Criminal trials in the assize courts 1559-1971 - The National Archives For records from 1972 see the research guide on Criminal courts in England and Wales from 1972 . 2.3 Using assize records for family history Assize records give the name, occupation and place of abode of the accused, but some or all of this information can be unreliable as aliases were often used and other false details were given. The place of abode mentioned is often where the crime took place rather than where the accused lived. 2.4 Transcripts Transcripts of what was actually said in court do not normally survive with the records held at The National Archives. However there are court transcripts for some trials among Court of Appeal, Director of Public Prosecutions or Treasury Solicitor and Home Office records. There are sometimes additional notes which can provide insight into a trial.

The following record series are the best place to start if you are looking for court transcripts: Treasury Solicitor and Director of Public Prosecutions: Transcripts of Proceedings in Selected Criminal Trials (1846-1958) in DPP 4 Treasury Solicitor: Transcripts of Proceedings (1812-1963) in TS 36 Court of Criminal Appeal and Supreme Court of Judicature, Court of Appeal, Criminal Division: Case Papers (1945-1993) in J 82 Contemporary newspapers or pamphlets often reported local cases in much detail. To find out about surviving newspapers and how to view them contact the British Library Newspaper Library or the appropriate local county record office . The Old Bailey Online website provides detailed proceedings (although not complete transcripts of what was said) in trials at the London central criminal court. A collection of contemporary pamphlet accounts of what was said in court is available on microfiche in the reading rooms at The National Archives. These deal mostly with celebrated trials for the period 1660-1900 although a few trials for the period 1901-1908 are also included.

2.5 Latin Up to 1733 most assize records are in Latin. 3. Finding out where a trial took place 3.1 Pre 19th century Not all assize records have survived as the clerks of assize sometimes destroyed them when they ran out of space. Earlier records are less likely to have been kept than later ones. Of the pre 19th century depositions that have survived, most are from northern counties. Of the Midland circuit records, most that survive are from after 1818. 3.2 1805-1892 If you do not know where or when a trial took place, you can look at Home Office criminal registers for England and Wales ( HO 27 ), which are available online through Ancestry for a fee. The registers list people charged with indictable offences and provide the place of trial, verdict and sentence. They can also be seen online at The National Archives in Kew, free of charge. 3.3 1868-1971 The Home Office calendars (lists) of prisoners tried at assizes and quarter sessions in HO 140 can provide some useful details relating to trials and convictions.

Bear in mind that due to the nature of the information contained in them, some of these files may not yet be open to the public. For advice on how to search Discovery, our catalogue, for specific records, please refer to section 4. 4. How to find assize records in Discovery, our catalogue Records are located within department code ASSI . For files referring to a specific person or place, search by surname or place name within ASSI. Please note that these records have not been fully catalogued and therefore searching by county may be more successful. To find the relevant record series for specific counties please refer to the appropriate research guide as follows: Assizes: key to series for Welsh trials 1831-1971 5. Offences tried at the assizes Originally the assizes mainly dealt with property disputes, but eventually they began to try criminal cases as well as cases passed on from the central Westminster courts to the assizes under the ‘nisi prius’ system.

From 1559 assize judges mainly dealt with the more serious criminal offences such as homicide infanticide theft (stolen goods were often under-valued as worth less than 12d to avoid making it a capital offence) highway robbery recusancy 6. Areas outside the assize system London, Middlesex and the palatinates of Lancashire, Durham and Cheshire were not included in the assize system. 6.1 London and Middlesex In 1830 the Central Criminal Court (the Old Bailey) was established to serve London and Middlesex. From 1830 to 1834, sessions were held before the Lord Mayor. From 1834 the Central Criminal Court was the assize court for London, Middlesex and parts of Essex, Kent and Surrey. The research guide on the Old Bailey and the Central Criminal Court gives more information. Records of the Guildhall sessions (relating to the City) and the Old Bailey sessions (relating to the rest of London and Middlesex) are held at the London Metropolitan Archives .

The texts of 197,745 criminal trials held at the Old Bailey from 1674 to 1913 are available on the Old Bailey Online website. This is fully a searchable site offering an insight into the lives of people tried at London’s central criminal court. The National Archives has the same texts in a collection of printed proceedings. The collection is not complete, but can be found in records from the central criminal court in CRIM 10 and Old Bailey sessions papers in PCOM 1 and can be consulted in the reading rooms at Kew. 6.2 Wales Until 1830, cases in Wales were heard at the Court of Grand Sessions of Wales and records are held at the National Library of Wales . After 1830 Wales became part of the assizes circuit system and records are at The National Archives. 6.3 Palatinates In 1830 the palatinate of Chester (Cheshire) joined the assizes court system. Durham and Lancaster (Lancashire) merged into the assizes system in 1876.

The records for these palatinates are held at The National Archives and the relevant record series are given in the research guide Assizes: key to series for English trials 1559-1971 7. The court system in England and Wales From the 13th century right up to 1971, the criminal courts system in England fell into three categories: Magistrates’ courts where minor offences were dealt with in ‘petty sessions’ local county courts where trials were held four times a year at the ‘quarter sessions’ assizes where the most serious criminal trials were heard twice a year by judges appointed by the monarch In 1956 the assizes and quarter sessions were replaced by Crown Courts in Liverpool and Manchester. In 1971 this was extended to the rest of England and Wales. 8. Assize circuits The counties in England and Wales were grouped into ‘circuits’ where cases were heard: Home, Norfolk and South-Eastern Circuits Midland Circuit To find records from specific circuits, please refer to the advice in section 4 above. 9.

