Problems And Principles Being Papers On Subjects Theological And Ecclesiastica

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Problems And Principles Being Papers On Subjects Theological And Ecclesiastica
Robert Campbell Moberly
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As long as Church courts rested ultimately on a basis not national but foreign ; as long as their system of canon law was in the main a foreign system, and the ultimate sanction and authority which lay behind the administra- tion of it was the authority and sanction of the Roman court, that is to say, of an irresponsible foreign power, claiming to be more august than the national sovereignty ; so long it was an imperative necessity that the national sovereignty should have some mode of check- i...ng and limiting Church courts. No doubt in practice, when the Crown was strong, the appel comme d'abus gave the Crown an almost unlimited opportunity of interference, unreasonable as well as reasonable. But so long as the basis of the Church's authority was foreign, some visitatorial power on the part of the Crown, some power of review and veto in the name of the nation, was indispensable for national free- dom. Now no such machinery of protective veto is, or can be, necessary to guard the freedom of the nation or Crown against a judicature, which is already the judicature of the Crown itself.

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