Records of Crime and Punishment

An introductory guide to historical records of criminals, policing, law and order in Derbyshire.

Most records relating to crime and punishment contain personal information – if the records relate to people who were born less than 100 years ago, access restrictions apply.  Please contact us to discuss arrangements for accessing these records.

Police

Outside of London, Justices of the Peace were first permitted to establish county forces under the 1839 County Police Act, but it was not mandatory until the County and Borough Police Act of 1856.  It was under this later Act that the Derbyshire Constabulary was established on 17 March 1857.  However, the first constabularies to be established in the county were in 1836 by the boroughs Chesterfield and Derby (under the Municipal Corporations Act 1835), Glossop borough followed in 1867.  Following mergers in 1947 a single force covered the whole county, plus Derby from 1967 and the main archive collection for the county and borough constabularies are held under reference D3376; although some records are held in other collections.

When the county force was first established, it was overseen by the County Quarter Sessions (see below).  In 1889 Derbyshire County Council took over the administrative functions of County Quarter Sessions and a Joint Standing Committee (see D919/C/1/6) was established consisting of equal numbers of justices and county councillors to oversee the county police force, with Borough Watch Committees maintaining responsibility over their respective forces.  The Joint Standing Committee had exclusive control of all buildings used for police and quarter sessions purposes – for minutes of the buildings committee see D919/C/1/7/1-2.  The 1964 Police Act abolished the Standing Joint committee replacing it with a Police committee of the County Council with magistrates forming one third of its membership, see D919/C/1/58/1-3 for the committee minutes.

A small number of other collections and a larger number of records in a variety of other collections of individual police officers, local bodies working with the police and related activities are also described in the online catalogue, along with details of items in the Local Studies Library.  Further items can also be found by searching for the word ‘police’ or other relevant words in the Title field.

This article, written by the great-great-grandson of a Victorian police constable, shows just how much can discovered about individual officers.  

Petty constables

Prior to the establishment of the professional police forces, maintaining law and order was primarily the responsibility of a local constable appointed by Justices of the Peace from a list of eligible candidates produced by the parish Overseers of the Poor.  Although sometimes referred to as the parish constable, the area they covered was not necessarily contiguous with the parish boundaries.  The constable would “present” to the county Quarter Sessions accusations usually of minor wrongdoing against people in his jurisdiction.  Some records, particularly 18th and 19th century constables accounts may be found amongst the parish archives, and presentments are also held in the county Quarter Sessions archive.

Quarter Sessions

The County Quarter Sessions was the main administrative and judicial body for the County of Derbyshire from the early medieval period until the late 19th century, and records survive chiefly from the 17th century.  The Quarter Sessions dealt with minor or preliminary judicial cases and with the administration of local government including oversight of the poor and settlement laws. 

The records are divided into four categories, with the main records relating to crime and punishment are:

  • Order Books (from 1682) record the decisions (i.e. orders) both administrative and judicial issued by the court, often including the place of residence and occupation of defendants along with a description of the crime and sentence (ref: Q/SO/1).  They also give information about the appointment of county and local officials, including indictments against parishes and their officials relating to failure to carry out their functions such as maintaining bridges and highways
  • Calendars of Prisoners (from 1694) are quarterly lists of  prisoners in the county gaol and houses of correction, and charges against them (ref: Q/SP).  They are handwritten until 1820 and ultimately also include age and some indication of literacy.  The records between 1729 and 1913 can be searched online.  
  • Orders of and bonds for Transportation to America between 1720-1772 (ref: Q/AT).
  • Jury lists recording the names of those eligible for jury service primarily for 1775-1875, with a few entries as early as 1702 and late as 1922 (ref: Q/RJ)
  • The minutes of the Police Committee and other records relating to the management of the Derbyshire Constabulary after 1857 are currently unlisted.  See Cox’s Three Centuries of Derbyshire Annals (1890) and Calendar of Records of the County of Derbyshire (1899) for further information.

The borough (now city) of Derby fell outside the jurisdiction of the county Quarter Sessions with Court of Record established 1446 and Quarter Sessions in 1611.  As with the county, matters of civil administration were transferred to the Borough Council in 1889.  Unfortunately, a fire in the 19th century and a flood in the 20th century destroyed many of Derby’s official records.  Nevertheless, some early records (including Order Books from 1628) do survive and are catalogued under reference D3551.

