LECTURE 2 the courts Historiography J Baker An Introduction to English Legal History 1971 J Beattie Crime and the Courts in England 16601800 1986 2 Monarch as apex ID: 215918
Download Presentation The PPT/PDF document "CRIME AND SOCIETY, 1550-1750" is the property of its rightful owner. Permission is granted to download and print the materials on this web site for personal, non-commercial use only, and to display it on your personal computer provided you do not modify the materials and that you retain all copyright notices contained in the materials. By downloading content from our website, you accept the terms of this agreement.
Slide1
CRIME AND SOCIETY, 1550-1750
LECTURE 2: the courts Slide2
Historiography
J. Baker, ‘An Introduction to English Legal History’, (1971).
J. Beattie, ‘Crime and the Courts in England, 1660-1800’ (1986).
2Slide3
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 ScotlandSlide4
Role of Parliament
Statute Law
Change or alter any law
Part of Common Law
Henry VII and Parliament Slide5
The King’s Bench &
Court of Common Pleas.
King’s
Bench dealt centrally with
c
riminal cases
Most senior court based at Westminster Acted as a court of appeal
Court of the King’s Bench Slide6
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 Slide7
Beyond London
Assizes (serious crimes)Quarter Sessions (lesser crimes)
Petty Sessions (even lesser crimes)
Manorial Courts (‘Lord of the manor’)
7Slide8
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, WiltsSlide9
Assizes Circuits Slide10
The Old Bailey
London’s criminal courtRecords available via ‘Old Bailey Online’
The Old Bailey, LondonSlide11
Court System - Local Courts
Quarter sessions4 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 CourthouseSlide12
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,” Slide13
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 Slide14
Borough & Liberty Sessions
Borough Courts Hertford, St Albans, & Berkamstead
St Albans Liberty
Market & Mayor’s Courts
Hemel Hempstead Bailiff
Breaches of local regulations & bye-lawsCourt of PiepowderLiberty of St Albans
St Alban’s Gaol Slide15
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
StaffsSlide16
Prerogative Courts
Court of the Exchequer
Court of Admiralty
Court of Chancery & Equity
The Star Chamber
Court of Chancery Slide17
Court of Star Chamber
King’s Privy Council Cases of riot & rebellion
Bribery of juries (embracery)-
n
o
jurySuborning of JudgesSupervise Judicial systemAbused politically by Charles IAbolished 1641Slide18
Ecclesiastical Courts
Doctrinal conformityProbate of Wills & property
Pursue recusants
Cases referred from Archdeacons courts
Dealt with moral, religious, financial and administrative offences Slide19
Conclusion
Criminal CourtsPetty Crime Courts & Local AdministrationRoyal CourtsReligious Courts
The building blocks of central administration?
18
th
century justices at work