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Papal law in the English church: Post-Reformation Anglican jurisprudence

Doe, Norman ORCID: https://orcid.org/0000-0003-1464-3130 2025. Papal law in the English church: Post-Reformation Anglican jurisprudence. Rollo-Koster, Joëlle, Ventresca, Robert A., Eichbauer, Melodie H. and Pattenden, Miles, eds. The Cambridge History of the Papacy, Vol. 2. Cambridge University Press, pp. 442-465. (10.1017/9781108663410.021)

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Abstract

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.

Item Type: Book Section
Date Type: Publication
Status: Published
Schools: Schools > Law
Publisher: Cambridge University Press
ISBN: 978-1-108-49382-6
Last Modified: 12 Dec 2025 15:05
URI: https://orca.cardiff.ac.uk/id/eprint/183188

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