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Durham E-Theses The Middlesex justices 1590 1640: the commissions of the peace, oyer and terminer and gaol delivery for Middlesex King, P. S. How to cite: King, P. S. (1972) The Middlesex justices 1590 1640: the commissions of the peace, oyer and terminer and gaol delivery for Middlesex, Durham theses, Durham University. Available at Durham E-Theses Online: http://etheses.dur.ac.uk/10246/ Use policy The full-text may be used and/or reproduced, and given to third parties in any format or medium, without prior permission or charge, for personal research or study, educational, or not-for-prot purposes provided that: • a full bibliographic reference is made to the original source • a link is made to the metadata record in Durham E-Theses • the full-text is not changed in any way The full-text must not be sold in any format or medium without the formal permission of the copyright holders. Please consult the full Durham E-Theses policy for further details. Academic Support Oce, Durham University, University Oce, Old Elvet, Durham DH1 3HP e-mail: [email protected] Tel: +44 0191 334 6107 http://etheses.dur.ac.uk 2 THE MIDDLESEX JUSTICES 1 590 - 1640 THE COMMISSIONS OP THE PEACE, OYER AND TERMINER AND GAOL DELIVERY FOR MIDDLESEX P. S. KING M.A. Thesis 1972 University of Durham, Department of History The copyright of this thesis rests with the author. No quotation from it should be published without his prior written consent and information derived from it should be acknowledged. THE MIDDLESEX JUSTICES 1590 - 1640 The commissions of the peace, oyer and terminer and gaol delivery for Middlesex M.A. Thesis 1972 P. S. King SUMMARY This is a study of the process of justice and administration in the county of Middlesex "by justices of the commissions to keep the peace, to hear and determine indictments (oyer and terminer) and to deliver the gaol of Newgate. There were some differences from other parts of England in the procedure in the Metropolis, owing to its special features. Middlesex was primarily the metropolitan county, having a special relationship with the City of London. The nature and purpose of the different commissions are considered and the various factors which influenced their working in the metropolitan district explained. The procedure of the sessions held under them is described and various aspects of the judicial process discussed. The membership of the several commissions is compared, lists of them being appended. Some of the judicial and administrative work of the more active justices, especially those serving on the lour London and Middlesex commissions, is studied in some detail The study is based on the records of the sessions of the peace and gaol delivery of the county of Middlesex and the City of London. The City Corporation records,- letters in the State Papers and the Lansdown and other collections, subsidy returns, chancery enrolments of commissions, and other records, have also been used. 1. THE MIDDLESEX JUSTICES 1590 - 1640 CONTENTS INTRODUCTION 4 chap. 1. MIDDLESEX - THE COUNTY 9 Description of the county 2. THE.JUDICIAL SYSTEM IN MIDDLESEX 28 The four commissions, effect of the City of London's privileges 3. THE SESSIONS Part 1 47 Description of a gaol delivery and inquiry sessions 4. THE SESSIONS Part 2 70 Discussion: grand jury, charge to jury, influence of juries, types of sentence, benefit of clergy, pardons, peine forte et dure 5. THE GENERAL SESSIONS OF THE PEACE 101 General and administrative work, some forms of process: traverse, submission, informations, commissions of Annoyance, Westminster 6. SESSIONS HOUSES AND PRISONS 131 Old Bailey, Finsbury, Hicks Hall, Newgate Gaol, Middlesex prisons 7. MIDDLESEX JUSTICES AT WORK 155 Type of work, 'professional' justices 8. MIDDLESEX JUSTICES - A CONCLUSION l8l BIBLIOGRAPHY I96 APPENDICES 1. Biographical notes of some Middlesex Justices 201 2. Commissions of the Peace 221 3. Westminster Commission of the Peace 237 4. Oyer and terminer and Gaol Delivery Commissions 239 5. Mayors of London ^3 2. INDEX 246 MAP OF MIDDLESEX, 1593, by John Norden (GLC) . 9a MAP OF LONDON, 1572, published in Braun and Hogenberg, Civitates Orbis Terrarum (GLC) end Note of abbreviations 3 3. ABBREVIATIONS Institutions whose manuscripts have been referred to frequently are cited by abbreviations, as given below, followed by the institution's own class reference (as PRO. C/66 for patent rolls) and number. GLRO.M Greater London Record Office, Middlesex section. MJ/ - Middlesex Sessions records Corp.of Lon. Corporation of London Record Office. Rep. - Repertories of Court of Alderman PRO. Public Record Office, London. BM. British Museum Lans. - Lansdown MSS Eg. - Egerton MSS Harl. - Harleian MSS Bodl. Bodleian Library, Oxford. SP.D. Calendars of State Papers, Domestic Series, Public Record Office Full details of all sources and authorities are given in the Bibliography DATES New style dates (year beginning on 1st January) have been used throughout (except in quotations). 