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
The Church gained much in power during Stephen’s reign, and deserved the
power it gained, since it remained the only stable centre of good
government, while all other institutions crumbled around it. It was not
unnatural that churchmen should advance new claims, and we find them
adopting the watchword, afterwards so famous, “that the Church should be
free,” a vague phrase doubtless, destined to be embodied in Magna Carta.
The extent of immunity thus claimed was never clearly defined, and this
vagueness was probably intentional, since an elastic phrase might be
expanded to keep pace with the ever-growing pretensions of the Church.
Churchmen made it clear, however, that they meant it to include at the
least two principles—those rights afterwards known as “benefit of
clergy,” and “canonical election” respectively.
Henry II.’s attempt to force a clear definition, embodied in the
Constitutions of Clarendon in 1164, signally failed, chiefly through the
miscarriage of his plans consequent on the murder of Becket. Yet the
rights of the Church, although remaining theoretically unaltered from
the days of Stephen, felt the pressure directed by Henry’s energetic arm
against all claims of privilege. Rights, theoretically the same, shrank
to smaller practical limits when measured against the strength of Henry
as compared with the weakness of Stephen. Canonical election thus
remained at the close of the reign of Henry II. the same farce it had
been in the days of Henry I. The “election” lay with the chapter of the
vacant See; but the king told them plainly whom to elect. The other
rights of the Church as actually enjoyed at the close of the reign of
Henry Plantagenet were not far different from what had been set down in
the Constitutions of Clarendon, although these never received formal
recognition by Canterbury or by Rome. So matters stood between Church
and State when the throne of England was bequeathed by Henry to his
sons. It remained for John’s rash provocation, followed by his quick and
cowardly retreat, to compel a new definition of the frontier between the
spiritual and the temporal powers.
IV. Richard I. and John.
Public-domain text, read in full here on John Shaqi.
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