Die Debatte über Kirche, Recht und Souveränität zu Beginn der englischen Reformation

Archiv für Rechts- und Sozialphilosophie 92 (4):478-504 (2006)
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Abstract

The beginning of the English Reformation in the 1530s was foremost a process of subjecting the ‚Church in England‘ 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 ‚Head of the Church of England‘ by parliament, was uncertainty as to where the supremacy over the church resided: in the crown alone, or in the sovereignty of the ‚King-in-Parliament‘ as advocated by Saint German.

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