[Back to Contents]

1. Ordinance separating the Spiritual and Temporal Courts

WILLIAM, by the grace of God king of the English, to R. Bainard, and G. de Magneville, and Peter de Valoines, and all my liege men of Essex, Hertfordshire and Middlesex greeting. Know ye and all my liege men resident in England, that I have by my common council, and by the advice of the archbishops, bishops, abbots and chief men of my realm, determined that the episcopal laws be mended as not having been kept properly nor according to the decrees of the sacred canons throughout the realm of England, even to my own times. Accordingly I command and charge you by royal authority that no bishop nor archdeacon do hereafter hold pleas of episcopal laws in the Hundred, nor bring a cause to the judgment of secular men which concerns the rule of souls. But whoever shall be impleaded by the episcopal laws for any cause or crime, let him come to the place which the bishop shall choose and name for this purpose, and there answer for his cause or crime, and not according to the Hundred but according to the canons and episcopal laws, and let him do right to God and his bishop. But if any one, being lifted up with pride, refuse to come to the bishop’s court, let him be summoned three several times, and if by this means, even, he come not to obedience, let the authority of the king or sheriff be exerted; and he who refuses to come to the bishop’s judgment shall make good the bishop’s law for every summons. This too I absolutely forbid that any sheriff reeve or king’s minister, or any other layman, do in any wise concern himself with the laws which belong to the bishop, or bring another man to judgment save in the bishop’s court. And let judgment nowhere be undergone but in the bishop’s see or in that place which the bishop appoints for this purpose.

[Back to Contents]

2. Writ for an Inquest of Lands at Ely

WILLIAM, king of the English, to Archbishop Lanfranc, and to Roger Count of Mortain, and to Godfrey Bishop of Coutances, greeting.

I order and direct you to assemble again all the shires which were present at the trial held concerning the lands of the church of Ely, before my consort went to Normandy the last time. With them, also, let there be those of my barons who had the right to be present and who were present at the aforesaid trial and who hold lands of the same church. When they have come together, let there be chosen some of those Englishmen who know how the lands of the said church were situated on the day that King Edward died, and what they say about it let them, thereupon, witness by an oath. This done, let there be restored to the church the lands which were in its demesne on the day of the death of Edward, excepting those which men claim that I have given to them. With regard to these, signify to me by letters which they are and who hold them. But let those who hold lands by service, which, without doubt, ought to be held from the church, make the best agreement they can with the abbot, and if they refuse, let the lands remain to the church. Let this also be done concerning those who hold sac and soc. Finally, order those men who hitherto by my order and direction have been accustomed to do it, to keep in repair the bridge at Ely.

[Back to Contents]

3. Title of the Domesday Inquest for Ely

HERE is written down the inquest of lands, in what manner the king’s barons have made inquisition, namely, by oath of the sheriff of the shire, and of all the barons and of their Frenchmen and of the whole hundred, of the priest, the reeve and six villeins of each vill. Next the name of the manor, who held it in the time of King Edward, who holds it now; the number of hides; the number of plows on the demesne, the number of those of the men; the number of villeins; the number of cotters; the number of serfs; the number of freemen; the number of sokemen; the amount of forest; the amount of meadow.; the number of pastures; the number of mills; the number of fishponds; how much it has been increased or diminished; how much it was all worth then; and how much now; how much each freeman and sokeman held and holds there. All this three times over, namely; in the time of King Edward, and when King William gave it, and as it now is, and if more can be had than is had.

[Back to Contents]

4. Typical Domesday Entries

1. The same earl holds Hiham. Godwin held it. In the time of King Edward there were two hides and a half but it was assessed at two hides, as they say, and now at two. There is land for sixteen plows. In demesne is one, and thirty villeins and ten borders with nineteen plows. There are six acres of meadow and woods for two hogs. In the time of King Edward it was worth 100 shillings, now six pounds. It has been waste. (1 Domesday, 20, a.)

2. To the use of this manor the same Hugh claims three messuages and a corner of a meadow and one virgate and five acres of land against Turstin the chamberlain. Concerning this the whole hundred bears testimony that his predecessors were seised of it and holding it on the day on which King Edward was alive and dead. (1 Domesday, 45, a.)

[Back to Contents]

5. Writ applying Feudal Principles to the Church

WILLIAM, King of the English, to all the French and English who occupy freeholds from the bishopric of Worcester, greeting.

Know ye that since the bishop has died, the honor has returned into my possession. Now I will that you should give me from your lands such relief as I have arranged [assessed] through my barons. Hugh de Lacy, twenty pounds; Walter Punher, twenty pounds; * * * Chipping, twenty shillings.

Witness: Ranulf the chaplain, and Eudes the steward, and Urso de Abetot. If any one shall refuse to do this, Urso and Bernard shall seise their lands and money into my possession.

