"Archbishop Theobald was at first the King's chief favourite

and adviser, but his health and his influence declining,

Becket [the Archdeacon of Canterbury] was found apt for

business as well as amusement, and gradually became intrusted

with the exercise of all the powers of the crown. ... The

exact time of his appointment as Chancellor has not been

ascertained, the records of the transfer of the Great Seal not

beginning till a subsequent reign, and old biographers being

always quite careless about dates. But he certainly had this

dignity soon after Henry's accession. ... Becket continued

Chancellor till the year 1162, without any abatement in his

favour with the King, or in the power which he possessed, or

in the energy he displayed, or in the splendour of his career.

... In April, 1161, Archbishop Theobald died. Henry declared

that Becket should succeed,--no doubt counting upon his

co-operation in carrying on the policy hitherto pursued in

checking the encroachments of the clergy and of the see of

Rome. ... The same opinion of Becket's probable conduct was

generally entertained, and a cry was raised that 'the Church

was in danger.' The English bishops sent a representation to

Henry against the appointment, and the electors long refused

to obey his mandate, saying that 'it was indecent that a man

who was rather a soldier than a priest, and who had devoted

himself to hunting and falconry instead of the study of the

Holy Scriptures, should be placed in the chair of St.

Augustine.' ... The universal expectation was, that Becket

would now attempt the part so successfully played by Cardinal

Wolsey in a succeeding age; that, Chancellor and Archbishop,

he would continue the minister and personal friend of the

King; that he would study to support and extend all the

prerogatives of the Crown, which he himself was to exercise;

and that in the palaces of which he was now master he would

live with increased magnificence and luxury. ... Never was

there so wonderful a transformation. Whether from a

predetermined purpose, or from a sudden change of inclination,

he immediately became in every respect an altered man.

{800}

Instead of the stately and fastidious courtier, was seen the

humble and squalid penitent. Next [to] his skin he wore

hair-cloth, populous with vermin; he lived upon roots, and his

drink was water, rendered nauseous by an infusion of fennel.

By way of further penance and mortification, he frequently

inflicted stripes on his naked back. ... He sent the Great

Seal to Henry, in Normandy, with this short message, 'I desire

that you will provide yourself with another Chancellor, as I

find myself hardly sufficient for the duties of one office,

and much less of two.' The fond patron, who had been so eager

for his elevation, was now grievously disappointed and

alarmed. ... He at once saw that he had been deceived in his

choice. ... The grand struggle which the Church was then

making was, that all churchmen should be entirely exempted

from the jurisdiction of the secular courts, whatever crime

they might have committed. ... Henry, thinking that he had a

favourable opportunity for bringing the dispute to a crisis,

summoned an assembly of all the prelates at Westminster, and

himself put to them this plain question: 'Whether they were

willing to submit to the ancient laws and customs of the

kingdom?' Their reply, framed by Becket, was: 'We are willing,

saving our own order.' ... The King, seeing what was

comprehended in the reservation, retired with evident marks of

displeasure, deprived Becket of the government of Eye and

Berkhamstead, and all the appointments which he held at the

pleasure of the Crown, and uttered threats as to seizing the

temporalities of all the bishops, since they would not

acknowledge their allegiance to him as the head of the state.

The legate of Pope Alexander, dreading a breach with so

powerful a prince at so unseasonable a juncture, advised

Becket to submit for the moment; and he with his brethren,

retracting the saving clause, absolutely promised 'to observe

the laws and customs of the kingdom.' To avoid all future

dispute, Henry resolved to follow up his victory by having

these laws and customs, as far as the Church was concerned,

reduced into a code, to be sanctioned by the legislature, and

to be specifically acknowledged by all the bishops. This was

the origin of the famous 'Constitutions of Clarendon.'''

Becket left the kingdom (1164). Several years later he made

peace with Henry and returned to Canterbury; but soon he again

displeased the King, who cried in a rage, 'Who will rid me of

this turbulent priest?' Four knights who were present

immediately went to Canterbury, where they slew the Archbishop

in the cathedral (December 29, 1170). "The government tried to

justify or palliate the murder. The Archbishop of York likened

Thomas à Becket to Pharaoh, who died by the Divine vengeance,

as a punishment for his hardness of heart; and a proclamation

was issued, forbidding anyone to speak of Thomas of Canterbury

as a martyr: but the feelings of men were too strong to be

checked by authority; pieces of linen which had been dipped in

his blood were preserved as relics; from the time of his death

it was believed that miracles were worked at his tomb; thither

flocked hundreds of thousands, in spite of the most violent

threats of punishment; at the end of two years he was

canonised at Rome; and, till the breaking out of the

Reformation, St. Thomas of Canterbury, for pilgrimages and

prayers, was the most distinguished Saint in England."

