What limits are there on the powers of kings in England?
Related questions
Question
What limits are there on the powers of kings in England? DON’T REJECT THE QUESTION PLEASE LET SOMEONE ELSE ANSWER. THANK YOU.
Transcribed Image Text:12:46
HIST 103 21 WRA 6.pdf
9. If litigation arise between a clerk concerning any holding which the clerk would bring to charitable tenure but the
layman to lay fee, it shall be determined on the decision of the king's chief justice by the recognition of twelve lawful
of the king's justice himself whether the holding pertain to charitable tenure or to lay fee. And if
re it to be charitable tenure, it shall be litigated in the church court, but if lay fee, unless both
: bishop or baron, the litigation shall be in the royal court. But if both plead concerning that fief
p or baron, it shall be litigated in his court; yet so that he who was first seised' lose not his seisin
3 of 3
.. un ecognition that was made, until the matter be determined by the plea.
10. If any one who is of a city, castle, borough, or demesne manor of the king shall be cited by archdeacon or bishop
for any offense for which he ought to behekl answerable to them and despite their summonses he refuse to do what is
right, it is fully permissible to place him under interdict, but he ought not to be excommunicated before the king's
chief official of that vill shall agree, in order that he may authoritatively constrain him to come to his trial. But if the
' In older English, the word "clerk" referred to all those in religious orders, including priests and monks.
' Derived from the old Latin villa, here it means a small rural district. Think of it as a township.
'The "demesne" (deh-MAIN) was all of the lands and properties owned directly by a feudal lord. In this case, this is
the royal demesne of King Henry II.
*The English king's chief judicial officer.
'These two words, the first a verb, the second a noun, are related to legally holding a fief, property granted to a vassal
by a feudal lord. Basically ".he who was first legally granted title to the fief lose not his legal right to hold it.
king's official fail in this, he himself shall be in the lord king's mercy; and then the bishop shall be able to coerce the
accused man by ecclesiastical authority.
11. Archbishops, bishops, and all ecclesiastics of the kingdom who hold of the king in chief have their possessions of
the lord king as barony and answer for them to the king's justices and ministers and folkw and do all royal rights and
customs; and they ought, just like other barons, to be present at the judgments of the lord king's court along with the
barons, until it come in judgment to loss of limbs or death.
12. When an archbishopric or bishopric, or an abbey or priory of the king's demesne shall be vacant, it ought to be in
his hands, and he shall assume its revenues and expenses as pertaining to his demesne. And when the time comes to
provide for the church, the lord king should notify the more important clergy of the church, and the election should
be held in the lord king's own chapel with the assent of the lord king and on the advice of the clergy of the realm
whom he has summoned for the purpose. And there, before he be consecrated, let the elect perform homage and
fealty to the lord king as his liege lord for life, limbs, and earthly honor, saving his order.
ISource tranalated in Alben Beebe White and Wallace Notestein, ods, Sounce Prublema in Englah Histery (New York: Harper and Brothen, 1915)
I
![12:46
ull
HIST 103 21 WRA 6.pdf
•..
uondo ur seu oo S aioon 'adurxa zo1 uasÁs pasra-pnoaru uaunaon an o
download your work in the above formats. Upload that into Blackboard.
1. Roger of Wendover: National Regulations of Weights & Measures, 1187-1228
In the same year (11871.
Lon the day of St. Edmund the king and martyr, King Richard, at the instance of Hubert
archbishop of Canterbury and justiciary of England, made a decree at Westminster, that, throughout England all
measures of corn and pulse, both in cities and other places, should be of the same size, and especially the measure of
ale, wine, and the weights of merchants. It was also decreed that woolen doths in all parts of the kingdom shoukd be
two ells wide, within the borders, and should be as good in the middle as they were at the sides. It was, moreover,
decreed that no trader should hang up before his shop red or black cloths, or anything else by which the sight of
purchasers should be deceived in choosing a good cloth. A decree was also passed that no dye, except black, should be
anywhere made use of in the kingdom, except in the capital cities or the boroughs; and if any one should be convicted
of transgressing any of these laws, that his body should be imprisoned, and his goods confiscated to the revenue.
King Henry [II]| kept Christmas with all due solemnity at York (1228) and immediately afterwards set out by the direct
road for London. In this journey he found a deficiency in the measures of corn, wine, and beer, of which he broke
some and burnt others, and substituting langer ones, he ordered the bread to be made of heavier weight, and that
those who broke this law should be heavily fined.
ISource Roger of Wendover's Floum of Hatury, trana. by J. A. Gile, (London. H. G. Bohn, 1849, Vol. II, pp. 169, 497, reprinted in Roy C. Cave
& Herbert H. Coabson, A Source Book for Medieval Economic History. Milenkee: The Bruce Publishing Co. 1936; reprint ed. New York: Biblo
& Tannen, 1965). pp. 103-104. Scanned by Jerome S. Arkenberg. Cal. Stte Fullernon. The text has been modernised by Prof. Arkenberg
2. Constitutions of Clarendon, 1164
(Explanatory note: King Henry Il of England made the following decrees in an attempe to recover traditional powers of the king
that had been challenged by the feudal kords and higher clergy during the anarchy of Henry's predecessor King Stephen. I will also
be providing footnotes to help explain unfamiliar terms in the text)
1. If a controversy arise between laymen, or between laymen and clerks,' or between clerks concerning patronage and
presentation of churches, it shall be treated or concluded in the court of the lord king.
