[* See note P, at the end of the volume.]

Assisted by Berenger, count of Barcelona, and Trincaval, count of Nismes, whom he had gained to his party, he invaded the county of Toulouse; and after taking Verdun, Castlenau, and other places, he besieged the capital of the province, and was likely to prevail in the enterprise; when Lewis, advancing before the arrival of his main body, threw himself into the place with a small reenforcement. Henry was urged by some of his ministers to prosecute the siege, to take Lewis prisoner, and to impose his own terms in the pacification; but he either thought it so much his interest to maintain the feudal principles, by which his foreign dominions were secured, or bore so much respect to his superior lord, that he declared he would not attack a place defended by him in person; and he immediately raised the siege. He marched into Normandy to protect that province against an incursion which the count of Dreux, instigated by King Lewis, his brother, had made upon it. War was now openly carried on between the two monarchs, but produced no memorable event: it soon ended in a cessation of arms, and that followed by a peace, which was not, however, attended with any confidence or good correspondence between those rival princes.

1160.

The fortress of Gisors, being part of the dowry stipulated to Margaret of France, had been consigned by agreement to the knights templars, on condition that it should be delivered into Henry’s hands after the celebration of the nuptials. The king, that he might have a pretence for immediately demanding the place, ordered the marriage to be solemnized between the prince and princess, though both infants; and he engaged the grand master of the templars, by large presents, as was generally suspected, to put him in possession of Gisors.[*]

1161.

Lewis, resenting this fraudulent conduct, banished the templars, and would have made war upon the king of England, had it not been for the mediation and authority of Pope Alexander III., who had been chased from Rome by the antipope, Victor IV., and resided at that time in France.

     [* Since the first publication of this History,
     Lord Lyttleton has published a copy of the treaty between
     Henry and Lewis, by which it appears, if there was no secret
     article, that Henry was not guilty of any fraud in this
     transaction, observe, that the two kings had the year
     before, met the pope at the castle of Torci on the Loir; and
     they gave him such marks of respect, that both dismounted to
     receive him, and holding each of them one of the reins of
     his bridle, walked on foot by his side, and conducted him in
     that submissive manner into the castle: “a spectacle,”
      cries Baronius in an ecstasy, “to God, angels, and men; and
     such as had never before been exhibited to the world!”]

1162.

Henry, soon after he had accommodated his differences with Lewis by the pope’s mediation, returned to England; where he commenced an enterprise, which, though required by sound policy, and even conducted in the main with prudence, bred him great disquietude, involved him in danger, and was not concluded without some loss and dishonor.

The usurpations of the clergy, which had at first been gradual, were now become so rapid, and had mounted to such a height, that the contest between the regale and pontificale was really arrived at a crisis in England; and it became necessary to determine whether the king or the priests, particularly the archbishop of Canterbury, should be sovereign of the kingdom. The aspiring spirit of Henry, which gave inquietude to all his neighbors, was not likely long to pay a tame submission to the encroachments of subjects; and as nothing opens the eyes of men so readily as their interest, he was in no danger of falling, in this respect, into that abject superstition which retained his people in subjection. From the commencement of his reign, in the government of his foreign dominions, as well as of England, he had shown a fixed purpose to repress clerical usurpations, and to maintain those prerogatives which had been transmitted to him by his predecessors. During the schism of the papacy between Alexander and Victor, he had determined, for some time, to remain neuter; and when informed that the archbishop of Rouen and the bishop of Mans had, from their own authority, acknowledged Alexander as legitimate pope, he was so enraged, that, though he spared the archbishop on account of his great age, he immediately issued orders for overthrowing the houses of the bishop of Mans and archdeacon of Rouen;[*] 17 and it was not till he had deliberately examined the matter, by those views which usually enter into the councils of princes, that he allowed that pontiff to exercise authority over any of his dominions.

     [* See note Q, at the end of the volume.]

In England, the mild character and advanced years of Theobald, archbishop of Canterbury, together with his merits in refusing to put the crown on the head of Eustace, son of Stephen, prevented Henry, during the lifetime of that primate, from taking any measures against the multiplied encroachments of the clergy; but after his death, the king resolved to exert himself with more activity; and that he might be secure against any opposition, he advanced to that dignity Becket, his chancellor, on whose compliance he thought he could entirely depend.

