſervation of the Peace and Tranquillity of his RealmskVid. Stat, ſupradict.. The Pope, as appears by the Stat. of 25 H. 8. c. 21. claimed full power to diſpenſe with all human Laws of all Realms in all Cauſes, which he called Spiritual: Now the King as Supream hath the ſame power in himſelf within his own Realms legally, which the Pope claimed and exerciſed by Uſurpation. Eadem praeſumitur mens Regis, quae eſt Juris. The Kings immediate, perſonal, ordinary, inherent power, which he executes or may execute Authoritate Regia ſuprema Eccleſiaſtica, as King and Supream Governour of the Church of England, is one of theſe Flowers qui faciunt Coronam lColt and Glover againſt the Biſhop of Covent…y and Lichfield. Hob. Rep.. Nor is the Kings immediate power reſtrained by ſuch Statutes as authorize inferiour perſons: The Lord Chief Juſtice Hobart aſſerts, That although the Stat. of 25 H. 8. 21. doth ſay, That all Diſpenſations, &c. ſhall be granted in manner and form following, and not otherwiſe, yet the King is not thereby reſtrained, but his power remains full and perfect as before, and he may ſtill grant them as King, for that all Acts of Grace and Juſtice flow from himmIbid.. By the Eighth Canon Concilii Calchuthenſis held under Pope Adrian the Firſt,Concil. Calchuth. c. 8. Spelm. An. 787. the Pope had power to grant what Immunities and Priviledges he pleaſed in Church-matters, and they were by the ſaid Canon to be duly obſerved: Whatever Authority the Pope pretended to in this Kingdom in ſuch matters by way of Uſurpation, the ſame may the King, as Supream Governour of the Church next under God in his own Dominions, uſe and lawfully exerciſe by his Regal Authority, ex juſta plenitudine Poteſtatis ſuae. Likewiſe Pope Agathon, An. 680. in Concilio Romano-Britannico, exerciſed his Papal Authority, in the time of Lotharius King of Kent, not only touching the Reformation of Errors and Hereſies then in this Church, but alſo as to the compoſure of differences and diſſentions that then were among the Clergy of this Realm. Such Preſidents of the uſurped power of the Papal See exerciſed in this Kingdom, are now of no further uſe, than to illuſtrate or exemplifie the Legal power inherent in the Kings of this Realm in ſuch matters of Eccleſiaſtical Juriſdiction; for the moſt High and Sacred Order of Kings being of Divine Right, it follows that all perſons of what eſtate ſoever, and all Cauſes of what quality ſoever, whether Eccleſiaſtical or Civil, within his Majeſties Realms and Dominions, are ſubordinated to the Power and Authority of the King as Supream. It is not only acknowledged, but alſo conſtituted by way of an Eccleſiaſtical Canon,Can. 1. of the Synod held at London. An. 1640. That the power of Calling and Diſſolving Councils both National and Provincial, is the true Right of all Chriſtian Kings within their own Realms and Territories.
(8.) The Eccleſiaſtical Legiſlative power was ever in the Kings of this Realm within their own Dominions; That in Ancient times they made their own Eccleſiaſtical Laws, Canons and Conſtitutions, appears by ſeveral Preſidents and Records of very great Antiquity, which were received and obſerved within their own Territories without any Ratification from any Forreign power. One inſtance (among many) may be given of the Eccleſiaſtical Laws of Alured Mag. Regis Anglorum, An. 887. This they did de jure, by virtue of their own inherent Supremacy. And therefore when Pope Nicholas the Second, An. 1066. in the Bull, wherein he ordained Weſtminſter to be the place for the Conſecration of Kings, gave power to Edward the Confeſſor and his Succeſſors, to conſtitute ſuch Laws in the Church, as he ſhould think fit, he gave him therein no more than was his own before: For the Kings of England might ordain or repeal what Canons they thought fit within their own Dominions in right of their Regal Supremacy, the ſame being inherent in them Jure Divino, non Papali. For we find that in King AEtheldreds days, An. 1009. in Concilio AEnhamenſi Generali, the Canons then made, and afterwards cauſed by King Kanutus to be Tranſcribed, were called the Kings Canons, not the Biſhops; En hujus Concilii Canones, quos in ſuas Leges paſſim tranſcripſit Rex Canutus, Malmsburius AEtheldredo Regi, non Epiſcopis, tribuit. And the Peers of this Realm per Synodum Landavenſem were unexcommunicable, Circa An. 560.niſi prius Conſulto Rege, aut ejus praecepto. Which is a plain demonſtration, That the Kings of England Anciently had the Supremacy and ſuperintendent Eccleſiaſtical power and Juriſdiction inherent in themſelves excluſively to all other, either home or Forreign powers whatever.
