Constitutions of Clarendon

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The Constitutions of Clarendon were a set of legislative procedures passed by Henry II of England in 1164. They represent an attempt to legislate primarily in areas where the influence of the Church was previously predominant.

The Constitutions' primary goal was to deal with the controversial issue of "criminous clerks," or clergy who had committed a serious crime but escaped justice via ecclesiastical courts. Unlike royal courts, ecclesiastical courts were more sympathetic to clergy. An ecclesiastical case of murder often ended with the defendant being defrocked (dismissed from the priesthood). In a royal court, murder was often punished with mutilation or death.

The Constitutions of Clarendon were Henry II's attempts to rein in the problem by claiming that once the ecclesiastical courts had tried and defrocked clergymen, the Church could no longer protect the individual, and convicted former clergy could be further punished under the jurisdiction of royal courts. Thomas Becket, then the Archbishop of Canterbury (1162–1170), resisted Henry II's Constitutions, especially the clause concerning "criminous clerks." Becket claimed no man should be placed in double jeopardy. As a result, Henry II exiled Becket and his family. Bishops were in agreement over the articles until the Pope disapproved and then Becket repudiated his arguments. A bitter quarrel resulted leading to Becket being murdered on 29th December 1170. After this Henry felt compelled to revoke the 2 controversial clauses which went against canon law. However the rest stayed in effect as law of the land.

The Constitutions of Clarendon were a part of Henry II's larger expansion of royal jurisdiction into the Church and civil law, the defining aspect of his reign.