Thomas à Becket, the first man of English descent who, since the Norman conquest, had, during the course of a whole century, risen to any considerable station, was born of reputable parents in the city of London; and being endowed both with industry and capacity, he early insinuated himself into the favor of Archbishop Theobald, and obtained from that prelate some preferments and offices. By their means he was enabled to travel for improvement to Italy, where he studied the civil and canon law at Bologna; and on his return he appeared to have made such proficiency in knowledge, that he was promoted by his patron to the archdeaconry of Canterbury, an office of considerable trust and profit. He was afterwards employed with success by Theobald in transacting business at Rome; and on Henry’s accession, he was recommended to that monarch as worthy of further preferment Henry, who knew that Becket had been instrumental in supporting that resolution of the archbishop, which had tended so much to facilitate his own advancement to the throne, was already prepossessed in his favor; and finding on further acquaintance, that his spirit and abilities entitled him to any trust he soon promoted him to the dignity of chancellor, one of the first civil offices in the kingdom. The chancellor, in that age, besides the custody of the great seal, had possession of all vacant prelacies and abbeys; he was the guardian of all such minors and pupils as were the king’s tenants; all baronies which escheated to the crown were under his administration; he was entitled to a place in council, even though he were not particularly summoned; and as he exercised also the office of secretary of state, and it belonged to him to countersign all commissions, writs, and letters patent, he was a kind of prime minister and was concerned in the despatch of every business of importance. Besides exercising this high office, Becket by the favor of the king or archbishop, was made provost of Beverley, dean of Hastings, and constable of the Tower: he was put in possession of the honors of Eye and Berkham large baronies that had escheated to the crown; and to complete his grandeur, he was intrusted with the education of Prince Henry, the king’s eldest son, and heir of the monarchy. The pomp of his retinue, the sumptuousness of his furniture, the luxury of his table, the munificence of his presents, corresponded to these great preferments; or rather exceeded any thing that England had ever before seen in any subject. His historian and secretary, Fitz-Stephens, mentions, among other particulars, that his apartments were every day in winter covered with clean straw or hay, and in summer with green rushes or boughs, lest the gentlemen who paid court to him and who could not, by reason of their great number, find a place at table, should soil their fine clothes by sitting on a dirty floor.[*] A great number of knights were retained in his service; the greatest barons were proud of being received at his table; his house was a place of education for the sons of the chief nobility; and the king himself frequently vouchsafed to partake of his entertainments. As his way of life was splendid and opulent, his amusements and occupations were gay, and partook of the cavalier spirit, which, as he had only taken deacon’s orders, he did not think unbefitting his character. He employed himself at leisure hours in hunting, hawking, gaming, and horsemanship; he exposed his person in several military actions; he carried over, at his own charge, seven hundred knights to attend the king in his wars at Toulouse; in the subsequent wars on the frontiers of Normandy, he maintained, during forty days, twelve hundred knights, and four thousand of their train; and in an embassy to France, with which he was intrusted, he astonished that court by the number and magnificence of his retinue.

     [* John Baldwin held the manor of Oterarsfee in
     Aylesbury of the king in soccage, by the service of finding
     litter for the king’s bed, viz., in summer, grass or herbs,
     and two gray geese, and in winter, straw, and three eels,
     thrice in the year, if the king should come thrice in the
     year to Aylesbury. Madox, Bar. Anglica, p. 247.]

Henry, besides committing all his more important business to Becket’s management, honored him with his friendship and intimacy; and whenever he was disposed to relax himself by sports of any kind, he admitted his chancellor to the party. An instance of their familiarity is mentioned by Fitz-Stephens which, as it shows the manners of the age, it may not be improper to relate. One day, as the king and the chancellor were riding together in the streets of London, they observed a beggar, who was shivering with cold. “Would it not be very praiseworthy,” said the king, “to give that poor man a warm coat in this severe season?” “It would, surely,” replied the chancellor; “and you do well, sir, in thinking of such good actions.” “Then he shall have one presently,” cried the king; and seizing the skirt of the chancellor’s coat, which was scarlet, and lined with ermine, began to pull it violently. The chancellor defended himself for some time; and they had both of them like to have tumbled off their horses in the street, when Becket, after a vehement struggle, let go his coat; which the king bestowed on the beggar, who, being ignorant of the quality of the persons, was not a little surprised at the present.

Becket, who, by his complaisance and good humor, had rendered himself agreeable, and by his industry and abilities useful, to his master, appeared to him the fittest person for supplying the vacancy made by the death of Theobold. As he was well acquainted with the king’s intentions of retrenching, or rather confining within the ancient bounds, all ecclesiastical privileges, and always showed a ready disposition to comply with them, Henry, who never expected any resistance from that quarter, immediately issued orders for electing him archbishop of Canterbury. But this resolution, which was taken contrary to the opinion of Matilda, and many of the ministers, drew after it very unhappy consequences; and never prince of so great penetration appeared, in the issue, to have so little understood the genius and character of his minister.

