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CLARENDON, CONSTITUTIONS OF

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Originally appearing in Volume V06, Page 436 of the 1911 Encyclopedia Britannica.
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CLARENDON, CONSTITUTIONS OF , a See also:body of See also:English See also:laws issued at Clarendon in 1164, by which See also:Henry II. endeavoured to See also:settle the relations between See also:Church and See also:State. Though they purported to declare the usages on the subject which prevailed in the reign of Henry I. they were never accepted by the See also:clergy, and were formally renounced by the See also:king at See also:Avranches in See also:September 1172. Some of them, however, were in See also:part at least, as they all purported to be, declaratory of See also:ancient usage and remained in force after the royal renunciation. Of the sixteen provisions the one which provoked the greatest opposition was that which declared in effect that criminous clerks were to be summoned to the king's See also:court, and from there, after formal See also:accusation and See also:defence, sent to the proper ecclesiastical court for trial. If found guilty they were to be degraded and sent back to the king's court for See also:punishment. Another See also:provision, which in spite of all opposition obtained a permanent See also:place in English See also:law, declared that all suits even between clerk and clerk concerning advowsons and presentations should be tried in the king's court. By other provisions appeals to See also:Rome without the See also:licence of the king were forbidden. None of the clergy were to leave the See also:realm, nor were the king's tenants-in-See also:chief and ministers to be excommunicated or their lands interdicted without the royal permission. Pleas of See also:debt, whether involving a question of See also:good faith or not, were to be in the See also:jurisdiction of the king's courts. Two most interesting provisions, to which the clergy offered no opposition, were: (I) if a dispute arose between a clerk and a layman concerning a See also:tenement which the clerk claimed as See also:free-See also:alms (frankalmoign) and the layman as a See also:lay-See also:fee, it should be determined by the recognition of twelve lawful men before the king's See also:justice whether it belonged to free-alms or lay-fee, and if it were found to belong to free-alms then the plea was to be held in the ecclesiastical court, but if to lay-fee, in the court of the king or of one of his magnates; (2) a See also:declaration of the See also:procedure for See also:election to bishoprics and royal abbeys, generally considered to state the terms of the See also:settlement made between Henry I. and See also:Anselm in 1107.

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CLARENDON, EDWARD HYDE, 1ST EARL OF (1609-1674)