Where to start in the assize records 9.1 Assize records 1554-1971 Records for this period are held in the series ASSI (records of Justices of Assize, Gaol Delivery, Oyer and Terminer, and Nisi Prius) and are arranged by assize circuit and then by records type. For advice on how to search our catalogue for specific records please refer to section 4 above. 9.2 Crown minute, gaol and agenda books The best place to begin a search in the assize records is with these books. They list the accused and summarise cases heard, or about to be heard, often noting the plea, verdict and sentence. There may be a separate series of minute books for offences, such as the failure of local communities to keep local roads and bridges in a good state of repair. 9.3 Indictments These are the formal statements of the charge against the accused, usually annotated with plea, verdict and sentence and filed in large unwieldy bundles together with other miscellaneous records such as jury panels, coroner’s inquests, commissions and presentments of non-criminal offences.

Further information about indictments is given in the online catalogue series description for the Oxford circuit indictment files in ASSI 5 . 9.4 Depositions and examinations Criminal depositions – witness statements and case papers – often contain lots of personal details. Quite a few from the 19th century have survived, but usually only for more serious crimes. The depositions for the North and North Eastern circuits start as early as 1613 in ASSI 45 . You can search depositions from assize circuits by name of the accused in our catalogue. To search our catalogue for specific records please refer to the advice in section 4 above. 10. No surviving assize records? If no records appear to have survived for your county, try the following: Sheriffs’ assize vouchers in E 389/241 covering the period 1758-1832. These can include lists of prisoners tried or transported, accounts for maintenance in prison or carrying out an execution.

For example, for Northampton, no assize records survive for 1776, but E 389/245 lists the names, offences and verdicts of those tried at Northampton at the Lent Assizes of 1776 Payments to sheriffs for the period 1733-1822 in T 90/146 -170, which refer to individual prisoners Entry books of warrants of payments for the period 1676-1839 in T 53 Copies of indictments removed to the Court of King’s Bench by writs of certiorari and returns in KB 9 of those granted benefit of clergy (before 1660) can also help to fill gaps. For further advice on records of the King’s Bench, see the research guide King’s Bench (Crown Side) 1675-1875 . 11.

Latin abbreviations (still used after 1733) Latin abbreviation Quarter Sessions Q Quarter Sessions The Courts of Quarter Sessions or Quarter Sessions were periodic courts held in each county and county borough in England and Wales until 1972, when together with the Courts of Assize (Assizes) they were abolished by the Courts Act 1971 and replaced by a single permanent Crown Court of England and Wales. The Quarter Sessions derive their name from the fact that they were required by a statute of 1388 to be held at least four times a year. These were later settled as Epiphany, Easter, Midsummer and Michaelmas sessions. As Bentlry notes in English Criminal Justice in the Nineteenth Century that "the reputation of such courts remained consistently bad throughout the century" due to failure by chairmen to take proper note of evidence , display of open bias against prisoners, and the severity of sentences compared to the Assizes. Chairmen of county sessions did not have to be legally qualified. Quarter Sessions were also held in the colony of New South Wales .

They also existed in North American colonies, sometimes known as Courts of General Sessions, and were held in Pennsylvania until the constitution of that Commonwealth was rewritten in 1968 and the courts were replaced with Courts of Common Pleas in each county, and in New York until a similar reform. In India and Malaysia , the Quarter Sessions have evolved into permanent Sessions courts. The Quarter Sessions generally heard crimes which could not be tried summarily by the justices of the peace without a jury in petty sessions, which were sent up by the process of indictment to be heard in Quarter Sessions. The Quarter Sessions in each county were made up of two or more justice of the peace, presided over by a chairman, who sat with a jury . In county boroughs which were entitled to have their own Quarter Sessions, there was a single Recorder instead of a bench of justices. The Quarter Sessions did not have jurisdiction to hear the most serious crimes, most notably those which could be punished by capital punishment or later life imprisonment . These crimes were sent for trial at the periodic Assizes. The Quarter Sessions also had some limited civil jurisdiction, and until the Local Government Act 1888 created elected county councils , also had important administrative functions in their respective counties.

These functions included: Repair of roads and bridges Highway diversions Construction and maintenance of county buildings Administration of the county gaol (jails) Supervision of public and private lunatic asylums Supervision of petty sessions Supervision of the English Poor Laws (pre-1834) The county militia The police Setting county rates Much of the court's administrative business was delegated to committees of magistrates , who had specific responsibilities. Most of these administrative functions were transferred to county councils when they were established in 1888. Every Quarter Sessions had a clerk known as the clerk of the peace. For county Quarter Sessions, this person was appointed by the custos rotulorum of the county – the Justice of the Peace for the county charged with custody of its rolls and records. There was a large fee income for the clerk, and he was usually a friend or relative of the custos. The clerk rarely discharged the duties of the office himself, but appointed a solicitor to act as his deputy in return for a share of the fees. After 1852, payment by salary was gradually brought in instead of fees.

