Legal Reforms

The report presented by bishops and barons formed the Constitutions of Clarendon, a code which in the bulk of its provisions simply re-enacted the system of the Conqueror. Every election of bishop or abbot was to take place before royal officers, in the king's chapel, and with the king's assent. The prelate-elect was bound to do homage to the king for his lands before consecration, and to hold his lands as a barony from the king, subject to all feudal burthens of taxation and attendance in the King's Court. No bishop might leave the realm without the royal permission. No tenant in chief or royal servant might be excommunicated, or their land placed under interdict, but by the king's assent. What was new was the legislation respecting ecclesiastical jurisdiction. The King's Court was to decide whether a suit between clerk and layman, whose nature was disputed, belonged to the Church courts or the King's. A royal officer was to be present at all ecclesiastical proceedings in order to confine the Bishop's court within its own due limits, and a clerk convicted there passed at once under the civil jurisdiction. An appeal was left from the Archbishop's court to the King's Court for defect of justice, but none might appeal to the Papal court save with the king's leave. The privilege of sanctuary in churches and churchyards was repealed, so far as property and not persons was concerned. After a passionate refusal the Primate was at last brought to give his assent to these Constitutions, but the assent was soon retracted, and Henry's savage resentment threw the moral advantage of the position into his opponent's hands. Vexatious charges were brought against Thomas, and he was summoned to answer at a Council held in the autumn at Northampton. All urged him to submit; his very life was said to be in peril from the king's wrath. But in the presence of danger the courage of the man rose to its full height. Grasping his archiepiscopal cross he entered the royal court, forbade the nobles to condemn him, and appealed in the teeth of the Constitutions to the Papal See. Shouts of "Traitor!" followed him as he withdrew. The Primate turned fiercely at the word: "Were I a knight," he shouted back, "my sword should answer that foul taunt!" Once alone however, dread pressed more heavily; he fled in disguise at nightfall and reached France through Flanders.

Great as were the dangers it was to bring with it, the flight of Thomas left Henry free to carry on the reforms he had planned. In spite of denunciations from Primate and Pope, the Constitutions regulated from this time the relations of the Church with the State. Henry now turned to the actual organization of the realm. His reign, it has been truly said, "initiated the rule of law" as distinct from the despotism, whether personal or tempered by routine, of the Norman sovereigns. It was by successive "assizes" or codes issued with the sanction of the great councils of barons and prelates which he summoned year by year, that he perfected in a system of gradual reforms the administrative measures which Henry the First had begun. The fabric of our judicial legislation commences in 1166 with the Assize of Clarendon, the first object of which was to provide for the order of the realm by reviving the old English system of mutual security or frankpledge. No stranger might abide in any place save a borough and only there for a single night unless sureties were given for his good behaviour; and the list of such strangers was to be submitted to the itinerant justices. In the provisions of this assize for the repression of crime we find the origin of trial by jury, so often attributed to earlier times. Twelve lawful men of each hundred, with four from each township, were sworn to present those who were known or reputed as criminals within their district for trial by ordeal. The jurors were thus not merely witnesses, but sworn to act as judges also in determining the value of the charge, and it is this double character of Henry's jurors that has descended to our "grand jury," who still remain charged with the duty of presenting criminals for trial after examination of the witnesses against them. Two later steps brought the jury to its modern condition. Under Edward the First witnesses acquainted with the particular fact in question were added in each case to the general jury, and by the separation of these two classes of jurors at a later time the last became simply "witnesses" without any judicial power, while the first ceased to be witnesses at all and became our modern jurors, who are only judges of the testimony given. With this assize too a practice which had prevailed from the earliest English times, the practice of "compurgation," passed away. Under this system the accused could be acquitted of the charge by the voluntary oath of his neighbours and kinsmen; but this was abolished by the Assize of Clarendon, and for the fifty years which followed it his trial, after the investigation of the grand jury, was found solely in the ordeal or "judgement of God," where innocence was proved by the power of holding hot iron in the hand or by sinking when flung into the water, for swimming was a proof of guilt. It was the abolition of the whole system of ordeal by the Council of Lateran in 1216 which led the way to the establishment of what is called a "petty jury" for the final trial of prisoners.

