It must be remembered that the forum externum of the ecclesiastical jurisdiction, in the sense in which we now use the phrase, of a judge deciding causes, was not then clearly marked off from the forum internum, or what afterwards came to be called the " tribunal of penance " (see Van Espen, Jus ecc. Univ.
Ecc. et Cler., excluded bishops from accusations before secular judges and commanded such accusations to be speedily brought before the tribunal of other bishops.
Ecc. et Cler.) provides that clerks are not to be accused except before the bishop. Bishops, priests, deacons, and every other " minister of the Christian law " of inferior degree, are taken from secular jurisdiction in criminal cases.
Ecc. Discipline, pp. 9, 94 et seq.).
In theory, Hooker's contentions have been conceded that " kings cannot in their own proper persons decide questions about matters of faith and Christian religion " and that " they have not ordinary spiritual power " (Ecc. Pol.
(On general questions see Phillimore, Ecc. Law, 6 5, 73.) Despite the bishop of Lincoln's case, the law is in some uncertainty.
P. 205; Sanguineti, Juris ecc. inst., Rome, 18 9 0, pp. 393, 394).
Thomassin, Vetus et nova discipline ecc. (1705-1706); W.
Sanguineti, Juris ecc. inst.
Hale, as quoted by Phillimore (Ecc. Law), says that before the time of Richard II., that is, before any acts of Parliament were made about heretics, it is without question that in a convocation of the clergy or provincial synod" they might and frequently did here in England proceed to the sentencing of heretics."But later writers, while adhering to the statement that Convocation might declare opinions to be heretical, doubted whether it could proceed to punish the offender, even when he was a clerk in orders.
Ecc. (Plummer) i.
Ecc. Latin) was based, according to Bede, on information received from Arculf, a French bishop, who, on his return from the Holy Land, was wrecked on the west coast of Britain, and was entertained for a time at Iona.