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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