History of the Origin of Representative Government in EuropeGuizot, François
History
History of the Origin of Representative Government in Europe
Guizot, François
Europe -- History; Representative government and representation
2. Ecclesiastics, when accused of any crime, shall appear
before the king's justices, who shall determine whether the
case ought to be tried in the secular or episcopal courts. The
king's justices shall inquire into the manner in which causes
of this kind are judged by the ecclesiastical courts; and if
the clerk is convicted or confesses his crime, he shall lose
his benefit of clergy.
3. No archbishop, bishop, or ecclesiastic of high rank shall
leave the kingdom without the king's permission. If he should
go abroad, he must give surety to the king for his return, and
for his good conduct in all matters affecting the interests of
the king.
4. Excommunicated persons shall not be bound to give security
for continuing in their present place of abode, but merely for
presenting themselves to suffer the judgment of the church and
to receive absolution.
5. No tenant in chief of the king, no officer of his household,
or of his demesnes, shall be excommunicated, or his lands put
under an interdict, until application has been made to the
king, or, in his absence, to the grand justiciary, in order to
obtain justice at his hands.
6. All appeals in spiritual causes shall be carried from the
archdeacon to the bishop, from the bishop to the primate, and
from him to the king, and shall be carried no further without
the king's consent.
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7. If any law-suit arise between a layman and an ecclesiastic
concerning the nature of a fief, the question shall be decided
by the king's chief justice, by the verdict of twelve _probi
homines_; and according as the nature of the fief may be
determined, further proceedings shall be carried on before the
civil or ecclesiastical courts.
8. Any inhabitant of a city, town, borough or manor in the
king's demesnes, who has been cited before an ecclesiastical
court to answer for some offence, and who has refused to
appear, may be placed under an interdict; but no one may be
excommunicated till the chief officer of the place where he
resides be consulted, that he may compel him by the civil
authority to give satisfaction to the church.
9. The judgment of all causes, for debts contracted by oath or
otherwise, is referred to the civil courts.
10. When any archbishopric, or bishopric, or abbey, or priory
of royal foundation is vacant, the king shall enjoy its
revenues; and when it becomes necessary to fill up a see, the
king shall summon a chapter to proceed, in the royal chapel, to
the election, which must obtain the sanction of the king,
according to the advice of the prelates whom he may have
thought proper to consult; and the bishop-elect shall swear
fealty and homage to the king as to his lord, for all his
temporal possessions, with the exception of the rights of his
order.
11. Churches belonging to the king's fee shall not be granted
in perpetuity without his consent.
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