No sooner was Becket installed in this high dignity, which rendered him for life the second person in the kingdom, with some pretensions of aspiring to be the first, than he totally altered his demeanor and conduct, and endeavored to acquire the character of sanctity, of which his former busy and ostentatious course of life might, in the eyes of the people, have naturally bereaved him. Without consulting the king, he immediately returned into his hands the commission of chancellor; pretending that he must thenceforth detach himself from secular affairs, and be solely employed in the exercise of his spiritual function; but in reality, that he might break off all connections with Henry, and apprise him that Becket, as primate of England, was now become entirely a new personage. He maintained, in his retinue and attendants alone, his ancient pomp and lustre, which was useful to strike the vulgar; in his own person he affected the greatest austerity and most rigid mortification, which he was sensible would have an equal or a greater tendency to the same end. He wore sackcloth next his skin, which, by his affected care to conceal it, was necessarily the more remarked by all the world: he changed it so seldom, that it was filled with dirt and vermin: his usual diet was bread; his drink water, which he even rendered further unpalatable by the mixture of unsavory herbs: he tore his back with the frequent discipline which he inflicted on it: he daily on his knees washed, in imitation of Christ, the feet of thirteen beggars, whom he afterwards dismissed with presents: he gained the affections of the monks by his frequent charities to the convents and hospitals: every one who made profession of sanctity, was admitted to his conversation, and returned full of panegyrics on the humility, as well as on the piety and mortification, of the holy primate: he seemed to be perpetually employed in reciting prayers and pious lectures, or in perusing religious discourses: his aspect wore the appearance of seriousness, and mental recollection, and secret devotion; and all men of penetration plainly saw that he was meditating some great design, and that the ambition and ostentation of his character had turned itself towards a new and a more dangerous object.

1163.

Becket waited not till Henry should commence those projects against the ecclesiastical power, which he knew had been formed by that prince: he was himself the aggressor, and endeavored to overawe the king by the intrepidity and boldness of his enterprises. He summoned the earl of Clare to surrender the barony of Tunbridge, which, ever since the conquest, had remained in the family of that nobleman, but which, as it had formerly belonged to the see of Canterbury, Becket pretended his predecessors were prohibited by the canons to alienate. The earl of Clare, besides the lustre which he derived from the greatness of his own birth and the extent of his possessions, was allied to all the principal families in the kingdom; his sister, who was a celebrated beauty, had further extended his credit among the nobility and was even supposed to have gained the king’s affections; and Becket could not better discover, than by attacking so powerful an interest, his resolution of maintaining with vigor the rights, real or pretended, of his see.

William de Eynsford, a military tenant of the crown, was patron of a living which belonged to a manor that held of the archbishop of Canterbury; but Becket, without regard to William’s right, presented, on a new and illegal pretext, one Laurence to that living, who was violently expelled by Eynsford. The primate, making himself, as was usual in spiritual courts, both judge and party, issued in a summary manner the sentence of excommunication against Eynsford, who complained to the king, that he, who held “in capite” of the crown, should, contrary to the practice established by the Conqueror, and maintained ever since by his successors, be subjected to that terrible sentence without the previous consent of the sovereign. Henry, who had now broken off all personal intercourse with Becket, sent him, by a messenger, his orders to absolve Eynsford; but received for answer, that it belonged not for the king to inform him whom he should absolve and whom excommunicate; and it was not till after many remonstrances and menaces that Becket, though with the worst grace imaginable, was induced to comply with the royal mandate.

Henry, though he found himself thus grievously mistaken in the character of the person whom he had promoted to the primacy, determined not to desist from his former intention of retrenching clerical usurpations. He was entirely master of his extensive dominions: the prudence and vigor of his administration, attended with perpetual success, had raised his character above that of any of his predecessors: the papacy seemed to be weakened by a schism which divided all Europe; and he rightly judged that, if the present favorable opportunity were neglected, the crown must, from the prevalent superstition of the people, be in danger of falling into entire subordination under the mitre.

The union of the civil and ecclesiastical power serves extremely, in every civilized government, to the maintenance of peace and order; and prevents those mutual encroachments which, as there can be no ultimate judge between them, are often attended with the most dangerous consequences Whether the supreme magistrate who unites these powers receives the appellation of prince or prelate, is not material. The superior weight which temporal interests commonly bear in the apprehensions of men above spiritual, renders the civil part of his character most prevalent; and in time prevents those gross impostures and bigoted persecutions which, in all false religions, are the chief foundation of clerical authority. But during the progress of ecclesiastical usurpations, the state, by the resistance of the civil magistrate, is naturally thrown into convulsions; and it behoves the prince, both for his own interest and for that of the public, to provide in time sufficient barriers against so dangerous and insidious a rival. This precaution had hitherto been much neglected in England, as well as in other Catholic countries; and affairs at last seemed to have come to a dangerous crisis: a sovereign of the greatest abilities was now on the throne: a prelate of the most inflexible and intrepid character was possessed of the primacy: the contending powers appeared to be armed with their full force and it was natural to expect some extraordinary event to result from their conflict.