_Lord Campbell,

Lives of the Lord Chancellors,

chapter 3._

"What did Henry II. propose to do with a clerk who was accused

of a crime? ... Without doing much violence to the text, it is

possible to put two different interpretations upon that famous

clause in the Constitutions of Clarendon which deals with

criminous clerks. ... According to what seems to be the

commonest opinion, we might comment upon this clause in some

such words as these:--Offences of which a clerk may be accused

are of two kinds. They are temporal or they are

ecclesiastical. Under the former head fall murder, robbery,

larceny, rape, and the like; under the latter, incontinence,

heresy, disobedience to superiors, breach of rules relating to

the conduct of divine service, and so forth. If charged with

an offence of the temporal kind, the clerk must stand his

trial in the king's court; his trial, his sentence, will be

like that of a layman. For an ecclesiastical offence, on the

other hand, he will be tried in the court Christian. The king

reserves to his court the right to decide what offences are

temporal, what ecclesiastical; also he asserts the right to

send delegates to supervise the proceedings of the spiritual

tribunals. ... Let us attempt a rival commentary. The author

of this clause is not thinking of two different classes of

offences. The purely ecclesiastical offences are not in

debate. No one doubts that for these a man will be tried in

and punished by the spiritual court. He is thinking of the

grave crimes, of murder and the like. Now every such crime is

a breach of temporal law, and it is also a breach of canon

law. The clerk who commits murder breaks the king's peace, but

he also infringes the divine law, and--no canonist will doubt

this--ought to be degraded. Very well. A clerk is accused of

such a crime. He is summoned before the king's court, and he

is to answer there--let us mark this word respondere--for what

he ought to answer for there. What ought he to answer for

there? The breach of the king's peace and the felony. When he

has answered, ... then, without any trial, he is to be sent to

the ecclesiastical court. In that court he will have to answer

as an ordained clerk accused of homicide, and in that court

there will be a trial (res ibi tractabitur). If the spiritual

court convicts him it will degrade him, and thenceforth the

church must no longer protect him. He will be brought back

into the king's court, ... and having been brought back, no

longer a clerk but a mere layman, he will be sentenced

(probably without any further trial) to the layman's

punishment, death or mutilation. The scheme is this:

accusation and plea in the temporal court; trial, conviction,

degradation, in the ecclesiastical court; sentence in the

temporal court to the layman's punishment. This I believe to

be the meaning of the clause."

_F. W. Maitland,

Henry II. and the Criminous Clerks

(English Historical Review, April, 1892),

pages 224-226._

The Assize of Clarendon, sometimes confused with the

Constitutions of Clarendon, was an important decree approved

two years later. It laid down the principles on which the

administration of justice was to be carried out, in twenty-two

articles drawn up for the use of the judges.

_Mrs. J. R Green,

Henry the Second,

chapters 5-6._

{801}

"It may not be without instruction to remember that the

Constitutions of Clarendon, which Becket spent his life in

opposing, and of which his death procured the suspension, are

now incorporated in the English law, and are regarded, without

a dissentient voice, as among the wisest and most necessary of

English institutions; that the especial point for which he

surrendered his life was not the independence of the clergy

from the encroachments of the Crown, but the personal and now

forgotten question of the superiority of the see of Canterbury

to the see of York."

_A. P. Stanley,

Historical Memorials of Canterbury,

page 124._

ALSO IN:

_W. Stubbs,

Constitutional History of England,

chapter 12, sections 139-141._

_W. Stubbs,

Select Charters,

part 4._

_J. C. Robertson,

Becket._

_J. A. Giles,

Life and Letters of Thomas à Becket._

_R. H. Froude,

History of the Contest between Archbishop

Thomas à Becket and Henry II.

