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)

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 The old form of compurgation was finally superseded, and that of collective responsibility reaffirmed.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 more legal men of the hundred and by four of the more 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.

§ 9. 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 possession which he has, let him go to the water.

813. 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

ception of them, or for outlawry or for a charge concerning the forest of the king, let him arrest them. And even if he knows of himself or through others that such men have fled into his county, let him arrest them and hold them until he shall have secured pledges from them.

§ 18. And let all sheriffs cause a list to be made of all fugitives who have fled from their counties; and let them do this in the presence of their county courts, and they will carry the written names of these before the justices when they come first before these, so that they may be sought through all England, and their chattels may be seized for the use of the king.

8 19. And the lord king wills that, from the time when the sheriffs have received the summons of the justices in eyre to appear before them with their county courts, they shall gather together their county courts and make inquiry for all who have recently come into their counties since this assize; and that they should send them away with pledges that they will be before the justices, or else keep them in custody until the justices come to them, and then they shall have them before the justices.

§ 20. The lord king moreover prohibits monks and canons and all religious houses from receiving any one of the lesser people as a monk or canon or brother, until it is known of what reputation he is, unless he shall be sick unto death.

§ 21. The lord king moreover forbids any one in all England to receive in his land or his jurisdiction or in a house under him any one of the sect of those renegades who have been excommunicated and branded at Oxford. And if anyone shall have received them, he will be at the mercy of the lord king, and the house in which they have been shall be carried outside the village and burned. And each sheriff will take this oath that he will hold this, and will make all his servants swear this, and the stewards of the barons, and all knights and free tenants of the counties.

§ 22. And the lord king wills that this assize shall be held in his kingdom so long as it shall please him.

(Translations and Reprints, ed. cited.)

63. Constitution of the King's Household

Little Black Book of the Exchequer

This document is of sufficient importance to warrant its introduction into this book of sources. In the words of its most able editor, HUBERT HALL, F.S.A., of the Public Record Office: "The value of this historical document is inestimable. It brings us into

touch with the Angevin king [Henry II.] and possibly with his Norman predecessors, by affording a hundred clues to court life." Beside this, it affords a host of suggestions upon the manners of the times.

THIS IS THE CONSTITUTION OF THE KING'S HOUSE The Chancellor.

Five shillings daily and one royal simnel, and two [of dripping.] and one sextary of clear wine, and one sextary of household wine, and one wax-candle and forty candleends.

The Master of the Scriptorum.

Formerly tenpence daily, and one simnel [of dripping,] and half a sextary of household wine, and one thick candle and twelve candle-ends. But King Henry increased Robert de Sigillo by so much, that on the day of the king's death he had two shillings, and one sextary of household wine, and one simnel [of dripping,] and one taper and twentyfour candle-ends.

The Chaplain, Keeper of the Chapel and Relics.

The entertainment of two men and four serjeants of the Chapel, each a double ration; and two sumpter-horses of the Chapel, each one penny daily and one penny to shoe them monthly. For the service of the Chapel, two waxcandles on Wednesday and two on Saturday; and every night one wax-candle at the Relics, and thirty candle-ends; and one gallon of clear wine at mass and one sextary of household wine on the day of Absolution, to wash the altar. On Easter Day, at Communion, one sextary of clear wine and one of household wine.

The Clerk of the household bread and wine.

Two shillings daily, and one simnel [of dripping,] and one sextary of household wine, and one taper and twentyfour candle-ends.

Of the Stewards of the bread.

The regular Master Steward of the bread, if he shall eat without the king's house, two shillings and tenpence daily, and one simnel [of dripping,] and one sextary of household wine, and candles fully.

Of the Sewers.

The Sewers the same as the Chancellor, if they shall eat without the house; if within, three shillings and sixpence, and two simnels [of dripping,] and one sextary of household wine and candles fully.