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
To all who accepted the ideas which now ruled the Church there was
much to complain of, much that was impossible in the Constitutions of
Clarendon. On the question of the trial of criminous clerks, which had
given rise to these difficulties, it was provided, according to the
best interpretation, that the accused clerk should be first brought
before a secular court and there made to answer to the charge. Whatever
he might plead, guilty or not guilty, he was to be transferred to the
Church court for trial and, if found guilty, for degradation from the
priesthood; he was then to be handed over to the king's officer who
had accompanied him to the bishop's court for sentence in the king's
court to the state's punishment of his crime.[46] Becket and his party
regarded this as a double trial and a double punishment for a single
offence. But this was not all. The Constitutions went beyond the
original controversy. Suits to determine the right of presentation
to a living even between two clerks must be tried in the king's court,
as also suits to determine whether a given fee was held in free alms or
as a lay fee. None of the higher clergy were to go out of the kingdom
without the king's permission, nor without his consent were appeals
to be taken from ecclesiastical courts to the pope, his barons to be
excommunicated or their lands placed under an interdict. The feudal
character of the clergy who held in chief of the king was strongly
insisted on. They must hold their lands as baronies, and answer for
them to the royal justices, and perform all their feudal obligations
like other barons; and if their fiefs fell vacant, they must pass into
the king's hand and their revenues be treated as domain revenues during
the vacancy. A new election must be made by a delegation summoned by
the king, in his chapel, and with his consent, and the new prelate
must perform liege homage and swear fealty to the king before his
consecration.
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.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account