The Narrative and Analysis of Constitutions of Clarendon |
|
Author | MaHaiYing |
Tutor | WangYunLong |
School | Northeast Normal University |
Course | World History |
Keywords | the common law kingship religious right Constitutions of Clarendon |
CLC | K561.32 |
Type | Master's thesis |
Year | 2013 |
Downloads | 0 |
Quotes | 0 |
Constitutions of Clarendon was promulgated by the King Henry II of England atClarendon in1164. Constitutions of Clarendon is composed by the acts or regulationsand consists of a preamble and16articles.It is known as the16practices, concessionsand privileges of records of Henry I and had been recognized by the clergy and nobility.It tried to restore and reconstruct the royal supremacy for the church by reaffirming thelaw and practice of the reign of Henry I.Constitutions of Clarendon can be roughly divided into three parts. The first part:exclusive jurisdiction of the royal courts include advowson, real estate and debt litigationand so on; The second part: jurisdictional provisions of the church include benefit ofclergy,ecclesiastical court punishment power and appeals in the case of religion issueand so on; The third part: provisions of other powers include certain traditional privilegesof the king for the church, punishment for expulsion, jurisdiction of church property,ordinary criminal cases, cooperation of the king and the church and so on. Through theabove provisions, a series of jurisdictions were back into the jurisdiction of the royalcourt in Anarchy, and Constitutions of Clarendon also rearranged and defined the scopeof authority between ecclesiastical court and royal court.In summary, Constitutions of Clarendon was built on the top of the dual powerstructure in England, and was the result of checks and balances between spiritual powerand secular power. Constitutions of Clarendon has two main aspects of value:constitutional value and legal value. It laid the foundation for checks and balances ofpowers of political system in England. It promoted the development of ideas andevolution of the system in both secular law and canon law. It promoted the process ofEngland judicature and the initial formation of the common law.