Assize Records
The Assize courts dealt with serious criminal cases dating
back to the 1200s and replaced Eyre courts. Heber points out that originally,
these courts dealt with property disputes; however, over time, they dealt with
criminal courts and were replaced by Crown Courts in 1971.[1]
According to this guide, the types of cases heard in these courts were:
The justices worked in pairs and followed a circuit system
between towns to hear cases not handled by the local courts. This system
allowed individuals to be heard in their own local rather than having to travel
to London for a trial, with the drawback being many accused were held in jails
for long periods of time waiting for a justice to hear their case.
There were six assize circuits set up by 1340; this list is
available online in the
FamilySearch Research Wikihttps://www.familysearch.org/en/wiki/Assize_Court_Records#Assize_Circuits.
Over time, these jurisdictions were changed, so one needs to know the time and
place to locate a specific case record.
The type of information available on these records can prove
helpful for those researching their family history as they would contain the
name, occupation, and residence of the accused. The guide provided by the
National Archives mentions that the residence could be the location of the
crime rather than where that individual actually lived[2].
Assize records can also include:
|
Coroners’ inquests |
Gaol delivery
calendars (gives the name of the judge, place, and date of the court session,
prisoner names, and their sentences) |
|
Depositions |
Crown Minute
Books, Agenda Books – listed prisoners and records of whether they were charged
and sentenced. |
|
Recognizances |
Assize
vouchers (includes costs submitted by the sheriff for reimbursement per
person) National
Archives |
|
Gaol books
(jail books) |
Treasury
warrants (sums paid to sheriffs) National
Archives |
|
Appeal Registers (A conviction could be appealed-Located at the National Archives) |
In accessing these records, one needs to remember that prior
to 1732, they were in Latin[3].
Assize cases usually involve individuals from the middle and/or poorer classes.
Records pertaining to the cases are held at the Public Record Office, with few
being available at the Family Search Library.
Some cases have been reported in the newspapers. To see if a
transcript of a case is available, one can check the local County Record Office
website as well as any of the British newspapers that existed for that time
period.
Unfortunately not all assize records have survived as clerks would often destroy old cases to make room for new cases. According to the National Archives, most of those that have survived were from the northern counties before the 19th century, while Midland circuit court records have survived since 1818. The National Archives publishes two keys broken down by counties to aid in locating available records viewable at the National Archives:
- Assizes: key to series for English Criminal trials 1559-1971
- Assizes: key to series for Welsh trials 1831-1971
Additional records were created in conjunction with the
assize courts. For instance, Biographies
of Executed Criminals, 1676-1772, is available online at London Lives. These
prisoners were executed at Tyburn and spent their remaining time at Newgate
Gaol. These biographies contain valuable
information about the condemned as recorded by the prison chaplain.
A similar publication in relation to Old Bailey’s is called The Ordinary’s Accounts, which is also
available online at London
Lives. An index of individuals who are in both these record sources and
their biographies is also provided on this site.
According to Heber, “convictions could be appealed or
reviewed by a writ of certiorari”. In
the beginning, they would be directed to the Court of the King’s Bench; after
1848, they went to the Court for the Crown Cases Reserved, from 1907 by the
Court of Criminal Appeal and from 1966 by the Court of Appeal (criminal
division). Some of these appeal registers are also held at the National
Archives.[4]
Some records are available on Ancestry.com.
·
England & Wales
Criminal Registers, 1792-1892
·
Proceedings
of the Old Bailey, 1674-1913
These records are worth looking at regardless of one’s ancestral circumstances. Often individuals can be witnesses and provide valuable information at the time of a crime. As with all research, no stone should be left unturned.
[1] Heber,
Mark D.. "Records of The Criminal Courts and Criminals." Ancestral
trails: the complete guide to British genealogy and family history.
Gloucestershire: Sutton Pub. in association with the Society of Genealogists, 1997,
p. 458. Print.
[3]
Heber, Mark D.. "Records of The Criminal Courts and
Criminals." Ancestral trails: the complete guide to British genealogy
and family history. Gloucestershire: Sutton Pub. in association with the
Society of Genealogists, 1997, p. 456. Print.
[4] Ibid, p. 463. Print
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