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 66 of 272 (24%)
page 66 of 272 (24%)
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proceedings provoked the interference of the royal officers, who
succeeded in most cases in establishing the right of the Crown to all movables that the bishop left. The earliest notice of this royal claim in Germany is found in the reign of Henry V. It was in full use under Frederick I. William II is probably responsible for introducing both the _regale_ and the _jus spolii_ from Normandy into England. In France these were claimed by the feudal nobles as well as by the King. Bitter were the complaints made by the Church against the exercise of both rights. Kings and nobles clung to the _regale_ as long as they could, for it meant local influence as well as revenue. In most cases, however, the right of spoils had been surrendered before the thirteenth century. It is to be remembered that ecclesiastics themselves exercised this right, bishops, for example, claiming the possessions of the canons and the parish priests in their dioceses. The Popes in relaxation of the Canon Law gave to certain bishops the right of leaving their personal property by will, and the canons also are found encouraging their bishop to make a will. [Sidenote: Claims of the Clergy.] As a set-off against these claims of the Crown upon the Church, the clergy also advanced certain claims. These touched the two important matters of taxation and jurisdiction. The Church claimed for her members that they should not be liable to pay the taxes raised by the secular authorities, nor should they have causes to which any ecclesiastic was a party tried in the secular courts. [Sidenote: Immunity from lay taxation.] In seeking freedom from lay taxation the Church did not ask that her |
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