Great Britain -- History -- Plantagenets, 1154-1399; Plantagenet, House of
[Sidenote:
Council of
Clarendon,
1164.
]
[Sidenote:
Constitutions
of
Clarendon.
]
[Sidenote:
Becket’s
conduct.
]
Soon after Christmas another court was held, at Clarendon, one of
those forest palaces at which, as at Woodstock, Henry and his sons
used to call the counsellors together, and diversify business with
sport. It was called for the purpose of finishing the business began
at Westminster. The archbishop was asked whether he would accept the
ancient customs; he declined to do it without making conditions. The
king then ordered that the ‘recognition of the customs’ should be read.
This was the report of the great committee appointed to ascertain and
commit them to writing, a committee which nominally contained nearly
all the bishops and barons, but which Becket declared to consist only
of Richard de Lucy, the justiciar, and Jocelin de Bailleul, a French
lawyer. This report was the celebrated Constitutions of Clarendon, a
sort of code or concordat, in sixteen chapters, which included not
merely a system of definite rules to regulate the disposal of the
criminal clergy, but a method of proceeding by which all quarrels
that arose between the clergy and laity might be satisfactorily heard
and determined. Questions of advowsons, of disputed estates, of
excommunication, the rights of the spiritual courts over laymen, and
of lay courts over spiritual men, the rights of the crown in vacant
churches and in the nomination to benefices, and the right of appeal
in ecclesiastical causes, were all defined. No one was to carry a suit
farther than the archiepiscopal court; that is, no one was to appeal
to the Pope without the king’s leave. Prelates and parsons were not
to quit the kingdom without license. The sons of rustics or villeins
were not to be ordained without leave of the lords on whose lands they
were born. Many similar customs were recorded which show that Henry
had determined to set the jurisprudence of the kingdom, as touching
laymen and clergy alike, on a just and equal basis; no unfairness
towards the spiritual estate was intended, but simply the extinction
or restriction of the immunities, the existence of which threw the
whole system into disorder. An appeal to Rome must not be allowed
to paralyze the whole ecclesiastical jurisdiction, any more than an
assertion that the murderer or the murdered man--for the immunity told
both ways--was a clerk, should be allowed to insure the escape and
impunity of the murderer. Becket was perhaps, at the first sight of
these Constitutions, inclined or, as he would have said, tempted to
yield. He accepted the Constitutions. Almost as soon as he had done so
he drew back; either he recalled his concession or refused to set his
seal to the acceptance, or in some way recanted. We have no entirely
trustworthy evidence; but it would seem he declared that he had sinned,
that he would go to Rome, that he would resign his see, that he would
Public-domain text, read in full here on John Shaqi.
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