The "legal History" of Canon Stubbs: Being the Basis of the New Scheme of Ecclesiastical Courts Proposed by the Royal Commissioners of 1881-3 |
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appel comme d'abus appointed Archbishop Tait Arches Arches Court assent assessor authority of Parliament Beckett Bill Bishop Wilberforce Burnet C. L. Wood Canon law Canon Stubbs causes censures Chancellor clergy clergyman Commons Compare Compton constitutions Convocation Court of Appeal Court of Delegates Crown Dean Diocesan Courts discipline doctrine Droop Eccl Ecclesia Ecclesiastical Courts ecclesiastical jurisdiction Eliz enacted English Church Union evidence excommunication expressly Ffoulkes Girdlestone Gladstone hath heresy Hist historic continuity Jenkins Judgment Judicial Committee justice King Henry King's Ecclesiastical Laws laity language legal history legislation Legum Liddon Littledale Lord Penzance Mackonochie matters merely Phillimore Pope Prayer Book Preamble priests Privy Council Queen's realm Reformatio Legum Reformation Statutes repealed revived Ritual Royal Commission Royal Commissioners sanctioned sentence Spiritual Court spiritual jurisdiction Statute of Appeals Stephens subsequent Statutes Supremacy Supreme Synods theory Tristram Valpy Veto word دو
Popular passages
Page 61 - I have heard of old Parliament men that the banishment of the Pope and Popery and the restoring of true religion had their beginning from this House, and not from the bishops; and I have heard that few laws for religion had their foundation from them. And I do surely think, before God I speak it, that the bishops were the cause of that doleful message.
Page 24 - God but only your grace, hath been and is free from subjection to any man's laws, but only to such as have been devised, made, and ordained -within this realm, for the wealth of the same; or to such other as, by sufferance of your grace and your progenitors, the people of this your realm have taken at their free liberty, by their own consent...
Page 82 - The function of such lay judges as may be appointed by the Crown to determine appeals is not in any sense to determine what is the doctrine or ritual of the Church, but to decide whether the impugned opinions or practices are in conflict with the authoritative formularies of the Church in such a sense as to require correction or punishment...
Page 25 - Laws being made amongst us, are not by any of us so taken or interpreted, as if they did receive their force from Power which the Prince doth communicate unto the Parliament, or unto any other Court under him, but from Power which the whole Body of the Realm being naturally possessed with, hath by free and deliberate assent derived unto him that ruleth over them, so far forth as hath been declared. So that our Laws made concerning Religion, do take originally their essence from the Power of the whole...
Page 24 - ... them; and have bound themselves by long use and custom to the observance of the same; not as to the observance of the laws of any foreign prince, potentate, or prelate; but as to the customed and ancient laws of this realm, originally established as laws of the same, by the said sufferance, consents, and custom; and none otherwise.
Page 82 - Court to be minute and rigid in applying proceedings of this nature, and that if any article is really a subject of dubious interpretation it would be highly improper that this Court should fix on one meaning, and prosecute all those who hold a contrary opinion regarding its interpretation.
Page 61 - I, because we were so occupied in other matters, that we had no time to examine them how they agreed with the word of God: What, said he, surely you mistook the matter, you will refer yourselves wholly to us therein? No, by the faith I bear to God...
Page 38 - That such canons, constitutions, ordinances, and synodals provincial, being already made, which be not contrariant or repugnant to the laws, statutes, and customs of this realm, nor to the damage or hurt of the king's prerogative royal, shall now still be used and executed as they were afore the making of this act...
Page 34 - Pope in all spiritual suits; and it was framed upon the principle that, while all temporal matters which were discussed in the Ecclesiastical Courts should be finally determined by Courts sitting within the realm, the spiritual jurisdiction which belonged to the Pope as Supreme Head of the Western Church should remain unaffected. Accordingly this statute is confined to causes about wills, to causes about matrimony and divorce, and to causes about tithes and oblations.
Page 62 - The church hath power to decree rites and ceremonies, and authority in controversies of faith...