The English Church in the Middle AgesHunt, William
History
The English Church in the Middle Ages
Hunt, William
Church history -- Middle Ages, 600-1500; Great Britain -- Church history
A greater conflict between the claims of the Crown and of the Church was
at hand. The Conqueror had strengthened himself by increasing the power of
the clergy; Henry could only establish the strong and orderly government
he aimed at by lessening it. We have seen how rapidly clerical influence
had grown during the anarchy owing to the suspension of the royal
authority, the multiplication of appeals, the attention paid by Theobald
to ecclesiastical law, and other causes. Clergy guilty of secular offences
were tried solely by ecclesiastical courts; and as the spiritual judges,
after inflicting an ecclesiastical penalty, refused to give up the
clerical offender to a secular court, many gross crimes met with wholly
inadequate punishments. For the number of persons in orders of different
degrees was very large, and all alike claimed immunity from civil
jurisdiction; and it is evident, though this was a matter of less
consequence, that all offences against the clergy were also claimed as
belonging to the province of the ecclesiastical courts.
[Sidenote: Constitutions of Clarendon, 1164.]
At a great council, held at Westminster in 1163, Henry asked if the
bishops would obey the "customs of his grandfather," if they would agree
that clerks convicted of secular crimes should, after degradation, be
punished as laymen. The primate declared that clerks were not subject to
the jurisdiction of an earthly king, and would only agree that a clerk
already degraded should for another offence be punished by a lay judge.
Henry asked the bishops if they would obey the "customs," and their reply,
"Saving our order," was virtually a refusal. At a later interview he
persuaded Archbishop Thomas to promise obedience to the customs
unreservedly. He then summoned a council at Clarendon, and there, under
strong pressure, the primate and his suffragans took the required pledge.
The council then proceeded to inquire what the customs were, and a body of
rules was drawn up called the "Constitutions of Clarendon." By these
Constitutions all cases touching advowsons and presentations were to be
tried in the king's court. The convicted clerk was no longer to be
protected by the Church. Appeals from the archbishop were to be heard by
the king, and were not to be carried further without his leave. Bishops
and all who held of the Crown as by barony were to take part in the
proceedings of the king's court until it came to sentence touching life or
limb. Elections to bishoprics and royal abbeys were to be made by the
higher clergy of the church in the king's chapel and with his assent, and
the elect was to do homage and fealty to the king as his liege lord before
he was consecrated. And the son of a villein was not to be ordained
without his lord's leave. When the primate heard the Constitutions he
refused to set his seal to them, declared he would not assent to them as
long as he had breath in his body, and suspended himself from his sacred
Public-domain text, read in full here on John Shaqi.
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