5. S2013 Henry, Becket and the Law


Published on

The reign of Henry II as he pursues the goals of ridding the land of adulterine (unauthorized) castles and criminous clerks. The attempt to separate secular and religious court systems runs into opposition from Becket.

1 Comment
  • This presentation was very good well done. also i needed to research something about thomas becket for my exam so i came across this and read it it was very good well done u didnt rush it. next time i didnt really get wat it meant cos it was in french and there wasnt much information about thomas becket and henry so next time plz cn u do dat? plz reply bck if u could make another one.
    Are you sure you want to  Yes  No
    Your message goes here
  • Be the first to like this

No Downloads
Total views
On SlideShare
From Embeds
Number of Embeds
Embeds 0
No embeds

No notes for slide
  • Pope Benedict XVI continued his series of talks on medieval monastic theologians and writers. On 16th December 2009 his talked at the General Audience was devoted in full to John of Salisbury. Stanford Encyclopedia of PhilosophyJohn's Policraticus reflects knowledge and insight that could only have come with practical experience; it was considered an authoritative text in political philosophy for centuries.The Policraticus is John's massive, eight-book attempt to discuss all aspects of ethical and political life. Its topics vary from whether it is permissible to kill a tyrant to whether it is permissible to tell off-color jokes at dinner parties.In the course of developing and elaborating his ideas, John rarely develops an explicit argument. Instead, he presents litanies of exempla, excerpts from classical and sacred authorities. The use of exempla is the practical embodiment of John's Academic skepticism and probabilism: because he does not wish to appear to pass dogmatic judgment on doubtful questions, he lines up the pronouncements of the wise in support. Although salvific happiness in not attainable in this life, John describes three necessary conditions for its attainment: we must“worship God, attend to the justifications of the Lord, and delight in the cognizance of one's own good works” (Poli VIII 8 n158). Proper worship is the regulation of one's spiritual life; one must love God and worship correctly.As for virtue, John's rule is moderation in all things. The virtuous person is moderate in his or her use and enjoyment of what the world has to offer. Hunting, feasting, and the other entertainments of courtiers are acceptable recreation so long as they are done in moderation and do not conflict with duties.In John's theory the state is a body, an organic, integrated whole unified for the good of its members. Each office in the state, or role in the society, is likened to a part of the body and its functions are described analogously. The state can be divided into three tiers: first, those who exert some governmental authority, second, those who perform governmental functions, and third, everyone who is governed but not part of government. In the primary tier the prince is the head, with governors and judges acting as the eyes and mouth, the senate as the heart, and the church as the soul. The second tier of the state is likened to the body's hands, internal organs, and flanks. Soldiers, sheriffs, tax collectors, and so on are the hands. Officials who make up the bureaucratic machine of government are the internal organs. The flanks are the courtiers. The remainder, or third tier, of the citizenry are the peasants and craftsmen rather than any kind of merchant middle class. These constitute the feet.One of the most famous aspects of John's Policraticus is his claim that it is just to slay a tyrant. This view is somewhat surprising on its face and the precise meaning is obscured by seemingly contradictory claims. For these reasons, there is considerable doubt as to what John's real views were. There are several commentators who believe that John does not in fact advocate tyrannicide but merely points out that tyrants come to bad ends (Larhoven 1984). In Policraticus book 8, John approves of the senatorial execution of Julius Caesar, the military execution of Caligula, the execution of Julian by Mercurius, and of Holofernes by Judith
  • 5. S2013 Henry, Becket and the Law

