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pronounced illegal (n), and a coronation oath enacted which is to be administered by one of the archbishops or bishops to the sovereign, who must swear to govern the people according to the statutes in parliament agreed on, and the laws and customs of the kingdom, to maintain the religion established by law, and preserve the rights and privileges of the bishops and clergy (o).

This supremacy was further defined by the oath of allegiance and supremacy as set forth in 21 & 22 Vict. c. 48, s. 1. "I, A. B., do swear that I will be faithful and bear true allegiance to her majesty queen Victoria, and will defend her to the utmost of my power against all conspiracies and attempts whatever which shall be made against her person, crown or dignity, and I will do my utmost endeavour to disclose and make known to her majesty, her heirs and successors, all treasons and traitorous conspiracies which may be formed against her or them; and I do faithfully promise to maintain, support and defend, to the utmost of my power, the succession of the crown, which succession, by an act intituled An Act for the further limitation of the crown, and better securing the rights and liberties of the subject,' is and stands limited to the princess Sophia, electress of Hanover and the heirs of her body being protestants, hereby utterly renouncing and abjuring any obedience or allegiance unto any other person claiming or pretending a right to the crown of this realm; and I do declare 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 this realm: and I make this declaration upon the true faith of a christian. So help me God."

This oath, however, has been again altered by 31 & 32 Vict. c. 72; and now the oath of allegiance is as follows: "I, do swear that I will be faithful and bear true allegiance to her majesty queen Victoria, her heirs and successors, according to law. So help me God."

(n) 1 W. & M. sess. 2, c. 2.

(0) 1 W. & M. c. 6; 6 Ann. cc. 8,

11.

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CHAPTER III.

JUS ECCLESIASTICUM.

What this is. THE rules and laws which relate to the ministrations and government, rights and obligations of a church established in a state are properly denominated jus ecclesiasticum; under which head are included, not only the canons and ordinances made by ecclesiastical authority, but also the civil laws and the customs, general and local, which affect the church, and which cannot with strict propriety be included under the usual title jus

Law by which the church is governed.

canonicum.

This observation applies with particular force to the law of the English Church; for in England the law of the church and the state are, with few exceptions, the same.

Jus ecclesiasticum admits of various divisions: considered as to its origin, it is either divine or human, modern or recent: as canonists say, antiquum, novum, novissimum: considered as to its object, it is either public or private.

(1.) Jus publicum ecclesiasticum determines the authority of the universal church and those who govern it. (2.) Jus privatum ecclesiasticum is concerned with the rights and duties of individual members of the church. Jus publicum also admits of a subdivision into internal and external:-the former being concerned with the constitution of the church relatively to the members of it; the latter being concerned with the relations of the church to the state and to other religious bodies not directly· connected with herself.

The rights and duties arising from these latter relations will be discussed in later chapters (a): the former relations, viz., those arising from the union of the church with the state, will be considered in connection with the exposition of the law which governs each institution or function of the church.

(a) Vide infra, Part X.

CHAPTER IV.

THE SOURCES OF THE LAW OF THE CHURCH OF ENGLAND.

An examination of the laws by which the Church of England is governed leads to two certain conclusions:-

1. That she has adhered in all matters of importance to the General general principles of the law of the Eastern and Western principles of Church.

the law of the Church

2. That she has at all times before and since the Reformation of England. claimed the right of an independent church in an independent kingdom, to be governed by the laws which she has deemed it expedient to adopt.

In the case of Martin v. Mackonochie (a) the judge of the Court of Arches said as follows:-"In the history of no kingdom is the independence of the national church written with a firmer character than in that of England, in the statutes of the realm, in the decisions of judicial tribunals, and the debates of parliament.

"The Constitutions of Clarendon, in Henry the second's reign (A.D. 1164), though directly aimed at the repression of the inordinate claims and privileges of the national church, were, no doubt, indirectly 'calculated,' as Hume observes, 'to establish the independency of England on the papacy;' and, therefore, when the king sought Pope Alexander's ratification of them, that pontiff annulled and rejected all but six out of the sixteen memorable articles.

"The resistance of Beckett, and, still more, the general feeling excited by the wicked and impolitic murder of that prelate, procured the practical abrogation of the articles objected to, by the enactments of Edw. I. and III., of Rich. II., of Hen. IV. and V., and of Edw. IV.

