Legal Definitions - Constitutions of Clarendon

The Constitutions of Clarendon were a set of legal provisions issued in 1164 by King Henry II of England. Their primary aim was to clarify and assert the jurisdiction of the king's royal courts over the ecclesiastical (church) courts, particularly concerning members of the clergy and matters traditionally handled by the Church. Essentially, Henry II sought to reduce the independent legal power of the Church in England and ensure that all subjects, including clergy, were subject to royal law and justice. This initiative led to a significant conflict between King Henry II and Thomas Becket, the Archbishop of Canterbury, over the extent of royal authority versus church authority in legal matters.

Here are some examples illustrating the intent and impact of the Constitutions of Clarendon:

• A Priest Accused of a Crime: Imagine a priest in 12th-century England is accused of theft. Before the Constitutions, he would likely be tried exclusively in an ecclesiastical court, which might impose spiritual penalties like penance or defrocking, but could not sentence him to a secular punishment like imprisonment or execution. The Constitutions of Clarendon aimed to change this by stipulating that clergy accused of serious crimes should first be tried in a royal court. If found guilty, they would then be handed over to the ecclesiastical court for defrocking, after which they could be returned to the royal court for secular punishment. This example highlights the Constitutions' goal of subjecting clergy to royal justice for criminal offenses.

• Disputes Over Property Ownership: Consider a disagreement between a layperson (a non-clergyman) and a church monastery over who rightfully owns a piece of land. Before the Constitutions, such a dispute, especially if it involved church property or personnel, might frequently be heard and decided in an ecclesiastical court. The Constitutions of Clarendon sought to bring most land disputes, even those involving the Church, under the jurisdiction of the king's royal courts. This was a crucial step in establishing the king's courts as the supreme authority for property law, thereby limiting the Church's influence over significant economic and social matters.

• Appeals from Church Court Decisions: If someone was unhappy with a decision made in an ecclesiastical court, they might appeal directly to the Pope in Rome, bypassing the king's authority entirely. One of the provisions in the Constitutions of Clarendon aimed to restrict this direct appeal to Rome. It stated that appeals from ecclesiastical courts should first go to the Archbishop, then to the King, and only with the King's permission could they proceed further to the Pope. This provision clearly demonstrates the Constitutions' intent to assert royal control over the judicial process, even within the Church's own legal system, and to prevent the bypassing of royal authority.