Cap. vii. Nullus qui de rege teneat in capite, nee aliquis dominicorum ministrorum ejus, excommunicetur, nee terrae alicujus eorum sub interdicto ponantur, nisi prius dominus
rex, si in terra fuerit, conveniatur, vel Justitia ejus, si fuerit extra regnum, ut rectum de ipso faciat : et ita ut quod pertinebit ad curiam regiam ibidem terminetur, et de eo quod spectabit ad ecclesiasticam curiam, ad eandem mittatur ut ibidem tractetur.
rex, si in terra fuerit, conveniatur, vel Justitia ejus, si fuerit extra regnum, ut rectum de ipso faciat : et ita ut quod pertinebit ad curiam regiam ibidem terminetur, et de eo quod spectabit ad ecclesiasticam curiam, ad eandem mittatur ut ibidem tractetur.
Clause 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 concluded there, and what looks to the church court be sent thither to be concluded there.
10 Hen II. Constitutions of Clarendon (1164) c.7
Excommunication was a kind of ecclesiastical outlawry. An excommunicate could do no act in law. He was considered to be a spiritual leper. He could not sue, but could be sued. No one could pray with him, talk to him, or eat with him. Becket did not always, when he excommunicated someone, give them an opportunity to face him and answer the charge and say why they ought no to be punished in this manner, which was strictly the right by canon law of someone so accused. Appeals were long and expensive, especially if they had to made in person before the Pope and the Roman Curia. Many of his contemporaries, including clerics, criticized him about this. His subsequent martyrdom whitewashed his reputation of such criticisms.
William I had introduced a principle that tenants-in-chief, the king's ministers, sheriffs and bailiffs were not to be excommunicated without royal consent. This principle was restated in the Constitutions of Clarendon. The King was supposed to send his officers to capture excommunicates after a 40-day grace period had lapsed, during which time they had the chance to submit to the Church.
In 1194 Archbishop Geoffrey of York was fined heavily for being in contempt of the king for having excommunicated one of his ministers, the Bishop of Durham.
William I had introduced a principle that tenants-in-chief, the king's ministers, sheriffs and bailiffs were not to be excommunicated without royal consent. This principle was restated in the Constitutions of Clarendon. The King was supposed to send his officers to capture excommunicates after a 40-day grace period had lapsed, during which time they had the chance to submit to the Church.
In 1194 Archbishop Geoffrey of York was fined heavily for being in contempt of the king for having excommunicated one of his ministers, the Bishop of Durham.
References
Lister M. Matheson (2012). Icons of the Middle Ages: Rulers, Writers, Rebels, and Saints. ABC-CLIO. pp. 75–. ISBN 978-0-313-34080-2.
Christopher Robert Cheney (1982). The Papacy and England, 12th-14th Centuries: Historical and Legal Studies. Ashgate Publishing, Limited. ISBN 978-0-86078-099-1.
S. D. Church (2003). King John: New Interpretations. Boydell & Brewer Ltd. pp. 304–. ISBN 978-0-85115-947-8.
Frederick Pollock (Sir)); Frederic William Maitland (1966). The History of English Law. CUP Archive. pp. 478–80.
https://archive.org/stream/historyenglishl03maitgoog#page/n518/mode/1up
Robert C. Palmer (1 February 2001). English Law in the Age of the Black Death, 1348-1381: A Transformation of Governance and Law: A Transformation of Governance and Law. Univ of North Carolina Press. pp. 322–. ISBN 978-0-8078-6374-9.
Francis James Newman Rogers (1840). A Practical Arrangement of Ecclesiastical Law. Saunders and Benning. pp. 421–.
John Reeves (1814). History of the English Law: From the Time of the Saxons, to the End of the Reign of Philip and Mary [1558]. Reed and Hunter. pp. 42–.
Henry Bettenson; Chris Maunder (29 September 2011). Documents of the Christian Church. Oxford University Press. pp. 2–. ISBN 978-0-19-150151-7.
