The two articles last mentioned are especially remarkable. The former provided that if a layman was accused before a bishop on insufficient testimony, the sheriff should at the bishop’s request summon a jury of twelve lawful men of the neighbourhood to swear to the truth or falsehood of the charge.[118] The other clause decreed that when an estate was claimed by a clerk in frank-almoign and by a layman as a secular fief the question should be settled by the chief justiciar in like manner on the recognition of twelve jurors.[119] The way in which these provisions are introduced implies that the principle contained in them was already well known in the country; it indicates that some steps had already been taken towards a general remodelling of legal procedure, intended to embrace all branches of judicial administration and bring them all into orderly and harmonious working. In this view the Constitutions of Clarendon were only part of a great scheme in whose complete developement they might have held an appropriate and useful place.[120] But the churchmen of the day, to whom they were thus suddenly presented as an isolated fragment, could hardly be expected to see in them anything but an engine of state tyranny for grinding down the Church. Almost every one of them assumed, in some way or other, the complete subordination of ecclesiastical to temporal authority; the right of lay jurisdiction over clerks was asserted in the most uncompromising terms; while the last clause of all, which forbade the ordination of villeins without the consent of their lords, stirred a nobler feeling than jealousy for mere class-privileges. Its real intention was probably not to hinder the enfranchisement of serfs, but simply to protect the landowners against the loss of services which, being attached to the soil, they had no means of replacing, and very possibly also to prevent the number of criminal clerks being further increased by the admission of villeins anxious to escape from the justice of their lords. But men who for ages had been trained to regard the Church as a divinely-appointed city of refuge for all the poor and needy, the oppressed and the enslaved, could only see the other side of the measure and feel their inmost hearts rise up in the cry of a contemporary poet--“Hath not God called us all, bond and free, to His service?”[121] [118] Const. Clarend. c. 6 (Stubbs, _Select Charters_, pp. 138, 139). [119] Const. Clarend. c. 9 (Stubbs, _Select Charters_, p. 139). [120] It should be noticed that this was clearly understood, and full justice was done to Henry’s intentions, not only by the most impartial and philosophic historian of the time--William of Newburgh (l. ii. c. 16; Howlett, vol. i. p. 140)--but even by Thomas’s most ardent follower, Herbert of Bosham (Robertson, _Becket_, vol. iii. pp. 272, 273, 278, 280).