How to look for records of... Criminal trials in the assize courts 1559-1971

1. Why use this guide?

Use this guide for advice on how to find records of criminal trials held at the assize courts in England and Wales, to understand how they are arranged and what information you may find in them.

From 1559 assize courts tended to deal with the more serious criminal offences, although this was not always the case. If you are looking for records of a trial for any of the following crimes you may find you will need to look at assize court records:

• homicide
• theft (stolen goods were often under-valued as worth less than 12d to avoid making it a capital offence)
• highway robbery
• rape
• assault
• coining
• forgery
• witchcraft
• trespass
• vagrancy
• recusancy
• infanticide

For advice on similar records prior to 1559, see our guide on General eyres. For advice on locating records from 1972 onwards see our guide to records of Criminal courts in England and Wales from 1972.

Up to 1733 most assize records are in Latin.

2. The criminal court system in England and Wales until 1971

The criminal court system in England and Wales has always been divided into several categories of court, in a hierarchical structure, though courts themselves have changed and evolved. For most of the period covered by this guide the following hierarchy was in place:

• Petty sessions where minor offences were dealt with by mostly unpaid, non-professional judges known as Justices of the Peace (also known as magistrates)
• Quarter sessions were held four times a year and were also presided over by Justices of the Peace
• Assize courts where the more serious criminal trials tended to be heard, taking place at least twice a year and presided over by professional judges
• Court of King’s Bench was a central royal court sitting at Westminster with an overriding jurisdiction over the other lower courts – it was dissolved in 1875 and replaced by the King’s Bench Division (or Queen’s Bench Division) of the High Court of Justice

Originally the assize courts dealt predominantly with property disputes, but their remit gradually widened to include criminal cases as well as cases passed on from the central Westminster courts.

The counties in England and Wales were grouped into assize ‘circuits’ where cases were heard:

• Home, Norfolk and South-Eastern Circuits
• Midland Circuit
• Northern and North-Eastern Circuits
• Oxford Circuit
• Welsh Circuits including Chester
• Western Circuit

In 1956 the assizes and quarter sessions were replaced by Crown Courts in Liverpool and Manchester. This was extended to the rest of England and Wales in 1971.

3. The range of assize court records and the information they contain

Not all assize records have survived as the assize clerks sometimes destroyed them when they ran out of space. Earlier records are less likely to have been kept than later ones.

In terms of information about people, assize records, most commonly, give details of the accused. Typically this includes 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.

3.1 Crown and gaol books (aka minute books or agenda books)

The best place to begin a search in the assize records is in the Crown and gaol books, also known as minute books or agenda books. These usually list:

• names of the accused
• charges against the accused
• plea
• verdict
• 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.

3.2 Indictments

These are the formal statements of the charge against the accused, usually annotated with plea, verdict and sentence.

Each indictment usually gives:

• name of the defendant together with any aliases
• his or her occupation
• a parish of residence
• the date of the alleged offence (by regnal year)
• details of the alleged offence, together with the name of the victim
• a list of prosecution witnesses

The details of the defendant should be treated with caution, especially before the late 19th century. The defendant’s occupation was normally given as ‘labourer’ and the parish of residence is invariably the parish in which the alleged offence took place. The alleged offence is defined by lengthy and formal phrases and some, especially in cases of serious misdemeanour, such as perjury or libel, are several membranes long.

Indictments were filed in large unwieldy bundles together with other related records, depending on the period and the circuit, such as those containing details of jury panels, coroners’ inquisitions, examinations and depositions, gaol calendars, trial minutes, commissions, presentments of non-criminal offences and recognizances (which give names, parishes of residence and occupation and are usually far more accurate than those given on the indictments themselves).

Until 1916, assize indictments were either handwritten or partly printed and partly written on parchment. After 1916 all indictments were prepared using standard, usually pre-printed, forms. These give the jurisdiction and venue, the name of the defendant, the plea, a summary statement of the charge or charges and particulars of the charges.

