or royal servant might be excommunicated,
or their land placed under interdict, but by the king's assent. What was
new was the legislation respecting ecclesiastical jurisdiction. The
King's Court was to decide whether a suit between clerk and layman, whose
nature was disputed, belonged to the Church courts or the King's. A royal
officer was to be present at all ecclesiastical proceedings in order to
confine the Bishop's court within its own due limits, and a clerk
convicted there passed at once under the civil jurisdiction. An appeal
was left from the Archbishop's court to the King's Court for defect of
justice, but none might appeal to the Papal court save with the king's
leave. The privilege of sanctuary in churches and churchyards was
repealed, so far as property and not persons was concerned. After a
passionate refusal the Primate was at last brought to give his assent to
these Constitutions, but the assent was soon retracted, and Henry's
savage resentment threw the moral advantage of the position into his
opponent's hands. Vexatious charges were brought against Thomas, and he
was summoned to answer at a Council held in the autumn at Northampton.
All urged him to submit; his very life was said to be in peril from the
king's wrath. But in the presence of danger the courage of the man rose
to its full height. Grasping his archiepiscopal cross he entered the
royal court, forbade the nobles to condemn him, and appealed in the teeth
of the Constitutions to the Papal See. Shouts of "Traitor!" followed him
as he withdrew. The Primate turned fiercely at the word: "Were I a
knight," he shouted back, "my sword should answer that foul taunt!" Once
alone however, dread pressed more heavily; he fled in disguise at
nightfall and reached France through Flanders.
Great as were the dangers it was to bring with it, the flight of Thomas
left Henry free to carry on the reforms he had planned. In spite of
denunciations from Primate and Pope, the Constitutions regulated from
this time the relations of the Church with the State. Henry now turned to
the actual organization of the realm. His reign, it has been truly said,
"initiated the rule of law" as distinct from the despotism, whether
personal or tempered by routine, of the Norman sovereigns. It was by
successive "assizes" or codes issued with the sanction of the great
councils of barons and prelates which he summoned year by year, that he
perfected in a system of gradual reforms the a
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