Sketch of the Reformation in EnglandBlunt, John J. (John James)
History
Sketch of the Reformation in England
Blunt, John J. (John James)
Great Britain -- Church history; Reformation -- England
Nor was this all. Nothing contributes so much to disgust the public
mind with the existing order of things as the faulty administration
of justice. Let the people have justice purely, unexpensively, and
expeditiously administered, and what chiefly concerns them in the
government of a country is obtained. “I crave the law,” is the demand
of any stout-hearted nation, and having gained this object, they are
at peace. Now the ancient county-court was simple and satisfactory in
its practice--it was the natural growth of the soil; suited to the
wants of Englishmen, and consecrated by immemorial usage. The judiciary
system introduced by the pope, on the other hand, into the diocesan
courts, of which rescripts from Rome and (subsequently when the books
of the civil law had been discovered) the old Roman jurisprudence were
the basis, was tedious, costly, and what was perhaps worse than all,
novel.[105] Even of those who had to administer it, there were some who
did it reluctantly, strove to evade it, and adopted the trial by jury
instead of the subtleties of the Roman law; but these innovations were
accounted heretical, and prohibitions were issued against Grosthead,
Bishop of Lincoln, and others, who had the courage or temerity to
attempt them.[106] Still it was one thing to silence, and another to
satisfy. Much inconvenience was felt by the people in consequence
of “the law’s delay,” and a proportionate desire was created for a
reformation of the system. The rolls of parliament, from Edward III.
to Henry VIII., present numerous complaints to the Commons on the
difficulties attending the probate of wills; and such there well might
be, when, in addition to the parties already mentioned, the bishop and
the legate, each of whom asserted his own exclusive right of probate,
and referred his cause to the pope, a third party stepped in, under the
title of _legatus e latere_, or special legate, who in his turn,
contested the privileges of the _legatus natus_, and urged his
own superior claim to the cognisance of all testamentary matters.[107]
Nor were the grievances touching property more onerous than those
which regarded domestic relationship. The regulations of marriage were
intricate and vexatious: whilst it was maintained to be in itself a
sacrament, and so indissoluble, the prohibited degrees were studiously
multiplied, and thereby a pretence was furnished for a dissolution
whenever it should be the pope’s pleasure to pronounce it. Thus did
he hold in his hands, and determine by his legate, or by the dean of
the arches, the legate’s deputy, the legitimacy of children, and the
succession of families, separating those whom no man had a right to put
asunder, and giving his sanction to unions which nature and Scripture
forbade.
Public-domain text, read in full here on John Shaqi.
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