In some counties there were multiple Quarter Sessions, quite apart from the urban areas: for example, Yorkshire had its North Riding, West Riding, and East Riding; whilst Northamptonshire 's Soke of Peterborough was administered separately. These divisions were carried on to the administrative counties that county councils covered. Quarter Session Courts in Ireland The Dublin Quarter Sessions Court had cognizance of all crimes committed within the city's boundaries except treason . There were also Quarter Sessions Courts in Ireland , in Cork, Limerick, Londonderry, Kilkenny and Waterford, Galway, Carrickfergus, Kinsale, Youghal and Dublin. The recorder of the court sat alone. In 1840 the Irish Municipal Reform Act 3 & 4 Vic., c. 108. Abolished many city and borough courts, but Dublin, Galway and Carrickfergus retained their courts of Quarter Sessions.

In 1867, the Irish Attorney General, Hedges Eyre Chatterton, issued guidelines in an attempt to regulate the cases which ought not to be tried at quarter sessions, and which should instead be tried at assizes: Treason , murder, treason-felony, rape , perjury , assault with intent to murder, party processions, election riots and all offences of a political or insurrectionary character. Changes The following Quarter Sessions were abolished by the Justices of the Peace Act 1949 on 1 October 1951. Berwick-upon-Tweed It also saw a separate Quarter Sessions set up for the Isle of Wight . Courts of Quarter Sessions in Upper Canada A Court of Quarter Sessions was held four times a year in each district to oversee the administration of the district and deal with legal cases in the Province of Upper Canada (later Province of Canada West after 1841). It was created in 1788 and remained in effect until 1849 when local governments and courts were assigned to county governments to replace the district system created in the 1780s.

List of Quarter Session courts in Upper Canada and later in Canada West: Lunenburgh District 1788-1792 - sat at New Johnstown (present day Cornwall, Ontario) Eastern District, Upper Canada 1792-1849 Johnstown District, Upper Canada 1798-1849 - carved out from Eastern District Bathurst District 1822-1849 - carved out from Johnstown Disctrict Dalhousie District 1838-1849 Mecklenburg Distrcit 1788-1792 - sat at Kingston (now Kingston, Ontario) Midland District, Upper Canada 1792-1849 Prince Edward District, Upper Canada 1831 Victoria District, Upper Canada 1837 Nassau District 1788-1792 - sat at Newark (Niagara-on-the-Lake) and later at York, Upper Canada (later Toronto ) Home District 1792-1849 Gore District, Upper Canada 1816-1849 Wellington District 1838-1849 Simcoe

 District, Upper Canada 1837 Hesse District 1788-1792 - sat at Sandwich (now Windsor, Ontario) Western District, Upper Canada 1792-1849 London District, Upper Canada 1798-1849 Brock District, Upper Canada and Talbot District, Upper Canada 1837-1849 Huron District, Upper Canada 1838-1849 (Wikipedia) Assize Court Records Genealogy - FamilySearch Wiki Court Records The Courts of Assize, or Assizes, were periodic criminal courts held around England and Wales until 1972, when together with the Quarter Sessions they were abolished by the Courts Act 1971 and replaced by a single permanent Crown Court.

The Assizes heard the most serious cases, which were committed to it by the Quarter Sessions (local county courts held four times a year), while the more minor offences were dealt with summarily by Justices of the Peace in petty sessions (also known as Magistrates' Courts). Former Assize Court, Devizes.jpg The word assize refers to the sittings or sessions (Old French assises) of the judges, known as "justices of assize", who were judges of the King's Bench Division of the High Court of Justice who travelled across the seven circuits (formerly, there were six) of England and Wales on commissions of "oyer and terminer", setting up court and summoning juries at the various Assize Towns. Contents 8 References Introduction From the thirteenth century onwards, judges appointed by the king or queen of England 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, measure 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. Criminal transportation sentences to the American colonies, for example, were usually issued by assize courts (or their equivalents in Greater London). In 1971 the assize circuits were abolished and replaced by the Crown Courts. Chart: Classes of Crime An offence less serious than a felony. Felony In feudal times, any act for which forfeiture was the penalty. Later it meant offences for which the punishment included forfeiture of lands and/or goods and chattels. The chief common law felonies were homicide, rape, larceny, robbery and burglary. Treason The most serious class of crime comprising a breach of allegiance owed to a sovereign or state.

Quarter Sessions handled summary offences and misdemeanours, but sometimes heard felonies. The Assizes were supposed to hear only serious criminal cases, but in practice some minor ones are found in their records. The reasons are no doubt complex but some may be related to the convenience of the court, and to the expenses of arrest, detention in gaol, and proceedings. The county paid the bill for the quarter sessions whilst the central government paid for the assizes. In order to reduce the burden on county funds local magistrates might commit as many prisoners to the assize as they thought reasonable.