David A. Carpenter (2003). The Struggle for Mastery: Britain, 1066-1284 (Investiture controversy (with Anselm): Pope excommunicates Robert of Meulan, in 1105 ed.). Oxford University Press. pp. 138–. ISBN 978-0-19-522000-1.
Frederick Pollock; Frederick Pollock, Sir; Frederic William Maitland ()2013). The History of English Law Before the Time of Edward I. § 9. Excommunication: The Lawbook Exchange, Ltd. pp. 478–. ISBN 978-1-58477-718-2.
The King in the Church - William the Conqueror: The Norman Impact Upon England
Sir Roger Twysden (1847). An Historical Vindication of the Church of England in Point of Schism: As it Stands Separated from the Roman, and was Reformed Io Elizabeth. Customary Rights of the Kings of England - William the Conqueror: John W. Parker. pp. 129–.
Robert Washington (1689). Some observations upon the ecclesiastical jurisdiction of the kings of England: with an appendix, in answer to part of a late book intitled, The King's visitatorial power asserted. how far the Kings of England have exercised Jurisdiction in Ecclesiastical matters,: Printed for W. Battersby. pp. 243–.
King William the Conqueror's customary rights concerning the Church in England as asserted by Eadmer
The constitutional history and constitution of the Church of England; by Felix Makower
p. 15 Note 12
Johann Adam Möhler (1842). The life of st. Anselm, tr. by H. Rymer. pp. 60–61.
Robert C. Palmer (1 February 2001). English Law in the Age of the Black Death, 1348-1381: A Transformation of Governance and Law: A Transformation of Governance and Law. Univ of North Carolina Press. pp. 322–. ISBN 978-0-8078-6374-9.
Simon Sudbury Oxford DNB
Case Histories
Un J. suyst un brief pur luy et pur le Roy vers W. de R., Commissare Levesqe de Norwiz, de ceo qe
Richard Frisel suist, pur nostre seignur le Roi et pur luy, un brief de Contempte vers Levesqe de Norwiz
Francis James Newman Rogers (1840). A Practical Arrangement of Ecclesiastical Law. Saunders and Benning. pp. 421–.
John Reeves (1814). History of the English Law: From the Time of the Saxons, to the End of the Reign of Philip and Mary [1558]. Reed and Hunter. pp. 42–.
Henry Bettenson; Chris Maunder (29 September 2011). Documents of the Christian Church. Oxford University Press. pp. 2–. ISBN 978-0-19-150151-7.
The Project Gutenberg eBook of 1911 Encyclopædia Britannica, Volume XIV - Interdict and Interdiction
David A. Carpenter (2003). The Struggle for Mastery: Britain, 1066-1284 (Investiture controversy (with Anselm): Pope excommunicates Robert of Meulan, in 1105 ed.). Oxford University Press. pp. 138–. ISBN 978-0-19-522000-1.
Frederick Pollock; Frederick Pollock, Sir; Frederic William Maitland ()2013). The History of English Law Before the Time of Edward I. § 9. Excommunication: The Lawbook Exchange, Ltd. pp. 478–. ISBN 978-1-58477-718-2.
The King in the Church - William the Conqueror: The Norman Impact Upon England
Sir Roger Twysden (1847). An Historical Vindication of the Church of England in Point of Schism: As it Stands Separated from the Roman, and was Reformed Io Elizabeth. Customary Rights of the Kings of England - William the Conqueror: John W. Parker. pp. 129–.
Robert Washington (1689). Some observations upon the ecclesiastical jurisdiction of the kings of England: with an appendix, in answer to part of a late book intitled, The King's visitatorial power asserted. how far the Kings of England have exercised Jurisdiction in Ecclesiastical matters,: Printed for W. Battersby. pp. 243–.
King William the Conqueror's customary rights concerning the Church in England as asserted by Eadmer
The constitutional history and constitution of the Church of England; by Felix Makower
p. 15 Note 12
Johann Adam Möhler (1842). The life of st. Anselm, tr. by H. Rymer. pp. 60–61.
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