(Remains, part 2, volume 2)._

_J. A. Froude,

Life and Times of Thomas Becket._

_C. H. Pearson,

History of England during the Early and Middle Ages,

volume 1, chapter 29._

See, also,

BENEFIT OF CLERGY,

and JURY, TRIAL BY.

ENGLAND: A. D. 1189.

Accession of King Richard I. (called Cœur de Lion).

ENGLAND: A. D. 1189-1199.

Reign of Richard Cœur de Lion.

His Crusade and campaigns in France.

"The Third Crusade [see CRUSADES: A. D. 1188-1192], undertaken

for the deliverance of Palestine from the disasters brought

upon the Crusaders' Kingdom by Saladin, was the first to be

popular in England. ... Richard joined the Crusade in the very

first year of his reign, and every portion of his subsequent

career was concerned with its consequences. Neither in the

time of William Rufus nor of Stephen had the First or Second

Crusades found England sufficiently settled for such

expeditions. ... But the patronage of the Crusades was a

hereditary distinction in the Angevin family now reigning in

England: they had founded the kingdom of Palestine; Henry II.

himself had often prepared to set out; and Richard was

confidently expected by the great body of his subjects to

redeem the family pledge. ... Wholly inferior in statesmanlike

qualities to his father as he was, the generosity,

munificence, and easy confidence of his character made him an

almost perfect representative of the chivalry of that age. He

was scarcely at all in England, but his fine exploits both by

land and sea have made him deservedly a favourite. The

depreciation of him which is to be found in certain modern

books must in all fairness be considered a little mawkish. A

King who leaves behind him such an example of apparently

reckless, but really prudent valour, of patience under jealous

ill-treatment, and perseverance in the face of extreme

difficulties, shining out as the head of the manhood of his

day, far above the common race of kings and emperors,--such a

man leaves a heritage of example as well as glory, and incites

posterity to noble deeds. His great moral fault was his

conduct to Henry, and for this he was sufficiently punished;

but his parents must each bear their share of the blame. ...

The interest of English affairs during Richard's absence

languishes under the excitement which attends his almost

continuous campaigns. ... Both on the Crusade and in France

Richard was fighting the battle of the House which the English

had very deliberately placed upon its throne; and if the war

was kept off its shores, if the troubles of Stephen's reign

were not allowed to recur, the country had no right to

complain of a taxation or a royal ransom which times of peace

enabled it, after all, to bear tolerably well. ... The great

maritime position of the Plantagenets made these sovereigns

take to the sea."

_M. Burrows,

Commentaries on the History of England,

book 1, chapter 18._

Richard "was a bad king; his great exploits, his military

skill, his splendour and extravagance, his poetical tastes,

his adventurous spirit, do not serve to cloak his entire want

of sympathy, or even consideration for his people. He was no

Englishman. ... His ambition was that of a mere warrior."

_W. Stubbs,

Constitutional History of England,

section. 150 (volume 1)._

ALSO IN:

_K. Norgate,

England under the Angevin Kings,

volume 2, chapter 7-8._

ENGLAND: A. D. 1199.

Accession of King John.

ENGLAND: A. D. 1205.

The loss of Normandy and its effects.

In 1202 Philip Augustus, king of France, summoned John of

England, as Duke of Normandy (therefore the feudal vassal of

the French crown) to appear for trial on certain grave charges

before the august court of the Peers of France. John refused

to obey the summons; his French fiefs were declared forfeited,

and the armies of the French king took possession of them (see

FRANCE: A. D. 1180-1224). This proved to be a lasting

separation of Normandy from England,--except as it was

recovered momentarily long afterwards in the conquests of

Henry V. "The Norman barons had had no choice but between John

and Philip. For the first time since the Conquest there was no

competitor, son, brother, or more distant kinsman, for their

allegiance. John could neither rule nor defend them. Bishops

and barons alike welcomed or speedily accepted their new lord.

The families that had estates on both sides of the Channel

divided into two branches, each of which made terms for

itself; or having balanced their interests in the two

kingdoms, threw in their lot with one or other, and renounced

what they could not save. Almost immediately Normandy settles

down into a quiet province of France. ... For England the

result of the separation was more important still. Even within

the reign of John it became clear that the release of the

barons from their connexion with the continent was all that

was wanted to make them Englishmen. With the last vestiges of

the Norman inheritances vanished the last idea of making

England a feudal kingdom. The Great Charter was won by men who

were maintaining, not the cause of a class, as had been the

case in every civil war since 1070, but the cause of a nation.

