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pope himfelf. They, perhaps, had seen no . .
And to what degree this spiritual character of head of the church operated in the minds of the people, we may understand from the language of men in ftill later times, and even from the articles of our church, where the prerogative of the crown is said to be that, which godly kings have always exercised; intimating, that this plenitude of power was ịnherent in the king, an account of that fpiri, tual and religious character, with which, as head of the church, he was necessarily invelted. : It cannot be denied, but that the 24th of the fu Henry VIII. operated as the translation of a establishment
of the civil part of the headship of the civil establish- transfere done ment of the church of England, from the pope
to the king. to the sovereign. The operative part of that act, in as much as it affected the constitutional church establishment and royal prero
gative, enacted, that all causes testamentary, causes of matrimony and divorces, rights of tythes, oblations, and obventions, should be in future beard, examined, discussed, clearly, finally, and definitively adjudged and determined within
the king's jurisdiktion and authority, and not The subject
elsewhere, notwithstanding any foreign inhibiact cleairly re- tione console contender cum lates to the civil wuros "pposing ja
il tions, appeals, sentences, fummons, citations, fufa establishment. pensions, interdi&tions, excommunications, re
straints, judgments, or any other process or impediments from the See of Rome, &c. Every fort of process there mentioned is, upon the very face it, the direct creature of the civil establishment of the Roman Catholic religion in this nation; and if the nation chose to seek their redress by reforting to the legal courts of Rome upon certain subjects, I know of no authority above themselves, that could check or prevent them from doing it; they were certainly bound to it by no article of the Roman catholic doctrine; and they were as free to desist, as they had been to commence the usagewonder much, that the nation did not sooner ease themselves of the expence,
trouble, and delay of carrying their suits to The present so distant and foreign a judicature; and I spiritual courts
wonder not less, that to this day they refer courts at Rome
the decision of so many of their rights and formerly reforted. liberties to what are now called the spiritual
to which we
courts, which continue to be ruled and de. termined by the fame civil Roman and canonical laws, to which they formerly resorted. But I am concluded by the act of the majority, and I submit with respectful deference to their jurisdiction. In their nature, our fpiritual or ecclesiastical Spiritual courts
improperly 10 courts at this day partake just as much of real called. Spiritual jurisdiction, as the courts, to which our ancestors were wont to resort at Rome, If the judges or practitioners in either happened to be in orders, it was accidental, or at least immaterial to their official jurisdiction; for they derived no more jurisdiction nor fanction from their ordination, than our serjeants practising at common law did of old, who introduced the use of the coif, to conceal their clerical tonsures from the eyes of the public, as by canon they were prohibited to be either advocates or judges. Although the jurisdiction of their courts went to the decision of disputes and litigations, arising out of or connected with subjects of a spiritual or ecclesiastical nature, yet the courts themselves were purely civil or temporal, in as much as they were created, supported, and maintained merely by the civil or temporal power, and acquired their whole force and authority from the civil legislative body of
that community, in which they were established, or which chose to submit to their authority and jurisdiction. It would be equal, ly absurd to look for any divine mission, or authority, or special guidance of Almighty God, in the old judges of the consistory or other courts of Rome, to which our anceftors resorted, as it would be ridiculous to expect a peculiar gift of divine grace and inspiration in a modern surrogate or proctor of doctors commons, whither we now carry our suits of the like nature. The origin of these courts, and of the suits prosecuted in them, the objects of many such suits (as wills, &c.) the method of carrying them on, the effects of their determination and judgments, all bespeak them the direct creatures of a civil
establishment. Excommunica The excommunication, which is pronounced
ead in these courts, is as different from that spiri
tual excommunication, which I have before spoken of, as the power of the grand signior over his janissaries is different from that of a christian bishop over his diocese. No civil
effect whatever can be produced by a mere - Spiritual excommunication, as I have before
faid; and there can be no excommunication pronounced by these courts, which does not produce some civil effect.
tion of these courts no real
al excom. ication.
Sir Edward Coke most curiously labours Sir Edward
Coke's idea of to prove, that whatever spiritual jurisdiction, the spiritual ca
pacity of queen right, power, or authority, either by usurpa- Elizabeth. tion or right, was admitted or pretended to be exercised by the popes of Rome within this nation, was vested in equal plenitude in her majesty queen Elizabeth; alledges 4mongst many other, this very singular reason. *« Reges facro oleo uneti, sunt spiritualis jurisdi&tionis capaces; kings, being anointed with the sacred oil, are capable of spiritual jurisdiction.". I am surprised, that the fertile and diffused genius of Sir E. Coke has not enlarged upon this spiritualizing unction of his queen. In another part of his works, however, he recurs to a more solid ground for the temporal or civil powers interfering with the effects of eccleliaftical excommunication; for taking notice, that by. the, 25 Edward I. (c. iv.) the archbishops and bishops were directed to pronounce sentence of excommunication against all those, that by word, deed, or council, should do contrary to the thereby confirmed charters, or that in any point should break or undo them, says, very consistently and truly, 7 " This excom- Whatever ex
communication produces a civil effect subject to the power of parliament.
* 5 Rep. Caudrey's Cafe, xvi. + 2 Inftit. 527