Substance of the Speech of Sir Charles Wetherell Before the Lords of the Privy
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The King might have granted a commission to hear and 65 determine ecclesiastical causes ; but then, notwith- standing any clause in their commission, the Com- missioners ought to proceed according to the eccle- siastical law allowed within the realm, for he " can- " not alter neither his temporal nor his ecclesiastical ' ' laws within this realm by his grant or commission. " The principle here laid down is, that the King can- not by his great seal alter his ecclesiastical laws, either in his ex...ecutive capacity as head of the Church or head of the civil state, for the one is not contradistinguished from the other. As a rule of law, I have never heard this questioned, nor do I believe it ever has been ; but we must not only in- quire what are the powers of the Crown on this important subject, but what are its direct duties as head of the Church ; for it is undeniable, and must not be forgot, that this capacity of supreme head of the Church is not an abstract idea, but a practical principle of the constitution.
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