CHAPTER V

THE CONSTITUTIONS OF CLARENDON

In the January of 1163 Henry once more landed in England. His absence off

our and a half years had given time for dangers and alarms to spring up

in the half-settled realm. Mysterious prophecies passed from mouth to

mouth that the king would never be seen in the island again, and even

Theobald, before his death in 1161, had sent urgent entreaties for his

return. The king had, in fact, during the first eight years of his rule

been mainly occupied in building up his empire, and providing for its

defence against external dangers. He had only twice visited the kingdom,

each time for little more than a year. He was now, however, prepared to

take the work of administration seriously in hand. In the next eighteen

years, from 1163 to 1180, he landed on its shores seven times, and spent

altogether eight years in the country. Once he was busied with the

conquest of Ireland; one visit of a month was spent in crushing a

dangerous rebellion; but with these two exceptions every coming of the

king was marked by the carrying out of some great administrative reform.

In his half-compacted empire order was still only maintained by his

actual presence and the sheer force of his personal authority, as he

hurried from country to country to quell a rising in Gascony or a revolt

in Galloway, to wage war in Wales, to finish the conquest of Britanny or

of Ireland, to order the administration of Poitou or Normandy. But in the

swift and terrible progresses of a king who visited the shires to north

and south and west in the intervals of foreign war, a long series of

experiments as to the best forms of internal government was ceaselessly

carried out, and the new administration securely established.

Henry, however, was at once met by a difficulty unknown to earlier days.

The system which the Conqueror had established of separate courts for

secular and ecclesiastical business had utterly broken down for purposes

of justice. Until the reign of Stephen much of the business of the

bishops was done in the courts of the hundred and the shire. The Church

courts also had at first been guided by the customary law and traditions

of the early English Church, which had grown up along with the secular

laws and had a distinctly national character. So long, indeed, as the

canon law remained somewhat vague, and the Church courts incomplete, they

could work peaceably side by side with the lay courts; but with the

development of ecclesiastical law in the middle of the twelfth century,

it was inevitable that difficulties should spring up. The boundaries of

civil and ecclesiastical law were wholly uncertain, the scientific study

of law had hardly begun, and there was much debatable ground which might

be won by the most arrogant or the most skilful of the combatants. Every

brawl of a few noisy lads in the Oxford streets or at the gates of some

cathedral or monastic school was enough to kindle the strife as to the

jurisdiction of Church or State which shook medieval society to its

foundation.

The Church courts not only had jurisdiction over the whole clerical order,

but exercised wide powers even over the laity. To them alone belonged the

right to enforce spiritual penalties, to deal with cases of oaths,

promises, anything in which a man's faith was pledged; to decide as to the

property of intestates, to pronounce in every case of inheritance whether

the heir was legitimate, to declare the law as to wills and marriage.

Administering as they did an enlightened system of law, they profited by

the new prosperity of the country, and the judicial and pecuniary disputes

which came to them had never been so abundant as now. Henry was keenly

alive to the fact that the archdeacons' courts now levied every year by

their fines more money than the whole revenue of the crown. Young

archdeacons were sent abroad to be taught the Roman law, and returned to

preside over the newly-established archdeacons' courts; clergy who sought

high office were bound to study before all things, even before theology,

the civil and canon law. The new rules, however, were as yet incomplete

and imperfectly understood in England; the Church courts were without the

power to put them in force; the procedure was hurried and irregular; the

judges were often ill-trained, and unfit to deal with the mass of legal

business which was suddenly thrown on them; the ecclesiastical authorities

themselves shrank from defiling the priesthood by contact with all this

legal and secular business, and kept the archdeacons in deacons' orders;

the more religious clergy questioned whether for an archdeacon salvation

were possible. In the eight years of Henry's rule one hundred murders had

been committed by clerks who had escaped all punishment save the light

sentences of fine and imprisonment inflicted by their own courts, and

Henry bitterly complained that a reader or an acolyte might slay a man,

however illustrious, and suffer nothing save the loss of his orders.

Since the beginning of Henry's reign, too, there had been an enormous

increase of appeals to Rome. Questions quite apart from faith or morals,

and that mostly concerned property, were referred for decision to a

foreign court. The great monasteries were exempted from episcopal control

and placed directly under the Pope; they adopted the customs and laws

which found favour at Rome; they upheld the system of appeals, in which

their wealth and influence gave them formidable advantages. The English

Church was no longer as in earlier times distinct from the rest of

Christendom, but was brought directly under Roman influence. The clergy

were more and more separated from their lay fellow citizens; their rights

and duties were determined on different principles; they were governed by

their own officers and judged by their own laws, and tried in their own

courts; they looked for their supreme tribunal of appeal not to the King's

Court, but to Rome; they became, in fact, practically freed from the

common law.

No king, and Henry least of all, could watch unmoved the first great

body which threatened to stand wholly outside the law of the land; and

the ecclesiastical pretensions of the time were perhaps well matched by

the pretensions of the State. The king had prepared for the coming

conflict by a characteristic act of high-handed imperiousness in the

election of the chancellor-archbishop to carry out his policy. But all

such schemes of imperative despotism were vain. No sooner was Thomas

consecrated than it became plain that his ecclesiastical training would

carry the day against the influence of Henry. As rapidly as he had "thrown

off the deacon" to become the chancellor, so he now went through the

sharper change of throwing off the chancellor to become the archbishop.

