The "legal History" of Canon Stubbs: Being the Basis of the New Scheme of Ecclesiastical Courts Proposed By the Royal Commissioners of 1881-3
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: j It is still more difficult to excuse his suppression of the fact brought to notice in evidence (Q. 2191-2) that by Canon Law the victims were to be burned rinsT, " the appeal being postponed." The absence of appeals is thus sufficiently 1 accounted for. {See Index, p. 91) 44 : Canterbury, with the Archbishop of Canterbury for his Assessdr^ a.d. 1527, to try Bilney for heresy, (p. 68.) But after all, it is quite immaterial to the inquiry what was the pre-Reformation use, because, as has been... seen (supra, pp. 25, 37), the King's appellate jurisdiction was not limited to that formerly usurped by the Pope. So also, at p. 47, it will be seen that 25 Hen. VIII, c. 14, didmoi render c. 19 inapplicable to heresy/; The notion that only matrimonial suits went to the Pope was confidently put forward by the Hon. C. L. Wood, but was repudiated by Canon Stubbs, upon whose authority he professed to rely, but whose language is inconsistent with itself. (Compare Q. 1128 with p. 31-i. of his " Draft Report.") A more plausible objection was the suggestion that the appeal given by section 4 being " for lack of justice " was merely analogous to the appel comme d'alus ; but this is refuted by the " language of the " statute," which assigned the Delegates to " definitively determine " every such appeal with the causes and all the circumstances:} " concerning the same ;" or, as the parallel Irish Act 28 Hen.
What to read after The "legal History" of Canon Stubbs: Being the Basis of the New Scheme of Ecclesiastical Courts Proposed By the Royal Commissioners of 1881-3?
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To quickly assess the difficulty of the text, read a short excerpt:
: j It is still more difficult to excuse his suppression of the fact brought to notice in evidence (Q. 2191-2) that by Canon Law the victims were to be burned rinsT, " the appeal being postponed." The absence of appeals is thus sufficiently 1 accounted for. {See Index, p. 91) 44 : Canterbury, with the Archbishop of Canterbury for his Assessdr^ a.d. 1527, to try Bilney for heresy, (p. 68.) But after all, it is quite immaterial to the inquiry what was the pre-Reformation use, because, as has been... seen (supra, pp. 25, 37), the King's appellate jurisdiction was not limited to that formerly usurped by the Pope. So also, at p. 47, it will be seen that 25 Hen. VIII, c. 14, didmoi render c. 19 inapplicable to heresy/; The notion that only matrimonial suits went to the Pope was confidently put forward by the Hon. C. L. Wood, but was repudiated by Canon Stubbs, upon whose authority he professed to rely, but whose language is inconsistent with itself. (Compare Q. 1128 with p. 31-i. of his " Draft Report.") A more plausible objection was the suggestion that the appeal given by section 4 being " for lack of justice " was merely analogous to the appel comme d'alus ; but this is refuted by the " language of the " statute," which assigned the Delegates to " definitively determine " every such appeal with the causes and all the circumstances:} " concerning the same ;" or, as the parallel Irish Act 28 Hen.
What to read after The "legal History" of Canon Stubbs: Being the Basis of the New Scheme of Ecclesiastical Courts Proposed By the Royal Commissioners of 1881-3?
You can find similar books in the "Read Also" column, or choose other free books by Stubbs, William, 1825-1901 to read onlineMoreLess
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