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The Ancient Indictments of the King’s Bench
in the Public Record Office are not a wholly neglected class of
records, though until recently their value for political history,
particularly of the fifteenth century when chronical sources are
so inadequate, had not been fully recognized.1 The
three groups of these documents printed below are intended to
illustrate the history of Kent in the mid-fifteenth century, and
also to throw some light on the political history of the kingdom
at this period.
(i) By the fifteenth century the great
majority of criminal cases in the king’s courts were begun by an
indictment certified by a grand jury as a "true bill ".
They could begin as a formal indictment drawn up by the crown
lawyers on which the grand jury was expected to pronounce a
verdict, or as presentments initiated by the jury itself and later
engrossed in Latin. The documents which follow contain both these
types, the former normally commencing with the words "it is
to be inquired for the king" (inquiratur pro domino rege),
the latter with "the jurors present "(juratores
presentant). There is, however, no practical difference
between the two types, and the distinction may be ignored for most
purposes.2
Indictments were normally taken before a
commission of |
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the peace, or of oyer and terminer or a similar
body, and they were eventually sent, often with the subsidiary
documents of process, to the King’s Bench, where those dating
from the reign of Edward III to that of Charles II now form
the class of Ancient Indictments.3 They are grouped in
files numbered consecutively from 1 to 932 : each of the first 184
contains proceedings relating to a single county or group of
counties, while the
1 They were used
extensively to reconstruct the history of the Peasants’ Revolt
of 1381 by W. E. Flaherty, "The Great Rebellion of 1381
", in Arch. Cant., iii, pp. 65-96; also by A. Réville,
Le soulèvement des travailleurs d’Angleterre en 1381 (Paris,
1898), and by others. C. T. Flower published a selection dealing
with public works in the Selden Society publications, Vol. xxxii,
and they have been used more often recently, notably by K. B.
McFarlane in John Wycliffe and the beginnings of English
Non-conformity (1952).
2 It is interesting
to note, however, that the documents in File 46 below, which were
only theoretically the responsibility of the Crown, are all of the
second type, whereas those in the other two files, especially
those dealing with treason, are of the first type.
3 The series is and
probably always was very incomplete, for many commissions
neglected to send in their indictments; and, as Miss Putnam
pointed out, exactly analogous documents returned by the justices
of assize and others appear in the class "Assize Rolls"
in the Public Record Office (English Historical Review, xxix,
1914, pp. 479-505). |