[Back to Contents]

6. An Early Iter. The King vs. The Abbot of Tavistock

IN the year of the Lord’s Incarnation the one thousand and ninety-sixth, and of the reign of William the Second of famous memory, the ninth, the said king sent at Quadragesima into Devonshire, Cornwall and Exeter, his lords Walklin the Bishop of Winchester, Ranulf the royal chaplain, William Capra, and Hardin Fitz-Belnold to examine royal pleas. In which pleas, complaints have been made concerning a certain manor of the abbey of Tavistock, called Wulurunton, alleging and affirming that the said manor is wrongly held by the abbey of Tavistock and that on the contrary, it has always belonged of right to the royal demesne. We denying their allegations and false charges, proved that in the judgment of many of our predecessors the said manor belonged of perpetual right to the abbey of Tavistock, without any dispute. In which cause, together with the royal examiners of pleas above-mentioned, we besought the King of the English that, for the love of God and Saint Mary, he would grant that the aforesaid manor should belong to the abbey of Tavistock in perpetual right, without any question. These very facts having been recited in the king’s hearing, the king himself in granting our petition, and, for the sake of the souls of his father and mother, restoring in perpetuity to the abbey church of God and Saint Mary at Tavistock that manor, namely Wulurunton, made reply in these words: * * *

[Back to Contents]

7. Charter of Liberties of Henry I

IN the year of the incarnation of the Lord, 1101, Henry, son of King William, after the death of his brother William, by the grace of God, king of the English, to all faithful, greeting;

1. Know that by the mercy of God, and by the common counsel of the barons of the whole kingdom of England, I have been crowned king of the same kingdom; and because the kingdom has been oppressed by unjust exactions, I, from regard to God, and from the love which I have toward you, in the first place make the holy church of God free, so that I will neither sell nor place at rent, nor, when archbishop, or bishop, or abbot is dead, will I take anything from the domain of the church, or from its men, until a successor is installed into it. And all the evil customs by which the realm of England was unjustly oppressed will I take away, which evil customs I partly set down here.

2. If any one of my barons, or earls, or others who hold from me shall have died, his heir shall not redeem his land as he did in the time of my brother, but shall relieve it by a just and legitimate relief. Similarly also the men of my barons shall relieve their lands from their lords by a just and legitimate relief.

3. And if any one of the barons or other men of mine wishes to give his daughter in marriage, or his sister or niece or relation, he must speak with me about it, but I will neither take any thing from him for this permission, nor forbid him to give her in marriage, unless he should wish to join her to my enemy. And if when a baron or other man of mine is dead, a daughter remains as his heir, I will give her in marriage according to the judgment of my barons, along with her land. And if when a man is dead his wife remains, and is without children, she shall have her dowry and right of marriage, and I will not give her to a husband except according to her will.

4. And if a wife has survived with children, she shall have her dowry and marriage portion, so long as she shall have kept her body legitimately, and I will not give her in marriage, except according to her will. And the guardian of the land and children shall be either the wife or another one of the relatives as shall seem to be most just. And I require that my barons should deal similarly with the sons and daughters or wives of their men.

5. The common tax on money, which used to be taken through the cities and counties, which was not taken in the time of King Edward, I now forbid altogether henceforth to be taken. If any one shall have been seised, whether a moneyer or any other, with false money, strict justice shall be done for it.

6. All fines and all debts which were owed to my brother, I remit, except my rightful rents, and except those payments which had been agreed upon for the inheritances of others or for those things which more justly affected others. And if any one for his own inheritance has stipulated anything, this I remit, and all reliefs which had been agreed upon for rightful inheritances.

7. And if any of my barons or men shall become feeble, however he himself shall give or arrange to give his money, I grant that it shall be so given. Moreover, if he himself prevented by arms, or by weakness, shall not have bestowed his money, or arranged to bestow it, his wife or his children or parents, and his legitimate men shall divide it for his soul, as to them shall seem best.

8. If any of my barons or men shall have committed an offence he shall not give security to the extent of forfeiture of his money, as he did in the time of my father, or of my brother, but according to the measure of the offence so shall he pay, as he would have paid from the time of my father backward, in the time of my other predecessors; so that if he shall have been convicted of treachery or of crime, he shall pay as is just.

9. All murders moreover before that day in which I was crowned King, I pardon; and those which shall be done henceforth shall be punished justly according to the law of King Edward.

10. The forests, by the common agreement of my barons, I have retained in my own hand, as my father held them.

11. To those Knights who hold their land by the cuirass, I yield of my own gift the lands of their demesne ploughs free from all payments and from all labor, so that as they have thus been favored by such a great alleviation, so they may readily provide themselves with horses and arms for my service and for the defence of my kingdom.

12. A firm peace in my whole kingdom I establish and require to be kept from henceforth.

13. The law of King Edward I give to you again with those changes with which my father changed it by the counsel of his barons.

14. If any one has taken anything from my possessions since the death of King William, my brother, or from the possessions of any one, let the whole be immediately returned without alteration, and if any one shall have retained anything thence, he upon whom it is found will pay it heavily to me. Witnesses Maurice, bishop of London, and Gundulf, bishop, and William, bishop-elect, and Henry, earl, and Simon, earl, and Walter Giffard, and Robert de Montfort, and Roger Bigod, and Henry de Port, at London, when I was crowned.

[Back to Contents]

8. Writ concerning Lands at Stanton

HENRY, King of England, to Hugh of Buckland and William sheriff of Oxfordshire, greeting.

Order on my behalf the men of your counties to declare the whole truth concerning the three virgates of land which Rualcus de Avranches claims, and if they belong to the manor of Stanton which I gave to him, let him have possession; but if not let the abbey of Abingdon have possession.

Witness: Roger the chancellor. By _______ Basset; at Cambridge.

[Back to Contents]

9. Writ concerning Lands at Caversham

HENRY, King of England, to Walter Giffard and Agnes his mother, greeting.

I order that you render full justice to Faritius abbot of Abingdon concerning the land which Ralph of Caversham gave to Abingdon by your permission, and of which the church was seised; and so do lest I hear from thence complaint of lack of justice.

Witness: Ranulf the chancellor, at Windsor.

[Back to Contents]

10. First Charter of Stephen

STEPHEN, by the grace of God, king of the English, to the justices, sheriffs, barons, and all his ministers and faithful, French and English, greeting.

