Items related to Ecclesia Vindicata; A Treatise on Appeals in Matters...
Ecclesia Vindicata; A Treatise on Appeals in Matters Spiritual With Suggesstions for Amending the Course of Proceeding in Appeals From the ... to the Judicial Committee of Privy Council - Softcover
Synopsis
This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1862. Excerpt: ... V. Present Court an Anomaly in Jurisprudence. Chap. Iv. The fourth ground of complaint against the present Court of Final Appeal is that the system now established is in direct contradiction to the whole genius of English jurisprudence. That Spiritual questions should be tried by Spiritual Courts, or at least by Courts in which the spiritual element prevailed, was the universal practice in this country, until the legislation of 1833 relegated them, in the last resort, to a purely lay tribunal. That a very absurd anomaly was thus introduced into our judicial system may perhaps be demonstrated by an illustration better than by any other means. Suppose that, under the present state of things, the patron of a living were to enter an action, under the form of quare impedit, in a Common Law Court, against a Bishop for refusing to institute a clergyman to that benefice; suppose the Bishop were to plead in de-Chap. Iv. fence that the Clerk in question held, and had preached, the doctrine, say, of "Patripassianism:" the Judge of the Common Law Court would surcease from proceeding, on the ground that the plea would be good in case " Patripassianism" was contrary to the doctrine of the Church of England. Of that point he would say that the Common Law Court, as being a lay tribunal, was no judge, and he would desire an issue to be tried in the Spiritual Courts to decide the question. Suppose the Spiritual Court to find that the Clerk was a heretic. From such decision an appeal would then lie on the doctrinal question to the Judicial Committee of Privy Council, a purely lay tribunal, a Court of civil judicature, not one spiritual person being statutably a member of it. Thus a cause which had been relegated from a Common Law Court, on this very ground that it was a lay...
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- PublisherGeneral Books LLC
- Publication date2012
- ISBN 10 1151314455
- ISBN 13 9781151314451
- BindingPaperback
- Number of pages36
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