crime and society, 1550-1750 lecture 2: the courts

CRIME AND SOCIETY, 1550-1750LECTURE 2: THE COURTS

2Historiography

J. Baker, ‘An Introduction to English Legal History’, (1971).

J. Beattie, ‘Crime and the Courts in England, 1660-1800’ (1986).

Monarch as apex of system

Fountain of justice

All courts run in name of monarch

All writs are monarch’s writs

James I of England, VI of Scotland

Role of Parliament Statute Law Change or

alter any law Part of

Common Law

Henry VII and Parliament

The King’s Bench & Court of Common Pleas.

King’s Bench dealt centrally with criminal cases

Most senior court based at Westminster

Acted as a court of appeal

Court of the King’s Bench

The King’s Bench & Court of Common Pleas.

Common Pleas – civil cases

Shared Westminster Hall with King’s Bench

Competed for cases

Court of the King’s Bench

7Beyond London

Assizes (serious crimes) Quarter Sessions (lesser crimes) Petty Sessions (even lesser crimes) Manorial Courts (‘Lord of the manor’)

Assizes

Main forum for the prosecution of serious, capital crimes

Six circuits: Norfolk, Oxford, Western, Home Counties, Northern, Midland

Assizes –linked centre to locality –twice a year Assize Court, Devizes, Wilts

Assizes Circuits

The Old Bailey

London’s criminal court

Records available via ‘Old Bailey Online’

The Old Bailey, London

Court System - Local Courts

Quarter sessions

4 times a year: JPs on Commission of the Peace

Minor offences

Admin tasks

Co-ordinated local government

Monthly meetings turn into Petty Sessions

Ripon Quarter Sessions Courthouse

Sample of local cases

Hertford 1625 “Edmund Mortimer had a great company in his house at the time of divine service, making a great noise.”

Richard Crouch the Younger and Thomas his brother for often swearing , four times a piece since shrovetide last.”

St Albans 1650s “for layeinge of stinking goare and dounge in Dagnel Lane,”

“John Carter fined 3 shillings and four pence for selling beer without a licence,”

Petty sessions

Evolved from the later 16th century from the informal meetings between the Quarter sessions

Control of markets – poor relief –engrossing - idea of the “just” price – control wages - anti-monopoly

Bench of magistrates dealing out summary justice

No jury Not a court of official record

Borough & Liberty Sessions

Borough Courts

Hertford, St Albans, & Berkamstead

St Albans Liberty

Market & Mayor’s Courts

Hemel Hempstead Bailiff

Breaches of local regulations & bye-laws

Court of Piepowder

Liberty of St Albans St Alban’s Gaol

Manorial Court Leet

Breach of manorial regulations & criminal offences by tenants

Appoint constables Watford Encroachment:

horses on common land, dung on highway, escaping pigs

Steward presided -Jury of Tenants

Court Leet at Tunstall Staffs

Prerogative Courts

Court of the Exchequer

Court of Admiralty

Court of Chancery & Equity

The Star Chamber

Court of Chancery

Court of Star Chamber

King’s Privy Council

Cases of riot & rebellion

Bribery of juries (embracery)- no jury

Suborning of Judges

Supervise Judicial system

Abused politically by Charles I

Abolished 1641

Ecclesiastical Courts

Doctrinal conformity

Probate of Wills & property

Pursue recusants

Cases referred from Archdeacons courts

Dealt with moral, religious, financial and administrative offences

Conclusion

Criminal Courts

Petty Crime Courts & Local Administration

Royal Courts

Religious Courts

The building blocks of central administration?

18th century justices at work