With keen political sagacity he at once sought the moral support of the

religious party who had so vehemently condemned his appointment. The

gorgeous ostentation of his old life gave way to an equally elaborate

scheme of saintliness. He threw away with tears his splendid dress to put

on sackcloth and the black cloak of the monk. His table was still covered

with gold and silver dishes and with costly meats, but the hall was now

crowded with the poor and needy, and at his own side sat only the most

learned and holy among the monks and clergy. Forty clerks "most learned

in the law" formed his household. He visited the sick in the infirmary,

and washed the feet of thirteen poor men daily. He sat in the cloister

like one of the monks, studying the canon law and the Holy Scriptures. He

joined their prayers in the Church and took part in their secret councils.

The monks who had suffered under the heavy hand of Theobald, when their

dainty foods were curtailed and their cherished privileges sharply denied

them, hailed joyfully the unexpected attitude of their new master. "This

is the finger of God," men said, "this, indeed, is the work of the right

hand of the Most High." "As he had been accustomed to the pre-eminence

over others in worldly glory," commented another observer, "so now he

determined to be the foremost in holy living."

Rumours spread that there were to be other changes besides that of "holy

living." The see of Canterbury under the new primate was to win back all

lands and privileges lost during the civil wars, at whatever cost to the

interests of the whole court party, of barons who found their rights to

Church appointments and Church lands questioned, and of clerks of the

royal household who trembled for their posts and benefices. There was

soon no lack of enemies at court, old and new, ready to carry to Henry

whispers that would appeal most subtly to his fears,--whispers that the

royal dignity itself was in danger; that he must look to himself and his

heirs, or the story of Stephen's time would be told over again, and that

man alone would in future be king, whom the clergy should elect and the

archbishop approve. Henry's bitter anger was aroused when Thomas

resigned the chancellorship, "not now wishing to be in the royal court,

but desiring to have leisure for prayers, and to superintend the

business of the Church." The king retorted by forcing Thomas to resign

his archdeaconry with its rich fees; and at his landing in January 1163

he received the archbishop, who came to meet him, "with averted face."

Thomas, on his part, added another grievance by refusing on ecclesiastical

grounds to allow Henry to marry his brother to Stephen's daughter-in-law,

the Countess of Warenne; and on the general question of the relations of

Church and State, he hastened to define his views with sharp precision in

an eloquent sermon preached before the king. "Henry observing it word by

word, and understanding from it how greatly Thomas put the ecclesiastical

before the civil right, did not receive this doctrine with an equal mind,

for he perceived that the archbishop was far from his own view, that the

Church had neither rights nor possessions save by his favour." The

attitude of Thomas was yet further strengthened and defined when, in May

1163, he went to attend a great Council held at Tours, where he was

brought more immediately under the influence of the ecclesiastical

movement of the day. There he sought, with a meaning that Henry must

clearly have understood, to procure the canonization of Anselm from Pope

Alexander, who, however, was far too politic amid his own difficulties,

and in his need for Henry's help, to commit himself either by consent or

by refusal.

The inevitable controversy declared itself soon after the return of

Thomas from Tours. Throughout July and August one question after another

was hurried forward for settlement between king and primate. On July 1

the king proposed a change in the collection of the land tax, which

would have increased the royal revenues at the expense of the revenues

of the shire. Since the Conquest there had never been a single instance

of an attempt to resist the royal will in matters of finance, but Thomas

showed no hesitation. He flatly refused consent to an arbitrary act of

this kind. He made no objection to the payment of the tax, but he was

determined to prevent the local revenues being seized in this way by the

king. His action seems to have been wise and patriotic, and his triumph

was complete. Henry was forced to abandon the scheme. Having awakened

the anger of the king, Thomas next alienated the whole party of the

barons by pressing his demands for the recovery of lands belonging to

his see. Tunbridge, Rochester, now in the custody of the crown itself,

Hythe, Saltwood, and a number of other manors became the subjects of

sharp contention. The archbishop urged a doubtful claim, which he had

inherited from Theobald, to appoint the priest to a church on the land

of William of Eynesford, a tenant of the king. William resisted, and

Thomas made his first false move by excommunicating him. Henry at once

appealed to the "customs" of the kingdom, which forbade such sentence on

the king's barons without the royal consent, and Thomas had to withdraw

his excommunication. "I owe him no thanks for it!" cried the angry king.

A more serious strife was raised when Thomas came into direct collision

with Henry on the inevitable question of the punishment of clerks for

crime against the common law. If the king was determined to bring about

a fundamental reform in the administration of justice, the Primate was

equally resolute that as archbishop he would have nothing to do with

reforms which he might have countenanced as chancellor. He prudently

sought at first to divert attention from the real issue by increasing

the severity of judgments in the ecclesiastical courts. A clerk had

stolen a chalice; he insisted on his trial in the Church Court, but to

appease the king ordered him to be branded,--a punishment condemned by

ecclesiastical law which considered all injury to the person as defiling

the image of God. Such devices, however, were thrown away on Henry. When

another clerk, Philip de Broc, who had been accused of manslaughter, was

set free by the Church courts, the king's justiciar ordered him to be

brought to a second trial before a lay judge. Philip refused to submit.

