CRIME AND SOCIETY, LECTURE 2: THE COURTS

Historiography J. Baker, ‘An Introduction to English Legal History’, (1971). J. Beattie, ‘Crime and the Courts in England, ’ (1986). 2

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

Beyond London  Assizes (serious crimes)  Quarter Sessions (lesser crimes)  Petty Sessions (even lesser crimes)  Manorial Courts (‘Lord of the manor’) 7

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 16 th 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? 18 th century justices at work