[1] Assize Circuits Most of the counties of England were covered in six circuits: Home: Essex, Hertfordshire, Kent, Middlesex**, Surrey, Sussex Norfolk: Bedfordshire, Buckinghamshire, Cambridgeshire, Norfolk, Suffolk, Huntingdonshire Midland: Derbyshire, Rutland, Leicestershire, Lincolnshire, Northamptonshire, Nottinghamshire, Warwickkshire Oxford: Gloucestershire, Herfordshire, Shropshire, Staffordshire, Worcestershire North: Cumberland, Northumberland, Westmoreland, Yorkshire West: Berkshire*, Cornwall, Devon, Dorset, Hampshire, Oxfordshire* * Transferred to Oxford circuit in 1540 **Eventually Middlesex cases were held with the City of London cases at Old Bailey Chart: Assize Circuits and Special Jurisdictions County North Eastern [2] 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 ; also known as the London Sessions and the Middlesex Sessions). Additionally, 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 Leaflet number 26 of the National Archives Information series and Appendix 7 in David Hawkings book 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 caseloads 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 save 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 caseload 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. These courts would take place in towns with a jail known as "gaol" within the county. The circuit court could last up to 5 weeks depending on the number of cases being heard. 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. Content Indictments-- give the most genealogical information, but the user is cautioned about the false information given as fact.

Indictments are 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. Contemporary laws stipulated that each criminal be described as either a labourer or a yeoman. These were not their actual occupations. 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 unlicensed alehouses, and recusancy. Recognizance bonds, filed by the prosecutor (usually the person harmed by the crime), identify specific residences and occupations of that person. They are usually found in the same bundle as the corresponding indictment. Indictments at Huntingdon Assizes 20 Mar 1869 John Driskell 40 hawker for stealing from the person of Mary Sawyer, one purse containing 20s at St.

Neots. William George Savage 25 labourer and William Brown 27 carpenter for having willfully set fire to two stacks of straw and one stack of hay, the property of John Cullip at Ramsay on 12 Sep 1868. James Row 24 for the abduction of Elizabeth Norwood 16 at Huntingdon. [3] Depositions-- are sworn, written testimony of witnesses. The few which survive contain ages and places of residence of the deponents. 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 wits of nisi prius (see explanation later). The writs were usually returned to the central courts. Assize Vouches--These records includes costs for maintaining a criminal, organizing the court, etc. submitted by the sheriff. N.A.

Reference: E 389/241 covers 1758-1832. Note that E 389/245 covers the fact no assize records survive for Northampton for 1776. Treasury Warrant--Record of sums paid to sheriffs. N.A. Reference: T 90/146-170 covers 1733-1822. Criminal Biographies--London Lives website provides some insights on condemned individuals through two publications, "Biographies of Executed Criminals, 1672-1772" and "The Ordinary's Accounts" Appeal Registers--Convictions could be appealed and some registers of these are available at the National Archives. The archives provides this additional information on appeals . Copies of indictments removed to the Court of King's Bench by writs of certiorari and returns are in N.A. Reference: KB9 . The National Archives provides a research guide on these specific records entitled King's Bench (Crown Side) 1675-1875 . Availability Records of surviving assize circuits are held at The National Archives .

London Sessions and Middlesex Sessions records are kept at the London Metropolitan Archives . Online records are available at: ($) > England & Wales Criminal Registers, 1791-1892 (Quarter Sessions & Assize Courts). - Almost 200,000 criminal trials at London’s central criminal court. 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 of 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: circuit records should be retained no longer than was required for current business.

Most of the Midland Circuit records have virtually been exterminated. 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 in series, all classes are broken or riddled with gaps. A list of the assize records, arranged by circuit, available in the Public Record Office (now The National Archives ) is printed in their "Information leaflet number 26" (see below), and in a section of Tracing Your Ancestors in the Public Record Office (see below). You can also find research guides to assize records on The National Archives website. 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 as 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: Staff. Assizes Records. London, England: Public Record Office, 1985. FHL book 942 1/L1 A3pa, "Information Leaflet number 26." Cockburn, J.S., A History of the English Assizes, 1558-1714. Cambridge, England: Cambridge university Press, 1972. FHL book 942 P2ch, pages ix-xviii Cockburn, J.S.,Calendar of Assize Records: Introduction. London, England: Her Majesty’s Stationery Office, 1985. FHL book 942 P23ga, pages viii-x. Appendix VIII contains record examples. Select Bibliography In addition to the above three sources, here is a select list of other sources for more information about assize records. Records of the Courts in Glamorgan Genealogy - FamilySearch Wiki 5 Records in other repositories Quarter Sessions The origins of today's Magistrates' Courts can be traced to the court of Quarter Sessions and to the Justices of the Peace (lay judges) appointed by the Crown to act within each county.

The Glamorgan Quarter Sessions covered almost the whole of the historic county of Glamorgan, and dealt with both judicial and administrative matters. Thus, in addition to criminal trials, the court was responsible (for example) for the upkeep of bridges and the county gaol, provision of care for lunatics, registration of electors and the county police force, and it acted as an appeal court for the Poor Law administered by the parishes. The court functioned as the government of the county for more than three centuries before the county council or any other local authority came into being. Petty Sessions The Quarter Sessions met only four times a year, but over the centuries had to deal with an ever-increasing load of legal and administrative business. As the eighteenth century progressed the workload of the Justices had grown to such an extent that it was necessary for them to hold extra sessions, meeting in small numbers in their own localities. In time these meetings became known as Petty Sessions. During the nineteenth century the system of Petty Sessions became increasingly formalised, with magistrates holding their sessions more regularly. Laws were enacted requiring formal records to be kept of the proceedings.