The justiciar then charged him with contempt of court for his vehement

and abusive language to the officer who summoned him, but the archbishop

demanded that for this charge, too, he should be tried by ecclesiastical

law. Henry was forced to content himself with sending a detachment of

bishops and clergy to watch the trial. They returned with the news that

the court had refused to reconsider the charge of manslaughter, and had

merely condemned Philip for insolence; he was ordered to make personal

satisfaction to the sheriff, standing (clerk as he was) naked before

him, and submitting to a heavy fine; his prebend was to be forfeited to

the king for two years; for those two years he was to be exiled and his

movable goods were confiscated.

The punishment might seem severe enough, but Henry would accept no

compromise. With a burst of fury he declared that just judgment for

murder was refused because the offender was in orders. Resolute that the

question should once for all be settled, he summoned a council at

Westminster on October 1. There he demanded, "for love of him and for

safety of the kingdom," that accused clerks should be tried by the

common law, and that if proved guilty, they should be degraded by the

bishops, and given up to the executioner for punishment. He complained

of the exactions of the ecclesiastical courts, and urged that in all

matters concerning these courts or the rights of the clergy, the bishops

should return to the customs of Henry the First. Such a course would

have left them at the king's mercy, and the prelates wavered in their

sore distress. The king's friends contended that a guilty clerk deserved

punishment double that of a layman, and urged the need of submission at

this moment when the Church was torn asunder by schism; and the bishops

frankly admitted a yet more pressing consideration: "For if we do not

what the king wishes," they said, "flight will be cut off from us, and

no man will seek after our souls; but if we consent to the king, we

shall own the sanctuary of God in heredity, and shall sleep safely in

the possession of our churches." On the other hand, the archbishop had

no mind to resign without a contest all the results of the great tide of

feeling which had swept the Church onward far past its old landmarks.

For him there was no going back to a traditional past from which the

Church had shaken itself free, and in which, though king and barons

might see the freedom of the State, he saw the enslaving and degradation

of the clergy. He vehemently asserted that the "customs" of the Church

were of greater authority than any "customs" of the kingdom, that its

canon law claimed obedience as against all traditional national law

whatever; and with keen political insight he insisted on the dangers that

would follow if once they allowed the charm of prescription to be broken,

or the ecclesiastical liberties to be touched. He boldly led the way in

his answer to the king: "We will obey in all things saving our order;" and

as the bishops were asked one by one, they took courage to follow, and

"one voice was in the mouth of all of them." Such a phrase had never been

heard in England before, and Henry, with ready indignation, at once

demanded the withdrawal of the words. When Thomas refused, he broke up the

council in a burst of anger, and suddenly rode away from London, instantly

followed by the whole body of trembling bishops, who hurried after him in

abject terror, "lest before they should be able to catch him up, they

should already have lost their sees." Thomas was left alone--"there was

not one who would know him,"--while the prelates, coming up in time with

their terrible lord, agreed henceforth to guide their words by his good

pleasure.

From this moment all the elements of strife were prepared, and there was

but outer show of harmony when king and archbishop, a few days later,

joined at Westminster to celebrate with solemn pomp the translation of

the remains of the sainted Confessor. In declaring war upon local

jurisdictions, whether of clergy, or nobles, or burghers, or independent

shire courts, Henry was defying all the traditions and convictions of

his age,--an age when local feeling was a force which we are now quite

unable to measure. The nobles, the guilds, and the rising towns had

already won long before, or were now seeking to win as their most

cherished privilege, the right to their own justice without interference

from any higher power. They naturally looked with sympathy on the rights

exercised by the clergy within their own body; they felt that whatever

had been won by one class might later be won by another, and that

liberties which were enjoyed by so enormous a body as the clerical order

were a benefit in which the whole people had a share. If the king was

determined to wage war on "privilege," clergy and people were equally

resolute to defend "liberty." Moreover, in attacking the special

jurisdiction of the Church, Henry had to encounter a force to which there

is no parallel in our own time. An English king had doubtless less to fear

from the Church than had any continental ruler. Abroad the bishop-stool,

the abbey, the Church, were oases in the midst of perpetual war,--the only

spots where peace and law and justice spoke in protest against the chaos

of the world. But England was, in comparison with the rest of the western

world, a country of peace and law. There the Church was less powerful

against the State because the State had never handed over its duty of

maintaining justice and law and right to the exclusive guardianship of the

Church. None the less it was a formidable matter to rouse the hostility of

a body which included not only all the religious world, but all the

educated classes, and penetrated even to the despised villeinage and the

poor freemen whose sons pressed into its lower ranks. The Church with

which Henry had to deal was no longer the same that the Conqueror had

easily bent to his will. It had received its training and felt its

strength in political action; it had developed a close corporate spirit;

it had an admirable organization; it possessed the most advanced as well

as the most merciful legal system of the age. Its courts had strong claims

to popular regard. Their punishments were more merciful than the savage

sentences of the lay courts; and they held out great advantages to the

rich, since the penances they inflicted could be commuted for money.

