But the growing estrangement between the king and the archbishop did
not come to a full head till the end of 1163, when they engaged in
a desperate quarrel on the question of the rights and immunities of
the clergy. We have mentioned in an earlier chapter how William the
Conqueror had established separate courts for the trial of clerical
offences, and had put them under the control of the bishops. Since his
day, these courts had been steadily growing in importance, and putting
forth wider and wider claims of jurisdiction. The anarchical reign
of Stephen, when all lay courts of justice came to a standstill, had
been especially favourable to their growth. The last development of
their demands had been the extraordinary assertion that they ought to
try, not only all ecclesiastical offences, but all offences in which
ecclesiastics were concerned. That is, not only were such crimes as
bigamy or heresy or perjury to come before them, but if a member of the
clerical body committed theft or assault or murder, or, again, if a
layman robbed or assaulted or murdered a cleric, the cases were to be
taken out of the king's court, and to be brought before the bishop's.
The most monstrous absurdity of this claim was that the ecclesiastical
tribunal had no power to impose any but ecclesiastical punishments,
that is to say, penance, excommunication, or deprivation of orders.
So if a clergyman committed the most grievous crimes, he could not
receive any greater penalty than suspension from his clerical duties,
or penances which he might or might not perform. It had come to be a
regular trick with habitual criminals to claim that they were in holy
orders--which included not only the priesthood, but sacristans and
sub-deacons and other minor church officers--and so to exchange death
or blinding for the milder ecclesiastical punishments.
[Sidenote: =The Constitutions of Clarendon.=]
A very bad case of murder by a priest, which Becket punished merely
by ordering the murderer to abstain from celebrating the Sacraments
for two years, called King Henry's attention to the usurpation of the
Church courts. When he found that their claims were quite modern, and
had been unknown to the old English law, he resolved at once to take
in hand the settlement of the whole question of the ecclesiastical
courts. At a Great Council held at Westminster, he proposed to appoint
a committee to investigate the matter, and to draw up a statement of
the true law of the land with regard, not only to "criminous clerks,"
but to all the disputes between lay and clerical personages which could
arise. Becket opposed the proposal as an invasion of the rights of the
Church, and by his advice the other bishops, when asked if they would
undertake to abide by the decision of the committee, replied that they
would do so in so far as it did not impugn their rights--which meant
not at all.
Public-domain text, read in full here on John Shaqi.
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