Crime and Society, 1550-1750: Courts and Legal System Overview
The lecture covers the courts and legal system during the period of 1550-1750, focusing on the role of the monarch, Parliament, King's Bench, Court of Common Pleas, Assizes, Old Bailey, and local courts like Quarter Sessions. It highlights the hierarchy and functions of different courts in dealing with criminal and civil cases, providing a glimpse into the judicial structure of the time.
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CRIME AND SOCIETY, 1550-1750 LECTURE 2: THE COURTS
2 Historiography 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 Kings 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 Kings 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
7 Beyond 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
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
