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 (reigned 1135–1154), the church had extended its jurisdiction by taking advantage of the weakness of royal authority. The Constitutions were claimed to restore the law as it was observed during the reign of Henry I (1100–1135).
The Constitutions take their name from Clarendon Palace, Wiltshire, the royal hunting lodge at which they were promulgated.
The Constitutions' primary goal was to deal with the controversial issue of "criminous clerks", or clergy who had been accused of committing a serious secular crime but were tried in ecclesiastical courts by "benefit of clergy". Unlike royal courts, these ecclesiastical courts were strictly limited in the punishments to which a convicted felon could be subjected; in particular the spilling of blood was prohibited. 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 deal with these problems (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 clerics accused of crimes to be tried in the King's Courts. But this impression, as F. W. Maitland showed, is certainly wrong. [1] 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 cleric, 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 offence. Once degraded, he lost all his rights, and if he committed another crime, he might then be punished with death like any other felon.
Thomas Becket, the Archbishop of Canterbury (1162–1170), resisted the Constitutions, especially the clause concerning "criminous clerks". As a result, Henry put Becket up for trial at Northampton. Becket fled into exile with 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.
Thomas Becket, also known as Saint Thomas of Canterbury, Thomas of London and later Thomas à Becket, served as Lord Chancellor from 1155 to 1162, and then notably as Archbishop of Canterbury from 1162 until his death in 1170. He engaged in conflict with Henry II, King of England, over the rights and privileges of the Church and was murdered by followers of the King in Canterbury Cathedral. Soon after his death, he was canonised by Pope Alexander III. He is venerated as a saint and martyr by the Catholic Church and the Anglican Communion.
Theobald of Bec was a Norman archbishop of Canterbury from 1139 to 1161. His exact birth date is unknown. Some time in the late 11th or early 12th century Theobald became a monk at the Abbey of Bec, rising to the position of abbot in 1137. King Stephen of England chose him to be Archbishop of Canterbury in 1138. Canterbury's claim to primacy over the Welsh ecclesiastics was resolved during Theobald's term of office when Pope Eugene III decided in 1148 in Canterbury's favour. Theobald faced challenges to his authority from a subordinate bishop, Henry of Blois, Bishop of Winchester and King Stephen's younger brother, and his relationship with King Stephen was turbulent. On one occasion Stephen forbade him from attending a papal council, but Theobald defied the king, which resulted in the confiscation of his property and temporary exile. Theobald's relations with his cathedral clergy and the monastic houses in his archdiocese were also difficult.
Richard was a medieval Benedictine monk and Archbishop of Canterbury. Employed by Thomas Becket immediately before Becket's death, Richard arranged for Becket to be buried in Canterbury Cathedral and eventually succeeded Becket at Canterbury in a contentious election. Much of Richard's time as archbishop was spent in a dispute with Roger de Pont L'Evêque, the Archbishop of York over the primacy of England, and with St Augustine's Abbey in Canterbury over the archbishop's jurisdiction over the abbey. Richard had better relations with King Henry II of England than Becket had and was employed by the king on diplomatic affairs. Richard also had the trust of the papacy and served as a judge for it. Several of his questions to Pope Alexander III were collected into the Decretals, a collection of ecclesiastical laws, and his patronage of canon lawyers did much to advance the study of canon law in England.
In English law, the benefit of clergy was originally a provision by which clergymen accused of a crime could claim that they were outside the jurisdiction of the secular courts and be tried instead in an ecclesiastical court under canon law. The ecclesiastical courts were generally seen as being more lenient in their prosecutions and punishments, and defendants made many efforts to claim clergy status, often on questionable or fraudulent grounds.
The Assize of Clarendon was an act of Henry II of England in 1166 that began a transformation of English law and led to trial by jury in common law countries worldwide, and that established assize courts.
Defrocking, unfrocking, degradation, or laicization of clergy is the removal of their rights to exercise the functions of the ordained ministry. It may be grounded on criminal convictions, disciplinary problems, or disagreements over doctrine or dogma, but may also be done at their request for personal reasons, such as running for civil office, taking over a family business, declining health or old age, desire to marry against the rules for clergy in a particular church, or an unresolved dispute. The form of the procedure varies according to the Christian denomination concerned.
The Statutes of Mortmain were two enactments, in 1279 and 1290, passed in the reign of Edward I of England, aimed at preserving the kingdom's revenues by preventing land from passing into the possession of the Church. Possession of property by a corporation such as the Church was known as mortmain, literally "dead hand". In medieval England, feudal estates generated taxes for the King, principally on the grant or inheritance of the estate. If an estate became owned by a religious corporation which could never die, could never attain majority, and could never be attainted for treason, these taxes never became payable. It was akin to the estates being owned by the dead, hence the term.
Special Clerical Court, or Special Court for Clerics is a special Iranian judicial system for prosecuting crimes, both ordinary and political, committed by Islamic clerics and scholars. The Special Clerical Court can defrock and disbar Islamic jurists, give sentences of imprisonment, corporal punishment, execution, etc. The court functions independently of the regular Iranian judicial framework, with its own security and prison systems, "generally secret and confidential" cases, proceedings and procedures, and is accountable only to the Supreme Leader of Iran,. The most senior Islamic politician to be prosecuted and sentenced to prison since the Iranian Revolution was Abdollah Nouri who was sentenced to five years in prison for political and religious dissent by the court in 1999.
