Beacon Lights of History, Volume 3 part 1: The Middle AgesLord, John
History
Beacon Lights of History, Volume 3 part 1: The Middle Ages
Lord, John
History
The matter was this: A young nobleman, who held a clerical office,
committed a murder. As an ecclesiastic, he was brought before the
court of the Bishop of Lincoln, and was sentenced to pay a small
fine. But public justice was not satisfied, and the sheriff
summoned the canon, who refused to plead before him. The matter
was referred to the King, who insisted that the murderer should be
tried in the civil court,--that a sacred profession should not
screen a man who had committed a crime against society. While the
King had, as we think, justice on his side, yet in this matter he
interfered with the jurisdiction of the spiritual courts, which had
been in force since Constantine. Theodosius and Justinian had
confirmed the privilege of the Church, on the ground that the
irregularities of a body of men devoted to the offices of religion
should be veiled from the common eye; so that ecclesiastics were
sometimes protected when they should be punished. But if the
ecclesiastical courts had abuses, they were generally presided over
by good and wise men,--more learned than the officers of the civil
courts, and very popular in the Middle Ages; and justice in them
was generally administered. So much were they valued in a dark
age, when the clergy were the most learned men of their times, that
much business came gradually to be transacted in them which
previously had been settled in the civil courts,--as tithes,
testaments, breaches of contract, perjuries, and questions
pertaining to marriage. But Henry did not like these courts, and
was determined to weaken their jurisdiction, and transfer their
power to his own courts, in order to strengthen the royal
authority. Enlightened jurists and historians in our times here
sympathize with Henry. High-Church ecclesiastics defend the
jurisdiction of the spiritual courts, since they upheld the power
of the Church, so useful in the Middle Ages. The King began the
attack where the spiritual courts were weakest,--protection
afforded to clergymen accused of crime. So he assembled a council
of bishops and barons to meet him at Westminster. The bishops at
first were inclined to yield to the King, but Becket gained them
over, and would make no concession. He stood up for the privileges
of his order. In this he was contending for justice and he
defended his Church, at all hazards,--not her doctrines, but her
prerogatives. He would present a barrier against royal
encroachments, even if they were for the welfare of the realm. He
would defend the independence of the clergy, and their power,--
perhaps as an offset to royal power. In his rigid defence of the
privileges of the clergy we see the churchman, not the statesman;
we see the antagonist, not the ally, of the King. Henry was of
course enraged. Who can wonder? He was bearded by his former
favorite,--by one of his subjects.
Public-domain text, read in full here on John Shaqi.
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