The clergy by fynodical acts

the laity.

the laity in their property in a very high degree; and yet it is admitted, that the clergy cannot charge by fynodical acts cannot charge the property of the laity." And his lordship further remarks, and feems to lay it down as a received axiom, "that the true use of these confirmations (of canons) in parliament was the extenfion of fuch conftitutions over the laity, who would otherwise not be bound."

Headship or fupremacy of the

civil eftablish

ment tranf

lated from the

pope to the king.

It appears therefore clear, that even upon ecclefiaftical or spiritual matters, there is no other legislative power in this ftate, but that of parliament; and no power can civilly bind the people but the legislative. Now all fuch right, power, preeminence, dignity, jurisdiction, and authority, which could poffibly produce any civil effect in this country, were by this act of tranflation vefted or recognized in future in the king alone, as by the free affent of the people had in great measure been allowed for many centuries to the pope. "This tranflation," fays the bishop of Worcefter, "was the circumftance of all others, which most favoured the fudden growth of the imperial power in this nation." The arbitrary and restless disposition of this monarch, and the fervile pliancy of his people,

* Mor. & Pol, Dial. vol. ii. p. 275.

equally

equally confpired together to raise that thunder storm under the Tudors, that burst with fuch direful effects upon the heads of the Stuarts.

exorbitant no

*« We fee then, as I have said, how conveniently the minds of men were prepared to acquiefce in Henry's ufurped prerogative. And it is well known, that this prince was not of a temper to balk his expectations. The fequel of his reign fhews, that he took King Henry's himself to be invefted with the whole eccle- tions of his own fiaftical power, legislative as well as executive; fupremacy. nay, that he was willing to extend his acknowledged right of fupremacy, even to the ancient papal infallibility, as appears from his fovereign decifions in all matters of faith and doctrine."

In order to render this headship or fupremacy of the king over the civil establishment of religion, which had formerly been allowed in great measure to the pope the more palatable to the nation, it was thought adviseable to procure an act of fubmiffion from the clergy themselves; for although the actual consent of each individual clergyman, as a member of the community, was included in the act of parliament, yet inasmuch

*Mor. & Pol. Dial. vol. ii. p. 283.

The act of the

fubmiffion of

the clergy pro

cured to render

the tranflation palable to the

public.

What this fubmiffion of the clergy was.

as the clergy were in fome fenfes a body diftinguished and divided from the laity, it was thought, that their fubmiffion might afford fatisfaction and conviction to the wavering and lefs informed part of the community, though it could in fact add no degree either of coercion or obligation to the act of parliament, which without any such special submiffion of the clergy, would have been equally binding and conclufive upon the nation. As upon this fubmiffion of the clergy were founded and fettled the rights and powers, as well as the duties and obligations both of the convocation and of the king as their fupreme head, it will not perhaps be unacceptable to my readers to fee that tranfaction represented by a very learned and refpectable divine of the established church.

* « The second step to the ejection of the pope was the fubmiffion of the clergy to the faid king Henry, whom they had recognizanced for their fupream head. And this was firft concluded on in the convocation, before it was propofed or agitated in the houses of parliament, and was recommended only to the care of the parliament, that it might have the force of a law by a civil fanction. The

* Dr. Heylin's Reformation of England juftified, p. 6 & 7.

whole

whole debate, with all the traverses and emergent difficulties, which appeared therein, are specified at large in the records of convocation, anno 1532. But being you have not opportunity to confult those records, I fhall prove it by the act of parliament, called commonly the Act of Submiffion of the Clergy; but bearing this title in the abridgment of the Statutes fet out by Poulton, that the clergy in their convocations shall enact no conftitutions without the king's affent. In which it is premifed for granted, that the clergy of the realm of England had not only acknowledged, according to the truth, that the convocation of the fame clergy is, always bath been, and ought to be affembled always by the king's writ; but also fubmitting themselves to the king's majesty, had promifed, in verbo facerdotis, that they would never from henceforth prefume to attempt, alleadge, claim, or put in ure, enact, promulge, or execute any new canons, conftitututions, ordinances provincial, or other, or by whatfoever other name they shall be called in the convocation, unless the king's most royal affent may to them be had, to make, promulge, and execute the same; and that his majesty do give his moft royal affent, and authority in that behalf.

Parliament act

upon this act of

the clergy.

"Upon which ground-work of the cler

fubmifion of gies, the parliament fhortly after built this fuperftructure to the fame effect, viz.

"That none of the faid clergy from henceforth fhould prefume to attempt, alleadge, claim, or put in ure, any conftitutions, or ordinances provincial, or fynodales, or any other canons; nor fhall enact, promulge, or execute any fuch canons, conftitutions, or ordinances provincial, (by whatJoever name or names they may be called) in their convocations in time coming (which always fhall be affembled by the king's writ) unless the fame clergy may have the king's moft royal afJent and licence to make, promulge, and execute fuch canons, conftitutions, and ordinances provincial or fynodical, upon pain of every one of the faid clergy doing the contrary to this act, and thereof convicted, to suffer imprisonment, and make fine at the king's will, 25 Hen. VIII.

c. 19.

"So that the ftatute in effect is no more than this: an act to bind the clergy to perform their promife, to keep them faft unto their word for the time to come, that no new canon fhould be made in the times fucceeding in the favour of the pope, or by his authority, or to the diminution of the king's royal prerogative, or contrary to the laws and statutes