The court was held before two or more magistrates but without a jury and dealt with minor cases such as drunkenness, poaching and vagrancy. More serious crimes would have been referred to one of the higher courts, either the Quarter Sessions or Great Sessions (replaced by the Assize Courts in 1830). In 1889 Glamorgan County Council was created, and took over nearly all the administrative functions of the Quarter Sessions and Petty Sessions courts. From then on the role of Quarter Sessions was almost exclusively judicial. In 1971, the Petty Sessions and the Quarter Sessions were replaced by Magistrates' Courts and Crown Courts. Quarter Sessions Records These record the business of the court, including the decisions taken at meetings and hearings. Order Books, 1729-1781 [Q/S/B] The orders listed in the books relate to how the business of the court should be conducted, including the administration of bail, systems to deal with appeals against court decisions and the payment of court officials.

Committee Minute Books, 1874-1974 [Q/S] In addition to the minute books of the Quarter Sessions, there are also minute books of various committees, for example, the licensing committee, the probation committee and the county magistrates' committees. Crime Records Sessions papers (Quarter Session Rolls), 1727-1971 [Q/S/R] These are documents which the Clerk of the Peace would need during each session. At the end of the session the clerk would take all the papers and parchments that had accumulated and thread them onto a length of string. Documents may include: · Lists of jurors · List of officers in court · Writs of summons · Coroners' accounts. The rolls have been flattened, guarded and bound into volumes up to 1804 and between 1889-1965. Outside these dates the rolls are in their original condition and difficult to use. Permission to consult these unflattened rolls must be sought from the Duty Archivist.

Indictments & Presentments, 1730-1793 [Q/S/I] Indictments were the formal written charge brought against an individual, hamlet or town, usually for a minor or "nuisance" offence such as assault, poaching or larceny. Volumes contain transcripts of the indictments dealt with at each session, and give details of the offence, and the names of the "prosecutor" and the accused. Calendars of Prisoners, 1850-1971 [Q/S/C] The Calendars of Prisoners are lists of indicted persons held in the County Gaols and Houses of Correction (at Cardiff and Swansea) due for trial in the Quarter Sessions and Assizes. They were compiled by the Governor or keeper of the institution and forwarded to the Court for use during the proceedings. The lists contain the name of the accused and their age and occupation as well as the court's verdict and sentence. Juvenile Convictions, 1847-1879 [Q/S/JC] From 1847 juvenile offenders were treated differently from adult offenders.

Persons under the age of 14 could be charged by two justices of the peace, in order to avoid juveniles being imprisoned for long periods of time. Forms recording juvenile convictions were sent to the Clerk of the Peace, and included: · Date of conviction · Names of the presiding magistrates Other Records of the Quarter Sessions Land Tax Assessments, 1766-1831 [Q/D/LTA] Although the Quarter Sessions was not involved with the assessment or collection of the Land Tax, (a rate according to the value of the land owned) duplicate copies of the assessments were deposited with the Clerk of the Peace in order to provide a list of those entitled to vote. Rate books c. 1842-1881 [Q/F/R] Rates were a form of property tax imposed by many organisations such as the parish, the poor law union, the School Board and the Quarter Sessions under the name of "The County" to fund their work. They give the name of owners and occupiers for each parcel of land assessed.

Deposited Plans, 1792-1970 [Q/D/P] Plans of public undertakings such as canals, docks, tramways, railways and gasworks were deposited with the Clerk of the Peace. They date from 1792 and are often the earliest large-scale maps of the areas they cover. With the plans are lists of landowners and occupiers who would be affected by the proposed development. Petty Sessions Petty Session Divisions Petty Sessions divisions were based on the groups of parishes known as Hundreds. The court sat at several of the larger towns in the division: Division 1933-1983 Crime Records Minute Books, 1840-1973, record the business dealt with at the petty sessions, and often provide detailed information about cases heard. Court Registers, 1832-1981, provide lists of persons appearing in the courts. Juvenile Court Registers, 1919-1984, lists of young offenders appearing before the justices.

Records of the Licensing Court Licensing Registers, 1872-1974 Registers of clubs,1902-1962 Other Records of the Petty Sessions Adoption Records, 1927-1949, petty sessions heard and recorded the final stages of the adoption process. These records contain sensitive information about individuals, access to them is therefore restricted. Committee Minutes, 1840-1973, including licensing committees and probation committees. Year Books, 1902-1990, which included lists of Justices of the Peace. Matrimonial court minute books and registers, 1941-1983, which refer to matrimonial cases heard at the Petty Sessions. Borough Courts By royal charter Cardiff and Merthyr Tydfil were permitted to hold Quarter Sessions for the borough separately from those of the county. This right was exercised only sporadically until the nineteenth century. Unfortunately no records from Merthyr Borough Quarter Sessions survive. Cardiff Borough Quarter Sessions Records [QSCBO] Order books, 1730-1772, containing the orders of the court.