Among their other inventions to obtain money, the clergy had inculcated the necessity of penance as an atonement for sin; and having again introduced the practice of paying them large sums as a commutation, or species of atonement for the remission of those penances, the sins of the people, by these means, had become a revenue to the priests; and the king computed, that by this invention alone they levied more money upon his subjects than flowed, by all the funds and taxes, into the royal exchequer. That he might ease the people of so heavy and arbitrary an imposition, Henry required that a civil officer of his appointment should be present in all ecclesiastical courts, and should, for the future, give his consent to every composition which was made with sinners for their spiritual offences.

The ecclesiastics in that age had renounced all immediate subordination to the magistrate: they openly pretended to an exemptior, in criminal accusations, from a trial before courts of justice; and were gradually introducing a like exemption in civil causes: spiritual penalties alone could be inflicted on their offences; and as the clergy had extremely multiplied in England, and many of them were consequently of very low characters, crimes of the deepest dye—murders, robberies, adulteries, rapes—were daily committed with impunity by the ecclesiastics. It had been found, for instance, on inquiry, that no less than a hundred murders had, since the king’s accession, been perpetrated by men of that profession, who had never been called to account for these offences; and holy orders were become a full protection for all enormities. A clerk in Worcestershire, having debauched a gentleman’s daughter, had, at this time, proceeded to murder the father; and the general indignation against this crime moved the king to attempt the remedy of an abuse which was become so palpable, and to require that the clerk should be delivered up, and receive condign punishment from the magistrate. Becket insisted on the privileges of the church; confined the criminal in the bishop’s prison, lest he should be seized by the king’s officers; maintained that no greater punishment could be inflicted on him than degradation; and when the king demanded that, immediately after he was degraded, he should be tried by the civil power, the primate asserted that it was iniquitous to try a man twice upon the same accusation, and for the same offence.

Henry, laying hold of so plausible a pretence, resolved to push the clergy with regard to all their privileges, which they had raised to an enormous height, and to determine at once those controversies which daily multiplied between the civil and the ecclesiastical jurisdictions. He summoned an assembly of all the prelates in England; and he put to them this concise and decisive question, whether or not they were willing to submit to the ancient laws and customs of the kingdom? The bishops unanimously replied, that they were willing, “saving their own order;” a device by which they thought to elude the present urgency of the king’s demand, yet reserve to themselves, on a favorable opportunity, the power of resuming all their pretensions. The king was sensible of the artifice, and was provoked to the highest indignation. He left the assembly with visible marks of his displeasure: he required the primate instantly to surrender the honors and castles of Eye and Berkham: the bishops were terrified, and expected still further effects of his resentment. Becket alone was inflexible; and nothing but the interposition of the pope’s legate and almoner, Philip, who dreaded a breach with so powerful a prince at so unseasonable a juncture, could have prevailed on him to retract the saving clause, and give a general and absolute promise of observing the ancient customs.

But Henry was not content with a declaration in these general terms; he resolved, ere it was too late, to define expressly those customs with which he required compliance, and to put a stop to clerical usurpations, before they were fully consolidated, and could plead antiquity, as they already did a sacred authority, in their favor. The claims of the church were open and visible. After a gradual and insensible progress during many centuries, the mask had at last been taken off, and several ecclesiastical councils, by their canons, which were pretended to be irrevocable and infallible, had positively defined those privileges and immunities which gave such general offence, and appeared so dangerous to the civil magistrate. Henry, therefore, deemed it necessary to define with the same precision the limits of the civil power; to oppose his legal customs to their divine ordinances; to determine the exact boundaries of the rival jurisdictions; and for this purpose he summoned a general council of the nobility and prelates at Clarendon, to whom he submitted this great and important question. [15th Jan. 1164.]