Know that I have conceded and by this my present charter confirmed to all my barons and men of England all the liberties and good laws which Henry King of the English, my uncle, gave and conceded to them, and all the good laws and good customs which they had in the time of King Edward, I concede to them. Wherefore I wish and firmly command that they shall have and hold all those good laws and liberties from me and my heirs, they and their heirs, freely, quietly, and fully; and I prohibit any one from bringing any obstacle, or impediment, or diminution upon them in these matters on pain of forfeiture to me.

Witness William Martel, at London.

[Back to Contents]

11. Second Charter of Stephen

I STEPHEN, by the grace of God and the assent of the clergy and people elected king of the English, and consecrated by William, archbishop of Canterbury and legate of the Holy Roman Church, and confirmed by Innocent, pontiff of the Holy Roman See, from regard and love to God, do grant holy Church to be free and confirm due reverence to her. I promise that I will not do nor allow any simony in the Church or in church affairs. I permit and confirm justice and power over ecclesiastical persons and all clerks and their effects, and the distribution of ecclesiastical goods to be in the hands of the bishops. The dignities of churches confirmed by their privileges, and their customs had of ancient continuance, I ordain and grant to remain inviolate. All the possessions and holdings of churches which they had on that day when William the king, my grandfather, was alive and dead, I grant to them to be free and absolute without any appeal from claimants. But if the Church shall hereafter seek to regain any of the things held or possessed before the death of the same king which the Church has no longer, I reserve them for my indulgence and dispensation for restoration and for consideration. But I confirm whatever has been bestowed upon them since the death of this same king, by the liberality of kings or the gift of great men, by presentation or acquisition, or by any, exchange of the faithful. I promise that I will perform peace and justice in all things, and will maintain these for them as far as I can. I reserve for myself the forests which William my grandfather, and William my uncle established and had. All the others which King Henry further added I give back and grant to the churches and the kingdom without molestation. If any bishop or abbot or other ecclesiastical person shall, before his death, reasonably devise or intend to devise his goods, I grant it to remain firm. But if he shall be overtaken by death let the same devise take place with the advice of the Church for the health of his soul. Moreover, whilst sees shall be without their proper pastors, these and all their possessions I will commit to the hand and custody of the clerks or good men of the same church, until a pastor be canonically appointed to succeed. I entirely abolish all exactions, and injuries, and miskennings wrongly introduced, whether by sheriffs or by any other. I will observe, and command and ordain to be observed, the good laws and ancient and just customs in murders and pleas and other causes. All these things I grant and confirm saving my royal and just dignity. Witness: W Archbishop of Canterbury , Hugh Archbishop of Rouen, and Henry Bishop of Winchester, and Roger Bishop of Salisbury, and A. Bishop of Lincoln, and Nigel Bishop of Ely, and Everard Bishop of Norwich, and Simon Bishop of Worcester, and Bernard Bishop of Saint David’s, and Owen Bishop of Evreux, Richard Bishop of Avranches, Robert Bishop of Hereford, John Bishop of Rochester, Athelwulf Bishop of Carlisle, and other lay signatories. At Oxford, in the year 1136 from the Lord’s Incarnation, and the first of my reign.

[Back to Contents]

12. A Trial in the Curia Regis. Case of Abbot Walter vs. Gilbert de Baillol

[“THE king grants his writ at the instance of Walter, abbot of Saint Martin, to John, earl of Eu, commanding him to do justice by the abbot against Gilbert de Baillol as to certain lands. The defendant evades the trial in various ways. Leave is finally obtained to bring the suit into the King’s Court, but the king’s presence cannot be obtained. The cause, though much litigated before the justiciars, comes to no satisfactory conclusion. The king’s presence is at last obtained, and the trial proceeds.” BIGELOW.]

* * * Now therefore, since there was no longer opportunity for excuse, both parties appeared before the lord king, sitting in the seat of judgment. There stood forth in the midst one of the abbot’s monks named Osmund, and a knight, Peter de Chriel, who, beginning at the beginning of the whole court proceedings, set forth in order before tile king and his assessors, how the said land of Barnhorn had been partly given to the church of Saint Martin of Battle, and partly purchased, how afterwards it was taken away, and also how far progress had been made in the case, at the present so long since the beginning of the suit; adding also their complaint over the great and expensive delay of the affair and the constant and useless annoyance of the abbot and his party. Now since there was nothing in this statement of the case for prosecution which could be successfully controverted, as the Curia Regis possessed testimony on every point; at the permission of the king, the deeds of purchase and of gift were read in the hearing of all, and also the charters of confirmation. Since the other party had little to answer to these, Gilbert de Baillol, that he might not seem to make no objection, answered that he had heard the reading of the deeds given by his predecessors, but he took occasion to note that no seals were affixed to them in attestation. Turning to him, that splendid and wise man Richard de Lucy, the brother of the said abbot, then the justiciar of the lord king, inquired whether he had a seal. Upon his reply that he had a seal, the illustrious man smiled and said, “The old fashion was not for every little knight to have a seal, but it was customary for only kings and people of consequence to have them, and in the old times spite did not make men pettifoggers or sceptics.” And when the said Gilbert strove to cast doubt upon the confirmation by King Henry the elder, alleging that the abbot and monks were able to persuade the lord king not as a matter of justice but of favor, the lord king, taking the charter and seal of his grandfather King Henry into his own hands and turning to the said Gilbert, said, “By the eyes of God, if you can prove this charter false, it will be worth a thousand pounds to me in England.” As he made little or no reply to these words, the king made this noteworthy remark, “If,” said he, “the monks by means of a similar charter and confirmation were able to show that they had a right of this sort to the present place, to wit, Clarendon, which I chiefly love, there would be no just reply for me to make to save me from entirely surrendering it to them.” The king, therefore, turning to the abbot and his party, said, “Go out, and, having taken counsel, confer together to see if perchance there is anything upon which you wish to depend rather than upon this charter. Still I do not think you will seek at present any other proof.” So the abbot and his party, withdrawing to take council concerning this, and recognizing that their charter sufficed for all proof from the last words of the king in which he said, “I do not think you will seek at present any other proof,” they returned into the presence of the king and his assessors, after holding the council, and asserted that they did not depend on others or seek other proof outside of the charter, that they claimed nothing more or less but the charter, but upon this they desired the judgment of the Curia Regis. As the other party had no reply to make inasmuch as it neither dared nor could assert that the charter was false because this could not be proved; by the unanimous consent of the whole court, judgment was given that, to the abbot and church of Saint Martin of Battle restitution should be made of everything which he demanded on the testimony of the charter. * * *

