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The '''Courts of Assize''', or '''Assizes''', were periodic criminal courts held around [[England and Wales]] until 1972, when together with the [[England Quarter Session Records|Quarter Sessions]] they were abolished by the ''Courts Act 1971'' and replaced by a single permanent Crown Court. The Assizes heard the most serious cases, which were committed to it by the [[England Quarter Session Records|Quarter Sessions]] (local county courts held four times a year), while the more minor offences were dealt with summarily by Justices of the Peace in petty sessions (also known as Magistrates' Courts). | The '''Courts of Assize''', or '''Assizes''', were periodic criminal courts held around [[England and Wales]] until 1972, when together with the [[England Quarter Session Records|Quarter Sessions]] they were abolished by the ''Courts Act 1971'' and replaced by a single permanent Crown Court. The Assizes heard the most serious cases, which were committed to it by the [[England Quarter Session Records|Quarter Sessions]] (local county courts held four times a year), while the more minor offences were dealt with summarily by Justices of the Peace in petty sessions (also known as Magistrates' Courts). | ||
The word assize refers to the sittings or sessions (Old French ''assises'') of the judges, known as "justices of assize", who were judges of the King's Bench Division of the High Court of Justice who travelled across the seven circuits (formerly, there were six) of England and Wales on commissions of "oyer and terminer", setting up court and summoning juries at the various Assize Towns. | |||
=== Introduction === | === Introduction === | ||
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=== Availability === | === Availability === | ||
Records of surviving assize circuits are held at [[England The National Archives|The National Archives]]. London Sessions and Middlesex Sessions records are kept at the [[ | Records of surviving assize circuits are held at [[England The National Archives|The National Archives]]. London Sessions and Middlesex Sessions records are kept at the [[London Metropolitan Archives|London Metropolitan Archives]]. | ||
The absence of continuity and the decentralization of the itinerant court reflected in the compilation and custody of its records. As early as 1325, it was necessary to order that the rolls of the circuit judges be submitted to the Exchequer. Ten years later, it was law to surrender the records of each Michaelmas Term. Strict observance of these laws is doubtful. In the fifteenth century, it appeared that circuit records were handed from one presiding judge of the circuit to the next judge. However, gaol delivery records are numerous in the fourteenth and some of the fifteenth century. But in 1470, the records cease. It appears that the circuit rolls remained in the custody of the clerks of assize, and their survival became hazardous. Many clerks seemed to have adopted a radical solution: circuit records should be retained no longer than was required for current business. Most of the Midland Circuit records have virtually been exterminated. Almost all of the Elizabethan assize records for all circuits have been destroyed by accident and clerical weeding, except for the Home Circuit. There are not enough extant records between 1600‑1650 to give a clear idea of the working of assizes. Even after that date, when indictment files and related documents begin in series, all classes are broken or riddled with gaps. | The absence of continuity and the decentralization of the itinerant court reflected in the compilation and custody of its records. As early as 1325, it was necessary to order that the rolls of the circuit judges be submitted to the Exchequer. Ten years later, it was law to surrender the records of each Michaelmas Term. Strict observance of these laws is doubtful. In the fifteenth century, it appeared that circuit records were handed from one presiding judge of the circuit to the next judge. However, gaol delivery records are numerous in the fourteenth and some of the fifteenth century. But in 1470, the records cease. It appears that the circuit rolls remained in the custody of the clerks of assize, and their survival became hazardous. Many clerks seemed to have adopted a radical solution: circuit records should be retained no longer than was required for current business. Most of the Midland Circuit records have virtually been exterminated. Almost all of the Elizabethan assize records for all circuits have been destroyed by accident and clerical weeding, except for the Home Circuit. There are not enough extant records between 1600‑1650 to give a clear idea of the working of assizes. Even after that date, when indictment files and related documents begin in series, all classes are broken or riddled with gaps. | ||
