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Assize of Clarendon

Assize of Clarendon

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Published by Jared Walczak
The Act of King Henry II that began the transition to an evidentiary model of jurisprudence.
The Act of King Henry II that began the transition to an evidentiary model of jurisprudence.

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Published by: Jared Walczak on Nov 30, 2013
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11/30/2013

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Assize of Clarendon

1166

The Original Version of this Text was Rendered into HTML by Jon Roland of the Constitution Society Converted to PDF by Danny Stone as a Community Service to the Constitution Society

ing was .ing was .ing$ let hi be arrested and go to the )*dg ent of water$ and let hi swear that he was not a robber or *rderer or thief or a re%ei(er of the sin%e the lord .# And if the lord of hi who was arrested or his steward or his en de and hi by &ledge within the third day after his arrest$ let hi be gi(en *& and his %hattels *ntil he a.e his law# .ing# And let the )*sti%es in+*ire this before the sel(es and the sheriffs before the sel(es# -# And he who shall be fo*nd by the oath of the aforesaid %ited or %harged as ha(ing been a robber or *rderer or thief or a re%ei(er of the sin%e the lord .nows# .ing was .Assize of Clarendon 1 Here begins the Assize of Clarendon ade by !ing Henry ""#$ with the assent of ar%hbisho&s$ bisho&s$ abbots$ earls$ and barons of all 'ngland# 1# "n the first &la%e the said !ing Henry ordained on the ad(i%e of all his barons$ for &reser(ing &ea%e and aintaining )*sti%e$ that in+*iry be ade thro*gh the se(eral %o*nties and thro*gh the se(eral h*ndreds by twel(e ore lawf*l en of the h*ndred and by fo*r ore lawf*l en of ea%h (ill$ *&on oath that they will tell the tr*th$ whether in their h*ndred or in their (ill there is any an %ited or %harged as hi self being a robber or *rderer or thief or any one who has been a re%ei(er of robbers or *rderers or thie(es sin%e the lord .ing$ to the (al*e of fi(e shillings so far as he .

e their law# 1# And in the %ase of those who are arrested by the aforesaid oath of this assize no one is to ha(e %o*rt or )*sti%e or %hattels ex%e&t the lord .ing shall ha(e all their %hattels# 2*t as to those who ha(e been arrested otherwise than by this oath$ let it be as it is a%%*sto ed and o*ght to be# 6# And let the sheriffs who ha(e arrested the bring the before the )*sti%e witho*t any other s* ons than they shall ha(e fro hi # And when robbers$ *rderers$ thie(es$ or their re%ei(ers$ who ha(e been arrested thro*gh the oath or otherwise$ are t*rned o(er to the sheriffs$ they are forthwith to re%ei(e the witho*t delay# 3# And in the se(eral %o*nties where there are no )ails$ let the be ade in a boro*gh or in so e %astle of .en0 and the )*sti%es shall send ba%.ing in his %o*rt before his )*sti%es$ and the lord . word to the sheriffs where they wish to ha(e the en bro*ght before the 0 and the sheriffs shall bring the before the )*sti%es0 and also they shall bring with the fro the h*ndred and the (ill where the arrests ha(e been ade two lawf*l en to %arry the re%ord of the %o*nty and h*ndred as to why the en were arrested$ and there before the )*sti%es let the a.Assize of Clarendon - /# And when a robber or *rderer or thief or the re%ei(ers of the be arrested thro*gh the aforesaid oath$ if the )*sti%es are not to %o e +*ite soon into the %o*nty where the arrests ha(e been ade$ let the sheriffs send word by so e intelligent an to one of the nearer )*sti%es that s*%h en ha(e been ta.

Assize of Clarendon .e to &rod*%e before the )*sti%e if they are so*ght0 or else let hi be in fran.e this oath$ so that no one stay away on a%%o*nt of any i *nity whi%h he has or %o*rt or )*risdi%tion whi%h he has held0 b*t they are to %o e to a. the .ing at the .8&ledges and to see that all are *nder &ledges0 and let the be sent before the sheriffs *nder a free &ledge# 19#And let no one in the %ities or boro*ghs ha(e en or re%ei(e the into his ho*se$ land$ or )*risdi%tion$ who he will not *nderta.ing4s ser(ants$ to the end that the sheriffs ay .e this oath# 6# And let there not be any one within a %astle or o*tside a %astle$ or indeed in the honor of 7allingford$ who shall ref*se to let the sheriffs enter his %o*rt or his land to (iew the fran.8 &ledge# 11#And let there be no one in %ity or boro*gh$ inside or o*tside a %astle$ or in the honor of 7allingford who shall deny entran%e to the sheriffs into their land or )*risdi%tion for the &*r&ose of arresting those who ha(e been %ited or %harged as being robbbers or *rderers or thie(es or the re%ei(ers of the $ or o*tlaws or those %ited in a atter to*%hing the forest0 b*t it is %o anded that they hel& the in .ing4s ex&ense and fro his wood if it is near$ or fro so e neighboring wood$ on the esti ation of the .ing4s will that all %o e to the %o*nty %o*rts to a.ee& in the those who ha(e been arrested by the offi%ers whose f*n%tion it is to do this and by their ser(ants# 5# Also it is the .