(9.) It is by good Authority aſſerted, That the King as Supream, is himſelf inſtead of the whole Law, yea, that he is the Law it ſelf, and the only chief Interpreter thereof, as in whoſe Breaſt reſides the whole knowledge of the ſame; And that his Majeſty by communicating his Authority to his Judge to expound the Laws, doth not thereby abdicate the ſame from himſelf, but that he may aſſume it again unto him, when and as oft as he pleaſes. Dr. Ridl. View, p. 2. c. 1. Sect. 7. Conſonant whereunto is that which Borellus hath, Principum Placita Legis habent vigorem, & eatenus vim Legis obtinebunt, quatenus fuerint cum honeſtate conjuncta. Borel. de Magiſt. Edict. l. 2. c. 4. & Roland, à Val. Conſ. 91. nu. 54. vo. 2. And Suarez tells us, That Princeps eſt Lex viva, & reipſa praecipit, ut Lex per ſcripturam. Of which Opinion alſo is Alexander, Imola, and many others. Suar. Alleg. 9. nu. 13. The grant of Diſpenſations is a peculiar and very conſiderable part of Eccleſiaſtical Juriſdiction, the which is eminently in the Crown; and by the Stat. of 25 H. 8. the Archbiſhop of Canterbury may grant Diſpenſations: Archiepiſcopus poſſit diſpenſare contra Statutum Provinciale per ſe editum; Et qui poteſt jus condere, poteſt illud tollere. Lindw. de Cler. Conju. c. 2. gl. ult. Extr. de Elect. c. Significaſti, &c. Intonuit. And in another place, Epiſcopus in quibuſdam Caſibus Diſpenſare poteſt contra Canones. Conſt. Otho. de Concu. Cler. gl. ver. Meritis.
10. The Laws and Statutes of this Realm have been tender of the Kings Supremacy ever ſince the Forreign power over the State Eccleſiaſtical was aboliſhed; In the Statute of 13 Car. 2. cap. 12. there is a Proviſo, That nothing in the ſaid Act ſhall extend to abridge or diminiſh the Kings Majeſties Supremacy in Eccleſiaſtical matters and affairs. And in the Stat. of 22 Car. 2. cap. 1. there is a Proviſo, That, not any thing therein contained ſhall extend to invalidate or avoid his Majeſties Supremacy in Eccleſiaſtical affairs; but that his Majeſty, his Heirs and Succeſſors, may from time to time, and at all times hereafter, exerciſe and enjoy all Powers and Authority in Eccleſiaſtical affairs, as fully and amply as any of his Predeceſſors have or might have done.
11. As no Convocations for Eccleſiaſtical Conſtitutions, or for correction or reformation of Abuſes in the Church, can be Conven'd without his Majeſties Writ for that end and purpoſe: ſo being Conven'd, no Canons or Conſtitutions that ſhall then be agreed on, can have any effect in Law, or be in force to oblige any of his Majeſties Subjects until his conſent thereunto be firſt had and obtained, and until they ſhall have the power of Eccleſiaſtical Laws by being ratified and confirmed by the Supream Authority. Therefore the Archbiſhop of Canterbury may not hold a Council for his Province without the Kings leave;Never uſed to be held but by Sovereign permittance. Hoveden. for when ſuch Council was held by Hubert Archbiſhop of Canterbury, it was prohibited by Fitz-Peter Chief Juſtice, for that he had not the Kings Licenſe therein, but he would not obeynSpeed 538, 12. And 13 E. 3. Rot. Parl. M. 1. there was a Writ for a Convocation of the Clergy of the Province of Canterbury and Pauls; And another for the other of York, vid. Stat. 25 H. 8. c. 19. where the Clergy of England acknowledge that the Convocations of the ſame Clergy are, and always have been and ought to be aſſembled only by the Kings Writ.Roll. Abridg. verb. Preregative, Lit. X. The Convocation is under the power and Authority of the King. 21 E. 3. 45. b.
