saving the rights and privileges of their the king provides for the vacancy, the elecorder;"*-one of those reservations which tion shall be made in his presence, and with seem specious till it be discovered that they his assent, and that the person elected shall destroy the concession to which they are take the oath of homage and fealty to the annexed. The king left them with just king as his liege lord. "Thus," says an displeasure:—they followed him to Wood- ancient historian, whose professional prejustock, where they assented to the demand dices seem on this occasion to have subdued without any saving of the rights of their his independent spirit," was lay authority order. The archbishop was not persuaded over all ecclesiastical persons or things, and to follow his brethren till the last moment. the contempt of ecclesiastical law, estabHenry then called a general council at lished amidst the murmurs of the bishops, Clarendon, about the end of January, 1164, but without resistance from them."+ Thomto give the form of law and the weight of as archbishop of Canterbury, full of connational assent to the moderate concessions trition for apparent acquiescence, however which the clergy had made to good order excused by fear and danger, openly did and public justice. penance for his culpable weakness. He

The assembly at Clarendon seems to have attempted to escape into France; but he been the most considerable of those which was arrested at Romney for an offence met under the title of the Great or Common against the Constitutions of Clarendon. Council of the Realm since the Norman Having for a time administered the royal invasion. They were not yet called by the demesnes of Eye and Berkhampstead, he name of a parliament. But whatever dif- was summoned to account for rents and ficulty may exist concerning the qualifica- profits before a great council holden at tions of their constituent members, there is Northampton. He pleaded a release by no reason to doubt that the fullness of legis- Henry the king's son, which was overruled lative authority was exercised by the king justly, though the suit was intended only only when he was present in such national as a measure of war against him. When assemblies, and acted with their advice and sentence was pronounced by the bishops consent. The king made his propositions and barons, he lifted up the cross which he to the parliament in the form most inoffen- held in his hand, and with his eyes fixed sive to the church, as a recognition and on it, slowly walked out of the court. In affirmance of the customs and liberties ob- the ensuing night he founds means to leave served in the time of his predecessors, es- the town; and hiding himself during the pecially of the late king; which, however day, he reached, by nocturnal journeys, the disregarded in practice, yet by force of the port of Sandwich, from which a small bark comprehensive clause restoring the Saxon conveyed him to Flanders, where he went laws might be easily made to extend to the to pay his homage to the pope, who was concessions he had required from the clergy. then at Sens, and by whose influence he These usages were contained in sixteen obtained an honorable and secure asylum articles; of which the principal were, That in the splendid abbey of Pontigny, in Burall clerks summoned to answer for a crime gundy.

should come before the king's justices; As far as the arguments of the ecclesithat if they were convicted, or had con- astical party against the statutes of Clarenfessed, the church was no longer to protect don are separable from the Hildebrandine them; that no ecclesiastical person should system, which has already been sketched, quit the realm without the king's license, they are in general founded on an appeal and that they should find security, if the to positive law, rather than on the considking required it, not to delay in going or eration of what law ought to be. For the returning that all causes not ecclesias immunity of clerks from civil jurisdiction, tical should be finally determined in the the principal authorities appealed to were king's courts; and that no ecclesiastical the assertions of Gratian, the compiler of appeals should proceed beyond the arch- the famous Digest of Canon or Ecclesiasbishop's court without the king's assent; tical Law, for which that writer quotes that all ecclesiastical persons who are ten- the forged Decretals ascribed to Isidore; a ants of the crown in capite shall follow the pretended law of Theodosius, adopted by king's customs, sue and be sued respecting Charlemagne, and a part of a novel of Justheir fiefs before his justices, and attend tinian, of which the context proved the conlike other barons at his courts till judgment trary. It is true that the spuriousness of of life or limb shall be necessary; that vacant dignities in the church shall be in the king's hands; that he shall receive the profits as his seigniorial dues; that when

† Matt. Paris, 85.

