A history of England principally in the seventeenth century, Volume 1 (of 6)Ranke, Leopold von
History
A history of England principally in the seventeenth century, Volume 1 (of 6)
Ranke, Leopold von
England -- Civilization -- 17th century; Great Britain -- History -- Stuarts, 1603-1714
In the first years of Henry VIII the Parliament had wished to do away
with some of the most startling exemptions of the clergy from the
temporal jurisdiction, for instance in reference to the crimes of
felony and murder; the ecclesiastics had on the other hand extended
their jurisdiction yet further, even to cases that had reference
solely to questions of property. Hence the antagonism between the two
jurisdictions had revived at that time with bitter keenness. It is
noticeable that the temporal claims were upheld by a learned Minorite,
Henry Standish, who declared it to be quite lawful to limit the
ecclesiastical privileges for the sake of the public good; especially
in the case of a crime that did not properly come before any spiritual
court. Both sides then applied to the King: the ecclesiastics reminded
him that he ought to uphold the rights of Holy Church, the laymen that
he should maintain the powers of jurisdiction belonging to the crown.
The King's declaration was favourable to the laymen; he recommended
the clergy to acquiesce in some exceptions from their decretals. But
the contest was rather suspended than decided. Wolsey's government
followed, in which the spiritual courts extended their powers still
further, and in reality exercised an offensive control over all the
relations of private life. Even the ecclesiastics did not love his
authority: they acquiesced in it because it was ecclesiastical: the
laity endured it with the utmost impatience.
It was inevitable that at the first fresh assembly of a Parliament
these contests about jurisdiction should be mentioned. The Lower House
began its action with a detailed charge against the spiritual courts,
not merely against their abuses and the oppression that arose from
them, but against their very existence and their legislation; the
clergy made laws without the King's foreknowledge, without the
participation of any laymen, and yet the laity were bound by them. The
King was called on to reconcile his subjects of the spiritual and
temporal estate with each other by good laws, since he was their sole
head, the sovereign, lord and protector of both parties.
It was a slight phrase,[107] 'the sole head of his subjects spiritual
and temporal,' but one of the weightiest import. The very existence of
the clergy as an order had hitherto depended precisely on their claim
to a legislative power independent of the temporal supremacy as being
their original right: on its universal maintenance rested the Papacy
and its influence on the several countries. Were the clergy now to
leave it to the King, who however only represented the temporal power,
to adjust the differences between their legislation and that of the
state? Were they, like the laity, virtually to recognise him as their
Head?
Public-domain text, read in full here on John Shaqi.
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