Legal Definitions - Court of High Commission

The Court of High Commission was a powerful historical tribunal in England, primarily focused on enforcing religious conformity and the Crown's authority over the Church of England. Established to investigate and punish offenses against the established church, it dealt with matters ranging from holding beliefs considered heretical to simply failing to attend church services.

Beyond these religious infractions, the Court also played a crucial role in prosecuting individuals who challenged the Acts of Supremacy and Uniformity, which solidified the monarch's supreme control over the Church. This court was controversial due to its extensive powers, which included the ability to impose fines and imprisonment. Its procedures often diverged from traditional English common law, notably by compelling individuals to testify against themselves, a practice that generated significant opposition. Its close association with the equally unpopular Court of Star Chamber ultimately led to its abolition in 1641.

Here are some examples illustrating the types of situations the Court of High Commission would address:

• Example 1: Investigating Dissenting Religious Beliefs

  Imagine a local preacher in a small English village who begins to openly question certain doctrines of the Church of England during their sermons, advocating for a different interpretation of scripture that deviates from official teachings. The Court of High Commission would likely receive reports of this "heretical opinion." They would summon the preacher, compel them to answer questions about their beliefs, and could impose fines or imprisonment if they refused to recant or conform to the established church's doctrines. This illustrates the Court's role in suppressing religious dissent and enforcing doctrinal uniformity.

• Example 2: Punishing Absence from Church Services

  Consider a wealthy merchant and their family who, despite living in an Anglican parish, consistently refuse to attend Sunday services at the local church, preferring to hold private religious gatherings at home. This act of non-attendance, known as recusancy, was a direct violation of the Act of Uniformity. The Court of High Commission would have jurisdiction to investigate such cases, potentially summoning the merchant to explain their absence and imposing significant fines to compel their attendance and adherence to the established religious practices.

• Example 3: Prosecuting Challenges to Royal Authority over the Church

  Suppose a university scholar publishes a pamphlet arguing that the Pope, rather than the English monarch, holds ultimate spiritual authority over the Church in England. This act would be seen as a direct challenge to the Act of Supremacy, which established the Crown's supreme power over the Church of England. The Court of High Commission would consider this a grave offense, as it undermined the monarch's authority and the legal framework of the established church. The scholar would face severe penalties, potentially including imprisonment, for such a challenge to royal supremacy.