Election of Becket to Archbishopric. 1161.
Becket upholds encroachments of the Church.
Henry produces Constitutions of Clarendon. 1164.
In 1161, Theobald the Archbishop died, and it seemed to Henry that the opportunity had arrived for carrying out his reforming plans. Without difficulty he secured the election of his Chancellor, believing that he would serve him still in that capacity. But such were not the views of Becket. He found himself in a position where he might not only serve but rival the King, and he at once became the ambitious and fanatical ecclesiastic. His manner of life was wholly changed, fasts and penances took the place of his former gaiety; the ostentation which he still exhibited was for others and not for himself; he scarcely touched food while his guests were feasting; and poor saints and beggars took the place of the courtiers who had formerly thronged his hall. He did not wait to be attacked, but himself began the quarrel with the King. He at once insisted on resigning his temporal offices. He then demanded homage from some barons whom he declared to be liegemen of the See of Canterbury and not of the King. He refused in bold outspoken words to pay the usual tax for the sheriff at a court at Woodstock. But these were only slight beginnings. A meeting of the clergy was held at Westminster, and the great subject of ecclesiastical jurisdictions was raised. A very bad instance had just excited the King’s attention. A clerk of the name of Philip Brois had committed a murder and received no punishment. At the assizes of Dunstable, Simon Fitz-Peter, the King’s Justice, had found him guilty of the murder, but Becket insisted on his being withdrawn from the secular jurisdiction, and sentenced him to two years’ loss of his benefice. To Henry this seemed at once an insult to his authority and a mere fostering of crime. He determined upon action, and demanded of the bishops whether they would accept the ancient customs of the country. Many of the clergy Henry knew he could rely upon, such for instance as Becket’s old enemy Roger of York, and Gilbert Foliot, Bishop of London. He did not expect to meet much opposition anywhere. With much persuasion Becket certainly accepted the customs. Henry, determined that there should be no question on this matter, caused these customs to be drawn up in the form of Constitutions, and presented to a great council held at Clarendon. There Becket distinctly broke his word and retracted.
Becket refuses them.
Bishops and laymen, knowing the King’s character, besought Becket not to risk the fortunes of the Church by further opposition. For a moment he seemed to yield, but the next day, when his final answer was to be given, he again refused to sign them. He stated his objections fully. His arguments were based principally on the Canon law of Gratian[24] and the False Decretals. The Body of Customs, as presented to him, consisted of sixteen clauses. By these, which did not pretend to be new legislation, but a recapitulation of the old practices of the country, the line was sharply drawn between criminal and ecclesiastical cases; the criminal clerk being amenable to the civil jurisdiction: questions with regard to land claimed by the clergy were to be referred to a jury: as also cases of crime where there was no accuser: the King was made the ultimate hearer of appeals, except by his own special leave: bishops were restrained from leaving the country without leave, or from excommunicating the King’s men: elections to bishoprics were to be held in the King’s chapel, in the presence and with the consent of those whom he should summon: and the newly-elected officer was to swear fealty to the King.[25] Other minor matters with regard to the position of the Church were also settled, but it is these chiefly which were to secure the supremacy of the crown. Becket is said to have particularly objected to any subordination of clerks to secular jurisdiction; to have held that one punishment for one offence was enough, and that the Church should look to; and to have regarded with displeasure any restrictions laid upon the right of clerical jurisdiction or excommunication.[26] Ultimately, however, he was certainly induced to accept and to seal them. On retiring from the council he at once began to show signs of repentance, and got absolution for what he had done from the Pope.
Lukewarmness of Alexander III.
The quarrel takes a legal turn.
Comes before the council.