However, at the first meeting all was smooth. On the return of the court the Archbishop brought his pupil, Prince Henry, to meet his father at Southampton, and was received with great affection. The King embraced him eagerly, and spent much time apart with him, discussing all that had taken place in his absence.
CAMEO XX. THE CONSTITUTIONS OF CLARENDON. (1163-1172.)
_King of England_.
1151. Henry II.
_King of Scotland_.
1165. William.
_King of France_.
1137. Louis VII.
_Emperor of Germany_.
1152. Friedrich II.
_Pope_.
1159. Alexander III.
The strife between the Crown and the Mitre was not long in breaking out again. The former strife had been on the matter of investiture; the strife of the twelfth century was respecting jurisdiction.
We sometimes hear the expression, "Without benefit of clergy," and the readers of the "Lay of the Last Minstrel" cannot have forgotten William of Deloraine's declaration,
"Letter or line know I never a one,
Were't my neck-verse at Harribee."
These are witnesses of the combat between Henry II. and Thomas a Becket. The Church, as bearing the message of peace, claimed to be exempt from the sword of the State. Her sacred buildings protected the criminal, the inhabitants of her lands were spared in war, and offences committed either by an ecclesiastic or against one, were not liable to be punished by the temporal power. This protection was extended not only over actually ordained clergymen, but all who held any office in connection with ecclesiastical affairs-all students, nay, all who were clerks enough to read and write. Thus the wild borderers, when made prisoners, escaped the halter by pretending to read a verse of the _Miserere_, which they had learnt by heart in case of such an emergency, and called their neck-verse; and "without benefit of clergy" was added to new laws, to prevent education from exempting persons from their power.
But this arose long after the battle had been fought and won; and it is not to be supposed, that the Church left offenders unpunished. Imprisonment, loss of rank, and penance, fell heavily on them, and it was only very hardened and desperate men who would die under excommunication rather than endure all that was required before they could be reconciled to the Church.
Henry II. had found the course of justice seriously impeded by these privileges of the clergy, and convoking a council at Westminster, in 1163, called on the bishops to consent that, as soon as a clerk should be proved guilty of a crime, he should be deprived of his orders, and handed over to receive punishment as a layman, at the hands of the King's officer.
According to our views in the present day, this demand was just, but to the Church of the twelfth century it seemed an attempt to deprive her of powers committed to her trust; and considering the uncertainty of justice, and the lawless tyranny and cruelty often exercised by the sovereigns and nobles, the resistance made to Henry II. cannot be wondered at.
The bishops, however, first took the King's view, and argued that a crime was worse in a clerk than in another, so that he deserved no immunity. To this Becket answered, that the loss of his orders was one penalty, and it was not right that he should be punished twice for the same offence. They said that the King would be displeased, and it would be better to give up their liberties than to perish themselves. This cowardly plea Becket treated no better than it deserved, and brought them over to his side, so that they all answered the King, that their duty forbade them to comply with his demand; Henry put the question in another form, asking them whether they would in all things observe the royal Constitutions of his ancestors. Becket replied, "We will in all things, saving the privileges of our order;" and so, one by one, said they all, except Hilary of Chichester, who was afraid, and left out the important restriction. But by this cowardice all he gained was the King's contempt. Henry chose him as the one on whom to vent his passion, abused him violently, and quitted the council, in one of his furious fits of rage.
Thenceforth Henry was at war with Becket. One of his first acts of spite, was exiling the Archbishop's friend, John of Salisbury, a faithful priest, and an excellent scholar, as his correspondence with his master remains to testify. It is curious to read his account of Paris. "The people here seem to enjoy abundance of everything; the Church ceremonies are performed with great splendor, and I thought, with Jacob, 'Surely the Lord is in this place, and I knew it not;' also, in the words of the poet,
"'Blessed is the banish'd man who liveth here.'
"The French are much afraid of our King Henry, and hate him most intensely; but this between ourselves."
The Archbishop wrote to the Pope for counsel, but the King had strong influence at Rome, and the Pope only advised Becket to preserve peace; owning that what the King demanded was wrong, but recommending Becket to give way, and make friends, so that England might be once more at his beck and call.
For this policy Becket was far too straight-forward, and his perplexity was great, especially when the Archbishop of York, who had always been his enemy, the jealous and disappointed Gilbert Folliot of London, and the time-serving Hilary of Chichester, all declared themselves of the King's party.
The Pope and his legate prevailed with Becket to consent to the Constitutions of the realm, without making any exception; the King said this must be done in public, and in January, 1164, convoked a council for the purpose at Clarendon, in Wiltshire.
The Constitutions were read, and proved to contain much that was contrary to the canons of the Church; they were discussed and commented on for three days, and then, to Becket's surprise and dismay, he was required not only to agree to them by word of mouth, as he had already done, but to set his archiepiscopal seal to them. He rose, and exclaimed, much agitated, "I declare by God Almighty, that no seal of mine shall ever be set to such Constitutions as these."
The King left the room in a fury, and great confusion ensued, of which we have no clear account. The nobles broke in on the bishops, and threatened them in the King's name; the Grand Master of the Templars persuaded Becket, and it seems that his firmness in some degree gave way, though whether what he repented of was the sealing the Constitutions, or merely the promise he had given, we cannot tell. The assembly broke up, the King and each of the Archbishops taking a copy of the Constitutions.
Becket, as he rode away, lamented over what had passed, as his faithful friend and biographer, Herbert of Bosham, has recorded. "My sins are the cause why the Church of England is reduced to bondage," he said. "I was taken from the court to fill this station, a proud and vain man; not from the cloister, nor from a school of the Saviour, but from the palace of Caesar. I was a feeder of birds, and I was suddenly made a feeder of men; I was a patron of players, and a follower of hounds, and I became a shepherd over many souls. I neglected my own vineyard, and yet was intrusted with the care of others."
He fasted, and abstained from ministering at the altar, till he had received from the Pope a letter of absolution for his act of weakness; and as the Pope gave no ratification of the Constitutions of Clarendon, he did not consider them binding.
Henry shifted his ground, and, calling another Council at Northampton in 1164, brought various petty charges against the Archbishop. The first was, that a man named John Marshall had failed to obtain justice in his court. The truth was, that the man had been caught making oaths on a jest-book, instead of on the Gospels; and Becket, instead of coming himself to state this, sent four knights with letters explaining it.
For this neglect, as it was said, of the King's summons, Becket was condemned to forfeit the whole of his personal property; and to this he submitted, but without appeasing the King, who went on to accuse him of taking the public money while Chancellor, when, as every one knew, he had spent far more largely than ever he had received in the King's service. Not a person was there who did not know that his character stood far above such base charges; besides, an appointment to an ecclesiastical dignity was always supposed to clear from all former charges.