Fleury, Quatrième Discours sur l'Hist. Ecclésiastique. "Cette constitution, ainsi alterée, fut le principal fondement de St. Thomas de Cantorberi pour résister au roi d'Angleterre." Pour prouver l'immunité des clercs, Gratien rapporte quatre fausses de

K

these legal authorities might have been, by Henry were arbitrary, and often odious. and probably was, unknown to Becket and Had the sceptre obtained a complete vichis contemporaries; who, with all their tory, Europe would have been the prey of power of discrimination and ingenuity, were the men of the sword. Had the crosier yet so grossly ignorant of the languages, of been decisively successful, the clergy would history, and of criticism, that they were have established a more lasting, a more incapable of detecting the most gross impos- searching, and a more debasing, though a tures. Had the authorities been as genuine more mild and regular, despotism over the as they were supposed to be by Becket, thoughts and feelings of men. they might be regarded as excusing a dis- Fortunately for Becket the jealousy and orderly zeal for privileges enjoyed by his disunion between the kings of France and order under laws then in force; but they England disposed Louis and emboldened never could be supposed to stand in the way the pope to protect the obnoxious exile. of a legislature about to adopt measures for When Henry learnt that he was well rerendering the administration of justice im-ceived, he sent an embassy of expostulation partial and vigorous. If Theodosius, Jus- to Louis, and a splendid embassy or deputinian, and Charlemagne, had granted such tation (of which the archbishop of York was immunities, it was evidently the duty as at the head) to justify himself to the sovewell as right of the king and parliament reign pontiff. His ambassadors complained of England to deliver the people intrusted to Alexander that their master was comto their care from such evils as soon as their pelled to take measures against the primate nature was discovered. The legislature, for his contumacy in defying the jurisdicindeed, chose to give the name of ancient tion of the national assembly (comprehend-. usages to the regulations made at Claren- ing all other prelates) in a matter so excludon. This might in part be historically sively civil as an account of the manage untrue. It was done, doubtless, in some ment of the king's lands. They also made measure to render them more venerable in earnest suit that two legates should be sent the eyes of the people. The clergy might to England, to hear all matters in dispute have acquiesced in the fiction as partly without appeal. The pope determined that meant to spare their feelings; but nothing the lower power should not judge the highdepended on it. The constitutions derived er, and therefore reversed and made void their force from enactment, not from an- the judgment of the barons and bishops, tiquity. It may be observed that one of particularly as it confiscated the possessions them, which regards homage and fealty, falsely called the archbishop's, but really and nearly touches investitures, follows the pertaining to the see of Canterbury, auspirit of the compromise on that subject be- thorized the primate to exercise ecclesiastween Henry I. and Pascal II., which ex- tical justice on all who should forcibly tremely resembles the provisions of the enter them by color of that judgment, but treaty of Worms. No doubt can be thrown sparing and exempting the king from the over this controversy without impugning archbishop's excommunication or censure. one of two propositions, of which both seem As soon as Henry learnt the reception almost self-evident;—that justice requires of Becket in France, he issued writs to all all orders of men to be equally amenable sheriffs, commanding them to seize all rents to, and equally punishable by, the law; and and possessions of the primate within their that the legislative power in every commonwealth is bound to provide for such to espouse the princess Matilda, the king's eldest equal distribution of justice to all those who are committed to their charge.

It is on this as on most other occasions much more easy to decide on the justice of contending claims than to form a right judgment of the motives of the claimants, or to estimate the political consequences of the success of either party, immediate or remote. The object of the Hildebrandists was absolute domination over the laity. The aim of the king was absolute power over clergy and laity. The means employed

crétales. 1. La prétendue lettre du pape Caius à l'évêque Félix. 2. Les lettres du pape Marcellan. 3. Celles du St. Silvestre dans un concile Romain. 4. La fausse loi de Constantin, adoptée par Charlemagne, qui renvoye aux évêques tous ceux qui les aurant choisis pour juges malgré les parties adverses. -Fleury, Septième Discours.

*

* In 1165 the elector of Cologne came to London daughter, as the proxy of Henry the Lion, duke of Saxony, a puissant, ambitious, and magnificent prince, who was spoiled of his dominions by a decree of the Imperial diet, in 1180, and who twice took refuge in England from the pursuit of his triumphant posterity by this lady, who out of the vast dominions enemies. It is a remarkable circumstance, that his of their ancestor preserved only the duchies of Brunsdred years, came back to the throne of a greater wick and Luneburgh, after the lapse of near six hun England than the empire of the Plantagenets, to be holden by a nobler tenure than that of birth. At the espousals the earl of Leicester would not kiss the archbishop-elector, because he was excommunicated as an adherent of the anti-pope Octavian. be the original writs: in that case they are probably

