The History of England from the Norman Conquest to the Death of John (1066-1216)Adams, George Burton
History
The History of England from the Norman Conquest to the Death of John (1066-1216)
Adams, George Burton
Great Britain -- History -- Medieval period, 1066-1485
In no state in Christendom had the line between these conflicting
jurisdictions been clearly drawn. In England no attempt had as yet been
made to draw it; the only legislation had been in the other direction.
The edict of William I, separating the ecclesiastical courts from the
temporal, and giving them exclusive jurisdiction in spiritual causes,
must be regarded as a beneficial regulation as things then were. The same
thing can hardly be said of the clause in Stephen's charter to the Church
by which he granted it jurisdiction over all the clergy; yet under this
clause the Church had in fifteen years drawn into its hands, as nearly as
we can judge, more business that should naturally belong to the state
than in the three preceding reigns. This rapid attainment of what Anselm
could only have wished for, this enlarged jurisdiction of the Church,
stood directly in the way of the plans of the young king as he took up
the work of restoring the government of his grandfather. He had found out
this fact before the death of Archbishop Theobald and had taken some
steps to bring the question to an issue at that time, but he had been
obliged to cross to France and had not since been able to go on with the
matter. Now the refusal of Archbishop Thomas to grant his request about
the sheriff's aid probably did not make him any less ready to push what
he believed to be the clear rights of the state against the usurpations
of the clergy.
As the state assumed more and more the condition of settled order under
the new king, and the courts were able to enforce the laws everywhere,
the failures of justice which resulted from the separate position of the
clergy attracted more attention. The king was told that there had been
during his reign more than a hundred murders by clerks and great numbers
of other crimes, for none of which had it been possible to inflict the
ordinary penalties. Special cases began to be brought to his attention.
The most important of these was the case of Philip of Broi, a man of some
family and a canon of Bedford, who, accused of the murder of a knight,
had cleared himself by oath in the bishop's court. Afterwards the king's
justice in Bedford summoned him to appear in his court and answer to the
same charge, but he refused with insulting language which the justice at
once repeated to the king as a contempt of the royal authority. Henry was
very angry and swore "by the eyes of God," his favourite oath, that an
insult to his minister was an insult to himself and that the canon must
answer for it in his court. "Not so," said the archbishop, "for laymen
cannot be judges of the clergy. If the king complains of any injury, let
him come or send to Canterbury, and there he shall have full justice by
ecclesiastical authority." This declaration of the archbishop was the
extreme claim of the Church in its simplest form. Even the king could not
obtain justice for a personal injury in his own courts, and the strength
Public-domain text, read in full here on John Shaqi.
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