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
The oath _ex officio_, binding the taker to answer all questions that
should be put to him, inasmuch as it contravened the generous maxim of
English law that no one is obliged to criminate himself, provoked very
just animadversion. Morice, attorney of the court of wards, not only
attacked its legality with arguments of no slight force, but introduced
a bill to take it away. This was on the whole well received by the
house; and Sir Francis Knollys, the stanch enemy of episcopacy, though
in high office, spoke in its favour. But the queen put a stop to the
proceeding, and Morice lay some time in prison for his boldness. The
civilians, of whom several sat in the lower house, defended a mode of
procedure that had been borrowed from their own jurisprudence. This
revived the ancient animosity between them and the common lawyers. The
latter had always manifested a great jealousy of the spiritual
jurisdiction, and had early learned to restrain its exorbitances by
writs of prohibition from the temporal courts. Whitgift, as tenacious of
power as the most ambitious of his predecessors, murmured like them at
this subordination, for such it evidently was, to a lay tribunal.[349]
But the judges, who found as much gratification in exerting their power
as the bishops, paid little regard to the remonstrances of the latter.
We find the reports of this and the succeeding reign full of cases of
prohibition. Nor did other abuses imputed to these obnoxious judicatures
fail to provoke censure, such as the unreasonable fees of their
officers, and the usage of granting licences, and commuting penances for
money.[350] The ecclesiastical courts indeed have generally been
reckoned more dilatory, vexatious, and expensive than those of the
common law. But in the present age that part of their jurisdiction,
which, though coercive, is professedly spiritual, and wherein the
greatest abuses have been alleged to exist, has gone very much into
disuse. In matrimonial and testamentary causes, their course of
proceeding may not be open to any censure, so far as the essential
administration of justice is concerned; though in the latter of these, a
most inconvenient division of jurisdictions, following not only the
unequal boundaries of episcopal dioceses, but the various peculiars or
exempt districts which the church of England has continued to retain, is
productive of a good deal of trouble and needless expense.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account