ASSIZE COURT RECORDS FOR FAMILY HISTORY

The country was divided into judicial circuits with each circuit covered by a series of visiting judges. Prior to 1876 when some circuits were re-arranged, there were six circuits. They were essentially a travelling court, meeting in town halls, guildhalls and other suitable premises. You will need to be aware of the circuits and the changes made as all records are organised as such.

Home, Norfolk and South-eastern circuits

The Home circuit comprised Essex, Surrey, Hertfordshire, Sussex and Kent. Prior to 1876, the Norfolk circuit comprised Bedfordshire, Norfolk, Buckinghamshire, Northamptonshire, Cambridgeshire, Rutland, Huntingdonshire, Suffolk and Leicestershire. In 1876 the Home circuit and some of the Norfolk circuit were combined to create the south-eastern circuit which then comprised Cambridgeshire, Norfolk, Essex, Suffolk Hertfordshire, Surrey, Huntingdonshire, Sussex and Kent. The jurisdiction of the Central Criminal Court (Old Bailey) also extended over parts of Essex, Kent and Surrey from 1834.

Midland circuit

Up to 1863 the circuit included Nottinghamshire, Derbyshire, Warwickshire, Lincolnshire, Leicestershire, Northamptonshire and Rutland. In 1863 Leicestershire, Northamptonshire, and Rutland were transferred to the Norfolk circuit, and Yorkshire was transferred to the Midland circuit from the old Northern circuit. A reversal took place in 1876 when Leicestershire, Northamptonshire, Rutland plus Bedfordshire and Buckinghamshire were transferred back from the former Norfolk circuit. Yorkshire was transferred to the North-eastern Circuit.

Northern circuit

This circuit comprised Cumberland, Northumberland, Durham, Westmorland and Lancashire. Yorkshire was part of the circuit until 1863, when it transferred to the Midland circuit. The jurisdiction of the courts in the Palatinates of Durham and Lancaster passed to the High Court of Justice under the Supreme Court of Judicature Act 1873. In 1876 the Northern circuit was split into the Northern and North-eastern circuits. The North-eastern circuit then comprised Northumberland, Yorkshire and Durham.

Oxford circuit

This circuit remained unaltered during its jurisdiction and comprised Oxfordshire, Berkshire, Gloucestershire, Shropshire, Herefordshire, Staffordshire, Monmouthshire and Worcestershire.

Western circuit

From 1541 this circuit also remained unaltered and comprised Cornwall, Somerset, Devon, Southampton (later Hampshire), Dorset and Wiltshire.

Welsh circuit

Up to 1945, there were two divisions of the Welsh circuit: the North Wales Division comprised Anglesey, Flint, Caernarvon, Merioneth, Chester, Montgomery and Denbigh, and the South Wales Division comprised Brecon, Glamorgan, Cardigan, Pembroke, Carmarthen and Radnor. The Wales and Chester circuit was not created until 1945 and then comprised Anglesey, Flint, Brecon, Glamorgan, Caernarvon, Merioneth, Cardigan, Montgomery, Carmarthen, Pembroke, Chester, Radnor and Denbigh.

Not all court records have survived mainly due to the travelling nature of the court and also because many were just destroyed by the court clerks when cases were completed. It is also less likely that earlier court records will have been kept. The records may not be overly name rich because the assize records only give details of the accused including name, occupation and place of abode. Some information can be either helpful or unreliable because aliases or other false information was often used. The place of abode was often where the crime took place as opposed to the residence of the accused.

These are the best records in which to begin research because they usually provide names of the accused, charges, plea, verdict and sentence/acquittal. They were sometimes called minute books as they contain information about the failure of local communities to maintain roads and bridges; these types of offences were often considered to be criminal rather than civil offences.

These were formal statements of the charges against the accused. Each indictment usually gives the name of the defendant with any aliases if known at the time, occupation, parish of residence, the date of the offence (sometimes in the form of a regnal year), details of the alleged offence with the name of the victim and a list of prosecution witnesses to be called. The offence was often described in lengthy missives, often using unfamiliar jargon.

Before 1916 the indictments were usually handwritten on parchment but some may have been on pre-printed partly written forms. After 1916 they were generally on a pre-printed form. Many were filed in bundles along with other related records. The related records could include coroners’ inquisitions, examinations and depositions, gaol calendars, trial minutes and occasionally presentments of civil offences which could give names, parishes of residence and occupations.

These were commonly referred to as session papers and consisted of pre-trial witness statements. Of the surviving records, which mostly relate to serious capital offences such as murder, many have been weeded out. The later deposition files may also contain items used as exhibits, such as photographs, maps and various appeal papers.

There are various other documents which may be informative when researching family history; these include pleadings, claims and counterclaims, jury lists and estreats (a term originating from manorial times which record fines and forfeits).

Most assize court records are original document;, many are on parchment filed in bundles so are only available at the National Archives. In order to find the correct record, you will need to establish where and when the trial was held. If you do not know this information, try local newspapers and the criminal registers, most of which are available online. By locating your ancestor by name this should indicate in which court session the trial was held. Make sure you have found the correct person particularly if your ancestor has a common surname.

The best place to begin a search are the crown and gaol books. All assize court records at the National Archives are within the ASSI series. You will also need a circuit series and piece number which can be located using Discovery. Once you have located the correct piece number you will then be able to view the original records.

Criminal cases in local newspapers

Trial reports are usually covered quite comprehensively in local newspapers so that may be the way to start your research before delving into official records. The advantage being that the complete trial details are all in one place. However, there may be much more background detail in the newspaper reports, and witness statements can also provide a greater insight than the official records. But you cannot do your research justice without using both resources so be aware that newspaper reports are not always accurate or may show a particular bias.

Useful online records to find criminal cases:

England & Wales Criminal Registers, 1791-1892 covering both the Quarter Sessions & Assize Courts are available on Ancestry.