The barons were all gained to the king’s party, either by the reasons which he urged, or by his superior authority. The bishops were overawed by the general combination against them; and the following laws, commonly called the “Constitutions of Clarendon,” were voted without opposition by this assembly. It was enacted, that all suits concerning the advowson and presentation of churches should be determined in the civil courts: that the churches, belonging to the king’s fee, should not be granted in perpetuity without his consent; that clerks, accused of any crime, should be tried in the civil courts: that no person, particularly no clergyman of any rank, should depart the kingdom without the king’s license: that excommunicated persons should not be bound to give security for continuing in their present place of abode: that laics should not be accused in spiritual courts, except by legal and reputable promoters and witnesses: that no chief tenant of the crown should be excommunicated, nor his lands be put under an interdict, except with the king’s consent: that all appeals in spiritual causes should be carried from the archdeacon to the bishop, from the bishop to the primate, from him to the king; and should be carried no farther without the king’s consent: that if any lawsuit arose between a layman and a clergyman concerning a tenant, and it be disputed whether the land be a lay or an ecclesiastical fee, it should first be determined by the verdict of twelve lawful men to what class it belonged; and if it be found to be a lay fee, the cause should finally be determined in the civil courts: that no inhabitant in demesne should be excommunicated for non-appearance in a spiritual court, till the chief officer of the place where he resides be consulted, that he may compel him by the civil authority to give satisfaction to the church: that the archbishops, bishops, and other spiritual dignitaries, should be regarded as barons of the realm; should possess the privileges and be subjected to the burdens belonging to that rank; and should be bound to attend the king in his great councils, and assist at all trials, till the sentence, either of death or loss of members, be given against the criminal: that the revenue of vacant sees should belong to the king; the chapter, or such of them as he pleases to summon, should sit in the king’s chapel till they made the new election with his consent, and that the bishop elect should do homage to the crown: that if any baron or tenant “in capite” should refuse to submit to the spiritual courts, the king should employ his authority in obliging him to make such submissions; if any of them throw off his allegiance to the king, the prelates should assist the king with their censures in reducing him: that goods forfeited to the king should not be protected in churches or churchyards: that the clergy should no longer pretend to the right of enforcing payment of debts contracted by oath or promise; but should leave these lawsuits, equally with others, to the determination of the civil courts; and that the sons of villains should not be ordained clerks, without the consent of their lord.

These articles, to the number of sixteen, were calculated to prevent the chief abuses which had prevailed in ecclesiastical affairs, and to put an effectual stop to the usurpations of the church, which, gradually stealing on, had threatened the total destruction of the civil power. Henry, therefore, by reducing those ancient customs of the realm to writing, and by collecting them in a body, endeavored to prevent all future dispute with regard to them; and by passing so many ecclesiastical ordinances in a national and civil assembly, he fully established the superiority of the legislature above all papal decrees or spiritual canons, and gained a signal victory over the ecclesiastics. But as he knew that the bishops, though overawed by the present combination of the crown and the barons, would take the first favorable opportunity of denying the authority which had enacted these constitutions, he resolved that they should all set their seal to them, and give a promise to observe them. None of the prelates dared to oppose his will, except Becket, who, though urged by the earls of Cornwall and Leicester, the barons of principal authority in the kingdom, obstinately withheld his assent. At last, Richard de Hastings, grand prior of the templars in England, threw himself on his knees before him, and with many tears entreated him, if he paid any regard either to his own safety or that of the church, not to provoke, by a fruitless opposition, the indignation of a great monarch, who was resolutely bent on his purpose, and who was determined to take full revenge on every one that should dare to oppose him. Becket, finding himself deserted by all the world, even by his own brethren, was at last obliged to comply; and he promised, “legally, with good faith, and without fraud or reserve,” to observe the constitutions; and he took an oath to that purpose. The king, thinking that he had now finally prevailed in this great enterprise, sent the constitutions to Pope Alexander, who then resided in France; and he required that pontiff’s ratification of them; but Alexander, who, though he had owed the most important obligations to the king, plainly saw that these laws were calculated to establish the independency of England on the papacy, and of the royal power on the clergy, condemned them in the strongest terms; abrogated, annulled, and rejected them. There were only six articles, the least important, which, for the sake of peace, he was willing to ratify.

Becket, when he observed that he might hope for support in an opposition, expressed the deepest sorrow for his compliance; and endeavored to engage all the other bishops in a confederacy to adhere to their common rights, and to the ecclesiastical privileges, in which he represented the interest and honor of God to be so deeply concerned. He redoubled his austerities in order to punish himself for his criminal assent to the constitutions of Clarendon: he proportioned his discipline to the enormity of his supposed offence: and he refused to exercise any part of his archiepiscopal function, till he should receive absolution from the pope, which was readily granted him. Henry, informed of his present dispositions, resolved to take vengeance for this refractory behavior; and he attempted to crush him by means of that very power which Becket made such merit in supporting. He applied to the pope that he should grant the commission of legate in his dominions to the archbishop of York; but Alexander, as politic as he, though he granted the commission, annexed a clause, that it should not empower the legate to execute any act in prejudice of the archbishop of Canterbury: and the king, finding how fruitless such an authority would prove, sent back the commission by the same messenger that brought it.

