Thursday, 16 June 2016

Equivalence of Rank - Secular Postions with Ecclesiastical Ones

Gilbert, bishop of Limerick, around 1139  produced a document about hierachy in the Western Church on the equivalence in hierachical rank of ecclesiastical posts to secular ones.

As  far as I know this document had no official status.

Patrologia Latina Tome 159: Cols 997-1004
De Statu Ecclesiae




Rosamond McKitterick (1995). The New Cambridge Medieval History: pts. 1-2. c. 1024-c. 1198. Footnote 2: Cambridge University Press. pp. 368–. ISBN 978-0-521-41410-4..

Coniungitur autem imperator papae, rex primati, dux archipontifici, comes episcopo,
miles sacerdoti, quia istae personae pares illis saecularibus iure decernuntur.

Joined with the Emperor is the pope, the King with the primate, the Duke with the archbishop,
The Earl/Count with a bishop, The knight with a priest, because it is decreed that these parsons are equal to those secular law voted.


Wednesday, 15 June 2016

The Becket Conflict

A very succinct summary of what the Becket Conflict was all about and its causes, and origins has been written in German:-

 
by Wejwod Marek (2000)
Automated Translation by Google Translate - http://bit.ly/1tsl1H5

Herbert of Bosham describes the Conflict:-


James Craigie Robertson. Materials for the History of Thomas Becket. Volume III Herhert of Bosham Vita S. Thomae Liber III Cap. 24: Cambridge University Press. p. 272. ISBN 978-1-108-04927-6.

O rex et o pontifex, quorum utrumque Dei apprehendit emulatio! Hic zelat populi sui pacem, alter vero cleri sui libertatem.

O King, O Pontiff, both of whom vying with each other have the zeal to be the equal of God, which has taken hold of both of them! one desirous for the peace of his people, the other for the liberty of his clergy.


Herbert of Bosham puts his summary of the Conflict into two chapters

Fisher, M. Ann Kathleen, "An Annotated Translation of the Life of St. Thomas Becket By Herbert Bosham (Part Two)" (1947).
Master's Theses. Paper 171.

Book III
p.47  §23. The King Declares in Favor of the Peace of His People
p.49  §24. The Archbishop Declares in Favor of the Liberty of His Clergy.

In Latin:
Materials for the History of Thomas Becket, Archbishop of Canterbury
Vita Sancti Thomae
Auctore: Hereberti De Boseham
Liber III: Capitula 23 et 24

...
...

Monday, 13 June 2016

John of Salisbury Blames Satan

John of Salisbury in his hagiography on the Life of Saint Thomas Becket, §12 blames Satan for the Troubles.

James Craigie Robertson. Materials for the History of Thomas Becket, Archbishop of Canterbury. Cambridge University Press. pp. 273–. ISBN 978-1-108-04926-9.

Patrologia Latina
Ioannes Saresberiensis Alanus Tewkesburiensi
VITA SANCTI THOMAE, AUCTORE IOANNE SALISBURIENSI

Jacques-Paul Migne (1894). Patrologiae cursus completus Latina. Tome 190. Brepols..

Videns autem hostis antiquus tantum virum Ecclesiae Dei plurimum profuturum, invidit, et ne sperata pace terra diutius frueretur, multos et magnos elegit discordiae concitatores: per quos in corde regis et curialium odii seminarium sparsit. (0200C) Orta siquidem his procurantibus quaestione super regni consuetudinibus et iure ecclesiastico, filios perditionis in perniciem sancti viri excitavit qui subvertere moliebantur Ecclesiae libertatem. Sed cum omnes opprimerentur, Cantuariensis Ecclesia ipsum magis angebat, cuius potestati honori et utilitati plurimum derogabatur, insurgentibus in eum primum Rogero Eboracensi archiepiscopo, deinde proceribus multis, et his qui fidelitate et beneficiis Ecclesiae tenebantur obnoxii et ipso rege prohibente saepius et pertinacius ne in subditos culpis exigentibus canonicam iustitiam exerceret. Potestas enim laica in res et personas omnium pro libito ecclesiastico iure contempto, tacentibus aut murmurantibus episcopis, potius quam resistentibus usurpabat. (0200D) Conatus est ergo rex archiepiscopum promissis et blanditiis ad suum inclinare consensum. Sed vir Domini, fundatus in petra et solidatus, nec blanditiis emolliri potuit, ut a cultu iustitiae deviaret, nec minis terreri.