[Back to Contents]

13. Constitutions of Clarendon

IN the year 1164 from our Lord’s incarnation, the fourth of the pontificate of Alexander, the tenth of Henry II., most illustrious king of the English, in the presence of the same king, was made this remembrance or acknowledgment of a certain part of the customs, liberties, and dignities of his ancestors, that is of King Henry his grandfather, and of others, which ought to be observed and held in the realm. And owing to strifes and dissensions which had taken place between the clergy and justices of the lord the king and the barons of the realm, in respect of customs and dignities of the realm, this recognition was made before the archbishops and bishops and clergy, and the earls and barons and nobles of the realm. And these same customs recognized by the archbishops and bishops, and earls and barons, and by those of high rank and age in the realm, Thomas archbishop of Canterbury, and Roger archbishop of York, and Gilbert bishop of London, and Henry bishop of Winchester, and Nigel bishop of Ely, and William bishop of Norwich, and Robert bishop of Lincoln, and Hilary bishop of Chichester, and Jocelyn bishop of Salisbury, and Richard bishop of Chester, and Bartholomew bishop of Exeter, and Robert bishop of Hereford, and David bishop of Saint David’s, and Roger elect of Worcester, conceded, and by word of mouth steadfastly promised on the word of truth, to the lord the king and his heirs, should be kept and observed in good faith and without evil intent, these being present: Robert earl of Leicester, Reginald earl of Cornwall, Conan earl of Brittany, John earl of Eu, Roger earl of Clare, earl Geoffrey de Mandeville, Hugh earl of Chester, William earl of Arundel, earl Patrick, William earl of Ferrers, Richard de Luci, Reginald de St. Valery, Roger Bigod, Reginald de Warenne, Richer de Aquila, William de Braose, Richard de Camville, Nigel de Mowbray, Simon de Beauchamp, Humphry de Bohun, Matthew de Hereford, Walter de Mayenne, Manser Biset the steward, William Malet, William de Courcy, Robert de Dunstanville, Jocelyn de Baillol, William de Lanvallei, William de Caisnet, Geoffrey de Vere, William de Hastings, Hugh de Moreville, Alan de Neville, Simon son of Peter, William Maudit the chamberlain, John Maudit, John Marshall, Peter de Mara, and many other magnates and nobles of the realm, as well clerical as lay.

Now of the acknowledged customs and dignities, of the realm a certain part is contained in the present document, of which part these are the chapters:—

1. If controversy shall arise between laymen, or clergy and laymen, or clergy regarding advowson and presentation to churches, let it be treated or concluded in the court of the lord the king.

2. Churches belonging to the fee of the lord the king cannot be granted in perpetuity without his own assent and grant.

3. Clerks cited and accused of any matter shall, when summoned by the king’s justice, come into his own court to answer there concerning what it shall seem to the king’s court should be answered there, and in the church court for what it shall seem should be answered there; yet so that the king’s justice shall send into the court of holy Church to see in what way the matter is there treated. And if the clerk be convicted, or shall confess, the Church must not any longer protect him.

4. Archbishops, bishops, and persons of the realm are not allowed to leave the kingdom without licence of the lord the king; and if they do leave, they shall, if the king so please, give security that neither in going nor in staying, nor in returning, will they seek the ill or damage of the lord the king or realm.

5. Excommunicate persons are not to give pledge for the future, nor to take oath, but only to give security and pledge of abiding by the church’s judgment that they may be absolved.

6. Laymen are not to be accused save by proper and legal accusers and witnesses in the presence of the bishop, so that the archdeacon do not lose his right nor anything due to him thence. And if the accused be such that no one wills or dares to accuse them, the sheriff, when requested by the bishop, shall cause twelve lawful men from the neighborhood or the town to swear before the bishop that they will show the truth in the matter according to their conscience.

7. No one who holds of the king in chief, and none of his demesne officers are to be excommunicated, nor the lands of any one of them to be put under an interdict unless first the lord the king, if he be in the country, or his justiciar if he be outside the kingdom, be applied to, in order that he may do right for him; and so that what shall appertain to the royal court be concluded there, and that what shall belong to the church court be sent to the same to be treated there.

8. In regard to appeals, if they shall occur, they must proceed from the archdeacon to the bishop, and from the bishop to the archbishop. And if the archbishop fail in showing justice, they must come at last to the lord the king, that by his command the dispute be concluded in the archbishop’s court, so that it must not go further without the assent of the lord the king.

