Introduction

Summary

The origins of canon law reform’

The reform of English canon law may be said to have begun on 10 May 1532, when Edward Fox, the royal almoner, presented the convocation of Canterbury with three articles for their acceptance. The articles were the end result of several months of debate over the legislative and judicial powers of the clergy, which had already produced a protest from the house of commons on 18 March, followed by a point by point refutation from the bishops on 12 April. They came from King Henry VIII, or rather from Thomas Cromwell, a protégé of Cardinal Wolsey who had managed to survive his benefactor's downfall, and who was already exercising considerable influence in ecclesiastical affairs. The articles were debated for a few days, but although many of the clergy were unhappy with them and the exchanges were heated, they were assented to without alteration on 15 May. They read as follows:’

First, [we] do offer and promise, in verbo sacerdotal here unto your highness, submitting ourselves most humbly to the same, that we will never from henceforth enact, put in ure, promulge, or execute any new canons or constitutions provincial, or any other new ordinance, provincial or synodal, in our convocation or synod in time coming, which convocation is, always has been, and must be assembled only by your highness's commandment or writ, unless your highness by your royal assent shall license us to assemble our convocation and to make, promulge and execute such constitutions and ordinances as shall be made in the same; and thereto give your royal assent and authority.

Secondly, that whereas divers of the constitutions, ordinances and canons provincial or synodal, which have been heretofore enacted, be thought to be not only much prejudicial to your prerogative royal, but also overmuch onerous to your highness's subjects, your clergy aforesaid is contented, if it may stand so with your highness's pleasure, that it be committed to the examination and judgment of your grace, and of thirtytwo persons, whereof sixteen to be of the upper and nether house of the temporalty, and other sixteen of the clergy, all to be chosen and appointed by your most noble grace.