Translation

"Nevertheless the ancient enemy [Satan] when he saw that the very great man of the Church of God [Becket]  would very soon do much good, he became envious. And lest the peace on Earth which was for a long while being enjoyed he [Satan] chose many from the great [of the land], including the king and members of his court, through whose hearts he could use them as instigators of discord, and to scatter seeds of hate, there indeed, by instigating issues over the customs of the realm and the law of the Church, But even though all the Churches were being suppressed, the Church [See] of Canterbury caused him [Becket] the greatest anxiety, most of whose power, honour, and usefulness were being taken away [from it] by the rising up into first place of Roger archbishop of York,  and then by the guilty, including many magnates and those who owed fealty and held benefices of the Church. And even the the king often more stubbornly disallowed the purging of the sins of  his subjects by means of the exercise of canonical justice [Canon Law]. Indeed the temporal power seized goods and persons entirely at its own pleasure holding in contempt ecclesiastical law, with the bishops remaining silent or murmuring, rather than resisting. The king tried with promises and flatteries to incline the archbishop to his point of view. But the man of the Lord, who was founded on rock and firm in intent, neither could he be placated by flatteries, which might deviate him from serving justice, nor could he be terrified by threats."

Saturday, 11 June 2016

Plot To Murder Becket, October 1164

Threat to murder Becket immediately after his trial at Northampton

John of Salisbury, Life of Becket: paragraph 18

 Curn autem se in hospitium recepisset, duo magni et fidelissimi proceres ad eum in ipso noctis conticinio accesserunt, vultu miserabiles et lacrimosi, tundentes pectora sua, et confitentes ac protestantes per tremendum judicium Dei, quod indubitanter sciebant viros magnos, et malefactis insignes, ut pote multis pollutos facinoribus, in illius neceт conspirasse, et se ad eum occidendum mutuis invicem astrinxisse juramentis. Ne ergo causa ecclesiae, quae nondum plene innotuerat, in morte ejus pateretur occasum, eadem nocte fugam aggressus est, et uno duntaxat frater sibi ferente solatium, diebus delitescens et noctibus iter peragens, post diem decimum sextum ad portum Sandvici pervenit, et quum potiores vectores non haberet ad manum, in fragili cymbala a duobus sacerdotibus transvectus est in Flandriam, paucis aliis navigium potius impedientibus quam aliquam solatii vel auxilii ferentibus opem.


After, however, he had returned to his lodgings, two great and most faithful nobles came to him that same evening, weeping and with downcast faces. beating their breasts, confessing and protesting, swearing on the terrible judgement of God, that they definitely knew of important men, and [other] evil-minded prominent persons, who were without doubt guilty of many grave and wicked deeds, who were plotting to murder him, and who had combined together having taken reciprocal and mutual oaths with each other to kill him.

Therefore lest the cause of the [Liberty of the] Church, which had not yet become widely known, might be ruined by his death, that same night he set about escaping. And together with only one brother whom he brought with him for comfort, hiding by day and travelling by night eventually he reached the port of Sandwich after sixteen days. And when there were no other better boats for ferrrying to hand, the two priests were borne across the sea to Flanders in a frail skiff [cymba: small rowing boat possibly with a sail] with a few others on board hindering the boat rather than being of any comfort or assistance, or rendering any service.

The same story is described in Thomas Saga Erkibyskups

Eiríkr Magnússon . Thómas Saga Erkibyskups: A Life of Archbishop Thomas Becket in Icelandic. Cambridge University Press. pp. 227–9. ISBN 978-1-108-04921-4.

https://archive.org/stream/thmassagaerkiby01magngoog#page/n253/mode/1up

Late in the evening of that very day there come to the archbishop two men of noble kin and good friends of his, both being in sore tribulation and bringing the tidings from the king's court, that certain persons, right far famed for evil deeds, have allied themselves together so to incur the wrath of God, as to have the life of the archbishop even before their meal the next morning. Lord Thomas then weigheth in his mind this matter, and the danger wherein he now standeth, and wisely considereth, that the cause of the church is yet less known throughout Christendom than it behoveth such a mighty matter to be ; and therefore feareth he, if he suffer death even at this time, that it may be deemed to have come to pass rather through some private guilt of his own, than through his defence of the freedom of God's right; and that the church might reap thereof some detriment rather than any righting. He therefore maketh up his mind, rather to make good an escape, now first for a while, after the example of the blessed apostle Paul, when he fled from Damascus anight-time, for a more enduring profit of holy church.