†The documents printed in Matt. Paris seem to the most ancient specimens of our legal process now extant. By a writ every legal proceeding is now commenced. By a charter, many legal or political rights are created or conferred. The former meant at first only a writing, and the latter a paper. When writing was known to few, the acceptation of the words was naturally confined to the most important writings on paper.

bailiwicks, and to detain all bearers of ap- think himself more near the brink of a ruppeals to Rome till the king's pleasure should ture with England, answered, with much be known. He commanded the justices in appearance of magnanimity, "If the king the like form to detain on the same condition of England will cling so strongly to what all bearers of papers from the pope or pri- he calls the customs of his forefathers remate purporting to pronounce an interdict specting the church, he should allow me to of Christian worship in the realm, all spirit-adhere to the custom of my progenitors, ual persons or laymen who should adhere which ever was to protect the fugitive and to such interdict, and all clerks leaving the the exile." kingdom without a regal safe-conduct.

The pope, not without misgivings, auBecket was so intoxicated by the favor thorized Becket to proceed to extremities of the pope as to declare, that "Christ was against all offenders, with the single limitaagain tried, in this case, before a lay tribu- tion of not including the king by name. nal, and once more crucified in the person The archbishop was not slow in exerting of his servant." ."* Alexander, encouraged his terrible powers. He excommunicated by his more secure power, intimated to the bishop of London, and caused the senBecket that he might proceed without re-tence to be served on him while he was striction. Becket immediately went to officiating in his cathedral church of St. Vezeley, where, on Ascension-day, when Paul. He laid the province of Canterbury, the church was most crowded, he went into including more than three fourths of the the pulpit, and "with book, bell, and can- kingdom, under an interdict. But these dle, solemnly cursed all the maintainers of thunders played harmlessly round a monthe customs called in the realm of Eng-arch so well acquainted with the art of land the customs of their elders." Henry command. No more than a few parishes threatened that if Becket, after such an shut their churches; yet the pope had aloutrage, should be sheltered at Pontigny, most emptied his quiver. On the other he should seize the Benedictines' estates in hand, the two kings began to incline tohis territories: Louis was then obliged to wards peace, and Becket was compelled to carry Becket with him from Burgundy. bend the neck at the nod of his sole armed Various angry proceedings ensued on both protector. A single scruple delayed the sides, in which Becket's tone rose or fell accommodation. Becket required that he with the unfriendly measures of Louis to should be saluted with the kiss of peace, wards Henry. Two legates arrived from as a pledge of sincere reconciliation. Henthe pope, who labored to evade a decision, ry declared that he was bound by a vow by persuading the parties to a compromise. never to kiss Becket. On such pettifogging Henry was at one time (1168) prevailed on superstitions did the faith and honor of a to assent to the return of the archbishop chivalrous age depend. At length, in 1170, and his adherents; but on second thoughts it was agreed to elude the chief difficulty insisted in adding, "saving the honor of his by silence on the original subjects in diskingdom,"- -a salvo which Becket under-pute, to require no express submission to stood too well to accept. Becket afterwards the statutes of Clarendon from Becket, but agreed to throw himself at the feet of his to restore him to his see, to be holden as it sovereign, but proposed the necessary re- was by his predecessors. servation of the "honor of God, and the This pacification was formally announced rights of holy church." The two kings be- to Henry, the king's son, who had lately ing present, Henry said to Louis, "What- been crowned, and, with the title of king, ever displeaseth that man is taken by him governed England, recommending to him to be contrary to God's honor; but to show that both the archbishop and all those who that I do not withstand God's honor, what for his cause departed out of the realm may the greatest and most holy of his prede- remain in peace, and have all their goods cessors did unto the meanest of mine, let restored in such quiet and honor as they him do the same unto me, and I am con- enjoyed within three months before their tented therewith." All the company pres- departure.†

ent called out that the king had humbled Becket arrived at Canterbury in Decemhimself enough. The king of France said ber, 1170. After so fierce a contest, before to Becket, "Will you be greater than deep wounds could be more than thinly saints, and better than St. Peter ?" His an-skinned over, and when both parties were swer was disrespectfully evasive, and all required to be implacable by enraged reblamed his arrogance; but when Henry tainers, the pacification must have been in urged Louis to withdraw his protection a trembling condition, where it required the from a man thus insolent and contumacious, utmost prudence and temper on all sides to the king of France, who began then to

*Epist. St. Thom. lib. i.-Matt. Paris, 89.