Recognizance books, 1776-1809, Recognizances were bonds to appear to give evidence of prosecute a case. Presentments books, 1779-1809, Presentments were charges laid before the jury before a trial could begin. Borough Petty Sessions Records [PSCBO, PSMBO] 1974-1981 Records in other repositories The court of Great Sessions, a higher court than the Quarter Sessions, was introduced into Wales at the same time, but it dealt with more serious cases and was in many ways equivalent to the Assize Courts in England. In 1830 Wales came under the jurisdiction of the Assize system and the court of Great Sessions was abolished. Records of the Great Sessions are in the National Library of Wales, Aberystwyth, but the Glamorgan Record Office holds photocopies of the "Black Books", 1726-1830, which are lists of indictments. The National Archives hold records of Assizes and other higher courts.

For further information, please contact: National Library of Wales Assizes, Quarter Sessions and Criminal Records – Trace Your Ancestors Wills Assizes, Quarter Sessions and Criminal Records Do you have a criminal in the family? There is (perhaps unfortunately) a slightly morbid fascination with the idea of having an ancestor with a criminal past. Some families are quite proud of these dubious connections, others are faintly ashamed and try to hide the fact, which can be problematic for family history research. Below is a brief description of the legal administrations of Britain (later the United Kingdom) and where to find their records online. The Assizes I came across a mention of my family name in an assizes index maintained by the Society of Genealogists. I had spent a day in London, firstly at St Catherines House where the BMD’s indexes were kept at that time and then on to the Society of Genealogists where, in a frantic last few minutes before I had to start my journey home I randomly explored various card indexes. Please note, this isn’t the way to research family history. Even having an uncommon surname, I have no idea if I was directly related to that person that I found and so the information on it’s own was quite meaningless.

Incidentally, I have also recently discovered that one of my ancestors was transported to New South Wales in 1825. If you would like to know a little about the transportation of convicts, please CLICK HERE . The assizes began in the 13th century and were only abolished in 1971 with the introduction of the County Courts. By 1559 they were hearing only the more serious cases while the more common offences were tried at the local quarter sessions. The assizes were courts presided over by visiting judges from the higher courts of London and were held in the main county towns of England and Wales (Wales only became part of the assizes circuit in 1830). The locations were grouped into six judicial circuits and were visited twice every year. Quarter Sessions County and borough justice in England and later the United Kingdom was administered by justices of the peace, first appointed in 1327 by Edward the third. By 1368 they had the power to hear and pass judgement on criminal cases and from 1388 they sat in their counties four times a year.

These Courts of Quarter Sessions were held at Epiphany (January), Easter (March/April), Midsummer (June/July) and Michaelmas (September/October) to try those cases not punishable by the death penalty. The Quarter Sessions were replaced by the Crown Court of England and Wales in 1972. Assizes records and Quarter Sessions records are available to search for at The National Archives. A guide to researching their records can be found here: Assizes Criminal 1559-1971 . Online Records The criminal registers in this database contain the following information: Name of criminal Birthplace (mostly up to 1802) Crime Sentence (death, transportation, imprisonment, acquittal, etc.) Where and when received Date of execution or release By whom committed, to whom delivered A limited number of assizes records are available to view at British History Online Miscellaneous Legal Records online Crime and Punishment Crime and Punishment Police Introduction Records relating to crime and punishment in Devon are not all held locally. They are held in various repositories, including The National Archives at Kew, near London. Not all of the records held in Devon are in the Devon Heritage Centre or the two other record offices, either.

The location of trial records depends on the type of court where the trial was held. The Court System From the 13th century right up to 1971, the criminal courts system operating in England fell into three main categories: courts of petty session or magistrates' courts, where minor offences were dealt with in 'petty sessions' local county courts and borough courts, where trials were held four times a year at the 'quarter sessions' assizes, where the most serious criminal trials were heard twice a year by judges appointed by the King or Queen In 1956, the assizes and quarter sessions courts were replaced by Crown Courts in Liverpool and Manchester. In 1971 this was extended to the rest of England and Wales, including the county of Devon. It is important to know that Devon Assize Court records are not kept at Devon Heritage Centre, but at The National Archives at Kew (department code ref: ASSI.) There is more information on these records on this webpage.

Court records – basic information The use of Latin in English official records was not totally abolished until 1733, apart from a short break at the time of the Commonwealth, so you may need a knowledge of Latin to read earlier court records. In addition, handwriting in court records earlier than 1660 may provide you with problems in reading unless you possess reasonable skills in palaeography. Most courts created more than one class, or type, of record. The two most useful types of court record, if they survive,are the depositions (written evidence filed by witnesses and the accused) and the indictments(which record the charge, or offence, often giving the criminal's address). Where records are held in Devon Heritage Centre or the other record offices in the county, advice about this should be sought from the search-room staff, and card indexes and catalogue lists should be examined where these are available. Apart from the modern records, a large amount of the material in the records held at Devon Heritage Centre and described here is still un-indexed and uncatalogued. Some 20th century records are subject to a closure period and may not be available for general public inspection in the searchroom.

