Thematic Divisions in Book 4
1. Lanfranc2. Gregory VII3. William the Conqueror4. William Rufus5. Henry I6. Stephen and Henry II7. Frederick Barbarossa8. Thomas Becket9. Becket's letters10. Becket's martyrdom and miracles11. Events of 1172-7812. Waldensians13. Other incidents of Henry II's reign14. First year of Richard I's reign15. Strife at Canterbury16. Richard I and Third Crusade17. William Longchamp18. King John19. Henry III's early reign20. Innocent III and mendicant orders21. Papal oppression of the English Church22. Albigensian Crusade23. Hubert de Burgh24. Gregory IX25. Schism between Greek and Latin Church26. Papal exactions from England27. Louis IX on Crusade28. Frederick II29. Opponents of Papacy30. Robert Grosseteste31. Aphorisms of Robert Grosseteste32. Persecution of Jews33. Papal oppression and Alexander IV34. Conflicts in universities and mendicant orders35. Henry III and the barons36. Battle of Lewes37. Battle of Evesham38. End of baronial war39. Ecclesiastical matters and Edward prince of Wales goes on crusade40. Foreign events in Henry III's reign41. First seven years of Edward I's reign42. War with Scotland43. Philip IV and Boniface VIII44. Events of 1305-745. Cassiodorous's letter46. Pierre de Cugniere47. Death of Edward I48. Piers Gaveston49. The Despensers and the death of Edward II50. John XXIII and Clement VI51. Rebellion in Bury St. Edmunds52. Edward III and Scotland53. Edward III and Philip VI54. Edward III and Archbishop Stratford55. Events of 1341-556. Outbreak of the Hundred Years War57. Anti-papal writers58. Quarrel among mendicants and universities59. Table of the Archbishops of Canterbury
Critical Apparatus for this Page
None
Names and Places on this Page
Unavailable for this Edition
280 [280]

K. Henry the. 2. Lawes and customes of the king.

yeares. But the king was not content with this gentle punishment, because it rather encreased their boldnes: & therfore he called the archbishop, bishops, & al þe clergy to assemble at Westminster. When they were assēbled together: the king earnestlye commaunded, that suche wicked clerkes should haue not priuilege of their clergye but be deliuered to the Iaylers, because they passed so little of that spirituall correction: and this he sayd, also their own canons and lawes had decreed. The archbyshop counseling with his bishops and learned men, answered probably: & in the end desired hartely the kinges gentlenes (for the quietnes of him selfe and hys realme) that vnder Christ our new king, and vnder the new law of Christ, he woulde bring in no newe kynde of punishment into his realme (vpon the newe and chosen people of the Lord) agaynst the old decrees of the holy fathers: And oft he said, that he neither ought nor could suffer it. The king moued therwith (and not withoute cause) alledgeth agayne and exacteth the old lawes and customs of hys graūdfather, obserued and agreed vpon by archbishops, bishops, prelates, and other priuileged persons: inquyring lykewise of hym, whether he would agree to þe same, or els now (in hys raign) would condemne that whych in the raygne of his graundfather was well allowed. To which lawes and customes, the said Thomas dyd partly graunt, and partly not graunt. The copye of the whyche foresayde lawes are contayned in the number of. xxviij. or. xxix. whereof I thought here to recite certayne, not vnworthy to be knowne.

[Back to Top]
¶ The Copie of the old lawes and customes, wherunto Thomas Becket, did graunt.

Marginalia1
The kings customes.
THat no orders should be geuē to husband mens children or bondmens children, without the assent or testimoniall of thē which be the lords of þe coūtrey where they were borne & brought vp: & if their sonnes become clerkes, they shall not receyue the order of priesthode, without licence of their Lords.

[Back to Top]

Marginalia2
Out of an Englishe chronicle it appeareth, drawē out of a frenche by erle Ryuers lord Scales.
And if a man of holy churche, hold any lay see in hys hand: he shall do therfore, the kyng the seruice that belongeth therto, as vpon Iuries, assise of landes, & iudgementes: sauyng onely, at execution doyng of death.

[Back to Top]

Marginalia3If any man were the kynges traytor, and had taken the church: that it shoulde be lawfull to the kyng & hys officers to take hym out.

Marginalia4Also if any fellōs goods were brought to holy church, that they should none such kepe there: for euery fellons goodes ben the kynges.

Marginalia5That no land should be giuen to the church, or to any house of religion, without the kynges licence.

¶ These articles following, Thomas agreed not vnto.

