The Plantagenet Prelude - Plaidy Jean - Страница 66

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He was always a little uneasy that Eleanor might discover Rosamund’s bower. And if she did? Then perforce she must suffer it. But he feared her in a way. She was no ordinary woman. There was a power about her, he had to admit. She still fascinated him as she had in the beginning of their relationship and it was because of Eleanor that he felt a need to keep Rosamund’s existence a secret.

He could not stay long or he would be missed and speculation would be rife.

There was to be a meeting of the Great Council and he had summoned this to Woodstock in order that he might enjoy a brief respite with Rosamund. Now he reluctantly said farewell to her and went back to take part in it.

Here a difference arose between the King and Thomas.

It was not a matter of great moment, but it was a sign of what was to come, like the rumble of distant thunder of an approaching storm.

The problem of raising taxes was always a pressing one.

Henry was not extravagant in his personal life; but he needed a constant supply of money to keep his armies in readiness, that he might go into action if need be at home in England and most certainly he would have at some time to maintain his overseas possessions.

It was the custom throughout the country to pay a tax which was quite small to the sheriff of the district. This had been in existence before the Norman conquest and Henry proposed that this tax instead of being paid to the sheriffs should come to the national exchequer.

There was an outcry among the landowners. The sheriffs were appointed by the King whom they paid handsomely for their appointments. Because of these taxes collected from every man who owned land in their area they grew rich very quickly.

Thomas said that if the tax was paid into the exchequer the sheriffs would demand it be paid to them also, so that any man who owned land would in effect be paying a double tax.

He had a great following and he did not think he would have any difficulty in making the King see his point.

Henry, however, aware of the sly comments of the Queen who had hinted that he was ready to be guided by his Archbishop, decided that he would not give way in this issue.

Thomas’s vast lands in the See of Canterbury gave him a big interest in the matter, and he spoke in favour of the landowners.

‘Saving your pleasure, my lord King,’ he told Henry at the Council, ‘we will not pay these monies as a tax.’

How dared Thomas defy him! How dared he stand up before the Council and deliberately state that he would not do what the King demanded!

‘By God’s eyes,’ cried the King, using the oath he favoured when his anger was mounting that it might be a warning to any who heard it not to provoke him further, ‘they shall be paid as a tax and entered in the King’s books.’

‘Out of reverence for the same eyes,’ replied Thomas, ‘they will not be paid on my land, and not a penny from any land which, by law, belongs to the Church.’

Here – even on such a small matter – was the conflict between Church and State showing itself.

Henry knew that he had lost. The Church had its laws outside the State.

Eleanor affected to be amused by the outcome.

‘It would seem your clever Archbishop has more power than the King.’

‘It is this matter of the law of the Church against the law of the State,’ he grumbled.

‘It is time that was changed,’ said Eleanor. ‘Is the King the ruler of his country or is the Archbishop of Canterbury?’

She did not help to soothe his resentment.

It was inevitable that another cause for friction should arise.

This took place very soon after the affair of the sheriff’s tax.

If a member of the Church committed a crime he was tried not by the King’s court of law but by a court set up by the Church. This was a matter which had long rankled among the high officials of the State. It was said that the courts set up by the Church were too lenient with their members, and that a much less harsh punishment was meted out to offenders than was the case in the secular court.

The case of Philip de Brois was an example.

This man was a canon who had been accused of murdering a soldier. This had taken place some time before, when Theobald was Archbishop and the diocesan court which had tried him had found him not guilty and acquitted him.

The matter was not allowed to rest. From time to time the King’s traveling judges visited various parts of the country in order to try and pass sentence on those who had committed crimes. It was this order instituted by Henry which had brought considerable law and order to the country and made the roads safe for travellers.

Several men who were convinced of the guilt of Philip de Brois captured him and brought him before the King’s Judge Simon Fitz-Peter.

De Brois, believing his case to have been settled, defied the Court. As a canon, he said, the King’s justiciary had no power over him and he demanded his release. He quoted the law and was released.

When the matter was reported to Henry he was furious.

‘The King’s justice has been insulted,’ he cried. ‘I’ll not allow this to pass. That man shall be taken and brought to trial and his judge shall be my justiciary Simon Fitz-Peter. We shall see how he fares then.’

News of what was happening was then brought to Thomas at Canterbury. He was still saddened by the matter of the sheriff ’s tax. These conflicts between himself and the King he had foreseen, and now there was this matter of the accused canon.

He was convinced that the law of the Church must stand, even though it angered the King. They had argued about it in the old days, but good-humouredly. Now it was a matter of putting their beliefs into practice.

The King had always said: ‘The State should be supreme.’

And Thomas: ‘In all matters but where it infringes on the law of the Church.’

‘Is the Pope then ruler of England?’ Henry had demanded.

‘The Pope is head of the Church wherever it may be.’

Thomas knew how that rankled! Henry was not the first king to seek to throw off the restraint.

‘Philip de Brois cannot be tried by the King’s justiciary,’

declared Thomas. ‘But since the King demands another trial he shall be tried in my own court at Canterbury.’

The King was powerless. He knew that Thomas had the law of the Church on his side and until that was altered he must give way.

The second time in a few months! This was what came of making Thomas Becket Archbishop of Canterbury.

At the court of Canterbury Philip de Brois was again acquitted of murder but for his contempt of the King’s court he was sentenced to be flogged. He also had to forfeit two years of his salary from the Church.

‘So,’ cried the King, ‘the Archbishop of Canterbury allows his clerics to murder as they will.’

‘In the Archbishop of Canterbury’s court Philip de Brois was acquitted of murder,’ was Thomas’s answer.

‘One law for the churchman, one for the layman,’ cried the King. ‘By God, I’ll have justice in my land.’

He was however a little appeased by the sentence which had been passed on Philip de Brois. At least it showed that the Church had some respect for the King’s court.

But the rift was growing.

The King, urged on by his wife and mother, determined to take his battle against the Church a step further.

He called together a council at Westminster and at this declared that if a cleric was guilty of a crime he should be given over to the King’s officers to be punished. He demanded that the bishops support him on this point for he was determined to maintain law and order in the land. The force with which he addressed the company gave no doubt of the determination with which he backed up his demands; and everyone knew that this was a direct stab at Thomas Becket.

The Archbishop of York, that Roger de Pont L’Eveque who during their sojourn in Theobald’s household had hated Thomas because he was jealous of him, saw an opportunity of doing considerable harm to the man who had now risen to the highest peak of power in the Church.

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