Magna Carta: A Commentary on the Great Charter of King John: With an Historical Introduction — John Shaqi
Magna Carta: A Commentary on the Great Charter of King John: With an Historical IntroductionMcKechnie, William Sharp
History
Magna Carta: A Commentary on the Great Charter of King John: With an Historical Introduction
McKechnie, William Sharp
Constitutional history -- England -- Sources; Law -- England -- History; Law -- England -- Sources; Magna Carta
Substantially friendly relations between their successors in the offices
of King and Archbishop remained, notwithstanding Anselm’s condemnation
of the evil deeds of Rufus. Anselm warmly supported that King’s
authority over the Norman magnates, even while he resented his evil
practices towards the Church. He contented himself with a dignified
protest (made emphatic by a withdrawal of his presence from England)
against the new exactions upon the English prelates, and against the
long intervals during which vacancies remained unfilled. Returning at
Rufus’s death from a sort of honourable banishment at Rome, to aid Henry
in maintaining order and gaining peaceable accession to the throne,
Anselm found himself compelled by his conscience and the recent decrees
of a Lateran Council, to enter on the great struggle of the
investitures. Church and State were gradually disentangling themselves
from each other; but in many respects the spiritual and temporal powers
were still indissolubly locked together. In particular, every bishop was
a vassal of the king, holder of a Crown barony, as well as a prelate of
Holy Church. By whom, then, should a bishop be appointed, by the
spiritual or by the temporal power? Could he without sin perform homage
for the estates of his See? Who ought to invest him with ring and
crozier, the symbols of his office as a shepherd of souls? Anselm
adopted one view, Henry the other. A happy compromise, suggested by the
King’s statesmanship, healed the breach for the time being. The ring and
crozier, as badges of spiritual authority, were to be conferred only by
the Church, but each prelate must perform fealty to the King before
receiving these symbols, and must do homage thereafter, but before he
was actually anointed as bishop. Canonical election was nominally
conceded by the King; but here again a practical check was devised for
rendering this power innocuous. The members of the cathedral chapter
were confirmed in the theoretic right to appoint whom they pleased, but
such appointment must be made in the King’s Court or Chapel, thus
affording the powerful monarch full knowledge of the proceedings, and an
opportunity of being present and of practically forcing the selection of
his own candidate.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account