England under the Angevin Kings, Volume II — John Shaqi
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
The origin of this difficulty was in the separation--needful perhaps,
but none the less disastrous in some of its consequences--made by
William the Conqueror between the temporal and ecclesiastical courts of
justice. In William’s intention the two sets of tribunals were to work
side by side without mutual interference save when the secular power
was called in to enforce the decisions of the spiritual judge. But in
practice the scheme was soon found to involve a crowd of difficulties.
The two jurisdictions were constantly coming into contact, and it was
a perpetual question where to draw the line between them. The struggle
for the investitures, the religious revival which followed it, the vast
and rapid developement of the canon law, with the increase of knowledge
brought to bear upon its interpretation through the revived study
of the civil law of Rome, gave the clergy a new sense of corporate
importance and strength, and a new position as a distinct order in
the state; the breakdown of all secular administration under Stephen
tended still further to exalt the influence of the canonical system
which alone retained some vestige of legal authority, and to throw
into the Church-courts a mass of business with which they had hitherto
had only an indirect concern, but which they alone now seemed capable
of treating. Their proceedings were conducted on the principles of
the canon law, which admitted of none but spiritual penalties; they
refused to allow any lay interference with the persons over whom they
claimed sole jurisdiction; and as these comprised the whole clerical
body in the widest possible sense, extending to all who had received
the lowest orders of the Church or who had taken monastic vows, the
result was to place a considerable part of the population altogether
outside the ordinary law of the land, and beyond the reach of adequate
punishment for the most heinous crimes. Such crimes were only too
common, and were necessarily fostered by this system of clerical
immunities; for a man capable of staining his holy orders with theft
or murder was not likely to be restrained by the fear of losing them,
which a clerical criminal knew to be the worst punishment in store for
him; and moreover, it was but too easy for the doers of such deeds to
shelter themselves under the protection of a privilege to which often
they had no real title. The king’s justiciars declared that in the nine
years since Henry’s accession more than a hundred murders, besides
innumerable robberies and lesser offences, had gone unpunished because
they were committed by clerks, or men who represented themselves to
be such.[82] The scandal was acknowledged on all hands; the spiritual
party in the Church grieved over it quite as loudly and deeply as
the lay reformers; but they hoped to remedy it in their own way, by
a searching reformation and a stringent enforcement of spiritual
discipline within the ranks of the clergy themselves. The subject had
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