Eleanor Finch
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 represented an attempt to restrict ecclesiastical privileges and curb the power of the Church courts. The document became a major source of conflict between King Henry II and Thomas Becket, the Archbishop of Canterbury, who was murdered in 1170. After the murder, Henry revoked the two controversial clauses, but the rest of the Constitutions remained in effect and were integrated into the common law of England.
| Characteristics | Values |
|---|---|
| Date of enactment | 1164 |
| Enactor | Henry II of England |
| Number of articles | 16 |
| Purpose | To restrict ecclesiastical privileges, curb the power of Church courts, and limit the authority of the Pope and his clergy |
| Inspiration | To deal with "criminous clerks" and increase Henry II's power |
| Controversy | Thomas Becket, Archbishop of Canterbury, refused to accept the laws, leading to his murder in 1170 |
| Outcome | Two controversial clauses were revoked, but the rest of the Constitutions remained in effect and were integrated into English common law |
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What You'll Learn
- The Constitutions of Clarendon were passed in 1164
- They were an attempt to limit the power of the Church
- The controversy surrounding the constitutions led to the murder of Thomas Becket
- The constitutions were composed of 16 articles
- The constitutions were an important step in the development of English law
The Constitutions of Clarendon were passed in 1164
During the anarchic conditions of Henry II's predecessor, Stephen, the Church had extended its jurisdiction by taking advantage of the weakness of royal authority. The Constitutions aimed to restore the law as it was observed during the reign of Henry I. They were named after Clarendon Palace, Wiltshire, the royal hunting lodge where they were promulgated.
The primary goal of the Constitutions was to address the issue of ""criminous clerks", or clergy accused of committing serious secular crimes but tried in ecclesiastical courts under "benefit of clergy". Henry II wanted to subject clerics accused of common-law crimes to the jurisdiction of secular courts and the king's court. This included cases where there was a dispute over land donated to the church, which Henry decreed should be heard in the royal court. The Constitutions also limited the bishops' powers of excommunication and regulated royal control over episcopal elections.
The Constitutions of Clarendon were a major source of conflict between King Henry II and Thomas Becket, the Archbishop of Canterbury. Becket refused to accept the laws, which he saw as a threat to the freedom of the Church. This led to a bitter dispute between the two men, which ultimately ended in Becket's murder in 1170. After Becket's murder, Henry revoked the two controversial clauses that went against canon law, but the rest of the Constitutions remained in effect and were integrated into English common law.
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They were an attempt to limit the power of the Church
The Constitutions of Clarendon were a set of legislative procedures passed by Henry II of England in 1164. They were composed of 16 articles and represented an attempt to restrict ecclesiastical privileges and curb the power of the Church courts and the extent of papal authority in England.
The Constitutions aimed to deal with the controversial issue of "criminous clerks", or clergy accused of committing serious secular crimes but tried in ecclesiastical courts under "benefit of clergy". Ecclesiastical courts were notoriously lenient towards "criminous clerks", and the Constitutions sought to address this by exposing priests charged with serious felonies to secular punishment. This provision provoked the greatest protest from Thomas Becket, the Archbishop of Canterbury, who resisted the Constitutions, particularly the clause concerning "criminous clerks".
The Constitutions also included measures to limit the jurisdiction of the Church courts. They stated that clerics accused of common-law crimes, rather than violations of canon law, were to be tried in the king's court. This represented a significant change, as clergy members were often exempt from secular justice before the Constitutions of Clarendon. The procedures for making appeals in ecclesiastical law were also revised, with the final decision resting with the king rather than the pope.
In addition to curbing the power of the Church courts, the Constitutions of Clarendon sought to restrict the authority of the pope and clergy by subjecting them to the secular jurisdiction of the king's court. For example, the king's consent was required for clerics to leave the realm or for judicial appeals to be made to Rome. The Constitutions also limited the powers of bishops to excommunicate and interdict, and they regulated royal control over episcopal elections.
Overall, the Constitutions of Clarendon were seen as an attempt by Henry II to control or reassert control over the Church in England. They provoked a famous quarrel between Henry II and Thomas Becket, which ultimately led to Becket's murder and elevation to sainthood, as well as a papal interdict against England.
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The controversy surrounding the constitutions led to the murder of Thomas Becket
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 represented an attempt to restrict ecclesiastical privileges and curb the power of the Church courts, particularly targeting the issue of ""criminous clerks". The controversy surrounding the Constitutions of Clarendon was a key factor leading to the murder of Thomas Becket in 1170.
Thomas Becket served as Lord Chancellor from 1155 to 1162 and then as Archbishop of Canterbury from 1162 until his death. He was a former friend and chancellor of King Henry II and had agreed to the substance of the Constitutions of Clarendon, but he refused to formally sign the documents. This was due to his resistance to the clauses concerning "criminous clerks", which would allow convicted clerics to be punished in secular courts.
