before to prove, that they could confer whatever could not be impofed upon them without their confent. It is my indifpenfible, and indeed my only duty, to confider the operation of the laws now fubfifting, that affect the king's fupremacy over the church of England, which I am happier to fet forth in the words of others, than my own. *"Here one interpofed and defired to know, how all this would agree with our prefent laws, and fince the reformation, and inftanced the statutes 25 H. VIII. c. 19. and 37 H. VIII. c. 17. &c. with the commiffion, that archbishop Cranmer took out for his bishoprick from Edw. VI. which is inferted in bishop Burnet's Hift. of the Reformation, part II. Collect. Record. to book i. n. 2. p. 90. and the like done by other bishops, whereby they held their bishopricks during pleasure of the king, and owned to derive all their power, even ecclefiaftical, from the crown, velut à fupremo capite, & omnium infra regnum noftrum magiftratuum fonte & fcaturigine, as from the fountain and original of it, &c. To this it was faid; "That all this is to be understood only The king's fu *Cafe of the Regale and Pontificat. p. 60. & feq. premacy to be understood only of the civil power, &c. Exception of the real fpi ritual commiffion of Christ to his minifters. of the civil power and authority, which by the laws of the land were annexed to the facred office. As the civil jurifdiction, that is granted to the bishops courts, to the bishops themselves, as lords of parliament, &c. to the civil penalties, which follow their excommunication, and the legal protection to their ordinations, and other acts of their office. And these are derived onely and folely from the king. Nothing of this was granted to the apostles, or the bishops their fucceffors by Christ. And as the state granted thefe, they may recall them, if there be fufficient reafon for it. "That in that very commiffion before mentioned, which was given to Cranmer for his bishoprick, there is an exception, per & ultra ea, quæ tibi ex facris literis divinitus commiffa effe dignofcuntur; (i. e.) over and above thofe powers and authorities, which the holy fcriptures do teftifie are given to thee by God. These the king did not take upon him to grant. But only what was over and above thefe, that is, the protection and civil privileges granted by the ftate, which were annexed to fortify and encourage thefe. And take notice, that that of which the king is here called the bead and fountain, is omnium magiftratuum, of all the magistracy within his dominions, as well well ecclefiaftical as temporal. There is a civil magistracy annexed by the laws to the ecclesiastical jurisdiction. And of this only ought thefe expreffions to be meant; because we fee the other, the spiritual authority, which in holy fcripture is granted to the church, is expressly excepted. And that ecclefiaftical authority, which in this commiffion is faid to flow from the king, is, juris dicendi authoritas, & quæcunque. To what the ad forum ecclefiafticum pertinent. That is, the may confined epifcopal jurifdiction, confidered as a forum, a court established by the fecular power, and part of the laws of the land. King's fupre "That in the faid Hift. of the Reformation, part I. in the addenda, n. v. p. 321, there is a declaration made of the function and divine inftitution of bishops and priests, fubfcribed by the lord Cromwell, then vicegerent to king H. VIII. in ecclefiaftical matters, by archbishop Cranmer, with the archbishop of York, eleven other bishops, and twenty divines and canonifts, declaring that the power of the keys, and other church functions, is formally diftin& from the civil power, &c. And ibid. Collect. Rec. n. x. p. 177. There is the judgment of eight bishops concerning the king's fupremacy, whereof Cranmer the firft afferting, that the commiffion, which Chrift gave his church The power of had no respect to kings or princes power; but that the church had it by the word of God, to which the church is by the word of God. No fpiritual minifterial power in queen Eliz. given by the act. which chriftian princes acknowledge themfelves fubject. They deny, that the commiffion Chrift gave to his church did extend to civil power over kings and princes. And they own, that the civil power was over bishops and priests, as well as other fubjects, that is, in civil matters; but they affert, that bishops and priests have the charge of fouls, are the meffengers of Chrift to teach the truth of his gospel, and to loofe and bind fin, &c.; as Chrift was the meffenger of his Father, which fure was independent of all kings and powers upon earth." The act of parliament, by which the fpiritual or ecclefiaftical fupremacy was reinvested in queen Elizabeth, does not express to give to the queen that plenitude of real fpiritual power, which had ever been exercised in this or any other nation by the minifters of the gospel, but fuch power only, as had been exercised within this realm in matters evidently comprized in or arifing out of the civil establishment of religion. The act contains not a word of the power of preaching, teaching, adminiftering the facraments, or chaftifing by fpiritual cenfures or excommunication; and to thefe inftances alone are confined the true fpiritual weapons, power, authority, or jurifdiction, by which the minifters of God carry on the work of their divine miffion. *« And that alfo it may likewife please your highnefs, that it may be established and enacted by the authority aforefaid, that † fuch jurifdiction, privileges, t fuperiorities, and preheminencies, fpiritual and ecclefiaftical, as by any fpiritual or ecclefiaftical power or authority bath heretofore been, or may lawfully be exercifed or used for the vifitation of the ecclefiaftical state and persons, and for reformation, order, and correction of the fame, and of all manner of errors, herefies, fchifms, abuses, offences, contempts, and enormities, fhall for ever, by authority of this prefent parliament be united and annexed to the imperial crown of this realm.”. I prefume not to enter into a theological investigation of the spiritual rights and prerogatives of the clergy in their different degrees, from the archbishop to the curate, but 1 Eliz, c. 1. fect, xvii. † Particular attention is to be paid to these words of reference, which import not to give any absolute spiritual or ecclefiaftical jurifdiction, authority, or power, but fuch only as had been before, or lawfully might be exercised or used. The effect therefore of this ftatute can only be ascertained by confidering, firft how far the kings of England were the heads of the civil establishment of religion; and fecondly how far lay perfons are Capable of real spiritual jurisdiction. only The author's confider what powers patfed intent only to to the king by the different acts of parlia ment. |