Their system of law, moreover, was far in advance of the barbarous rules

of customary law; and they were backed by all the authority of the Roman

Curia and of the religious feeling of the day.

Henry had, however, peculiar advantages in the contest. He was master of

a disciplined body of ministers and servants, in whom he could confidently

trust. He was sure, in this matter at least, of the support of the lay

baronage, who had long arrears of jealousy to make up against their

hereditary opponents the clergy, and who were not likely now to forget

that no party in the Church had ever made common cause with the feudal

lords. He could count on the obedience of the secular clergy. In France

or Germany the bishops were members of the great houses, and as powerful

local rulers wielded a vast feudal authority. In England their position

was very different. They were drawn from the staff of the king's chapel,

and had their whole training in the administration of the court; and they

formed an official nobility who were charged, in common with the secular

nobility, with the conduct of the general business of the realm. They were

appointed to their places by the king for services done to him, and as

instruments of his policy. Neither Pope nor people had any share in their

election. Their estates were granted them by the same titles, and with the

same obligations as those of feudal barons; the king could withhold their

temporalities, sequestrate their lands, confiscate their personal goods,

and burden them with heavy fines; they lay absolutely at his mercy without

appeal. Every tie of feudal duty, of official training, of prudent

self-interest, forced them into subjection to the Crown. Their Roman

sympathies were quenched as they watched the growing independence of the

monasteries, and saw Church endowments taken to enrich the new religious

houses of every kind which were springing up all over England. They feared

the new authority claimed by legates, which threatened to withdraw the

clergy, if they chose to assert their claims, from regular episcopal

jurisdiction. They were thrown on the side of the king in ecclesiastical

questions, drawn together by a common cause, both alike found their

interest in the defence of national tradition as opposed to foreign

custom.

Their leaders too looked coldly on the cause of the Primate. The

Archbishop of York, Roger of Pont l'Evêque, once the companion of Thomas

in Theobald's household, was now his personal enemy and rival. The two

prelates inherited the secular strife as to which see should have the

precedence. Moreover, while Canterbury represented the papal policy and

always looked to Rome, York preserved some faint traditional leanings

towards the liberties of the Irish and Scotch churches from whence the

Christianity of the north had sprung. The Bishop of London, Gilbert

Foliot, who, with the approval of Thomas, had been translated from

Hereford only five months before, was, by his mere position, marked out

as the chief antagonist of the archbishop, for St Pauls was at the head

of the whole body of secular clergy throughout southern England, and to

its bishop inevitably fell the leadership of this party against

Canterbury, which was in the hands of a monastic chapter. The Bishop of

Winchester, Henry of Blois, could well remember the struggle between

Church and Crown under a far weaker king twenty six years before, when

the bishops had wisely withdrawn from a contest where they had "seen

swords unsheathed and knew it was no longer a joking matter, but a

struggle of life and death," and with the prudence born of long political

experience he was for moderate counsels. The Bishop of Chichester, Hilary,

doubtless remembered the inconvenient part which Thomas as chancellor had

played in his own trial a few years before, and might gladly recognize a

poetic justice in seeing Thomas's old doctrines of the supremacy of the

State now applied to himself. "Every plant," he once said with taunting

reference to the king's part in Thomas's election, "which my heavenly

Father has not planted shall be rooted up." Thomas bitterly added another

verse as he heard of the saying, "This man had among the brethren the

place of Judas the traitor." There seems to have been a general impression

that the position of the Primate was extremely critical, and he was

besieged by advisers who urged submission, by messengers from pope and

cardinals, by panic-stricken churchmen. Beset on all sides the Primate

wavered, and at last promised to swear obedience to the "customs of the

kingdom." Immediately the king summoned prelates and barons to witness

his submission, and the famous Council of Clarendon met for this purpose

in 1164.

At Clarendon, however, after three days' conference, the archbishop

hesitated and hung back, he had grievously sinned in yielding, and he

now refused the promised oath. The bishops, finding courage in his

firmness, declared themselves ready to follow him in his refusal. At the

news the fury of the king burst forth, and "he was as a madman in the

eyes of those who stood by." The court broke into wild disorder, the

servants of the king, "with faces more truculent than usual," burst into

the assembly of the prelates, and flinging aside their long cloaks,

flourished their axes aloft, and threatened to strike them into the

heads of the bishops. Two nobles were sent to warn Thomas that orders

for his death were already given unless he would submit. The weeping

bishops with lamentable voices besought him to save them; knights of the

Hospital and the Temple from the king's household knelt before him,

sighing and pouring forth tears. "In fear of death," says one chronicler,

he yielded. "I am ready," he said, "to keep the customs of the kingdom."