The quarrel between King Henry II and Becket culminated in Becket's trial at Northampton, after which Becket fled into exile with his family. The ensuing controversy became so bitter that Becket was eventually murdered by followers of the King in Canterbury Cathedral on 29 December 1170. The four knights responsible for Becket's murder were inspired by Henry's question, "Will no one rid me of this turbulent priest?".
The Constitutions of Clarendon were seen as either an innovation by Henry to control the church in England or an attempt to reassert controls established after the Norman Conquest. The controversy surrounding the Constitutions led to numerous unsuccessful negotiations, with both sides resorting to actions that escalated the dispute. The conflict between the king and Becket also extended beyond the Constitutions, with Becket threatening excommunication and an interdict against the king, bishops, and the kingdom.
In summary, the controversy surrounding the Constitutions of Clarendon, particularly the clauses concerning the treatment of "criminous clerks", was a significant factor in the murder of Thomas Becket. The dispute between King Henry II and Becket involved competing ideals of royal and ecclesiastical authority, with Becket's resistance to the Constitutions ultimately leading to his exile and murder.
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The constitutions were composed of 16 articles
The Constitutions of Clarendon were a set of legislative procedures passed by Henry II of England in 1164. The 16 articles that made up the Constitutions were an attempt to restrict the privileges of the Church and curb the power of the ecclesiastical courts. The Church had extended its jurisdiction during the anarchic conditions of Henry II's predecessor, Stephen, who reigned from 1135 to 1154. The Constitutions aimed to restore the law as it was observed during the reign of Henry I, from 1100 to 1135.
The Constitutions of Clarendon were promulgated at Clarendon Palace, a royal hunting lodge in Wiltshire. The document's primary goal was to address the controversial issue of "criminous clerks", or clergy accused of committing serious secular crimes but tried in ecclesiastical courts under "benefit of clergy". The Constitutions stipulated that these clergymen could face further punishment in secular courts after being defrocked by the Church.
Several clauses in the Constitutions of Clarendon ran counter to Canon Law. For instance, clauses 6 and 8 forbade clergy from leaving the country or appealing to Rome without the king's permission. Clauses 5, 6, and 10 limited the bishops' powers of excommunication, while clause 12 regulated royal control over episcopal elections. Four other clauses defined questions of jurisdiction in the king's favour, including the punishment of criminous clerks.
The Constitutions of Clarendon became a major source of conflict between Henry II and Thomas Becket, the Archbishop of Canterbury and Henry's former chancellor and friend. Thomas resisted the Constitutions, particularly the clause concerning criminous clerks. This disagreement led to a bitter dispute that ultimately resulted in Thomas's murder and subsequent elevation to sainthood. After Thomas's death, Henry revoked the two controversial clauses that went against canon law.
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The constitutions were an important step in the development of English law
The Constitutions of Clarendon were a set of legislative procedures passed by Henry II of England in 1164. They were composed of 16 articles and represented an attempt to restrict ecclesiastical privileges and curb the power of the Church courts and the extent of papal authority in England. The Constitutions were an important step in the development of English law as they clarified the customs governing relations between the Church and the state.
During 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 aimed to restore the law as it was observed during the reign of Henry I (1100–1135). They took their name from Clarendon Palace, Wiltshire, the royal hunting lodge at which they were promulgated. The Constitutions' primary goal was to address the controversial issue of "criminous clerks", or clergy accused of committing serious secular crimes but tried in ecclesiastical courts under "benefit of clergy".
Henry II required the bishops to swear to observe the ancient customs of the kingdom and submit to the written provisions. Several clauses in the Constitutions ran counter to Canon Law, including forbidding clergy from leaving the country or appealing to Rome without royal permission, limiting the bishops' powers of excommunication, and regulating royal control of episcopal elections. The Constitutions also introduced innovations in procedures, such as a new process for handling disputes between clergy and laity about land ownership.
The Constitutions of Clarendon have been interpreted as either an innovation by Henry II to control the Church in England or an attempt to reassert controls established after the Norman Conquest. Norman Cantor, in his book "The Civilization of the Middle Ages", argues that Henry II was primarily reasserting control over the Church following the tradition established by his great-grandfather, William I. The Constitutions represented an important step in the development of English law by defining the respective powers of the Church and the state and clarifying the procedures for handling disputes between them.
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Frequently asked questions
The Constitutions of Clarendon were issued in 1164 and remained in effect until at least the 13th century.
The Constitutions of Clarendon were a set of legislative procedures passed by Henry II of England. They were composed of 16 articles and represented an attempt to restrict the privileges of the Church and curb the power of the ecclesiastical courts.
The primary goal of the Constitutions was to deal with the issue of "criminous clerks", or clergy accused of committing a serious secular crime but tried in ecclesiastical courts.
The Constitutions were opposed by Thomas Becket, the Archbishop of Canterbury, who was murdered in 1170.
The Constitutions of Clarendon were a major source of conflict between King Henry II and Thomas Becket, but they also helped to establish the power of the secular courts over the church courts and were an important step in the development of English law.
