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6 - Criminal proceedings

Published online by Cambridge University Press:  07 October 2011

J. S. Cockburn
Affiliation:
University of Maryland
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Summary

He beareth not the sword in vain; for he is the minister of God, a revenger to execute wrath upon him that doeth evil.

Romans, xiii. 4. Text of many seventeenth-century assize sermons.

The principles of evidence were then so ill understood and the whole method of criminal procedure was so imperfect and superficial, that an amount of injustice frightful to think of must have been inflicted at the assizes and sessions on obscure persons of whom no one ever has heard or will hear.

Sir James Stephen, History of the Criminal Law of England (1883), 1, 402.

The trial of Crown cases normally occupied one judge for the duration of each assize. Under the terms of the oyer and terminer and gaol delivery commissions assize judges were empowered to determine felonies, misdemeanours, and treasons and to try all suspects bailed or held in gaol within the counties of their circuits. Their association with the delivery of suspect felons detained in local gaols was of course by no means new. From at least as early as 1330 assize judges, in the ‘modern’ sense of Serjeants or justices of the central courts travelling regular circuits, were employed consistently in this work. That they failed for a further three centuries to secure a monopoly of provincial gaol delivery was the result of two principal factors. The first was the continued existence of franchise jurisdictions enjoying special arrangements for the delivery and trial of suspects. Most of these exceptions had been assimilated into the national system by the mid-seventeenth century, but at least one criminal franchise–the Bishop of Ely's liberty in the Isle–remained intact into the nineteenth century.

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Publisher: Cambridge University Press
Print publication year: 1972

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  • Criminal proceedings
  • J. S. Cockburn, University of Maryland
  • Book: A History of English Assizes 1558–1714
  • Online publication: 07 October 2011
  • Chapter DOI: https://doi.org/10.1017/CBO9780511896507.011
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  • Criminal proceedings
  • J. S. Cockburn, University of Maryland
  • Book: A History of English Assizes 1558–1714
  • Online publication: 07 October 2011
  • Chapter DOI: https://doi.org/10.1017/CBO9780511896507.011
Available formats
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Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Criminal proceedings
  • J. S. Cockburn, University of Maryland
  • Book: A History of English Assizes 1558–1714
  • Online publication: 07 October 2011
  • Chapter DOI: https://doi.org/10.1017/CBO9780511896507.011
Available formats
×