Constitutions of Clarendon
Encyclopedia
The Constitutions of Clarendon were a set of legislative procedures passed by Henry II of England
in 1164. The Constitutions were composed of 16 articles and represent an attempt to restrict ecclesiastical privileges and curb the power of the Church courts and the extent of Papal authority in England
. In the anarchic conditions of Henry II's predecessor, Stephen
, the church had extended its jurisdiction in the void. The Constitutions were claimed to restore the judicial customs observed during the reign of Henry I
(1100–35), while in fact they were a part of Henry II's larger expansion of royal jurisdiction into the Church and civil law, which was the defining aspect of his reign.
The Constitutions' primary goal was to deal with the controversial issue of "criminous clerks," or clergy who had committed a serious crime but escaped justice via ecclesiastical courts by "benefit of Clergy
". Unlike royal courts, ecclesiastical courts were more sympathetic to clergy. An ecclesiastical case of murder often ended with the defendant being defrocked (dismissed from the priesthood). In a royal court, murder was often punished with mutilation or death.
The Constitutions of Clarendon were Henry II's attempts to rein in the "problem" (and conveniently increase his own power at the same time) by claiming that once the ecclesiastical courts had tried and defrocked clergymen, the Church could no longer protect the individual, and convicted former clergy could be further punished under the jurisdiction of secular courts.
It was formerly supposed that Henry wanted all clerks accused of crimes to be tried in the King's Courts. But this impression, as Frederic William Maitland
showed (Roman Canon Law, pp. 132-147), is certainly wrong. A rather complicated arrangement was proposed by which cognizance of the case was first to be taken in the King's Court.
If the culprit proved to be a clerk, the case was to be tried in the ecclesiastical court, but an officer of the King's Court was to be present. The officer, if the accused was found guilty, was to conduct him back to the King's Court after degradation, where he would be dealt with as an ordinary criminal and adequately punished.
The king's contention was that flogging, fines, degradation, and excommunication, beyond which the spiritual courts could not go, were insufficient as punishment. The archbishop urged that, apart from the principle of clerical privilege, to degrade a man first and to hang him afterwards was to punish him twice for the same offense. Once degraded, he lost all his rights, and if he committed another crime, he might then be punished with death like any other felon.
Also, "the forces at the back of St. Thomas represented not only the respect which men feel for a bold fight for principle, but also that blind struggle against the hideous punishments of the age, of which the assertion of ecclesiastical privilege, covering widows and orphans as well as clerks and those that injured them, was a natural expression" (W. H. Hutton in "Social England", I, 394).
Thomas Becket
, the Archbishop of Canterbury
(1162–1170), resisted the Constitutions, especially the clause concerning "criminous clerks." As a result, Henry exiled Becket and his family. Bishops were in agreement over the articles until the Pope disapproved and then Becket repudiated his arguments. The controversy
resulted, becoming so bitter that Becket was murdered on 29 December 1170. After this Henry felt compelled to revoke the two controversial clauses which went against canon law. However, the rest stayed in effect as law of the land.
The Constitutions take their name from Clarendon Palace
, Wiltshire, the royal hunting lodge at which they were promulgated.
Henry II of England
Henry II ruled as King of England , Count of Anjou, Count of Maine, Duke of Normandy, Duke of Aquitaine, Duke of Gascony, Count of Nantes, Lord of Ireland and, at various times, controlled parts of Wales, Scotland and western France. Henry, the great-grandson of William the Conqueror, was the...
in 1164. The Constitutions were composed of 16 articles and represent an attempt to restrict ecclesiastical privileges and curb the power of the Church courts and the extent of Papal authority in England
England
England is a country that is part of the United Kingdom. It shares land borders with Scotland to the north and Wales to the west; the Irish Sea is to the north west, the Celtic Sea to the south west, with the North Sea to the east and the English Channel to the south separating it from continental...
. In the anarchic conditions of Henry II's predecessor, Stephen
Stephen of England
Stephen , often referred to as Stephen of Blois , was a grandson of William the Conqueror. He was King of England from 1135 to his death, and also the Count of Boulogne by right of his wife. Stephen's reign was marked by the Anarchy, a civil war with his cousin and rival, the Empress Matilda...