Murder of Thomas

But Henry's work of reorganization had hardly begun when it was broken by the pressure of the strife with the Primate. For six years the contest raged bitterly; at Rome, at Paris, the agents of the two powers intrigued against each other. Henry stooped to acts of the meanest persecution in driving the Primate's kinsmen from England, and in confiscating the lands of their order till the monks of Pontigny should refuse Thomas a home; while Beket himself exhausted the patience of his friends by his violence and excommunications, as well as by the stubbornness with which he clung to the offensive clause "Saving the honour of my order," the addition of which to his consent would have practically neutralised the king's reforms. The Pope counselled mildness, the French king for a time withdrew his support, his own clerks gave way at last. "Come up," said one of them bitterly when his horse stumbled on the road, "saving the honour of the Church and my order." But neither warning nor desertion moved the resolution of the Primate. Henry, in dread of Papal excommunication, resolved in 1170 on the coronation of his son: and this office, which belonged to the see of Canterbury, he transferred to the Archbishop of York. But the Pope's hands were now freed by his successes in Italy, and the threat of an interdict forced the king to a show of submission. The Archbishop was allowed to return after a reconciliation with the king at Fréteval, and the Kentishmen flocked around him with uproarious welcome as he entered Canterbury. "This is England," said his clerks, as they saw the white headlands of the coast. "You will wish yourself elsewhere before fifty days are gone," said Thomas sadly, and his foreboding showed his appreciation of Henry's character. He was now in the royal power, and orders had already been issued in the younger Henry's name for his arrest when four knights from the King's Court, spurred to outrage by a passionate outburst of their master's wrath, crossed the sea, and on the 29th of December forced their way into the Archbishop's palace. After a stormy parley with him in his chamber they withdrew to arm. Thomas was hurried by his clerks into the cathedral, but as he reached the steps leading from the transept to the choir his pursuers burst in from the cloisters. "Where," cried Reginald Fitzurse in the dusk of the dimly-lighted minster, "where is the traitor, Thomas Beket?" The Primate turned resolutely back: "Here am I, no traitor, but a priest of God," he replied, and again descending the steps he placed himself with his back against a pillar and fronted his foes. All the bravery and violence of his old knightly life seemed to revive in Thomas as he tossed back the threats and demands of his assailants. "You are our prisoner," shouted Fitzurse, and the four knights seized him to drag him from the church. "Do not touch me, Reginald," cried the Primate, "pander that you are, you owe me fealty"; and availing himself of his personal strength he shook him roughly off. "Strike, strike," retorted Fitzurse, and blow after blow struck Thomas to the ground. A retainer of Ranulf de Broc with the point of his sword scattered the Primate's brains on the ground. "Let us be off," he cried triumphantly, "this traitor will never rise again."

The Church and Literature

The brutal murder was received with a thrill of horror throughout Christendom; miracles were wrought at the martyr's tomb; he was canonized, and became the most popular of English saints. The stately "martyrdom" which rose over his relics at Canterbury seemed to embody the triumph which his blood had won. But the contest had in fact revealed a new current of educated opinion which was to be more fatal to the Church than the reforms of the king. Throughout it Henry had been aided by a silent revolution which now began to part the purely literary class from the purely clerical. During the earlier ages of our history we have seen literature springing up in ecclesiastical schools, and protecting itself against the ignorance and violence of the time under ecclesiastical privileges. Almost all our writers from Bæda to the days of the Angevins are clergy or monks. The revival of letters which followed the Conquest was a purely ecclesiastical revival; the intellectual impulse which Bee had given to Normandy travelled across the Channel with the new Norman abbots who were established in the greater English monasteries; and writing-rooms or scriptoria, where the chief works of Latin literature, patristic or classical, were copied and illuminated, the lives of saints compiled, and entries noted in the monastic chronicle, formed from this time a part of every religious house of any importance. But the literature which found this religious shelter was not so much ecclesiastical as secular. Even the philosophical and devotional impulse given by Anselm produced no English work of theology or metaphysics. The literary revival which followed the Conquest took mainly the old historical form. At Durham Turgot and Simeon threw into Latin shape the national annals to the time of Henry the First with an especial regard to northern affairs, while the earlier events of Stephen's reign were noted down by two Priors of Hexham in the wild border-land between England and the Scots.

