A church dictionary

by Walter Farquhar Hook

CLAIRE, ST. A religious order of women in the Romish Church, the second that St. Francis instituted. This order was founded in 1213, and was confirmed by Innocent III., and after him by Honorius III., in 1223. It took its name from its first abbess and nun, Clara of Assisi, and was afterwards divided into Damianists and Urbanists; the first follow the ancient discipline in all its rigour, but the other the rule with Urban IV.’s allowance.—Hist. des Ord. Relig. t. vii. c. 25.

CLARENDON, CONSTITUTIONS OF. Certain constitutions made in the reign of Henry II., A. D. 1164, in a parliament or council held at Clarendon, a village three miles distant from Salisbury. These are as follows:—

I. When any difference relating to the right of patronage arises between the laity, or between the laity and clergy, the controversy is to be tried and ended in the king’s courts.

II. Those churches which are fees of the Crown cannot be granted away in perpetuity without the king’s consent.

III. When the clergy are charged with any misdemeanour, and summoned by the justiciary, they shall be obliged to make their appearance in his court, and plead to such parts of the indictments as shall be put to them. And likewise to answer such articles in the ecclesiastical court as they shall be prosecuted for by that jurisdiction; always provided that the king’s justiciary shall send an officer to inspect the proceedings of the court Christian. And in case any clerk is convicted or pleads guilty, he is to forfeit the privilege of his character, and be protected by the Church no longer.

IV. No archbishops, bishops, or parsons are allowed to depart the kingdom without a licence from the Crown; and, provided they have leave to travel, they shall give security not to act or solicit anything during their passage, stay, or return, to the prejudice of the king or kingdom.

V. When any of the laity are prosecuted in the ecclesiastical courts, the charge ought to be proved before the bishop by legal and reputable witnesses: and the course of the process is to be so managed, that the archdeacon may not lose any part of his right, or the profits accruing to his office: and if any offenders appear screened from prosecution upon the score either of favour or quality, the sheriff, at the bishop’s instance, shall order twelve sufficient men of the vicinage to make oath before the bishop, that they will discover the truth according to the best of their knowledge.

VI. Excommunicated persons shall not be obliged to make oath, or give security to continue upon the place where they live, but only to abide by the judgment of the Church, in order to their absolution.

VII. No person that holds in chief of the king, or any of his barons, shall be excommunicated, or any of their estates put under an interdict, before application made to the king, provided he is in the kingdom: and in case his Highness is out of England, then the justiciary must be acquainted with the dispute, in order to make satisfaction: and thus that which belongs to the cognizance of the king’s court must be tried there, and that which belongs to the courts Christian must be remitted to that jurisdiction.

VIII. In case of appeals in ecclesiastical causes, the first step is to be made from the archdeacon to the bishop, and from the bishop to the archbishop; and if the archbishop fails to do him justice, a further recourse may be had to the king; by whose order the controversy is to be finally decided in the archbishop’s court. Neither shall it be lawful for either of the parties to move for any further remedy without leave from the Crown.