COBBETT'S COMPLETE COLLECTION OF State Trials. 1. Proceedings against THOMAS BECKET, Archbishop of Canterbury, for High Treason. 9 Henry II. A. D. 1163. [1 Brady's Complete History, 383. 2 Tyrrell, 312.] THE most satisfactory narrative of these Pro-Holy-rood Day, or the 14th of September ceedings is in Brady's History of England. After a short account of the previous life of Becket, he relates several instances of his oppressive, mischievous, and intolerable insolence and usurpation, after he was made Archbishop of Canterbury. He then proceeds thus : "The king, suspecting he might escape unpunished, commanded the Bishops and great men to meet at Northampton, the 3d day before the feast of Calixtus the Pope (which was the 12th of Oct. Fitz-Stephan (p. 21. col. 1.) says it was on the octaves of St. Michael, that is, on the 6th of October, and that he was there with the Archbishop, Octavu Sancti Michaelis, feria tertia, Concilii dicta die Rex aderat ; ipsa die venimus Northamtonam. - In this Council the Archbishop was accused upon the occasion of a Controversie between him and John Marshall (or the Marshall). This John demanded of the Archbishop a manor or farm, which was a member of one of his towns called Pageham: He came with the king's writ into the Archbishop's Court (to remove the suit, it may be supposed) where he could gain nothing, (as having no right, saith mine Author) and as the law then was, he proved the defect of the Archbishop's Court (that he had not right done him, as may be supposed) and swore upon a Tropaz, or Book of Old Songs (as Gervase of Canterbury calls it) which he drew from under his coat; and the Justices of the Archbishop's Court accused him for swearing upon that Book, whereas he ought to have sworn upon the Gospels.-John comes to the king and procures his Writ, by which the Archbishop was required to answer him in the King's Court, and the day appointed for his appearance was VOL, I. The Archbishop came not at the day, but sent to the king four knights, with his Letters, and the Letter of the Sheriff of Kent, attesting the injury of John, and the imperfection of his proof (that is, because he had sworn upon the Tropaz, and not upon the Gospels.)-The Monk of Canterbury reports he sent, duos legales homines per quos excusatus est, Quod citatus non venit ad Regis præsentiam; non enim contemptus fuit, sed infirmitate valida invitus retentus est. Two lawful men to make his Excuse that he appeared not before the king, that it was not out of contempt, but by reason he was unwillingly detained by great sickness. "However it was, the king was very angry, that he came not in his own person, to make the Allegations the knights brought, whom he treated with threats, as such that against the kings citation, brought into his Court false and frivolous excuses, and scarce let them go free though they had given security.-At the request of John he appointed another day, to wit, the first day of the Council, and sent his Writ to the Sheriff of Kent to cite the Archbishop, for the king would not write to him, because he would not salute him. Nor had he any other solemn Summons to the Council by Letter, according to ancient Custom. The Archbishop appeared, and said he was come by the king's command for the cause of John. The king replied that John was in his service at London, and would be there on the morrow, and then their cause should be discussed. Erat siquidem Johannes ille cum Thesauriis, & cæteris fiscalibus pecuniæ & publici æris Receptoribus Londoniis ad Scaccarium, &c. Ubi etiam placita Coronæ Regis tractantur; for this John was amongst the Officers of the Re- | ceipt of the Chequer in London, where also pleas of the king's Crown were handled or holden. That first day there was nothing more done between the king and archbishop, the king bad him go home, and return to his cause on the morrow. ac "On the second day, before all the Bishops, except the bishop of Rochester and another which were not then come, and all the earls and barons of England, and many of Normandy, Archiepiscopus lese Majestatis, Corona Regia arguitur. The Archbishop was cused of Treason, because as is said before, he was cited by the king in the Cause of John, and neither came, nor made a sufficient excuse. The Archbishop's defence signified nothing; yet he alledged the foresaid Injury of John, the proper Jurisdiction of the Cause, and the Integrity of his Court. "The king demanded Judgment; no Reason of the Archbishop was approved: it seemed to all, out of reverence to royal majesty, and the bond of liege homage, that the Archbishop made to the king, and from the fidelity and observance of terrene honor, which he had sworn to the king, that he made small Defence; because when cited by the king he neither came, nor by his messengers alledged any corporal infirmity, or necessary administration of any ecclesiastical office, that could not be deferred. And they condeinned him, to be in the king's mercy for all his moveable goods.