The primate, however, who found himself still exposed to the king’s indignation, endeavored twice to escape secretly from the kingdom; but was as often detained by contrary winds: and Henry hastened to make him feel the effects of an obstinacy which he deemed so criminal. He instigated John, mareschal of the exchequer, to sue Becket in the archiepiscopal court for some lands, part of the manor of Pageham; and to appeal thence to the king’s court for justice. On the day appointed for trying the cause, the primate sent four knights to represent certain irregularities in John’s appeal; and at the same time to excuse himself, on account of sickness, for not appearing personally that day in the court. This slight offence (if it even deserve the name) was represented as a grievous contempt; the four knights were menaced, and with difficulty escaped being sent to prison, as offering falsehoods to the court;[*] 18 and Henry, being determined to prosecute Becket to the utmost, summoned at Northampton a great council, which he purposed to make the instrument of his vengeance against the inflexible prelate.

[* See note R, at the end of the volume.]

The king had raised Becket from a low station to the highest offices, had honored him with his countenance and friendship, had trusted to his assistance in forwarding his favorite project against the clergy; and when he found him become of a sudden his most rigid opponent, while every one beside complied with his will, rage at the disappointment, and indignation against such signal ingratitude, transported him beyond all bounds of moderation; and there seems to have entered more of passion than of justice, or even of policy, in this violent prosecution. The barons, notwithstanding, in the great council voted whatever sentence he was pleased to dictate to them; and the bishops themselves, who undoubtedly bore a secret favor to Becket, and regarded him as the champion of their privileges, concurred with the rest in the design of oppressing their primate. In vain did Becket urge that his court was proceeding with the utmost regularity and justice in trying the mareschal’s cause; which, however, he said, would appear, from the sheriff’s testimony, to be entirely unjust and iniquitous: that he himself had discovered no contempt of the king’s court; but, on the contrary, by sending four knights to excuse his absence, had virtually acknowledged its authority: that he also, in consequence of the king’s summons, personally appeared at present in the great council, ready to justify his cause against the mareschal, and to submit his conduct to their inquiry and jurisdiction: that even should it be found that he had been guilty of non-appearance, the laws had affixed a very slight penalty to that offence; and that as he was an inhabitant of Kent, where his archiepiscopal palace was seated, he was by law entitled to some greater indulgence than usual in the rate of his fine. Notwithstanding these pleas, he was condemned as guilty of a contempt of the king’s court, and as wanting in the fealty which he had sworn to his sovereign; all his goods and chattels were confiscated; and that this triumph over the church might be carried to the utmost, Henry, bishop of Winchester, the prelate who had been so powerful in the former reign, was in spite of his remonstrances, obliged, by order of the court, to pronounce the sentence against him. The primate submitted to the decree; and all the prelates, except Folliot, bishop of London, who paid court to the king by this singularity, became sureties for him. It is remarkable, that several Norman barons voted in this council; and we may conclude, with some probability, that a like practice had prevailed in many of the great councils summoned since the conquest. For the contemporary historian, who has given us a full account of these transactions, does not mention this circumstance as anywise singular; and Becket, in all his subsequent remonstrances with regard to the severe treatment which he had met with, never founds any objection on an irregularity, which to us appears very palpable and flagrant. So little precision was there at that time in the government and constitution!

The king was not content with this sentence, however violent and oppressive. Next day he demanded of Becket the sum of three hundred pounds, which the primate had levied upon the honors of Eye and Berkham, while in his possession. Becket, after premising that he was not obliged to answer to this suit, because it was not contained in his summons; after remarking that he had expended more than that sum in the repairs of those castles, and of the royal palace at London, expressed, however, his resolution, that money should not be any ground of quarrel between him and his sovereign; he agreed to pay the sum, and immediately gave sureties for it. In the subsequent meeting, the king demanded five hundred marks, which, he affirmed, he had lent Becket during the war at Toulouse; and another sum to the same amount, for which that prince had been surety for him to a Jew. Immediately after these two claims, he preferred a third, of still greater importance; he required him to give in the accounts of his administration while chancellor, and to pay the balance due from the revenues of all the prelacies, abbeys, and baronies, which had, during that time, been subjected to his management.[*] Becket observed that, as this demand was totally unexpected, he had not come prepared to answer it; but he required a delay, and promised in that case to give satisfaction. The king insisted upon sureties; and Becket desired leave to consult his suffragans in a case of such importance.[**]