9. If a dispute shall arise between a clerk and a layman, or between a layman and a clerk, in respect of any tenement which the clerk wishes to bring to frank-almoign, but the layman to a lay fee, it shall be concluded by the consideration of the king’ s chief justice on the award of twelve lawful men, whether the tenement belong to frank-almoign or to lay fee, before the king’s justiciar himself. And if the award be that it belongs to frank-almoign it shall be pleaded in the church court, but if to the lay fee, unless both claim under the same bishop or baron, it shall be pleaded in the king’s court. But if both appeal concerning this fee to the same bishop or baron, it shall be pleaded in his own court, so that for making the award he who was first seised, lose not his seisin until the matter be settled by the plea.

10. If any one of a city, or castle, or borough, or a demesne manor of the lord the king, be cited by archdeacon or bishop for any offence for which he ought to answer them, and refuse to give satisfaction at their citations, it is well lawful to place him under interdict; but he must not be excommunicated before the chief officer of the lord the king of that town be applied to, in order that he may adjudge him to come for satisfaction. And if the king’s officer fail in this, he shall be at the king’s mercy, and thereafter the bishop shall be able to restrain the accused by ecclesiastical justice.

11. Archbishops, bishops, and all persons of the realm who hold of the king in chief, have their possessions from the lord the king as barony, and are answerable therefor to the king’s justices and ministers, and follow and do all royal rights and customs, and like all other barons, have to be present at the trials of the court of the lord the king with the barons until it comes to a judgment of loss of limb, or death.

12. When an archbishopric or bishopric is vacant, or any abbey or priory of the king’s demesne, it must be in his own hand, and from it he shall receive all revenues and rents as demesne. And when they come to provide for the church, the lord the king must cite the chief persons of the church, and the election must take place in the chapel of the lord the king himself, with the assent of the lord the king, and the advice of the persons of the realm whom he shall have summoned to do this. And the person elected shall there do homage and fealty to the lord the king as to his liege lord for his life and 1imbs and earthly honor, saving his order, before he be consecrated.

13. If any of the nobles of the realm forcibly prevent the archbishop or bishop or archdeacon from doing justice in regard of himself or his people, the lord the king must bring them to justice. And if perchance any one should deforce the lord the king, the archbishops and bishops and archdeacons must judge him, so that he gives satisfaction to the lord the king.

14. The goods of those who are under forfeit of the king, no church or cemetery is to detain against the king’s justice, because they belong to the king himself, whether they be found inside churches or outside.

15. Pleas of debt due under pledge of faith or without pledge of faith are to be in the king’s justice.

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

Now the record of the aforesaid royal customs and dignities was made by the said archbishops and bishops, and earls and barons, and the nobles and elders of the realm, at Clarendon, on the fourth day before the purification of the Blessed Mary, ever Virgin, the lord Henry the king’s son, with his father the lord the king being present there. There are moreover many other great customs and dignities of holy Mother Church and the lord the king and the barons of the realm, which are not contained in this writing. And let them be safe for holy Church and the lord the king and his heirs and the barons of the realm, and be inviolably observed.

[Back to Contents]

14. Assize of Clarendon

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 vill, upon their oath that they will tell the truth, whether there is in their hundred or in their vill, 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 any one 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 seised, 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 seised 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 vill where they have been arrested, two legal men to carry the record of the county and of the hundred as to why they were seised, 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 neighboring 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 seised 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 honor 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.

11. And let there be none in a city or borough or in a castle or without or even in the honor 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 murderers 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 publicly suspected, on account of the possession 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 seised 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. Add 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 reception 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 seised for the use of the king.

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 any one 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.

[Back to Contents]

15. Inquest of the Sheriffs

IN the first place, the barons shall require bond and surety from all the sheriffs who have been sheriffs since the lord king last went over to Normandy, and from all who since that time have been bailiffs or ministers of theirs who have held a bailiwick from them and from all those who since that time have held the hundreds of the barons which they have in the county whether they hold them at a ferm or in custody; that on a day which they shall set for them they will appear before the lord king to do justice and to redress to him and to his men what they ought to redress. And if because of sickness the sheriffs shall be unable to appear before them, let them send in their place persons to answer for them, and let these give bond and surety sufficient for the sheriffs and for themselves, that they will perform in the presence of the lord king that which the sheriffs ought to perform on the fixed day.

Afterwards they shall take an oath from all the barons and knights and freemen of the county, that they will speak the truth concerning that which shall be inquired of them on behalf of the lord king, and that they will not conceal the truth for love of any one, or for hatred, or for bribe or reward, or for fear or promise or for any reason.

This shall be the manner of the inquest:—

I. In the first place let inquisition he made concerning the sheriffs and their bailiffs what and how much they have received from each hundred, and from each vill and from each man, since the lord king went abroad, whence the land and the people have been burdened; and what they have received by a judgment of the county or hundred, and what without a judgment, and what they learn was taken by a judgment, let it be written down by itself and what without a judgment let it be written by itself; and concerning all exactions inquisition shall be made of the cause and the evidence.

II. Likewise let inquisition be made concerning the archbishops, bishops, earls and barons, and their stewards and officers, what and how much they have received from their lands, since the said term, from each of their hundreds, and from each of their vills, and from each of their men, by a judgment or without a judgment, and let them write down separately all these exactions and their causes and occasions.

III. And likewise let inquisition be made concerning those men who since that term have held in custody other bailiwicks from the lord king, whether of a bishopric, or of an abbey, or of a barony, or of any honor or escheat.

IV. And likewise let inquisition be made concerning the king’s bailiffs who have travelled through his land to do the king’s business, which has been assigned to them; and what they learn from this, let them write down.