From the year 1203 the king stood before the English people

face to face."

_W. Stubbs,

Constitutional History of England,

chapter 12, section 152._

See FRANCE: A. D. 1180-1224.

ENGLAND: A. D. 1205-1213.

King John's quarrel with the Pope and the Church.

On the death, in 1205, of Archbishop Hubert, of Canterbury,

who had long been chief minister of the crown, a complicated

quarrel over the appointment to the vacant see arose between

the monks of the cathedral, the suffragan bishops of the

province, King John, and the powerful Pope Innocent III. Pope

Innocent put forward as his candidate the afterwards famous

Stephen Langton, secured his election in a somewhat irregular

way (A. D. 1207), and consecrated him with his own hands. King

John, bent on filling the primacy with a creature of his own,

resisted the papal action with more fury than discretion, and

proceeded to open war with the whole Church.

{802}

"The monks of Canterbury were driven from their monastery, and

when, in the following year, an interdict which the Pope had

intrusted to the Bishops of London, Ely and Worcester, was

published, his hostility to the Church became so extreme that

almost all the bishops fled; the Bishops of Winchester,

Durham, and Norwich, two of whom belonged to the ministerial

body, being the only prelates left in England. The interdict

was of the severest form; all services of the Church, with the

exception of baptism and extreme unction, being forbidden,

while the burial of the dead was allowed only in unconsecrated

ground; its effect was however, weakened by the conduct of

some of the monastic orders, who claimed exemption from its

operation, and continued their services. The king's anger knew

no bounds. The clergy were put beyond the protection of the

law; orders were issued to drive them from their benefices,

and lawless acts committed at their expense met with no

punishment. ... Though acting thus violently, John showed the

weakness of his character by continued communication with the

Pope, and occasional fitful acts of favour to the Church; so

much so, that, in the following year, Langton prepared to come

over to England, and, upon the continued obstinacy of the

king, Innocent, feeling sure of his final victory, did not

shrink from issuing his threatened excommunication. John had

hoped to be able to exclude the knowledge of this step from

the island ... ; but the rumour of it soon got abroad, and its

effect was great. ... In a state of nervous excitement, and

mistrusting his nobles, the king himself perpetually moved to

and fro in his kingdom, seldom staying more than a few days in

one place. None the less did he continue his old line of policy.

... In 1211 a league of excommunicated leaders was formed,

including all the princes of the North of Europe; Ferrand of

Flanders, the Duke of Brabant, John, and Otho [John's Guelphic

Saxon nephew, who was one of two contestants for the imperial

crown in Germany], were all members of it, and it was chiefly

organized by the activity of Reinald of Dammartin, Count of

Boulogne. The chief enemy of these confederates was Philip of

France; and John thought he saw in this league the means of

revenge against his old enemy. To complete the line of

demarcation between the two parties, Innocent, who was greatly

moved by the description of the disorders and persecutions in

England, declared John's crown forfeited, and intrusted the

carrying out of the sentence to Philip. In 1213 armies were

collected on both sides. Philip was already on the Channel,

and John had assembled a large army on Barhamdown, not far

from Canterbury." But, at the last moment, when the French

king was on the eve of embarking his forces for the invasion

of England, John submitted himself abjectly to Pandulf, the

legate of the Pope. He not only surrendered to all that he had

contended against, but went further, to the most shameful

extreme. "On the 15th of May, at Dover, he formally resigned

the crowns of England and Ireland into the hands of Pandulf,

and received them again as the Pope's feudatory."

_J. F. Bright,

History of England (3d edition),

volume 1, pages 130-134._

ALSO IN:

_C. H. Pearson,

History of England during the Early and Middle Ages,

volume 2, chapter 2._

_E. F. Henderson,

Select Historical Documents of the Middle Ages,

Book 4, number 5._

See, also, BOUVINES, BATTLE OF.

ENGLAND: A. D. 1206-1230.

Attempts of John and Henry III. to recover Anjou and Maine.

See ANJOU: A. D. 1206-1442.

ENGLAND: A. D. 1215.

Magna Carta.

