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37 - Of the Office and Jurisdiction of all Judges

from 2 - The Reformatio legum ecdesiasticarum

Published online by Cambridge University Press:  01 September 2018

Gerald Bray
Affiliation:
Beeson Divinity School, Samford University
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Summary

Ordinary and delegated jurisdiction.

The difference between ordinary and delegated jurisdiction is that ordinary jurisdiction is appointed and granted by law, privilege, composition, or custom, whereas but delegated jurisdiction is appointed and granted by another person.

The jurisdiction of the king.

The king has and can exercise the most complete jurisdiction, both civil and ecclesiastical, within his kingdoms and dominions as much over archbishops, bishops, clergy and other ministers, as over lay people, since all jurisdiction, both ecclesiastical and secular, is derived from him as from one and the same source.

The jurisdiction of an archbishop, bishops, archdeacons and etc. others.

Archbishops, bishops within their dioceses, and when a see is vacant, the archbishop chapter acquire and have ordinary jurisdiction by law, but archdeacons and other prelates of the churches have it only by privilege, composition, or prescribed custom.

We order that ordinary jurisdiction acquired by privilege, composition or prescribed custom by any prelate of the church, before these our ecclesiastical laws were passed, shall continue and remain in force (where it does not conflict with these our laws).

Jurisdiction by privilege, composition or prescribed custom previously exercised by the archbishops within their provinces shall not only continue, but shall also be exercised by them in future (if it is not repugnant to these our laws).

Iudicis officium.

Congruit bono et gravi iudici ex officio suo curare, ut pacata et quieta et ad pietatem dedita iurisdictio sit, quam regit; quod non difficile obtinebit, si sollicite agat ut de malis hominibus iurisdictio car eat, eosque conquirat, et prout quisque deliquerit, in eum animadvertat, atque fama vel i[n/u]diciis potest iudex descendere ad inquisitionem.

Iurisdictio delegata.

Cui iurisdictio data est, ea quoque concessa esse videtur, sine quibus iurisdictio explicari non potuit; et ideo potest delegatus partes citare, et contumaces severitate ecclesiastica [233v] coercere, etiamsi litterae commissionis id non contineant.

Type
Chapter
Information
Tudor Church Reform
The Henrician Canons Of 1535 and the Reformatio Legum Ecclesiasticarum
, pp. 518 - 539
Publisher: Boydell & Brewer
Print publication year: 2000

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