A History of English Assizes 1558-1714 by J. S. Cockburn

By J. S. Cockburn

This e-book is essentially an account of the main generic and longest lived of English courts through the most crucial in addition to the main influential interval of its background. It describes all facets of the court's paintings, body of workers, jurisdiction, and constitutional place, throws incidental mild at the nature of neighborhood management and govt, and examines the thesis that the functionality of assizes was once governmental - as a prime channel of communique among crucial govt and provincial authority - in addition to being judicial.

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Cal. Pat. B. 9/596-7 1 1 . 3 Asz. P. 29/146/85. B. 9/650(2) ; Whitelocke, Memorials, m , 174. 4 This account draws heavily on C. A. J. Skeel, The Council in the Marches of Wales ( 1 904), and P. Williams, The Council in the Marches of Wales under Elizabeth I (Cardiff, 1958). s Monmouth was transferred from Wales to England in 1 543 : 34 & 35 Hen. VIII, c. 26. 6 Williams, Council in the Marches, 47 sqq. P. 15/14/68. See below. The English circuits r558-r7r4 37 Despite an attempt by Worcester to gain independence in 1574 the Council thereafter maintained its jurisdiction intact until the end of Elizabeth's reign.

R563-6, 104-5 ; E 362/2/13A; Asz. 33/1. C. , 146. g. P. 29/233/160. C. nth Rep. App. m , 1 5 1 , 177. s This section is based on a study of medieval gaol delivery by Professor R. B. Jl. Cambs. IV (1953), 1-27. 9 Cal. Pat. r367-70, 286. I. 1/82, m. 3. M. Cott. MS. Claud. C. x1, ff. 321v, 326v, 35Sv; Select Cases in Exchequer of Pleas, ed. H. Jenkinson & B. S. XLVIII ( 1 932), 65. 34 T H E S T R EA M S O F PARA D I S E well. 1 Whether the two jurisdictions were exercised exclusively or concurrently is uncertain.

But the special commission of the peace issued to the Council in the North was never issued for the Welsh borders, and the scope of the Council's judicial powers there remained undefined. In practice the Council in the Marches seems to have exercised authority over civil causes generally and over all crimes, including treason. The geographical limits of the Council's jurisdiction, of par­ ticular importance to common law justices on circuit in the English border counties, were equally vague. Until the early years of Elizabeth's reign it seems to have been accepted that the Council's jurisdiction included the sixs English shires.

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