An ecclesiastical game of thrones

The English Reformation took a different shape from that on the continent. Europe’s Reformation was catalysed by the theological ideas of thinkers such as Martin Luther and John Calvin. The English Reformation, prompted by Henry VIII’s splitting of the English Church from Rome, was about high politics and dynastic ambitions as much as theology – more Game of Thrones than Luther’s Ninety-Five Theses. It was accompanied by the cataclysm of the dissolution of the monasteries, in which hundreds of religious houses – frequently centres for hospitality and education for their local communities, and providers of charity – were closed, and their property distributed to aristocratic court hangers-on and ambitious chancers. 

This collection of essays suggests political pragmatism has remained a part of the church’s legal development. From the Reformation onwards, it traces the development of the church’s internal canon law, courts, and the church’s relation to the state. The book also considers the early years of the Henrician Reformation, where Catholic canon law and many institutions remained in place, albeit now having a source of authority in the Crown. Over the last two centuries, the relationship between church and parliament has been rebalanced, with the jurisdiction of church courts being secularised, while church bodies have been given increased power to legislate for the church. The church itself has had to find its place as an established church in a society that is religiously pluralistic.

This is a fascinating overview of the church’s legal history. The chronological structure is effective, with each essay covering roughly half a century, which illustrates well the gradual changes in church law over the last five centuries. What it shows, ultimately, is a trend towards secularism and disestablishment, with the relationship between church and parliament becoming more distant. Some of the essays are perhaps too much of a brief outline and miss important issues – this is recognised in at least one chapter and is presumably due to the work being intended as an overview. That said, it is generally well laid-out and readable. Certainly, one for legal and religious history fans.

James E Hurford is a solicitor at the Government Legal Department, London