Henry II & Becket

1. Henry II & Becket The Causes and Consequences of a Murder

2. Criminous Clerks • A serious problem • The inadequacy of ecclesiastical discipline was the cause of many complaints to Henry II when he returned to England in 1163 • Since 1154 more than 100 murders committed by clerks • Innumerable cases of theft, robbery with violence • All escaping the more rigorous secular courts • Only the more notorious cases were brought to Henry’s notice • Problem clearly could not be settled by the Archbishop • King Henry II wanted more satisfactory solution with the imposition of a standardised procedure

3. The Proposal • Church Courts – Alternative Justice for Clerks • Approx. 1 in 5 English men “clerks” • Lay as well as ecclesiastical • “Criminous clerks” had right to trial by ordained brethren • Sentences much lighter • Church courts’ jurisdiction increased ~ civil war • Church protecting its own lands, possessions • Gone too far – brought into focus by Philip de Brois • Showed inadequacy of canon law in punishing criminals • Henry’s Solution: • Clergy convicted of serious crimes in ecclesiastical courts to be deprived of the protection of the Church • Handed over to secular authorities for punishment • They met to discuss the issues at the Council of Westminster in October 1163

4. Becket’s Position • Christ = King of the Clergy • Should be ruled by their own law under their own king • Should be punished by their own law • Not appropriate for clerk to suffer usual punishment of mutilation lest in man the image of God be deformed • Also, St Jerome’s analysis of the Book of Nahum in the Old Testament concluded: • God does not judge twice in the same case • Thus could not be transferred to King’s courts after having been punished in clerical courts • Plus wanted to protect clerical privileges and not set any new precedents

5. Henry’s Position • Henry looked to the law of the Christian Roman Empire for precedent • In early years of Christianity under Roman Empire the Corpus JurisCivilis allowed for clerk to be examined before secular magistrate • If he approved the charge, sent it before local bishop • If bishops accepted charge true, clerk deprived of rank • Then sent to secular magistrate for sentence • Henry’s reforms would punish former clerks already tried by ecclesiastical courts and degraded from rank • Becket disagreed • Continued with provocative case that clergy were untouchable by secular authorities • They are, as it were, set apart from the nations of men. • And secular punishment after de-grading from rank was a second, and unnecessary punishment

6. The Pope’s Position • Anxious to preserve papal privilege • But aware of the harm done its interests by criminous clerks • They were a real and serious problem • And Becket offered no solution • Modern canon law gave very little support to his point about improper double punishment • The Pope did nothing yet • Eventually he tried to reconcile the two • And he was slowly was convinced more of the need to support Henry I’s position • As time wore on he counselled Becket to be restrained

7. English Custom • Henry fell back on English custom • Would the English Church deny the actions and beliefs of their predecessors? (Quote in ‘Criminous Clerks’ handout) • He demanded if they were ready to abide by English custom. • Becket said they would ... • Saving their order they owed earthly honour to the king • Henry stormed out of the meeting • Later Henry met Becket • Rode to meet him; talked together in a field, alone • King reminded Becket of his position • Becket promised to honour Henry and do his bidding saving my order – again qualifying his allegiance • They parted on bad terms

8. Woodstock • Becket agreed to meet Henry II at Woodstock – after some persuasion • Bishop Hilary of Chichester pleaded with him not to be obstinate • Pope Alexander III sent envoys with letters from himself and many cardinals • Counselled restraint and compliance or flexibility • All that was necessary was to remove the qualification from his promise of obedience to Henry • Henry II and Becket met at Woodstock • Becket agreed to “observe the customs” of England and “be loyally obedient ... In all things as is decent as just.” • Henry wanted public retraction as the original offence had been in public • The great Council of the Realm was duly summoned at the royal palace of Clarendon in the New Forest

9. A Clash of Personalities? Henry II Becket

10. Defining His Rights • The Constitutions of Clarendon • Henry set about drawing up this document • An explicit record of the prerogatives of the King to which the bishops would have to add their seals • A list of 16 clauses defining relationship between secular and canon law • Bishops not expecting to have to sign up to an explicit statement • Had expected to be asked to observe the customs that had been previously observed by the Church and that they would make a formal promise to do so • What is more, Henry II reverted to the customs as they had been in 1135 • Thus ignoring the last 30 years of ‘custom’ that had since developed in the light of changing canon law

11. Constitutions of Clarendon • Council of Clarendon – January 1164 • Henry II and his men met with Becket and his bishops • Henry presented the Constitutions of Clarendon • Clause 3 • Criminous clerks first to royal court to establish status. Even if a clerk, if found guilty the King’s court would also punish him. • Clause 4 • Bishops and Arch-bishops could not leave England without royal consent • Clause 8 • No appeal to the Pope in clerical cases without the King’s permission

