FFL Quotes: History of England, David Hume, 1762, Vol.1, Ch.8, Section 3d, The Becket controversy, Part 4

          http://www.gutenberg.org/cache/epub/10574/pg10574-images.html

NOTE: The chapters in the text of Hume's History of England are not subdivided into Sections, as my posts will be. The Sections will broadly (not always exactly) correspond with the subdivisions of the LibraVox recording of the book to which I am listening.

Abuses of the civil power against a single individual

I'm convinced this was an important conflict, especially when it come to question of civil vs ecclesiastical power. So I organized the text with Sub-Headings to help me understand the proceedings.  

HENRY ABOVE-AND-BEYOND#1

"The king was not content with this sentence, however violent and oppressive. Next day, he demanded [another sentence] of Becket the sum of three hundred pounds, which the primate had levied upon the honours of [the castles of] Eye and Berkham, while in his possession. [...]"

David Hume, History of England, Vol.1, Ch.8, Section 3, 1762 (italics added)

BECKET RESPONSE to HENRY ABOVE-AND-BEYOND#1

"[...] Becket, 

after premising that he was not obliged to answer to this suit, because it was not contained in his summons; 

after remarking that he had expended more than that sum in the repair of those castles, and of the royal palace at London; [if Henry's demand was short of the amount needed to square the account, according to Becket's memory]

expressed however his resolution, that money should not be any ground of quarrel between him and his sovereign; he agreed to pay the sum; and immediately gave surety for it."

HENRY ABOVE-AND-BEYOND#2, 3, 4

"[...] In the subsequent meeting, the king demanded five hundred marks, which, he affirmed, he had lent Becket during the war at Toulouse [h]; 

   and another sum in the same amount for which that prince had been surety for him to a Jew. 

   Immediately after these two claims, he preferred a third of still greater importance: he required him to give in the accounts of his administration while chancellor, and to pay the balance due from the revenues of all the prelacies, abbeys, and baronies, which had, during that time, been subjected to his management. [...]" [an audit]

HUME's COMMENTARY ON THE AUDIT

"It is apparent, from the known character of Henry, and from the usual vigilance of his government, that, when he promoted Becket to the see of Canterbury, he was on good grounds, well pleased with his administration in the former high office with which he had entrusted him; and that, even if that prelate had dissipated money beyond the income of his place, the king was satisfied that his expenses were not blameable, and had in the main been calculated for his service. Two years had since elapsed; no demand had, during that time, been made upon him; it was not till the quarrel arose concerning ecclesiastical privileges that the claim was started, and the primate was, of a sudden, required to produce accounts of such intricacy and extent before a tribunal which had showed a determined resolution to ruin and oppress him. To find sureties that he should answer so boundless and uncertain a claim, which in the king's estimation amounted to forty-four thousand marks, was impracticable; and Becket's suffragans were extremely at a loss what counsel to give him in such a critical emergency.[...]"

BECKET'S RESPONSE TO HENRY'S ABOVE-AND-BEYOND#4, Part 1

"By the advice of the Bishop of Winchester, he offered two thousand marks as a general satisfaction for all demands: but this offer was rejected by the king. 

   Some prelates exhorted him to resign his see, on condition of receiving an acquittal: 

   others were of opinion that he ought to submit himself entirely to the kings mercy: 

   but the primate, thus pushed to the utmost, had too much courage to sink under oppression: he determined to brave all his enemies, to trust to the sacredness of his character for protection, to involve his cause with that of God and religion, and to stand the utmost efforts of royal indignation.

   

BECKET'S RESPONSE TO HENRY'S ABOVE-AND-BEYOND#4, Part 2

1) "After a few days spent in deliberation, Becket went to church and said mass, where he had previously ordered that the introit to the communion service should begin with these words, PRINCES SAT, AND SPAKE AGAINST ME; the passage appointed for the martyrdom of St. Stephen, whom the primate thereby tacitly pretended to resemble, in his sufferings for the sake of righteousness."

2) "[...] He went thence to court, arrayed in his sacred vestments: as soon as he arrived within the palace gate, he took the cross into his own hands, bore it aloft as his protection, and marched, in that posture, into the royal apartments. The king, who was in an inner room, was astonished at this parade, by which the primate seemed to menace him and his court with the sentence of excommunication; and he sent some of the prelates to remonstrate with him on account of such audacious behaviour. [...]"

3) "[...] These prelates complained to Becket, that, by subscribing himself to the constitutions of Clarendon, he had seduced them to imitate his example; and that now, when it was too late, he pretended to shake off all subordination to the civil power, and appeared desirous of involving them in the guilt which must attend any violation of those laws, established by their consent, and ratified by their subscriptions. 

   Becket replied, 

   that he had indeed subscribed the constitutions of Clarendon, LEGALLY, WITH GOOD FAITH, AND WITHOUT FRAUD OR RESERVE; but in these words was virtually implied a salvo for the rights of their order, which, being connected with the cause of God and his church, could never be relinquished by their oaths and engagements: 

   that if he and they had erred in resigning the ecclesiastical privileges, the best atonement they could now make was to retract their consent, which, in such a case, could never be obligatory, and to follow the pope's authority, who had solemnly annulled the constitutions of Clarendon, and had absolved them from all oaths which they had taken to observe them: 

   that a determined resolution was evidently embraced to oppress the church; 

   the storm had first broken upon him; for a slight offence, and which too was falsely imputed to him, he had been tyrannically condemned to a grievous penalty; a new and unheard-of claim was since started, in which he could expect no justice; and he plainly saw, that he was the destined victim, who, by his ruin, must prepare the way for the abrogation of all spiritual immunities; 

   that he strictly inhibited them who were his suffragans from assisting at any such trial, or giving their sanction to any sentence against him; he put himself and his see under the protection of the supreme pontiff; and appealed to him against any penalty which his iniquitous judges might think proper to inflict upon him: and that, however terrible the indignation of so great a monarch as Henry, his sword could only kill the body; while that of the church, intrusted into the hands of the primate, could kill the soul, and throw the disobedient into infinite and eternal perdition."

HUME'S COMMENTARY
"Appeals to the pope, even in ecclesiastical causes, had been abolished by the constitutions of Clarendon, and were become criminal by law; but an appeal in a civil cause, such as the king's demand upon Becket, was a practice altogether new and unprecedented; it tended directly to the subversion of the government, and could receive no colour of excuse, except from the determined resolution, which was but too apparent, in Henry and the great council, to effectuate, without justice, but under colour of law, the total ruin of the inflexible primate. The king, having now obtained a pretext so much more plausible for his violence, would probably have pushed the affair to the utmost extremity against him; but Becket gave him no leisure to conduct the prosecution. [...]"