the passage of the famous premunire act, and the reign of Henry VIII.; but the struggle for the mastery between the popes continued with doubtful or alternate victories till the reign of this monarch.

The statutes of premunire were extended to various ecclesiastical offences in the reigns of Elizabeth and her father; such as the appointment of bishops refusing to take the oath of supremacy, carrying crosses and such things to be blessed by the pope, aiding Jesuits, and the like. (See Burnet's Hist. Ref. b. ii, vol. i, p. 140, &c. Blackstone's Com. b. iv, c. viii, p. 103-118. Jacob's Law Dict. on premunire.). The original meaning of the offence called premunire was introducing a foreign power into England, and creating imperium in imperio, by paying that obedience to the pope which constitutionally belonged to the king, long before the Reformation in the reign of Henry VIII. The penalty for this offence of premunire was according to Coke,-"That from the conviction, the defendant shall be out of the king's protection, and his lands and tenements, goods and chattels forfeited to the king, or that his body shall remain in prison at the king's pleasure." 1 Inst. 129.

4. While the debates and proceedings respecting the divorce from Queen Catharine by Henry VIII. were pending, all appeals to Rome were cut off, by act of parliament in consequence of the evasions of the pope and his advisers. An act was passed in 1533, (24 Hen. VIII., act xxii,) against appeals to the pope, which widened the breach between the pope and Henry. The preamble declares,— "That the crown of England was imperial, and that the nation was a complete body within itself, with a full power to give justice in all cases, spiritual as well as temporal; and that in the spirituality, as there had been at all times, so there were then, men of that sufficiency and integrity, that they might declare and determine all doubts within the kingdom; and that several kings, as Edward I., Edward III., Richard II., and Henry IV., had by several laws preserved the liberties of the realm, both spiritual and temporal, from the annoyance of the see of Rome, and other foreign potentates; therefore it was enacted that all such cases, whether relating to the king or any of his subjects, were to be determined within the kingdom, in the several courts to which they belonged, notwithstanding any appeals to Rome, or inhibitions and bulls to Rome; whose sentences should take effect, and be fully executed by all inferior ministers and if any spiritual persons refused to execute them because of censures from Rome, they were declared liable to the pains in the statute of provisions in the sixteenth of Richard II. But that appeals should only be from the archdeacon, or his official, to the bishop of the diocese, or his commissary, and from him to the archbishop of the province, or the dean of the arches ; where the final determination was to be made without any farther process; and in every process concerning the king, or his heirs and successors, an appeal should lie to the upper house of convocation, where it should be finally determined never to be again called in question." (Burnet Hist. Ref. b. ii, vol. i, p. 167.)

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It may be proper to mention here what occurred in the year 1531. Cardinal Wolsey, two years previous to this time, by exercising his legantine powers, fell into a premunire, by which his property was forfeited to the king. In this year, those who had appeared in his

courts, and had suits there, were also found in the same guilt by the law; and they were excepted out of the pardon that was granted under the former parliament. Therefore an indictment was brought into the king's bench against all the clergy of England, for breaking the statutes against provisions and provisors. By this their goods and chattels were forfeited to the king, and their persons liable to arrest and confinement during the king's pleasure. The convocations of York and Canterbury took the subject into consideration; they demanded a considerable sum of money, in lieu of the forfeiture of their goods, or that they should acknowledge the king as protector and supreme head of the church and clergy of England, and reject the pope's supremacy in England. The last met with some opposition from both the convocations; but they finally agreed to give the subsidy, and acknowledge the ecclesiastical headship of the king. The convocation of Canterbury prayed the king to accept of the sum of 100,000l. in lieu of all punishments which they had incurred by going against the statutes of provisors, and did promise for the future, neither to make nor execute any constitution without the king's license; upon which he granted them a general pardon. The convocation of the province of York offered 18,8407., with another submission of the same nature, and were also pardoned. This prepared the way for the passage of the act mentioned in the preceding paragraph. Thus the king pardoned the clergy on their submission; and they acknowledged him protector and supreme head of the church and clergy of England. They rejected the supremacy of the pope, but substituted for its place that of the king. (Burnet Hist. Ref. b, ii. vol. 1, p. 140, 149.)

Let any one compare the bishops' oath of supremacy to the pope and that taken by the bishops to Henry in 1532, and he will perceive that the bishops only changed their masters, without much change in their principles. Our limits do not allow us to enlarge. We refer our readers for both the oaths to Burnet (b. ii, vol. 1, p. 163.)

