England under the Angevin Kings, Volume IINorgate, Kate
History
England under the Angevin Kings, Volume II
Norgate, Kate
Anjou, House of; England -- Civilization -- 1066-1485; Great Britain -- History -- Angevin period, 1154-1216
Cæsar the things that are Cæsar’s, and unto God the things that are
God’s.”[85]
[84] Anon. II. (_ib._ vol. iv.), pp. 92–94.
[85] _Ib._ pp. 94, 95.
In July occurred a typical case which brought matters to a crisis. A
clerk named Philip de Broi had been tried in the bishop of Lincoln’s
court for murder, had cleared himself by a legal compurgation, and had
been acquitted. The king, not satisfied, commanded or permitted the
charge to be revived, and the accused to be summoned to take his trial
at Dunstable before Simon Fitz-Peter, then acting as justice-in-eyre
in Bedfordshire, where Philip dwelt. Philip indignantly refused to
plead again in answer to a charge of which he had been acquitted,
and overwhelmed the judge with abuse, of which Simon on his return
to London made formal complaint to the king. Henry was furious,
swore his wonted oath “by God’s Eyes” that an insult to his minister
was an insult to himself, and ordered the culprit to be brought to
justice for the contempt of court and the homicide both at once. The
primate insisted that the trial should take place in his own court at
Canterbury, and to this Henry was compelled unwillingly to consent. The
charge of homicide was quickly disposed of; Philip had been acquitted
in a Church court, and his present judges had no wish to reverse its
decision. On the charge of insulting a royal officer they sentenced
him to undergo a public scourging at the hands of the offended person,
and to forfeit the whole of his income for the next two years, to be
distributed in alms according to the king’s pleasure. Henry declared
the punishment insufficient, and bitterly reproached the bishops with
having perverted justice out of favour to their order.[86] They denied
it; but a story which came up from the diocese of Salisbury[87] and
another from that of Worcester[88] tended still further to shew the
helplessness of the royal justice against the ecclesiastical courts
under the protection of the primate; and the latter’s blundering
attempts to satisfy the king only increased his irritation. Not only
did Thomas venture beyond the limits of punishment prescribed by the
canon law by causing a clerk who had been convicted of theft to be
branded as well as degraded,[89] but he actually took upon himself to
condemn another to banishment.[90] He hoped by these severe sentences
to appease the king’s wrath;[91] Henry, on the contrary, resented them
as an interference with his rights; what he wanted was not severe
punishment in isolated cases, but the power to inflict it in the
regular course of his own royal justice. At last he laid the whole
question before a great council which met at Westminster on October
1.[92]
Public-domain text, read in full here on John Shaqi.
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