Raimund
Ottow: Die Debatte Ÿber Kirche, Recht und SouverŠnitŠt zu Beginn der englischen
Reformation
The beginning of the English
Reformation in the 1530s was foremost a process of subjecting the âChurch in
EnglandÔ to the crown, which was fuelled by protestant motives, primarily,
however, by a critique of the worldly powers of the church and the english
canon law and church courts. This is shown in writings by the protestants Simon
Fish and William Tyndale, and in texts of the common lawyer Christopher Saint
German, who elaborated a theoretical justification for the subjection of the
ecclesiastical jurisdiction to the common law. Their counterpart was Thomas
More, who had written against Luther and the english protestants since 1523 and
who defended the ecclesiastical heresy-jurisdiction against Saint German. The
outcome, after Henry VIII was declared to be âHead of the Church of EnglandÔ by
parliament, was uncertainty as to where the supremacy over the church resided:
in the crown alone, or in the sovereignty of the âKing-in-ParliamentÔ as
advocated by Saint German.
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