3.3 Depositions and examinations

Depositions, sometimes known as sessions papers, consist of pre-trial witness statements. However, the survival rate for these records is relatively poor and those that do survive have been heavily weeded. Only depositions in capital cases, usually murder and riot, tend to survive.

Deposition files, especially those from the mid-20th century or later, may also contain items used as trial exhibits, including:

• photographs
• maps
• appeal papers

3.4 Transcripts

Transcripts of what was actually said in court do not normally survive with the records held at The National Archives. A collection of contemporary pamphlet accounts of what was said in court during mostly celebrated trials for the period 1660-1908 is available on microfiche in the reading rooms at The National Archives.

The Old Bailey Online website provides detailed proceedings (although not complete transcripts of what was said) for trials at the London central criminal court.

3.5 Other records

Other assize records can include:

• pleadings
• statements of claim, defence and counterclaim
• draft minutes of trials
• correspondence of the assize clerks, mostly administrative
• coroners’ inquisitions
• jury lists
• financial business including fees and costs

4. How to find records

As most assize court records remain available only in their original paper or parchment form (copies are not available online), to search for them and see them you will need to visit us at our building in Kew. Alternatively, if you can establish the record series and document references within the series, you can use our record copying service to have copies sent to you for a charge. Either way, you will need to follow these steps to locate records:

Step 1: Establish when the trial took place

If you do not know the date or even the year of a trial you may find your search hits a dead end very quickly. Unless the records are available online (most are not), establishing the date of the trial is essential before you can make any progress with your search.

If you do not know when (or where) a trial took place, for trials between 1791 and 1892 you can search the Home Office criminal registers for England and Wales (HO 26 and HO 27) on Ancestry.co.uk (£) by name of the guilty party. The registers list people charged with indictable offences and provide the place of trial, verdict and sentence.

For trials that took place between 1868 and 1971, use the records of Crime, Prisons and Punishment on Findmypast.co.uk (£) to search by name for Home Office calendars (lists) of prisoners tried at assizes and quarter sessions (HO 140). The records can provide details of where and when a trial took place. Given the sensitive and personal nature of some of the material, not all of these records are available to the public.

Step 2: Establish which kind of court heard the trial

It’s not just assize courts that were used for criminal trials between 1559 and 1971. Some criminal trials were heard at lower or higher levels of the court hierarchy, at quarter and petty sessions or at the Court of King’s Bench (see section 2 and section 6). Furthermore, some cities, counties and regions have had their own separate courts at different times since 1559. The chief among them, the records of which are not covered by this guide, are as follows:

In London

Trials took place either at the Old Bailey, Guildhall (for crimes in The City) or Middlesex Sessions House. For advice on Old Bailey records see our guide to Old Bailey records; for advice on Guildhall or Middlesex Sessions records visit the London Metropolitan Archives.

In Middlesex

Trials took place at the Old Bailey or Middlesex Sessions House. For advice on Old Bailey records see our guide to Old Bailey records and for Middlesex Sessions visit the London Metropolitan Archives.

In 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.

In Cheshire, Durham and Lancashire

In 1830 the palatinate of Chester (Cheshire) joined the assizes court system. Durham and Lancaster (Lancashire) merged into the assizes system in 1876. Prior to these years you will need to consult the Palatinate of Chester court records, the Palatinate of Durham court records or the Palatinate of Lancaster court records.

Step 3: Decide which type of record to look for

Usually, the best place to begin a search in the assize records is the crown and gaol books. To decide which kind of record will be most useful for your research see the information on record types in section 3.

Step 4: Identify the appropriate record series and piece number

Appendix 1. Record series key

Search the following record series by date, using the advanced search option in our catalogue, or browse through them in our catalogue by clicking on the record series links below. For more information on whether to browse or search, see our Discovery help pages.

Of the pre-19th century depositions that have survived, most are from northern counties. Of the pre-19th century Midland circuit records, most that survive are from after 1818.

