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.]

FROM this prerogative also of being the head of the church arises the
king's right of nomination to vacant bishopricks, and certain other
ecclesiastical preferments; which will better be considered when we
come to treat of the clergy. I shall only here observe, that this is
now done in consequence of the statute 25 Hen. VIII. c. 20.

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: which right
was restored to the crown by statute 25 Hen. VIII. c. 19. as will more
fully be shewn hereafter.

CHAPTER THE EIG