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c.
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Clerical reform—Leo IX, Gregory VII: simony, lay investiture, lay
ownership of churches, clerical celibacy, general moral reform, primacy of
the papacy
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b.
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Letter to Gregory VII (1073 X 1085, probably earlier in that span)
“To Gregory, the most noble shepherd of the Holy
Church, William, by the grace of
God renowned king of the English, and duke of the Normans, greeting with amity.”
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a.
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The Constitutions of Clarendon (1164)
[c.9] “If a claim is raised by a clergyman against a layman, or by a layman
against a clergyman, with regard to any tenement which the clergyman wishes
to treat as free alms, but which the layman [wishes to treat] as lay fee,
let it, by the consideration of the king’s chief justice and in the
presence of the said justice, be settled through the recognition of twelve
lawful men whether the tenement belongs to free alms or to lay fee. And if it is recognized as belonging to
free alms, the plea shall be [held] in the ecclesiastical court; but if [it
is recognized as belonging] to lay fee, unless both call upon the same
bishop or [other] baron, the plea shall be [held] in the king’s court. But if, with regard to that fee, both
call upon the same bishop or [other] baron, the plea shall be [held] in his
court; [yet] so that, on account of the recognition which has been made, he
who first was seised [of the land] shall not lose his seisin until proof
[of the title] has been made in the plea.”
[c.1] “If controversy arises between laymen, between
laymen and clergymen, with regard to advowson and presentation to churches,
it shall be treated or concluded in the court of the lord king.”
[c.3] “Clergymen charged and accused of anything shall,
on being summoned by a justice of the king, come into his court, to be
responsible there for whatever it may seem to the king’s court they should
there be responsible for; and [to be responsible] in the ecclesiastical
court [for what] it may seem they should there be responsible for—so that
the king’s justice shall send into the court of Holy Church to see on what
ground matters are there to be treated.
And if the clergyman is convicted, or [if he] confesses, the Church
should no longer protect him.”
[c.8] “With regard to appeals, should they arise—they
should proceed from the archdeacon to the bishop, and from the bishop to
the archbishop. And if the
archbishop fails to provide justice, recourse should finally be had to the
lord king, in order that by his precept the controversy may be brought to
an end in the court of the archbishop; so that it should not proceed
further without the assent of the lord king.”
[c.15] “Pleas of debt, owed under pledge of faith or
without pledge of faith, belong to the king’s justice.”
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