(12.) After the Reign of King H. 8. this Supremacy in the Crown was ſignally exerciſed by King Ed. 6. ſtyling himſelf, Supream Head (under Chriſt) of the Church of England and Ireland, in the Preface of his Injunctions, given as well to all the Clergy as Laity of this Realm; the Cloſe whereof is as followeth, viz. All which ſingular Injunctions the Kings Majeſty miniſtreth unto his Clergy and their Succeſſors, and to all his loving Subjects; ſtraitly charging and commanding them to obſerve and keep the ſame, upon pain of Deprivation, Sequeſtration of Fruits or Benefices, Suſpenſion, Excommunication, and ſuch other Coercion, as to Ordinaries or others, having Eccleſiaſtical Juriſdiction, whom his Majeſty hath appointed for the due execution of the ſame,Vid. the Injunctions in Biſhop Sparrows Collect. of Articles. ſhall be ſeen convenient: Charging and commanding them to ſee theſe Injunctions obſerved and kept of all perſons, being under their Juriſdiction, as they will anſwer to his Majeſty for the contrary; And his Majeſties pleaſure is, That every Juſtice of Peace (being required) ſhall aſſiſt the Ordinaries and every of them for the due execution of the ſaid Injunctions.
(14.) The Three firſt Articles to be enquired of at the Viſitations within the Province of Canterbury in the ſecond year of the Reign of the ſaid King Edward the Sixth, were as followeth, viz. (1.) Whether Parſons, Vicars and Curates, and every of them have purely and ſincerely, without colour or diſſimulation, four times in the year at the leaſt, preached againſt the Uſurped power, pretended Authority and Juriſdiction of the Biſhop of Rome? (2.) Whether they have preached and declared likewiſe four times in the year at leaſt, that the Kings Majeſties power, authority and preheminence, within his Realms and Dominions, is the higheſt power under God? (3.) Whether any perſon hath by writing, cyphring, preaching or teaching, deed or act obſtinately holden, and ſtand with to extol, ſet-forth, maintain or defend the authority, juriſdiction or power of the Biſhop of Rome, or of his See heretofore claimed and uſurped,Biſhop Sparrow's Collect. ubi. ſupr. p. 25. or by any pretence, obſtinately or maliciouſly, invented any thing for the extolling of the ſame, or any part thereof? Likewiſe by the Articles of Religion, agreed on by the Convocation held in London, and publiſhed An. 1553. by the Authority of King Ed. 6. it is declared, That the King of England is Supream Head in Earth next under Chriſt of the Church of England, &c. and that the Biſhop of Rome hath no Juriſdiction in this Realm. Art. 37.The like you have in the Articles of Religion agreed on by the Archbiſhops and Biſhops of both Provinces, and the whole Clergy, in the Convocation held in London, An. 1562. and publiſhed by the Authority of Queen Elizabeth, That the Queens Majeſty hath the chief Power in this Realm of England, and other her Dominions, unto whom the chief Government of all Eſtates of this Realm, whether they be Eccleſiaſtical or Civil, in all Cauſes doth appertain, and is not, nor ought to be ſubject to any Forreign Juriſdiction. Which Articles (being the Articles of the Church of England) were afterwards ratified and confirmed by his Majeſty, King CHARLES I. of ever Bleſſed Memory, by his Royal Declaration thereunto prefixed, in which Declaration you have as followeth, viz. That we are Supream Governour of the Church of England, and that if any difference riſe about the External Policy, concerning the Injunctions, Canons, or other Conſtitutions whatſoever thereto belonging, the Clergy in their Convocation is to order and ſettle them, having