It is apparent, from the known character of Henry, and from the usual vigilance of his government, that, when he promoted Becket to the see of Canterbury, he was, on good grounds, well pleased with his administration in the former high office with which he had intrusted him; and that, even if that prelate had dissipated money beyond the income of his place, the king was satisfied that his expenses were not blamable, and had in the main been calculated for his service.[***] Two years had since elapsed; no demand had during that time been made upon him; it was not till the quarrel arose concerning ecclesiastical privileges, that the claim was started, and the primate was, of a sudden, required to produce accounts of such intricacy and extent before a tribunal which had shown a determined resolution to ruin and oppress him. To find sureties that he should answer so boundless and uncertain a claim, which in the king’s estimation amounted to forty-four thousand marks,[****] was impracticable; and Becket’s suffragans were extremely at a loss what counsel to give him in such a critical emergency. By the advice of the bishop of Winchester he offered two thousand marks as a general satisfaction for all demands; but this offer was rejected by the king,[*****] Some prelates exhorted him to resign his see, on condition of receiving an acquittal; others were of opinion that he ought to submit himself entirely to the king’s mercy;[******] but the primate, thus pushed to the utmost, had too much courage to sink under oppression; he determined to brave all his enemies, to trust to the sacredness of his character for protection, to involve his cause with that of God and religion, and to stand the utmost efforts of royal indignation.

     [* Hoveden, p. 494. Diceto, p. 537.]

     [** Fitz-Steph. p. 38]

     [*** Hoveden, p. 495.]

     [**** Epist. St. Thorn, p. 315]

     [****** Fitz-Steph. p. 39. Gervase, p. 1390.]

After a few days spent in deliberation Becket went to church, and said mass, where he had previously ordered that the entroit to the communion service should begin with these words, “Princes sat and spake against me;” the passage appointed for the martyrdom of St. Stephen, whom the primate thereby tacitly pretended to resemble in his sufferings for the sake of righteousness. He went thence to court arrayed in his sacred vestments: as soon as he arrived within the palace gate, he took the cross into his own hands, bore it aloft as his protection, and marched in that posture into the royal apartments.[*] The king, who was in an inner room, was astonished at this parade, by which the primate seemed to menace him and his court with the sentence of excommunication; and he sent some of the prelates to remonstrate with him on account of such audacious behavior. These prelates complained to Becket, that, by subscribing himself to the constitutions of Clarendon, he had seduced them to imitate his example; and that now, when it was too late, he pretended to shake off all subordination to the civil power, and appeared desirous of involving them in the guilt which must attend any violation of those laws, established by their consent and ratified by their subscriptions.[**]

     [* Fitz-Steph. p. 40. Hist. Quad. p. 53 Hoveden,
     p. 404. Gul Neubr. p. 394. Epist. St. Thom. p. 43.]

     [** Fitz-Steph p. 35]

Becket replied, that he had indeed subscribed the constitutions of Clarendon, “legally, with good faith, and without fraud or reserve;” but in these words was virtually implied a salvo for the rights of their order, which, being connected with the cause of God and his church, could never be relinquished by their oaths and engagements: that if he and they had erred in resigning the ecclesiastical privileges, the best atonement they could now make was to retract their consent, which in such a case could never Be obligatory, and to follow the pope’s authority, who had solemnly annulled the constitutions of Clarendon, and had absolved them from all oaths which they had taken to observe them: that a determined resolution was evidently embraced to oppress the church; the storm had first broken upon him; for a slight offence, and which too was falsely imputed to him, he had been tyrannically condemned to a grievous penalty; a new and unheard-of claim was since started, in which he could expect no justice; and he plainly saw that he was the destined victim, who, by his ruin, must prepare the way for the abrogation of all spiritual immunities: that he strictly prohibited them who were his suffragans from assisting at any such trial, or giving their sanction to any sentence against him; he put himself and his see under the protection of the supreme pontiff; and appealed to him against any penalty which his iniquitous judges might think proper to inflict upon him; and that, however terrible the indignation of so great a monarch as Henry, his sword could only kill the body; while that of the church, intrusted into the hands of the primate, could kill the soul, and throw the disobedient into infinite and eternal perdition.[*]

Appeals to the pope, even in ecclesiastical causes, had been abolished by the constitutions of Clarendon, and were become criminal by law but an appeal in a civil cause, such as the king’s demand upon Becket, was a practice altogether new and unprecedented; it tended directly to the subversion of the government, and could receive no color of excuse, except from the determined resolution, which was but too apparent to Henry and the great council, to effectuate, without justice, but under color of law, the total ruin of the inflexible primate. The king, having now obtained a pretext so much more plausible for his violence, would probably have pushed the affair to the utmost extremity against him; but Becket gave him no leisure to conduct the prosecution. He refused so much as to hear the sentence which the barons, sitting apart from the bishops, and joined to some sheriffs and barons of the second rank,[**] had given upon the king’s claim; he departed from the palace; asked Henry’s immediate permission to leave Northampton; and upon meeting with a refusal, he withdrew secretly, wandered about in disguise for some time, and at last took shipping and arrived safely at Gravelines.