, the church had extended its jurisdiction in the void. The Constitutions were claimed to restore the judicial customs observed during the reign of Henry I
Henry I of England
Henry I was the fourth son of William I of England. He succeeded his elder brother William II as King of England in 1100 and defeated his eldest brother, Robert Curthose, to become Duke of Normandy in 1106...
(1100–35), while in fact they were a part of Henry II's larger expansion of royal jurisdiction into the Church and civil law, which was the defining aspect of his reign.
The Constitutions' primary goal was to deal with the controversial issue of "criminous clerks," or clergy who had committed a serious crime but escaped justice via ecclesiastical courts by "benefit of Clergy
Benefit of clergy
In English law, the benefit of clergy was originally a provision by which clergymen could claim that they were outside the jurisdiction of the secular courts and be tried instead in an ecclesiastical court under canon law...
". Unlike royal courts, ecclesiastical courts were more sympathetic to clergy. An ecclesiastical case of murder often ended with the defendant being defrocked (dismissed from the priesthood). In a royal court, murder was often punished with mutilation or death.
The Constitutions of Clarendon were Henry II's attempts to rein in the "problem" (and conveniently increase his own power at the same time) by claiming that once the ecclesiastical courts had tried and defrocked clergymen, the Church could no longer protect the individual, and convicted former clergy could be further punished under the jurisdiction of secular courts.
It was formerly supposed that Henry wanted all clerks accused of crimes to be tried in the King's Courts. But this impression, as Frederic William Maitland
Frederic William Maitland
Frederic William Maitland was an English jurist and historian, generally regarded as the modern father of English legal history.-Biography:...
showed (Roman Canon Law, pp. 132-147), is certainly wrong. A rather complicated arrangement was proposed by which cognizance of the case was first to be taken in the King's Court.
If the culprit proved to be a clerk, the case was to be tried in the ecclesiastical court, but an officer of the King's Court was to be present. The officer, if the accused was found guilty, was to conduct him back to the King's Court after degradation, where he would be dealt with as an ordinary criminal and adequately punished.
The king's contention was that flogging, fines, degradation, and excommunication, beyond which the spiritual courts could not go, were insufficient as punishment. The archbishop urged that, apart from the principle of clerical privilege, to degrade a man first and to hang him afterwards was to punish him twice for the same offense. Once degraded, he lost all his rights, and if he committed another crime, he might then be punished with death like any other felon.
Also, "the forces at the back of St. Thomas represented not only the respect which men feel for a bold fight for principle, but also that blind struggle against the hideous punishments of the age, of which the assertion of ecclesiastical privilege, covering widows and orphans as well as clerks and those that injured them, was a natural expression" (W. H. Hutton in "Social England", I, 394).
Thomas Becket
Thomas Becket
Thomas Becket was Archbishop of Canterbury from 1162 until his murder in 1170. He is venerated as a saint and martyr by both the Roman Catholic Church and the Anglican Communion...
, the Archbishop of Canterbury
Archbishop of Canterbury
The Archbishop of Canterbury is the senior bishop and principal leader of the Church of England, the symbolic head of the worldwide Anglican Communion, and the diocesan bishop of the Diocese of Canterbury. In his role as head of the Anglican Communion, the archbishop leads the third largest group...
(1162–1170), resisted the Constitutions, especially the clause concerning "criminous clerks." As a result, Henry exiled Becket and his family. Bishops were in agreement over the articles until the Pope disapproved and then Becket repudiated his arguments. The controversy
Becket controversy
The Becket controversy or Becket dispute was the quarrel between Thomas Becket, the Archbishop of Canterbury, and King Henry II of England, from 1163 to 1173...
resulted, becoming so bitter that Becket was murdered on 29 December 1170. After this Henry felt compelled to revoke the two controversial clauses which went against canon law. However, the rest stayed in effect as law of the land.
The Constitutions take their name from Clarendon Palace
Clarendon Palace
Clarendon Palace is a medieval ruin near Salisbury in Wiltshire, England.The palace was a royal residence during the Middle Ages, and was the location of the Assize of Clarendon which developed the Constitutions of Clarendon.-Roman Times:...
, Wiltshire, the royal hunting lodge at which they were promulgated.
External links
- Medieval Sourcebook: Constitutions of Clarendon, 1164
- The Avalon Project at Yale Law School: Constitutions of Clarendon