Bristol assizes records prior to 1832 are held by Bristol Record Office.

County	Crown & Gaol Books		Indictments		Depositions		Other
Bedfordshire	1863-1876 1734-1863 1876-1945	ASSI 32 ASSI 33 ASSI 11	1658-1698 1693-1850 1851-1971	ASSI 16 ASSI 94 ASSI 95	1832-1876 1876-1971	ASSI 36 ASSI 13	ASSI 34, ASSI 38, ASSI 39, ASSI 15, ASSI 90
Berkshire	1657-1971 1847-1951	ASSI 2 ASSI 3	1650-1971	ASSI 5	1719-1971	ASSI 6	ASSI 4, ASSI 9, ASSI 10, ASSI 93, ASSI 89
Bucks	1863-1876 1734-1863 1876-1945	ASSI 32 ASSI 33 ASSI 11	1642-1699 1695-1850 1851-1971	ASSI 16 ASSI 94 ASSI 95	1832-1876 1876-1971	ASSI 36 ASSI 13	ASSI 34, ASSI 38, ASSI 39, ASSI 15, ASSI 90
Cambridgeshire	1902-1943 1863-1971 1734-1863	ASSI 31 ASSI 32 ASSI 33	1642-1699 1692-1850 1851-1971	ASSI 16 ASSI 94 ASSI 95	1834-1971	ASSI 36	ASSI 34, ASSI 38, ASSI 39, ASSI 90
Cheshire	1532-1831 1831-1938 1835-1883 1945-1951	CHES 21 ASSI 61 ASSI 62 ASSI 79	1341-1659 1831-1945 1945-1971	CHES 24 ASSI 64 ASSI 83	1341-1659 1831-1944 1945-1971	ASSI 65 ASSI 84	ASSI 59, ASSI 63, ASSI 66, ASSI 67, ASSI 91
Cornwall	1730-1971 1670-1824	ASSI 21 ASSI 23	1801-1971	ASSI 25	1861-1971 1951-1953	ASSI 26 ASSI 82	ASSI 24, ASSI 30, ASSI 92
Cumberland	1714-1873 1665-1810	ASSI 41 ASSI 42	1607-1876 1877-1971	ASSI 44 ASSI 51	1613-1876 1877-1971	ASSI 45 ASSI 52	ASSI 43, ASSI 46, ASSI 47, ASSI 93
Derbs	1818-1945	ASSI 11	1868-1971 1662,67,87	ASSI 12 ASSI 80	1862-1971	ASSI 13	ASSI 15, ASSI 88
Devon	1746-1971 1670-1824	ASSI 21 ASSI 2 3	1801-1971	ASSI 25	1861-1971 1951-1953	ASSI 26 ASSI 82	ASSI 24, ASSI 30, ASSI 92
Dorset	1746-1971 1670-1824	ASSI 21 ASSI 23	1801-1971	ASSI 25	1861-1971 1951-1953	ASSI 26 ASSI 82	ASSI 24, ASSI 30, ASSI 92
Durham	1770-1876 1753-1858 1858-1944	DURH 15 DURH 16 ASSI 41	1582-1877 1876-1971	DURH 17 ASSI 44	1843-1876 1877-1971	DURH 18 ASSI 45	DURH 19, ASSI 46, ASSI 47, ASSI 87, ASSI 93
Essex	1734-1943 1826-1971	ASSI 31 ASSI 32	1559-1688 1689-1850 1851-1971	ASSI 35* ASSI 94 ASSI 95	1825-1971	ASSI 36	ASSI 34, ASSI 38, ASSI 39, ASSI 90
County	Crown & Gaol Books		Indictments		Depositions		Other
Glos	1657-1971 1847-1951	ASSI 2 ASSI 3	1662-1971	ASSI 5	1719-1971	ASSI 6	ASSI 4, ASSI 9, ASSI 10, ASSI 89, ASSI 93