Types of Courts Assizes The courts of assize, or assizes, generally dealt with the most serious crimes (e.g. murder and treasonable activities). These cases were committed to the assizes by the justices sitting at Quarter Sessions (which were local county courts held four times a year). The word assizes was derived from the Old French word assises. It referred to the sittings or sessions of the judges, known as "justices of assize", who were judges of the King's Bench Division of the High Court of Justice. These courts existed from the Middle Ages onward. Thus from the 13th century, judges and senior lawyers were commissioned as justices to ride off into the counties, and hold the king’s courts. A pair of judges would cover a Circuit, each Circuit covering a group of counties. Devon was part of the Western Circuit. By 1559, the Assize judges were mainly dealing with the most serious crimes not normally handled by the local courts of Quarter Sessions. Crimes considered serious at that time included murder, infanticide, theft, highway robbery, rape, assault, coining, forgery and witchcraft, trespass, vagrancy, and recusancy.

The Assizes were held in Exeter at Lent (spring - prior to Easter), Lammas (August, or summer), and in the winter. Before 1733 most Assize records are in Latin. Note that these records do not normally give the age of the accused, nor details of his or her family. Records generated by the Assize Courts Assize records are held at The National Archives . Records of the Western Circuit, which included Devon, survive for 1611 – 1936 at The National Archives, although not all series are complete. Not all assize records have survived, as the clerks of assize sometimes destroyed them when they ran out of space. Earlier records are less likely to have been kept than later ones. For more information, please begin by reading the following National Archives guide: Criminal trials in the assize courts 1559-1971 If you do not know where or when a trial took place, you can begin by looking at Home Office criminal registers for England and Wales (held at The National Archives in series HO 27), which cover 1805 to 1892.

The registers list people charged with indictable offences and provide the place of trial, verdict and sentence. They can be seen online at The National Archives in Kew, free of charge, and are also available online through the Ancestry website . A booklet titled Assizes and Quarter Sessions in Exeter, published by Exeter City Council, but now out of print, is held in Devon Heritage Centre’s local studies collection. Devon County Assize Gaol Calendars (Calendars of Prisoners) Some of these survive among the County Quarter Sessions records and are thus held at the Devon Heritage Centre. Some gaol calendars survive for the years 1784, 1843-1845 and between 1854 and 1919 (ref: DHC QS/34/1-65). These list prisoners held for trial at the next County Assizes. Some of an additional series of printed gaol calendars (ref: DHS QS/32/92-379) covering the years 1782 to 1882, list prisoners in custody after committal at the Devon County Assizes.

This series of calendars record prisoners in the County Gaol, House of Correction ("Workhouse" or "Bridewell") and "Sheriffs Ward" (debtors), and cases to be tried. The National Archives also holds copies of gaol calendars of prisoners in custody following trial at the various Assizes in series HO140. They are referred to as Home Office: Calendars of Prisoners and only cover the years 1868-1971. These 'after-trial' calendars are lists, generally printed, of prisoners tried at Assizes (and at Quarter Sessions). The calendars are arranged yearly, and then alphabetically by county and chronologically within each county. They include the following information: number; prisoner’s name; age; trade; previous convictions; names and addresses of committing magistrates; date of warrant; when received into custody; offence as charged in the commitment (includes the name of victim before 1969); when tried; before whom the trial took place; verdict of the jury; sentence or order of the court.

Selected calendars of prisoners from series HO140 for the period 1868-1929 have been digitized and are available online on Find My Past . Devon Heritage Centre also holds certain Transportation records. Return to top of page Quarter Sessions The Court of Quarter Sessions dealt with crimes less serious than those dealt with by Assizes, but still sometimes punishable by death or transportation. Quarter Sessions records are generally held in local heritage centres or record offices. Separate quarter sessions were held in Devon for the following: County of Devon The County Quarter Sessions Records (ref: DHC QS), which form a complete and unbroken series dating from 1592 until the courts were abolished in 1971, are held at Devon Heritage Centre. The collection is the earliest uninterrupted series of such records in the country. A catalogue listing the County Quarter Sessions holdings can be searched online through our online archive catalogue databases . In 2011 the former Devon Record Office (now Devon Heritage Services) was awarded a grant of £32,000 by the National Archives Cataloguing Grants Programme. This award funded The Right to Remain Silent?

Project, which resulted in the repackaging and cataloguing of a portion of the bundles of sessions papers in series QS/4 of the Devon County Quarter Sessions collection. The cataloguing of series QS/4 has been continued by a volunteer archivist since the project funding ended. Quarter Sessions bundles dating from 1734 to 1753 have been catalogued so far. Devon County Quarter Sessions bundles (series QS/4) should be used together with the Sessions Order Books (series QS/1). There are personal name and subject card indexes to County Quarter Sessions Order Books, 1734-1802, in the search-room. City of Exeter The City of Exeter Quarter Sessions records cover the period 1557 - 1971, although some series are incomplete. They are part of the Exeter City Archives (ECA) collection, held in Devon Heritage Centre. There is a card index to the Exeter City Quarter Sessions collection in the searchroom. Plymouth Plymouth Quarter Sessions records are held at Plymouth and West Devon Record Office in Plymouth.

