or lounging in the straw and rushes that covered the
floor. For seven days the trial dragged on, as
lawyers and bishops and barons anxiously groped their
way through baffling legal problems which had grown
out of legislation new and old. Even the king
himself, fiery, imperious, dictatorial, clung with
a kind of superstition to the forms of legal process.
The archbishop asked leave to appeal to the Pope.
“You shall first answer in my court for the
injury done to John the marshal,” said Henry.
The next day, Thursday, this matter was decided.
Bishops and barons alike, lacking somewhat of the
king’s daring, shrank at first from the responsibility
of pronouncing judgment. “We are laymen,”
said the barons; “you are his fellow-priests
and fellow-bishops, and it is for you to declare sentence.”
“Nay,” answered the bishops, “this
is not an ecclesiastical but a secular judgment, and
we sit here not as bishops but as barons; if you heed
our orders you should also take heed of his.”
The dispute was a critical one, leading as it did
directly to questions about the jurisdiction of the
Curia Regis over ecclesiastical persons, and the obligation
asserted in the Constitutions of Clarendon, that bishops
should sit with barons in the King’s Court till
it came to a question of blood. The king was seized
with one of his fierce fits of anger, and the discussion
“immediately ended.” The unwilling
Bishop of Winchester was sent to pronounce sentence
of fine for neglect of the king’s summons.
Matters then moved quickly. A demand was made
for L300 which Thomas had received from Eye and Berkhampstead
when he was chancellor; and in spite of his defence
that it had been spent in building the palace in London
and repairing the castles, judgment went against him.
The next day a further demand was made for money spent
in the war of Toulouse, and this, too, Thomas agreed
to pay, though it was now hard to find sureties.
Then the king dealt his last blow. Thomas was
required to account for the sums he had received as
chancellor from vacant sees and abbeys. “By
God’s eyes,” the king swore, when the Primate
and the bishops threw themselves in despair at his
feet, he would have the accounts in full. He
would only grant a day’s delay for Thomas to
take counsel with his friends.
By this time there was no doubt of the king’s
purpose to force upon Thomas the resignation of his
archbishopric. The courtiers and lay barons no
longer thought it expedient to visit him, and the prelates
gave counsel with divided hearts. “Remembering
whence the king took you,” said Foliot, “and
what he has bestowed on you, and the ruin which you
prepare for the Church and for us all, not only the
archbishopric but ten times as much, if it were possible,
you should yield to him. It may be that seeing
in you this humility he may yet restore all.”
To this argument Thomas had curt answer. “Enough—it
is well enough known how you, being consulted, would
answer!” “You know the king better than