Henry the Second by J. R. Green

Author:J. R. Green
Language: eng
Format: epub
Tags: history, king, kings, england, english, Plantagenet, Plantagenets, 12th century
ISBN: 9781781666135
Publisher: Andrews UK Limited 2012
Published: 2012-06-14T00:00:00+00:00

CHAPTER VI

THE ASSIZE OF CLARENDON

The flight of the archbishop marked the opening of a new phase in the struggle. Thomas sought refuge at the Papal Court at Sens. There kneeling at Alexander's feet, and surrounded by weeping cardinals, he delivered into the Pope's hands the written "customs" which had been forced upon him at Clarendon, and resigned the see of Canterbury to receive it back again with all honour. Alexander had indeed but limited sympathy with the fiery zealot, but he had practically no choice of action in face of the resistance with which the clergy would have met any sacrifice of ecclesiastical to secular authority. For two years at a monastery in Pontigny then for four at Sens, the archbishop lived the life of an austere Cistercian monk, edifying the community with his fastings, scourgings, and prayers. The canon law again became his constant study, and throughout the churches of Gaul he sought for books which might be copied for the library at Canterbury. He was soon fortified with visions of martyrdom, and prepared himself fitly to fulfil this glorious destiny. Nor did he forget the uses of political intrigue; it was easy to enlist on his side the orthodoxy of the French king and of the house of Blois; and the intimate knowledge which he had of his master's continental policy was henceforth at the disposal of the hereditary enemies of Henry. A tumult of political alarms filled the air. Ambassadors from both sides hurried to every court, to the Emperor, the Pope, the King of France, the Count of Flanders, the Empress Matilda at Rouen. It was the beginning of six years of incessant diplomatic intrigue, and of almost ceaseless war. The conflict, transferred from England to France, rapidly widened into a strife, not now for the maintenance of the king's authority in England, but for his actual supremacy over the whole empire. Instead of the great questions of principle which had given dignity to the earlier stages of the dispute, the quarrel sank into a bitter personal wrangle, an ignoble strife which left to later generations no great example, no fruitful precedent, no victory won for liberty or order, for Church or State.

The Constitutions of Clarendon two years before had lain down the principles which were to regulate the relations in England of Church and State. The Assize of Clarendon laid down the principles on which the administration of justice was to be carried out. Just as Henry had undertaken to bring Church courts and Church law under the king's control, so now he aimed at bringing all local and rival jurisdictions whatever into the same obedience. In form the new law was simple enough. It consisted of twenty-two articles which were drawn up for the use of the judges who were about to make their circuits of the provinces. The first articles described the manner in which criminals were to be "presented" before the justices or sheriff. The accusation was to be made by "juries,"

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