It may be proper to state here that, in the end of January 1533, King Henry sent to the pope for the bulls for Cranmer's promotion; and though the statutes were passed against procuring more bulls from Rome, yet the king resolved not to begin the breach till he was forced to it by the pope. His holiness was not hearty in this promotion; yet, to prevent a rupture with England, he consented, and the bulls were expedited, though, instead of annates, there were only 900 ducats paid for them. They were the last bulls that were received in this king's reign. By one bull Cranmer is, upon the king's nomination, promoted to be archbishop of Canterbury, and it is directed to the king. By a second, directed to himself, he is made archbishop. By a third, he is absolved from all censures. A fourth, is to the suffragans. A fifth, to the dean and chapters. A sixth, to the clergy of Canterbury. A seventh, to all the laity in the see. An eighth, to all that held lands of it, requiring them to receive and acknowledge him as archbishop. All these bear date 21st Feb. 1533. By a ninth bull of Feb. 22d, he was appointed to be consecrated, and to take the oath that was in the pontifical. By a tenth bull, of March 2d, the pall was sent him.

And by an eleventh, of the same date, the archbishop of York and the bishop of London were required to put it on him. Such were the several artifices employed to enrich the apostolic chamber. When the bulls were brought to London, Cranmer was consecrated on the 30th of March, 1533. He scrupled to take the oath of obedience to the pope; but, after being permitted to make a protestation respecting his sense of it, he took the oath and was consecrated. "By which," says Bishop Burnet, "if he did not wholly save his integrity, yet it was plain he intended no cheat, but to act fairly and aboveboard." Such were the sentiments of the times, that the grossest inconsistencies seem to have been practised without much examination or disgust.

In March, 1534, an act was passed by parliament which, among other things, declares and enacts,-"That the intolerable exactions for Peter-pence, provisions, pensions, and bulls, were contrary to the laws, and grounded only on the pope's power of dispensing, which was usurped. But the king and the lords and commons only had power to dispense or abrogate laws. That the two archbishops might grant no licenses for new things till they were first examined by the king and his council." In short, Henry VIII. modelled the church as he thought fit; and it was well he had such a counsellor as Cranmer. The Church of England was rescued from the grosser popery by this wicked man; but much of its spirit and practice remained. (See Burnet, b. ii, vol. 1, p. 191.)

5. But the act of supremacy which passed in the year 1535, and the 26th of Henry VIII., laid the foundation on which the peculiar polity of the Church of England was built. The various acts of premunire prepared the way; but this act cast the mould into which the church was formed, by establishing fully the supremacy of the British monarch, in making him the supreme head of the church, and in robbing the clergy of almost all part or lot in ecclesiastical matters, except as they may act as counsellors, delegates, or creatures of the crown or parliament. The substance of this act, as quoted by Neal in his History of the Puritans, is as follows. "Albeit the king's majesty justly and rightly is and ought to be supreme head of the Church of England, and is so recognised by the clergy of this realm in their convocations; yet, nevertheless, for confirmation and corroboration thereof, and for increase of virtue in Christ's religion in this realm of England &c.; be it enacted by the authority of this present parliament, that the king, our sovereign lord, his heirs and successors, kings of this realm, shall be taken, accepted, and reputed the only supreme head on earth of the Church of England; and shall have and enjoy, annexed and united to the imperial crown of this realm, as well as the title and style thereof, as all honors, dignities, immunities, profits, and commodities, to the said dignity of supreme head of the church belonging and appertaining; and that our sovereign lord, his heirs and successors, kings of this realm, shall have full power and authority to visit, repress, reform, order, correct, restrain, and amend all such errors, heresies, abuses, contempts, and enormities, whatever they be, which, by any manner of spiritual authority or jurisdiction, ought or may be lawfully reformed, repressed, ordered, corrected, restrained or amended, most to the pleasure of almighty