Hardly were the words out of his mouth, when Henry commanded him to order

the bishops to give the same promise, and again the Primate obeyed. But

the king was still unsatisfied. His temper had risen in the discussions

of the last few months; his determination was fixed that the matter should

be settled once for all. With the sharp decision of a keen and practical

administrator, he ordered that the "customs of the kingdom" should be

written down, so that no question might ever arise as to the laws which

Thomas had sworn to observe; and "wise men" passed into the next room to

write according to the king's will. They returned with a draft of sixteen

articles, the famous "Constitutions of Clarendon." To these the king

commanded that the Primate should set his seal; but Thomas, agitated by

fear and anxiety, was no longer of the same mind. "By the omnipotent God,"

he cried, "while I live, I will never set my seal to it!" Whether he

finally submitted it is impossible now to say. But he left the court with

a last protest. A copy of the writing was torn down the middle, and one

half, after the fashion of the "tallies" of the day, was given to Thomas

in token of his promise, while the other was laid up in the royal

treasury. "I take this," said the archbishop, "not consenting nor

approving," and turning to the clergy: "By this we may know the malice

of the king, and those things which we must beware of." He left the

council and retired to Winchester, where in sackcloth and penance, shut

out from the services of the Church, he condemned himself to wait in

deepest humiliation till he should receive the Pope's absolution for his

momentary betrayal of duty. For years to come a furious battle was to rage

round the sixteen articles drawn up at Clarendon. According to Thomas, the

Constitutions were a mere act of arbitrary violence, a cunning device of

tyranny. He asserted that they were the sole deed of the justiciar

De Lucy, and of Jocelyn de Bailleul, a French lawyer. In any case he

frankly denied the authority of "custom," that tyrannous law of medieval

times. "God never said," writes one of his defenders, "I am Custom, but I

am Truth." Thomas rested his case not on the customary law of the land,

but on the code of Rome; to English tradition he opposed the Italian

lawyers. Henry, on his part, declared that the Constitutions were drawn

up by the common witness of bishops, earls, barons, and wise men; that

they were, in fact, part of a system actually in operation, and which had

been administered by Thomas himself when he was chancellor. It was

certainly a startling novelty to have the customs of the realm drawn up in

a written code to which men were required to swear obedience; but still

the "Constitutions" professed to be no new legislation, but to be simply a

statement of recognized national tradition. The changes that had followed

on the Conquest had modified older customs profoundly. The conditions, not

only of England but of Europe, had changed with confusing rapidity, and it

was no longer easy to say exactly what was "custom" and what was not. To

Henry the Constitutions did fairly represent the system which had grown up

with general consent under the Norman kings. Thomas, on the other hand,

might argue with equal conviction that he was asked to sign as "customs"

what was practically a new code; and he had neither the wisdom nor the

temper to reconcile the dispute by a reasonable compromise.

No question seems to have been raised as to some of the statutes which

were certainly of recent growth, though they touched Church interests.

One of these repeated unreservedly the assertion that bishops held a

feudal position in all points the same as that of barons or direct

vassals of the king, being bound by all their obligations, and entitled

to sit with them in judgment in the Curia Regis till it came to a

question of blood. Others dealt with disorders which had grown up from

the mutual jealousy of Church and lay courts, and the difficulties thus

thrown in the way of administering laws which were not disputed; rules

were made for the securities to be taken from excommunicated persons;

for the giving up to the king of forfeited goods of felons deposited in

churches or churchyards; and forbidding the ordination of villeins

without their lord's consent,--a provision which possibly was intended

to prevent the withdrawal of an unlimited number of people from secular

jurisdiction. Two other clauses touched upon the new legal remedies, the

use of the jury in the accusation of criminals, and in the decision of

questions of property; it was decreed that laymen should not be accused

in Church courts save by lawful witness, or by the twelve legal

men of the hundred--in other words, by the newly-developed jury of

"presentation"; while the jury of "recognition" was ordered to be used

in disputed titles to ecclesiastical estates.

The real strife was about the seven remaining statutes, which declared

that an accused clerk must first appear before the king's court, and that

the justiciar should then send a royal officer with him to watch the trial

at the ecclesiastical court, and if he were found guilty the Church should

no longer protect him; that the chief clergy might not leave the realm

without the king's permission; that appeals might not be carried to the

Papal Court without the king's consent; that no tenant-in-chief of the

king might be excommunicated without the leave of the king; that the

revenues of vacant sees should fall to the king, until a new appointment

had been made in his court; that questions of advowsons or presentations

to livings questions which at that time represented comparatively a vast

amount of property--should be tried in the king's court; and that the

king's judges should decide in matters of debt, even where the case

included a question of perjury or broken faith, which was claimed as a

matter for ecclesiastical jurisdiction. Such laws as these were no doubt

in Henry's mind simply part of his scheme for establishing a general order

and one undivided authority in the realm. But they opened very much wider

grounds of dispute between Church and State than the mere question of how

criminal clerks were to be dealt with. They boldly attacked the whole of

the pretensions of the Church; they threatened to rob it of a mass of

financial business, to wrest from its control an enormous amount of

property, to deprive it of jurisdiction in the great majority of criminal

suits, to limit its power of irresponsible self-government, and to prevent

its absorption into the vast organization of the Church of Western

Christendom. They defined the relations of the English Church to the see

of Rome. They established its position as a national Church, and declared

that its clergy should be brought under the rule of national law.

