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31 - Of Deprivation

from 2 - The Reformatio legum ecdesiasticarum

Published online by Cambridge University Press:  01 September 2018

Gerald Bray
Affiliation:
Beeson Divinity School, Samford University
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Summary

Deprivation is appropriate in cases of heinous crimes.

Since removal from a dignity, or as it is commonly called, deprivation, has an exceptional harshness among the penalties established by the ecclesiastical laws, it is to be reserved for the greatest and most terrible crimes. Therefore this axe is to be applied to homicides, adulterers and such criminal persons, when their wickedness has been revealed by manifest ﹛judgments indications﹜.

How a bishop shall be deprived.

When a bishop is in danger of losing his status, we desire that the archbishop and two other bishops, men who are outstanding in morals and doctrine, shall be appointed by our authority to execute this judgment, and they shall decide the entire matter after diligently looking into it and considering it with their wisdom and godliness.

How deprivation shall be handled in a dignity or benefice.

When someone is to be deprived of a dignity or an ecclesiastical benefice, the procedure of deprivation must be as follows. First, his bishop shall duly summon the man to him, and then the bishop shall be present for the handling of the rest of the business, and he shall call on two learned and honest presbyters, whose authority and decree shall be final.

The judge shall never pronounce a sentence of deprivation unless the matter is extremely clear.

Since a sentence of deprivation is devastating and involves every aspect of a man's life, it is such a horrible weapon that it shall neither detract from the honour due to the status of a bishop nor be used against the sacred order of any ecclesiastical persons whatsoever, unless the accused has been convicted by the vocibus idoneorum et locupletum testium convincatur, vel se ipse iudicet, vel re tam evidenti et perspicua coarguatur, ut nullam onmino dubitationem habere possit.

Type
Chapter
Information
Tudor Church Reform
The Henrician Canons Of 1535 and the Reformatio Legum Ecclesiasticarum
, pp. 458 - 461
Publisher: Boydell & Brewer
Print publication year: 2000

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  • Of Deprivation
  • Edited by Gerald Bray
  • Book: Tudor Church Reform
  • Online publication: 01 September 2018
  • Chapter DOI: https://doi.org/10.1017/9781787441187.036
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  • Of Deprivation
  • Edited by Gerald Bray
  • Book: Tudor Church Reform
  • Online publication: 01 September 2018
  • Chapter DOI: https://doi.org/10.1017/9781787441187.036
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Of Deprivation
  • Edited by Gerald Bray
  • Book: Tudor Church Reform
  • Online publication: 01 September 2018
  • Chapter DOI: https://doi.org/10.1017/9781787441187.036
Available formats
×