History of the English People, Volume I: Early England, 449-1071; Foreign Kings, 1071-1204; The Charter, 1204-1216Green, John Richard
History
History of the English People, Volume I: Early England, 449-1071; Foreign Kings, 1071-1204; The Charter, 1204-1216
Green, John Richard
Great Britain -- History
The report presented by bishops and barons formed the Constitutions of
Clarendon, a code which in the bulk of its provisions simply re-enacted
the system of the Conqueror. Every election of bishop or abbot was to
take place before royal officers, in the king's chapel, and with the
king's assent. The prelate-elect was bound to do homage to the king for
his lands before consecration, and to hold his lands as a barony from the
king, subject to all feudal burthens of taxation and attendance in the
King's Court. No bishop might leave the realm without the royal
permission. No tenant in chief or royal servant might be excommunicated,
or their land placed under interdict, but by the king's assent. What was
new was the legislation respecting ecclesiastical jurisdiction. The
King's Court was to decide whether a suit between clerk and layman, whose
nature was disputed, belonged to the Church courts or the King's. A royal
officer was to be present at all ecclesiastical proceedings in order to
confine the Bishop's court within its own due limits, and a clerk
convicted there passed at once under the civil jurisdiction. An appeal
was left from the Archbishop's court to the King's Court for defect of
justice, but none might appeal to the Papal court save with the king's
leave. The privilege of sanctuary in churches and churchyards was
repealed, so far as property and not persons was concerned. After a
passionate refusal the Primate was at last brought to give his assent to
these Constitutions, but the assent was soon retracted, and Henry's
savage resentment threw the moral advantage of the position into his
opponent's hands. Vexatious charges were brought against Thomas, and he
was summoned to answer at a Council held in the autumn at Northampton.
All urged him to submit; his very life was said to be in peril from the
king's wrath. But in the presence of danger the courage of the man rose
to its full height. Grasping his archiepiscopal cross he entered the
royal court, forbade the nobles to condemn him, and appealed in the teeth
of the Constitutions to the Papal See. Shouts of "Traitor!" followed him
as he withdrew. The Primate turned fiercely at the word: "Were I a
knight," he shouted back, "my sword should answer that foul taunt!" Once
alone however, dread pressed more heavily; he fled in disguise at
nightfall and reached France through Flanders.
Public-domain text, read in full here on John Shaqi.
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