4. INTRODUCTION This is a study of the work of the three judicial commissions: to keep the peace, to hear and determine cases (oyer and terminer) and to deliver the gaol, as they were enforced in the county of Middlesex. This county was in a unique position as the metropolitan county with a special relationship with the City of London. The organisation of the commissions of the Metropolis shows some unusual characteristics distinguishing it from that in other English counties, with their assizes and quarter sessions of the peace. This was in part due to the presence of the royal courts of King's Bench and Common Pleas, which sat regularly in Westminster thus making visits from circuit judges unnecessary. Chiefly, however it was brought about by the ancient privileges of the City of London. The City had been allowed considerable independence of judicial process and had a degree of juris• diction over the county of Middlesex since it had been granted the Sheriffwick of Middlesex. The county had a commission of the peace, while in the City the most senior of the aldermen were by charter justices of the peace. However the common gaol, under the sheriff's dominion, for both the City and the county was the City gaol of Newgate. A single commission for the delivery from it of both London and Middlesex prisoners was, therefore, directed to the Lord Mayor of London, some justices of the royal Benches and some justices of both London and Middlesex. Nevertheless independent commissions of oyer and terminer, that is for inquiry into felonies and other matters more serious than were covered by the commission of the peace, were directed separately to the City and the county. This meant that the court sessions were, in a sense, split: firstly two inquiry sessions, one for the City and one for Middlesex, secondly combined triai sessions. 5. These three commissions were, unlike the assize judges' commissions, directed primarily to local justices. The gaol delivery commission, in fact, was, by charter, addressed to the Lord Mayor of the City and many of the aldermen, although it also included a few justices of the royal Benches. Since sessions were held frequently under these commissions, the justices of the county's commission of the peace were only required to hold sessions of the peace twice a year. Thus, strictly speaking, Middlesex did not have quarter sessions of the peace like other counties, much of the work being done by the justices of the higher commissions. My interest in this subject arose when, as an archivist, I was engaged in cataloguing the Middlesex sessions records. These include judicial process and administrative records under the three Middlesex commissions, including the Middlesex part of the gaol delivery, and other special commissions, but were kept together as one series by the one Clerk of the Peace and his staff. As an archivist, and therefore concerned with the origin and purpose of records, I have attempted to piece together the procedure of the different courts, and the activity of the justices. Indeed without an understanding of the process, the formal and abbreviated phrases of these records, a rich source of history, can only partially be understood. While studying the courts I also tried to answer some of the questions often asked. Were several distinct sessions held under the different commissions? What functions did each have? What sort of men acted as justices under each commission? How much of the general peace work was dealt with by the members of the higher judicial commissions? How far, in fact, was all the work under all the commissions dealt with by the same group of men? Did this also apply to the City? I looked first at the origin and effect of the City's privileges and the City's relationship with Middlesex. In view of these privileges what 6. commissions were issued to the City and to Middlesex and who were the members? Having established the purpose and, to some extent the nature of membership of the commissions, I have described the procedure of the sessions, followed by some explanation and discussion of various aspects of the judicial process. Then the twice yearly Middlesex general sessions jpfi the peace were considered, briefly, to see what work was left to the commission of the peace. This included minor felonies such as witchcraft, and the 'information process' used for the trial of certain trade mis• demeanours. The provision of sessions houses and prisons for the county was also the province of the sessions of the peace. This was a matter in which the difficulties of the relationship between the county and the City were most apparent. Finally I turned to the work of individual justices, in the light of what I have previously studied, to see what sort of men did the bulk of the work.
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