The eight months which followed the Council of Clarendon were spent in a

vain attempt to solve an insoluble problem. Messengers from king and

archbishop hastened again and again to the Pope, with no result. Henry

set his face like a flint. "_Verba sunt_," he said to a mediating

bishop; "you may talk to me all the days that we both shall live, but

there shall be no peace till the archbishop wins the Pope's consent to

the customs." Fresh cases arose of clerks accused of theft and murder,

but as the personal quarrel between Henry and Thomas increased in

bitterness, questions of reform fell into the background. "I will humble

thee," the king declared, "and will restore thee to the place from

whence I took thee." Thomas, on his part, knew how to awaken all Henry's

secret fears. All Europe was concerned in the dispute of king and

archbishop. The Pope at Sens, the French king, the "eldest son of the

Church," the princes of the House of Blois, as steadfast in their

orthodoxy as in their hatred of the Angevin, the Emperor, ready to use

any quarrel for his own purposes, were all eagerly watching every turn

of the strife. In August Henry was startled by the news that Thomas

himself had fled to seek the protection of the Pope at Sens. He was,

however, recognized by sailors, and carried back to English shores.

Henry immediately dealt his counter-blow. The archbishop was summoned in

September to London to answer in a case which John, the marshal, an

officer of the Exchequer, had withdrawn from the Archbishop's to the

King's Court. Thomas pleaded illness, and protested that the marshal had

been guilty of perjury. The king retorted by calling a council for the

trial of the archbishop on a charge of contempt of the royal summons.

With the insolence of power and the bitter anger of outraged confidence,

Henry heaped humiliations on his enemy. The Primate had a right, by

ancient custom, to be summoned first among the great lords called to the

king's council; he was now merely served with an ordinary notice from

the sheriff of Kent to attend his trial. When he arrived at Northampton

there was no lodging left free for himself and his attendants. The king

had gone out hunting amid the marshes and streams, and only the next

morning met the Primate roughly after mass, and refused him the kiss of

peace.

In the council which opened in Northampton Castle on Wednesday, 7th

October, we see the Curia Regis in the developed form which it had taken

under Henry and his justiciar, De Lucy, carrying out an exact legal

system, and observing the forms of a very elaborate procedure. The king

and his inner council of the great lords, the prelates, and the officers

of the household, withdrew to an upper chamber of the castle; the whole

company of sheriffs and lesser barons waited in the great hall below

till they were specially summoned to the king's presence, crowding round

the fire that burned in the centre of the hall under the opening in the

roof through which the smoke escaped, or lounging in the straw and

rushes that covered the floor. For seven days the trial dragged on, as

lawyers and bishops and barons anxiously groped their way through

baffling legal problems which had grown out of legislation new and old.

Even the king himself, fiery, imperious, dictatorial, clung with a kind

of superstition to the forms of legal process. The archbishop asked

leave to appeal to the Pope. "You shall first answer in my court for the

injury done to John the marshal," said Henry. The next day, Thursday,

this matter was decided. Bishops and barons alike, lacking somewhat of

the king's daring, shrank at first from the responsibility of pronouncing

judgment. "We are laymen," said the barons; "you are his fellow-priests

and fellow-bishops, and it is for you to declare sentence." "Nay,"

answered the bishops, "this is not an ecclesiastical but a secular

judgment, and we sit here not as bishops but as barons; if you heed our

orders you should also take heed of his." The dispute was a critical one,

leading as it did directly to questions about the jurisdiction of the

Curia Regis over ecclesiastical persons, and the obligation asserted in

the Constitutions of Clarendon, that bishops should sit with barons in the

King's Court till it came to a question of blood. The king was seized with

one of his fierce fits of anger, and the discussion "immediately ended."

The unwilling Bishop of Winchester was sent to pronounce sentence of fine

for neglect of the king's summons. Matters then moved quickly. A demand

was made for £300 which Thomas had received from Eye and Berkhampstead

when he was chancellor; and in spite of his defence that it had been spent

in building the palace in London and repairing the castles, judgment went

against him. The next day a further demand was made for money spent in the

war of Toulouse, and this, too, Thomas agreed to pay, though it was now

hard to find sureties. Then the king dealt his last blow. Thomas was

required to account for the sums he had received as chancellor from vacant

sees and abbeys. "By God's eyes," the king swore, when the Primate and the

bishops threw themselves in despair at his feet, he would have the

accounts in full. He would only grant a day's delay for Thomas to take

counsel with his friends.

By this time there was no doubt of the king's purpose to force upon

Thomas the resignation of his archbishopric. The courtiers and lay

barons no longer thought it expedient to visit him, and the prelates

gave counsel with divided hearts. "Remembering whence the king took

you," said Foliot, "and what he has bestowed on you, and the ruin which

you prepare for the Church and for us all, not only the archbishopric

but ten times as much, if it were possible, you should yield to him. It

may be that seeing in you this humility he may yet restore all." To this

argument Thomas had curt answer. "Enough--it is well enough known how

you, being consulted, would answer!" "You know the king better than we,"