12. Clause 3 This clause gave the King’s court the authority to determine if the accused was a clerk. Even if a man were proved to have the right to be tried in the Church court, if he were found guilty he would be returned to the King’s court for a second punishment

13. Other Aspects of Clarendon • One clause was designed to safeguard against the obstruction of government by the clergy • No-one who was a tenant of the King nor of any of the officers of his lands, could be placed under Interdict unless application was first made to the King • The Constitutions protected Church rights • Anyone in any city, borough, castle or manor of the King accused by an archdeacon of bishop for an offence under their jurisdiction who refused to answer for it “should rightly be placed under Interdict” • However, he should not be ex-communicated until application had been made to the King, or his local official • If the official refused then he would be at the mercy of the king and after that of the bishop

14. Further Protection • Constitutions also assisted Church in other ways • The king would bring to justice any magnate preventing a bishop or archdeacon from “doing justice upon himself or his men” • Although lay men ought not be accused unless by “accredited” accusers in the presence of a bishop, if people are afraid to do so then the bishop could request the sheriff to organise a jury of presentment to do so. • The Constitutions were narrow in what they claimed for the Crown • Nothing was said about Church rights in issues of marriage or bastardy despite the implications they might for land issues • The Crown claimed right over issues of debt and the right to determine patronage of benefices

15. Disputes Over Church Land • Disputes involving tenancies held by clergy would first be decided by a local jury • If the jury declared that the land was held under special Church tenure agreement for holding land, known as ‘free alms’ then the matter would go to a Church court • If the jury said that the land was held under a secular agreement then it would stay in the King’s courts • So this defining of rights was not necessarily all one way • Some bishops were not unsympathetic to the Constitutions • But asking the bishops to take an oath to obey these rights was without precedent

16. Further Church Gripes • To Becket, implementation of Constitutions of Clarendon too much at king’s whim • Limits on clergy’s authority clear • But conditions on which King would grant, or refuse, his permission weren’t • The customs that the King had written down were selective, from distant past • Any recent practices or precedents since 1135 were ignored • Becket was not willing to put his seal on this document

17. Into Opposition • Henry II ranted but bishops refused to sign • Suddenly after 3 days Becket told bishops to submit • Submit for the present and take a false oath • Hardly a ringing endorsement! • And so they signed BUT ... • Becket turned the act of submission into a protest • Wore penitent’s robes, began fast & publicly repented of oath • Why? • Not known for sure however ... • This way only Becket disobeyed Henry II • And only he would face his wrath • And King Henry II incandescent with rage!

18. Henry’s Reaction • After the rage tried get Pope to ratify Constitutions • Pope put off any decision • So, get rid of Becket – but how? • Trumped up charges over land dispute • Followed with charges of embezzlement • Becket summoned to King’s Council, Northampton • Northampton resolved little • Becket’s theatrical side showed again • Princes also sit and speak against me; but they servant, Lord, is occupied in thy business. • Had cross carried before him into Council – powerful symbolism • Henry and Becket sat in separate rooms • Bishops and barons went from one to the other

19. Northampton Outcome • Council delivered verdict against Becket • Refused to hear it – “no right” to judge him • That night slipped into exile to French court • Louis VII welcomed him • Henry II threatened the pope • Wanted Becket replaced as Archbishop • Threatened to support Alexander III’s rival, anti-pope Victor IV • Pope not moved & wouldn’t accept Becket’s resignation when he offered it in a grand political gesture in Rome • Henry II moved against Becket • Sequestered his land • At least 400 of his family & dependents exiled • Yet Becket was not moved – large international network of friends

20. Becket In Exile • The quarrel continued while Becket was in exile 1165-1170 • In this time Henry II many other issues to deal with as well as this • Including dealing with the Welsh and dealing with problems in his French lands • At any international conference people tried to heal the rift Henry II’s Other Problems

21. The Quarrel Continues • Henry II & Becket’s quarrel continued over 6 years • Many tried to reconcile them • Including Louis VII and Alexander III • They sometimes seemed willing to do so • But stumbling blocks always appeared ... • Becket’s slipping in his qualification re observing customs of England • Becket demanding kiss of peace and Henry refusing • Henry prevaricating • Becket’s threats and ex-communications

22. Reconciliation? • Henry II had Young King crowned at York • Traditional prerogative of Canterbury • Becket furious at attack on his rights • Pope gave him permission to: • Ex-communicate those who’d taken part • Suspend bishops who had taken the oath to Constitutions of Clarendon • Place England under Interdict • But Henry II was ready for them • Immediately made it clear ready to make peace • Did so at Vézalay • Constitutions of Clarendon not mentioned • Henry II promised Thomas could re-crown young Henry and his wife Margaret