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