"But in the severe penalties attached to the statutes of provisors and præmunire may be read the steady determination of the English people to maintain an independent national church, and to resist the ultramontane doctrines which had taken root in some other countries.

"The Statute of Provisors (25 Edw. III., st. 6 (b), A.D. 1350) recites that 'the Holy Church of England' was founded in the 'estate of prelacy within the realm of England' by the king

(a) L. R., 2 Adm. & Eccl. p. 116, at pp. 150-155.

(b) 25 Edw. 3, st. 4, in "The Statutes Revised."

CHAPTER III.

JUS ECCLESIASTICUM.

What this is. THE rules and laws which relate to the ministrations and government, rights and obligations of a church established in a state are properly denominated jus ecclesiasticum; under which head are included, not only the canons and ordinances made by ecclesiastical authority, but also the civil laws and the customs, general and local, which affect the church, and which cannot with strict propriety be included under the usual title jus

Law by which the church is governed.

canonicum.

This observation applies with particular force to the law of the English Church; for in England the law of the church and the state are, with few exceptions, the same.

Jus ecclesiasticum admits of various divisions: considered as to its origin, it is either divine or human, modern or recent: as canonists say, antiquum, novum, novissimum: considered as to its object, it is either public or private.

(1.) Jus publicum ecclesiasticum determines the authority of the universal church and those who govern it. (2.) Jus privatum ecclesiasticum is concerned with the rights and duties of individual members of the church. Jus publicum also admits of a subdivision into internal and external:-the former being concerned with the constitution of the church relatively to the members of it; the latter being concerned with the relations of the church to the state and to other religious bodies not directly connected with herself.

The rights and duties arising from these latter relations will be discussed in later chapters (a): the former relations, viz., those arising from the union of the church with the state, will be considered in connection with the exposition of the law wh governs each institution or function of the church.

(a) Vide infra, Part X.

thereof, without restraint or provocation to any foreign princes or potentates of the world; the body spiritual whereof having power, when any cause of the law divine happened to come in question, or of spiritual learning, then it was declared, interpreted, and showed by that part of the said body politic called the spiritualty, now being usually called the English Church, which always hath been reputed, and also found of that sort, that both for knowledge, integrity, and sufficiency of number, it hath been always thought, and is also at this hour sufficient, and meet of itself, without the intermeddling of any exterior person or persons, to declare and determine all such doubts, and to administer all such offices and duties as to their rooms spiritual doth appertain; for the due administration whereof, and to keep them from corruption and sinister affection, the king's most noble progenitors, and the antecessors of the nobles of this realm, have sufficiently endowed the said church both with honour and possessions; and the laws temporal for trial of property of lands and goods, and for the conservation of the people of this realm in unity and peace, without rapine or spoil, was and yet is administered, adjudged, and executed by sundry judges and ministers of the other part of the said body politic, called the temporalty; and both their authorities and jurisdictions do conjoin together in the due administration of justice, the one to help the other.'

"At the period of the Reformation the national church intro- Denial of duced an express denial of the authority of the pope, henceforth papal authority. called in all public acts and documents the Bishop of Rome,into her articles and canons, and an acknowledgment of the temporal supremacy of the crown over the ecclesiastical as well as the civil state. Henry VIII. was excommunicated, and in the bull his subjects were commanded to renounce their allegiance, and the nobles were ordered sub ejusdem excommunicationis ac perditionis bonorum suorum pœnis,' to unite with all christian princes in expelling Henry from England. Elizabeth was excommunicated in pretty similar terms, but not until twelve years after her accession. In answer to a request from the emperor and other Roman Catholic princes, that she would allow the Roman Catholic places of worship, she replied that she would not allow them to keep up a distinct communion, alleging her reasons in these remarkable words, for there was no new faith propagated in England; no religion set up but that which was commanded by our Saviour, practised by the primitive church, and unanimously approved by the fathers of the best antiquity.' The Roman Catholics, both in England and Ireland, appear to have outwardly conformed to the services of the church for about ten years.

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"The peculiar character of the English people and the English Church is also strongly shown in their determination not to admit the general body of the canon law into these realms, but only such portions of it as were consistent with the constitution,

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