Nov. 1170. Rym. Fod. i. 26. Nova editio et Matt. Par. 102. probably the original.

observe it. Becket's mind, agitated by dis- followed by his enemies, attended by a band trust, by mortified pride, distracted between of soldiers, such as they had hastily gatherfear and satisfaction, must have been in a ed. They rushed into the church with state which should exempt him from harsh drawn swords. Tracy cried out, "Where judgment. But his letters, or those of his is the traitor? Where is the archbishop?" agents, ought not to be received as decisive Becket, who stood before the altar of St. evidence of the bad faith of the king. Bennet, answered gravely, "Here am I:

It must be owned that Becket refused to no traitor, but the archbishop." Tracy do what was evidently implied in the gene- pulled him by the sleeve, saying, "Come ral amnesty. He would not take off the hither-thou art a prisoner.' They adwhole of the ecclesiastical censure from vised him to flee. He pulled back his arm the prelates, who had suffered it on account with such force as to make Tracy stagger, of their obedience to the king's commands. and said, "What meaneth this, William? I He refused to take the oath of homage for have done thee many pleasures. Comest his barony. The archbishop of York, and thou with armed men into my church?"— the bishops of London and Salisbury, went "It is not possible that thou shouldst live to Normandy to complain of this insolent any longer," called out Fitz-Urse. The inbreach of the peace: tidings, at the same trepid primate replied, "I am ready to die time, reached the court that he had pro- for my God in defence of the liberties of nounced an entirely new excommunication the church." At that moment, either by a against one of the king's servants, for acts relapse into his old disorders, or to show done in obedience to the king, and before that his non-resistance sprung, not from the accommodation. Provoked by these (at weakness, but from duty, he took hold of least) acts of extraordinary imprudence, Tracy by the habergeon or gorget, and Henry is said to have called out, before an flung him with such violence as had nearly audience of lords, knights, and gentlemen, thrown him to the ground. He then bowed To what a miserable state am I reduced, his head as if he would pray, and uttered when I cannot be at rest in my own realm his last words,-"To God and St. Mary I by reason of only one priest; there is no commend my soul and the cause of the one to deliver me out of my troubles!" church." Tracy aimed a heavy blow at him, Four knights of distinguished rank,* which fell on a bystander. The assassins William de Tracy, Hugh de Moreville, fell on him with many strokes; and though Richard Britto, and Reginald Fitz-Urse, the second brought him to the ground, they (Dec. 28.) interpreted the king's complaints did not cease till his brains were scattered as commands. They repaired to Canter- over the pavement.

bury, confirmed in their purpose by finding Thus perished a man of extraordinary that Becket had recommenced his excom- abilities and courage, turbulent and haughmunications by that of Robert de Broc, and ty indeed; without amiable virtues, but also that he had altered his course homeward to without mean vices; who doubtless believavoid the royalist bishops on their way to ed that he was promoting the reign of justhe court in Normandy: they instantly tice by subjecting the men of blood to the went to his house, and required him, not ministers of religion; but who was neither very mildly, to withdraw the censure of the without ambition nor above the vulgar prelates, and take the oath to his lord para- means of pursuing his objects. That Henry mount. He refused. John of Salisbury, his did not intend the murder of Becket, may faithful and learned secretary, ventured at be concluded from the legal hostilities this alarming moment to counsel peace. which were in contemplation against him, The primate, perhaps precipitately, but not and from a confidence that so sagacious a pusillanimously, thought that nothing was monarch must have foreseen much of the left for him but a becoming death. The mischief which this atrocious deed actually knights retired to put on their armor; and brought on him. It is deserving of observathere seems to have been a sufficient inter- tion, how many murders were perpetrated val either for negotiation or escape. At that in churches in those ages, when they shelmoment, indeed, measures were preparing tered the worst criminals from justice. for legal proceedings against him. But the Since the period when they are considered visible approach of peril awakened his sense with reasonable respect, and have ceased of dignity, and breathed an unusual deco- to enjoy a discreditable immunity, they rum over his language and deportment. have also ceased to be the theatre of such The monks could not prevail on him to be bloody scenes. absent from vespers. He went through the The conspirators, despairing of pardon, cloisters into the church, whither he was found a distant refuge in the castle of

