Download e-book for kindle: A History of English Assizes 1558-1714 by J. S. Cockburn

By J. S. Cockburn

ISBN-10: 0521084490

ISBN-13: 9780521084499

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

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Prologue, ll. 3 1 4-15. 2 Rot. Par[. I n , 200, 661 ; 8 Ric. II, c. 2; 1 3 Hen. IV, c. 2. The medieval statutes are vague, perhaps deliberately so. That of 1 384 specifically included the CJCP. among those permitted to take assizes and deliver gaols. With reference to the CJKB. the statute stipulated that the practice ' shall be as for the most part of an hundred years was wont to be done '. The statute of 141 1 merely recited that of 1 384 which it apparently interpreted as debarring the CJKB.

S Rot. Parl. III, 1 39. • Ives, ' Legal Profession ', 28 1 . 1 See p. 45. T H E S T R EA M S O F PARA D I S E 20 For almost sixty years after 1330 the criteria governing the choice of places where gaols were to be delivered and pleas heard were also uncertain. In about half the counties assizes were taken at more than one place. 4 Since the seats of the shire courts and the chief towns were not always identical, this vague compromise provided little guidance, as another petition lodged in 1387 indicated.

6 Ric. II, c. 5. s 1 1 Ric. II, c. 1 1 . M. Add. MS. 35205. The cover also bears the names of the gaol delivery justices included in the commissions of 1 504 (Cal. Pat. I494r509, 361-3,) a fact suggesting that the list is of approximately the same date. 7 See p. 27. 8 The reference in the Stat. of Northampton is probably to the Stat. of West­ minster I I ( 1 3 Edw. I) of 1 285. 9 14 Edw. III, St. 5 , c. 16. 1 Not until 1384, however, was the Chief Justice of the Common Pleas ex­ pressly allowed to sit as an assize judge.

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

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