-There was a Difference between the Bishops and Barons, who should pronounce Judgment, each of them imposed it upon other, excusing themselves. The Barons said, you Bishops ought to pronounce sentence, it belongs not to us, we are lay-men, you ecclesiastical persons. So he, you are his fellow priests, and fellow bishops. "To these things one of the Bishops answered, Yea it is rather your office than ours; for this is not an ecclesiastic Sentence, but a secular, we sit not here as Bishops, but Barons, we are barons, and you are barons; we are peers or equals here, (pares hic sumus). You cannot rely upon our Order, for if you have respect to that in us, you must also have regard to it in him, and then as we are Bishops, we cannot judge our Archbishop and lord. "The king hearing of this controversie about pronouncing Sentence: it was soon ended, and imposed upon the bishop of Winchester, who unwillingly pronounced it. Archiepiscopus autem quia sententiæ, vel Recordationi Curia Regis Anglie non licet contradieere, sustinuit, Consilio Episcoporum: addacta ad miligandum & honorandum regem solenni in manum ejus missione, quasi Concessionis Judicii; ut moris est. The Archbishop, because no man might contradict a Sentence, or Record made in the king of England's court, by advice of the bishops, submitted to it, and by a forced compliance, for the honour and mitigation of the king, solemnly put himself under his power, as it were granting and ac knowledging the Judgment, as the custom was. "Afterwards, on the same day, he was prosecuted for 3001. he had received, as he was Castellan, or Constable of the Castles of Eye in Suffolk, and Berkamstead in Hertfordshire. The Archbishop first waved the Action, by saying he was not cited for that matter. And further said, That he bad expended that money, and much more, in the reparations of the Palace of London, and those Castles, as might be seen. The king would not admit he had done this, and exacts Judgment. The Archbishop ready to please the king, and not willing such a sum of money should be the cause of anger between them; gave security by three lay-men, distinctly and severally, the earl of Glocester, William de Eynesford, and another, all his tenants. "On the third day, he was prosecuted at the king's suit for 500 marks lent him in the Army of Tholose; and for other 500 which he borrowed of a Jew upon the king's security; he was also prosecuted for all the profits of the Archbishoprick and other Bishopricks and Abbeys that were void during his Chancellorship: of all which he was commanded to make an account to the king. The Archbishop said he came not prepared to Answer this matter, nor was he cited concerning it, yet in time and place he would do to his lord the king according to right. The king exacts security upon that; he answered he ought to have the advice of his Suffragans and Clerks about it. The king yielded to it, and he departed. And from that day, neither Barons, nor Knights, came to his house or hostel, to visit him, having understood the king's mind by these proceedings. "On the fourth day, all the ecclesiastical persons came to the Archbishop's house, where he treated with the Bishops severally and apart, and with the Abbots severally and apart. The bishop of Winchester advised him to offer a Composition in Money, and try the king that way; 2,000 marks were offered but refused. Others encouraged him to maintain bravely the Liberties of the Church, but most persuaded a compliance with the king. "It is said they consulted very closely on the fifth day, which was Sunday, but the result of their Debates and Counsels not mentioned. On the sixth day the Archbishop fell sick, and the king hearing of it, sent all his earls and many barons, to demand of him his Resolution after these Consultations and Advices, and to know of him whether he would give Security to render an Account of what he received from the vacant Churches in the time of his Chancellorship, and stand to the Judgment of his Court in that matter. The Archbishop answered by the Bishops, That if he was not hindred by sickness, he would on the morrow come to the Court and do what he ought. "He came next day, and found the king in an inward chamber with the Bishops, who staid with him a long time, and with them Roger archbishop of York, who came last, that he might not be suspected to be one of the king's private counsellors, and advisers. The Archbishop sat in an outward room with his cross in his own hand, while all his suffragans, and the earls and barons, were called to the king. The Bishops in this Conference told the king, that the Archbishop when he advised with them, told them, they had used him very ill, and with the Barons treated him as an enemy, and not judged him justly, but after an unheard of manner, because for one absence (pro una absentia, quam supersisam dicunt) which they call a Delay or