[378] masses satisfactory. And for these chantries were founded and endowed, to pray for the souls of the founder and his friends: Which chantries were dissolved by the statute of the 1 Ed. 6. c. 14. Striking in the church or church-yard. See Church. Subdeacon. SUBDEACON is one of the five inferior orders in the Romish church; whose office it is to wait upon the deacon in the administration of the sacrament of the Lord's supper. Suffragan. See Bishops. Gibs. 99. BY Suicide. Y the rubric before the burial office; persons who have laid violent hands upon themselves, shall not have that office used at their interment. And the reason thereof given by the canon law is, because they die in the commission of a mortal sin (Lind. 164.); and therefore this extendeth not to idiots, lunatics, or persons otherwise of insane mind, as children under the age of discretion, or the like; so also not to those who do it involuntarily, as where a man kills himself by accident: for in such case it is not their crime, but their very great misfortune. . Sunday. See Lord's day. King's supremacy by the com mon law. Supremacy. 1. LORD chief justice Hale says: The supremacy of the crown of England in matters ecclesiastical is a most indubitable right of the crown, as appeareth by records of unquestionable truth and authority. 1 H. H.75. Lord chief justice Coke saith: By the ancient laws of this realm, this kingdom of England is an absolute empire and monarchy, consisting of one head, which is the king; and of a body consisting of several members, which the law divideth into two parts, the clergy and laity, both of them next and immediately under God subject and obedient to the head. 5 Co. 8. 40. Caudrey's case. By the parliament of England in the 16 R. 2. c.5. it is asserted, that the crown of England hath been so free at all times that it hath been in no earthly subjection, but immediately subject to God in all things touching the regality of the same crown, and to none other. And in the 24 H. 8. c. 12. it is thus recited: By sundry and [379] authentic histories and chronicles it is manifestly declared and expressed, that this realm of England is an empire, and so hath been accepted in the world, governed by one supreme head and king, having dignity and royal estate of the imperial crown of the same: unto whom a body politic, compact of all sorts and degrees of people, divided in terms and by names of spiritualty and temporalty, been bounden and owen to bear next unto God, a natural and humble obedience; he being also furnished by the goodness and sufferance of Almighty God, with plenary whole and entire power, pre-eminence, authority, prerogative, and jurisdiction, to render and yield justice and final determination to all manner of persons resiants within this realm, in all cases, matters, debates, and contentions, without restraint or provocation to any foreign princes or potentates of the world; in causes spiritual by judges of the spiritualty, and causes temporal by temporal judges. Again, 25 H. 8. c. 21. The realm of England, recognizing no superior under God, but only the king, hath been and is free from subjection to any man's laws, but only to such as have been devised, made, and obtained within this realm for the wealth of the same, or to such other as by sufferance of the king, the people of this realm have taken at their free liberty by their own consent to be used amongst them, and have bound themselves by long use and custom to the observance of the same, not as to the observance of the laws of any foreign prince, potentate, or prelate, but as to the customed and ancient laws of this realm, originally established as laws of the same by the said sufferance, contents, and custom, and none otherwise. nons of the 2. Can. 1. As our duty to the king's most excellent majesty By the carequireth, we first decree and ordain, that the archbishop from church. time to time, all bishops, deans, archdeacons, parsons, vicars, and all other ecclesiastical persons, shall faithfully keep and observe, and as much as in them lieth shall cause to be observed and kept of others, all and singular laws and statutes made for restoring to the crown of this kingdom, the ancient jurisdiction Б В 2 over the state ecclesiastical, and abolishing of all foreign power repugnant to the same. Furthermore, all ecclesiastical persons having cure of souls, and all other preachers, and readers of divinity lectures, shall to the utmost of their wit, knowledge, and [380] learning, purely and sincerely (without any colour of dissimulation,) teach, manifest, open, and declare, four times every year at the least, in their sermons and other collation and lectures, that all usurped and foreign power (forasmuch as the same hath no establishment nor ground by the law of God) is for most just causes taken away and abolished, and that therefore no manner of obedience or subjection within his majesty's realms and dominions is due unto any such foreign power; but that the king's power, within his realms of England, Scotland, and Ireland and all other his dominions and countries, is the highest power under God, to whom all men, as well inhabitants as born within the same, do by God's laws owe most loyalty and obedience, afore and above all other powers and potentates in the earth. By the thirty-nine articles. Can. 2. Whoever shall affirm, that the king's majesty hath not the same authority in causes ecclesiastical, that the godly. kings had amongst the Jews and christian emperors of the primitive church, or impeach any part of his regal supremacy in the said causes restored to the crown, and by the laws of this realm therein established; let him be excommunicated ipso facto, and not restored but only by the archbishop, after his repentance and public revocation of those his wicked errors. Can. 26. No person shall be received into the ministry, nor admitted to any ecclesiastical function, except he shall first subscribe (amongst others) to this article following: That the king's majesty under God is the only supreme governor of this realm, and of all others his highness's dominions and countries, as well in all spiritual or ecclesiastical things or causes, as temporal; and that no foreign prince, person, prelate, state, or potentate hath or ought to have any jurisdiction, power, superiority, preeminence, or authority ecclesiastical or spiritual, within his majesty's said realms, dominions, and countries. 