THE CHURCH AND MAGNA CARTA

Opinions differed, and when later test cases came along-the Statute of Mortmain18 or the Statutes of Provisors19 and Praemunire,20 for example-the complaints of the clergy were disregarded. Because of the uncertainty of the exact meaning of Clause 1's words, these anti-clerical statutes could b...

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Bibliographic Details
Published in:The William and Mary Bill of Rights journal 2016-12, Vol.25 (2), p.425
Main Author: Helmholz, R H
Format: Article
Language:English
Subjects:
Charters
Clergy
Enforcement
Middle Ages
Online Access:Get full text
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Summary:Opinions differed, and when later test cases came along-the Statute of Mortmain18 or the Statutes of Provisors19 and Praemunire,20 for example-the complaints of the clergy were disregarded. Because of the uncertainty of the exact meaning of Clause 1's words, these anti-clerical statutes could be said to lie outside the scope of the liberties guaranteed in Magna Carta.21 The new issues were simply not covered by the Clause's terms. The church's courts were not moribund during the years before the outbreak of the Civil War in 1640.84 In fact, in terms of volume of ex officio cases brought before them, they flourished, and occasional mentions of the Charter's protection of the church's liberties are found in the court records.85 Henry Swinburne, the greatest of the late sixteenth-century civilians, also cited the Great Charter with the expectation that it would be of service to the church.86 As is well known, England under the Stuart monarchs witnessed a revival of interest in Magna Carta's terms, a revival led by Sir Edward Coke.87 To all appearances, nothing like that revival took place during these years within the ecclesiastical forum.
ISSN:1065-8254
1943-135X