Friday, 2 November 2012

Lyttleton's Comments: Constitutions Clause 1

 Lyttleton's Comments: Constitutions Clause 1


Extract from
George Lyttelton (1767). The History Of The Life of King Henry the Second, And of the Age in which He Lived: In Five Books: To which is Prefixed, A History of the Revolutions of England From the Death of Edward the Consessor to the Birth of Henry the Second. Notes To The Second And Third Books Of The History Of The Life of King Henry the Second : With an Appendix to each. Sandby and Dodsley. pp. 140–.

If any dispute shall arise concerning the advowson and presentation of churches between laymen or between ecclesiasticks and laymen or between ecclesiasticks let it be tried and determined in the court of our Lord the king.
 

Before the establishment of the spiritual court in England, rights of advowson were tried in the county courts, where the presence of the king's officer and other lay assistants prevented partial and unjust decisions by the ecclesiastical judge. But, after the separation of the spiritual and civil jurisdictions by William, the clergy endeavoured to draw all causes of this nature in their peculiar court. This was very properly resisted by the civil power and the trial thereof reserved to the king's supreme court.

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