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
William Fitz Stephen, one of Becket's biographers who shows a more
accurate knowledge of the law than the others, and who was present at the
trial, records an interesting incident of the judgment. A dispute arose
between the barons and the bishops as to who should pronounce it, each
party trying to put the unpleasant duty on the other. To the barons'
argument that a bishop should declare the decision of the court because
Becket was a bishop, the bishops answered that they were not sitting
there as bishops but as barons of the realm and peers of the lay barons.
The king interposed, and the sentence was pronounced by the aged Henry,
Bishop of Winchester. Becket seems to have submitted without opposition,
and the bishops who were present, except Gilbert Foliot of London, united
in giving security for the payment of the fine.
A question that inevitably arises at this point and cannot be answered
is, why Henry did not rest satisfied with the apparently great advantage
he had gained. He had put into operation more than one of the articles of
the Constitutions of Clarendon, and against the archbishop in person.
Becket had been obliged to recognize the jurisdiction of the curia
regis over himself and to submit to its sentence, and the whole body of
bishops had recognized their feudal position in the state and had acted
upon it. Perhaps the king wished to get an equally clear precedent in a
case which was a civil one rather than a misdemeanour. Perhaps he was so
exasperated against the archbishop that he was resolved to pursue him to
his ruin, but, though more than one thing points to this, it does not
seem a reasonable explanation. Whatever may have been his motive, the
king immediately,--the accounts say on the same day with the first
trial;--demanded that his former chancellor should account for £300
derived from the revenues of the castles of Eye and Berkhampsted held by
him while chancellor. Thomas answered that the money had been spent in
the service of the state, but the king refused to admit that this had
been done by his authority. Again Becket submitted, though not
recognizing the right of the court to try him in a case in which he had
not been summoned, and gave security for the payment.
Public-domain text, read in full here on John Shaqi.
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