詹姆士一世即位不久,普通法法庭同高等宗教事务法庭发生了一场关于宗教司法管辖权的争论。这场争论根源于都铎时期形成的特殊体制,是以柯克为代表的普通法法官试图利用清教徒打击法学竞争对手的法学斗争;但随后这场争论发展为宪政问题的讨论。透过这场争论,我们发现普通法法官和清教徒在宗教司法权上实现了某种联合,他们同国教会之间的根本分歧在于对国王与法律之间关系理解的差异;因此,在一定意义上,宗教问题实质上就是宪政问题,宗教问题和宪政问题开始结合在一起。通过对该进程的考察,我们能够更好地理解英国内战爆发的原因及其宗教和宪政双重属性。 Shortly after the inauguration of King James I, a debate on religious jurisdiction took place in the common law courts and in the higher courts of religious affair. The controversy stems from the special system formed during the Tudor period. The common law judge represented by Kirk tried to use the Puritan fighters to combat the legal struggle of legal competitors. However, the debate then developed into a discussion of constitutional issues. Through this debate, we find that common law judges and Puritans have achieved some kind of union in the religious judiciary. The fundamental difference between them and the State Church lies in the differences in the understanding of the relationship between the king and the law. Therefore, in a certain sense The issue of religion is essentially a constitutional issue, and the issue of religion and constitutionalism are beginning to be combined. By examining this process, we can better understand the causes of the British civil war and its dual religious and constitutional attributes.