ANd first, beginning with the Ejection of the Pope and his Authority that led the way unto the Reformation of Religion which did after follow: It was first voted and decreed in the Convocation, before ever it became the subject of an Act of Parliament. For in the Year 1530. 22 Hen. 8. the Clergy being caught in a praemunire, were willing to redeem their danger by a sum of money; and to that end, the Clergy of the Province of Canterbury bestowed upon the King the sum of 100000 l. to be paid by equal portions in the same Year following; but the King would not so be satisfied, unless they would acknowledge him for the supream Head on earth for the Church of England; which, though it was hard meat, and would not easily down amongst them, yet it passed at last. For, being throughly debated in a Synodical way, both in the upper and lower Houses of Convocation, they did, in fine, agree upon this expression. Cujus (Ecclesiae SC Anglicanae) Singularem protectorem, unicum et Supremum Dominem, & (quantum per Christi leges licet) Supremum caput, ipsius Majestatem recognoscemus. To this they al consented and subscribed their hands, and afterwards incorporated it into the publike Act or Instrument, which was presented to the King in the Name of his Clergy, for the redeeming of their errour, and the grant of their money, which as it doth at large appear in the Records and Acts of the Convocation, so it is touched upon in a Historical way in the Antiq. Britan. Mason de Minist. Anglic. and other Authors; by whom it also doth appear, that what was thus concluded on by the Clergy of the Province of Canterbury, was also ratified and confirmed by the Convocation of the Province of York (according to the usual custom) save that they did not buy their pardon, at so dear a rate. This was the Leading Card to the Game that followed. For on this ground were built the Statutes, prohibiting all Appeales to Rome, and for determining all Ecclesiastical suits and controversies within the Kingdoms, 24 H. 8. c 12. That for the manner of electing and consecrating of Arch-Bishops, and Bishops, 25 H. 8. c. 20. and the prohibiting the payment of all Impositions to the Court of Rome; and for obtaining all such dispensations from the See of Canterbury, which formerly were procured from the Popes of Rome, 25. H. 8. c. 21. Which last is built expresly upon this foundations. That the King is the onely supream Head of the Church of England, and was so recognized by the Prelates and Clergy, representing the said Church in their Convocation. And on the very same foundation was the Statute raised, 26 H. 8. c. 1. wherein the King is declared to be the supream Head of the Church of England, and to have all honours and preferences which were annexed unto that Title, as by the Act it self doth at full appear: Which Act being made (I speak it from the Act it self) onely for corroboration and confirmation of that which had been done in the Convocation did afterwards draw on the Statute for the Tenths and first fruits, as the point incident to the Headship or supream Authority, 26 H. 8. c. 3.
The second step to the Ejection of the Pope, was the submission of the Clergy to the said King Henry, whom they had recognizanced for their supream Head. And this was first concluded on in the Convocation, before it was proposed or agitated in the Houses of Parliament, and was commended onely to the care of the Parliament, that it might have the force of a Law by a civil Sanction. The 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 consult those Records. I shall prove it by the Act of Parliament, called commonly The Act of submission of the Clergy; but bearing this Title in the Abridgment of the Statutes set out by Poulton; That the Clergy in their Convocations shall enact no constitutions without the Kings assent. In which it is premised for granted, that the Clergy of the Realm of England, had not onely acknowledged, according to the Truth, that the Convocation of the same Clergy, is, alwayes hath been, and ought to be assembled alwayes by the Kings Writ; but also submitting themselves to the Kings Majesty, had promised, in verbo Sacerdotis, That they would never from henceforth presum: to attempt, allcadge, claim, or put in ure, enact promulge, or execute, any new Canons Constitutions, Ordinances provincial, or other; or by whatsoever other name they shall be called in the Convocation, unless the Kings most Royal Assent may to them be had, to make, promulge, and execute the same; and that his Majesty do give his most Royall Assent and Authority in that behalf.