2. Churches of the lord king's fee cannot be permanently bestowed without his consent and grant.
3. Clerks charged and accused of any matter, summoned by the king's justice, shall come into his court to answer there
to whatever it shall seem to the king's court should be answered there; and in the church court to what it seems should
be answered there; however the king's justice shall send into the court of holy Church for the purpose of seeing how
the matter shall be treated there. And if the clerk be convicted or confess, the church ought not to protect him further.
4. It is not permitted the archbishops, bishops, and priests of the kingdom to leave the kingdom without the lord
king's permission. And if they do leave they are to give security, if the lord king please, that they will seek no evil or
damage to king or kingdom in going, in making their stay, or in returning.
5. Excommunicated persons ought not to give security for an indefinite time, or give an cath, but only security and
pledge for submitting to the judgment of the church in order that they may be absolved.
6. Laymen ought not to be accused save by dependable and lawful accusers and witnesses in the presence of the
bishop, yet so that the archdeacon kose not his right or anything which he ought to have thence. And if there should
be those who are deemed culpable, but whom no one wishes or dares to accuse, the sheriff, upon the bishop's request,
shall cause twehe lawful men of the neighborhood or the vill' to take oath before the bishop that they will show the
truth of the matter according to their conscience.
7. No one who holds of the king in chief or any of the officials of his demesne' is to be excommunicated or his lands
placed under interdict unless the lord king, if he be in the land, or his justiciar," if he be outside the kingdom, first
gives his consent, that he may do for him what is right: yet so that what pertains to the royal court be condluded there,
and what looks to the church court be sent thither to be concluded there.
8. As to appeals which may arise, they should pass from the archdeacon to the bishop, and from the bishop to the
archbishop. And if the archbishop fail in furnishing justice, the matter should come to the lord king at the last, that at
his command the litigation be concluded in the archbishop's court; and so because it should not pass further without
the lord king's consent.
9. If litigation arise between a clerk concerning any holding which the clerk would bring to charitable tenure but the
layman to lay fee, it shall be determined on the decision of the king's chief justice by the recognition of twelve lawful
men in the presence of the king's justice himself whether the holding pertain to charitable tenure or to lay fee. And if
the recognition declare it to be charitable tenure, it shall be litigated in the church court, but if lay fee, unless both
plead under the same bishop or baron, the litigation shall be in the royal court. But if both plead concerning that fief
under the same bishop or baron, it shall be litigated in his court; yet so that he who was first seised' lose not his seisin
on account of the recognition that was made, until the matter be determined by the plea
10. If any one who is of a city, castle, borough, or demesne manor of the king shall be cited by archdeacon or bishop
for any offense for which he ought to behekd answerable to them and despite their summonses he refuse to do what is
right, it is fully permissible to place him under interdict, but he ought not to be excommunicated before the king's
chief official of that vill shall agree, in order that he may authoritatively constrain him to come to his trial. But if the
'In older English, the word "clerk" referred to all those in religious orders, including priests and monks.
Derived from the old Latin villa, here it means a small rural district. Think of it as a township.
'The "demesne" (deh-MAIN) was all of the lands and properties owned directly by a feudal lord. In this case, this is
the royal demesne of King Henry II.
* The English king's chief judicial officer.
'These two words, the first a verb, the second a noun, are related to legally holding a fief, property granted to a vassal
by a feudal lord. Basically: ".he who was first legally granted title to the fief lose not his legal right to hold it."](/v2/_next/image?url=https%3A%2F%2Fcontent.bartleby.com%2Fqna-images%2Fquestion%2F72072a7e-cb22-4e0a-926e-24ea3c0f3f80%2F99ae44a6-342f-4599-8ea8-3f38e522eb59%2Fem27aea_processed.jpeg&w=3840&q=75)
Transcribed Image Text:12:46
ull
HIST 103 21 WRA 6.pdf
•..
uondo ur seu oo S aioon 'adurxa zo1 uasÁs pasra-pnoaru uaunaon an o
download your work in the above formats. Upload that into Blackboard.
1. Roger of Wendover: National Regulations of Weights & Measures, 1187-1228
In the same year (11871.
Lon the day of St. Edmund the king and martyr, King Richard, at the instance of Hubert
archbishop of Canterbury and justiciary of England, made a decree at Westminster, that, throughout England all
measures of corn and pulse, both in cities and other places, should be of the same size, and especially the measure of
ale, wine, and the weights of merchants. It was also decreed that woolen doths in all parts of the kingdom shoukd be
two ells wide, within the borders, and should be as good in the middle as they were at the sides. It was, moreover,
decreed that no trader should hang up before his shop red or black cloths, or anything else by which the sight of
purchasers should be deceived in choosing a good cloth. A decree was also passed that no dye, except black, should be
anywhere made use of in the kingdom, except in the capital cities or the boroughs; and if any one should be convicted
of transgressing any of these laws, that his body should be imprisoned, and his goods confiscated to the revenue.
