Page:Select Essays in Anglo-American Legal History, Volume 1.djvu/143

 ^. GREEN: HENRY II 129 made in its own day. The word " law " was still reserved for certain solemn uses, for the unalterable code of Scripture or for the Roman law. Men questioned what to call this new decree, given at the king's will, and to be enforced just so loncp as he should choose, and their jealous conservatism took refuge in the word " assize," as later generations in the same difficulty fell back on such words as " provision," " statute," " ordinance." The Constitutions of Clarendon two years before had lain down the principles which were to regulate the relations in England of Church and State. The Assize of Clarendon laid down the principles on which the administration of justice was to be carried out. Just as Henry had undertaken to bring Church courts and Church law under the king's con- trol, so now he aimed at bringing all local and rival jurisdic- tions whatever into the same obedience. In form the new law was simple enough. It consisted of twenty-two articles which were drawn up for the use of the judges who were about to make their circuits of the provinces. The first articles described the manner in which criminals were to be " pre- sented " before the justices or sheriff. The accusation was to be made by " juries," composed of twelve men of the hundred and four men of the township ; the " presentment " of a criminal by a jury such as this practically implied that the man was held guilty by the public report of his own neigh- bourhood, and he was therefore forbidden such chance of escape as compurgation or the less dangerous forms of ordeal might have afforded, and was sent to the almost certain con- demnation of the ordeal by water ; if by some rare fortune he should escape from this alive he was banished from the kingdom as a man of evil reputation. "All freemen were ordered to attend the courts held by the justices J The judges were given power to enter on all estates of the nobles, to see that the men of the manor were duly enrolled under the system of " frank-pledge," in groups of ten men bound to answer for one another as " pledges " for all purposes of police. Strict rules were made to prevent the possible escape of criminals. The sheriffs were ordered to aid one another in carrying the hue and cry after them from one country to