V. Also concerning the chattels of those who fled because of the Assize of Clarendon and concerning the chattels of those who have been undone through that assize, let inquisition be made of what has been done and of what was obtained thence in each hundred and each vill, and let it be diligently and carefully written down. And likewise let inquisition be made whether any one has been unjustly accused under that assize for reward or promise or hatred or other unjust cause; and whether any accusation has been withdrawn or any accused person released for reward or promise or love and who received the reward for it, and likewise let this be written down.

VI. And let inquisition be made concerning the aids for marrying the king’s daughter, what was obtained thence in each hundred and each vill, whether in payments or in remissions, and to whom this has been handed over and paid.

VII. And let inquisition be made of what and how much the foresters and their bailiffs and officers have received, since the said term, in their offices in whatever way they received it or under whatever circumstance, and whether they have remitted any of the rights of the king for reward or promise or for any friendship. And concerning forest offences; concerning those who have injured his forests and stags and hinds and other wild beasts; and what they learn, let them write down diligently and whether the foresters or their bailiffs have arrested any one or attached any one by bond and surety or have accused any, and afterwards have released them without trial on their own responsibility, and let inquisition be made concerning those who have done these things and let it be written down.

VIII. And let all who have been accused of anything be placed under bond and surety to appear before the lord king at a time which shall be appointed for them, and to do right and to redress to the king and to his men what they ought to redress, and let those without sureties be held in custody.

IX. And inquisition shall be made whether the sheriffs or any bailiffs have returned any of the things which they have taken or whether they have made any peace with men since they heard of the arrival of the lord king, to prevent any complaint from thence reaching the lord king.

X. And let inquisition be made concerning amercements whether any one has been released, for reward or love, from what he had at first been amerced, and by whom this has been done.

XI. And let inquisition be made concerning those who owe homage to the lord king and have done it neither to him nor to his son, and let them be written down.

XII. Concerning the demesnes of the lord king, let inquisition be made whether the houses are enclosed with ditch and hedge, and whether there are granaries there, and cow-sheds, and sheepfolds and other buildings and stock, as the lord king ordered before he went abroad.

XIII. And after they have been examined, my sheriffs and officers shall employ themselves about my other affairs, and they shall swear to attend lawfully to making the inquest throughout the lands of the barons.

[Back to Contents]

16. Assize of Northampton

THESE are the assizes made at Clarendon and afterwards revised at Northampton.

1. If any one shall have been accused before the justices of the lord king of murder or theft or robbery or of harboring men who do such things or of forgery or arson, by the oath of twelve knights of the hundred, or if knights are not present, by the oath of twelve freemen, lawful men, and by the oath of four men from each vill of the hundred, he shall go to the ordeal of water, and if he is undone he shall lose one foot. And at Northampton it was added for rigorous justice that he shall likewise lose his right hand with his foot, and he shall abjure the realm and within forty days he shall leave the kingdom. And if he shall have been to the water whole he shall furnish sureties and remain in the kingdom, unless he has been accused of murder or other infamous felony by the community of the county and of the lawful knights of the country, of which if he has been accused in the said manner, although he has been to the water safely, nevertheless within forty days he shall depart from the realm, and take with him his chattels saving the rights of his lords, and at the mercy of the lord king he shall abjure the realm. Moreover this assize shall be in force from the time the assize was made at Clarendon continuously to this time and from now on as long as it shall please the lord king, in cases of murder and treason and arson and in all of the aforesaid cases except in petty thefts and robberies which have been committed in time of war, such as of horses, oxen and smaller things.

2. Item let no one either in borough or vill entertain in his house for more than one night any stranger for whom he refuses to be responsible, unless the hospitality has a reasonable excuse, which the master of the house shall declare to his neighbors. And when he leaves, let him depart in the presence of the neighbors and by day.

3. If any one has about him the fruits of murder or theft or robbery or forgery and confesses it or any other felony which he has committed, before the reeve of the hundred or borough and before lawful men, he cannot afterwards deny that crime before the justices. And likewise, if without such fruits in his possession, he shall confess anything of the sort before them, in like manner he cannot deny this before the justices.

4. Item if any freeholder dies let his heirs remain in such seisin as their father had of his fee on the day of his death, and let them have his chattels out of which they shall execute the will of the deceased: and afterwards they shall seek out their lord and pay him a relief and the other things which they ought to pay him from their fee. And if the heir is under age the lord of the fee shall receive his homage and may keep him in custody as long as is his right. The other lords if there are several shall receive his homage and he shall render to them what is right. And let the wife of the deceased have her dowry and the portion of his chattels which falls to her. And if the lord of the fee shall refuse the heirs of the deceased the seisin of the said deceased which they claim, the justices of the lord king shall thereupon cause recognition to be made by twelve lawful men of what seisin the deceased had of it on the day of his death: and according to the recognition, restitution shall be made to his heirs. And if any one has done contrary to this and has been convicted of it let him remain at the king’s mercy.

5. Item the king’s justices shall cause a recognition to be made of dispossessions contrary to the Assize, since the lord king’s coming to England next after the peace made between him and the king his son.

6. Item the justices shall receive oaths of fealty for the lord king from the first Sunday after Easter to the first Sunday after Pentecost from all, to wit, earls, barons, knights and freeholders, and also villeins, who wish to remain in the realm. And whoever refuses to take the oath of fealty, shall be arrested as an enemy of the lord king. The justices are also to give orders that all those who have not yet paid homage and allegiance to the lord king that, at a time which shall be named for them, they shall come and pay homage and allegiance to the king as liege lord.

