Assize Records in England

From the thirteenth century onwards, judges appointed by the king 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, measures 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. In 1971 the Assize circuits were abolished and replaced by the Crown Courts.

Assize circuits
Most of the counties of England were covered in six circuits: Home, Norfolk, Midland, Oxford, North, and West. Certain areas had special jurisdiction, serving much the same function as the Assizes. These areas were the Palatinate of Chester (primarily Cheshire and Flint counties), the Palatinate of Durham (covering Durham county and certain areas beyond), the Palatinate of Lancashire (covering Lancashire county), and London and Middlesex counties (covered by the Central Criminal Court at the Old Bailey). Additional, in Wales during 1542-1830, the Great Sessions of Wales was an equivalent court. Between 1830-1971, the Welsh counties were included among the Assize circuits. See Appendix 7 in David Hawkings Criminal Ancestors for lists of these circuits. The two vary slightly in their listings.

In the early years, most of the cases were heard in the courts in London. As their case loads increased, a common practice was to fix a date for trial at one of the central courts then add a note nisi prius, meaning "unless before." This meant the trial would be held in the central court unless the local circuit Assize court was held before the central court date. Usually a date was fixed in central court after they knew the next local circuit Assize court would be held in order to say the central courts from the added burden.

The Assize was held twice a year in the "rural" circuits, during Lent and Summer. By the mid-nineteenth century, as the criminal cases load 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. 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.

The Indictments give the most genealogical information, but the user is cautioned about the false information given as fact. Indictments set out the charge against the defendant, the depositions or witness statements, and the gaol or crown books, the latter listing the defendants, charges, verdict, and sentence. Ages are not given, and the alleged parish of residence is often given as the same as the place of the offence. It is common to find a defendant described as being from two or more places. No details are given about family relationships, except in some cases where the victim was related to the accused.

Other records filed with indictments include judges' commissions, calendars or lists of the prisoners to be tried, jury panels, coroners' inquests, and presentments of a variety of lesser offenses including neglect of roads and bridges, keeping unlicenced alehouses, and recusancy.

Depositions are sworn, written testimony of witnesses. The few which survive contain ages and places of residence of those giving statements. Some are filed with the indictments instead of separately.

Gaol Books, Crown Minute Books and Agenda Books list the names of the prisoners and record in outline form the cases heard, or yet to be heard. They are annotated with the plea, verdict and sentence.

Order Books list the orders made by the judges in local disputes, frequently referring cases to the arbitration of local magistrates. Some are found among the Miscellaneous Books.

Miscellaneous Books record the proceedings under writs of nisi prius (see explanation later). The writs were usually returned to the central courts.

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 for 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: a circuit record should be retained no longer than was required for current business. Most of the Midland Circuit records have virtually been destroyed. 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 is series, all classes are broken or riddled with gaps.

Definitions
The following terms are explained in more detail in the FitzHugh and Richardson books (see bibliography).

Gaol Delivery
sometimes referred to as Commission of Gaol Delivery. A judicial hearing of the charges against all prisoners awaiting trial in the area prisons.

Oyer and Terminer
sometimes referred to as Commission of Oyer and Terminer. The king empowered justices of the royal courts to hear all charges of felony (including murder, treason, insurrection, and coining) in the provinces.

Nisi Prius
'unless before.'

Assize of Darrien Presentment
concerned with the dispossession of advowsons. A writ called on the sheriff to summon a jury to declare whether the plaintiff had the right to present a benefice.

Assize of Mort d'Ancestor
a case where the plaintiff claimed he had been dispossessed of a property that was his by inheritance.

Assize of Novel Disseisin
if a tenant thought he was unlawfully evicted, he obtained a writ to have the sheriff summon a jury to pronounce on his plea.

Possessory Assizes
a collective name for the three previous Assizes.

Grand Assize
where a tenant had a right to defend his right to land a sheriff was issued with a writ of peace.

Justices of Eyre
judges sent on circuits by the king to sit in sessions of county courts for a short period. They were to standardize justice in local areas where local standards were usually the rule.

Abbreviations
Abbreviations are used frequently in Assize records and sometimes in the calendars of the same. Lists of abbreviations are found in the following places:

A History of the Assizes 1558-1714by Cockburn, pages xv-xviii Calendar of Assize Records: Introductionby Cockburn, pages viii-x

Select Bibliography
“Assizes: Criminal Trials”, The National Archives Legal Records Information 13.

“Assizes: English, 1656-1971: Key to Series for Civil Trials.” The National Archives Legal Records Information 12.

“Assizes: English: Key for Criminal Trials, 1559-1971”, The National Archives Legal Records Information 14.

“Assizes: Welsh, 1831-1971: Key to Series for Criminal and Civil Trials”, The National Archives Legal Records Information 15.

Bevan, Amanda and Andrea Duncan. Tracing Your Ancestors in the Public Record Office.4th ed. London: Her Majesty's Stationery Office, 1990. See chapter 38, sections 1, 3, 4.

Cockburn, J.S. Calendar of Assize Records: Introduction.London: Her Majesty's Stationery Office, 1985. See pgs viii-x; Appendix VIII shows examples.

Cockburn, J.S. A History of the English Assizes, 1558-1714.Cambridge: Cambridge University Press, 1972. See pgs ix-xviii, 1-11.

FitzHugh, Terrick V.H. The Dictionary of Genealogy.3rd ed. Totowa, New Jersey: Barnes &amp; Noble, 1991. See pgs 40-41, 118, 208, 215.

Hawkings, David T. Criminal Ancestors: A Guide to Historical Criminal Records in England and Wales.Wolfeboro Falls, N.H.: Alan Sutton Publishing Inc., 1992. The chapter includes many examples.

Richardson, John. The Local Historian's Encyclopedia.2nd ed. New Barnet, England: Historical Publications, Ltd., 1986. See sections D83, D192, D207, D214, D215, D216, D246, L29, L30, L31, L32, L33, L37, L38, L39, P51, P52, P53, and P56.