A Student's History of England, v. 1: B.C. 55-A.D. 1509: From the Earliest Times to the Death of King Edward VIIGardiner, Samuel Rawson
History
A Student's History of England, v. 1: B.C. 55-A.D. 1509: From the Earliest Times to the Death of King Edward VII
Gardiner, Samuel Rawson
Great Britain -- History; Great Britain -- History -- Outlines, syllabi, etc.
8. =The Constitutions of Clarendon. 1164.=--Between a king eager to
assert the rights of the crown and an archbishop eager to assert the
rights of the clergy a quarrel could not be long deferred. Thomas's
first stand, however, was on behalf of the whole country. At a Great
Council at Woodstock he resisted the king's resolution to levy the old
tax of Danegeld, and in consequence Danegeld was never levied again.
Henry had for some time been displeased because, without consulting
him, the Archbishop had seized on lands which he claimed as the
property of the see of Canterbury, and had excommunicated one of the
king's tenants. Then a clerk who had committed a rape and a murder had
been acquitted in an ecclesiastical court. On this, Henry called on
the bishops to promise to obey the customs of the realm. Thomas, being
told that the king merely wanted a verbal promise to save his dignity,
with some reluctance consented. He soon found that he had been
tricked. In =1164= Henry summoned a Great Council to meet at
Clarendon, and directed some of the oldest of his barons to set down
in writing the customs observed by his grandfather. Their report was
intended to settle all disputed points between the king and the
clergy, and was drawn up under sixteen heads known as the
Constitutions of Clarendon. The most important of them declared that
beneficed clergy should not leave the realm without the king's leave;
that no tenant-in-chief of the king should be excommunicated without
the king's knowledge; that no villein should be ordained without his
lord's consent; that a criminous clerk should be sent to the
ecclesiastical court for trial, and that after he had been there
convicted or had pleaded guilty the Church should deprive him and
leave him to the lay court for further punishment. It was for the
_Curia Regis_ to determine what matters were properly to be decided by
the ecclesiastical courts; and no appeal to Rome was to be allowed
without its permission. To all this Thomas was violently opposed,
maintaining that the sentence of deprivation, which was all that an
ecclesiastical court was empowered to inflict, was so terrible, that
one who had incurred it ought not to be sentenced to any further
penalty by a lay court. After six days' struggle he left the Council,
refusing to assent to the Constitutions.
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