Europe in the Middle Ages

by Ierne L. Plunket

This interference he found was resented not only by the feudal courts but also by the Sheriffs of the County Courts, the Norman form of the old ‘shire-moots’, a popular institution of Anglo-Saxon times. Of late years the latter courts had more and more fallen under the domination of neighbouring landowners, and in order to free them Henry held an ‘Inquest’ into the doings of the Sheriffs, and deposed many of the great nobles who had usurped these offices, replacing them by men of lesser rank who would look to him for favour and advice.

Other sovereigns in Europe adopted somewhat similar means of exalting royal authority; but England was fortunate in possessing such popular institutions as the ‘moots’ or ‘meetings’ of the shire and ‘hundred’, through which Henry could establish his justice, instead of merely through crown officials who would have no personal interest in local conditions.

By the Assize of Clarendon it was decreed that twelve men from each hundred and four from each township should decide in criminal cases who amongst the accused were sufficiently implicated to be justly sentenced by the royal judges. Local representatives also were employed on other occasions during Henry’s reign in assisting his judges in assessing taxes and in deciding how many weapons and of what sort the ordinary freeman might fittingly carry to the safety of his neighbours and of himself. In civil cases, as when the ownership of land or personal property was in dispute, twelve ‘lawful men’ of the neighbourhood, or in certain cases twelve Knights of the Shire, were to be elected to help the Sheriff arrive at a just decision. In this system of ‘recognition’, as it was called, lay the germ of our modern jury.

It is probable that the knights and representatives of the hundreds and townships grumbled continually at the trouble and expense to which the King’s legislation put them; for neither they nor Henry II himself would realize that they were receiving a splendid education in the A B C of self-government that must be the foundation of any true democracy. Yet a few generations later, when Henry’s weak grandson and namesake Henry III misruled England, the Knights of the Shire were already accepted as men of public experience, and their representatives summoned to a parliament to defend the liberties of England.

Henry II used popular institutions and crown officials as levers against the independence of his baronage, but the chief struggle of his reign in England was not with the barons so much as with the Church. Thomas Becket as Chancellor had been Henry’s right hand in attacking feudal privileges: he had warned his master that as a leading Churchman his love might turn to hate, his help to opposition. The King refused to believe him, thrust the burden of the archbishopric of Canterbury on his unwilling shoulders, and then found to his surprise and rage that he had secured the election of a very Hildebrand, who held so high a conception of the dignity of the Church that it clashed with royal demands at every turn.

The Becket Controversy

One of the chief subjects of dispute was the claim of the Church to reserve for her jurisdiction all cases that affected ‘clerks’, that is, not only priests, but men employed in the service of the Church, such as acolytes or choristers. The King insisted that clerks convicted in ecclesiastical courts of serious crimes should be handed over to the royal courts for secular punishment. His argument was that if a clerk had committed a murder the ecclesiastical judge was not allowed by Canon law to deliver a death-sentence, and so could do no more than ‘unfrock’ the guilty man and fine or imprison him. Thus a clerk could live to commit two murders where a layman would by command of the royal judges be hung at the first offence.

Becket, on his side, would not swerve from his opinion that it was sacrilege for royal officials to lay hands on a priest or clerk whether ‘criminous’ or not; and when Henry embodied his suggestions of royal supremacy in a decree called the Constitutions of Clarendon, the Archbishop publicly refused to sign his agreement to them. Threats and insults were heaped upon him by angry courtiers, and one of his attendants, terrified by the scene, exclaimed, ‘Oh, my master, this is a fearful day!’ ‘The Day of Judgement will be yet more fearful,’ answered the undaunted Becket, and in the face of his fearlessness no one at the moment dared to lay hands on him.

Shortly afterwards Becket fled abroad, hoping to win the support of Rome, but the Pope to whom he appealed did not wish to quarrel with the King of England, and used his influence to patch up an agreement that was far too vague to have any binding strength. Thomas Becket returned to Canterbury, but exile had not modified his opinions, and he had hardly landed before he once more appeared in open opposition to Henry’s wishes, excommunicating those bishops who had dared to act during his absence without his leave.

The rest of the story is well known—the ungovernable rage of the Angevin king at an obstinacy as great as his own, his rash cry, ‘Is my house so full of fools and dastards that none will avenge me on this upstart clerk?’ and then his remorse on learning of the four knights who had taken him at his word and murdered the Archbishop as he knelt, still undaunted, on the altar steps of Canterbury Cathedral.