These famous constitutions were of course feudal in their form and
spirit. But they aimed at the subjection of all the great prelates of
the realm to the Crown to the same extent as the great barons. The new
constitution of England made the bishops' fiefs to be granted according
to the royal will, and subjected the whole of the clergy equally with
the laity to the common laws of the land.[56] I. On the vacancy of every
archbishopric, bishopric, abbey, or priory, the revenues came into the
King's hands. He was to summon those who had the right of election,
which was to take place in the King's Chapel, with his consent, and the
counsel of nobles chosen by the King for this office. The prelate elect
was immediately to do homage to the King as his liege lord, for life,
limb, and worldly honors, excepting his order. The archbishops, bishops,
and all beneficiaries, held their estates on the tenure of baronies,
amenable to the King's justice, and bound to sit with the other barons
in all pleas of the Crown, except in capital cases. No archbishop,
bishop, or any other person could quit the realm without royal
permission, or without taking an oath at the King's requisition, not to
do any damage either going, staying, or returning, to the King or the
kingdom.
II. All clerks accused of any crime were to be summoned before the
King's Courts. The King's justiciaries were to decide whether it was a
case for civil or ecclesiastical jurisdiction. Those which belonged to
the latter were to be removed to the Bishops' Court. If the clerk was
found guilty or confessed his guilt, the Church could protect him no
longer.[57]
III. All disputes concerning advowsons and presentations to benefices
were to be decided in the King's Courts; and the King's consent was
necessary for the appointment to any benefice within the King's
domain.[58]
IV. No tenant in chief of the King, none of the officers of the King's
household, could be excommunicated, nor his lands placed under
interdict, until due information had been laid before the King; or, in
his absence from the realm, before the great Justiciary, in order that
he might determine in each case the respective rights of the civil and
ecclesiastical courts.[59]
V. Appeals lay from the archdeacon to the bishop, from the bishop to the
Archbishop. On failure of justice by the Archbishop, in the last resort
to the King, who was to take care that justice was done in the
Archbishop's Court; and no further appeal was to be made without the
King's consent. This was manifestly and avowedly intended to limit
appeals to Rome.
All these statutes, in number sixteen, were restrictions on the
distinctive immunities of the clergy; one, and that unnoticed, was
really an invasion of popular freedom; no son of a villein could be
ordained without the consent of his lord.
Public-domain text, read in full here on John Shaqi.
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