References

Friday, 3 June 2016

Table of Contents



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The Constitutions of Clarendon was a formal document, a set of laws which king Henry II of England had drawn up and set down in writing in January 1164. Henry tried to force Thomas Becket archbishop of Canterbury and the bishops of the English Church to give recognition to his legal programme and their consent to the items in the document by affixing their seals to the parchment on which the laws were written. 

The document contained a list of Henry's so-called 'Customs of the Kingdom', the royal and legal rights which he claimed over the Church in England, which he asserted as having been in force during and from his grandfather's time (Henry I). All Henry maintained what he was doing was setting these down in writing, as a kind of constitutional statute [per assisam regni], so that there would or could be no doubt as to exactly what they were. Many of the clauses, however, contradicted and conflicted with the Catholic Church's own Canon Law. As a consequence Becket refused to affix his seal to the parchment until after he had a chance which to consult with the Pope, and only reluctantly, after considerable pressure, gave his consent and endorsement to them verbally, which he later retracted, and for which later the Pope was to absolve him of his obligations to the Church regarding this. This made king Henry furious, and effectively had him declared as a traitor later on that same year.

Some have seen the Constitutions of Clarendon as the most important document of its time as providing a foundation for the separation of church and state, as the most important legislative enactment by the most important king in English constitutional history. Herbert of Bosham, one of Becket's contemporary hagiographers/biographers, describes  them as the full cause of the dissension between King Henry II and Becket and the reason for Becket's exile and subsequent martyrdom. The Constitutions brought to the front deep questions about the evolving nature of judicial authority in England, Church [ecclesiastical] versus State [royal] power, and the formalization of the relationship between the two sovereignties. More specifically they were part of Henry II's intended reform of government in England following  the long anarchy of King Stephen's reign, and reflect his personal will to assume and reclaim  power for the throne.

An  examination of Henry I's motives for issuing the Constitutions of Clarendon which were part of his reform of legal system n England might include the following:

a) Centralisation of the justice system in England under his authority, namely the beginning of a programme to bring reform to the legal system in the country, bringing it more fully under his control. For there to be one single and uniform system of justice and judicial procedures and their administration in the land, one system of law common to all people throughout the kingdom. For there to be one last and final court of appeal in England, namely himself.

b) Reduction of the power of the barons by enforcing his authority over the justice system in England, and reducing their rights to hold courts and decide cases.

c) Increasing royal revenues by ensuring that the fines and income from the royal courts came to the royal exchequer.

d)  To establish his right to do this claiming that all he was doing was assuming his rights based on the customs of his grandfather's (Henry I's) time and by extension those of his predecessor kings of England, principally Edward the Confessor and King Cnut.

e) To establish his authority over the Church in England, and to reduce the authority and influence of the Pope in ecclesiastical affairs in England. 

The principal customs which Henry regarded as belonging to him, but which were contentious, were: his right to collect monies from the Church's vacant sees and abbacies, control over the right of appeal of churchmen to the Pope in Rome, control over the right of the Church to excommunicate the king's barons and other servants of the crown, and his right to have ecclesiastics who had committed felonies to be tried in his own royal courts.


Indeed Henry's whole reign might be seen as one of his wanting obsessively to assert his claims and rights as king of England or lands and rights in France. His mother, the Empress Mathilda, had lost her right to rule England to her cousin Stephen of Blois, who had usurped the kingdom. When she eventually won the civil war that ensued, after defeating Stephen, it was Henry who was to inherit the kingdom instead of her. But she was always in the background. Perhaps it was her who was pushing him. She was an extremely strong-willed woman.

Others, Hume in particular, have argued that Henry had made a very poor choice in selecting Becket for Archbishop of Canterbury. He should have realised, that Becket, who had been an excellent Chancellor, the best possible from the king's point of view, would use his new position as head of the Church in England, that is his ambition would drive him to want to increase the power of the church, the moment he became its leader.

Some have seen the Constitutions of Clarendon as one among a series of steps in an undisclosed plan or programme of Henry II's to unite Church and State in England, in which his very first step was to appoint his favourite, his chancellor, Thomas Becket, as archbishop of Canterbury. Henry perhaps wanted to make Becket a junior partner in the management of his kingdom, where Henry was to manage the temporal and Becket the ecclesiastical. Should Becket have been grateful for this great honour? Or was his ingratitude treacherous? This was a programme which Henry ultimately failed to bring about. Or did he? Perhaps Becket knew or understood Henry's real intentions beforehand, and decided to resist them once he became archbishop. Or did Becket stand his ground because the king's so-called customs were an attempt to take away more rights from the Church than either Henry I or any previous king of England had hitherto claimed as theirs. Becket feared that acceptance of these Constitutions might eventually come to mean that England would end up having totally secular clergy appointed by the king or a Church wholly under his control. Did Becket really protect the Liberty of the Church or did his intransigence ultimately destroy it?