urged Hilary of Chichester; "in the chancery, in peace and war, you

served him faithfully, but not without envy. Those who then envied now

excite the king against you. Who dare answer for you? The king has said

that you can no longer both be at one time in England--he as king, you

as archbishop." Henry of Winchester took his stand on the side of

Thomas. "If the authority of the king was to prevail," he argued, "what

remains but that nothing shall henceforth be done according to law, but

all things shall be disturbed for his pleasure--and the priesthood shall

be as the people," he concluded, with a stirring of the churchman's

temper. The Bishop of Exeter added another plea to induce Thomas to

stand firm: "Surely it is better to put one head in peril than to set

the whole Church in danger." Not so, thought the Bishop of Lincoln, "a

simple man and of little discretion;" "for it is plain," he said, "that

this man must yield up either the archbishopric or his life; but what

should be the fruit of his archbishopric to him if his life should

cease, I see not." The Bishop of Worcester, son of the famous Robert of

Gloucester, and Henry's own cousin and playmate in old days took an

eminently prudent course. "I will give no counsel," he said, "for if I

say our charge of souls is to be given up at the king's threats, I

should speak against my conscience, and to my own condemnation; and if I

should advise to resist the king, there are those here who will bring

him word of it, and I shall be cast out of the synagogue, and my lot

shall be with outlaws and public enemies." At last, by the advice of the

politic Henry of Winchester, Thomas offered to pay the king 2000 marks,

but this compromise was refused. He urged that he had been freed at

his consecration from all secular obligations, but the plea was

rejected on the ground that it was done without the king's orders. An

adjournment over Sunday was again granted; but on Monday Thomas was ill,

and unable to attend the Council. Three days had now passed in fruitless

negotiations, and the rising wrath of the king made itself felt. Rumours

of danger grew on all sides, and the archbishop prostrated himself

before the altar in an agony of prayer, "trembling in his whole body,"

as he afterwards confessed, less from fear of death than from the more

terrible fear of the savage blinding and cruel punishments of those days.

But he showed no signs of yielding when on Tuesday morning, the last day

of the Council, the bishops again gathered round him beseeching him

to yield to the king's will. With a fierce outbreak of passionate

reproaches he solemnly forbade them to take part in any further

proceedings against him, and gave formal notice of an appeal to Rome.

Then kneeling before the altar of St. Stephen he celebrated mass, using

the service for St. Stephen's Day with its psalm, "Princes sat and spake

against me,"--"a magical rite," said Foliot, "and an act done in contempt

of the king"-and commended himself to the care of the first Christian

martyr, and of the martyred Archbishop of Canterbury, Aelfheah. Still

arrayed in his pontifical robes, he set out for his last ride to the

castle. Of the forty clerks "most learned in the law," who formed his

household, only two ventured to follow him; but "an innumerable

multitude" of people thronged round him as he passed bearing his cross

in his right hand, and followed him to the castle doors with cries of

lamentation, weeping and kneeling for his benediction, for it was spread

abroad that he should that day be slain. The gates were quickly closed in

the face of the tumultuous crowd, and Thomas passed up the great hall,

while the king, hearing of his coming in such dress and fashion, hastily

withdrew to the upper chamber to take counsel with his officers. "A fool

he was, and a fool he always will be," commented Foliot as Thomas entered

with his uplifted cross. "Lord archbishop, thou art ill-advised to enter

thus to the king with sword unsheathed--if now the king should take his

sword, we shall have a well-armed king and a well-armed archbishop!"

--"That we will commit to God," said Thomas. Thus he passed to his seat,

the troubled and perplexed bishops "sitting opposite to him both in place

and in heart."

Meanwhile the king and his inner council, to which the bishops were

now summoned, were busy discussing what must be done. Henry's position

was one of extreme difficulty, suddenly called on as he was to deal

with a legacy of difficulties which had been left from the unsettled

controversies of a hundred years. By coming to the court in his pontifical

dress Thomas had raised a claim that a bishop could only be tried dressed

in full pontificals by his fellow-bishops also in full dress. He had

thrown aside the king's jurisdiction by his appeal to Rome; and by his

orders to the bishops to judge no further with the barons in this suit

he had further violated the "customs" of the realm to which he had himself

commanded the bishops to swear obedience at Clarendon. None of the

questions raised by Thomas indeed were raised for the first time. William

of St. Carileph, when charged by Rufus with treason, had asserted the

privilege of a bishop to be tried in pontifical dress, and to be judged

only by the canon law in an ecclesiastical court, and had claimed the

right of appeal to Rome. But such doctrines were in those days new and

somewhat doubtful, not supported in any degree by the Church and quite

outside the sympathy of nobles and people, and Lanfranc had easily

eluded the Bishop of Durham's claims. Anselm himself had accepted

a number of points disputed now by Thomas. He frankly admitted the king's

authority in appointing him to the see of Canterbury; he submitted to the

jurisdiction of the King's Court; he made no claims to clerical privileges

or special forms of trial. He had indeed given the first example of a

saving clause in his oath to keep the customs of the kingdom; but the

clause he used, "according to God," was radically different from that of

Thomas, and asserted no different law of obedience for clerk and

for layman. In the reign of Stephen the question of ecclesiastical

jurisdiction ad been raised at the trial of Bishop Roger of Salisbury; but

in this case too the difficulty had been evaded by a temporary expedient,

and the real principle at issue was left untouched. Thomas had in fact

taken up a position which had never been claimed by any great churchman

of the past. The rising tide of ecclesiastical feeling had swept him on

far beyond any of his predecessors. Not even in Anselm's time had the

people in an ecstasy of religious fervour pressed to the gate of the

judgment hall and knelt for the blessing of the saint with a passion of

sympathy and devotion. No problem of such proportions in the relations of

Church and State had ever before presented itself to a king of England.

