Henry ii assizes
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Transcript of Henry ii assizes
• Standardised for common crimes under Henry II
• Increasing availability, speeding up process
• Use of seal made document official – no need for King to be present
• Available for purchase by free men
• Especially civil cases (litigation; land disputes)
• By 1180s no freeman had to attend a
baron’s court
• Returnable writs
• Accountability
• Sheriffs’ actions scrutinised by King’s justices
• Aimed at standardising Church law
• Henry II wanted clergy guilty of non-religious crimes to be tried in the King’s courts
• Religious crimes?!
• Heresy
• Blasphemy
• Immorality
• Crimes against the Church
• Led to dispute with Thomas Becket,
Archbishop of Canterbury
• Results in Thomas’ murder
• An eyre was a visit from the king’s judges
• 1166 Henry established regular visits to the counties by his judges
• To county or borough court to …
• Hear Crown pleas (murder, rape, arson etc.)
• Hear legal cases brought by a writ
• Where A decides to sue B and so buys a writ
• Investigate king’s feudal dues
• Questions on these were sent in advance
• The country was divided into groups of counties – circuits
• When a judge was travelling his circuit he was ‘on eyre’
• This began just before the Assize of Clarendon
• Part of major drive against crime 1165-6
• All sheriffs allowed to enter barons’ courts to check tithings
• King’s justices allowed to review the justice handed out in
barons’ courts
• And take action if they felt it was necessary
• No-one was to prevent sheriffs entering their lands to arrest
those accused of, or outlawed for, serious crime
• Ordeal by water to replace other ordeals
• Established juries of Presentment
• Clamped down on vagrants, travellers and ‘strangers’
• Developed the Assize of Clarendon
• Introduced harsher, more mutilatory punishments
• Increased the range of crimes that justices-in-eyre
could examine
• Including arson and forgery
• Introduced two new types of legal action concerning
land holding
• Mort d’Ancestor
• Novel Disseisin
• Major reorganisation of Forest Law
• Still separate from the rest of the legal system
• Under the King’s direct control
• Followed similar lines of earlier reforms for other parts of the
legal system
• Divided the forests into different parts
• Allocated one of 4 justices to oversee each of them
• Appointed two members of his Household for
each to oversee day-to-day running and administration