Upon which ground-work of the Clergies, the Parliament shortly after built this superstructure, to the same effect, viz.
That none of the said Clergy from thenceforth should presume to attempt, alleadge, claim, or put in use, any Constitutions, or Ordinances Provincial, or Synodals, or any other Canons; nor shall enact, promulge, or execute any such Canons, Constitutions, or Ordinances Provincial, (by whatsoever name or names they may be called) in their Convocations in time coming (which alwayes shall be assembled by the Kings Writ) unless the same Clergy may have the Kings in st Royal Assent and Licence to make, promulge, and execute such Canons, Constitutions, and Ordinances Provincial, or Synodical, upon pain of every one of the said Clergy doing the contrary to this Act, and thereof convicted, to suffer imprisonment, and make fine at the Kings Will, 25 H. 8. c. 19.
So that the statute, in effect, is no more then this, an Act to binde the Clergy to perform their promise, to keep them fast unto their word for the time to come, that no new Canon should be made in the times succeeding in the favour of the Pope, or by his Authority, or to the diminution of the Kings Royal Prerogative, or contrary to the lawes and statutes of this Realm of England, at many Papal Constitutions were in the former Ages: Which statute I desire you to take notice of, because it is the Rule and Measure of the Churches power in making Canons, Constitutions, or whatsoever else you shall please to call them in their Convocations.
The third and small Act, conducing to the Popes Ejection, was an Act of Parliament, 28. H. 8. c. 10. entituled, An Act extinguishing the Authority of the Bishop of Rome. By which it was enacted, That if any person should extoll the Authority of the Bishop of Rome, he should incur the penalty of a praemunire; that every Officer both Ecclesiastical and Lay should be sworn to renounce the said Bishop and his Authority, and to resist it to his power, and to repute any Oath formerly taken in maintenance of the said Bishop, or his Authority, to be void, and finally, that the refusal of the said Oath should be judged High Treason. But this was also usher'd in, by the determination first, and after by the practice of all the Clergy. For in the year 1534, which was two yeares before the passing of this Act, the King had sent this Proposition to be agitated in both Vniversities, and in the greatest and most famous Monasteries of the kingdom, that is to say, An aliquid authoritatis in hoc regno Angliae Pontifici Romano, de jure competat plusquam alii cujamque Episcopo extero? By whom it was determined Negatively, that the Bishop of Rome had no more power of right in the Kingdom of England, than any other forreign Bishop. Which being testified and returned, under the hands and seales respectively (the Originals whereof are still remaining in the Library of Sr Robert Cotton) was a good preamble to the Bishops, and the rest of the Clergy, assembled in their Convocation, to conclude the like. And so accordingly they did, and made an Instrument thereof subscribed by the hands of all the Bishops, and others of the Clergy, and afterwards confirmed the same by their corporal Oaths. The copies of which Oaths and Instrument you shal finde in Foxes Acts and Monuments, Vol. 2. fol. 1203. and fol. 1210, 1211. of the Edition of Iohn Day Anno 1570. And this was semblably the ground of a following statute, 35 H. 8. c. 1. wherein another Oath was devised and ratified, to be imposed upon the Subject, for the more cleer asserting of the Kings Supremacy, and the utter exclusion of the Popes for ever; which statutes, though they were all repealed by an Act of Parliament, 1 and 2d of Phil. and Mary, c. 1. save that the name of supream Head was changed unto that of the supream Governour, and certain clauses altered in the Oath of Supremacy. Where (by the way) you must take notice, that the statutes which concerns the Kings Supremacy, are not introductory of any new Right, that was not in the Crown before; but onely declaratory of an old, as our best Lawyers tell us, and the statute of the 26 of H. 8. c 1. doth clearly intimate. So that in the Ejection of the Pope of Rome, which was the first and greatest step towards the Work of Reformation, the Parliament did nothing, for ought it appeares, but what was done before in the Convocation, and did no more than fortifie the Results of Holy Church, by the addition and corroboration of the Secular Power.
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