sions 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.

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

["THE

(c. 1154. Latin text, Bigelow's Placita, 175. Translation by Editors.) HE 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 the 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 hc, "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. *

IN

13. Constitutions of Clarendon

(1164. Latin text, Stubbs, S. C. 137. Translation, G. and H. 68. 1 Stubbs, 501.) N 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.

II. 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