Henry II's legal reforms

system in 1154
1. problems with access to justice eg the poor and geographical aspect
  1. impartiality of justice eg sheriffs favoured those with power
    1. overlapping jurisdictions of courts- knowing where a case should be resolved eg church court, manorial court, royal court, shire court
reforms introduced in the Assizes of Clarendon (1166) and Northampton (1176)=
1. itinerant judges (in addition to the sheriffs in the shire courts), hearing cases in the King's courts, visiting each shire every 2 years
  1. sheriffs no longer involved in hearing cases- only choosing jurors and arresting suspects
    1. juries- local men, role differed between civil and criminal cases
land law- 1) Novel Disseisin (when someone had land taken from them unjustly) 2) Mort d'Ancestor (when someone had been denied inheritance of land)
role of feudal courts decreased- decreasing power of barons, increased role of crown in localities, had to obtain royal writ and case to be heard by King's justices
1. standardised writs = improved speed and efficiency, king did not need to be present, returnable writs also,
Possessary assizes- Assize Atrum (whether piece of land was free of obligations of service to the Lord) Darrein Presentment (who had the right to appoint a priest to the local church)
The Grand Assize 1179- determined moral right to possess land beyond issue of inheritance/possession

Resource summary

	Created by rhianemily almost 10 years ago