T

CHAP. V.

Of the King's Supremacy.

HERE is no Doctrine of the Church, no Right of the Crown fo guarded with Articles, 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 Injunctions, 1559, explains the Meaning of this Supremacy or Headship; that is, under God to bave the Sovereignty and Rule of all Perfons Born within her Realms and Dominions, of what Eftate (either Ecclefiaftical or Temporal) foever they be; fo as no other Foreign Power fhall, or ought to have any Superiority over them. This Supremacy chiefly confifts 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 exprefs Confent; by Stat. 25 Hen. VIII. c. 19. Whereas, before the making that Act, the Convocation was often call'd, 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 Appeal a Commiffion under the Great Seal is to be directed to certain Perfons, whereof commonly half are of the Clergy, half of the Laity, which is called the Court of Delegates, and which finally determines all Ecclefiaftical Caufes, 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 Commiffion for Vifit. ang fuch Places as are exempt from the Jurif diction of the Bishops and Archbishops; and an Appeal lies from Courts in fuch Places, to the King, in Chancery; whereas, before this Act, the Pope only could Vifit them, and receive Appeals from thefe Courts.

4. They that are in Holy Orders now, and ever fince the Statute 28 H.8. c. 1. are no more exempt from the King's Temporal Laws, than the Laity: Whereas in antient Times, a Clergyman, tho' convict of Murder, Felony, &c. could not be fentenced or executed by the Temporal Judges or Officers; but was delivered to his Ordinary, and by him committed to Prison, and after fome 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 Prifon of the Bishop, or of fome Monaftery, where, it was pretended, he did Penance,

in

in Bread, and Pulfe, and Water, during the remainder of his Life. In after-times, if the Clerk, convict 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 fuffer the Law by the Secular Power. Afterwards, a Layman that could read, was in fome Cafes allow'd the fame Benefit, as if he had been in Holy Orders. This Privilege which was one of thofe for which Becket loft his Life, was leffen'd very much in Hen. VII's Time, and in Hen. VIII's in effect taken away.

5. Now the Bishops and Clergy neither fwear, nor pay any Obedience to the Pope: Whereas till the Reign of Hen. VIII. all Bishops, Abbots, 8r. 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 the Pope rather than the Prince: But now, both Prelates, and other Clergymen are entirely the King's Subjects, and fo (I'dare fay) they defire

to continue.

Farther, The King has feveral Prerogatives in Church-Matters, viz.

1. His Majefty is Patron of all the Bishopricks and Deanries, and of moft of the great Prebends; but the Earl of Derby is Patron of

C4

the

t The Earl of Derby nominates the Bishop of Man; but the Archbishop of York does not Confecrate him, till the Broad-Seal for the King's Confent be produced.

the Bishoprick of the Isle of Man; and the Deanry 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 Bifhopricks; and farther, Prefents to all Dignities and Benefices that are in the Gift of thofe 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 Bifhop, and not filled by the Induction of a Clerk before the faid Bishop's Death. See Watf. c.9. p. 48. Inftitution in this Cafe is not fufficient.

3. No Difpenfation granted by the Archbishop of Canterbury fhall be of Force without Royal Confirmation under the Broad-Seal, unless it be a Difpenfation for which lefs than 47. 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. c. 3. and other Statutes, fettled on the Crown; but Her late Majefty Queen ANNE of Bleffed Memory, by Virtue of an Act of Parliament, fettled them on a Corporation of the moft Reverend and Honourable Perfons in the Nation, for an Augmentation of the Maintenance of the poorer Clergy. See Ap. Numb. 1.

5. The King may qualify as many Chaplains as he pleafes, and give them as many Livings of his own Gift, as he thinks fit, and Difpenfe with their Refidence. Stat. 21 Hen. VIII. c. 13.

6. The King may recal his Prefentation any time before the Clerk be Inducted, whereas the Church is fill'd against any other Patron, or Perfon, by Inftitution. Warf. c. 20. p. 150.

7. The King presents to all Preferments that are vacant, by reafon of any corrupt or fimoniacal Bargain, or Contract; by Stat. 31 Eliz.

c. 6.

8. If the Incumbent of any Dignity or Bene fice be promoted to a Bishoprick, the King prefents to all the Preferment, which the Bishop hadat the time of his Promotion: but if the Bishopbe permitted to hold any fuch Preferment, by Difpenfation, with his Bishoprick, and do af terwards refign, or otherwife vacate them, the next Prefentation comes to the Legal Patron. Watf. p. 49, 50.

9. If the lawful Patron, Bishop, and Archbishop neglect to prefent, or collate to a vacant Church the feveral fix Months which the Law allows to every one of them, then the Benefice" lapfes to the Crown, and the King fhall prefent for that Turn; and He may take His own time to prefent. Watf. c. 12. p. 71. But here it is to be obferved, that the King does not bestow Perfonally any Preferment under the Yearly Value of 20l. in his own Books. Watf. c. 12, p.98. fays, 'twas formerly 20 Marks. The Lord Chancellor, or Keeper, prefents in the King's Name to all * Preferments under that Value,

* This Privilege is faid to have been given to the L.Chancellor, upon Confideration that he had many Clergymen conftantly officiating under him, as thofe Laymen now do, who are still called Clerks of Chancery, and who were not permitted to marry, till a Statute was made on purpofe to enable them, in the Reign of Hen.VIII Now, that the L. Chancellor might be capable" to gratify thefe Clerks, he had the Privilege of beftow-ing thefe Benefices given him by the Crown.