Administration of Justice
During the
medieval period the preservation of the public peace
within the borough was based on the system of frankpledge; in the 1590 charter specific reference is made
to the ancient standing of the view of frankpledge. (fn. 1)
The body responsible for holding the view seems to
have been, in the 15th century at least, the great and
small inquest, whose activities are occasionally recorded in the borough minutes. (fn. 2)
Under the 1590 charter the mayor was appointed a
justice of the peace (fn. 3) and at the court of record then
set up all trespasses committed within the borough
or its precincts 'by force and arms' were dealt with
at its three-weekly meetings. (fn. 4) At the same time the
continuance of the leet jurisdiction or view of frankpledge was provided for, (fn. 5) so that there seems to have
been some overlapping of the functions of the two
courts. However, the court of record appears to have
soon become a court for the recovery of debts and it
is probable that misdemeanours and minor criminal
offences were dealt with by the court leet which
was still in existence in 1655. (fn. 6) As late as 1710 the
borough council appointed a steward to preside at a
meeting of the court. (fn. 7)
In 1594 the borough council set up courts of trial. (fn. 8)
They were held four times yearly, were presided
over by the mayor, and attended by the steward and
all the aldermen, and thus appear to have been
quarterly sessions of the peace. These arrangements
were carried a step further by the 1664 charter which
appointed the mayor and two capital burgesses as
justices and thus gave a formal basis to the borough
commission of the peace. (fn. 9) The capital burgesses
were in practice chosen by the borough council and
they with the mayor formed the borough court of
Quarter Sessions, which was normally afforced by
the recorder or steward as assessor. (fn. 10) It was held in
1835 that the county magistrates had concurrent
jurisdiction with the borough magistrates but did
not in practice exercise it. (fn. 11) By the same date petty
sessions were being held every Monday. (fn. 12) The
Municipal Corporation Commissioners considered
that three magistrates were insufficient. They also
recorded a current suspicion that the magistracy was
animated by political bias. (fn. 13)
The Municipal Corporations Act (1835) preserved
the borough commission of the peace and gave it a
statutory basis. It was to consist of the mayor and his
predecessor in office for one year after the termination of his mayoralty. (fn. 14) The borough council, however, thought two justices insufficient and in 1836
appointed three additional ones. (fn. 15) In 1958 there
were six or seven magistrates who sat in turn, under
the mayor, every week-day if necessary. They acted
as licensing justices both for public houses and public
entertainments. (fn. 16)
The Municipal Corporations Act did not empower
the magistrates to sit as a court of Quarter Sessions
and the old court met for the last time in April 1836. (fn. 17)
It authorized the council, however, to petition for
the re-establishment of the court and the council
took advantage of this opportunity. Its petition to
the King in Council was lodged in 1836 (fn. 18) and granted
by patent in 1837, (fn. 19) when the new court sat for the
first time under the recorder. (fn. 20) Thenceforth it has
sat regularly except when lack of business has led to
cancellation; in 1914, for example, it was reported that
no meetings had been held for two and a half years. (fn. 21)
In the mid-19th century petty sessional courts
were being held at the police office in High Street. (fn. 22)
Quarter Sessions met at the Guildhall until 1953.
Since then both Petty and Quarter Sessions have
met at the court house next to the police station in
Water Street. (fn. 23)
A borough coroner was appointed in 1837 under
the Municipal Corporations Act. (fn. 24) The office survives.
In the sphere of civil actions, the court of record
set up by the 1590 charter was empowered to determine actions for debt and contract up to £40 (fn. 25) (increased to £50 by the 1664 charter). (fn. 26) Small debts of
less than 40s. were, however, at the first meeting of
the town council after the receipt of the 1590 charter,
transferred to the jurisdiction of a monthly court of
conscience set up 'to hear and determine the causes
of poor burgesses', though the charter apparently
gave no authority for the creation of additional
courts. (fn. 27) That may have been the reason why the
existence of this court was brief, for in 1594 it was
abolished by ordinance of the town council, (fn. 28) and
actions for debts under 40s. were to be tried by a
court of wager of law 'in the same manner and form
as the same court was holden in this borough before
our last grant [i.e. the 1590 charter] or confirmation'. (fn. 29)
There exists apparently no other reference to this
somewhat antiquated type of court with its archaic
use of the oaths of compurgators in place of the
usual forms of legal evidence.