This blog is the story of the Becket Controversy and the events which led to the Council of Clarendon in January 1164, at which the Constitutions were announced. It is about Becket's subsequent trial as a traitor at Northampton in October 1164, and his ensuing escape into exile to France, after which there followed many years of negotiation between Henry and Becket, involving the Pope and the king of France among others, before he was able to return to England. It is the story of Becket's return and his ensuing murder (martyrdom) in his own cathedral at Canterbury in December 1170. This story has all the dramatic features of a classical Greek tragedy: the politics, the interacting dialogue between a protagonist and an antagonist, the chorus of bishops, and the Pope as deus ex machina. It is the story of Becket's murder (martyrdom) and his subsequent elevation to sainthood. It is about the cult of Becket that followed, and the pilgrimages to Canterbury made famous by Geoffrey Chaucer's Canterbury Tales. Becket was perhaps the most famous personage of his time and about whom a huge number of Lives (hagiographies) and biographies have been written.


The Becket Dispute also involved his relationship with his fellow bishops in England, and the issue concerning the primacy of Canterbury in the kingdom, or whether the archepiscopacy of York was independent from that of Canterbury.

It is one in the many stories of the power struggles between Church and State which took place during the 11th, 12th and subsequent centuries. It is about the rise in the power of the Pope. It is set in the context of the large empires under powerful monarchs who ruled over vast tracts of Western Europe. The period also marks the beginning of centuries of struggle between the kingdoms of France and England. It coincides with the emergence of the formulation of the Common Law in England. Indeed many of the clauses of the Constitions of Clarendon deal with the limits of the jurisdiction of the ecclesiastical courts relative to the king's own courts.  It takes place at a time between, but largely unaffected by either of, the second and third crusades, except perhaps the requirement conceived at the Reconciliation of Avranches in 1172, that Henry provide 200 knights for a year [of the monetary equivalent] for the defence of Jerusalem as purgation for his part in the murder of Becket.

Indeed, St. Thomas Becket is still honoured today by the Catholic Church, as the example par excellence of the necessity of every member of the church to show obedience to Rome, to the Pope and the principles of the Catholic Church, its fathers and the canon laws, and its very being, its organisation, its methods, rights to control the faith centrally, its hierarchy and authority, and so forth. Becket honoured the central authority that the Catholic Church asserted it had, and still has, and the Church, in turn, honoured him with the title of Saint following his murder in his cathedral. Becket gave his life for the principles laid down in the Reform of the Church as instigated by Pope Gregory VII. Once he had decided that he would do that it became clear that he could not serve two masters. In the end this decision cost him his life and quite possibly changed the course of English history.


References 


Richards, R. J. (2014). A Primer on the Origins and Implications of The Thomas Becket Affair. Lincoln Memorial University Law Review1(2), 2



The Constitutions of Clarendon


a) In Latin

b) In English

Constitutions of Clarendon in English : Joseph Berington (1790)
Albert Beebe White translation
Constitutions of Clarendon from the Medieval Sourcebook
The Constitutions: Hutton's Translation and Commentary
Roger of Wendover's version of the Constitutions: ...
James Tyrrell's Translation of the Constitutions 1700.
The Avalon Project : Constitutions of Clarendon. 1164.

Notes and Miscellaneous
Central Issue behind the Constitutions of Clarendon
The Constitutions documented as a compromise

Lyttleton's Comments: Constitutions Clause 1
Lyttleton's Comments: Constitutions Clause 4
Lyttleton's Comments: Constitutions Clause 5
Lyttleton's Comments: Constitutions Clause 7
Lyttleton's Comments: Constitutions Clause 8
Lyttleton's Comments: Constitutions Clause 11
Lyttleton's Comments: Constitutions Clause 12
Lyttleton's Comments: Constitutions Clause 15
Lyttleton's Comments: Constitutions Clause 16

 
Historical notes on Clause 2: Advowsons of the King's Fee

Clause 3 and The Law Against Double Jeopardy

Historical Notes on Clause 4: Restrictions on Travel Abroad for Clerics

Historical Notes on Clause 5. Excommunicated Persons and Bail

Historical Notes on Clause 6: Procedure in the Ecclesiatical Court

Historical Notes on Clause 7: Excommunication and Interdict without king's consent

Historical Notes on Clause 8: Appeals to the Pope

Historical Notes on Clause 9: Juries and the Assize Utrum.

