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CH A P. V.
Of the King's Supremacy.
Right of the Crown fo guarded with Arti. cles, Canons and Statutes, as The King's Supremacy in all Caufes, and over all Perfons, as well Ecclefiaftical as Civil.
See Artic. 37 Can. 1, 2. Stat. 25 Hen. VIII. C. 19, 20, 21, 1 Eliz. 1, &c. Queen Elizabeth, in her Injun&ions, 1559, explains the Meaning of this Supremacy or Headship; that is, under God to bave the Sovereignty and Rule of all Persons Born within ber Realms and Dominions, of what Estate (either Ecclefiaftical or Temporal) soever tbey be; so as no otber Foreign Power shall, or ought to have any Superiority over ther.
This Supremacy chiefly consists in these following Particulars, viz.
1. In that the Archbishops of either Province cannot fummon their Bishops and Clergy to Convocation, nor enact any Canons without the King's express Confent; by Stat. 25 Hen. VIII. c.19. Whereas, before the making that Act, the Convocation was often callid, and Laws were by it made, for the Governing of the Church, without any Authority from the Crown.
The Court of Delegates.
2. In that there lies an Appeal from the Archbifhop, to the King, in Chancery; and upon fuch Appeala Commission under the Great Seal is to be directed to certain Persons, whereof commonly half are of the Clergy, half of the Laity, which is called the Court of Delegates, and which finally determines all Ecclefiaftical Caxfes, by Stat. 25 Hen. VIII. c. 19. Sometimes a Review is granted. Whereas, before that Statute, the Appeal from the Archbishop's Court lay to the Pope only.
3. The King can grant Commission for Vifit. ing such Places as are exempt from the Juris. dičtion of the Billiops and Archbishops ; and an Appeal lies from Courts in fuch Places, to the King, in Chancery ; whereas, before this Act, the Pope only could Visit them, and receive Appeals from these Courts.
4. They that are in Holy Orders now, and ever since the Statute 28 H.8.c, I. are no more exempt from the King's Temporal Laws, than the Laity: Whereas in antient Times, a Clergy, man, tho'convict of Murder, Felony, &c.could not be sentenced or executed by the Temporal Judges or Officers; but was delivered to his Or. dinary, and by him committed to Prison, and after some time admitted to a Compurgation; by which means he was generally acquitted: But if the Crime were very notorious, or the Criminal very fcandalous indeed, he was kept in the Prison of the Bishop, or of some Monastery, where, it was pretended, he did Penance,
in Bread, and Pulse, and Water, during the remainder of his Life. In after-times, if the Clerk, convi& in a Temporal Court, could not purge himself of the Crime to his Ordinary, he was degraded, and then, as a Layman delivered over to fúffer the Law by the Secular Power. Afterwards, a Layman that could read, was in some cases allow'd the fame Benefit, as if he had been in Holy Orders. This Privilege which was one of those for which Becket lost his Life, was lessen'd very much in Hen. VII's Time, and in Hen. VIII's in effect taken away.
5. Now the Bishops and Clergy neither swear, nor pay any Obedience to the Pope: Whereas till the Reign of Hen. VIII. all Bishops, Abbotsg &c. took an Oath of Obedience to the Pope ; and all the Clergy, both Regular and Secular, to them. And it was a prevailing Doctrine, That if the Commands of the Pope and the Prince were contradictory, they ought to obey.tke Pope rather than the Prince : But now, both Prelates, and other Clergy
men are entirely the King's Subjects, and so (i dare say) they desire to continue.
Farther, The King has several Prerogatives in Church-Matters, viz.
1. His Majesty is Patron of all the Bishopricks and Deanries, and of most of the great Prebends ; but the + Earl of Derby is Patron of
The Earl of Derby nominates the Bishop of Man; but the Archbishop of York does not cona fecrate bim, till the Broad-Seal for the King's Consent be produced.
the Bishoprick of the Isle of Man; and the Dean. ry of St. Afaph is in the Gift of the Bishop.
2. The King, by his Prerogative, has a Right to the Revenues of all vacant Bishopricks; and farther, Presents to all Dignities and Benefices that are in the Gift of those Sees, that become vacant, between the Death of the former Bishop, and the Confecration of the next; and likewife, to all that were vacant before the Death of the former Bishop, and not filled by the Indu&ion of a Clerk before the said Bishop's Death. See Watf. c.9. p.48. Institution in this case is not sufficient.
3. No Dispensation granted by the Archbishop of Canterbury shall be of Force without Royal Confirmation under the Broad-Seal, unless it be a Difpenfation for which less than 41. was to be paid by the Pope's Tax. Stat. 25 H. VIII. C.20.
4. The First-fruits, and Tenths of all Ecclefiaftical Preferments were, by Stat. 26 H. VIII. f. 3. and other Statutes, fettled on the Crown; but Her late Majesty Queen ANNE of Blessed Memory, by Virtue of an Act of Parliament, settled them on a Corporation of the most Reverend and Honourable Perfons in the Nation, for an Auginentation of the Maintenance of the poorer Clergy. See Ap. Numb. I.
5. The King may qualify as many Chaplains as he pleases, and give them as many Livings of his own Gift, as he thinks fit, and Dispenfe with their Residence. Stat. 21 Hen. VIII. C. 13.
6. The King inay recal his Presentation any time before the Clerk be Inducted, whereas the Church is fill'd against any other Patron, or Perfon, by Institution. Watf. c. 20: p. 150.
7. The King presents to all Preferments that are vacant, by reason of any corrupt or fimo niacal Bargain, or Contract; by Stat. 31 Eliz.
8. If the Incumbent of any Dignity or Benes fice be promoted to a Bishoprick, the King prea sents to all the Preferment, which the Bishop had. at the time of his Promotion : but if the Bishop be permitted to hold any such Prefermenty by Dispensation, with his Bishoprick, and do ato terwards resign, or otherwise vacate them, the next Presentation comes to the Legal Patron. Watf. p.49, 50.
2. If the lawful Patron, Bishop, and Arche bishop neglect to present, or collate to a vacant Church the several fix Months which the Law allows to every one of them, then the Benefice lapses to the Crown,
and the King shall present for that Turn; and He
take His own time to present. Watf.c.12. p. 71. But here it is to be observed, that the King does not bestow Personally any Preferment under the Yearly Value of 20 l. in his own Books. Watf. c. 13, p.98. Tays,'twas formerly 20 Marks. The Lord Chancellor, or Keeper, presents in the King's Name to all * Preferments under that Value;
and * This Privilege is said to have been given to the L.Chancellor, upon Confideration that he had inany Clergymen constantly officiating under him, as those. Laymen now do, who are still called Clerks of Chancery, and zoho were not permitted to marry; till a Statute was: made on purpose to enable themi, in the Reign of Hen.7111. Now, that the E. Chancellor might be capablè to grarify these Clerks, he had the Privilege of bestown ing tbefe Benefices given him ly the Crown.