Marginalia1IF that betwene a clerke, and a lay man, were any striuyng for churche goodes, they would the ple should be done in the kings court.

Marginalia2That there should neither byshop nor clerke, go out of the land without the kyngs licence: And thē he should sweare vpon a boke, he shoulde procure no hurt against the kyng nor none of his.

Marginalia3If any man were denoūced accursed, and were come agayne to amendement: the kyng would not, that he should be sworne, but onely finde sureties to stād to that holy churche should awarde.

Marginalia4The fourth, that no man that held of the kyng in chief or in seruice, should be accursed without þe kyngs licēce.

Marginalia5That all the bishoprikes and abbeyes that were vacant, should be in the kynges handes vntill such tyme that he should chuse a prelat therto: and he should be chosen out of þe kyngs chappels, and first before he were confirmed, he should do his homage to the kyng.

Marginalia6If any ple were to consistory brought, they should appele from thence to the archdeacō: and from thence to the bishops court: and frō the bishops court, to the archbishops: and from thence to the king, and no further: So that in conclusion the complaintes of holy church, mustcome before the kyng and not the pope.

[Back to Top]

Marginalia7That all debtes, that were owyng through trouth plyght, should not be pledid in spirituall but in temporall court.

Marginalia8That the Peters pence, which to the pope were gathered should be taken to the kyng.

Marginalia9If any clerke for felonie were taken, and so proued: he should be first disgraded, & then through iudgement, to be hanged, or if he were a traytor to be drawen.

¶ Other lawes and constitutions made at Claredoun in Normandy, and sent to England, wherunto Becket and the Pope would not agree He beyng then fled out of the realme.

Marginalia1
The lawes of Claredoun.
IF any person shall be found to bryng from the Pope or from the archbishop of Canterbury, any wrytyng conteining any indict or curse agaynst þe realme of England: the same man to be apprehēded without delay, for a traitor, and execution to be done vpon the same.

Marginalia2That no monke, nor any clerke shalbe permitted to passe ouer into England, without a passeporte from the kyng or his Iustices: who so doth contrary, that man to be tached and inprisoned.

Marginalia3No man to be so bold once to appeale to the pope, or to the archbishop of Canterbury, out of England.

Marginalia4That no decree, or commaundement procedyng from the autoritie of the pope or the bishop of Canterbury, to be receaued in England, vnder payne of takyng and inprisonyng.

Marginalia5In generall, to forbid any man to cary ouer any cōmaundement or precept (either of clerke) or layman, to the pope or to the archbishop of Cāterbury, vnder paine of inprisonment.

Marginalia6If any bishop, clerke, abbot, or lay man shall do contrary to this inhibition: or will kepe the sentence of interditing: the same incontinent to be thrust out of the land, with all theyr kynred, and to leaue all theyr goodes behynd them.

Marginalia7All the possessions, goods and cattell of such as fauour the pope, or the archbishop of Cāterbury, to be seazed and confiscat for the kyng.

Marginalia8All such of the clergy, as be out of the realme hauing their rents and profites out of þe land: to be somoned and warned through euery shyre, within three monethes to repaire home: either els their rentes and goodes to returne to the kyng.

Marginalia9That saint Peters pence, should be no more payde to the Apostolicall see, but to be reserued diligētly in the kynges cofers, and there to be at his commaundement. Atq̀ hæc Quadrilogo.

Marginalia10That the bishops of Salesbury and Norwich, be at the kinges mercy: and be somoned by the Shryf and bedels, that they before the kynges iustices, do right to the kyng and hys iustices: because (contrary to the statutes, of Clarendon) by commaundement they interdicted the land of Hugh Earle, & published þe same in their dioces without licence of the kynges iustice.

[Back to Top]

By these and suche other lawes and decrees it may appeare: that the abolishyng of the pope, is no new thyng in the realme of England. This onely difference there is, þt the pope beyng driuen out then, could not be kept out so longe as now he is. The cause is, þt the tyme was not yet come, that Antichrist should so fully be reuealed. Neither was hys wickednes then so fully ripe in those dayes, as it hath ben now in our tyme. Now these premised, let vs returne where we left, to the matter betwixt the kyng and Thomas Becket.

[Back to Top]
¶ The communication and controuersie betwene the king and T. Becket with hys cleargye.

THe kyng as is aforesaid, conuentyng hys nobles and clearkes together, required to haue the punishmente of certayne misdoers of the clergie. But Thomas Becket not assenting therunto: the king came to this point:

to
A.j.