Default, and was not to be judged a Contumacy, they ought not to have condemned him in such a pecuniary mulct as that he should forfeit all his moveable goods to the king, or they should be in his mercy. The Bishops also told him that he had appealed to the Pope against this Sentence, and by the authority of the Pope forbidden them for the future to judge him in any secular accusation. "The king was very much moved at this relation, and sent the Earls and many Barons, to know of him whether he was the author of this appeal, and prohibition, especially seeing he was his Leige-man, and bound to him by a common and special Oath at Clarendon, 'That he would sincerely and legally observe his legal dignities, amongst which this was one, That the Bishops should be present at all his Trials or Sentences, except at Sentences of Blood. Ut Episcopi, omnibus ejus assint Judiciis, preterquam Judicio Sanguinis. They were also to know of him whether he would give pledges to stand to the Judgment of the king's Court concerning the Account of his Chancellorship. To which demands, this was his Answer, That he was indeed bound to the king by leige homage, fidelity, and oath, but the oath was chiefly sacerdotal; That in respect of God, he was in all due obedience and subjection, obliged to observe honor and fidelity toward him. Saving his obedience to God, his ecclesiastical dignity, and the episcopal honor of his person. That he declined the Suit, because he was not cited to yield an Account upon any other Cause, than that of John; neither was he bound to make Answer, or hear Judgment in any other. He confessed he had received many Administrations and Dignities from the king, in which he had faithfully served him, as well in England, as beyond sea, and had spent his own revenue in his service, and for the same contracted many debts. As to his putting in pledges or fidejussors to render an Account, he ought not to be compelled to that, because he was not adjudged to do it; nor had he any citation in the cause of Account, or any other except that of John the Marshal. And as to the Prohibition he that day made to the Bishops, and Appeal, he did acknowledge, that he said to his fellow bishops, That for one Absence, but not Contumacy, they had unjustly condemned him, contrary to the custom and example of antiquity, wherefore he appealed and forbad them, That depending the Appeal, they should not judge him in a Secular Accusation, or cause of things done, before he was Archbishop. And that he did then appeal, aud put his person and the Church of Canterbury under the protection of God, and the lord the Pope. "The king having received this Answer, urged the Bishops, by the homage they had done, and the fealty they had sworn to him, that together with the Barons, They would dictate to him a Sentence concerning the Archbishop, Ut simul cum Baronibus de Archiepiscopo sibi dictent Sententiam. They began to excuse themselves by reason of his Prohibition; the king was not satisfied, and said this his simple Prohibition ought not to hold against what was done and sworn at Clarendon. They reply, if they should not obey his Prohibition, he would censure them, and that for the good of the king and kingdom, they should obey the Prohibition. At length by the king's persuasion they went to the Archbishop.-And the Bishop of Chichester told him that lately at Clarendon, they were by the king called together, concerning the observation of his Royal Dignities, and lest they might doubt what they were, he shewed them those very Royal Custon's of which he spake, in writing, and that they promised their assent to, and observation of them. first, and afterwards his suffragans, by his conrmand. And when the king pressed them to swear to what they promised, and set to their seals for the confirmation of it, they answered, it ought to suffice for a Sacerdotal Oath, That they said in the Word of Truth, in good faith, without deceit, and lawfully,' they would observe them. Why do you now forbid us to be present at that Sentence, which he commands us? Upon this Grievance, and lest you may add any thing to our injury, we will appeal to the Pope, and for this time give obedience to your Prohibition. He "The Archbishop answered him he would be present at the prosecution of the Appeal, and that there was nothing done at Clarendon by them or him, (nisi salvo honore Ecclesiastico) in which their Ecclesiastic honor was not saved. 