English Legal History
4/22/2009
Outline

 

 

 

 

 

 

 

  

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

THE ENGLISH REFORMATION

 

1.

What does the Reformation have to do with our story?

2.

Problems with discussing the Reformation

 

a.

We have done little with religion as such.

 

b.

The bias of the historians, including the one speaking to you.

 

c.

A. G. Dickens, The English Reformation; Eamon Duffy, The Stripping of the Altars

3.

Henry VIII, the Reformation Parliament and the Six Articles (Mats., pp. VIII–10 thru VIII–11.

 

a.

transubstantiation, the doctrine that the eucharist is truly the body and blood of Christ

 

b.

the lack of necessity of reception of the eucharist in the form of both bread and wine

 

c.

priests may not marry

 

d.

vows of chastity should be observed

 

e.

private masses are agreeable to God’s law

 

f.

auricular confession is expedient and necessary

4.

The Henrician church as a schismatic church.

 

a.

The position of Desiderius Erasmus (c.1469–1536).

 

b.

The position of Thomas Cranmer (1489–1556).

 

c.

The position of Thomas Cromwell (c.1485–1540).

5.

The Reformation Parliament.

 

a.

The Commons’ Supplication Against the Ordinaries.

 

b.

The Ecclesiastical Appeals Act (1533) (Mats., p. VIII–2)--its basis in Marsilius of Padua:

“An act that the appeals in such cases as have been used to be pursued to the see of Rome shall not be from henceforth had nor used but within this realm.  Where, by divers sundry old authentic histories and chronicles, it is manifestly declared and expressed that this realm of England is an empire, and so hath been accepted in the world, governed by one supreme head and king having the dignity and royal estate of the imperial crown of the same, unto whom a body politic, compact of all sorts and degrees of people divided in terms and by names of spiritualty and temporalty be bounden and owe to bear next to God a natural and humble obedience (he being also institute and furnished by the goodness and sufferance of Almighty God with plenary, whole, and entire power, pre-eminence, authority, prerogative, and jurisdiction to render and yield justice and final determination to all manner of folk residents or subjects within this his realm, in all causes, matters, debates, and contentions happening to occur, insurge, or begin within the limits thereof, without restraint or provocation to any foreign princes or potentates of the world ...)--and whereas the king his most noble progenitors, and the nobility and commons of this said realm, at divers and sundry parliaments as well in the time of King Edward I, Edward III, Richard II, Henry IV, and other noble kings of this realm, made sundry ordinances, laws, statutes, and provisions for the entire and sure conservation of the prerogatives, liberties, and pre-eminences of the said imperial crown of this realm, and of the jurisdictions spiritual and temporal of the same, to keep it from the annoyance as well of the see of Rome as from the authority of other foreign potentates attempting the diminution or violation thereof, as often and from time to time as any such annoyance or attempt might be known or espied; and [whereas,] notwithstanding the said good statutes and ordinances ... , divers and sundry inconveniences and dangers not provided for plainly by the said former acts ... have risen and sprung by reason of appeals sued out of this realm to the see of Rome, in causes testamentary, causes of matrimony and divorces, right of tithes, oblations, and obventions ... : in consideration whereof, the king’s highness, his nobles, and commons, considering the great enormities, dangers, long delays, and hurts that as well to his highness as to his said nobles. subjects, commons, and residents of this his realm in the said causes ... do daily ensue, doth therefore by his royal assent, and by the assent of the lords spiritual and temporal and the commons in this present parliament assembled and by authority of the same, enact, establish, and ordain that all causes testamentary, causes of matrimony and divorces, rights of tithes, oblations, and obventions ..., whether they concern the king our sovereign lord, his heirs, or successors, or any other subjects or residents within the same of what degree soever they be, shall be from henceforth heard ... and definitively adjudged and determined within the king’s jurisdiction and authority and not elsewhere. ...”

 

c.

The Submission of the Clergy (1534) (Mats., p. VIII–3).

 

d.

Ecclesiastical Appointments (1534) (Mats., p. VIII–4).

 

e.

Peter’s Pence (1534) (Mats., p. VIII–5).

 

f.

First Act of Succession (1534) (Mats., p. VIII–6).

 

g.

Supremacy (1534) (Mats., p. VIII–7).

 

h.

Dissolution of the Monasteries (various dates, most important, 1539) (Mats., p. VIII–9).

6.

Schism and Erastianism (Thomas Erastus, 1524–1583).

7.

The Tudor revolution in government.

8.

Edward VI (1547–1553)--Somerset and Northumberland.

9.

Mary (1553–1558) and Philip II of Spain.

10.

Elizabeth (1558–1603). Calvinism becomes the official religion. The 39 articles.

Article XI. Of the Justification of Man. We are accounted righteous before God, only for the merit of our Lord and Saviour Jesus Christ by Faith, and not for our own works or deservings. Wherefore, that we are justified by Faith only, is a most wholesome Doctrine, and very full of comfort, as more largely expressed in the Homily of Justification.

Article XVII. Of Predestination and Election. Predestination to Life is the everlasting purpose of God, whereby (before the foundations of the world were laid) he hath constantly decreed by his counsel secret to us, to deliver from curse and damnation those whom he hath chosen in Christ out of mankind, and to bring them by Christ to everlasting salvation, as vessels made to honour. Wherefore, they which be endued with so excellent a benefit of God, be called according to God’s purpose by his Spirit working in due season: they through Grace obey the calling: they be justified freely: they be made sons of God by adoption: they be made like the image of his only-begotten Son Jesus Christ: they walk religiously in good works, and at length, by God’s mercy, they attain to everlasting felicity. …

 

 

 

Download this outline.


[Home Page] [Syllabus] [Announcements] [Lectures]


Please send comments to Rosemary Spang

URL:  http://www.law.harvard.edu/faculty/cdonahue/courses/echfas/lecture/l22.out.html
last modified:  05/04/09

Copyright ©  2009 Charles Donahue, Jr.