Great Britain -- History -- Henry II, 1154-1189; Henry II, King of England, 1133-1189
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.
Public-domain text, read in full here on John Shaqi.
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