firſt obtained leave under our Broad Seal ſo to do: and We approving their ſaid Ordinances and Conſtitutions, provided that none b… made contrary to the Laws and Cuſtomes of the Land. Likewiſe in the firſt of the aforeſaid Injunctions of King Ed. 6. as alſo in the firſt of the Injunctions given by Q. Elizabeth, concerning both the Clergy and Laity of this Realm, publiſhed Ann. 1559. being the firſt year of her Reign, it is enjoyned, That all Deans, Archdeacons, Parſons, Vicars, and all other Eccleſiaſtical perſons, ſhall faithfully keep and obſerve, &c. all and ſingular Laws and Statutes made for the reſtoring to the Crown, the ancient Juriſdiction over the State Eccleſiaſtical, and aboliſhing of all Forreign power repugnant to the ſame, &c. By the Statute of 25 H. 8. c. 19. Appeals to Rome are prohibited; and it is Ordained, that in default of Juſtice in any of the Courts of the Archbiſhops of this Realm, it ſhall be lawful to appeal to the King in his Court of Chancery, and thereupon a Commiſſion ſhall be granted, &c. And by a Proviſo towards the end of that Statute an Appeal is given to the King in Chancery upon Sentences in places exempt, in the ſame manner as was before uſed to the See of Rome. And as by the ſaid Statute there may be an Appeal to the King in Chancery, Vid. Roll. Abr. ver. Prerogativ. Lit. G. 232.when the Suit is in the Archbiſhops Court, or ſome Peculiar exempt: ſo in ſome Caſes the Appeal may be to the King generally, as he is Supream Head of all Eccleſiaſtical Juriſdiction within the Realm; for by the Statutes made in the time of King Hen. 8. the Crown was only remitted and reſtored to its Ancient Juriſdiction, which had been uſurped by the Biſhop of Rome: 33 Ed. 3. Fitz. Aid del Roy 103. Reges ſacro oleo uncti Spiritualis Juriſdictionis ſunt capaces. Rex eſt Mixta perſona cum Sacerdote. Et cauſa Spiritualis Committi poteſt Principi Laico. Caſſan. in Catal. glo. mund. p. 5. Conſid. 24. The King of England, &c. is Perſona Sacra & mixta cum Sacerdote, and at his Coronation, by a ſolemn Conſecration and Unction becomes a Spiritual perſon, Sacred and Eccleſiaſtical, and then hath tam Veſtem Dalmaticam, as an emblem of his Royal Prieſthood, quam Coronam Regni in reſpect of his Regal power in Temporals, and is Supream Governour in all Cauſes and over all Perſons, as well Eccleſiaſtical as Civil. The King is Supream Ordinary by the Ancient Common Law of England, before the Statute of 24 H. 8. cap. 12. for a Reſignation might be made to hima19 El. 40. 8.; he might make a Grant of a Church to a man to hold to his own proper uſe;b7 E. 3. Fitz. Q. Imp. 19. vid. 29 E. 3. 9. he might not only exempt any Eccleſiaſtical perſon out of the Juriſdiction of the Ordinary, c1 H. 7. 23.but alſo give him Epiſcopal Juriſdiction; he might Preſent to Free Chappels (in default of the Dean) by Lapſe, and that as Ordinary, and in reſpect of his Supream Eccleſiaſtical Juriſdiction; d27 E. 3. 84. F. N. B. 34. f.he might diſpenſe with one not lawfully born, to be a Prieſt, e11 H. 7. 12.albeit the Eccleſiaſtical Laws allowed within this Realm do prohibite it; but the reaſon is, for that it is not Malum in ſe, but Malum prohibitum. In a word, All that the Pope was wont to do in ſuch caſes within this Realm, as Proviſions,f19 E. 3. Fitz. Quare non admiſit, 7. vid. Stat. 25. E. 3. De Proviſcribus. Appeals to Rome, gVid. Preamble of the Stat. of 24 H. 8. c. 12.holding Plea of Spiritual things thence ariſingh9 E. 4. 3. F. N. B. 44. h., Excommunications by his Bullsi3… Aſſ. pl. 19., and the like, were no other than Uſurpations and Encroachments on the Dignity and Prerogative Royal.
