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
independent.
Hardly less important than the settlement of this matter was the
establishment of the legislative independence of the Church. From the two
legatine councils of 1070, at Winchester and Windsor, a series begins of
great national synods, meeting at intervals to the end of the reign.
Complete divorce from the State was not at first possible. The council
was held at a meeting of the court, and was summoned by the king. He was
present at the sessions, as were also lay magnates of the realm, but the
questions proper to the council were discussed and decided by the
churchmen alone, and were promulgated by the Church as its own laws. This
was real legislative independence, even if the form of it was somewhat
defective, and before very long, as the result of this beginning, the
form came to correspond to the reality, and the process became as
independent as the conclusion.
William's famous ordinance separating the spiritual and temporal courts
decreed another extensive change necessary to complete the independence
of the Church in its legal interests. The date of this edict is not
certain, but it would seem from such evidence as we have to have been
issued not very long after the meeting of the councils of 1070. It
withdrew from the local popular courts, the courts of the hundred, all
future enforcement of the ecclesiastical laws, subjected all offenders
against these laws to trial in the bishop's court, and promised the
support of the temporal authorities to the processes and decisions of the
Church courts. This abolishing by edict of so important a prerogative of
the old local courts, and annulling of so large a part of the old law,
was the most violent and serious innovation made by the Conqueror in the
Saxon judicial system; but it was fully justified, not merely by the more
highly developed law which came into use as a result of the change, but
by the necessity of a stricter enforcement of that law than would ever be
possible through popular courts.
Public-domain text, read in full here on John Shaqi.
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