England under the Angevin Kings, Volume IINorgate, Kate
History
England under the Angevin Kings, Volume II
Norgate, Kate
Anjou, House of; England -- Civilization -- 1066-1485; Great Britain -- History -- Angevin period, 1154-1216
Meanwhile a dispute on a question of church patronage arose between the
primate and a tenant-in-chief of the Crown, named William of Eynesford.
Thomas excommunicated his opponent without observing the custom which
required him to give notice to the king before inflicting spiritual
penalties on one of his tenants-in-chief.[80] Henry indignantly bade
him withdraw the sentence; Thomas refused, saying “it was not for the
king to dictate who should be bound or who loosed.”[81] The answer was
indisputable in itself; but it pointed directly to the fatal subject
on which the inevitable quarrel must turn: the relations and limits
between the two powers of the keys and the sword.
[80] _Ib._ pp. 311, 312. Will. Fitz-Steph. as above. The
object of this rule--one of the _avitæ consuetudines_--was,
as R. Diceto explains, to guard the king against the risk of
unwittingly associating with excommunicates.
[81] Will. Fitz-Steph. as above.
Almost from his accession Henry seems to have been in some degree
contemplating and preparing for those great schemes of legal reform
which were to be the lasting glory of his reign. His earliest efforts
in this direction were merely tentative; the young king was at once
too inexperienced and too hard pressed with urgent business of all
kinds, at home and abroad, to have either capacity or opportunity for
great experiments in legislation. Throughout the past nine years,
however, the projects which floated before his mind’s eye had been
gradually taking shape; and now that he was at last freed for a while
from the entanglements of politics and war, the time had come when he
might begin to devote himself to that branch of his kingly duties for
which he probably had the strongest inclination, as he certainly had
the highest natural genius. He had by this time gained enough insight
into the nature and causes of existing abuses to venture upon dealing
with them systematically and in detail, and he had determined to begin
with a question which was allowed on all hands to be one of the utmost
gravity: the repression of crime in the clergy.
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