Hampshire	1746-1971 1670-1824	ASSI 21 ASSI 23	1801-1971	ASSI 25	1861-1971 1951-1953	ASSI 26 ASSI 82	ASSI 24, ASSI 30, ASSI 92
Herefordshire	1657-1971 1847-1951	ASSI 2 ASSI 3	1627-1971	ASSI 5	1719-1971	ASSI 6	ASSI 4, ASSI 9, ASSI 10, ASSI 89, ASSI 93
Hertfordshire	1734-1943 1826-1971	ASSI 31 ASSI 32	1573-1688 1689-1850 1851-1971	ASSI 35 ASSI 94 ASSI 95	1829-1971	ASSI 36	ASSI 34, ASSI 38, ASSI 39, ASSI 90
Hunts	1902-1943 1863-1971 1734-1863	ASSI 31 ASSI 32 ASSI 33	1643-1698 1693-1850 1851-1971	ASSI 16 ASSI 94 ASSI 95	1851-1971	ASSI 36	ASSI 34, ASSI 38, ASSI 39, ASSI 90
Kent	1734-1943 1826-1971	ASSI 31 ASSI 32	1559-1688 1689-1850 1851-1971	ASSI 35 ASSI 94 ASSI 95	1812-1971	ASSI 36	ASSI 34, ASSI 38, ASSI 39, ASSI 90
Lancashire	1524-1843 1686-1877	PL 25 PL 28	1660-1867 1877-1971	PL 26 ASSI 51	1663-1867 1877-1971	PL 27 ASSI 52	PL 28 ASSI 46, ASSI 53, ASSI 93, ASSI 86
Leics	1818-1864 1864-1875 1876-1945	ASSI 11 ASSI 32 ASSI 11	1653, 1656 1864-1875 1876-1971	ASSI 80 ASSI 35 ASSI 12	1862 1863-1875 1876-1971	ASSI 13 ASSI 36 ASSI 13	ASSI 15, ASSI 34, ASSI 38, ASSI 39, ASSI 88
Lincolnshire	1818-1945	ASSI 11	1868-1971 1652-1679	ASSI 12 ASSI 80	1862-1971	ASSI 13	ASSI 15, ASSI 88
London & Middlesex	1834-1949	CRIM 6	1834-1957 1833-1971	CRIM 4 CRIM 5	1839-1971 1923-1971	CRIM 1 CRIM 2	CRIM 7, CRIM 8, CRIM 9, CRIM 10, CRIM 11, CRIM 12, CRIM 13
Monm	1657-1971 1847-1951	ASSI 2 ASSI 3	1666-1971	ASSI 5	1719-1971	ASSI 6	ASSI 4, ASSI 9, ASSI 10, ASSI 89, ASSI 93
Norfolk	1902-1943 1863-1971 1734-1863	ASSI 31 ASSI 32 ASSI 33	1606-1699 1692-1850 1851-1971	ASSI 16 ASSI 94 ASSI 95	1817-1971	ASSI 36	ASSI 34, ASSI 38, ASSI 39, ASSI 90
Northants	1818-1864 1864-1876 1876-1945	ASSI 11 ASSI 32 ASSI 11	1659-1660 1864-1675 1876-1971	ASSI 80 ASSI 95 ASSI 12	1862 1864-1875 1876-1971	ASSI 13 ASSI 36 ASSI 13	ASSI 15, ASSI 34, ASSI 38, ASSI 39, ASSI 88
County	Crown & Gaol Books		Indictments		Depositions		Other
Northumberland	1714-1944 1665-1810	ASSI 41 ASSI 42	1607-1971	ASSI 44	1613-1971	ASSI 45	ASSI 43, ASSI 46, ASSI 47, ASSI 87, ASSI 93
Notts	1818-1945	ASSI 11	1868-1971 1663-4, 82	ASSI 12 ASSI 80	1862-1971	ASSI 13	ASSI 15, ASSI 88
