the Bishop of Norwich my college testimonials, with all papers required of candidates for holy orders. Without troubling your Majesty with a detail of circumstances, as vexatious as unjust, which I have experienced; it is with unfeigned sorrow that necessity obliges me to inform your Majesty that the late Archbishop, ten years ago, sent to the several bishops, without informing me, cautioning them not to ordain me without reference to himself. This reference is now impossible, his Grace being dead. The Bishop of Norwich states, that he cannot ordain me unless the present Archbishop of his diocese removes this caution or caveat, which his Grace does not appear willing to do, without the authority of your Majesty. I, therefore, earnestly invoke your Majesty, as head of the church, and father of your people, graciously to consider my prayer, to remove this hindrance to my obtaining episcopal ordination; in order that your Majesty's Royal prerogative may secure to me the privileges and rights of a denizen and of a British graduate. Sire, I have the honour, with dutiful respect, Your Majesty's Obedient, faithful, and loyal Petitioner, Bracondale House, Norwich, November 27th, 1830. JAMES ABBOTT. The following is Lord Melbourne's reply: SIR, "Whitehall, 29th December, 1830. "I am directed by Lord Melbourne to acknowledge the receipt of your letter of the 27th instant, and to inform you that his Lordship cannot advise the King to give any command for controlling the judgment of a bishop on the subject of ordination to holy orders. "I am, Sir, "Your obedient humble Servant, "JAMES ABBOTT, ESQ. "Bracondale House, Norwich." Before I make any remark on this letter, I will give the substance of the Act of Supremacy, with a few quotations from Judge Blackstone : "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; yet, nevertheless, for conformation and corroboration thereof, and increase of virtue in Christ's religion within 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 honours, dignities, immunities, profits, and commodities, to the said dignity of supreme head of the said 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, redress, reform, order, correct, restrain, and amend all such errors, heresies, abuses, contempts, and enormities whatsoever they be, which, by any manner of spiritual authority or jurisdiction, ought or may be lawfully reformed, repressed, ordered, redressed, corrected, restrained, or amended, most to the pleasure of Almighty God, and increase of virtue in Christ's religion, and for the convention of peace, unity, and tranquillity of this realm, any usage, custom, foreign law, foreign authority, presumption, or any thing or things to the contrary notwithstanding." Now, what am I to understand by this Act? That the king is not supreme head of the Church of * Though papists repudiate the oath of supremacy, as inconsistent with their allegiance to the pope, every loyal protestant may conscientiously take it, with the explication, that no more is intended than that his Majesty, under God, has the sovereignty and rule over all persons born in his dominions, either ecclesiastical or temporal, so as no foreign power has, or ought to have, any superiority over them. In this sense, and no other, I willingly take it. England; that he has not power and authority to visit, repress, and redress errors; that it is not his duty to order, correct, restrain, and amend all abuses, contempts, and enormities whatsoever ? It would seem that this is Lord Melbourne's view of it.Let us see what opinion Judge Blackstone entertains on this matter: "The king is," he says, "considered by the laws of England, as the head and supreme governor of the national church. 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. it is enacted, that the king shall be reputed the only supreme head, on earth, of the Church of England, and shall have annexed to the imperial crown of this realm, as well as the title and style thereof, as all jurisdictions, authorities, and commodities, to the said dignity of supreme head of the church appertaining. And another statute of 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. "From this prerogative also, of being head of the church, arises the king's right of nomination to vacant bishoprics, and certain other ecclesiastical preferments. "As head of the church, the king is likewise the DERNIER RESORT in all ecclesiastical causes; an appeal lying ultimately to him in Chancery from the sentence of every ecclesiastical judge. What will Lord Melbourne say to this? Let us further see what the learned lawyer says on the duty of a king :- "The principal duty of a king," says the judge, "is to govern his people according to law. Nec regibus infinita aut libera potestas, was the constitution of our German ancestors on the continent. And this is not only consonant to the principles of nature, of liberty, of reason, and of society; but has always been esteemed an express part of the common law of England. But, "The king of England must rule his people according to the decrees of the laws thereof. to obviate all doubts and difficulties concerning this matter, it is expressly declared by statute 12 and 13 Wil. III. c. 2. that the laws of England are the birthright of the people thereof; and all the kings and queens, who shall ascend the throne of this realm, ought to administer the government of the same according to the said laws; and all their officers and ministers [mark this, Lord Melbourne,] ought to serve them respectively, according to the same: and therefore all the laws and statutes of this realm, for securing the established religion, and the rights and liberties of the people thereof, and all other laws and statutes of the same now in force, are ratified and confirmed accordingly." Blackstone, vol. i. b. i. c. 7. + Tac. de mor. Germ. c. 7. |