Читать книгу The Rise of the Democracy - Joseph Clayton - Страница 25

Resistance to autocracy is often more needed against a strong and just king than it is against an unprincipled profligate. Henry II.'s love of order and peace, the strength and energy he spent in curtailing the power of the barons, and in making firm the foundations of our national system of petty sessions and assize courts have made for him an enduring fame. Henry II. was a great lawyer; he was "the flower of the princes of his world," in contemporary eyes; but it was as an autocrat he would rule. Against this autocracy Thomas à Becket, Archbishop of Canterbury, protested, and the protest cost him five years of exile, and finally his life. The manner of his death earned for the Archbishop the title of martyr, and popular acclamation required him to be canonised as a saint,^[7] and his name to be long cherished with deep devotion by the English people. Both Henry and Thomas stand out honourably, but the former would have brought all England under one great centralised authority, with the Crown not only predominant but absolute in its supremacy, and the Archbishop contended for the great mass of poor and needy people to mitigate the harshness of the law, and to maintain the liberties of the Church against the encroachments of sovereignty. "Nothing is more certain," as the old writer put it, "than that both strove earnestly to do the will of God, one for the sake of his realm, the other on behalf of his Church. But whether of the two was zealous in wisdom is not plain to man, who is so easily mistaken, but to the Lord, Who will judge between them at the last day."

Becket was the first English-born Archbishop of Canterbury since the Norman Conquest. Henry, on his accession, clove to him in friendship, made him Lord Chancellor in 1155, and on Archbishop Theobald's death, the monks of Canterbury at once accepted Henry's advice and elected him to the vacant see. Becket himself knew the King too well to desire the appointment, and warned Henry not to press the matter, and prophesied that their friendship would be turned to bitter enmity. But Henry's mind was made up. As Chancellor, Becket had shown no ecclesiastical bias. He had taxed clergy and laity with due impartiality, and his legal decisions had been given without fear or favour. Henry counted on Becket to act with the same indifference as Archbishop, to be the King's vicegerent during the royal absence in France. And here Henry, wise as he was in many things, mistook his man. As Chancellor of England Becket conceived his business to be the administration of the laws: as Archbishop he was first and foremost the champion of the Christian religion, the protector of the poor, and the defender of the liberties of the Church. All unwilling, like his great predecessor, St. Anselm, to become archbishop, from the hour of his consecration to the See of Canterbury, in 1162, Becket was as firm as Anselm had been in resisting the absolutism of the King. To the King's extreme annoyance the Chancellorship was at once given up—the only instance known of the voluntary resignation of the Chancellorship by layman or ecclesiastic,^[8] and all the amusements of the Court and the business of the world were laid aside by the new archbishop. The care of his diocese, the relief of the poor and the sick, and attendance at the sacred offices of the Church were henceforth the work of the man who had been Henry's best-loved companion, and within a year of his enthronement friendship with the King was broken.

The first point at issue was whether there should be one common jurisdiction in all the land, or whether the Church courts should still exist. These Church courts had been set up by William the Conqueror and Lanfranc, in order that the clergy should not be mixed up in ordinary law matters, and should be excluded strictly from the common courts. No penalty involving bloodshed could be inflicted in the Church courts, and all the savage barbarities of mutilation, common enough as punishments in the King's court, were forbidden. Henry II., apart from his strong desire for centralisation in government, wanted these Church courts abolished, because every clerk who offended against the law escaped ordinary punishment, no matter what the charge might be. Archbishop Thomas saw that in the Church courts there was some protection, not only for the clergy, but for all minor ecclesiastics, and for widows and orphans, against the horrible legal cruelties of the age. "It must be held in mind that the Archbishop had on his side the Church or Canon Law, which he had sworn to obey, and certainly the law courts erred as much on the side of harshness and cruelty as those of the Church on that of foolish pity towards evil doers."^[9]

Before this dispute had reached its climax Thomas had boldly taken measures against some of the King's courtiers who were defrauding the See of Canterbury; and he had successfully withstood Henry's plan for turning the old Dane-geld shire tax, which was paid to the sheriff for the defence of the country and the up-keep of roads, into a tax to be collected by the Crown as part of the royal revenue. Thomas told the King plainly that this tax was a voluntary offering to be paid to the sheriffs only "so long as they shall serve as fitly and maintain and defend our defendants," and said point blank that he would not suffer a penny to be taken off his lands for the King's purposes. Henry was obliged to yield, and this is the first case known of resistance to the royal will in the matter of taxation.

The case of clerical offenders, and the jurisdiction of the courts came before a great council at Westminster in 1163. Henry declared that criminous clerks should be deprived of their office in the Church courts, and then handed over to the King's courts for punishment. Thomas replied that the proposal was contrary to the religious liberties of the land, but he met with little support from the rest of the bishops. "Better the liberties of the Church perish than that we perish ourselves," they cried in fear of the King. Henry followed up his proposal by calling on the bishops to abide by the old customs of the realm, as settled by his grandfather, Henry I., and to this they all agreed, adding "saving the rights of our order."