God, and increase of virtue in Christ's religion, and for the conservation of peace, unity, and tranquillity of this realm; any usage, custom, foreign law, foreign authority, prescription, or any thing or things to the contrary notwithstanding." (Neal's Hist. Pur. vol. i, p. ii, Bath, 1793.) The substance of what is contained in this act was already acknowledged by the clergy; but this act gives it a regular form. Bishop Burnet expresses the most material parts of the act of supremacy in the following words ::- "That the king was the supreme head on earth of the Church of England, which was to be annexed to his other titles; it was also enacted that the king and his heirs and successors should have power to visit and reform . all heresies, and other abuses which in the spiritual jurisdiction ought to be reformed." (Burnet, b. ii, vol. 1, p. 207.) Here was the rise of the reformation of the English Church. The whole power of reforming, repressing, punishing heresies and errors, in doctrine and worship, and indeed in every thing that referred to religion, was transferred to the king from the pope, without any regard to the rights of councils or synods of the clergy, or the rights, privileges, or creed of the people. It is more than useless to say the power was a civil one; when the act expressly says, it was such as any manner of spiritual authority or jurisdiction ought or may do. It is therefore mere trifling for successionists to assert that the power exercised by the king is civil, when, in its exercise, he can regulate the concerns of the church to any extent to which any ecclesiastical power can or ever did exercise; and that, too, in opposition to the views and decisions of all the ecclesiastical power which the English clergy can use, whether as convocations, bishops, clergy, or people. It is true, the change after all was for the better, but by no means such a one a Scripture or reason would justify, whatever successionists may say to the contrary. Indeed, when arguing in favor of this scheme, they studiously avoid to follow the line of succession. And he that attempts to follow it, will be bewildered in the abominations and heresies of popes, and kings, and prelates, who have usurped, not only the lawful authority of the pastors and sheep of Christ's flock; but they have invaded the headship of Jesus Christ himself, who in time will dethrone them, and deliver his flock and pastors out of their hands. But we have not yet scarcely touched the heresies and schisms of the system; we will therefore proceed in our undertaking. Indeed we will need to argue very little on this subject, as the reader, from the facts which we will adduce, will see at once that the succession originated in pride and usurpation, was continued by tyranny and corruption, and will perish in proportion as knowledge and pure religion shall prevail on our earth.

By another statute, (32 Henry VIII., c. xxvi,) passed in 1541, it was enacted, "That all decrees and ordinances which shall be made and ordained by the archbishops, bishops, and doctors, and shall be published with the king's advice and confirmation, by his letters patent, in and upon the matters of Christian faith, and lawful rites and ceremonies, shall be in every point thereof believed, obeyed, and performed to all intents and purposes, upon the pains therein comprised; provided nothing be ordained contrary to the laws of the realm." (Neal, vol. 1, p. 33, 34.) By this act the king was invested

with the infallibility of the pope; and had the consciences and faith of his people at his absolute disposal. Observe, too, that he was under no control from the people and clergy; and no other ecclesiastical person or persons could do any thing in reference to the faith and government of the church without the king's consent.

The pope, at this period of the Church of England, is discharged from all jurisdiction and authority in the church; but a like authority is vested in the king. On this topic we will take the liberty to give a quotation from Neal, who wrote the history of the Puritans ; and though he may in some things have leaned too far to the opposite side from high Churchmen, his observations here will be in point. "His majesty's injunctions," says he, "are as binding as the pope's canons, and upon as severe penalties. He is absolute lord of the consciences of his subjects. No bishop or spiritual person may preach any doctrine but what he approves; nor do any act of government but by his special commission. This seems to have been given his majesty by the act of supremacy; and is farther confirmed by one of the last acts of his reign, (37 Hen. VIII, c. 17,) which declares, 'that archbishops, bishops, archdeacons, and other ecclesiastical persons have no manner of jurisdiction ecclesiastical but by, from, and under his royal majesty; and that his majesty is the only supreme head of the Church of England and Ireland, to whom, by holy Scripture, all authority and power is wholly given to hear and determine all manner of causes ecclesiastical, and to correct all manner of heresies, errors, vices, and sins whatever; and to all such persons as his majesty shall appoint thereto." This was carrying the regal power to the utmost length. Here is no reserve of privilege for convocations, councils, or colleges of bishops; the king may ask their advive, or call them in to his aid and assistance, but his majesty has not only a negative voice upon all their proceedings, but may himself, by his letters patent, publish injunctions in matters of religion, for correcting all errors in doctrine and worship-his proclamations have the force of a law, and all his subjects are obliged to believe, obey, and profess according to them, under the highest penalties." (Neal's Hist. Pur. vol. i, p. 37.)

6. The oath of supremacy, as it was made when the bishops did homage in the time of King Henry VIII, which is on record, and is among Mr. Rymer's manuscripts, will give us additional light into the submission of the clergy, and the supremacy of the king. We give it as it is found in Burnet's Collection of Records, in the ancient English orthography and style. That part of the oath is given which refers to the supremacy, as this only is necessary to our present discussion. "And also I acknowledge and recognize your majestie ymmediately under almighty God, to be the chief and supreme hede of the Church of England, and clayme to have the Bishopriche of alanlye of your gift: and to have and to hold the profites temporal and spiritual of the same alanlye of your majestie, and of your heires, kings of this realme, and of none other: And in that sorte and none other, I shall take my restitution out of your handes accordinglye, utterly renouncing any other suit to be had herefere to any other creature liffying, or hereafter to be except your heires." (Hist. Ref. vol. iii, b. iv, col. v.) Here the