These however were the colourless jottings of mere annalists; it was in the Scriptorium of Canterbury, in Osbern's lives of the English saints or in Eadmer's record of the struggle of Anselm against the Red King and his successor, that we see the first indications of a distinctively English feeling telling on the new literature. The national impulse is yet more conspicuous in the two historians that followed. The war-songs of the English conquerors of Britain were preserved by Henry, an Archdeacon of Huntingdon, who wove them into annals compiled from Bæda, and the Chronicle; while William, the librarian of Malmesbury, as industriously collected the lighter ballads which embodied the popular traditions of the English kings. It is in William above all others that we see the new tendency of English literature. In himself, as in his work, he marks the fusion of the conquerors and the conquered, for he was of both English and Norman parentage and his sympathies were as divided as his blood. The form and style of his writings show the influence of those classical studies which were now reviving throughout Christendom. Monk as he is, William discards the older ecclesiastical models and the annalistic form. Events are grouped together with no strict reference to time, while the lively narrative flows rapidly and loosely along with constant breaks of digression over the general history of Europe and the Church. It is in this change of historic spirit that William takes his place as first of the more statesmanlike and philosophic school of historians who began to arise in direct connexion with the Court, and among whom the author of the chronicle which commonly bears the name of "Benedict of Peterborough" with his continuator Roger of Howden are the most conspicuous. Both held judicial offices under Henry the Second, and it is to their position at Court that they owe the fulness and accuracy of their information as to affairs at home and abroad, as well as their copious supply of official documents. What is noteworthy in these writers is the purely political temper with which they regard the conflict of Church and State in their time. But the English court had now become the centre of a distinctly secular literature. The treatise of Ranulf de Glanvill, a justiciar of Henry the Second, is the earliest work on English law, as that of the royal treasurer, Richard Fitz-Neal, on the Exchequer is the earliest on English government.

Gerald of Wales

Still more distinctly secular than these, though the work of a priest who claimed to be a bishop, are the writings of Gerald de Barri. Gerald is the father of our popular literature as he is the originator of the political and ecclesiastical pamphlet. Welsh blood (as his usual name of Giraldus Cambrensis implies) mixed with Norman in his veins, and something of the restless Celtic fire runs alike through his writings and his life. A busy scholar at Paris, a reforming Archdeacon in Wales, the wittiest of Court chaplains, the most troublesome of bishops, Gerald became the gayest and most amusing of all the authors of his time. In his hands the stately Latin tongue took the vivacity and picturesqueness of the jongleur's verse. Reared as he had been in classic studies, he threw pedantry contemptuously aside. "It is better to be dumb than not to be understood," is his characteristic apology for the novelty of his style: "new times require new fashions, and so I have thrown utterly aside the old and dry method of some authors and aimed at adopting the fashion of speech which is actually in vogue to-day." His tract on the conquest of Ireland and his account of Wales, which are in fact reports of two journeys undertaken in those countries with John and Archbishop Baldwin, illustrate his rapid faculty of careless observation, his audacity, and his good sense. They are just the sort of lively, dashing letters that we find in the correspondence of a modern journal. There is the same modern tone in his political pamphlets; his profusion of jests, his fund of anecdote, the aptness of his quotations, his natural shrewdness and critical acumen, the clearness and vivacity of his style, are backed by a fearlessness and impetuosity that made him a dangerous assailant even to such a ruler as Henry the Second. The invectives in which Gerald poured out his resentment against the Angevins are the cause of half the scandal about Henry and his sons which has found its way into history. His life was wasted in an ineffectual attempt to secure the see of St. David's, but his pungent pen played its part in rousing the nation to its later struggle with the Crown.