Constitutional History of England, Henry VII to George II. Volume 1 of 3Hallam, Henry
History
Constitutional History of England, Henry VII to George II. Volume 1 of 3
Hallam, Henry
Constitutional history -- Great Britain
[142] There are two curious entries in the Lords' Jour., 14th and 18th
of November 1549, which point out the origin of the new code of
ecclesiastical law mentioned in the next note: "Hodie questi sunt
episcopi, contemni se a plebe, audere autem nihil pro potestate suâ
administrare, eo quod per publicas quasdam denuntiationes quas
proclamationes vocant, sublata esset penitus sua jurisdictio, adeo ut
neminem judicio sistere, nullum scelus punire, neminem ad ædem sacram
cogere, neque cætera id genus munia ad eos pertinentia exequi auderent.
Hæc querela ab omnibus proceribus non sine moerore audita est; et ut
quam citissimè huic malo subveniretur, injunctum est episcopis ut
formulam aliquam statuti hâc de re scriptam traderent: quæ si consilio
postea prælecta omnibus ordinibus probaretur, pro lege omnibus
sententiis sanciri posset.
"18 November. Hodie lecta est billa pro jurisdictione episcoporum et
aliorum ecclesiasticorum, quæ cum proceribus, _eo quod episcopi nimis
sibi arrogare viderentur_, non placeret, visum est deligere prudentes
aliquot viros utriusque ordinis, qui habitâ maturâ tantæ rei inter se
deliberatione, referrent toti consilio quid pro ratione temporis et rei
necessitate in hac causa agi expediret." Accordingly, the Lords appoint
the Archbishop of Canterbury, the Bishops of Ely, Durham, and Lichfield,
Lords Dorset, Wharton, and Stafford, with Chief Justice Montague.
[143] It had been enacted, 3 Edw. 6, c. 11, that thirty-two
commissioners, half clergy, half lay, should be appointed to draw up a
collection of new canons. But these, according to Strype, ii. 303
(though I do not find it in the act), might be reduced to eight, without
preserving the equality of orders; and of those nominated in November
1551, five were ecclesiastics, three laymen. The influence of the former
shows itself in the collection, published with the title of _Reformatio
Legum Ecclesiasticûm_, and intended as a complete code of protestant
canon law. This was referred for revisal to a new commission; but the
king's death ensued, and the business was never again taken up. Burnet,
ii. 197; Collier, 326. The Latin style is highly praised; Cheke and
Haddon, the most elegant scholars of that age, having been concerned in
it. This however is of small importance. The canons are founded on a
principle current among the clergy, that a rigorous discipline, enforced
by church censures and the aid of the civil power, is the best safeguard
of a christian commonwealth against vice. But it is easy to perceive
that its severity would never have been endured in this country, and
that this was the true reason why it was laid aside; not, according to
the improbable refinement with which Warburton has furnished Hurd,
because the old canon law was thought more favourable to the prerogative
of the Crown. Compare Warburton's _Letters to Hurd_, p. 192, with the
latter's _Moral and Political Dialogues_, p. 308, 4th edit.
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