7. Item the justices shall determine all pleas and rights pertaining to the lord king and to his crown, by writ of the lord king or of those who shall be in his place, in the matter of a half a knight’s fee and under, unless the dispute is so great that it cannot be settled without the lord king, or such as the justices shall refer to him or to those who shall be in his place on account of their uncertainty. They shall take care according to their ability to act for the advantage of the lord king. They shall also hold assize in the case of wicked robbers and evil-doers of the land, in the counties through which they are about to go, which assize is by the advice of the king his son and of his men.

8. Item the justices shall see to it that those castles which were destroyed are completely destroyed and that those which ought to be destroyed are leveled to the ground. And unless they shall do this the lord king will have the judgment of his court upon them as upon those who hold in contempt his commands.

9. Item the justices shall make inquisition with regard to churches and lands and women who are in the gift of the lord king.

10. Item let the bailiffs of the lord king answer to the exchequer both for the returns from the assize and for all their acquisitions which they make in their bailiwicks; those being excepted which pertain to the office of sheriff.

11. Item the justices shall make inquisition concerning the custody of castles both by whom and how much and where service ought to be made and let them report to the lord king.

12. Item a thief when he is arrested shall be handed over to the custody of the sheriff. And if the sheriff should be absent, he shall be taken to the nearest warden of a castle and he shall guard him till he delivers him to the sheriff.

13. Item the justices shall cause search to be made according to the custom of the land for those who have fled from the kingdom; and unless they are willing to return within the set time and stand trial in the court of the lord king, then let them be outlawed; and let the names of the outlaws be reported at Easter and at Michaelmas to the exchequer and from thence they shall be sent to the lord king.

[Back to Contents]

17. Assize of Arms

ASSIZE concerning the bearing of arms in England.

1. Let whoever holds a knight’s fee have a coat of mail and a helmet, a shield and a lance; and let every knight have as many coats of mail, and helmets, and shields, and lances as he has knight’s fees in his demesne [that is, not subinfeudated, or held by knights under him].

2. Also, let every free layman who is worth sixteen marks in chattels or in revenue have a coat of mail and a helmet and a shield and a lance: also, let every free layman who is worth ten marks in chattels or revenue have a hauberk and a head-piece of iron and a lance.

3. Item let all burghers and the whole body of freemen have a doublet of mail and a head-piece of iron and a lance.

4. Moreover let each one of them swear that before the feast of Saint Hilary he will have these arms and that he will bear faith to the lord king Henry, namely the son of the empress Matilda, and that he will bear these arms in his service according to his order and for the protection of the lord king and of his realm. And let no one who has these arms sell them or pledge them or give them away, or in any other manner alienate them, neither let a lord in any manner take them away from his man, either by forfeiture, or by gift or as a pledge, or in any other manner.

5. If any one having these arms shall die, let his arms remain to his heir. But if the heir should be of such age that he could not use the arms if there should be need let the one who has him in custody likewise have the custody of his arms and let him find a man who can use arms in the service of the lord king until the heir is of such age that he can bear arms, and then let him have them

6. Let every burgher who has more arms than he need have according to this assize sell them or give them away or otherwise alienate them to such a man as will keep them in the service of the lord king of England. And let none of them keep more arms than he is required to have according to this assize.

7. Item let no Jew keep a coat of mail or a hauberk in his possession, but let him sell it or give it away or otherwise dispose of it so that it shall remain in the service of the king.

8. Item let no one carry arms out of England except by the order of the lord king; neither let any one sell arms to any one who will carry them out of England.

9. Item let the justices cause oaths to be taken by lawful knights or other free and lawful men of the hundred or borough as many as they shall see fit, who shall have the value of chattels which makes it necessary for him to have a coat of mail and a helmet and a lance and a shield according as has been said; to wit, that one by one they will name to them all from their hundreds and neighborhoods and boroughs who have sixteen marks either in chattels or in revenue, and likewise those who have ten marks. And afterwards let the justices cause all those jurors and others to be registered; who have such an amount of chattels and revenues and what arms each ought to have according to the value of chattels or revenues, and afterwards in their presence, in the hearing of all those persons, let them cause that this assize concerning the having of arms be read and that they swear that they will have these arms according to the aforesaid value of chattels or revenue, and that they will hold them at the service of the lord king according to this said assize at the command and for the protection of the lord king Henry and of his realm. If indeed it should happen that any of those who ought to have these arms are not in the county at the time when the justices shall be in that county, the justices shall fix for him a time in another county, in their presence. And if he shall not have come to them in any county through which they shall go and he has not been in this land, a time shall be appointed for him at Westminster in the octaves of Saint Michael, that he shall be there to make his oath, as he values his life and property. And let it be commanded him that before the feast of the said Saint Hilary, he shall have arms according as it is required of him.

10. Item let the justices cause to be proclaimed throughout all the counties through which they shall go, that whoever has not these arms according as is aforesaid, the lord king shall have recourse to their persons and not at all to their land or chattels.

11. Item let no one swear concerning lawful and free men, who has not sixteen marks or ten marks in chattels.

12. Item let the justices order throughout all the counties that no one, as he values his life and property, shall buy or sell any ship to be taken away from England, and that no one shall export or cause to be exported from England, timber. And the king commands that no one shall be received for the oath of arms except a freeman.

[Back to Contents]

18. Assize of the Forest or of Woodstock

HERE begins the assize of the Forest of the lord Henry the king.

This is the assize of lord Henry the king, the son of Matilda, in England, concerning the forest and his venison, by the advice and assent of the archbishops, bishops and barons, earls and nobles of England, at Woodstock.

1. First he forbids that any one shall offend in regard to his venison or his forests in any respect: and he wills that no trust shall be put in the fact that hitherto he has had mercy because of their chattels upon those who had offended in regard to his venison and his forests. For if any one hereafter shall offend and be convicted thereof he wills that full justice be exacted as was done in the time of king Henry his grandfather.

