The two articles last mentioned are especially remarkable. The former provided that if a layman was accused before a bishop on insufficient testimony, the sheriff should at the bishop’s request summon a jury of twelve lawful men of the neighbourhood to swear to the truth or falsehood of the charge.[118] The other clause decreed that when an estate was claimed by a clerk in frank-almoign and by a layman as a secular fief the question should be settled by the chief justiciar in like manner on the recognition of twelve jurors.[119] The way in which these provisions are introduced implies that the principle contained in them was already well known in the country; it indicates that some steps had already been taken towards a general remodelling of legal procedure, intended to embrace all branches of judicial administration and bring them all into orderly and harmonious working. In this view the Constitutions of Clarendon were only part of a great scheme in whose complete developement they might have held an appropriate and useful place.[120] But the churchmen of the day, to whom they were thus suddenly presented as an isolated fragment, could hardly be expected to see in them anything but an engine of state tyranny for grinding down the Church. Almost every one of them assumed, in some way or other, the complete subordination of ecclesiastical to temporal authority; the right of lay jurisdiction over clerks was asserted in the most uncompromising terms; while the last clause of all, which forbade the ordination of villeins without the consent of their lords, stirred a nobler feeling than jealousy for mere class-privileges. Its real intention was probably not to hinder the enfranchisement of serfs, but simply to protect the landowners against the loss of services which, being attached to the soil, they had no means of replacing, and very possibly also to prevent the number of criminal clerks being further increased by the admission of villeins anxious to escape from the justice of their lords. But men who for ages had been trained to regard the Church as a divinely-appointed city of refuge for all the poor and needy, the oppressed and the enslaved, could only see the other side of the measure and feel their inmost hearts rise up in the cry of a contemporary poet—“Hath not God called us all, bond and free, to His service?”[121]

The discussion occupied six days;[122] as each clause was read out to the assembly, Thomas rose and set forth his reasons for opposing it.[123] When at last the end was reached, Henry called upon him and all the bishops to affix their seals to the constitutions. “Never,” burst out the primate—“never, while there is a breath left in my body!”[124] The king was obliged to content himself with the former verbal assent, gained on false pretences as it had been; a copy of the obnoxious document was handed to the primate, who took it, as he said, for a witness against its contrivers, and indignantly quitted the assembly.[125] In an agony of remorse for the credulity which had led him into such a trap he withdrew to Winchester and suspended himself from all priestly functions till he had received absolution from the Pope.[126]

It was to the Pope that both parties looked for a settlement of their dispute; but Alexander, ill acquainted both with the merits of the case and with the characters of the disputants, and beset on all sides with political difficulties, could only strive in vain to hold the balance evenly between them. Meanwhile the political quarrel of king and primate was embittered by an incident in which Henry’s personal feelings were stirred. His brother William—the favourite young brother whom he had once planned to establish as sovereign in Ireland—had set his heart upon a marriage with the widowed countess of Warren; the archbishop had forbidden the match on the ground of affinity, and his prohibition had put an end to the scheme.[127] Baffled and indignant, William returned to Normandy and poured the story of his grievance into the sympathizing ears first of his mother and then, as it seems, of the brotherhood at Bec.[128] On January 29, 1164—one day before the dissolution of the council of Clarendon—he died at Rouen;[129] and a writer who was himself at that time a monk at Bec not only implies his own belief that the young man actually died of disappointment, but declares that Henry shared that belief, and thenceforth looked upon the primate by whom the disappointment had been caused as little less than the murderer of his brother.[130] The king’s exasperation was at any rate plain to all eyes; and as the summer drew on Thomas found himself gradually deserted. His best friend, John of Salisbury, had already been taken from his side, and was soon driven into exile by the jealousy of the king;[131] another friend, John of Canterbury, had been removed out of the country early in 1163 by the ingenious device of making him bishop of Poitiers.[132] The old dispute concerning the relations between Canterbury and York had broken out afresh with intensified bitterness between Roger of Pont-l’Evêque and the former comrade of whom he had long been jealous, and who had now once again been promoted over his head; the king, hoping to turn it to account for his own purposes, was intriguing at the Papal court in Roger’s behalf, and one of his confidential agents there was Thomas’s own archdeacon, Geoffrey Ridel.[133] The bishops as yet were passive; in the York controversy Gilbert Foliot strongly supported his own metropolitan;[134] but between him and Thomas there was already a question, amicable indeed at present but ominous nevertheless, as to whether or not the profession of obedience made to Theobald by the bishop of Hereford should be repeated by the same man as bishop of London to Theobald’s successor.[135]

Thomas himself fully expected to meet the fate of Anselm; throughout the winter his friends had been endeavouring to secure him a refuge in France;[136] and early in the summer of 1164, having been refused an interview with the king,[137] he made two attempts to escape secretly from Romney. The first time he was repelled by a contrary wind; the second time the sailors put back ostensibly for the same reason, but really because they had recognized their passenger and dreaded the royal wrath;[138] and a servant who went on the following night to shut the gates of the deserted palace at Canterbury found the primate, worn out with fatigue and disappointment, sitting alone in the darkness like a beggar upon his own door-step.[139] Despairing of escape, he made another effort to see the king at Woodstock. Henry dreaded nothing so much as the archbishop’s flight, for he felt that it would probably be followed by a Papal interdict on his dominions,[140] and would certainly give an immense advantage against him to Louis of France, who was at that very moment threatening war in Auvergne.[141] He therefore received Thomas courteously, though with somewhat less than the usual honours,[142] and made no allusion to the past except by a playful question “whether the archbishop did not think the realm was wide enough to contain them both?” Thomas saw, however, that the old cordiality was gone; his enemies saw it too, and, as his biographer says, “they came about him like bees.”[143] Foremost among them was John the king’s marshal, who had a suit in the archbishop’s court concerning the manor of Pageham.[144] It was provided by one of Henry’s new rules of legal procedure that if a suitor saw no chance of obtaining justice in the court of his own lord he might, by taking an oath to that effect and bringing two witnesses to do the same, transfer the suit to a higher court.[145] John by this method removed his case from the court of the archbishop to that of the king; and thither Thomas was cited to answer his claim on the feast of the Exaltation of the Cross. When that day came the primate was too ill to move; he sent essoiners to excuse his absence in legal form, and also a written protest against the removal of the suit, on the ground that it had been obtained by perjury—John having taken the oath not upon the Gospel, but upon an old song-book which he had surreptitiously brought into court for the purpose.[146] Henry angrily refused to believe either Thomas or his essoiners,[147] and immediately issued orders for a great council to be held at Northampton.[148] It was customary to call the archbishops and the greater barons by a special writ addressed to each individually, while the lesser tenants-in-chief received a general summons through the sheriffs of the different counties. Roger of York was specially called in due form;[149] the metropolitan of all Britain, who ought to have been invited first and most honourably of all, merely received through the sheriff of Kent a peremptory citation to be ready on the first day of the council with his defence against the claim of John the marshal.[150]