"It is to the victory of Bouvines that England owes her Great

Charter [see BOUVINES]. ... John sailed for Poitou with the

dream of a great victory which should lay Philip [of France]

and the barons alike at his feet. He returned from his defeat

to find the nobles no longer banded together in secret

conspiracies, but openly united in a definite claim of liberty

and law. The author of this great change was the new

Archbishop [Langton] whom Innocent had set on the throne of

Canterbury. ... In a private meeting of the barons at St.

Paul's, he produced the Charter of Henry I., and the

enthusiasm with which it was welcomed showed the sagacity with

which the Primate had chosen his ground for the coming

struggle. All hope, however, hung on the fortunes of the

French campaign; it was the victory at Bouvines that broke the

spell of terror, and within a few days of the king's landing

the barons again met at St. Edmundsbury. ... At Christmas they

presented themselves in arms before the king and preferred their

claim. The few months that followed showed John that he stood

alone in the land. ... At Easter the barons again gathered in

arms at Brackley and renewed their claim. 'Why do they not ask

for my kingdom?' cried John in a burst of passion; but the

whole country rose as one man at his refusal. London threw

open her gates to the army of the barons, now organized under

Robert Fitz-Walter, 'the marshal of the army of God and the

holy Church.' The example of the capital was at once followed

by Exeter and Lincoln; promises of aid came from Scotland and

Wales; the northern nobles marched hastily to join their

comrades in London. With seven horsemen in his train John

found himself face to face with a nation in arms. ... Nursing

wrath in his heart the tyrant bowed to necessity, and summoned

the barons to a conference at Runnymede. An island in the

Thames between Staines and Windsor had been chosen as the

place of conference: the king encamped on one bank, while the

barons covered the marshy flat, still known by the name of

Runnymede, on the other. Their delegates met in the island

between them. ... The Great Charter was discussed, agreed to,

and signed in a single day [June 15, A. D. 1215]. One copy of

it still remains in the British Museum, injured by age and

fire, but with the royal seal still hanging from the brown,

shriveled parchment."

_J. R Green,

Short History of the England People,

chapter 3, sections 2-3._

"As this was the first effort towards a legal government, so

is it beyond comparison the most important event in our

history, except that, Revolution without which its benefits

would have been rapidly annihilated. The constitution of

England has indeed no single date from which its duration is

to be reckoned. The institutions of positive law, the far more

important changes which time has wrought in the order of

society, during six hundred years subsequent to the Great

Charter, have undoubtedly lessened its direct application to

our present circumstances. But it is still the key-stone of

English liberty. All that has since been obtained is little

more than as confirmation or commentary. ... The essential

clauses of Magna Charta are those which protect the personal

liberty and property of all freemen, by giving security from

arbitrary imprisonment and arbitrary spoliation.

{803}

'No freeman (says the 29th chapter of Henry III.'s charter,

which, as the existing law, I quote in preference to that of

John, the variations not being very material) shall be taken

or imprisoned, or be disseised of his freehold, or liberties,

or free customs, or be outlawed, or exiled, or any otherwise

destroyed; nor will we pass upon him, nor send upon, but by

lawful judgment of his peers, or by the law of the land. We

will sell to no man, we will not deny or delay to any man,

justice or right.' It is obvious that these words, interpreted

by any honest court of law, convey an ample security for the

two main rights of civil society."

_H. Hallam,

The Middle Ages,

chapter 8, part 2._

"The Great Charter, although drawn up in the form of a royal

grant, was really a treaty between the king and his subjects.

... It is the collective people who really form the other high

contracting party in the great capitulation,--the three

estates of the realm, not, it is true, arranged in order

according to their profession or rank, but not the less

certainly combined in one national purpose, and securing by

one bond the interests and rights of each other, severally and

all together. ... The barons maintain and secure the right of

the whole people as against themselves as well as against

their master. Clause by clause the rights of the commons are

provided for as well as the rights of the nobles. ... The

knight is protected against the compulsory exaction of his

services, and the horse and cart of the freeman against the

irregular requisition even of the sheriff. ... The Great

Charter is the first great public act of the nation, after it

has realised its own identity. ... The whole of the

constitutional history of England is little more than a

commentary on Magna Carta."

_W. Stubbs,

Constitutional History of England,

chapter 12, section 155._

The following is the text of Magna Carta;

History for ready reference, Volume 2, El Dorado to Greaves · 第 9 / 222 段