The English Church From the Norman Conquest to the Accession of Edward I (1066-1272)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1901 edition. Excerpt: ...having become laymen, be subject to the penalties of the secular court. Such, he contended, had been the custom in his grandfather's days, and all that he asked' was that it should remain in force. He argued with good reason that degradation from his sacred office would not deter a clerk from repeating a crime which reverence for his office had not originally deterred him from committing. The archbishop and bishops, on the other hand, after a long discussion in private, maintained that the custom was an innovation and an infringement of canon law, which forbade the trial of clerks in secular courts, a prohibition based on the teaching of Holy Scripture. Joab and Abiathar the priest had been guilty of the same crime in putting Adonijah to death; but while Joab was executed, Abiathar had been only deposed from his office. They quoted Nahum i. 9 (Septuagint version), God does not give two judgments on the same matter. To subject clerks to double penalties would, abase them too much before the laity. All that the bishops would concede was, that if a clerk, who had been degraded by the Church court for some crime, committed it again, he should then be handed over as a mere layman to the secular court. The king, still dissatisfied, demanded unconditional acquiescence in the ancient custom; but the bishops would only promise submission "saving their order." Henry waxed furious, and abruptly quitted the assembly without giving or receiving any salutation. The next day it was found that he had gone from London; the archbishop was summoned to surrender some of the castles which he had held from the time that he was chancellor, and soon afterwards the young Henry was removed from his guardianship. A private conference between the king and the...