Great Britain -- History -- Henry II, 1154-1189; Henry II, King of England, 1133-1189
In the council which opened in Northampton Castle on Wednesday, 7th
October, we see the Curia Regis in the developed form which it had taken
under Henry and his justiciar, De Lucy, carrying out an exact legal
system, and observing the forms of a very elaborate procedure. The king
and his inner council of the great lords, the prelates, and the officers
of the household, withdrew to an upper chamber of the castle; the whole
company of sheriffs and lesser barons waited in the great hall below
till they were specially summoned to the king's presence, crowding round
the fire that burned in the centre of the hall under the opening in the
roof through which the smoke escaped, or lounging in the straw and
rushes that covered the floor. For seven days the trial dragged on, as
lawyers and bishops and barons anxiously groped their way through
baffling legal problems which had grown out of legislation new and old.
Even the king himself, fiery, imperious, dictatorial, clung with a kind
of superstition to the forms of legal process. The archbishop asked
leave to appeal to the Pope. "You shall first answer in my court for the
injury done to John the marshal," said Henry. The next day, Thursday,
this matter was decided. Bishops and barons alike, lacking somewhat of
the king's daring, shrank at first from the responsibility of pronouncing
judgment. "We are laymen," said the barons; "you are his fellow-priests
and fellow-bishops, and it is for you to declare sentence." "Nay,"
answered the bishops, "this is not an ecclesiastical but a secular
judgment, and we sit here not as bishops but as barons; if you heed our
orders you should also take heed of his." The dispute was a critical one,
leading as it did directly to questions about the jurisdiction of the
Curia Regis over ecclesiastical persons, and the obligation asserted in
the Constitutions of Clarendon, that bishops should sit with barons in the
King's Court till it came to a question of blood. The king was seized with
one of his fierce fits of anger, and the discussion "immediately ended."
The unwilling Bishop of Winchester was sent to pronounce sentence of fine
for neglect of the king's summons. Matters then moved quickly. A demand
was made for £300 which Thomas had received from Eye and Berkhampstead
when he was chancellor; and in spite of his defence that it had been spent
in building the palace in London and repairing the castles, judgment went
against him. The next day a further demand was made for money spent in the
war of Toulouse, and this, too, Thomas agreed to pay, though it was now
hard to find sureties. Then the king dealt his last blow. Thomas was
required to account for the sums he had received as chancellor from vacant
sees and abbeys. "By God's eyes," the king swore, when the Primate and the
bishops threw themselves in despair at his feet, he would have the
accounts in full. He would only grant a day's delay for Thomas to take
counsel with his friends.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account