A list of the old customs was drawn up, and sixteen Constitutions, or articles, were presented to the bishops at the Great Council of Clarendon, in January, 1164. To many of these Constitutions Thomas objected; notably (1) That clerks were to be tried in the King's courts for offences of common law. (2) That neither archbishops, bishops, nor beneficed clerks were to leave the kingdom without royal permission. (This would not only stop appeals to Rome, it would make pilgrimages or attendance at General Councils impossible without the King's consent.) (3) That no member of the King's household was to be excommunicated without the King's permission. (4) That no appeals should be taken beyond the Archbishop's court, except to be brought before the King. (This definite prohibition of appeals to Rome left the King absolute master in England.) The last article declared that neither serfs nor the sons of villeins were to be ordained without the consent of the lord on whose land they were born. Against his own judgment Thomas yielded to the entreaties of the bishops, and agreed to accept the Constitutions of Clarendon, but no sooner had he done so than he bitterly repented, and wrote off to the Pope acknowledging his mistake. Pope Alexander III. was mainly anxious to prevent open hostilities between Henry and the Archbishop, and wrote calmly that he was absolved, without suggesting any blame to the King.

Henry now saw that the Archbishop, and only the Archbishop, stood in the way of the royal will, and when another Council met at Northampton, in October, 1164, the King was ready to drive Thomas out of office. Before this Council Thomas was charged with having refused justice to John, the Treasury-Marshall, and with contempt of the King's court, and was heavily fined. It was difficult to get sentence pronounced, for the barons declined to sit as judges on an archbishop; but at length, Henry, Bishop of Winchester, on the King's order, declared the sentence. Henry followed up the attack next day by calling upon Thomas to account for 30,000 marks spent by him while Chancellor. In vain he proved that the Justiciar had declared him free of all claims when he laid down the Chancellorship, that the charge was totally unexpected; the King refused to stay the proceedings unless Thomas would sign the Constitutions of Clarendon.

Consultation with the bishops brought no help. "The King has declared, so it is said, that he and you cannot both remain in England as king and archbishop. It would be much safer to resign everything and submit to his mercy"; thus spake Hilary, of Chichester, and his fellow-bishops all urged resignation or submission.

Two days later the Archbishop came into the Council in full robes with the Cross in his hand. Earl Robert, of Leicester, rose to pass sentence upon him and at once the Archbishop refused to hear him. "Neither law nor reason permit children to pass sentence on their father," he declared. "I will not hear this sentence of the King, or any judgment of yours. For, under God, I will be judged by the Pope alone, to whom before you all here I appeal, placing the Church of Canterbury under God's protection and the protection of the Pope."

There were shouts of anger at these words, and some tore rushes from the floor and flung at him, but no one dared to stop the Archbishop's passage as he passed from the hall. It was useless to look for help or justice in England, and that very night Thomas left England for Flanders to appeal to Rome.

But Pope Alexander could do no more for Thomas than his predecessor had done for Anselm; only he would not allow any resignation from Canterbury. Henry himself appealed to the Pope in 1166, fearing excommunication by the Archbishop; "thus by a strange fate it happened that the King, while striving for those 'ancient customs' by which he endeavoured to prevent any right of appeal (to the Pope), was doomed to confirm the right of appeal for his own safety." The Pope did what he could to arrange a reconciliation, but it was not till 1170 that the King, seriously alarmed that Thomas would place England under an interdict, agreed to a reconciliation.

On December 1st the exile was over, and Thomas landed at Sandwich, and went at once to Canterbury. There were many who doubted whether there could be lasting peace between the King and the Archbishop, and while the bishops generally hated the Primate's return, the nobles spoke openly of him as a traitor to the King.

The end was near. Thomas, asked to withdraw the sentence of excommunication he had passed against the Archbishop of York and the Bishop of London and Salisbury for violating the privileges of Canterbury, answered that the matter must go before the Pope. The bishops, instead of going to Rome, hastened to Henry, who was keeping his Court at Bur, in France.

Henry, at the complaint of the bishops, broke out into one of those terrible fits of anger which overcame him from time to time, and four knights left the Court saying, "All this trouble will be at an end when Thomas is dead, and not before." On December 29th these knights were at Canterbury, and at nightfall, just when vespers had begun, they slew Archbishop Thomas by the great pillar in the Cathedral. So died this great Archbishop for the liberties of the Church, and, as it seemed to him, for the welfare of the people.

Henry was horrified at the news of the Archbishop's death, and hastened to beg absolution from Rome for the rash words that had provoked the murder. In the presence of the Papal legate he promised to give up the Constitutions of Clarendon, nor in the remaining eighteen years of his reign did Henry make any fresh attempt to bring the Church under the subjection of the Crown.

To the great bulk of English people Thomas was a saint and martyr, and numerous churches were dedicated in his name. More than three hundred years later Henry VIII. decided that St. Thomas was an enemy of princes, that his shrine at Canterbury must be destroyed, and his festival unhallowed. But the fame of Thomas à Becket has survived the censure of Henry VIII., and his name shines clearly across the centuries. Democracy has been made possible by the willingness of brave men in earlier centuries to resist, to the death, an absolutism that would have left England bound and chained to the king's throne.