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Introduction

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Murder, rape, burglary, arson, sheep stealing. Being found guilty of any of these offences at one of the regional assize courts could have meant the gallows. However, although the number of capital offences increased between 1688 and 1832, there were fewer executions and more transportation of convicted criminals to Australia (and America until its independence in 1776). Transportation continued for the best part of two hundred years until the mid 19th century. Counties were grouped together into assize 'circuits', with visiting judges. The vast majority of the assize court records are held with us. Stray records can be traced via the online indexes of the National Register of Archives. Courts were held several times a year in the county towns of England and Wales from the medieval period through to 1971.

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For the record:

Assize courts dealt with a wide variety of criminal and civil cases. It is worth remembering that assize courts did not only deal with serious individual criminal cases. Cases detailing legal arguments over the maintenance of roads, for example, can be found in the records. A non-exhaustive list of types of crime would include:

  • Murder
  • Manslaughter
  • Arson
  • Theft
  • Riot
  • Rebellion
  • Treason
  • Manufacturing counterfeit coins
  • Sheep stealing

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If you are interested in a local study of certain crimes in a specific area covering a particular period you will have to take notice of the position of the law. For example, if you are interested in researching instances of sheep stealing, you will only find the assize records useful until it ceased to be a capital offence in the early 1830s. After that you will need to turn to the records of the quarter and petty sessions, which are held at local county record offices. There were several exceptions to this system and it is essential to be aware of them. Knowing what the exceptions were will help you to locate the records you are looking for. The exceptions are listed below.

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  • The English counties of Cheshire, Durham and Lancashire were known as 'Palatinates' and had their own 'Palatinate courts'. These are sometimes referred to as the Chester, Durham and Lancashire assizes. We hold the records of these courts.
  • Middlesex was never covered by an assize circuit and the equivalent cases were dealt with by the Old Bailey. The Old Bailey sessions were divided into two parts: the first dealt with London cases, and the second with those relating to Middlesex. Although some Old Bailey sessions material is kept here you should initially begin your search online at www.oldbaileyonline.orgExternal website - link opens in a new window and the Corporation of London Records Office or the London Metropolitan Archives(1). In 1834 the Central Criminal Court replaced the Old Bailey sessions. This court covered London and Middlesex as well as selected parts of Essex, Kent and Surrey and reflected the urban expansion of London.
  • The Corporation of Bristol had the right to hear criminal cases up until 1832 and these records are held at the Bristol Record Office.(2)
  • Wales had its own courts, known as the Courts of Great Sessions, up until 1830(3). At this time the North and South Wales assize circuits were formed and these records are held here.
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To make best use of the court records it may help to know in more detail about how the assize courts were run. You could refer to published works such as J.M. Beattie, Crime and Courts in England 1660-1800, (Oxford, 1986).

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Useful links

Footnotes

1. Corporation of London Records Office, PO Box 270, Guildhall, London. EC2P 2EJ (for London cases). London Metropolitan Archives, 40, Northampton Road, London, EC 1R 0HB (For Middlesex cases).

2. Bristol Record Office, 'B' Bond Warehouse, Smeaton Road, Bristol, BS1 6XN.

3. The Court of Great Sessions records from 1543 to 1830 are kept at the National Library of Wales, Aberystwyth, Dyfed, SY23 3BU.

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