Gilbert Foliot - Becket's Exile

Becket's Exile

During Becket's exile Foliot collected and sent to Rome Peter's Pence, the annual payment from England to the papacy. Foliot observed during the conflict that it was not a theological or moral dispute, merely one over church government. During Becket's exile, the king confiscated the archbishop's estates, and also confiscated the benefices of the clerks who had followed Becket into exile. Foliot was made custodian of those benefices in the diocese of Canterbury. Becket blamed both Foliot and Roger of York for the confiscations, but evidence appears to show that the confiscations were Henry's decision, and that Foliot, at least, was a conscientious custodian who made sure that little profit went to the king, and most of the revenues from the benefices went to religious purposes.

In early summer 1165, Pope Alexander III wrote twice to Foliot, ordering him to intercede with the king and protest the royal injunction against appeals to the papacy. Foliot replied that the king respected the pope, heard his protests carefully, and that the archbishop had not been expelled, but had left of his own accord. Foliot wrote that the king had said Becket was free to return at any time, but would still have to answer to the charges he had faced at Northampton. Foliot then advised the pope not to impose any sentences of excommunication and to be patient and continue to negotiate. In 1166, Foliot accused Becket of simony, or the purchase of church offices, basing this on the alleged purchase Becket had made of the chancellorship, although there is no evidence that Becket bought the office. By 1166, the king had made Foliot the head of the English Church, in fact if not in law. The king and Foliot got along well, and it was probably Foliot's influence that kept the king from more violent measures against Becket.

On 10 June 1166, Becket excommunicated a number of his opponents, some specifically by name, as well as any who opposed his cause. Henry's response was to order the English bishops to appeal to the pope, which they did at a council that Foliot organised and led in London on 24 June. The appeal was written by Foliot, and a separate letter from the bishops, also written by Foliot, was sent to the archbishop. The bishops rested their case on the fact that those excommunicated had not been warned or allowed to defend themselves. They pointed out to the pope that the king had not escalated the conflict and had behaved reasonably to the last papal overtures in the summer of 1165. Becket replied to these moves with a letter written to Foliot that was full of resentment and reproaches. Foliot's reply, in a letter that is usually titled Multiplicem nobis, set forth his view of Becket's abilities as archbishop as well as giving reasons why Becket was wrong. He then suggested that the archbishop compromise and exercise some humility in order to reach his goals. By the end of 1166, Foliot managed to resign his custody of the confiscated Canterbury benefices, something he had been attempting to do for some time, thus removing one source of conflict between him and Becket.

In November 1167 Foliot was summoned to Normandy, then ruled by Henry II, to meet with papal legates and the king. Roger of York, Hilary of Chichester, and Roger of Worcester were also summoned to attend. After some discussion and argument, Henry appears to have agreed that the legates could judge both the king's case against Becket as well as the bishops' case. Henry also offered a compromise on the subject of the Constitutions of Clarendon, that the legates accepted. However, when the legates met with Becket on 18 November, it quickly became apparent that Becket would not accept negotiations with the king nor accept the legates as judges of either case against him. As the legates had no mandate to compel Becket to accept them as judges, the negotiations came to an end with the king and bishops still appealing to the papacy.

On 13 April 1169, Becket excommunicated Foliot, along with Hugh, Earl of Norfolk, Josceline de Bohun, and seven royal officials. Becket did this even though none of them had been warned, and despite the fact that the pope had asked that Becket not make any such sentences until after a pending embassy to King Henry had ended. Becket also warned a number of others that unless they made amends to him, they too would be excommunicated on 29 May, Ascension Day. In his excommunication, Becket called Foliot "that wolf in sheep's clothing". Although Foliot tried to enlist the help of his fellow bishops in an appeal, they were less than helpful. Foliot then prepared to appeal his sentence to the pope in person, and travelled to Normandy in late June or early July, where he met the king, but proceeded no further towards Rome, as the papacy was attempting once more to secure a negotiated settlement. In late August and early September serious but ultimately fruitless negotiations took place between the king and the archbishop.

Foliot then proceeded to Rome, but at Milan he received word that his envoy at the papal court had secured the right for him to be absolved by the Archbishop of Rouen, Rotrou. Foliot then returned to Rouen, where he was absolved on 5 April and reinstated in his see on 1 May. The only requirement of this absolution was that Foliot accept a penance to be imposed by the pope. Much of Foliot's objections to Becket's excommunication stemmed from the lack of warning that Foliot and the others had received, contrary to the customary and normal procedures. Becket and his supporters pointed out that there were some situations in which it was possible to excommunicate without warning, but Foliot claimed that the present situation was not one of them. According to Foliot, Becket's habit was "to condemn first, judge second". Foliot's example of appealing excommunications to the papacy was an important step in the setting up of an appeal process for excommunication during the 12th century.