Knaresborough, in the town of Hugh de Moreville, and were, after some time, enjoined by the pope to do penance for their

tors.

crime, by a pilgrimage to the Holy Land, Roderic king of Connaught,* contributed where they died, and were interred before more than their due share to the renown of the gate of the temple. In the mean time his policy and his arms. His escape from a general cry was raised against the king the consequences of Becket's murder, with of England. The French king and several no other sacrifice than an evasive renunof his great vassals pressed the pope to ciation of the statutes of Clarendon, paravenge the cause of religion and humanity. took little of defeat. In this flourishing state An embassy to Rome from Henry obtained he became an object of personal as well as an audience with difficulty; and as soon as of politic jealousy to his neighbors. A vast they uttered the name of their master, the confederacy was secretly formed against bystanders cried out to the pope, “Will him. Three of his sons had been successyou bear it?" Every thing seemed to threat- fully practised upon by the confederates. en an interdict, no longer a weapon in the Henry Court Mantle, the eldest, though he warfare of ambition, but seconded by the had been crowned two years before, was at natural compassion and honest indignation this period only eighteen years of age; of mankind. Henry perceived his danger; Richard, sixteen; Geoffrey, fifteen; John, and the politic pontiff was more desirous the youngest, was a child of five years old. of displaying than of exhausting his power. Louis VII. often engaged in quarrels with He contented himself with a general ex- Henry, and, familiarized with interference communication of the murderers and abet- in English affairs by the long negotiations Two papal legates held a council at on the case of Becket, found no difficulty Avranches, in the end of September, 1172, in rousing the premature ambition of young where the king made oath on the Holy Henry his son-in-law. He was easily perGospels and sacred relics, in the presence suaded to consider the grant of some part of the clergy and the people, that he neither of his father's dominions as implied in his commanded nor desired the murder of the nominal royalty, and as the only means of archbishop; but that he submitted thus to guarding a royal youth from the degrading purge himself of the offence, because the mockery of bearing a barren sceptre. malefactors might have been moved to the The refusal threw the young king into perpetration of that profane deed by the the hands of the conspirators. Henry's disturbance and anger in which they saw dissolute life had raised up a mortal enemy their sovereign. He swore that he should against him in his own house. Eleanor, adhere to Alexander as lawful pope; that more incensed at his inconstancy than it he would not prevent appeals to Rome in became her to avow, was their most effececclesiastical causes; that he would take tive instrument. Parental discord was of up the cross in three years, pardon the com- itself sufficient to destroy the affection of panions of the archbishop, and restore the children, even without her furious excitepossessions of the see of Canterbury. To ments. Gratitude, on which he perhaps rethese conditions he made an addition, too lied, gave way: for, as he had given crowns vague to be decisive, that he should relin- and provinces to his children in their boyquish the customs against the church intro- hood, in order to strengthen himself, it was duced in his time. On these terms the not unnatural that those who were too early nuncios, by authority of the pope, absolved used as political tools might grow into unthe king. In the following year Becket seasonable rivals. The conspiracy spread was canonized, and Henry made a humil- itself widely. William the Lion, king of iating pilgrimage to his tomb. Scotland, was tempted into it by a promise Scarcely had these commotions subsided, of Northumberland; the county of Kent, a when a calamity befell Henry, which, if more dangerous bribe, was to be the reward not so bitterly felt by kings as by private of the earl of Flanders; the earls of Boumen, falls, at least, more often to their lot. logne and Blois were to receive allotments He was now the most powerful of European proportioned to their services. The hopes monarchs. His alliance was everywhere of Louis were, probably, too extensive to courted. His resentment was dreaded; and be trusted to the words of a treaty. The the princes who submitted their differences great barons of Henry's continental provto his arbitrament placed a trust in his jus-inces fluctuated between the two kings, tice which might seem perilous, were it not and were led to the side of Louis by the that Castile and Navarre might deem them- example of the Anglo-Norman princes. selves covered by the Pyrenees against his Britany threw herself into the arms of projects of aggrandizement. The invasion France. That great province, which never of Ireland, and the recognition of Henry, though only as lord paramount, and with no more territory directly subject to him than the coast from Dublin to Waterford, by

* Finis et concordia inter Henricum filium imper

atricis regem Angliæ et Rodericum (O'Connor) regem Connactiæ, facta apud Windsor, in Oct. St. Michael. 1175.-Rymer, i. 31.