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Henry II's Assize of Clarendon (1166)
1) In what ways does clause 1 sound very much like a modern judicial practice? What do you think the expression "lawful men" means? What is it shorthand for?
2) What does clause 4 seem to suggest about the Anglo-Norman state?
3) Who plays a role in the administration of justice? What role do the "lawful men" play? What role does the state play? Who appears to control this administration? Who bears the cost of justice and reaps its profits? (For answer to the last question, see clauses 5 and 7.)
4) Why purpose did the laws concerning vagabonds and other lawless folks serve? (See clauses 14 through 18.)
5) What purpose does clause 20 serve?
6) How does this assize appear to differ from the Anglo-Saxon law codes we read earlier?
Henry II's Assize of Arms (1181)
1) What are the assize's main provisions?
2) How does the assize represent a return to Anglo-Saxon tradition? How does it represent a departure from Norman feudalism?
3) Who is involved in the execution and enforcement of this assize? How would you characterize a government that could make this assize a reality?
Henry II's Constitutions of Clarendon (1164)
Before you look at this document, read the textbook's discussion of the controversy between Henry II and Becket.
Clause 1: What does this clause mean? Why is it so important?
Clause 3: How does this clause operate? Why is it significant? Who gets the advantage in this case?
Clause 4: What is the purpose of this clause?
Clauses 5 and 10: Why is the king so solicitous of excommunicates? Why does the king want to give those under interdict ample chance to defend themselves?
Clause 7: Why is the king to be consulted in the matter of excommunicating his tenants-in-chief?
Clause 8: What is the purpose of this clause?
Clause 11: Why is the king insistent on this right?
Clause 12: This is indeed an old tradition—why does the king feel the need to repeat it?
Clause 13: What purpose does this reminder serve?
Clause 16: Why does the king insist on villeins obtaining permission from their lord before becoming ordained? Why would he have to restate this rule?
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by Hugh Dubrulle, 2001
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