Great Britain -- History -- Plantagenets, 1154-1399; Plantagenet, House of
In the process of his reforms he was startled by the absolute immunity
accorded to the crimes of the clergy, or persons pretending to be
clergymen, through the double jurisdiction of the lay and Church courts
which was introduced by William the Conqueror. Any clerk who committed
a crime could be demanded by his bishop from the officers of secular
justice, and sentenced by him to ecclesiastical punishment, which,
according to the law of William, was to be enforced by the secular
arm. But, in fact, so much afraid were the bishops of any clerk being
tried by the lay courts, and so jealous were the lay officers of being
called on to enforce the ecclesiastical punishments, that the whole
system broke down. Thieves and murderers who called themselves clerks
were demanded by the bishops and sentenced to penances and deprivation
of orders, two punishments at which they could afford to laugh. Henry
proposed that, when such prisoners were taken and found guilty, they
should be delivered to the bishops to be spiritually punished, and then
to the secular officers, to have sufficient punishment, to be hanged,
or blinded, or imprisoned as the mild laws of the period ordered.
Thomas would not hear of this--one punishment was enough for one
fault; if the clergyman was a thief, and proved so to be, let him be
degraded--that was enough; if he broke the law again, the law might
have him, for he was after degradation entitled to the privileges of a
clergyman no more. Henry grew very angry at this foolish and imprudent
proposal. Such, he said, had not been the law in the time of his
grandfather, the great king Henry the Elder, the lion of righteousness.
He would not submit, but would enforce the ancient rights and customs
of the realm as his grandfather had done. But what, it was asked, were
those customs? The reign of Stephen had witnessed a total abeyance
of secular law, and had listened to very extraordinary assertions of
ecclesiastical right and liberty. Let the ancient customs be first
ascertained, and then it would be time to say whether or no the clergy
and laity could act together. Becket allowed the bishops to promise
to observe these customs ‘saving their order.’ Henry declared that
that meant nothing. The assembly was broken up in wrath. The king
ordered the manors of Eye and Berkhampstead to be surrendered, and
the archbishop in two or three later interviews sought in vain for a
reconciliation.
[Sidenote:
Henry’s
motives.
]
Whether in this Henry acted from passionate indignation, or because he
saw that Becket had taken on himself the maintenance of the extreme
views propounded by the canonists as to the immunity of spiritual
men, we cannot now venture to determine. The breach between the two
was never healed; both probably saw that it never could even be
compromised. The dispute had its real basis in the difficulty of
adjusting legal and spiritual relations, which even at the present day
seems no nearer receiving a permanent settlement.
Public-domain text, read in full here on John Shaqi.
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