Page:Prerogatives of the Crown.djvu/73

 Ch. v.] Head of the Church, 53 assented to by the King, if contrary to the common or statute law, or any custom of the realm (a). As the laity are not re- presented by any portion of the members of the Convocation or Synod, canons are not propria vigore, binding on the laity (b). The consent of the people is not included in the royal confirmation of the canons (c). Ecclesiastics, and the ecclesiastical laws, and the execution of them, are peculiarly subject to the royal authority and superintendence, though the King does not execute this pre- rogative in person. Thus, the King has in general the power of visiting and reforming abuses in the church {d through the medium of the Lord Chancellor, or of Commissioners appoint- ed under the Great Seal. Free chapels, hospitals, and dona- tions of the King's foundation, are visitable only by his Ma- jesty ; and where a King and a subject join in a foundation, the King shall visit, for he is founder (e). The right and power of the Crown to dispense with the ecclesiastical law, in matters not repugnant to the law of God, existed before the time of Henry the Eighth {/), and still exists, notwithstanding the statute 25 Hen. 8. c. 21. which vests a right to grant dispensations in the Archbishop of Can- terbury, for there are no words in the statute expressly depriv- ing the King of his prerogative, who enjoys it concurrently with the Archbishop of Canterbury (g). This power is confined to ecclesiastical regulations, and does not apply where any ex- press provisions are pointed out by a statute with which the King cannot dispense {h) ; but in most ecclesiastical affairs the power applies. Thus, the King may grant an exemption from the visitation and jurisdiction of the ordinary (f ), might enable a bastard to be a priest (^), and may grant dispensations in («) 12 Co. 72. 4 Inst. 322. 25 Hen. (g) See Ibid, Hob. 146. Cro. EI. 8. c. 19. Stra. 1058. 542, 601. Moore, 542. Com, Dig. {b) Stra. 1056. ubi supra D. (D. 19.) (c) Ibid. See further as to Convoca- (A) See post, ch. 7. And see sect. 6 of tions or Synods. Burn's Eccl. Law, tit. the 25 Hen. 8. c. 21, when the Archbi- Convocation. shop's dispensations must be confirmed. (</) Com. Dig. title Visitor j and see And Com. Dig. ubi supra, D. (D. 19, post. 55, 20.) (e) Ibid. 2 Inst. 68. (i) Dav. 73, a. (/) Dav. 70, b. and 73. Godb. 108. (A) Hob. R. 147. 17 Vin. Ab. 255. Com. Dig. Prerogative, D. (D. 29), 6 1 Burn, Eccl. Law, title Benefice, 3, V. 38. Vio. Ab. Prerogative, K. f. 17 page 156. But now he may be a pricbt Vol. 255. 2 Burn's Eccl. Law, 164. without. 1 Bla. Cum. 458, 9. commcndam.