when a second council of bishops and barons was
assembled at Clarendon, near Winchester, to give their assent to certain
resolutions which the King's judges had prepared in reference to the
questions at issue, and other things tending to increase the royal
authority. They are called in history "The Constitutions of Clarendon."
The gist and substance of them were, that during the vacancy of any
bishopric or abbey of royal foundation, the estates were to be in the
custody of the Crown; that all disputes between laymen and clergymen
should be tried in the civil courts; that clergymen accused of crime
should, if the judges decided, be tried in the King's court, and, if
found guilty, be handed over to the secular arm for punishment; that no
officer or tenant of the King should be excommunicated without the
King's consent; that no peasant's son should be ordained without
permission of his feudal lord; that great ecclesiastical personages
should not leave the kingdom without the King's consent.
"Anybody must see that these articles were nothing more nor less than
the surrender of the most important and vital privileges of the Church
into the hands of the King: not merely her properties, but her
liberties; even a surrender of the only weapon with which she defended
herself in extreme cases,--that of excommunication." It was the virtual
confiscation of the Church in favor of an aggressive and unscrupulous
monarch. Could we expect Becket to sign such an agreement, to part with
his powers, to betray the Church of which he was the first dignitary in
England? When have men parted with their privileges, except upon
compulsion? He never would have given up his prerogatives; he never
meant for a moment to do so. He was not the man for such a base
submission. Yet he was so worried and threatened by the King, who had
taken away from him the government of the Prince, his son, and the
custody of certain castles; he was so importuned by the bishops
themselves, for fear that the peace of the country would be
endangered,--that in a weak moment he promised to sign the articles,
reserving this phrase: "Saving the honor of his order." With this
reservation, he thought he could sign the agreement, for he could
include under such a phrase whatever he pleased.
But when really called to fulfil his promise and sign with his own hand
those constitutions, he wavered. He burst out in passionate
self-reproaches for having made a promise he never inten
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