#And if any one$ in the &resen%e of lawf*l en or the h*ndreds$ a.en who has the s&oil of his robbery or theft in his &ossession$ if he bear an ill na e and ha(e a notorio*sly bad re&*tation$ and ha(e no warrant$ let hi not ha(e law# 2*t if he be not s*s&e%ted on a%%o*nt of what he has in his &ossession$ let hi go to the water# 1.ing0 and there let the be o*tlaws$ and if they ret*rn let the be ta. while there or his horse$ so that he is able to show an e(ident ex%*se# .en as o*tlaws# 11#And the lord .e their law and are +*it thereby$ if they ha(e a (ery bad re&*tation and are &*bli%ly and s%andalo*sly de%ried on the testi ony of any lawf*l en$ shall forswear the .ing the arrest# 1-#And if any one be ta.ing forbids that any waif$ that is to say a (agrant or *n.ing wills that those who a.ing4s lands$ to the effe%t that within eight days they shall %ross the sea *nless the wind detain the 0 and with the first wind whi%h they ha(e thereafter they shall %ross the sea$ and they shall ne(er ret*rn to 'ngland *nless by the gra%e of the lord .e %onfession of robbery$ *rder$ theft$ or the re%e&tion of those %o itting the $ and sho*ld later wish to deny it$ let hi not ha(e law# 1/#Moreo(er the lord .nown &erson$ be gi(en lodging with any one ex%e&t in a boro*gh0 and he is not to be lodged there ex%e&t for one night$ *nless he be si%.Assize of Clarendon / a.

ing4s forest$ let the latter sheriff arrest the 0 and indeed if he find o*t of hi self or thro*gh others that s*%h en ha(e fled into his %o*nty$ he is to arrest and hold the *ntil he ha(e s*re &ledges for the # 15#And let all the sheriffs a.ing# 16#And the lord .e a list of all f*giti(es who ha(e fled fro their %o*nties0 and let the do this before the %o*nty %o*rts$ and they shall bring the na es of these en in writing before the )*sti%es when first they %o e to the $ in order that they ay be so*ght thro*gho*t all 'ngland and their %hattels seized for the benefit of the .ing wills that as soon as the sheriffs re%ei(e the s* onses of the itinerant )*sti%es to be before the with their %o*nty %o*rts$ they shall asse ble their %o*nty %o*rts and find o*t all who ha(e re%ently %o e into their %o*nties$ sin%e this assize0 and they are to send these away *nder &ledges to a&&ear before the )*sti%es$ or else .ee& the in %*stody *ntil the )*sti%es %o e to the $ and then &rod*%e the before the )*sti%es# .Assize of Clarendon 1 16#And if he sho*ld stay there ore than one night$ he is to be arrested and held *ntil his lord %o e to stand &ledge for hi $ or *ntil he hi self se%*re good &ledges0 and he who lodged hi is also to be arrested# 13#And if a sheriff send word to another sheriff that en ha(e fled fro his %o*nty to the other %o*nty be%a*se of robbery$ *rder$ theft$ or the re%e&tion of those %o itting the $ or for o*tlawry or an offense against the .

e oath to aintain this$ and he shall %a*se to ta.ing wills that this assize be held in his .nights and freeholders of the %o*nties# --#And the lord .ing0 and the ho*se in whi%h they were shall be %arried o*tside the (ill and b*rned# And e(ery sheriff shall ta.e the sa e oath all his inisters and the baron4s stewards$ and all the .$ %anon$ or brother *ntil his re&*tation be .ingdo as long as it shall &lease hi # .s or %anons or any onasti% ho*se to re%ei(e any of the lower %lass of &eo&le as on. *nto death# -1#Moreo(er the lord .Assize of Clarendon 6 -9#Also the lord .nown$ *nless he be si%.ing forbids that any one in all 'ngland sho*ld re%ei(e into his land or )*risdi%tion or any ho*se of his$ any of the se%t of those a&ostates who ha(e been ex%o *ni%ated and branded at Oxford# And if any one re%ei(es the he shall be in the er%y of the lord .ing forbids on.

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