3. Art. 37. The queen's 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 foreign jurisdiction. But when we attribute to the queen's majesty the chief government, we give not thereby to our princes the ministering either of God's word, or of the sacraments; but that only prerogative which we see to have been given always to all godly princes in holy scripture by God himself, that is, that they should rule all estates and degrees commmitted to their charge by God, whether they be ecclesiastical or temporal, and restrain with the civil sword the stubborn and evil doers. The bishop of Rome hath no jurisdiction in this realm of England. 4. Albeit the king's majesty justly and rightfully is and ought By act of to be the supreme head of the church of England, and so is recog- parliament. nized by the clergy of this realm in their convocations, yet nevertheless for corroboration and confirmation thereof, and for the increase of virtue in Christ's religion, and to repress all errors, heresies, and other enormities and abuses; it is enacted, 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; and shall have and enjoy, annexed to the imperial crown of this realm, as well the style and title thereof, as all honours, dignities, pre-eminences, jurisdictions, privileges, authorities, immunities, profits, and commodities, to the said dignity of supreme head of the same church belonging and appertaining; and shall have power from time to time visit, repress, redress, reform, order, correct, restrain, and amend all such errors, heresies, abuses, offences, contempts, and enormities whatsoever they be, which by any manner of spiritual authority or jurisdiction may lawfully be reformed, repressed, ordered, redressed, corrected, restrained, or amended most to the pleasure of Almighty God, the increase of virtue 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 other thing to the contrary notwithstanding. 26 H. 8. c. 1. Recognized by the clergy of this realm in their convocations] Which recognition, after deliberation and debate in both houses of convocation, was at length agreed upon in these words, ecclesiæ et cleri anglicani, cujus singularem protectorem unicum, et supremum dominum, et quantum per Christi legem licet, etiam supremum caput ipsius majestatem recognoscimus. Gibs. 23. 5. Whereas the king hath heretofore been and is justly and The king's lawfully and notoriously known, named, published, and declared style and to be king of England, France, and Ireland, defender of the title. faith, and of the church of England and also of Ireland in earth supreme head, and hath justly and lawfully used the title and name thereof; it is enacted, That all his majesty's subjects shall from henceforth accept and take the same his majesty's style, as it is declared and set forth in manner and form following, viz. "Henry the Eighth, by the grace of God, king of England, [382] "(since the union with Scotland, king of Great Britain,) France, ❝and Ireland, defender of the faith, and of the church of England "and also of Ireland in earth the supreme head:" and the said style shall be for ever united and annexed to the imperial crown of this realm. 35 H. 8. c. 3. Penalty of denying the king's supremacy. Defender of the faith] This title, although sometimes attributed to our kings before, yet was peculiarly and in a more solemn manner given to king Hen. 8. by pope Leo 10. for writing against Luther. And of the church of England and also of Ireland in earth the supreme head] These are the words which seem to be understood, in the abbreviated style of the king, as it is now usually expressed, [defender of the faith, and so forth.] 6. By the 1 Ed. 6. c. 12. If any person shall by open preaching, express words, or sayings, affirm or set forth, that the king is not or ought not to be supreme head in earth of the church of England and Ireland, or any of them, immediately under God; or that the bishop of Rome or any other person than the king of England for the time being is or ought to be by the laws of God supreme head of the same churches or of any of them; he, his aiders, comforters, abettors, procurers, and counsellors, shall (on conviction by the oath of two witnesses or confession) for the first offence forfeit his goods and be imprisoned during the king's pleasure: for the second offence shall forfeit his goods, and also the profits of his lands and spiritual promotions during his life, and also be imprisoned during his life; and for the third offence shall be guilty of high treason. § 6. 22. And if any person shall by writing, printing, overt deed or act, affirm or set forth, that the king is not or ought not to be supreme head in earth of the church of England and Ireland, or of any of them, immediately under God; or that the bishop of Rome, or any other person than the king of England for the time being, is or ought to be by the laws of God or otherwise, the supreme head in earth of the same churches or any of them; he (his aiders, comforters, abettors, procurers, and counsellors) shall (on conviction by the oath of two witnesses or confession) be guilty of high treason. § 7. 22. But no person shall be prosecuted for the said offences by open preaching or words only, but within thirty days after such preaching or speaking, if the accusers be within the realm during [383] the said thirty days; if not, then within six months after such preaching or words spoken; and not otherwise.The accusation to be made to one of the king's counsel, or to a justice of assize, or a justice of the peace being of the quorum, or to two justices of the peace within the shire where the offence was committed. § 19. But as to offences made treason by this act, the same is so far repealed by the 1 Mar. sess. 1. c. 1. which enacteth, that no offence made high treason by act of parliament, shall be adjudged high treason, but only such as is expressed in the statute of the 25 Ed. 3. But as to the rest this statute continueth in force. |