Great Britain -- History -- Henry II, 1154-1189; Henry II, King of England, 1133-1189
The real strife was about the seven remaining statutes, which declared
that an accused clerk must first appear before the king's court, and that
the justiciar should then send a royal officer with him to watch the trial
at the ecclesiastical court, and if he were found guilty the Church should
no longer protect him; that the chief clergy might not leave the realm
without the king's permission; that appeals might not be carried to the
Papal Court without the king's consent; that no tenant-in-chief of the
king might be excommunicated without the leave of the king; that the
revenues of vacant sees should fall to the king, until a new appointment
had been made in his court; that questions of advowsons or presentations
to livings questions which at that time represented comparatively a vast
amount of property--should be tried in the king's court; and that the
king's judges should decide in matters of debt, even where the case
included a question of perjury or broken faith, which was claimed as a
matter for ecclesiastical jurisdiction. Such laws as these were no doubt
in Henry's mind simply part of his scheme for establishing a general order
and one undivided authority in the realm. But they opened very much wider
grounds of dispute between Church and State than the mere question of how
criminal clerks were to be dealt with. They boldly attacked the whole of
the pretensions of the Church; they threatened to rob it of a mass of
financial business, to wrest from its control an enormous amount of
property, to deprive it of jurisdiction in the great majority of criminal
suits, to limit its power of irresponsible self-government, and to prevent
its absorption into the vast organization of the Church of Western
Christendom. They defined the relations of the English Church to the see
of Rome. They established its position as a national Church, and declared
that its clergy should be brought under the rule of national law.
Public-domain text, read in full here on John Shaqi.
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