     [* Fitz-Steph. p. 42,44,45,46. Hist. Quad. p. 57.
     Hoveden, p. 495, M. Paris, p. 72. Epist. St. Thorn, p. 45,
     195.]

     [** Fitz-Steph. p. 46. This historian is supposed
     to mean the more considerable vassals of the chief barons:
     these had no title to sit in the great council, and the
     giving them a place there was a palpable irregularity;
     which, however, is not insisted on in any of Becket’s
     remonstrances: a further proof how little fixed the
     constitution was at that time.]

The violent and unjust prosecution of Becket had a natural tendency to turn the public favor on his side, and to make men overlook his former ingratitude towards the king and his departure from all oaths and engagements, as well as the enormity of those ecclesiastical privileges, of which he affected to be the champion. There were many other reasons which procured him countenance and protection in foreign countries. Philip, earl of Flanders,[*] and Lewis, king of France,[**] jealous of the rising greatness of Henry, were well pleased to give him disturbance in his government; and forgetting that this was the common cause of princes, they affected to pity extremely the condition of the exiled primate; and the latter even honored him with a visit at Soissons, in which city he had invited him to fix his residence.[***]

     [* Epist. St Thom. p. 35.]

     [** Epist. St. Thom. p. 36, 37.]

     [*** Hist. Quad. p. 76.]

The pope, whose interests were more immediately concerned in supporting him, gave a cold reception to a magnificent embassy which Henry sent to accuse him; while Becket himself, who had come to Sens in order to justify his cause before the sovereign pontiff was received with the greatest marks of distinction. The king in revenge, sequestered the revenues of Canterbury; and by conduct which might be esteemed arbitrary, had there been at that time any regular check on royal authority, he banished all the primate’s relations and domestics, to the number of four hundred, whom he obliged to swear, before their departure, that they would instantly join their patron. But this policy, by which Henry endeavored to reduce Becket sooner to necessity, lost its effect; the pope, when they arrived beyond sea, absolved them from their oath, and distributed them among the convents in Franc? and Flanders; a residence was assigned to Becket himself, in the convent of Pontigny, where he lived for some years in great magnificence, partly from a pension granted him on the revenues of that abbey, partly from remittances made him by the French monarch.

1165.

The more to ingratiate himself with the pope, Becket resigned into his hands the see of Canterbury, to which, he affirmed, he had been uncanonically elected, by the authority of the royal mandate; and Alexander, in his turn, besides investing him anew with that dignity, pretended to abrogate by a bull, the sentence which the great council of England had passed against him. Henry, after attempting in vain to procure a conference with the pope, who departed soon after for Rome, whither the prosperous state of his affairs now invited him, made provisions against the consequences of that breach which impended between his kingdom and the apostolic see. He issued orders to his justiciaries, inhibiting, under severe penalties, all appeals to the pope or archbishop, forbidding any one to receive any mandates from them, or apply in any case to their authority; declaring it treasonable to bring from either of them an interdict upon the kingdom, and punishable in secular clergymen, by the loss of their eyes and by castration, in regulars by amputation of their feet, and in laies with death; and menacing with sequestration and banishment the persons themselves, as well as their kindred, who should pay obedience to any such interdict; and he further obliged all his subjects to swear to the observance of those orders.[*] These were edicts of the utmost importance, affected the lives and properties of all the subjects, and even changed, for the time, the national religion, by breaking off all communication with Rome; yet were they enacted by the sole authority of the king, and were derived entirely from his will and pleasure.

The spiritual powers, which, in the primitive church, were, in a great measure, dependent on the civil, had, by a gradual progress, reached an equality and independence; and though the limits of the two jurisdictions were difficult to ascertain or define, it was not impossible but, by moderation on both sides, government might still have been conducted in that imperfect and irregular manner which attends all human institutions But as the ignorance of the age encouraged the ecclesiastics daily to extend their privileges, and even to advance maxims totally incompatible with civil government,[**] Henry had thought it high time to put an end to their pretensions, and formally, in a public council, to fix those powers which belonged to the magistrate, and which he was for the future determined to maintain. In this attempt he was led to reestablish customs which, though ancient, were beginning to be abolished by a contrary practice, and which were still more strongly opposed by the prevailing opinions and sentiments of the age.