The History of England from the Norman Conquest to the Death of John (1066-1216)Adams, George Burton
History
The History of England from the Norman Conquest to the Death of John (1066-1216)
Adams, George Burton
Great Britain -- History -- Medieval period, 1066-1485
Even if the council of Clarendon closed, as we have supposed it did, with
no definite statement on Thomas's part of his attitude towards the
Constitutions, and not, as some accounts imply, with a flat refusal to
accept them, he probably left the council fully determined not to do so.
He carried away with him an official copy of the Constitutions as
evidence of the demands which had been made and shortly afterwards he
suspended himself from his functions because of the promise which he had
originally given to obey them, and applied to the pope for absolution.
For some months matters drifted with no decisive events. Both sides made
application to the pope. The archbishop attempted to leave England
without the knowledge of the king, but failed to make a crossing. The
courts were still unable to carry out the provisions of the
Constitutions. Finally a case arose involving the archbishop's own court,
and on his disregard of the king's processes he was summoned to answer
before the curia regis at Northampton on October 6.
It is to be regretted that we have no account of the interesting and
dramatic events of this assembly from a hand friendly to the king and
giving us his point of view. In the biographies of the archbishop,
written by clerks who were not likely to know much feudal law, it is not
easy to trace out the exact legal procedure nor always to discover the
technical right which we may be sure the king believed was on his side in
every step he took. At the outset it was recorded that as a mark of his
displeasure Henry omitted to send to the archbishop the customary
personal summons to attend the meeting of the court and summoned him only
through the sheriff, but, though the omission of a personal summons to
one of so high rank would naturally be resented by his friends, as he was
to go, not as a member of the court, but as an accused person to answer
before it, the omission was probably quite regular. Immediately after the
organization of the court, Becket was put on his trial for neglect to
obey the processes of the king's court in the earlier case. Summoned
originally on an appeal for default of judgment, he had neither gone to
the court himself nor sent a personal excuse, but he had instructed his
representatives to plead against the legality of the appeal. This he
might have done himself if personally before the court, but, as he had
not come, there was technically a refusal to obey the king's commands
which gave Henry his opportunity. Before the great curia regis the case
was very simple. The archbishop seems to have tried to get before the
court the same plea as to the illegality of the appeal, but it was ruled
out at once, as "it had no place there." In other words, the case was now
a different one. It was tried strictly on the ground of the archbishop's
feudal obligations, and there he had no defence. Judgment was given
against him, and all his movables were declared in the king's mercy.
Public-domain text, read in full here on John Shaqi.
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