§ 4.-A short View of some of the most remarkable Acts of ·Parliament, upon which the King's Supremacy was established. KING Henry having extorted from his reluctant Clergy an acknowledgment of his spiritual Headship over the Church of England in the manner already described, his next care was to settle his pretensions, and to fix his title to the Spirituality upon the power and authority of his Parliament. But before his Majesty attempted to establish his Spiritual Authority upon this bottom, it was thought expedient previously to banish the Pope's Supremacy. Therefore it was enacted, That all payments made to the Apostolic Chamber, and all Provisions, Bulls, and Dispensations, should from henceforth cease.' But this was not all for it was further enacted and ordained, by authority of this present Parliament, that no manner of speaking, doing, communication, or holding against the Bishop of Rome, or his pretended power, or authority, made or given by human laws and policies, and not by the holy Scripture: nor any speaking, doing, communication or holding against any laws, called Spiritual Laws, made by the authority of the See of Rome, by the policy of men, which be repugnant or contrarious to the laws and statutes of this realm, or the King's prerogative royal, shall be deemed, reputed, accepted, or taken to be heresy; nor any subject or resiant of this realm shall be impeached or troubled for the same.' Stat. 25. H. 8. c. 14. The Pope's authority being thus put to flight, it was thought proper, in the next place, to defeat the privileges of the Clergy, and this was done accordingly by a disabling act, the purport whereof is as follows. Whereas the King's humble and obedient subjects, the Clergy of this realm, have not only knowledged according to the truth, that the Convocation of the same is, always has been, and ought to be assembled by the King's writ, but also, submitting to the King's Majesty, have promised in verbo sacerdotii, that they will never from henceforth presume to attempt, alledge, claim, or put in use, enact, promulge, or execute any new canons, constitutions, ordinance, provincial or other, or by whatsoever other name they shall be called in the Convocation, unless the King's most royal assent and licence may to them be had, to make, promulge and execute the same, and that his Majesty do give his royal assent in that behalf.' "Before I go any further, 'twill not be improper to take notice of one passage in this preamble, where it is said: The Clergy of this realm have knowledged according to the truth, that the Convocations always have been, and ought to be, assembled by the King's Writ. And here it may be said, the penner of this act did not consult the ancient practice for nothing is more certain, than that the Convocation met frequently by the sole authority of the Archbishop and that the Clergy insisted upon this method of summons, as one branch of the liberties of Holy Church: and that they were thus summoned, we have two instances in this reign. They were once convened without the King's Writ under Archbishop Wareham, and afterwards they met by virtue of Cardinal Wolsey's Legatine Autho rity. 'Tis certain the Clergy in Convocation had acknow ledged what the preamble sets forth: but then, that this acknowledgement was according to the truth, is more than what appears. Now, with all due submission to the legisla tive authority, I hope it is no disregard to truth to say, that those who draw a bill may be somewhat unacquainted with history, and mistaken in matter of fact. Neither need we wonder a mis-recital of this kind should pass two houses. I say we need not wonder at this, since the Clergy had led them into this error in their submission to the Crown. For who could have imagined the Clergy should have fallen into such an oversight, wanted skill or courage to maintain their privilege, and contradicted undoubted records to their own disadvantage? That it was customary for the Bishops, &c. to meet in Synods without the King's Writ, is evident from the form of the Clergy's Submission in the year 1532, at which time they were prevailed upon in verbo Sacerdotii, not to assemble from henceforth in any Convocation, or Synodal Meeting, but as they should be called by his Majesty's Writ. They promise not to assemble, &c. from henceforth, which implies that formerly they used to do otherwise." (See Burnet's History of the Reformation, vol. i. b. 2. p. Ï47, where the particle henceforth is artfully suppressed.]But to go on with our preamble: And whereas it standeth with natural equity and good reason, that all human laws, and all causes which are called Spiritual, induced into this realm, your Royal + Collier's Eccl. Hist. Vol. II. b. li. pp. 83, 84, 85, Ibid. Vol. I. b. v. p. 468. Majesty, and your Lords Spiritual and Temporal, have full Power and Authority, not only to dispense, but also to authorize some elect persons, to dispense with those and all other human Laws of this Realm, as the quality of the persons and matter shall require; as also the said Laws to abrogate, admit, amplify, or diminish. 'Be it therefore enacted, that from henceforth every Licence, Dispensation, &c. that in cases of necessity may lawfully be granted, without offending the holy Scripture and the laws of God, necessary for your Highness, and for your Subjects, shall be granted in manner following, that is to say: The Archbishop of Canterbury shall have power to grant them to your Majesty. And if the aforesaid Archbishop shall refuse, or deny to grant any Licences, Dispensations, &c. that then, upon examination had in your Court of Chancery, that such Licences may be granted without offending against the Scriptures, your Highness may command the Archbishop to grant them, under such penalties as shall be expressed in the Writ of Injunc tion.' Stat. 25. H. 8. c. 19. Thus the Power of the Pope and the Liberties of Holy Church being entirely demolished, the wisdom of the na tion thought fit, in the last place, to erect the grand pillar of the Reformation, the King's Ecclesiastical Supremacy, upon the ruins of them both. How this was done the following Act declares. 