'Twas true, he said, that they promised, in good faith, without deceit, and lawfully, to observe those Determinations, and by those words, the Dignities of their Churches, which they received by the Pontifical law, were safe. For whatsoever was against the true faith of the Church, and against the laws of God, could not in bona fide, & legitime observari; in good faith, and lawfully be observed. Also a Christian king hath no Dignity, by the use whereof the liberty of the Church, which he hath sworn to maintain, must perish. Further, those which you call Royal Dignities, were sent to the Pope to be confirmed, and brought back, rather disallowed than allowed by him: he hath shewn us an example, and taught us that we should do so, being ready with the Roman Church, to receive what that receives, and to refuse what that refuseth. Yet further, if we failed in any thing at Clarendon, for the flesh is weak,' we domestic clerks. The rest of that day was be deprived of his benefice, and all his life ought to take courage, and by the virtue of the Holy Spirit to strive against the old Enemy, who endeavours, that he which stands may fall, and that he which hath fallen may not rise.' If we promised any injust things there, or confirmed them in the Word of Truth, you know, such unlawful stipulations do not oblige. "The Bishops return to the king in peace, being excused from judging the Archbishop; they sit apart from the Barons; nevertheless, the king exacts Judgment of the Earls and Barons concerning him. Evocantur quidam Vicecomites, & secundæ dignitatis Barones, antiqui dierum, ut addantur eis, & assint Judicio. Certain Sheriffs are called, and ancient Barons of a second Rank or Dignity, to be added to them, and to sit in Judgment, after a little while, Proceres ad Archiepiscopum redeunt. The noblemen return to the Archbishop, and the earl of Leicester pressing some of them to pronounce Sentence, who refused it; began to repeal the business of Clarendon very particufarly, as the Bishop of Chichester had done before. Quasi inde manifesta erat regia majestatis læsio, & promissionis in verbo veritatis ibi facta transgressio, as if he had been guilty of manifest Treason, or had broken his promise in ce bo veritatis there made, and bad the Arch-law in that case, who commanded he should bishop hear his Sentence.--But the Archbishop not willing to forbear any longer, said, What is it that ye will do? Come ye to judge me? ye ought not. Judicium est sententia lata post Contraversiam. Ego hodie nichil, dixi ut in Causa. Judgment is Sentence given after the Controversie or Tryal. I said nothing this day as to the Cause. I have been cited for no Cause except that of John, who tried it not with me, and therefore you cannot judge me. "At the same time one Philip de Lydrois a I am your father, ye are noblemen of the Canon (of what Church it is not said) reCourt, of lay power, secular persons, I will not proached the king's Justiciarie, for which he hear your Judgment.' The noblemen retired, was not only exasperated against him, but the and the Archbishop went his way to the Mo-whole clergy. The Archbishop punished this nastery of St. Andrews in Northampton, and Herbert and William Fitz-Stephan with him. "The king hearing of his departure, caused proclamation to be made in the streets, That no man should give him, or any of his retinue ill language, or molest them any ways. After supper that night, he sent three Bishops to ask licence and safe conduct from the king for his departure, who told them they should have his Answer in the morning; but he fearing some ill from that delay, dare not stay.-This was the seventh day of his appearing in Court, and that night, he went away without Licence, only accompanied with two servants, without either clerk or knight. On the morrow, when his flight was known to the king and all the council, they considered what was needful to be done, and the Archbishop was permitted to enjoy all the revenues of the Church of Canterbury, because both sides had appealed. The king sent presently beyond sea to the pope, the archbishop of York, and four bishops, Gilbert of London, Hilary of Chichester, Bartholomew of Exeter, Roger of Worcester, and two earls, and two Barons with three of his Clerk, by causing him to be whipped with rods, "The Archbishop with the Bishops of bis province, having consulted their learned men, being much concerned for the Liberty of the Roger archbishop of York, who came last, that he might not be suspected to be one of the king's private counsellors, and advisers. The Archbishop sat in an outward room with his cross in his own hand, while all his suffragans, and the earls and barons, were called to the king. The Bishops in this Conference told the king, that the Archbishop when he advised with them, told them, they had used him very ill, and with the Barons treated him as an enemy, and not judged him justly, but after an unheard of manner, because for one absence (pro una absentia, quam supersisam dicunt) which they call a Delay or Default, and was not to be judged a Contumacy, they ought not to have condemned him in such a pecuniary mulct as that he should forfeit all his moveable goods to the king, or they should be in his mercy. The Bishops also told him that he had appealed to the Pope against this Sentence, and by the authority of the Pope forbidden them for the future to judge him in any secular accusation. "The king was very much