Commentaries on the Laws of England, Book the FirstBlackstone, William, Sir
History
Commentaries on the Laws of England, Book the First
Blackstone, William, Sir
Law -- England; Law -- England -- History
TO enter into the reasons upon which this prerogative is founded is
matter rather of divinity than of law. I shall therefore only observe
that by statute 26 Hen. VIII. c. 1. (reciting that the king's majesty
justly and rightfully is and ought to be the supreme head of the
church of England; and so had been recognized by the clergy of this
kingdom in their convocation) it is enacted, that the king shall be
reputed the only supreme head in earth of the church of England, and
shall have, annexed to the imperial crown of this realm, as well the
titles and stile thereof, as all jurisdictions, authorities, and
commodities, to the said dignity of supreme head of the church
appertaining. And another statute to the same purport was made, 1
Eliz. c. 1.
IN virtue of this authority the king convenes, prorogues, restrains,
regulates, and dissolves all ecclesiastical synods or convocations.
This was an inherent prerogative of the crown, long before the time of
Henry VIII, as appears by the statute 8 Hen. VI. c. 1. and the many
authors, both lawyers and historians, vouched by sir Edward Coke[h].
So that the statute 25 Hen. VIII. c. 19. which restrains the
convocation from making or putting in execution any canons repugnant
to the king's prerogative, or the laws, customs, and statutes of the
realm, was merely declaratory of the old common law: that part of it
only being new, which makes the king's royal assent actually necessary
to the validity of every canon. The convocation or ecclesiastical
synod, in England, differs considerably in it's constitution from the
synods of other christian kingdoms: those consisting wholly of
bishops; whereas with us the convocation is the miniature of a
parliament, wherein the archbishop presides with regal state; the
upper house of bishops represents the house of lords; and the lower
house, composed of representatives of the several dioceses at large,
and of each particular chapter therein, resembles the house of
commons with it's knights of the shire and burgesses[i]. This
constitution is said to be owing to the policy of Edward I; who
thereby at one and the same time let in the inferior clergy to the
privilege of forming ecclesiastical canons, (which before they had
not) and also introduced a method of taxing ecclesiastical benefices,
by consent of convocation[k].
[Footnote h: 4 Inst. 322, 323.]
[Footnote i: In the diet of Sweden, where the ecclesiastics form one
of the branches of the legislature, the chamber of the clergy
resembles the convocation of England. It is composed of the bishops
and superintendants; and also of deputies, one of which is chosen by
every ten parishes or rural deanry. Mod. Un. Hist. xxxiii. 18.]
[Footnote k: Gilb. hist. of exch. c. 4.]
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