In 1972, Quarter Sessions and Assize courts (see below) were abolished and replaced by Crown Courts.

Petty Sessions, later known as Magistrates Courts

Since at least the 16th century, Justices of the Peace also presided over local courts of summary jurisdiction in cases of petty crime.  These Petty Sessions often covered very similar areas to the older hundreds and wapentakes.  From at least 1750 (when the earliest records survive) Derbyshire justices began to make returns of certificates of convictions to Quarter Sessions (ref: Q/UL).  There are also three registers of private jurisdiction between 1765 and 1859, but the main records begin in 1828.  They consist principally of registers of summary jurisdiction.  Separate registers may survive for licensing (particularly for public houses and theatres) from 1872, for juvenile offenders from 1933 and for minutes of special sessions, also called justices’ meetings.  A list of the archive collections for the Derbyshire Petty Sessions/Magistrates Courts can be found on our online catalogue

Petty Sessions also dealt with non-criminal business, particularly highways matters, appointments of parish officers, licensing and adoption cases.

TIP: as the majority of court records are limited in the information they provide, particularly with regards to witness statements, newspapers are often the most useful source for details of a particular case.

County Courts

The original County Courts developed out the Shire Courts of Anglo-Saxon England.  After the Norman Conquest, the Shire Reeves (Sheriffs) became their presiding officers and remained so until the establishment of the modern County Courts in 1846.  During the Middle Ages, the County Courts lost their criminal jurisdiction and their judicial competence was restricted to pleas of certain trespasses and actions for less than 40 shillings.  The only surviving Derbyshire records are the court books between 1826 and 1844 (ref: D2) and a book of pleas 1785-1795 (ref: D5836).  

The court books show that the County Court in the 19th century still considered many cases relating to small debts, but that the range of matters dealt with was very narrow, including arrangements for Parliamentary elections. 

County Courts in their modern form were established by Act of Parliament in 1846 as courts for the easier recovery of small debts.  Successive Acts widened their jurisdiction to any common law action, tort, contract, title to lands, probate, equity jurisdiction, bankruptcy and even Admiralty jurisdiction (though the latter of course doesn’t apply in Derbyshire).  Often the jurisdiction was limited considerably by the financial value of what was in dispute but undoubtedly they transacted a great deal of business, primarily relating to civil cases concerning debt and bankruptcy.   Unfortunately, only a small number of records have survived, including minute books (also known as plaint and minute books) and bankruptcy and Workmen’s Compensation Acts registers.  For further information about the collections and records available please see our online catalogue.

Assizes Court

The Assize Court was a national court that travelled to the counties on circuits.  Originally the assizes mainly dealt with property disputes, but eventually they began to try criminal cases.  From 1559 assize judges mainly dealt with the more serious criminal offences such as homicide, infanticide, theft, highway robbery, rape, assault, coining, forgery, witchcraft, trespass, vagrancy and recusancy.

As a national court, the records at held at The National Archives under reference ASSI.  Whilst you can search the catalogue for specific personal or place names, these records have not been fully catalogued and therefore searching by county may be more successful.  For Derbyshire, the following records survive:

  • Crown and Gaol Books, 1818-1945 (ref: ASSI 11)
  • Indictments, 1662, 1667, 1687 (ref: ASSI 80), 1868-1971 (ref: ASSI 12)
  • Depositions, 1862-1971 (ref: ASSI 13)

Other records for Derbyshire can be found under ASSI 15 and ASSI 88.  Some Calendars of Prisoners for Assizes cases 1830-1971 are held at Derbyshire Record Office under Q/SP, an index is available online up to 1875.

Manor court records

Some local minor crimes and civil offences relating to the management of the land came under the jurisdiction of the lord of the manor.  Use the Manorial Documents Register to discover what records have survived for each manor.