A list of the assize records, arranged by circuit, available in the Public Record Office (now [http://www.nationalarchives.gov.uk/ The National Archives]) is printed in their "Information leaflet number 26" (see below), and in a section of ''Tracing Your Ancestors in the Public Record Office ''(see below). You can also find research guides to assize records on [http://www.nationalarchives.gov.uk/catalogue/researchguidesindex.asp The National Archives] website. | A list of the assize records, arranged by circuit, available in the Public Record Office (now [http://www.nationalarchives.gov.uk/ The National Archives]) is printed in their "Information leaflet number 26" (see below), and in a section of ''Tracing Your Ancestors in the Public Record Office ''(see below). You can also find research guides to assize records on [http://www.nationalarchives.gov.uk/catalogue/researchguidesindex.asp The National Archives] website. | ||
=== Definitions === | === Definitions === | ||
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In addition to the above three sources, here is a select list of other sources for more information about assize records.<br> | In addition to the above three sources, here is a select list of other sources for more information about assize records.<br> | ||
*[http://217.154.230.218/NR/rdonlyres/43C352A8-3F2A-4B20-83A4-26070196B9DE/0/39ABRIEFGUIDETOTHEMIDDLESEXSESSIONSRECORDS.pdf 'A Brief Guide to the Middlesex Sessions Records'.] London: London Metropolitan Archives. Information Leaflet Number 39. | *[http://217.154.230.218/NR/rdonlyres/43C352A8-3F2A-4B20-83A4-26070196B9DE/0/39ABRIEFGUIDETOTHEMIDDLESEXSESSIONSRECORDS.pdf 'A Brief Guide to the Middlesex Sessions Records'.] London: London Metropolitan Archives. Information Leaflet Number 39. | ||
*[http://www.nationalarchives.gov.uk/catalogue/RdLeaflet.asp?sLeafletID=154 'Assizes: Criminal Trials'.] London: The National Archives, 2009. Legal Records Information no. 13. | *[http://www.nationalarchives.gov.uk/catalogue/RdLeaflet.asp?sLeafletID=154 'Assizes: Criminal Trials'.] London: The National Archives, 2009. Legal Records Information no. 13. | ||
*[http://www.nationalarchives.gov.uk/catalogue/RdLeaflet.asp?sLeafletID=153 'Assizes: English, 1656-1971: Key to Series for Civil Trials'.] London: The National Archives, 2004. Legal Records Information no. 12. | *[http://www.nationalarchives.gov.uk/catalogue/RdLeaflet.asp?sLeafletID=153 'Assizes: English, 1656-1971: Key to Series for Civil Trials'.] London: The National Archives, 2004. Legal Records Information no. 12. | ||
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*FitzHugh, Terrick V.H., ''The Dictionary of Genealogy''. Third Edition. Totowa, New Jersey, USA: Barnes and Noble, 1991. FHL book 942 B2ff; see pages 40‑41, 118, 208 and 215. | *FitzHugh, Terrick V.H., ''The Dictionary of Genealogy''. Third Edition. Totowa, New Jersey, USA: Barnes and Noble, 1991. FHL book 942 B2ff; see pages 40‑41, 118, 208 and 215. | ||
*Hawkings, David T., ''Criminal Ancestors: A Guide to Historical Criminal Records in England and Wales''. Wolfeboro Falls, New Hampshire, USA, Alan Sutton Publishing, Incorporated, 1992. FHL book 942 P27h; pages 77‑90; the chapter includes many examples. | *Hawkings, David T., ''Criminal Ancestors: A Guide to Historical Criminal Records in England and Wales''. Wolfeboro Falls, New Hampshire, USA, Alan Sutton Publishing, Incorporated, 1992. FHL book 942 P27h; pages 77‑90; the chapter includes many examples. | ||
*Richardson, John. ''The Local Historian’s Encyclopedia'', Second Edition. New Barnet, England: Historical Publications, Limited, 1986. FHL book 942 H2rjo; see sections D83, D192, D207, D214, D215, D216, D246, L29, L30, L31, L32, L33, L37, L38, L39, P51, P52, P53 and P56. | *Richardson, John. ''The Local Historian’s Encyclopedia'', Second Edition. New Barnet, England: Historical Publications, Limited, 1986. FHL book 942 H2rjo; see sections D83, D192, D207, D214, D215, D216, D246, L29, L30, L31, L32, L33, L37, L38, L39, P51, P52, P53 and P56. | ||
*[http://217.154.230.218/NR/rdonlyres/43C352A8-3F2A-4B20-83A4-26070196B9DE/0/39ABRIEFGUIDETOTHEMIDDLESEXSESSIONSRECORDS.pdf 'Sessions Records for the City of London and Southwark'.] London: London Metropolitan Archives. Information Leaflet Number 40. | *[http://217.154.230.218/NR/rdonlyres/43C352A8-3F2A-4B20-83A4-26070196B9DE/0/39ABRIEFGUIDETOTHEMIDDLESEXSESSIONSRECORDS.pdf 'Sessions Records for the City of London and Southwark'.] London: London Metropolitan Archives. Information Leaflet Number 40. | ||