Election Problems
In January 1141 he was elected Archbishop of York. Originally, the cathedral chapter of York had elected Waltheof in 1140, but that election was set aside because one of Waltheof's supporters had made an uncanonical gift to secure Waltheof's election. Then Henry of Blois tried to secure the see for Henry de Sully, another nephew of Stephen and Henry's. Sully's election was opposed by Pope Innocent II, who refused to confirm him as archbishop while he retained his post as Abbot of Fécamp. It was only at a third election, held in January 1141, that FitzHerbert was selected. Whether he had been a candidate in the previous two elections is unknown.
The election was opposed by the Cistercian monasteries of Yorkshire, and by the archdeacons of York. The Cistercians opposed on the grounds that the Second Lateran Council in 1139 had given the religious houses of a diocese the right to participate in the election of the bishop. Theobald of Bec, the Archbishop of Canterbury, refused to recognize FitzHerbert's election due to allegations of simony, or the acquisition of church positions by bribery, and of interference by King Stephen. In 1143, Pope Innocent II ruled that FitzHerbert could be confirmed in office if he swore under oath that the allegations were false. After he swore the oath, Henry of Blois, who was also papal legate, found FitzHerbert innocent, and he was consecrated as archbishop on 26 September 1143.
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