Historical Notes on Clause 10: Persons cited for Excommunication

Historical Notes on Clause 11: On the Estate of the Clergy



Historical Notes on Clause 14: The Goods and Chattels of Felons on Church Lands

Historical Notes of Clause 15: Breach of Faith -King's Justice or Church Court

Historical Notes on Clause 16: Requirement of Rustics to have their Lord's Consent

Clauses of the Constitutions of Clarendon Allowed/Tolerated or Condemned by the Pope.
Thomas Saga: Customs of the King Condemned By The Pope




Concordat of London 1107 and Clause 12 of the Constitutions


Rustics and Clause 16

Clause X of the Assizes of King Roger II (1130-54)..

Garnier: Content of the Constitutions of Clarendon in Norman French.

Comparing the Preamble to Magna Carta

Imperium in imperio

Henry II's Decrees against the Pope and Becket, 1169

The British Magazine (1833-4): Froude's Articles on Henry II's Plan to Unite Church and State

Ecclesiastical

On the origins of the Doctrine of Papal Supremacy
Conflict of Investitures
Canonical Decretals which empower the Pope
Dictatus Papae, A.D. 1075
Papal Supremacy
Papal Authority
Libertas Ecclesiae
Canon Law and The Canonical System
Decretum Gratiani


Donation of Constantine
Priveligium Fori - "Privilege of the forum"
The Disputed Papal Election of 1159
Clerics
Excommunication

Interdict
Suspension
Sanctuary
Simony

Obedience
Canterbury - York Controversy
From Bocland to Feodum, and the Great Semicolon in...
Ordinance Establishing Spiritual Courts in England.
Written versus Unwritten Law
Ecclesiastical Courts

Feudal

Bibliography
Personages

Anselm of Canterbury
Richard de Lucy
John of Oxford
John of Canterbury
Richard of Ilchester
Arnulf of Lisieux
Philippe, abbé de l'Aumône
Gilbert Foliot, bishop of London
Henry of Blois, bishop of Winchester
Hilary, bishop of Chichester
Peter of Blois
Reginald Fitz Jocelin
Pope Alexander III
Pope Alexander III (b)
Louis VII of France [Louis le Jeune]
Catalogue of the Learned Men in the Court of the Archbishop
Becket's Spy Ring
The Cardinals of the Holy Roman Church
Roger, bishop of Worcester (d. 1179)
Pont l'Évêque, Roger de (c.1115–1181),
The Four Enemies of the Martyr
William, Archbishop of Sens
John Cumin
Prior Odo of Christ Church Canterbury
Eleanor of Aquitaine

Becket as Chancellor


Disputes up till Council of Westminster


The Council of Clarendon, January 1164


The State Trial of Becket at Northampton, October 1164












Becket Return and Murder

Becket's Return to England, 1st Dec 1170

Becket's Last Month December 1170

Mission of Richard, prior of Dover to the Young King, Dec 1170

Winchester Palace, Southwark, ca 13th Dec 1170

The Manor at Harrow

Who will rid me of this Turbulent Priest?

Bur-le-Roi, Near Bayeaux

Order to Arrest Becket, December 1170

Letter of Complaint about Becket, King Henry II to Pope Alexander, December 1170

The Incident of the Horse's Tail, December 1170


Garnier: Christmastide 1170

Some References to Becket's Murder and the Murderers

John of Salisbury on Murder of Becket 

John of Salisbury's Letter 300 to Peter, abbot of Celle, December 1170


Edward Grim- Eye-Witness to the Martyrdom of Becket




Aftermath and Sainthood

Immediate Aftermath to Becket's Murder 


Henry II's Reconciliation with the Church at Avranches, 1172

Gaudendum est universitati

Henry II's Penance at the Tomb of St. Thomas Becket at Canterbury, 12th July 1174

Henry II's Concessions to the Church, 1176

Pope Alexander III's "At Si Clerici" (ca 1178)

Magna Carta (1215 and 1225) - Chapters 1 (and 63): The Freedom of the English Church

Translation of the Relics of St.Thomas Becket 7th July 1220


Reformation in 16th Century

Henry VIII's Proclamation, 1538: The Unsainting of Thomas Becket ..

Maps
.