moved at this relation, and sent the Earls and many Barons, to know of him whether he was the author of this appeal, and prohibition, especially seeing he was his Leige-man, and bound to him by a common and special Oath at Clarendon, That he would sincerely and legally observe his legal dignities, amongst which this was one, That the Bishops should be present at all his Trials or Sentences, except at Sentences of Blood. Ut Episcopi, omnibus ejus assint Judiciis, preterquam Judicio Sanguinis. They were also to know of him whether he would give pledges to stand to the Judgment of the king's Court concerning the Account of his Chancellorship. To which demands, this was his Answer, That he was indeed bound to the king by leige homage, fidelity, and oath, but the oath was chiefly sacerdotal; That in respect of God, he was in all due obedience and subjection, obliged to observe honor and fidelity toward him. Saving his obedience to God, his ecclesiastical dignity, and the episcopal honor of his person. That he declined the Suit, because he was not cited to yield an Account upon any other Cause, than that of John; neither was he bound to make Answer, or hear Judgment in any other. He confessed he had received many Administrations and Dignities from the king, in which he had faithfully served him, as well in England, as beyond sea, and had spent his own revenue in his service, and for the same contracted many debts. As to his putting in pledges or fidejussors to render an Account, he ought not to be compelled to that, because he was not adjudged to do it; nor had he any citation in the cause of Account, or any other except that of John the Marshal. And as to the Prohibition he that day made to the Bishops, and Appeal, he did acknowledge, that he said to his fellow bishops, That for one Absence, but not Contumacy, they had unjustly condemned him, contrary to the custom and example of antiquity, wherefore he appealed and forbad them, That depending the Appeal, they should not judge him in a Secular Accusation, or cause of things done, before he was Archbishop. And that he did then appeal, and put his person and the Church of Canterbury under the protection of God, and the lord the Pope. "The king having received this Answer, urged the Bishops, by the homage they had done, and the fealty they had sworn to him, that together with the Barons, They would dictate to him a Sentence concerning the Archbishop, Ut simul cum Baronibus de Archiepiscopo sibi dictent Sententiam. They began to excuse themselves by reason of his Prohibition; the king was not satisfied, and said this his simple Prohibition ought not to hold against what was done and sworn at Clarendon. They reply, if they should not obey his Prohibition, he would censure them, and that for the good of the king and kingdom, they should obey the Prohibition. At length by the king's persuasion they went to the Archbishop.-And the Bishop of Chichester told him that lately at Clarendon, they were by the king called together, concerning the observation of his Royal Dignities, and lest they might doubt what they were, he shewed them those very Royal Customs of which he spake, in writing, and that they promised their assent to, and observation of them. first, and afterwards his suffragans, by his conrmand. And when the king pressed them to swear to what they promised, and set to their seals for the confirmation of it, they answered, it ought to suffice for a Sacerdotal Oath, That they said in the Word of Truth, in good faith, without deceit, and lawfully,' they would observe them. Why do you now forbid us to be present at that Sentence, which he commands us? Upon this Grievance, and lest you may add any thing to our injury, we will appeal to the Pope, and for this time give obedience to your Prohibition. He "The Archbishop answered him he would be present at the prosecution of the Appeal, and that there was nothing done at Clarendon by them or him, (nisi salvo honore Ecclesiastico) in which their Ecclesiastic honor was not saved. 'Twas true, he said, that they promised, in good faith, without deceit, and lawfully, to observe those Determinations, and by those words, the Dignities of their Churches, which they received by the Pontifical law, were safe. For whatsoever was against the true faith of the Church, and against the laws of God, could not in bona fide, & legitime observari; in good faith, and lawfully be observed. Also a Christian king hath no Dignity, by the use whereof the liberty of the Church, which he hath sworn to maintain, must perish. Further, those which you call Royal Dignities, were sent to the Pope to be confirmed, and brought back, rather disallowed than allowed by him: he hath shewn us an example, and taught us that we should do so, being ready with the Roman Church, to receive what that receives, and to refuse what that refuseth. Yet further, if we failed in any thing at Clarendon, for the flesh is weak,' we |