A church dictionary

by Walter Farquhar Hook

Canon 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.”

Canon 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 other 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, pre-eminence, or authority, ecclesiastical or spiritual, within his Majesty’s said realms, dominions, and countries.”

And the 37th Article declares, that “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 committed 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.”

By the 1 Eliz. c. 1, it is enacted as follows, viz. that no foreign prince, person, prelate, state, or potentate, spiritual or temporal, shall use, enjoy, or exercise any manner of power, jurisdiction, superiority, authority, pre-eminence, or privilege, spiritual or ecclesiastical, within this realm, or any other her Majesty’s dominions or countries, but the same shall be abolished thereout for ever; any statute, ordinance, custom, constitutions, or any other matter or cause whatsoever to the contrary notwithstanding. (S. 16.)

And such jurisdictions, privileges, superiorities, and pre-eminence, spiritual and ecclesiastical, as by any spiritual or ecclesiastical power or authority have heretofore been, or may lawfully be, exercised or used for the visitation of the ecclesiastical state and persons, and for reformation, order, and correction of the same, and of all manner of errors, heresies, schisms, abuses, offences, contempts, and enormities, shall for ever be united and annexed to the imperial crown of this realm. (S. 17.)

And if any person shall by writing, printing, teaching, preaching express words, deed or act, advisedly, maliciously, and directly affirm, hold, stand with, set forth, maintain, or defend the authority, pre-eminence, power, or jurisdiction, spiritual or ecclesiastical, of any foreign prince, prelate, person, state, or potentate whatsoever, heretofore claimed, used, or usurped within this realm, or any other her Majesty’s dominions or countries; or shall advisedly, maliciously, and directly put in use, or execute, anything for the extolling, advancement, setting forth, maintenance, or defence of any such pretended or usurped jurisdiction, power, pre-eminence, and authority, or any part thereof; he, his abettors, aiders, procurers, and counsellors shall, for the first offence, forfeit all his goods, and if he hath not goods to the value of £20 he shall also be imprisoned for a year, and the benefices of every spiritual person offending shall also be void; for the second offence shall incur a præmunire; and for the third shall be guilty of high treason. (S. 27–30.)

But no person shall be molested for any offence committed only by preaching, teaching, or words, unless he be indicted within one half year after the offence committed. (S. 31.)

And no person shall be indicted or arraigned but by the oath of two or more witnesses; which witnesses, or so many of them as shall be living, and within the realm at the time of the arraignment, shall be brought face to face before the party arraigned, if he require the same. (S. 37.)

If any person shall by writing, cyphering, printing, preaching, or teaching, deed or act, advisedly and wittingly, hold or stand with, to extol, set forth, maintain or defend the authority, jurisdiction, or power of the bishop of Rome or of his see, heretofore claimed, used, or usurped, within this realm, or in any of her Majesty’s dominions; or by any speech, open deed, or act, advisedly and wittingly attribute any such manner of jurisdiction, authority, or pre-eminence to the said see of Rome, or to any bishop of the same see for the time being; he, his abettors, procurers, and counsellors, his aiders, assistants, and comforters, upon purpose and to the intent so set forth, further and extol the said usurped power, being indicted or presented within one year, and convicted at any time after, shall incur a præmunire.—5 Eliz. c. 1, s. 2.

And the justices of assize, or two justices of the peace, (one whereof to be of the quorum,) in their sessions, may inquire thereof, and shall certify the presentment into the King’s Bench in forty days, if the term be then open; if not, at the first day of the full term next following the said forty days: on pain of £100. (S. 3.)