The Conquering Family (13 page)

His table was open to visitors, and the service was still on gold and silver as the dignity of the primacy demanded. The sybaritic instinct, which had once governed his way of living, continued to manifest itself in the food he served his guests. The roast capons were well peppered and seasoned with cummin; the fish was cooked in wine and water and covered with sauces made of sage, parsley, dittany, wild thyme, and garlic. But the gaunt man at the head of the table never partook of such dishes.
Mixtum
was now his daily food. His conversation was no longer witty; it turned on matters of the soul. He talked with a power and sincerity which convinced all who heard him.

He fell into the habit of visiting the cloisters and conversing with the Canterbury monks. Invariably he reached the thought which filled his mind, the power and the glory of the Church. His face would take on a rapt look as he spoke of it as the manifestation of God’s rule on earth which could not be second to the sway of a king or subject to his laws. Later the monks were not surprised at the turn events took. They had read his purpose in his words and had seen in his eyes the willingness to die for what he believed. He still had the power to draw men to him and he was well loved at Canterbury.

Soon the militant archbishop bared his purpose to the world. He made a list of properties which had once belonged to the episcopal see but had been diverted to lay ownership, mostly at the time of the Conquest. The return of these lands was demanded. All the indignation that men can feel over a loss of property was in the protests of the owners, but Thomas à Becket tried the cases in his own courts and gave judgment for the return of the lands. He excommunicated Sir William Eynesford of Kent when the latter ejected a priest sent by the archbishop to a benefice controlled by the knight. The excommunication of a man was like the launching of a thunderbolt from heaven, and it seemed to everyone that the punishment in this case was much too severe for the offense; if indeed, cried the barons, it could be judged an offense at all. The news of this episode reached Henry’s court at Rouen and caused a sensation there.

Henry, amazed, shocked, enraged, came back to England to discover the reason for the sudden madness of his one-time friend. Becket met him at the boat and was coldly received. Henry refused to look at him after a glance, and the words they exchanged were few. The King was aware that he need not demand an explanation of the strange conduct of the archbishop. The reason had been apparent at once in the proudly stiff carriage and the stern eye of the former chancellor. It was to be war between them.

The King struck first. He raised the point of plural appointments and insisted that the archbishop give up everything else, including the archdeaconry
of Canterbury, which was a rich plum. He was on sound ground here, and Thomas had the good sense to accept his deprivations. Then the King appointed a Norman monk named Clerambault as abbot of St. Augustine’s Monastery near Canterbury. He made the selection without a doubt because he knew it would be obnoxious to the archbishop. Clerambault was an odious scoundrel who began a campaign of annoyance by refusing to perform the act of canonical obedience by placing his hands in those of the archbishop, excusing himself on the ground that St. Augustine’s had been independent of Canterbury before the Conquest. The case was laid before Pope Alexander, who found in favor of Clerambault. Becket, bitterly enraged, had to accept the papal rebuff. This same Clerambault will be heard of later in connection with the tragic ending of the struggle between Church and State. In 1173 also some visitors from the Vatican were at St. Augustine’s and reported the abbot to be corrupt and tyrannical and the father, moreover, of twelve illegitimate children in the surrounding countryside.

Henry had not initiated the quarrel with his archbishop, but he seemed determined to fight it to a finish. He found an opportunity immediately to his hand. The Church had a vulnerable point, its refusal to allow anyone in holy or clerkly orders to be tried in state courts. The Church had its own courts, and there its servants appeared when they offended. The canonical courts were notoriously lenient. Murderers escaped with fines, thieves could count on light sentences. Only if the Church unfrocked one of its children for a misdemeanor could the King’s law step in; and never under any circumstances now did the Church allow that to happen. There was a young man named Philip de Brois, of Norman descent and of reasonably high rank, who held a canonry. He killed a man whose daughter he had debauched. It was a glaring case, and the sheriff of the county moved to take Master Philip de Brois into custody for trial. Becket whisked the man out of the clutches of the common law and lodged him in safe clerical custody. The sheriff went to the King and demanded that something be done. Henry summoned the archbishop, who declared bluntly that the culprit had made settlement with the relatives of the murdered man, who were now satisfied, and that the case would be heard in the church courts in due course. Henry, striving to be moderate, proposed that the murderer be tried by a jury composed in equal parts of churchmen and lay members. Thomas gave a reluctant consent. He need not have felt concern. The jury, swayed by the superior learning of the clerical half, brought in a verdict that the revenue from his benefices should be denied the prisoner for two years and that he should stand naked before the sheriff to be flogged at the latter’s discretion!

