Public-domain · open source
OpenJurist

Supremacy

Dictionary of Terms and Phrases Used in American or English Jurisprudence · Benjamin Vaughan Abbott · 1879

Dictionary of Terms and Phrases Used in American or English Jurisprudence

Sovereign dominion, authority, and pre-eminence; the highest estate. King Henry VIII. was the first prince that shook off the yoke of Rome here in England, and settled the supremacy in himself, after it had been long held by the pope.

See 25 Hen. VIII. ch. 19, 20; 26 Hen. VIII. ch. 1; 1 Eliz. ch. 1.

By these laws, the great power of Rome was suppressed; and the act of 1 Eliz., Sir Edward Coke says {in Caudrey's Case, 5 Be.p. 9), was an act of restitution of the ancient jurisdiction ecclesiastical, which always belonged of right to the crown of England, and that it was not introductory of a new law, but declaratory of the old, and that which was, or of right ought to be, by the fundamental laws of this realm, parcel of the king's jurisdiction; by which laws the king, as supreme head, had full and entire power in all causes, ecclesiastical as well as temporal; and as, in temporal causes, the king doth judge by his judges in the courts of justice by the temporal laws of England, so, in causes ecclesiastical, they are to be determined by the judges thereof, according to the king's ecclesiastical laws. And, in this case, it was resolved by all the judges that, by our ancient laws, this kingdom is an absolute empire and monarchy, — consisting of one head, which is the king, and of a body politic, made up of many well-agreeing members; all of which the law divides into two several parts, — the clergy and the laity, — both of them of this politic body is furnished with prerogative and jurisdiction to render justice and right to every part and member of this body, of what estate or degree soever; otherwise, he would not be at the head of the 'whole.

Jacob.