Further Reading
  • The National Archives research guides
  • Philip Riden (1987) Records Sources for Local History
  • Derbyshire Record Office (Archives First Series) Keeping the Peace: law and order in the past in Derbyshire. A Beginner’s Guide

Quarter Sessions indexes and transcripts now online

Before the formation of Derbyshire County Council in 1889, many of the things that we now regard as local authority functions were the preserve of the County Quarter Sessions. That’s why, from the very moment of its creation, the new authority already had such a wealth of historic quarter sessions records. It also benefited from work that had been kicked off in 1872 by the appointment of a Quarter Sessions Committee charged with “inspecting and arranging the records of the county”. For more about these early efforts to understand and organise Derbyshire’s archives, have a look at “Three Centuries of Derbyshire Annals” by John Charles Cox (1843-1919). There is a copy in our search room.

The Quarter Sessions had a broad and changing range of responsibilities and used a lot of very formal language to record what was going on. The format and language can be a little off-putting for first-time users (or even second- or third-time users, to be frank) and I think that explains why Quarter Sessions records remain relatively under-used.

To help people hack a pathway through the forest of words, names and places, we have transcripts and indexes that you can use. We can’t take any credit for their existence, except in the few instances (such as the amazing Prisoners Database) where they have been produced by our staff. They are the work of people who have devoted their energies and expertise into making the records easier to use.

The point of this blog post is to let you know that we have been adding these indexes and transcripts to our online catalogue. You can follow this link to the indexes/transcripts.

You can use them to find out if someone you are tracking through history was
…employed on a barge in the 1790s (Q/RM/3/1)
…an apprentice in a cotton mill in 1841 (Q/AG)
…enrolled in the Navy or Army in 1795 or 1797 (Q/AN) or an officer in the Derbyshire Rifle Volunteers (Q/AD/31)
…the subject of an inquest after their death (Q/AF/8)
…legally classified as a “lunatic” in the early 19th century (Q/AL/13)
…the proprietor of a business that had its scales tested for accuracy in 1797 (Q/AM/1), or who was convicted of weights and measures offences in 1798 or 1825 (Q/SO)
…considered suitable for jury service in 1775 (Q/RJ)
…apprehended as a “vagrant” or subjected to a settlement examination to work out whether they were legally entitled to remain in a parish they had moved to (Q/RV), or a removal order to send them back again (Q/SB/7)
…a Roman Catholic from 1693-1767 (Q/SB)
…ordered to pay for the upkeep of illegitimate offspring between 1682 and 1800 (Q/SO)
…tried by the Local Magistrates between 1792 and 1830 (A/SO) or the Assizes Court between 1834 and 1853 (Q/SP) – although this index has really been superseded by the Prisoners Database which I mentioned above.

Explore Your Archive – Prisoners of War

I first became aware that there had been Napoleonic prisoners in Derbyshire when I came across an unusual gravestone at St Mary and All Saints church, Chesterfield, aka the Crooked Spire.  The inscription translated as ‘In memory of Francois Raingeard, thirty years of age, Prisoner of War, died 1oth March 1812’ and bore the message ‘Stop Traveller!  If thro’ Life’s journey, Sympathy Has found a seat in thy Breast; thou’ll drop a pitying tear to the memory of one who…’; the last line started ‘In Friendship…’, but the rest had worn away.

This wasn’t the first time there had been prisoners of war in Derbyshire.  During the Seven Years’ War with France, the Victoria County History (Vol 2) states that 300 French prisoners were sent to Derby in July 1759.  Apparently the churchwardens of Derby All Saints made an “absurdly boastful and vainglorious entry” in their books concluding:

Their behaviour at first was impudent and insolent; and at all times vain and effeminate; and their whole deportment Light and Unmanly; and we may venture to say from our observation and knowledge of them that in any future war, this Nation has nothing to fear from them as an Enemy.  During their abode here, the road from this place to Parliament was by an Act of Parliament repair’d; the part from St. Mary’s Bridge (which by reason of the floods was impassible) being greatly raised.  Numbers of these people were daily employ’d, who work’d in their Bag Whigs, Pigtails, Ruffles, &c., a matter which afforded no small merriment.  But to their Honour let it be remembered, yet scarce an Act of Fraud or Theft was committed by any of them during their stay amongst us.    