Anglo-Saxon law is a body of written rules and customs that were in place during the Anglo-Saxon period in England, before the Norman conquest. This body of law, along with early Medieval Scandinavian law and Germanic law, descended from a family of ancient Germanic custom and legal thought. However, Anglo-Saxon law codes are distinct from other early Germanic legal statements—known as the leges barbarorum, in part because they were written in Old English instead of in Latin. The laws of the Anglo-Saxons were the second in medieval Western Europe after those of the Irish to be expressed in a language other than Latin.
Church and state in medieval Europe was the relationship between the Catholic Church and the various monarchies and other states in Europe during the Middle Ages.
Roger de Pont L'Évêque was Archbishop of York from 1154 to 1181. Born in Normandy, he preceded Thomas Becket as Archdeacon of Canterbury, and together with Becket served Theobald of Bec while Theobald was Archbishop of Canterbury. While in Theobald's service, Roger was alleged to have committed a crime which Becket helped to cover up. Roger succeeded William FitzHerbert as archbishop in 1154, and while at York rebuilt York Minster, which had been damaged by fire.
Reginald Fitz Jocelin was a medieval Bishop of Bath and an Archbishop of Canterbury-elect in England. A member of an Anglo-Norman noble family, he was the son of a bishop, and was educated in Italy. He was a household clerk for Thomas Becket, but by 1167 he was serving King Henry II of England. He was also a favourite of King Louis VII of France, who had him appointed abbot of the Abbey of Corbeil. After Reginald angered Becket while attempting to help negotiate a settlement between Becket and the king, Becket called him "that offspring of fornication, that enemy to the peace of the Church, that traitor." When he was elected as a bishop, the election was challenged by King Henry's eldest son, Henry the Young King, and Reginald was forced to go to Rome to be confirmed by Pope Alexander III. He attended the Third Lateran Council in 1179, and spent much of his time administering his diocese. He was elected Archbishop of Canterbury in 1191, but died before he could be installed.
Gilbert Foliot was a medieval English monk and prelate, successively Abbot of Gloucester, Bishop of Hereford and Bishop of London. Born to an ecclesiastical family, he became a monk at Cluny Abbey in France at about the age of twenty. After holding two posts as prior in the Cluniac order he was appointed Abbot of Gloucester Abbey in 1139, a promotion influenced by his kinsman Miles of Gloucester. During his tenure as abbot he acquired additional land for the abbey, and may have helped to fabricate some charters—legal deeds attesting property ownership—to gain advantage in a dispute with the Archbishops of York. Although Foliot recognised Stephen as the King of England, he may have also sympathised with the Empress Matilda's claim to the throne. He joined Matilda's supporters after her forces captured Stephen, and continued to write letters in support of Matilda even after Stephen's release.
The doctrine of priest–penitent privilege does not apply in England. However, before the Reformation, England was a Roman Catholic country and the Seal of the Confessional had great authority in the English courts.
Becket is a 1964 British historical drama film about the historic, tumultuous relationship between Henry II of England and his friend-turned-bishop Thomas Becket. It is a dramatic film adaptation of the 1959 play Becket or the Honour of God by Jean Anouilh made by Hal Wallis Productions and released by Paramount Pictures. It was directed by Peter Glenville and produced by Hal B. Wallis with Joseph H. Hazen as executive producer. The screenplay was written by Edward Anhalt based on Anouilh's play. The music score was by Laurence Rosenthal, the cinematography by Geoffrey Unsworth and the editing by Anne V. Coates.
Hilary was a medieval bishop of Chichester in England. English by birth, he studied canon law and worked in Rome as a papal clerk. During his time there, he became acquainted with a number of ecclesiastics, including the future Pope Adrian IV, and the writer John of Salisbury. In England, he served as a clerk for Henry of Blois, who was the bishop of Winchester and brother of King Stephen of England. After Hilary's unsuccessful nomination to become Archbishop of York, Pope Eugene III compensated him by promoting him to the bishopric of Chichester in 1147.
Robert de Chesney was a medieval English Bishop of Lincoln. He was the brother of an important royal official, William de Chesney, and the uncle of Gilbert Foliot, successively Bishop of Hereford and Bishop of London. Educated at Oxford or Paris, Chesney was Archdeacon of Leicester before his election as bishop in December 1148.
Henry II, also known as Henry Fitzempress and Henry Curtmantle, was King of England from 1154 until his death in 1189. During his reign he controlled England, substantial parts of Wales and Ireland, and much of France, an area that altogether was later called the Angevin Empire, and also held power over Scotland and the Duchy of Brittany.
The Becket controversy or Becket dispute was the quarrel between Archbishop of Canterbury Thomas Becket and King Henry II of England from 1163 to 1170. The controversy culminated with Becket's murder in 1170, and was followed by Becket's canonization in 1173 and Henry's public penance at Canterbury in July 1174.
Ranulf de Broc was an Anglo-Norman nobleman and royal official during the reign of King Henry II of England. He held two offices in the royal household as well as performing other administrative duties for the king. During the Becket controversy between King Henry and Thomas Becket, the Archbishop of Canterbury, de Broc supported the king and was granted the administration of the exiled archbishop's lands during the later half of the 1160s. This earned de Broc three sentences of excommunication from the archbishop because of de Broc's financial exactions from the estates. De Broc was with the four men who murdered Becket in December 1170, although he did not take part in the actual murder. At de Broc's death around 1179, he left behind a widow and five daughters, who were his co-heiresses.