Oxford	1657-1971 1847-1951	ASSI 2 ASSI 3	1661-1971 1688	ASSI 5 PRO 30/80	1719-1971	ASSI 6	ASSI 4, ASSI 9, ASSI 10, ASSI 89, ASSI 93
Rutland	1818-1864 1864-1876 1876-1945	ASSI 11 ASSI 32 ASSI 11	1667, 1685 1864-1875 1876-1971	ASSI 80 ASSI 95 ASSI 12	1862 1864-1873 1876-1971	ASSI 13 ASSI 36 ASSI 13	ASSI 15, ASSI 34, ASSI 38, ASSI 39, ASSI 88
Shropshire (Salop)	1657-1971 1847-1951	ASSI 2 ASSI 3	1654-1971	ASSI 5	1719-1971	ASSI 6	ASSI 4, ASSI 9, ASSI 10, ASSI 89, ASSI 93
Somerset	1730-1971 1670-1824	ASSI 21 ASSI 23	1801-1971	ASSI 25	1861-1971 1951-1953	ASSI 26 ASSI 82	ASSI 24, ASSI 30, ASSI 92
Staffs	1657-1971 1847-1951	ASSI 2 ASSI 3	1662-1971 1662	ASSI 5 ASSI 80	1719-1971	ASSI 6	ASSI 4, ASSI 9, ASSI 10, ASSI 89, ASSI 93
Suffolk	1902-1943 1863-1971 1734-1863	ASSI 31 ASSI 32 ASSI 33	1653-1698 1689-1850 1851-1971	ASSI 16 ASSI 94 ASSI 95	1832-1971	ASSI 36	ASSI 34, ASSI 38, ASSI 39, ASSI 90
Surrey	1734-1943 1826-1971	ASSI 31 ASSI 32	1559-1688 1689-1850 1851-	ASSI 35 ASSI 94 ASSI 95	1820-1971	ASSI 36	ASSI 34, ASSI 38, ASSI 39, ASSI 90
Sussex	1734-1943 1826-1971	ASSI 31 ASSI 32	1559-1688 1689-1850 1851-1971	ASSI 35 ASSI 94 ASSI 95	1812-1971	ASSI 36	ASSI 34, ASSI 38, ASSI 39, ASSI 90
Warw	1818-1945	ASSI 11	1868-1971 1652, 1688	ASSI 12 ASSI 80	1862-1971	ASSI 13	ASSI 15, ASSI 88
Westmor	1714-1873 1718-1810	ASSI 41 ASSI 42	1607-1876 1877-1971	ASSI 44 ASSI 51	1613-1876 1877-1971	ASSI 45 ASSI 52	ASSI 43, ASSI 46, ASSI 47, ASSI 53, ASSI 86, ASSI 93
Wilts	1746-1971 1670-1824	ASSI 21 ASSI 23	1729 1801-1971	ASSI 25 ASSI 25	1861-1971 1951-1953	ASSI 26 ASSI 82	ASSI 24, ASSI 30, ASSI 92
Worcs	1657-1971 1847-1951	ASSI 2 ASSI 3	1662-1971	ASSI 5	1719-1971	ASSI 6	ASSI 4, ASSI 9, ASSI 10, ASSI 89, ASSI 93
Yorks**	1658-1811 1718-1863 1864-1876 1876-1944	ASSI 42 ASSI 41 ASSI 11 ASSI 41	1607-1863 1868-1875 1876-1971	ASSI 44 ASSI 12 ASSI 44	1613-1863 1868-1875 1876 1971 1877-1971	ASSI 45 ASSI 13 ASSI 45 ASSI 52	ASSI 15, ASSI 43, ASSI 46, ASSI 47, ASSI 87, ASSI 93

* You can search by name and the term ‘assize’ for the calendars of Essex Assizes indictments in ASSI 35 (1558-1714) on the Essex Record Office catalogue.

** For Yorkshire there are two series of Crown & Gaol Books for the earlier period so you will need to check both.