Whilst prisoners of war from the lower ranks were held in prisons or on prison ships, officers were placed on a parole of honour in which they promised not to leave or escape from the town they were sent to.  Derbyshire’s central geographic position made it an ideal place to hold the men.  Our local studies library copy (940.27) of part of the National Archives’ general entry book of French prisoners of war on parole shows that from December 1803-July 1812 there were 172 prisoners on parole at Ashbourne and from November 1803-June 1811 there were over 400 held at Chesterfield.  The parish registers for Chesterfield show that aswell as Frenchmen there were at least a few Polish, Swiss, German, Italian and Hungarian prisoners too.

D302 Z/W 1 Weekly accounts, December 1812

D302 Z/W 1 Weekly accounts, December 1812

We have at the Record Office a bound volume of letters, accounts and reports (to the Transport Board) by John Langford (D302 Z/W 1) who was appointed as the agent for the care of parole prisoners at Ashbourne in March 1812.  The accounts and the discharge information can sometimes record prisoner’s names, the name of the prize i.e. from which vessel or place the prisoner was captured, whether the prize was a man of war, privateer or merchant vessel, what rank the prisoner held, and in some records the date of the beginning of their parole at Ashbourne, their date of discharge and how much they were paid.  One particular list which records prisoners at Ashbourne who hadn’t been held on parole or in prison anywhere else in the country, also records details of their age, height, hair colour, eye colour, face shape, complexion, figure, and any wounds or distinguishing marks.

D302 Z/W 1 Accounts of subsistence paid, 1812

D302 Z/W 1 Accounts of subsistence paid, 1812

Whilst the papers don’t reveal that much about their day-to-day activities, there are some letters which let us glimpse into individual lives, such as one from 26th November 1812 giving the account of a Monsieur Frohart who was judged to be in a state of insanity.  He was lodging with a Mr Mellor in the town and it was Mellor who reported to Langford that Frohart, having been restless and singing and making a noise the preceding night, appeared deranged the next morning and ran into the street only half-dressed and broke the windows of several neighbouring properties.  Apparently a couple of years previously he had been in a similar state whilst being on parole in Chesterfield.

Other letters record the various escapes of prisoners, such as Jacques Perroud, the captain of the privateer the ‘Phoenix’, who ran away in the night in April 1812 and was believed to be heading to the Kent coast.  A physical description of him is included and it also reports what he could be wearing, topped by a new hat with a narrow crown, broadish brim, a ribbon and a small white buckle.  Captain Perroud left behind at his lodgings a trunk, four small French dictionaries, three pairs of cloth pantaloons, four old cotton shirts and two cotton pillow cases.

Between 1803 and 1815, around ten prisoners (all men on parole at Chesterfield) appear in the Quarter Sessions Calendars of Prisoners, though I’m sure the actual figure was much higher.  Half of them are being tried on charges of breaking or exceeding their parole and the other half are up on bastardy charges for fathering illegitimate children.  There are at least twelve prisoners of war, including Francois Raingeard, buried in the Crooked Spire churchyard.  From 1806 onwards there are approx. ten marriages of prisoners of war to local women and about eighteen baptisms of children of prisoners, either with wives who were also taken as prisoners or women they had met and married in Chesterfield, and also a few illegitimate children.  

The Ashbourne St Oswald registers seem to show that one local family was particularly welcoming:  15th August 1808, Vincent Pierre Fillion, a French Prisoner of War, married Hannah Whitaker, spinster; 7th May 1810, Louis Hugand, a French prisoner, married Mary Whittaker, spinster; 30th December 1811, Peter/Pierre Dupre, Prisoner of War in Ashbourne, married Elizabeth Whittaker, spinster; 26th November 1812, Otto Ernst d’Heldreich, Prisoner of War, married Margaret Whittaker, spinster. 

Whilst a few remained in Derbyshire, most of the prisoners of war, and their families, eventually returned to mainland Europe.  But aswell as the legacy of a method of glove-making which carried on and thrived in Chesterfield during the nineteenth century, as the story goes it was a French prisoner who first introduced the recipe for what is known as Ashbourne Gingerbread, which is still made and sold in the town two hundred years later.

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