Commentaries on the Laws of England, Book the FirstBlackstone, William, Sir
History
Commentaries on the Laws of England, Book the First
Blackstone, William, Sir
Law -- England; Law -- England -- History
BESIDES these pontificial collections, which during the times of
popery were received as authentic in this island, as well as in other
parts of christendom, there is also a kind of national canon law,
composed of _legatine_ and _provincial_ constitutions, and adapted
only to the exigencies of this church and kingdom. The _legatine_
constitutions were ecclesiastical laws, enacted in national synods,
held under the cardinals Otho and Othobon, legates from pope Gregory
IX and pope Adrian IV, in the reign of king Henry III about the years
1220 and 1268. The _provincial_ constitutions are principally the
decrees of provincial synods, held under divers arch-bishops of
Canterbury, from Stephen Langton in the reign of Henry III to Henry
Chichele in the reign of Henry V; and adopted also by the province of
York[x] in the reign of Henry VI. At the dawn of the reformation, in
the reign of king Henry VIII, it was enacted in parliament[y] that a
review should be had of the canon law; and, till such review should be
made, all canons, constitutions, ordinances, and synodals provincial,
being then already made, and not repugnant to the law of the land or
the king's prerogative, should still be used and executed. And, as no
such review has yet been perfected, upon this statute now depends the
authority of the canon law in England.
[Footnote x: Burn's eccl. law, pref. viii.]
[Footnote y: Statute 25 Hen. VIII. c. 19; revived and confirmed by 1
Eliz. c. 1.]
AS for the canons enacted by the clergy under James I, in the year
1603, and never confirmed in parliament, it has been solemnly adjudged
upon the principles of law and the constitution, that where they are
not merely declaratory of the antient canon law, but are introductory
of new regulations, they do not bind the laity[z]; whatever regard the
clergy may think proper to pay them.
[Footnote z: Stra. 1057.]
THERE are four species of courts in which the civil and canon laws are
permitted under different restrictions to be used. 1. The courts of
the arch-bishops and bishops and their derivative officers, usually
called in our law courts christian, _curiae christianitatis_, or the
ecclesiastical courts. 2. The military courts. 3. The courts of
admiralty. 4. The courts of the two universities. In all, their
reception in general, and the different degrees of that reception, are
grounded intirely upon custom; corroborated in the latter instance by
act of parliament, ratifying those charters which confirm the
customary law of the universities. The more minute consideration of
these will fall properly under that part of these commentaries which
treats of the jurisdiction of courts. It will suffice at present to
remark a few particulars relative to them all, which may serve to
inculcate more strongly the doctrine laid down concerning them[a].
[Footnote a: Hale Hist. c. 2.]
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