The verdict sent Henry into one of his rare rages. He foamed at the mouth, he rolled on the floor, he shouted and tore his hair. When he
recovered his composure, he said to those around him in an ominously quiet tone, “Henceforth all is over between this man and me.”

The conduct of Becket had been creating mixed feelings throughout the country. The nobility were against him because they saw that the flouting of royal power, even in favor of divine authority, went against feudal and hereditary privilege also. The bishops at first held aloof. Roger of Pont l’Evêque, who was now Archbishop of York, had been one of Theobald’s promising young men at the same time as Becket and had never lost his feeling of jealousy over the rapid rise of his rival. Gilbert Foliot, Bishop of London, had been the choice of the chapter for the primacy before the King enforced his will, and he still smarted under the disappointment. These two dissenters, however, could not stand out against the rest of the bishops who had been caught up in the excitement and were resolved to stand by Becket’s side. There was never any doubt about the rank and file of the clergy. Humble priests gave rapturous ear to their chief’s talk of the power of the Church which elevated them above the servants of kings. The common people were for Becket. There will always be sympathy for anyone who stands out against authority, and in this case the mind of the populace had been dazzled and fascinated by the tales told of this strange man. Whenever he appeared in public, people ran at Becket’s stirrups and fought to touch the skirt of his rusty habit.

Henry now realized that he could temporize no longer. The issue must be resolved. He summoned the bishops to a council at Westminster. They met him there on the first day of October, Becket cool and unperturbed, the others openly apprehensive. The King stalked in and, without any beating around verbal bushes, demanded brusquely that in future, for the safety of the realm, the common law should be upheld, and that when clerks and priests broke the law they should pay the full penalty, even when it sent them into the hands of the executioner.

The archbishop took a firm stand also. With a bluntness equal to the King’s, he stated that the courts as well as the customs of the Church were above criticism and interference. He went on to picture the consequences if the barriers were let down which hedged the clergy in like the priestly tribe of the Levites. His final word was that churchmen in England would obey the King in all things
“saving our order.”

Henry, red of face and puffing with anger, called on each bishop in turn for his answer. All but one gave the same response, even Roger of York and Foliot of London. They would obey the King
saving our order
. This made it clear that they had reached a concerted stand in advance. The indignation of the King mounted to such a height that the bishops left the room in a panic and set out for their respective bishoprics as fast as palfrey and mule could carry them. Characteristically enough, the King reserved the most explosive of his verbal blasts for the one weak
member who had lost his courage at the last moment and had not dared parrot the response
saving our order
.

It is not easy to defend Becket’s refusal to clean house by seeing that priests guilty of crimes were properly punished. One point in his favor, however, has been rather generally overlooked. The function of the church courts did not stop with control of their own internal affairs. They shared with the secular branch the judicial control of the whole nation. They handled exclusively all questions of inheritance, wills, and marriage, and this constituted, apart from criminal matters, the most important arm of jurisprudence. In addition they decided all points which had to do with oaths, promises, verbal disputes. The church courts, in fact, took in more money in fees and penalties than the total revenues of the Crown. Inasmuch as learning was confined so exclusively to the clerkly orders, there was no dissatisfaction over this division, not even in the mind of the King. Becket argued that the machinery of church courts could not be disrupted as occasion demanded to pluck offenders out of the hands of the duly authorized church officers.