The catalogue was originally submitted to the online Access to archives catalogue project, and can now be searched on-line through their own online catalogue , or The National Archives Discovery website. Some Devon Boroughs Borough Quarter Sessions records are held at either North Devon Record Office (ref: NDRO) or Devon Heritage Centre (ref: DHC). Catalogue lists for some of these collections can be found online our Devon Archive & Local Studies Services Online Catalogue . Others are only available in paper catalogue format. They survive for the following Boroughs: Bideford Borough (refs: NDRO 1064Q and 46B) Bideford Quarter Sessions records in collection 1064Q cover the years 1659-1888 and those in collection 46B cover the years 1830-1949. South Molton Borough, 1671 - 1775 (ref: NDRO 1190A) Torrington Borough, 1686 - 1836 (ref: NDRO 2558M) Dartmouth Borough, 17th –19th cents.

(ref: DHC - part of DD series) Tiverton Borough, 1740 -1813 (ref: DHC - R 4/1), and 1836 – 1950 (ref: DHC 1143) Return to top of page Petty Sessions (later Magistrates’ Courts) Petty Sessions were the lowest tier in the court system and developed at the beginning of the 18th century to take on some of the work previously undertaken by the Quarter Sessions. Petty Sessions divisions were initially based on the old Hundreds of Devon. Petty Sessions dealt with matters such as minor theft, poaching, assault, drunkenness, bastardy examinations, arbitration, and later with driving offences, as well as deciding whether to refer a case to the Quarter Sessions. They were also responsible for approving licences to sell alcohol in ale houses and public houses. Smaller crimes, those not needing to be heard before a jury and that could be punished under the petty session’s limited sentencing powers, were known as summary offences. At the beginning of the nineteenth century, individual justices of the peace, who were members of the gentry, frequently tried summary offences in their own home.

In 1828, they become established by statute and became increasingly formalised. After the Summary Jurisdiction Act of 1848, all summary trials had to take place at formally constituted Courts of Petty Sessions, before at least two magistrates. More serious crimes were known as indictable offences, and if an initial hearing at the Court of Petty Sessions found that there was a case to answer, they were referred (or committed) to the next Quarter Sessions. Courts of Petty Sessions were abolished in the early 1970s and replaced by Magistrates’ Courts. Today, cases relating to indictable offences are passed by the Magistrate’s Court to the Crown Court. Petty Sessions and Magistrate’s Court records are held in local record offices. The survival rate of records is generally poor, but increases after 1848 when under the Summary Jurisdiction Act, Petty Session records had to be passed to the Quarter Sessions. In Devon, records are traceable to the late 17th century, and licensing records of this early period survive. However, no judicial court records survive before the 19th century.

Records held at Devon Heritage Centre: Registers of Summary Convictions, Exeter, 1865 - 1911 Registers of Summary Convictions, County of Devon, 1824 – 1915 (refs: QS/11 and QS/12) Earliest surviving dates for the Petty Sessions Registers for Divisions other than Exeter are as follows: Axminster, 1880 Holsworthy, 1861 (held at North Devon Record Office) Honiton, 1880 Quarter Sessions Apply for a community development grant | New business grants and advice | more Quarter Sessions The court of quarter sessions was the meeting of the justices of the peace for the county; it derived its name from the fact that it was held four times a year, at Epiphany, Easter, Midsummer and Michaelmas. Did you know?

We can undertake research on your behalf Records Montgomeryshire Quarter Sessions Order Book, 1707-1737 (M/QS/SO/1) has been digitised Radnorshire Quarter Sessions Order Book, 1801-1813 (R/QS/OB/4) has been transcribed and digitised Records of Militia Musters, Friendly Societies and Gamekeepers can be found in the Quarter Sessions records. Our popular topics of research section contains additional records from other sources. The new counties of Brecknockshire, Montgomeryshire and Radnorshire were created by the Act of Union, 1536 '27 Hen. VIII, c.26), and courts of quarter sessions and the office of justice of the peace were introduced in them by a subsequent Act in 1543 (34 & 35 Hen. VIII, c.26). The records for Powys start later than 1543: Breconshire has sessions rolls from 1690, Montgomeryshire from 1719 and Radnorshire from 1753. By this time the justices had begun to act in a more executive capacity.

They were concerned with determining judicial cases (though not felonies which were dealt with at Assize); administration of local government; and the statutory enrolment and registration of documents not directly related to the court. During the nineteenth century a change took place, as standing committees evolved to deal with specific functions, e.g. gaols and bridges. Administrative officers were appointed, the County Treasurer, Surveyor or Bridgemaster, Inspectors of Weights and Measures. Many administrative functions were transferred to other bodies, e.g. Poor Law in 1834, and highway administration in 1835. The establishment of county councils under the Local Government Act of 1888 left the quarter sessions with purely judicial functions. Finally, under the Courts Act of 1971 quarter sessions and assizes were replaced by crown courts administered by central government. See also Breconshire: Brecknock Museum Transfer Collection for general Quarter Sessions papers (B/D/BM/S) and Enclosure papers (B/D/BM/E)

Question: What were the Quarter sessions and Assizes replaced by
Answer: Crown Courts