Henry's first step was to send orders to the archbishop to withdraw his

appeal to Rome and his prohibition to the bishops to proceed in the

trial, and to submit to the King's Court in the matter of the chancery

accounts. Secret friends in the Council sent the archbishop strange

warnings. Henry, some said, was planning his death; according to others

the royal officers were laying plots for it secretly, "the king knowing

nothing." A new access of panic seized the bishops. "If he should be

captured or slain what remains to us but to be cast out of our offices

and honours to everlasting shame!" With faces of abject terror they

surrounded Thomas, and the Bishop of Winchester implored him to resign

his see. "The same day and the same hour," he answered, "shall end my

bishopric and my life." "Would to God," cried Hilary, "that thou wert

and shouldst remain only Thomas without any other dignity whatever!"

But Thomas refused all compromise; he had not been summoned to answer

in this cause; he had already suffered against law for men of Kent and

of the sea-border charged with the defence of the coast might be fined

only one-third as much as the inland men; at his consecration, too, he

had been freed from any responsibility incurred as chancellor; he asserted

his right of appeal; and he had meanwhile forbidden the bishops to judge

him in any charge that referred to the time before he was Primate.

Silently the king's messenger returned with his answer. "Behold, we have

heard the blasphemy of prohibition out of his mouth!" cried the barons

and officers, and courtiers turning their heads and throwing sidelong

glances at him, whispered loudly that William who had conquered England,

and even Geoffrey of Anjou, had known how to subdue clerks.

On hearing the message the king at once ordered bishops and barons to

proceed to the trial of the Primate for this new act of contempt of the

King's Court. "In a strait place you have put us," Hilary broke out

bitterly to Thomas, "by your prohibition you have set us between the

hammer and the anvil!" In vain they again entreated Thomas to yield; in

vain they begged the king's leave to sit apart from the barons. Even the

Archbishop of York and Foliot sought anxiously for some escape from

obeying Henry's orders, and at the head of the bishops prayed that they

might themselves appeal to Rome, and thus deal with their own special

grievances against Thomas, who had ordered them to swear and then to

forswear themselves. To this Henry agreed, and from this time the

prelates sat apart, no longer forced to join in the proceedings of the

lay lords; while Henry added to the Council certain sheriffs and lesser

barons "ancient in days." The assembly thus remodelled formally condemned

the archbishop as a traitor, and the earls of Leicester and of Cornwall

were sent to pronounce judgment. But the sentence was never spoken. Thomas

sprang up, cross in hand, and passionately forbade Leicester to speak.

"How can you refuse to obey," said Leicester, "seeing you are the king's

man, and hold your possessions as a fief from him?" "God forbid!" said

Thomas; "I hold nothing whatever of him in fief, for whatever the Church

holds it holds in perpetual liberty, not in subjection to any earthly

sovereignty whatever.... I am your father, you princes of the palace,

lay powers, secular persons; as gold is better than lead, so is the

spiritual better than the lay power.... By my authority I forbid you to

pronounce the sentence." As the nobles retired the archbishop raised his

cross: "I also withdraw," he said, "for the hour is past." Cries of

"Traitor!" followed him down the hall. Knights and barons rushed after him

with bundles of straw and sticks snatched up from the floor, and a clamour

rose "as if the four parts of the city had been given to flames and the

assault of enemies." He made his way slowly through the weeping crowd

outside to the monastery of St. Andrews. That night he fled from

Northampton. The darkness was "as a covering" to him, and a terrible storm

and pelting rain hid the sound of his horse's feet as he passed at

midnight through the town, and out by an unguarded gate to the north. At

dawn of day the anxious Henry of Winchester came to ask for news. "He is

doing well," Thomas's servant whispered in his ear, "for last night he

went away from us, and we do not know whither he has gone." "By the

blessing of God!" cried the bishop, weeping and sighing. When the news was

brought to the king he stood speechless for some moments, choked by his

fury, till at last catching his breath, "We have not done with him yet!"

he exclaimed.

It seemed, indeed, as though the Council of Northampton had brought

nothing but failure and disaster. The king's whole scheme of reform

depended on the ruin or the submission of the Primate, who was its open

and formidable opponent. But Thomas was free and was now more dangerous

than ever. The Church was alarmed, suspicious, perplexed. It was not ten

years since Henry had made his first journey round the kingdom with

Archbishop Theobald at his side, as the king chosen and appointed by the

spiritual power to put down violence and repress a lawless baronage. But

now he could no longer look for the aid of the Church; all dream of

orderly legislation seemed over. Amid all his violence, however, the

king's sincere attempt to maintain the outward authority of law made of

the Council of Northampton a great event in our constitutional history.

It showed that the rule of pure despotism was over. A new step was taken

too in the political education of the nation. Thrown back on the support

of his own officials and of the baronage, Henry used the nobles as he

had once used the Church. Greater and lesser barons sat together in the

King's Council for the first time when Henry summoned sheriffs and

knights from the hall of Northampton Castle to the inner council

chamber. He taught the nobles their strength when he called the whole

assembly of his barons to discuss questions of spiritual jurisdiction.

It was at Northampton that he gave them their first training in political

action--a training whose full results were seen half a century later in

the winning of Magna Charta.

Henry the Second · 第 5 / 11 章