(14.) In the Reign of King H. 8. An. 1539. the Abbots of Colcheſter, Reading, and Glaſtenbury, were condemned and executed under colour (ſo the Author expreſſes it) of denying the Kings Supremacy; and their rich Abbies ſeized on, as Confiſcations to the uſe of the King kDr. Heylins Hiſt. Eccl. Reſtaurat. p. 10.: But when the Act of Supremacy came to be debated in the time of Queen Elizabeth, it ſeemed a thing ſtrange in Nature and Polity, That a Woman ſhould be declared to be the Supream Head on Earth of the Church of England; but the Reformed party not ſo much contending about Words and Phraſes, as aiming to ouſt the Pope of all Authority within theſe Dominions, fixed the Supream power over all Perſons and Eſtates, of what rank ſoever, in the Crown Imperial, not by the Name of Supream Head, but tantamount, of the Supream Governeſs. In Queen Mary's time there was an Act of Parliament made▪ declaring, That the Regal power was in the Queens Majeſty as fully as it had been in any of her Predeceſſors. In the body whereof it is expreſſed and declared, That the Law of the Realm is, and ever hath been, and ought to be underſtood, That the Kingly or Regal Office of the Realm, and al… Dignities, Prerogatives Royal, Power, Preheminences, Priviledges, Authorities and Juriſdictions thereunto annexed, united or belonging, being inveſted either in Male or Female, are, be, and ought to be, as fully, wholly, abſolutely and entirely deemed, adjudged, accepted, inveſted and taken in the one as in the other. So that whatſoever Statute or Law doth limit or appoint, that the King of this Realm may, or ſhall have, execute and do, any thing as King, &c. the ſame the Queen (being Supream Governeſs, Poſſeſſor and Inheritor to the Imperial Crown of this Realm) may by the ſame power have and execute, to al… intents, conſtructions and purpoſes, without doubt, ambiguity▪ queſtion or ſcruple; any Cuſtome, uſe, or any other thing to the contrary notwithſtanding. By the tenor of which Act made in Queen Mary's Reign is granted to Queen Elizabeth as much Authority in all the Church-Concernments, as had been e…erciſed and enjoyed by King H. 8. and King Ed. 6. according to any Act or Acts of Parliament in their ſeveral times. Which Acts of Parliament (as our learned Lawyers on theſe occaſions have declared) were not to be conſidered as Introductory of a new power, which was not in the Crown before, but only Declaratory of an old, which naturally belonged to all Chriſtian Princes, and amongſt others to the Kings and Queens of the Realm of England. And whereas ſome Seditious perſons had diſperſed a rumour, that by the Act for recognizing the Queens Supremacy, there was ſomething further aſcribed unto the Queen, her Heirs and Succeſſors, (viz.) a power of adminiſtring Divine Service in the Church; which neither by any equity or true ſenſe of the words could from thence be gathered, ſhe thereupon makes a Declaration to all her Subjects, That nothing was, or could be meant or intended by the ſaid Act, than was acknowledged to be due to King H. 8. and King Ed. 6. And further declared, That ſhe neither doth nor will challenge any other Authority by the ſame, than was challenged and lately uſed by the ſaid Two Kings, and was of Ancient time due unto the Imperial Crown of this Realm, that is, under God to have the Sovereignty and Rule over all perſons born within her Realms and Dominions, of what eſtate (either Eccleſiaſtical or Temporal) ſoever they be, ſo as no other Forreign Power ſhall, or ought to have any Superiority over them. Which Declaration publiſhed in the Queens Injunctions, An. 1559. not giving that general ſatisfaction to that groundleſs Cavil as was expected and intended; the Biſhops and Clergy in their Convocation of the year 1562. by the Queens Authority and Conſent, declared more plainly, viz. That they gave not to their Princeſs by vertue of the ſaid Act or otherwiſe, either the miniſtring of Gods Word or Sacraments; but that only Prerogative which they ſaw to have been given always to all godly Princes in holy Scripture by God himſelf; that is to ſay, that they ſhould Rule all Eſtates and Degrees committed to their charge by God, whether they be Eccleſiaſtical or Temporal, and reſtrain with the Civil Sword the ſtubborn and evil doers. And laſtly, to conclude this tender point, There is in the ſaid Act, for the better exerciſing and enjoying of the Juriſdiction thus recognized to the Crown, an Oath (as aforeſaid) for the acknowledgment and defence of this Supremacy, not only in the Queen, but alſo her Heirs and Succeſſors. Likewiſe a power given to the Queen, her Heirs and Succeſſors, by Letters Patents under the Great Seal of England, To Aſſign and Authorize, &c. as ſhe and they ſhall think fit, ſuch Perſons being natural born Subjects, to exerciſe, uſe and occupy under her and them, all manner of Juriſdictions, Priviledges and Preheminencies in any wiſe, touching or concerning any Spiritual or Eccleſiaſtical Juriſdiction within the Realms of England and Ireland, or any other her Highneſs Dominions or Countries, and to viſit, reform, repreſs, order, correct and amend all ſuch Errors, Hereſies, Schiſms, Abuſes, Offences, Contempts and Enormities whatſoever, which by any manner of Spiritual or Eccleſiaſtical Power, Authority or Juriſdiction, or can or may lawfully be reformed, ordered, redreſſed, corrected, reſtrained or amended to the pleaſure of Almighty God,Hactenus Dr. Heylin ubi ſupra, p. 280, 281, 282. &c. This was the Foundation of the High-Commiſſion Court, and from hence iſſued that Commiſſion, by which the Queens Miniſters proceeded in their Viſitation, in the Firſt year of her Majeſties Reign.