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  • 17 - Papal Law in the English Church: Post-Reformation Anglican Jurisprudence

  • from Part III - Canon Law
  • Edited by Joëlle Rollo-Koster, University of Rhode Island, Robert A. Ventresca, King’s University College at Western University, Melodie H. Eichbauer, Florida Gulf Coast University, Miles Pattenden, University of Oxford
  • Book:
    The Cambridge History of the Papacy
    Published online:
    28 February 2025
    Print publication:
    20 March 2025, pp 442-465

  • 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.