What was needed clearly was a thorough overhauling of the problems of divided authority. Henry saw this and proceeded at once to find a solution. Early in the following year, 1164, a conference was held at Clarendon to get these matters straightened out, attended by the peers of the realm as well as the bishops. The result was the Constitutions of Clarendon, containing sixteen articles. The most important changes made were as follows: that during the vacancy of any archbishopric, abbey, or priory of royal foundation, the revenues were to revert to the Crown; that the King’s justices were to decide which court a criminal case was to be sent to and that, when it went to the clerical half, an officer of the Crown was to attend, and further, that a clerk or priest judged guilty of a felony was
no longer to enjoy the immunity of the clerkly orders
; that no tenant or officer of the King was to be excommunicated without application first to the King; that high churchmen were forbidden to leave the country without royal assent; that appeals on all points should end with the King and not be sent to Rome.

These terms spelt complete defeat for Thomas à Becket. Although he had received secret instructions from Pope Alexander, who disliked him and did not want to give him support, that he must be compliant and obey the laws of the land, the primate could not stomach this sweeping aside of everything for which he had fought. Now, however, he stood alone. The bishops had repented of their boldness at Westminster. No other course being open to him, he allowed himself to be forced into a verbal promise of acceptance. Knowing the conflicting interpretations which can later be given to a verbal statement, Henry placed the document in front of the primate and demanded that he sign it there and then. This was too much.

“Never!” cried Thomas à Becket, throwing aside the pen which had been forced into his hand. “I will never do this as long as breath is in my body!”

A last effort was made to commit him to the Constitutions. A copy of the document was torn in half, one to be kept in the royal archives, one for the archbishop himself. “I take this,” he declared, “but without giving my consent or my approval.” He thereupon withdrew from the conference and shut himself up in Winchester. As punishment for his weakness in making a verbal submission, he suspended himself from his office until absolution of his sin might be received from the Pope. But Alexander, who was making his headquarters at Sens in France, was not willing to support his own servant in such an open breach with the Crown. He sent legatine powers to Henry instead! To Becket he wrote in a reproving vein, absolving him from sin and advising that he resume his duties at once.

Henry had won a complete victory. The Constitutions were put into effect at once, and the immunity of priestly lawbreakers was at an end. Assuming the new regulations to be retroactive, the officers of the Crown ferreted old offenders out of their clerical prisons and hiding places and brought them to trial before state courts. Those who had been guilty of crimes of violence were mutilated or hanged.

Thomas à Becket, betrayed by his own spiritual superior as he believed, had not given in. He would not do so until the Pope issued the customary bull confirming the Constitutions. And this was a step Alexander seemed singularly reluctant to take.

The bull was not forthcoming. Henry sent messenger after messenger to Sens to urge that it be issued. The Pope paid no attention.

Eight months passed, and in September Thomas à Becket was summoned to stand trial at Northampton Castle for contempt in having failed to appear in a case which had been withdrawn from his own court to that of the King. When he arrived at the castle he found there were no lodgings for himself and his train. They stayed that night in any unoccupied corners they could find, this being no hardship for the primate, who always slept on the floor. The next morning, emerging from mass, he encountered Henry, but there were no greetings between them. The King paused, frowned ominously, and walked on. It was then intimated to the primate that he must find quarters elsewhere, and he moved with his train to the monastery of St. Andrew on the edge of the town.

The records of the trial provide some interesting lights on legal procedure of the day. The castle of Northampton was one of the few in the kingdom large enough to accommodate the whole court or to house a meeting of Parliament. There were spacious chambers on each side of the Great Hall. In the room on the right the King assembled the members of
the
Curia Regis
, a few important members of the baronage, and the bishops. This body proceeded to try the case without summoning the primate to appear before them. In the meantime the less important barons, the knights, and the officers from the counties were waiting in a chamber across the hall, to be summoned if the need arose. The defendant, as carefully avoided by everyone as though he had on his body the brown blotches of leprosy, stayed at the monastery, seldom stirring out from his small dark cell.