A certain part of the customs and
dignities which were recognized is contained in the present writing. Of which part these
are the articles:
1. If a controversy arise between laymen, or between laymen and clerks, or between clerks
concerning patronage and presentation of churches, it shall be treated or concluded in the
court of the lord king.
2. Churches of the lord king's fee cannot be permanently bestowed without his consent and
grant.
3. Clerks charged and accused of any matter, summoned by the king's justice, shall come
into his court to answer there to whatever it shall seem to the king's court should be
answered there; and in the church court to what it seems should be answered there; however
the king's justice shall send into the court of Holy Church for the purpose of seeing how
the matter shall be treated there. And if the clerk be convicted or confess, the church
ought not to protect him further.
4. It is not permitted the archbishops, bishops, and priests of the kingdom to leave the
kingdom without the lord king's permission. And if they do leave they are to give
security, if the lord king please, that they will seek no evil or damage to king or
kingdom in going, in making their stay, or in returning.
5. Excommunicate persons ought not to give security for an indefinite time, or give an
oath, but only security and pledge for submitting to the judgment of the church in order
that they may be absolved.
6. Laymen ought not to be accused save by dependable and lawful accusers and witnesses in
the presence of the bishop, yet so that the archdeacon lose not his right or anything
which he ought to have thence. And if there should be those who are deemed culpable, but
whom no one wishes or dares to accuse, the sheriff, upon the bishop's request, shall cause
twelve lawful men of the neighborhood or the vill to take oath before the bishop that they
will show the truth of the matter according to their conscience.
7. No one who holds of the king in chief or any of the officials of his demesne is to be
excommunicated or his lands placed under interdict unless the lord king, if he be in the
land, or his justiciar, if he be outside the kingdom, first gives his consent, that he may
do for him what is right: yet so that what pertains to the royal court be concluded there,
and what looks to the church court be sent thither to be concluded there.
8. As to appeals which may arise, they should pass from the archdeacon to the bishop, and
from the bishop to the archbishop. And if the archbishop fail in furnishing justice, the
matter should come to the lord king at the last, that at his command the litigation be
concluded in the archbishop's court; and so because it should not pass further without the
lord king's consent.
9. If litigation arise between a clerk concerning any holding which the clerk would bring
to charitable tenure but the layman to lay fee, it shall be determined on the decision of
the king's chief justice by the recognition of twelve lawful men in the presence of the
king's justice himself whether the holding pertain to charitable tenure or to lay fee. And
if the recognition declare it to be charitable tenure, it shall be litigated in the church
court, but if lay fee, unless both plead under the same bishop or baron, the litigation
shall be in the royal court. But if both plead concerning that fief under the same bishop
or baron, it shall be litigated in his court; yet so that he who was first seised lose not
his seisin on account of the recognition that was made, until the matter be determined by
the plea.
10. If any one who is of a city, castle, borough, or demesne manor of the king shall be
cited by archdeacon or bishop for any offense for which he ought to beheld answerable to
them and despite their summonses he refuse to do what is right, it is fully permissible to
place him under interdict, but he ought not to be excommunicated before the king's chief
official of that vill shall agree, in order that he may authoritatively constrain him to
come to his trial. But if the king's official fail in this, he himself shall be in the
lord king's mercy; and then the bishop shall be able to coerce the accused man by
ecclesiastical authority.
11. Archbishops, bishops, and all ecclesiastics of the kingdom who hold of the king in
chief have their possessions of the lord king as barony and answer for them to the king's
justices and ministers and follow and do all royal rights and customs; and they ought,
just like other barons, to be present at the judgments of the lord king's court along with
the barons, until it come in judgment to loss of limbs or death.
12. When an archbishopric or bishopric, or an abbey or priory of the king's demesne shall
be vacant, it ought to be in his hands, and he shall assume its revenues and expenses as
pertaining to his demesne. And when the time comes to provide for the church, the lord
king should notify the more important clergy of the church, and the election should be
held in the lord king's own chapel with the assent of the lord king and on the advice of
the clergy of the realm whom he has summoned for the purpose. And there, before he be
consecrated, let the elect perform homage and fealty to the lord king as his liege lord
for life, limbs, and earthly honor, saving his order.
13. If any of the great men of the kingdom should forcibly prevent archbishop, bishop, or
archdeacon from administering justice in which he or his men were concerned, then the lord
king ought to bring such an one to justice. And if it should happen that any one deforce
the lord king of his right, archbishops, bishops, and archdeacons ought to constrain him
to make satisfaction to the lord king.
14. Chattels which have been forfeited to the king are not to be held in churches or
cemeteries against the king's justice, because they belong to the king whether they be
found inside churches or outside.
15. Pleas concerning debts, which are owed on the basis of an oath or in connection with
which no oath has been taken, are in the king's justice.
16. Sons of villeins should not be ordained without the consent of the lord on whose land
it is ascertained they were born.
The declaration of the above-mentioned royal customs and dignities has been made by the
archbishops, bishops, earls, barons, and the nobler and older men of the kingdom, at
Clarendon on the fourth day before the Purification of the Blessed Virgin Mary, lord Henry
being present there with the lord king his father. There are, indeed, many other great
customs and dignities of holy mother church and of the lord king and barons of the
kingdom, which are not included in this writing, but which are to be preserved to holy
church and to the lord king and his heirs and the barons of the kingdom, and are to be
kept inviolate forever.
© 1996 The Avalon Project. William C. Fray and Lisa A. Spar, Co-Directors. |
before the archbishops and bishops and clergy, and the earls and barons and great men of
the kingdom. And these same customs declared by the archbishops, bishops, earls, and
barons, and by the nobler and older men of the kingdom, 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 Jocelin bishop of Salisbury and Richard bishop of Chester
and Bartholomew bishop of Exeter and Robert bishop of Hereford and David bishop of St.
David's and Roger elect of Worcester conceded and on the word of truth firmly promised by
word of mouth should be held and observed for the lord king and his heirs in good faith
and without subtlety, 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 Mowbray, Simon de Beauchamp, Humphrey de Bohun,
Matthew de Hereford, Walter de Mayenne, Manser Biset the steward, William Malet, William
de Courcy, Robert de Dunstaville, Jocelin de Baillol, William de Lanvallei, William de
Caisnet, Geoffrey de Vere, William de Hastings, Hugh de Moreville, Alan de Neville, Simon
Fitz Peter, William Maudit the chamberlain, John Maudit, John Marshall, Peter de Mara, and
many other great men and nobles of the kingdom both clergy and laymen. 