2. Item he forbids that any one shall have bows or arrows, or hounds, or harriers in his forests unless he shall have as his warrantor the king or some one else who has the power to act as warrantor.

3. Item he forbids that any one shall give or sell anything to the wasting or destruction of his woods which are within the forest of king Henry: he grants fully that they may take from their woods what shall. be necessary for them (i.e. firewood), without wasting, and this at the view of the royal forester.

4. Item he orders that all those who have woods within the bounds of the royal forest, shall place suitable foresters in their woods, for which foresters let those to whom the woods belong be sureties or find suitable sureties who can give redress if the foresters offend in regard to anything which pertains to the lord king. And those who, without the bounds of the forest visitation, have woods in which the venison of the lord king has peace [i.e. is under the protection of the law] shall have no forester unless they have sworn to the assize of the lord king, and to the peace of his venison, and to have some guardian for the keeping of his woods.

5. Item the lord king orders that his foresters shall take care concerning the forests of knights and others who have woods within the bounds of the royal forest, that the woods be not destroyed; for if in spite of this they shall have been destroyed, let those whose woods have been destroyed know well that redress will be exacted from their persons or their lands and not from another.

6. Item the lord king orders that all his foresters shall swear that according to their ability they will hold the assize of his forests as he made it; and that they will not annoy knights or other worthy men concerning anything which the lord king has granted to them in regard to their woods.

7. Item the king orders that in every county in which he has venison, twelve knights shall be appointed for guarding his vert and venison with the forest; and that four knights shall be appointed to agist his woods and to receive and keep his pasture rents; and the king forbids that any one shall agist his woods within the bounds of the forest before the king’s own woods have been agisted, and the lord king’s period for agisting the forest shall begin fifteen days before Michaelmas and shall last fifteen days after Michaelmas.

8. And the king orders that if his forester shall have demesne woods of the lord king in his custody, and those woods shall have been destroyed, and he can neither give nor allege a good reason for the destruction of the woods, the person of the forester himself and not something else shall be seized.

9. Item the king forbids that any clerk shall offend in regard to his venison or his forests: he especially orders his foresters that if they find them offending, they shall not hesitate to lay hands upon them to seise and arrest them, and the king himself will fully warrant them.

10. Item the king orders that his essarts new and old shall be inspected [every third year], and his purprestures and wastes of the forest and that each be recorded by itself.

11. Item the king orders that the [archbishops, bishops] earls and barons and knights and freeholders and all men shall come at the summons of his m aster forester if they wish to avoid being at the mercy of the lord king, to try the forest pleas of the lord king and to transact his other business in county court.

12. At Woodstock the king orders that from whoever has offended in regard to his forests for the first time, good sureties shall be taken; and if he shall offend a second time, likewise; but if he shall offend a third time, for the third offence no other sureties shall be taken from him, nor anything else except the very person of the offender.

[13. Item he orders that every man of twelve years of age, remaining within the hunting reserve, and clerks holding a lay fief shall take oath to keep his peace.

14. Item he orders that the lawing of mastiffs shall be performed wherever his wild animals have peace or are accustomed to have it.

15. Item he orders that no tanner or bleacher of hides shall dwell in his forests outside of a borough.

16. Item the king orders that no one for the future shall chase in any manner to capture wild animals by night within or without the forest, wherever his wild animals frequent or are accustomed to have peace, under penalty of imprisonment for one year and of paying a fine or ransom at the king’s pleasure, and that no one, under the same penalty, shall make any obstruction living or dead against his wild animals in his forests and woods or in other places disafforested by himself or his predecessors.]

[Back to Contents]

19. Ordinance of the Saladin Tithe

1. THIS year each one shall give in alms a tenth of his revenues and movables, with the exception of the arms and horses and clothing of the knights, and likewise with the exception of the horses and books and clothing and vestments and articles required in divine service of whatever sort of the clerks, and of the precious stones of both clerks and laymen.

2. Moreover this money shall be collected in each parish in the presence of the parish priest and the arch-priest, and one Knight-Templar and one Knight-Hospitaller, and a servant of the lord king and the king’s clerk, and a servant of the baron and his clerk, and a clerk of the bishops; excommunication having been pronounced previously by the archbishops, bishops and arch-priests each one in every parish upon any one who does not rightfully give the aforesaid tenth in the presence and cognizance of those who ought to be present, as has been said. And if any one, to their knowledge shall have given less than he ought, four or six lawful men shall be chosen from the parish, who upon oath shall declare what amount he ought to have declared; and then this sum shall be added to the smaller amount he had given.

3. But clerks and knights who shall have taken the cross shall not pay this tithe except for their own property and demesnes: and whatever their vassals ought to pay shall be collected for their use by the aforesaid and the whole shall be paid over to them.

4. Moreover the bishops by their letters in each parish of their dioceses shall cause proclamation to be made on the day of the Nativity and of Saint Stephen and of Saint John that each one shall get together at his home the prescribed tenth before the Purification of the Blessed Virgin, and on the following day and thereafter in the presence of the aforesaid at the place to which he has been summoned each man shall make payment.

[Back to Contents]

20. Writ Præcipe

THE king to the sheriff, greeting.

Command A. that, lawfully and without delay, he restore to B. one hide of land, in such a town from which the said B. complains that the aforesaid .A. is keeping him by force, and if he does not do it, summon him by good summoners, to be before me or my justices, on the morrow after the octave of Easter in such a place, to show cause wherefore he has not done it; and have there the summoners and this writ.

Witness: Ranulph de Glanville, at Clarendon.

[Back to Contents]