abuse were exchanged (c. 4). The offender’s property should be the
pledge for payment of a twenty-pound fine (c. 5). A clerk who broke the
peace or sheltered a peace-breaker, and was convicted before the bishop
by sufficient testimony, should pay the count the twenty-pound fine as
well as make satisfaction to the bishop according to the canonical
statutes (c.6). Judge and people must go in pursuit of a notorious peace-
breaker, whose lord must surrender him if he took refuge in his castle
(c. 7).^82
After these criminal provisions came two important clauses dealing
with disputes over land-rights. The sitting tenant might ward off a claim
to his land by bringing his lord before the count and making him prove
‘by suitable witnesses’ that the property had been his to grant (c. 8); if
several claimants to the same land produced different grantors (investi-
tores), a sworn verdict should be obtained from neighbours as to who
had rightful possession, that is one gained without violence (c. 9). The
next clause prescribed the ways in which people of different status
should be tried for their crimes. A knight accused by another knight was
to be allowed a judicial duel, once he had proved the knightly rank of
his family; a knight accused by a peasant (rusticus) might bring four
other knights to swear that he had not willingly broken the peace; and
a peasant accused by a knight could choose either the judgment of God
(an ordeal) or the verdict of ‘suitable witnesses’ chosen by the judge
(c. 10). Economic clauses followed. Each count was instructed that in
September he should choose seven men of good repute and with them
decide the price of corn in his district according to the quality of the
harvest; whoever sold it at a higher price during the next year should be
deemed a peace-breaker and liable to the twenty-pound fine for each
offence (c. 11). A judge should take away a lance or sword from a
peasant found bearing them within his jurisdiction, or fine him twenty
shillings (c. 12); but a merchant crossing the country on business might
carry a sword on his saddle or in his cart to defend himself against
robbers (c. 13). No one might set nets or other traps to take game but
only to catch bears, wild boar, or wolves (c. 14). Anyone who abused
his powers as an advocate (protector or lay steward of a church) and,
though admonished by his overlord, did not mend his ways was to be
stripped of his advowson and benefice by judicial process; if he dared to
enter them thereafter, he should be held a peace-breaker (c. 17). Counts
and judges were enjoined particularly to enforce laws and judgments
within their jurisdictions against ministeriales (the formidable serf-
knights of great lords) who engaged in warfare amongst themselves
(c. 19). Finally, travellers were given permission to let their horses feed
92 The Spread of the Organized Peace
(^82) Friderici I Diplomata, 1152–1158, 10–11, 39–44; cf. Constitutiones 911–1197, 194–8.