407,336
edits
Assize Court Records: Difference between revisions
classes of crimes
(breadcrumb) |
(classes of crimes) |
||
| Line 10: | Line 10: | ||
From the thirteenth century onwards, judges appointed by the king or queen of England were sent (usually in pairs) on circuits to administer both civil and criminal law. Originally their function was in civil litigation, the periodic regulation and examination of the quality, weights, measure and prices of certain products offered for sale, notably ale, bread and cloth. They were to control local justice in criminal cases, since they administered the law more accurately than the local justices, being more susceptible to royal authority than the local justices of the peace sitting in quarter sessions. They were also charged with reporting the political feeling of the area they served. By the fifteenth century, the criminal side dominated the business of the assize sessions. Any case could be heard but (after 1590) the more serious cases were sent to assize, as well as those dealing with the finer points of the law. Criminal transportation sentences to the American colonies, for example, were usually issued by assize courts (or their equivalents in Greater London). In 1971 the assize circuits were abolished and replaced by the Crown Courts. | From the thirteenth century onwards, judges appointed by the king or queen of England were sent (usually in pairs) on circuits to administer both civil and criminal law. Originally their function was in civil litigation, the periodic regulation and examination of the quality, weights, measure and prices of certain products offered for sale, notably ale, bread and cloth. They were to control local justice in criminal cases, since they administered the law more accurately than the local justices, being more susceptible to royal authority than the local justices of the peace sitting in quarter sessions. They were also charged with reporting the political feeling of the area they served. By the fifteenth century, the criminal side dominated the business of the assize sessions. Any case could be heard but (after 1590) the more serious cases were sent to assize, as well as those dealing with the finer points of the law. Criminal transportation sentences to the American colonies, for example, were usually issued by assize courts (or their equivalents in Greater London). In 1971 the assize circuits were abolished and replaced by the Crown Courts. | ||
'''Chart: Classes of Crime''' | |||
{| width="500" border="1" align="center" cellspacing="1" cellpadding="1" | |||
|- | |||
| Summary offences<br> | |||
| The least serious offences which can be tried by two magistrates.<br> | |||
|- | |||
| Misdemeanour<br> | |||
| An offence less serious than a felony.<br> | |||
|- | |||
| Felony <br> | |||
| In feudal times, any act for which forfeiture was the penalty. Later it meant offences for which the punishment included forfeiture of lands and/or goods and chattels. The chief common law felonies were homicide, rape, larceny, robbery and burglary.<br> | |||
|- | |||
| Treason<br> | |||
| The most serious class of crime comprising a breach of allegiance owed to a sovereign or state. <br> | |||
|} | |||
[[England_Quarter_Session_Records|''Quarter Sessions'']] handled summary offences and misdemeanours, but sometimes heard felonies. The ''Assizes'' were supposed to hear only serious criminal cases, but in practice some minor ones are found in their records. The reasons are no doubt complex but some may be related to the convenience of the court, and to the expenses of arrest, detention in gaol, and proceedings. The county paid the bill for the quarter sessions whilst the central government paid for the assizes. In order to reduce the burden on county funds local magistrates might commit as many prisoners to the assize as they thought reasonable.<ref>Christensen, Penelope. "England Overview of Assize Courts (National Institute)," ''The National Institute for Genealogical Studies'' (2012), https://familysearch.org/learn/wiki/en/England_Overview_of_Assize_Courts_%28National_Institute%29.</ref> | |||
=== Assize Circuits === | |||
Most of the counties of England were covered in six circuits: | Most of the counties of England were covered in six circuits: | ||
| Line 199: | Line 220: | ||
The assize was held twice a year in the “rural” circuits, during Lent and Summer. By the mid-nineteenth century, as the criminal caseload grew, a Winter court was sometimes added. The Home “circuit” held court during the Winter. Judges would be involved in their court cases every winter, then many would travel to the other circuits during Lent and Summer. These courts would take place in towns with a jail known as "gaol" within the county. The circuit court could last up to 5 weeks depending on the number of cases being heard. | The assize was held twice a year in the “rural” circuits, during Lent and Summer. By the mid-nineteenth century, as the criminal caseload grew, a Winter court was sometimes added. The Home “circuit” held court during the Winter. Judges would be involved in their court cases every winter, then many would travel to the other circuits during Lent and Summer. These courts would take place in towns with a jail known as "gaol" within the county. The circuit court could last up to 5 weeks depending on the number of cases being heard. | ||
A few cases each year were referred from the outlying circuit to the Home courts. Most of the records are in Latin until 1733, and they are often abbreviated. | A few cases each year were referred from the outlying circuit to the Home courts. Most of the records are in Latin until 1733, and they are often abbreviated. | ||
=== Content === | === Content === | ||