King Henry [II]| kept Christmas with all due solemnity at York (1228) and immediately afterwards set out by the direct
road for London. In this journey he found a deficiency in the measures of corn, wine, and beer, of which he broke
some and burnt others, and substituting langer ones, he ordered the bread to be made of heavier weight, and that
those who broke this law should be heavily fined.
ISource Roger of Wendover's Floum of Hatury, trana. by J. A. Gile, (London. H. G. Bohn, 1849, Vol. II, pp. 169, 497, reprinted in Roy C. Cave
& Herbert H. Coabson, A Source Book for Medieval Economic History. Milenkee: The Bruce Publishing Co. 1936; reprint ed. New York: Biblo
& Tannen, 1965). pp. 103-104. Scanned by Jerome S. Arkenberg. Cal. Stte Fullernon. The text has been modernised by Prof. Arkenberg
2. Constitutions of Clarendon, 1164
(Explanatory note: King Henry Il of England made the following decrees in an attempe to recover traditional powers of the king
that had been challenged by the feudal kords and higher clergy during the anarchy of Henry's predecessor King Stephen. I will also
be providing footnotes to help explain unfamiliar terms in the text)
1. If a controversy arise between laymen, or between laymen and clerks,' or between clerks concerning patronage and
presentation of churches, it shall be treated or concluded in the court of the lord king.
2. Churches of the lord king's fee cannot be permanently bestowed without his consent and grant.
3. Clerks charged and accused of any matter, summoned by the king's justice, shall come into his court to answer there
to whatever it shall seem to the king's court should be answered there; and in the church court to what it seems should
be answered there; however the king's justice shall send into the court of holy Church for the purpose of seeing how
the matter shall be treated there. And if the clerk be convicted or confess, the church ought not to protect him further.
4. It is not permitted the archbishops, bishops, and priests of the kingdom to leave the kingdom without the lord
king's permission. And if they do leave they are to give security, if the lord king please, that they will seek no evil or
damage to king or kingdom in going, in making their stay, or in returning.
5. Excommunicated persons ought not to give security for an indefinite time, or give an cath, but only security and
pledge for submitting to the judgment of the church in order that they may be absolved.
6. Laymen ought not to be accused save by dependable and lawful accusers and witnesses in the presence of the
bishop, yet so that the archdeacon kose not his right or anything which he ought to have thence. And if there should
be those who are deemed culpable, but whom no one wishes or dares to accuse, the sheriff, upon the bishop's request,
shall cause twehe lawful men of the neighborhood or the vill' to take oath before the bishop that they will show the
truth of the matter according to their conscience.
7. No one who holds of the king in chief or any of the officials of his demesne' is to be excommunicated or his lands
placed under interdict unless the lord king, if he be in the land, or his justiciar," if he be outside the kingdom, first
gives his consent, that he may do for him what is right: yet so that what pertains to the royal court be condluded there,
and what looks to the church court be sent thither to be concluded there.
8. As to appeals which may arise, they should pass from the archdeacon to the bishop, and from the bishop to the
archbishop. And if the archbishop fail in furnishing justice, the matter should come to the lord king at the last, that at
his command the litigation be concluded in the archbishop's court; and so because it should not pass further without
the lord king's consent.
9. If litigation arise between a clerk concerning any holding which the clerk would bring to charitable tenure but the
layman to lay fee, it shall be determined on the decision of the king's chief justice by the recognition of twelve lawful
men in the presence of the king's justice himself whether the holding pertain to charitable tenure or to lay fee. And if
the recognition declare it to be charitable tenure, it shall be litigated in the church court, but if lay fee, unless both
plead under the same bishop or baron, the litigation shall be in the royal court. But if both plead concerning that fief
under the same bishop or baron, it shall be litigated in his court; yet so that he who was first seised' lose not his seisin
on account of the recognition that was made, until the matter be determined by the plea
10. If any one who is of a city, castle, borough, or demesne manor of the king shall be cited by archdeacon or bishop
for any offense for which he ought to behekd answerable to them and despite their summonses he refuse to do what is
right, it is fully permissible to place him under interdict, but he ought not to be excommunicated before the king's
chief official of that vill shall agree, in order that he may authoritatively constrain him to come to his trial. But if the
'In older English, the word "clerk" referred to all those in religious orders, including priests and monks.
Derived from the old Latin villa, here it means a small rural district. Think of it as a township.
'The "demesne" (deh-MAIN) was all of the lands and properties owned directly by a feudal lord. In this case, this is
the royal demesne of King Henry II.
* The English king's chief judicial officer.
'These two words, the first a verb, the second a noun, are related to legally holding a fief, property granted to a vassal
by a feudal lord. Basically: ".he who was first legally granted title to the fief lose not his legal right to hold it."
Expert Solution
This question has been solved!
Explore an expertly crafted, step-by-step solution for a thorough understanding of key concepts.
This is a popular solution!
Trending now
This is a popular solution!
Step by step
Solved in 2 steps