    1. 1. Henry II
    2. 2. PlantagenetsAngevins French Broom Genista monspessulana
    3. 3. Eleanor ofAquitaine
    4. 4. England toAquitaine
    5. 5. England Divided
    6. 6. Castles• Most continue to be motte and bailey• Replacement of wood palisade with stone – shell keep Norwich attrib. Henry I Soldiers Knights Chapel
    7. 7. Wiston Castle, Wales
    8. 8. Adulterine CastleScarborough
    9. 9. Henry IIHenry crowned• Return to policies of Henry I• Appointment of Chancellor – Thomas Becket
    10. 10. Matilda• Continues to be a major influence on Henry Epitaph 1169 "Here lies Henrys daughter, wife and mother; great by birth, greater by marriage, but greatest in motherhood."
    11. 11. 1154 Henry II KingAppointments• Richard de Lucy – Royal Justiciar• Robert de Beaumont –Co-justiciar[Chief political and judicial officers]• Thomas a Becket, Chancellor
    12. 12. King Henry II - Goals• Destruction of adulterine castles• Rule of law• Continue his grandfather’s organization of the court system
    13. 13. Chancellor• Chief Administrative Officer• Authorize payments in the absence of King• Travel with King – sometimes• Ambassador
    14. 14. Becket the Chancellor• Mission to Paris• Mission to Toulouse• Battle Abbey conflict
    15. 15. Becket the Archbishop• 1162 After a year of vacancy, Becket appointed to Canterbury –Logical successor as archdeacon –Loyal –Efficient administrator –Showy but frugal, pious and chaste
    16. 16. Becket the Archbishop• 1163 Henry supports council with Pope at Tours• Becket resigns as chancellor – symbolic• Promotes sainthood for Anselm• Makes claims against barons
    17. 17. John of Salisbury (~1115-1176)• Aide to archbishops of Canterbury• Metalogicon (In Defence of Logic) – Advocacy of mass communication• 1159 Policraticus (The Man of Government) – Divine right of kings/responsibilities
    18. 18. A Common Law• Common across jurisdictions• Common across time – Respect for precedent
    19. 19. Criminous Clerks• Minor clergy combine secular roles• Poorly trained (and paid?) parish priests• 1163 Council of Westminster• 1164 Constitutions of Clarendon
    20. 20. Constitutions of Clarendon• Certain controversies between lay and clergy should be treated in royal court.• Clergy should be tried in the royal court for non-church offenses.• Archbishops, bishops, and parsons of the kingdom are not permitted to go out of the kingdom without the license of the lord king
    21. 21. Constitutions of Clarendon• Laymen should not be accused except through known and lawful accusers and witnesses in the presence of the bishop.• If the guilty persons are such that no one wishes or dares to accuse them, the sheriff, on being asked by the bishop, shall have twelve lawful men from the neighborhood… set forth the truth in the matter according to their own knowledge
    22. 22. Constitutions of Clarendon• Appeals… should proceed from the archdeacon to the bishop, and from the bishop to the archbishop. And if the archbishop fails to provide justice, recourse should finally be had to the lord king• When an archbishopric, [etc.] within the kings gift becomes vacant, it should be in his [the king’s] hands; and he shall thence take all revenues and income just as from his own demesne.
    23. 23. Law and Order1166 Assize of Clarendon – Judicial procedures1170 Inquest of sheriffs – Sheriffs as agents of the Crown
    24. 24. CourtsKing’s BenchCriminal cases and disputes between citizens and KingLater, court of appeals
    25. 25. Courts• Exchequer• Exchequer of the Jews [after Richard I]
    26. 26. The Courts Court of Common Pleas • 1178 Five justices to hear civil disputes between individuals • Distinct from cases involving the Crown Mss. ~1460http://courts.state.de.us/CommonPleas/history.stm
    27. 27. 1176 Assize of Novel Disseisin• Process to achieve justice for a claim of wrongful dispossession.Jury1. Was the plaintiff disseised?2. Did the defendant do it?Justice would decide penalty based onfinding.
    28. 28. Mort d’Ancestor• Continuation of possession by heirs• Jury to decide rival claims• Tenant could show cause why claimant was not eligible• Unsuccessful claimant subject to fines
    29. 29. Judgment• Decision embodied in chirograph
    30. 30. Later Chirograph with Foot
    31. 31. Royal Land - Grand Assize• Alternative chosen by tenant to trial by battle.• Jury of 12 knights – view disputed property – recognize greater right
    32. 32. Criminal Law• Juries of ‘presentment’ – Private appeal by injured party – Public appeal – Indictment of serious criminals – Ordeal of water – Survivors who were still suspected could be banished or have to provide guarantors.
    33. 33. The „Good Old Days‟ Crime - Lincolnshire 1202 c.2000 population ~200,000 population 600,000• 114 homicides • 90 homicides• 89 robberies • 184 robberies• 65 woundings • 3800 assaults• 42 rapes • 50 rapes
    34. 34. Becket vs. Henry• Habit of lavish expenditure• Traditional first loyalty of bishops to Church
    35. 35. 1164 Becket vs. Henry• Thomas, archbishop of Canterbury, made answer for himself and the others, that they would receive those laws which the king said were made by his grandfather, and with good faith would observe the same; saving their orders and the honor of God and of the Holy Church in all respects• Becket accedes upon mediation• Becket refuses to sign.
    36. 36. 1165 Council at Northampton Gilbert Foliot
    37. 37. Becket in Exile
    38. 38. Becket in Exile• Appeals to the Pope• Counter appeals by bishops loyal to Henry• Collaboration with Louis of France
    39. 39. Becket Returns• 1169 Conference at Montmirail• Montmartre• 1170 Coronation of Henry, the ‘Young King’ by Archbishop of York• Reconciliation? Possibility of repeat coronation• Becket’s paranoia
    40. 40. “Who will rid meof this turbulentpriest.”29 December 1170
    41. 41. Becket the SaintCanonized 1173