Leaders of the People: Studies in Democratic History — John Shaqi
Leaders of the People: Studies in Democratic HistoryClayton, Joseph
History
Leaders of the People: Studies in Democratic History
Clayton, Joseph
Democracy; Great Britain -- History
At the close of the year the archbishop’s difficulties had been
increased by appeals on all sides to yield to the king. The bishops
were for peace at any price, and the Pope, Alexander III., threatened
by an anti-pope, and anxious for the good will of the king of England,
sent an abbot to Thomas urging him to give way, on the ground that
Henry only wanted a formal assent to the “customs” for the sake of his
dignity, and had no intention of doing anything harmful to the Church.
Under these circumstances Thomas decided to yield. He went to the king
at Woodstock and declared that the obnoxious phrase, “saving our
order,” should be omitted from the promise to observe the “customs.”
Without delay the king ordered his justiciar, Richard of Lucy, and his
clerk, Jocelin of Balliol, to draw up a list of the old “customs” and
liberties of his grandfather Henry I., and on the 29th of January,
1164, a great council was held at Clarendon to ratify the agreement
between the bishops and the king.
Sixteen constitutions or articles were drawn up, and Thomas,
over-persuaded by the prayers of the bishops and the desire for peace,
gave his promise unconditionally to observe them. But no sooner had he
done so, and the articles were placed before him in black and white,
than he repented.
The very first article declared that all disputes about Church
patronage were to be tried in the King’s Court, and was intolerable,
because while the State held it was a question of the rights of
property, the Church view was that the main point was the care of
souls, a spiritual matter for churchmen, not lawyers, to decide.
The other articles which Thomas objected to, and which the pope
subsequently refused to ratify, decreed: (1) That clerks were to be
tried in the King’s Courts for offences of common law. (2) That neither
archbishops, bishops, nor beneficed clerks were to leave the kingdom
without the king’s license. (This, said St. Thomas, would stop all
pilgrimages and attendance at councils at Rome, and turn England into a
vast prison. “It was right enough to apply for the king’s leave before
the departure, but to bind one’s-self by an oath not to go without it
was against religion and was evil.”) (3) That no member of the king’s
household was to be excommunicated without the king’s permission.
(4) That no appeals should be taken beyond the archbishop’s court,
except to be brought before the king. (This was a definite attempt to
prohibit appeals to Rome, and Thomas pointed out that the archbishop on
receiving the pallium swore expressly not to hinder such appeals. The
acceptance of this article left the king absolute master.)
The last article, declaring that serfs or sons of villeins were not to
be ordained without the consent of the lord on whose land they were
born, was not opposed by the pope, and the only contemporary objection
seems to have been raised by Garnier, a French monk and a biographer of
Thomas Becket.[16]
Public-domain text, read in full here on John Shaqi.
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