Magna Carta: A Commentary on the Great Charter of King John
III.: William I. to Henry II.—Problem of Church and State.
20th Century William Sharp McKechnie EnglishThe Church had been, from an early date, in tacit alliance with the Crown. The friendly aid of a line of statesman–prelates from Dunstan downwards had given to the Anglo–Saxon monarchy much of the little strength it possessed. Before the Conquest the connection between Church and State had been exceedingly close, so much so that no one thought of drawing a sharp dividing line between. What afterwards became two separate entities were at first merely two aspects of one society, which comprehended all classes of the people. Change came with the Norman Conquest; for the English Church was brought into closer contact with Rome, and with the ecclesiastical ideals prevailing on the Continent. Yet no fundamental alteration resulted; the friendly relations that bound the prelates to the English throne remained intact, while English Churchmen continued to look to Canterbury, rather than to Rome, for guidance.
Gratitude to the Pope for moral support in effecting the Conquest never modified William’s determination to allow no unwarranted papal interference in his new domains. His letter, both outspoken and courteous, in reply to papal demands is still extant:—“I refuse to do fealty nor will I, because neither have I promised it, nor do I find that my predecessors did it to your predecessors.” Peter’s pence he was willing to pay at the rate recognized by his Saxon predecessors; but all encroachments would be politely repelled.
In settling the country newly reduced to his domination, the Duke of Normandy found his most valuable adviser in a former prior of the Norman Abbey of Bec, whom he raised to be Primate of all England. No record has come down to us of any serious dispute between William and Lanfranc. Friendly relations between King and Archbishop continued, notwithstanding Anselm’s condemnation of the evil deeds of Rufus. Anselm supported that King’s authority over the Norman magnates, even while he resented his evil practices towards the Church. He contented himself with a dignified protest (made emphatic by a withdrawal of his presence from England) against unfair exactions from English prelates, and against the long intervals during which vacancies remained unfilled.
Returning at Rufus’s death from a sort of honourable banishment at Rome, Anselm found himself compelled, by his conscience and the recent decrees of a Lateran Council, to enter on the great struggle of the investitures.
In many respects, the spiritual and temporal powers were still indissolubly locked together. Each bishop was a vassal of the king, holder of a Crown barony, as well as a prelate of Holy Church. By whom, then, should a bishop be appointed, by the spiritual or by the temporal power? Could he without sin perform homage for the estates of his See? Who ought to invest him with ring and crozier? Anselm adopted one view; Henry the other. A happy compromise, suggested by the King’s statesmanship, or possibly by Bishop Ivo of Chartres, healed the breach for the time being. The symbols of spiritual authority were to be conferred by the Church, but each prelate must perform fealty to the King before receiving them, and do homage thereafter, but before he was actually anointed as bishop. This compromise of 1106 did not embrace, it would appear, any final understanding as to the method of appointing bishops: “Canonical election” formed no part of Henry’s express concessions.
Henry, however, does not seem to have rejected openly the claims of the capitular clergy, but only to have taken steps to render them nugatory in practice. Some of the leading prelates, administrative officials on whom the Monarch could depend, took part in the election of bishops and were usually able to secure the appointment of a candidate acceptable to the King.
The Church gained in power during Stephen’s reign, and deserved the power it gained, since it remained the only stable centre of good government, while other institutions crumbled around it. It was not unnatural that Churchmen should advance new claims, and we find them adopting the watchword, afterwards so famous, “that the Church should be free,” a vague phrase, destined to be embodied in Magna Carta. The extent of immunity thus claimed was never defined: an elastic phrase might be expanded with the ever–growing pretensions of the Church. Churchmen made it clear, however, that they meant it to include at least two principles—“benefit of clergy,” and “canonical election.”
Henry II. attempted to define the position in the Constitutions of Clarendon (1164), clause 12 of which provided that in filling vacant Sees the King should summon potiores personas ecclesiae and that the “election” should take place in the King’s chapel with consent of the King and consilio personarum regni, vague words which seem to reserve to Henry the decision as to who constituted “the more influential persons of the church,” whom he ought to summon, thus enabling him to control elections (as his grandfather had done) by means of ecclesiastics whose loyalty to the Crown was undoubted. Henry, in consequence of his humiliation following on Becket’s murder, had to release the bishops from their oath to observe the Constitutions. In 1173 he gave a definite promise to allow greater liberty in elections, and it was part of a new agreement with Rome in 1176, that in normal circumstances vacant sees should not be kept in the King’s hands for more than a year. Yet, in practice, he continued to exercise a control not inferior to that enjoyed by his grandfather. On the whole, the rights of the Church at the close of the reign of Henry Plantagenet were not far different from what had been set down in the Constitutions of Clarendon. A new definition of the frontier between the spiritual and temporal powers was the outcome of John’s need of allies on the eve of Magna Carta.