一二世紀イングランドにおける教皇庁への上訴をめぐって

一一六四年のクラレンドン法第八条および一一七二年のアヴランシュの和約の再検討

抄録

In 1164, King Henry II defined the royal jurisdiction in written customs of the Kingdom, namely the Constitutions of Clarendon, the clause 8 of which prohibited appeals to Roman Curia from England without king's permission. Archbishop Thomas Becket of Canterbury and Pope Alexander III objected to it, which gave a beginning to.a long conflict between the king on one side, and the archbishop with the pope on the other ; a conflict between regnum and sacerdotium. In 1172 both parties came to a compromise at Avranshes, where as it has been generally believed, Henry II promised 'free appeals to Roman Curia' by renouncing the clause 8 of the Constitutions of Clarendon.
However, if one takes a closer look at the texts, one can notice that the clause 8 of the Constitutions of Clarendon does not completely prohibit appeals to Roman Curia, and on the other hand, the Compromise of Avranches does not permit 'free appeals to Roman Curia' unrestrictedly. Moreover, upon further analysis of actual cases of appeals to Roman Curia from England, one can see that there were several instances in which the king's permission, consent or license were requested. Therefore, one can say that both the clause 8 of the Constitutions of Clarendon and the Compromise of Avranshes declared 'a system of king's permissions about appeals to Roman Curia from England'. Nevertheless, the latter is not a simple re-declaration of the former, due to the fact that the Constitutions of 1169, which was a supplement to the Constitutions of Clarendon, explicitly prohibited any appeals to Roman Curia. Therefore, the Compromise of Avranches of 1172 renounced the Constitutions of 1169, and re-introduced the former 'system of king's permission about appeals to Roman Curia from England' as stated in the Constitutions of Clarendon.