ought to be present at the judgment of the court of the lord king along with the barons, at least till the judgment reaches to loss of limbs or to death.

12. When an archbishopric or bishopric or abbacy or priorate of the demesne of the king has become vacant, it ought to be in his hands and he shall take thence all its rights and products just as demesnes. And when it has come to providing for the church, the lord king ought to summon the more powerful persons of the church, and the election ought to be made in the chapel of the lord king himself, with the assent of the lord king and with the agreement of the persons of the realm whom he has called to do this. And there the person elected shall do homage and fealty to the lord king as to his liege lord, concerning his life and his limbs and his earthly honour, saving his order, before he shall be consecrated.

§ 13. If any one of the great men of the kingdom has prevented archbishop, bishop or archdeacon from exercising justice upon himself or his, the lord king ought to bring him to justice. And if by chance anyone has deprived the lord king of his right, the archbishops and bishops and archdeacons ought to bring him to justice in order that he may give satisfaction to the lord king.

§ 14. The chattels of those who are in forfeiture to the king no church or church-yard must detain against the justice of the king, because they are the king's whether they have been found within the churches or without.

§ 15. Suits concerning debts which are owed through the medium of a bond or without the medium of a bond should be in the jurisdiction of the king.

§ 16. Sons of rustics ought not to be ordained without the assent of the lord upon whose land they are known to have been born.

The acknowledgment of the aforesaid royal customs and dignities has been made by the aforesaid archbishops, and bishops, and earls, and barons, and the more noble and ancient of the realm, at Clarendon, on the fourth day before the Purification of the Blessed Mary, perpetual Virgin, Lord Henry being there present with his father, the lord king. There are, however, many other and great customs and dignities of holy mother church and of the lord king, and of the barons of the realm, which are not contained in this writing. These are preserved to holy church and to the lord king and to his heirs and to the barons of the realm, and shall be observed inviolably forever.

(Translations and Reprints, ed. cited.)

61. The King's Rash Words and Becket's Death

William Fitz Stephen

The Archbishops of York and the Bishops of London and Salisbury, with the Archdeacon of Poictiers (the Archdeacon of Canterbury was delayed on the sea by bad weather), having crossed the water, came to the King's court. He had already heard of the suspension and excommunication of the bishops. They repeat to him the whole story. They lay all the blame upon the Archbishop; they declare him to be guilty of treason in what he has done. Falsehood doubles his offence. It had been told the King that the Archbishop was making the circuit of the kingdom at the head of a large body of men. The King asks the Archbishop of York and the Bishops of London and Salisbury to advise him what to do. "It is not our part," they say, "to tell you what must be done." At length one says, "My lord, while Thomas lives, you will not have peace or quiet or see another good day." On hearing this, such fury, bitterness, and passion took possession of the King, as his disordered look and gesture expressed, that it was immediately understood what he wanted. When they saw his emotion, four knights, barons of the king's household, seeking to please him, named Reginald Fitz Urse, William de Traci, Hugh de Morville, Richard Brito having sworn the death of the Archbishop, departed sailing from different ports. By the guidance of the devil, the old enemy of all good, they met at the same hour on the morrow at the castle of the family of Broc, at Saltwood.

Whilst we were lately assembled in council before our lord and king, and supposed we were going to discuss important matters connected with the Church, ... we are told by some who are just come over from England, that certain enemies of the archbishop, provoked to madness, it is said, by frequent causes of exasperation, have suddenly set upon him, and I can hardly write for my tears have attacked his person and put him to a cruel death. At the first words of the messenger the king burst into loud lamentations, and exchanged his royal robes for sackcloth and ashes, acting more like a friend than the sovereign of the deceased. At times he ceased his cries and became stupid; after which he burst again into cries and lamentations louder than before. Three whole days he spent in his chamber, and would receive neither food nor consolation, but by the excess of his grief it seemed as if he had thoroughly made up his mind to die. The state of things indeed became alarming, and we had now

a double cause for anxiety. First we had to lament the death of the bishop, now we almost despaired of the life of the king, and so in losing one we thought our evil fortune would deprive us of both.

(William Fitz Stephen. From St. Thomas of Canterbury, ed. cited. p. 232.)

62. The Assize of Clarendon

(1166)

Select Charters

The Assize of Clarendon is of great importance to the historical student because of its re-arrangement of judicial processes. It is a valuable legal landmark. By it the custom of the country was crystallised in the provision for a jury of presentment, analogous to the modern grand jury. The old form of compurgation was finally superseded, and that of collective responsibility reaffirmed. The whole document is worthy of intensive study.

Here begins the Assize of Clarendon, made by King Henry II. with the assent of the archbishops, bishops, abbots, earls and barons of all England.

