The Great Events by Famous Historians, Volume 06 - (From Barbarossa to Dante) by Unknown
page 37 of 539 (06%)
page 37 of 539 (06%)
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arraigned before his bishop, convicted of manslaughter,[29] and
condemned to make pecuniary compensation to the relations of the deceased. Long afterward, Fitz-Peter, the itinerant justiciary, alluding to the same case, called him a murderer in the open court at Dunstable. A violent altercation ensued, and the irritation of Philip drew from him expressions of insult and contempt. The report was carried to the King, who deemed himself injured in the person of his officer, and ordered De Brois to be indicted for this new offence in the spiritual court. He was tried and condemned to be publicly whipped, to be deprived of the fruits of his benefice, and to be suspended from his functions during two years. It was hoped that the severity of the sentence would mitigate the King's anger; but Henry was implacable: he swore "by God's eyes" that they had favored De Brois on account of his clerical character, and required the bishops to make oath that they had done justice between himself and the prisoner (A.D. 1163). In this temper of mind he summoned them to Westminster, and required their consent that, for the future, whenever a clergyman had been degraded for a public crime by the sentence of the spiritual judge, he should be immediately delivered into the custody of a lay officer to be punished by the sentence of a lay tribunal. To this the bishops, as guardians of the rights of the Church, objected. The proposal, they observed, went to place the English clergy on a worse footing than their brethren in any other Christian country; it was repugnant to those liberties which the King had sworn to preserve at his coronation; and it violated the first principle of law, by requiring that the same individual should be tried twice and punished twice for one and the same offence. Henry, who had probably anticipated the answer, immediately quitted the subject, and inquired whether they would promise to observe the |
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