Ecclesiastical History of England, Volume 4—The Church of the Restoration [part 2]Stoughton, John
History
Ecclesiastical History of England, Volume 4—The Church of the Restoration [part 2]
Stoughton, John
Great Britain -- Church history
The second circumstance is that the High Court of Delegates was
restored upon the return of Charles II. This court, which had from
ancient times received secular appeals, acquired, in the reign of
Henry VIII., the power of deciding ecclesiastical appeals from all
ordinary ecclesiastical tribunals in England and Wales.[293] It
appears that the only court not within its appellate jurisdiction
was the Court of High Commission. Cases of doctrine, and cases of
discipline, unsatisfactorily litigated in the lower courts, came up
before this tribunal of delegates for final review and decision.
The constitution of the court was remarkable. Although exercising a
supreme ecclesiastical jurisdiction, the lay element preponderated.
Of the fifty-one Commissions between 1660 and 1688, two were composed
of Bishops and Civilians; eighteen included Bishops, Judges, and
Civilians; one contained Peers, Bishops, Judges, and Civilians; eleven
of the Commissions were directed to Civilians only, and nineteen
to Judges and Civilians.[294] It may be added that soon after the
Restoration the use of Latin was resumed in their proceedings. The
fact, with regard to the strong infusion of laical power into the
constitution of this important court, not only throws an instructive
light upon the relations of Church and State, but it proves that for
none of the acts of this court, at that time under consideration,
whether righteous or unrighteous, are the clergy to be held entirely
responsible; with some of them they had nothing whatever to do.
[Sidenote: ECCLESIASTICAL COURTS.]
It is to the Parliamentary Returns of the appeals made to the
delegates, that we are indebted for the knowledge of the following
ecclesiastical causes:--
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