§ 1. In the first place, the aforesaid King Henry, with the consent of all his barons, for the preservation of the peace and the keeping of justice, has enacted that inquiry should be made through the several counties and through the several hundreds, by twelve of the most legal men of the hundred and by four of the most legal men of each manor, upon their oath that they will tell the truth, whether there is in their hundred or in their manor, any man who has been accused or publicly suspected of himself being a robber, or murderer, or thief, or of being a receiver of robbers, or murderers, or thieves, since the lord king has been king. And let the justices make this inquiry before themselves, and the sheriffs before themselves.

§ 2. And let anyone who has been found by the oath of the aforesaid, to have been accused or publicly suspected of having been a robber, or murderer, or thief, or a receiver of them, since the lord king has been king, be arrested and go to the ordeal of water and let him swear that he has not been a robber, or murderer, or thief, or receiver of them since the lord king has been king, to the value of five shillings, so far as he knows.

§ 3. And if the lord of the man who has been arrested or his steward or his men shall have claimed him, with a pledge, within the third day after he has been seized, let him be given up and his chattels until he himself makes his law.

§ 4. And when a robber, or murderer, or thief, or receiver

of them shall have been seized through the above-mentioned oath, if the justices are not to come very soon into that county where they have been arrested, let the sheriffs send word to the nearest justice by some intelligent man that they have arrested such men, and the justices will send back word to the sheriffs where they wish that these should be brought before them; and the sheriffs shall bring them before the justices; and along with these they shall bring from the hundred and the manor where they have been arrested, two legal men to carry the record of the county and of the hundred as to why they were seized, and there before the justice let them make their law.

$ 5. And in the case of those who have been arrested through the aforesaid oath of this assize, no one shall have court, or judgment, or chattels, except the lord king in his court before his justices, and the lord king shall have all their chattels. In the case of those, however, who have been arrested, otherwise than through this oath, let it be as it has been accustomed and ought to be.

§ 6. And the sheriffs who have arrested them shall bring such before the justice without any other summons than they have from him. And when robbers, or murderers, or thieves, or receivers of them, who have been arrested through the oath or otherwise, are handed over to the sheriffs they also must receive them immediately without delay.

§ 7. And in the several counties where there are no jails, let such be made in a borough or in some castle of the king, from the money of the king and from his forest, if one shall be near, or from some other neighbouring forest, on the view of the servants of the king; in order that in them the sheriffs may be able to detain those who have been seized by the officials who are accustomed to do this or by their servants.

§ 8. And the lord king moreover wills that all should come to the county courts to make this oath, so that no one shall remain behind because of any franchise which he has or court or jurisdiction which he had, but that they should come to the making of this oath.

89. And there is to be no one within a castle or without a castle or even in the honour of Wallingford, who may forbid the sheriffs to enter into his court or his land for seeing to the frankpledges and that all are under pledges; and let them be sent before the sheriffs under a free pledge.

§ 10. And in cities and boroughs, let no one have men or receive them in his house or in his land or his soc, whom he

does not take in hand that he will produce before the justice if they shall be required, or else let them be under a frankpledge.

§ II. And let there be none in a city or borough or in a castle or without, or even in the honour of Wallingford, who shall forbid the sheriffs to enter into his land or his jurisdiction to arrest those who have been charged or publicly suspected of being robbers or thieves or receivers of them, or outlaws, or persons charged concerning the forest; but he requires that they should aid them to capture these.

§ 12. And if any one is captured who has in his possession the fruits of robbery or theft, if he is of bad reputation and has an evil testimony from the public, and has not a warrant, let him not have law. And if he shall not have been accused on account of the profession which he has, let him go to the water.

§ 13. And if any one shall have acknowledged robbery or murder or theft or the reception of them in the presence of legal men or of the hundreds, and afterwards shall wish to deny it, he shall not have law.

§ 14. The lord king wills moreover that those who make their law and shall be absolved by the law, if they are of very bad testimony, and publicly and disgracefully spoken ill of by the testimony of many and legal men, shall abjure the lands of the king, so that within eight days they shall go over the sea, unless the wind shall have detained them; and with the first wind which they shall have afterward they shall go over the sea, and they shall not afterward return into England, except on the permission of the lord king; and then let them be outlawed if they return, and if they return they shall be seized as outlaws.

§ 15. And the lord king forbids any vagabond, that is a wandering or an unknown man, to be sheltered anywhere except in a borough, and even there he shall be sheltered only one night, unless he shall be sick there, or his horse, so that he is able to show an evident excuse.

§ 16. And if he shall have been there more than one night, let him be arrested and held until his lord shall come to give securities for him, or until he himself shall have secured pledges; and let him likewise be arrested who has sheltered him.

§ 17. And if any sheriff shall have sent word to any other sheriff that men have fled from his county into another county, on account of robbery or murder or theft, or the re