Part 26

169. Reneral of the Quarrel; Murder of Becket (1170).

But though the Archbishop and the King had given each other the "kiss of peace," yet the reconciliation was on the surface only; underneath, the old hatred smoldered, ready to burst forth into flame. As soon as he reached England, Becket invoked the thunders of the Church against those who had officiated at the coronation of Prince Henry. He excommunicated the Archbishop of York with his assistant bishops.

The King took their part, and in an outburst of passion against Becket he exclaimed, "Will none of the cowards who eat my bread rid me of that turbulent priest?" In answer to his angry cry for relief, four knights set out without Henry's knowledge for Canterbury, and brutally murdered the Archbishop within the walls of his own cathedral.

170. Results of the Murder.

The crime sent a thrill of horror throughout the realm. The Pope proclaimed Becket a saint with the title of Saint Thomas. The mass of the English people looked upon the dead ecclesiastic as a martyr who had died in the defense of the Church, and of all those--but especially the laboring classes and the poor--around whom the Church cast its protecting power.

The great cathedral of Canterbury was hung in mourning; Becket's shrine became the most famous in England. The stone pavement, and the steps leading to it, still show by their deep-worn hollows where thousands of pilgrims coming from all parts of the kingdom, and from the Continent even, used to creep on their knees to the saint's tomb to pray for his intercession.

Henry himself was so far vanquished by the reaction in Becket's favor, that he gave up any further attempt to formally enforce the Constitutions of Clarendon (S165), by which he had hoped to establish a uniform system of administration of justice. But the attempt, though baffled, was not wholly lost; like seed buried in the soil, it sprang up and bore good fruit in later generations. However, it was not until near the close of the reign of George III (1813) that the civil courts fully and finally prevailed.

171. The King makes his Will; Civil War.

Some years after the murder, the King bequeathed England and Normandy (SS108, 159) to Prince Henry. He at the same time provided for his sons Geoffrey and Richard. To John, the youngest of the brothers, he gave no territory, but requested Henry to grant him several castles, which the latter refused to do. "It is our fate," said one of the sons, "that none should love the rest; that is the only inheritance which will never be taken from us."

After his coronation Prince Henry had the title of Henry III; but as he died before his father, he never properly became king in his own right.

It may be that that legacy of hatred was the result of Henry's unwise marriage with Eleanor, an able but perverse woman, or it may have sprung from her jealousy of "Fair Rosamond" and other favorites of the King. Eventually this feeling burst out into civil war. Brother fought against brother, and Eleanor, conspiring with the King of France, turned against her husband.

"Fair Rosamond" [Rosa mundi, the Rose of the world (as THEN interpreted)] was the daughter of Lord Clifford. According to tradition the King formed an attachment for this lady before his unfortunate marriage with Eleanor, and constructed a place of concealment for her in a forest in Woodstock, near Oxford. Some accounts report that Queen Eleanor discovered her rival and put her to death. She was buried in the nunnery of Godstow near by. When Henry's son John became King, he raised a monument to her memory with the inscription in Latin: "This tomb doth here enclose The world's most beauteous Rose-- Rose passing sweet erewhile, Now naught but odor vile."

172. The King's Penance (1173).

The revolt against Henry's power began in Normandy (1173). While he was engaged in quelling it, he received intelligence that Earl Bigod of Norfolk and the bishop of Durham, both of whom hated the King's reforms, since they curtailed their authority, had risen against him.

Hugh Bigod: The Bigods were among the most prominent and also the most turbulent of the Norman barons.

Believing that this new trouble was a judgment from Heaven for Becket's murder, Henry resolved to do penance at his tomb. Leaving the Continent with two prisoners in his charge,--one his son Henry's queen, the other his own,--he traveled with all speed to Canterbury. There, kneeling abjectly before the grave of his former chancellor and friend, the King submitted to be beaten with rods by the priests, in expiation of his sin.

173. End of the Struggle of the Barons against the Crown.

Henry then moved against the rebels in the north (S171). Convinced of the hopelessness of holding out against his forces, they submitted. With their submission the long struggle of the barons against the Crown came to an end (SS124, 130). It had lasted nearly a hundred years (1087-1174).

The King's victory in this contest was of the greatest importance. It settled the question, once for all, that England was not, like the rest of Europe, to be managed in the interest of a body of great baronial landholders always at war with each other; but was henceforth to be governed by one central power, restrained but not overridden by that of the nobles and the Cuhrch.

174. The King again begins his Reforms (1176).

As soon as order was restored, Henry once more set about completing his legal and judicial reforms (S165). His great object was to secure a uniform system of administering justice which should be effective and impartial.

Henry I had undertaken to divide the kingdom into districts or circuits, which were assigned to a certain number of judges who traveled through them at stated times collecting the royal revenue and administering the law (SS137, 147). Henry II revised and perfected this plan.

This was accomplished by means of two laws called the Grand Assize and the Assize of Clarendon (not to be confounded with the Constitutions of Clarendon). The Assize of Clarendon was the first true code of national law; it was later expanded and made permanent under the name of the Assize of Northampton. (See the Constitutional Summary in the Appendix, p. vii, S8.)

In addition to the private courts which, under feudal law, the barons had set up on their estates (S150), they had in many cases got the entire control of the town and other local courts. There they dealt out such justice or injustice as they pleased. The King's judges now assumed control of these tribunals, and so brought the common law of the realm to every man's door.

175. Grand Juries.

The Norman method of settling disputed was by Trial by Battle, in which the contestants or their champions fought the matter out either with swords or cudgels (S148). There were those who objected to this club law. To them the King offered the privilege of leaving the decision of twelve knights, chosen from the neighborhood, who were supposed to know the facts. (See the Constitutional Summary in the Appendix, p. vi, S8.)

In like manner, when the judges passed through a circuit, a grand jury of not less than sixteen was to report to them the criminals of each district. These the judges forthwith sent to the Church to be examined by the Ordeal (S91). If convicted, they were punished; if not, the judges considered them to be suspicious characters, and ordered them to leave the country within eight days. In that way the rascals of that generation were summarily disposed of.

Henry II may rightfully be regarded as having taken the first step toward founding the system of Trial by Jury, which England, and England alone, fully matured. That method has since been adopted by every civilized country of the globe. (See the Constutional Summary in the Appendix, p. vii, S8.)