'Albeit the King's Majesty, justly and rightfully, is and ought to be Supreme Head of the Church of England, and is recognized by the Clergy of this Realm in their Convo cations, yet nevertheless, for corroboration and confirmation thereof, and for encrease of vertue in Christ's Religion within this Realm of England, and to repress and extirpe all errors, heresies, and other enormities and abuses, heretofore used in the same, be it enacted, by the authority of this present Parliament, that the King our Sovereign Lord, his Heirs and Successors, Kings of this Realm, shall be taken, accepted, and reputed the only Supreme Head in Earth of the Church of England, called Anglicana Ecclesia, and shall have and enjoy annexed and united to the Imperial Crown of this Realm, as well the title and stile thereof, as all honours, dignities, immunities, profits, and commodities to the said dignity of Supreme Head belonging and appertaining. And that our Sovereign Lord, his Heirs and Successors, Kings of this Realm, shall have full power and authority, from time to time, to visit, repress, re D dress, reform, order, correct, restrain, and amend all such errors, heresies, abuses, contempts, and enormities, whatsoever they be, which by any manner of Spiritual Authority or Jurisdiction ought or may lawfully be reformed, redressed, ordered, repressed, corrected, restrained, or amended, most to the pleasure of Almighty God, the encrease of vertue in Christ's Religion, and for the conservation of the peace, unity, and tranquillity of this realm; any usage, custom, foreign laws, foreign authority, prescription, or any thing or things to the contrary hereof notwithstanding. Stat. 26. H. 8. c. 1. "This Act grants the King full power and authority to visit, order, and reform all heresies, abuses, &c. which by any manner of Spiritual Authority or Jurisdiction may lawfully be ordered or reformed. This clause declares the King + Supreme Ordinary, makes his Majesty, and by consequence those commissioned by him, judges of heresy, and puts the Ecclesiastical Discipline into their hands. And yet, by the 20th article of the Reformation, the Church is said to have power to decree rites and ceremonies, and authority in controversies of faith. This article pronounces the Church the judge in matters of faith, and seems to contradict the Statute before us. But notwithstanding this inconsistency, the Thirty-ninè Articles were confirmed by Act of Parliament in the reign of Q. Elizabeth.” But leaving Q. Elizabeth to authorize inconsistencies and contradictions by Act of Parliament, proceed we to recount another remarkable statute, enacted in the days of her father. It sets forth : "That Archbishops, Bishops, and Archdeacons, and other Ecclesiastical Persons, have no manner of Jurisdiction Ecclesiastical, but by, under, and from his Majesty.'Farther, That all persons, whether married or uninarried, being doctors of the civil law, who shall be deputed to be any chancellor, commissary, &c. may lawfully exercise all manner of Ecclesiastical Jurisdiction, any constitution to the contrary notwithstanding.'-And finally, That his Majesty is the only undoubted Supreme Head of the Church of England and of Ireland, to whom, by holy Scripture, all authority and power is wholly given, to hear and determine all manner of causes ecclesiastical, and to correct vice.' Stat. 37. H. 8. c. 17. *Collier's Eccl. Hist. vol. ii. b. 2. p. 88. "The King is the SUPREME ORDINARY." Coke. See also Wood's Institutes. And thus was the Crown of England, by Act of Parliament, absolutely invested with all authority and power ecclesiastical, and that too (if you will believe the act) by holy Scripture; but the chapter and verse, I profess, I cannot find. One thing, however, I can easily find, and that is, that among other abuses and enormities, the Divine Institution of Episcopal Authority is not only redressed, but suppressed too, if not entirely abolished, by the policy of men. The Bishops, &c. are declared (as such) to have no jurisdiction at all, but by, under, and from his Majesty. And, to crown the last act of the drama, King Harry VIII. (like Cato in the senate-house) sets himself up for a reformer of heresies, a restrainer of enormities, and a corrector of vice! "Tertius è cælo cecidit Cato !"......Juv. Sat. 2. "Rome now must needs reform, and vice be stopt, § 5.-A Recapitulation of King Henry's Spiritual Powers and Prerogatives....Reflections upon them....Bp. Bramhall's Objections answered. NE EVER surely were English Parliaments more complaisant to their sovereign, than in the reign of King Henry the Eighth. With surprising and almost incredible alacrity they accommodated themselves to his humour; they subscribed, without reserve, to his capricious measures; and frankly adopted all his schemes, tho' never so out of theway or extravagant. They had already joined with him in great business of extirpating the Pope's Supremacy and when that was done, they very generously made a present of it to his Majesty, which he as graciously accepted of. What use he made of it is to be the subject of a future enquiry. In the mean time, it is to be presumed, a brief recapitulation of this Monarch's Spiritual Powers and Prerogatives will be no unentertaining amusement to the reader. Wherefore, in consequence of an open rupture with the See of Rome, the King immediately challenged, 1. An entire possession of all jurisdictions, honours, dignities, profits, and emoluments, belonging or appertaining to the Supreme Head of the Church of England; which (toge |