Book contents
- The Cambridge History of the Papacy
- The Cambridge History of the Papacy
- Copyright page
- Contents
- Figures
- Tables
- Maps
- Contributors
- General Introduction
- Part I The Pope within the Church
- Part II The Roman Curia
- Part III Canon Law
- 13 The Medieval Papacy and Canon Law
- 14 Canon Law in the Early Middle Ages
- 15 Gratian’s Decretum: The Transmission and Fluidity of Legal Knowledge in the Twelfth Century
- 16 Papal Decretals
- 17 Papal Law in the English Church: Post-Reformation Anglican Jurisprudence
- 18 The Codes of Canon Law: 1917, 1983, 1990
- 19 The Pope in the Two Latin Codes, 1917 and 1983: Current Status and Discussion of Possible Developments
- Part IV Finance
- Part V Papal States
- Select Bibliography
- Index
17 - Papal Law in the English Church: Post-Reformation Anglican Jurisprudence
from Part III - Canon Law
Published online by Cambridge University Press: 28 February 2025
- The Cambridge History of the Papacy
- The Cambridge History of the Papacy
- Copyright page
- Contents
- Figures
- Tables
- Maps
- Contributors
- General Introduction
- Part I The Pope within the Church
- Part II The Roman Curia
- Part III Canon Law
- 13 The Medieval Papacy and Canon Law
- 14 Canon Law in the Early Middle Ages
- 15 Gratian’s Decretum: The Transmission and Fluidity of Legal Knowledge in the Twelfth Century
- 16 Papal Decretals
- 17 Papal Law in the English Church: Post-Reformation Anglican Jurisprudence
- 18 The Codes of Canon Law: 1917, 1983, 1990
- 19 The Pope in the Two Latin Codes, 1917 and 1983: Current Status and Discussion of Possible Developments
- Part IV Finance
- Part V Papal States
- Select Bibliography
- Index
Summary
During the sixteenth century, the King in Parliament terminated the jurisdiction of the Papacy in England and established by law the Church of England, with the King as its head. One task was to institute a new system of canon law for the national Church. Parliamentary statute provided for a commission to reform the canon law. In the meantime, pre-Reformation Roman canon law was to continue to apply to the Church of England if it was not repugnant to the royal prerogative and the laws of the realm. The commission was never appointed. The Roman canon law continued to apply on the basis of both statute and custom as part of the King’s ecclesiastical law. This chapter explores how the post-Reformation English ecclesiastical lawyers understood this continuing Roman canon law, its legal basis, and the role of the doctrine of reception in all this.
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- The Cambridge History of the Papacy , pp. 442 - 465Publisher: Cambridge University PressPrint publication year: 2025