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The Church and the Empire, Being an Outline of the History of the Church from A.D. 1003 to A.D. 1304 by D. J. (Dudley Julius) Medley
page 64 of 272 (23%)
Priestly Office," investiture there must be so long as ecclesiastics
held great temporal possessions. Here again some of the French nobles
clung to the old anomalous form of investiture, but otherwise the
example of the imperial lands, of the royal domain of France and of
England was generally followed, the gifts of ring and staff were
conceded to the Metropolitan, and where no special form of investiture
by the sceptre was retained it was confused with the ceremony of
homage. But in Germany and England investiture with the lands of the
see preceded consecration, so that while on the one hand it was not a
bishop who was being invested by a layman, on the other hand the
refusal of investiture would practically prevent the consecration of
any one obnoxious to the Crown.

[Sidenote: Homage and fealty.]

With regard to the feudal ceremony of homage a distinction came to be
drawn by writers on the Canon Law between homage and fealty, and
ecclesiastics were supposed to limit themselves to the obligations of
the latter, which were those of every subject. The ceremony was not
precisely the same as in the case of a lay noble being invested with a
fief; but in France, at any rate, the Crown never really abandoned its
claim to a feudal homage, and in any case ecclesiastics were expected
to fulfil their feudal obligations. Even Innocent III acknowledged
this in a decree (S43) of the Fourth Lateran Council (1215), and in
interceding with Philip II of France on behalf of two bishops who had
been deprived of their temporal possessions for some neglect of
military duty, he argues that they were "ready to submit to the
judgment of your Court, as is customary in such matters."

[Sidenote: Regale.]
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