The steward under the 1590 charter who, with the
mayor and bailiffs, presided over the court of record
received a fee of 40s. yearly for his attendance at the
meetings of the court. (fn. 30) The person, often referred
to as the learned steward, chosen for this office, would
normally possess a legal qualification and in fact he
was sometimes consulted by the council on matters
calling for a knowledge of the law. (fn. 31) Although it appears that the creation of the office of steward was
consequential upon the establishment of the court of
record, there is mention of an official bearing that
title in earlier records though his status and function
are doubtful. In the early minute book, in 1556–7,
there is reference to a steward of the mayor's court. (fn. 32)
From 1590 the steward was chosen by the mayor,
bailiffs, and burgesses, though their rights in this
respect were later challenged by the Crown. (fn. 33)
By the beginning of the 19th century the court of
record was falling into disuse, (fn. 34) and in 1835 it was
reported that in the preceding six years only 27
actions had been instituted. (fn. 35) Under the Municipal
Corporations Act of that year specific provision was
made for the continuance of the court of which the
judge was to be the recorder or such officer of the
borough as had been designated in the granting
charter. (fn. 36) The court was to be held under the same
conditions and at the same times as before. (fn. 37)
Early in 1836 the borough council decided on the
continuance of the court, as constituted by the 1590
charter, and to that end appointed two bailiffs who
with the mayor and steward (or recorder)—or any
two of them, the mayor or steward being one—should
hold and be judges of the court. (fn. 38) With the reconstitution of the Quarter Sessions court in 1837 (fn. 39)
under the presidency of the recorder, it was natural
that that officer should be regarded as the presiding
judge of the court of record. Nevertheless, the
attempt to revive the ancient court was short-lived
and in 1839, on the ground that the recorder was
non-resident and could not be expected to attend to
hear every petty case, the borough council decided
against its continued existence. (fn. 40)
In 1847 a county court for Newcastle and the
surrounding district was formed (fn. 41) and by 1851 was
sitting monthly at the Guildhall. (fn. 42)
A town prison is first mentioned in 1490–1 and
the serjeant was then its keeper. (fn. 43) In 1524–5 one of
the serjeants (for by that time there were two) was
still the keeper (fn. 44) and so it was in 1558–9. (fn. 45) In 1590
the bailiffs were declared to be responsible for the
imprisonment, presumably in the borough gaol, of
debtors. (fn. 46) The prison house, in 1612, was stated to
be under the hall. In 1617 it is called the Stone
House. (fn. 47) The Stone House apparently stood in High
Street on the north side of its junction with the Ironmarket (fn. 48) and may have been so called in contrast to
the brick or wooden buildings in the rest of the town.
By 1628 the use of the Stone House as a prison seems
to have ended as in that year the corporation leased
the premises to Thomas Hunt, (fn. 49) but references to
a common gaol or prison, of unspecified location,
and its keeper are frequent in the late 17th century. (fn. 50)
In 1612 a 'Cage', presumably a temporary lock-up
for misdemeanants, is mentioned. (fn. 51)
Nothing further is known about a prison until
1799 when it was decided to erect a prison for
offenders in the workhouse garden in the Higherland (fn. 52) and this had been built by 1802 when it was
referred to as a house of correction. (fn. 53) In 1809,
when the workhouse had been leased to the vestry, (fn. 54)
the governor of the workhouse was given charge of a
prison for debtors. Criminals and all other prisoners
were to be in the charge of the constables, who were
to have no access to the workhouse. (fn. 55) In 1811 a plan
for the erection of a wall to enclose the prison courtyard was approved and also for the building of an
additional room and two cells, the cost of the work
amounting to £164. (fn. 56) In 1817 William Whitaker,
master of the workhouse, was appointed keeper of
the prison at a yearly salary of £5, which in 1826 the
borough was asking the county treasurer to pay. (fn. 57)
The situation of the prison in the Higherland
had one serious disadvantage. In order to reach it
from many parts of the borough it was necessary to
pass through an isolated part of Stoke parish, (fn. 58)
where the borough constables had no power to act,
with the result that rescues of prisoners on their way
to prison took place. (fn. 59)
The prison consisted of four cells described in
1819 as accommodating 8 prisoners (fn. 60) and in 1833
16. (fn. 61) The room for debtors was seldom required;
there were only 2 in 1818, 1 in 1830, none in 1831,
and 2 in 1832. (fn. 62) An allowance of 6d. a day for the
maintenance of the prisoners was received from
the county treasurer. (fn. 63) In the early 19th century the
prison seems to have been nothing more than a place
of temporary confinement pending trial by Quarter
Sessions or the magistrates. (fn. 64)
In 1835 the Report on Municipal Corporations
animadverted upon the state of the two prisons. (fn. 65)
The prison for criminal offenders, attached to the
workhouse, was described as small and inconvenient;
it consisted of four small rooms with unglazed windows and without fire-places or means of heating.
The building was so insecure that constables had to
be placed outside to prevent escapes and instances
were known of prisoners breaking out through the
roof. This lack of security probably accounted for
the committal of prisoners before and after trial to
the county gaol. (fn. 66) The debtors' prison, also attached
to the workhouse, was in somewhat better condition,
having fire-places and glazed windows in its two
rooms, and a yard for exercise. (fn. 67)
Although in 1838, as a result possibly of the report, a revolving chevaux de frise was ordered to be
put up around the interior of the prison yard, (fn. 68) the
prison was probably still ineffective. (fn. 69) In 1840,
on receipt of a memorial from the magistrates on
the insufficiency of the prison accommodation, the
council agreed to the provision of an adequate prison
with twenty cells, as well as temporary lock-ups. (fn. 70)
In the same year it was decided to acquire from the
Duke of Sutherland land in Friars' Wood on which
to erect a new gaol. Government sanction for its
building was refused in 1842 (fn. 71) and, although in
1843–4 £58 was spent on the gaol and the maintenance of the prisoners, (fn. 72) it may be surmised that shortly
afterwards the borough ceased to be responsible for
the custody of offenders apart from those accommodated in the lock-up attached to the police office in
the High Street.
From the time when the minute books begin a
serjeant was annually elected, (fn. 73) and, although his
duties were not particularized, his function was no
doubt that of executing the judicial orders of the
great and small inquest. He was required to find
pledges for his good conduct, and in 1490–1 he was
placed under oath to guard the prisoners and gaol
under penalty of £5. (fn. 74) In the same year the practice
of appointing two constables began. (fn. 75) From 1501–2
two serjeants were regularly selected, known, from
1507, as the town serjeant and the mayor's serjeant, (fn. 76)
and it was to the former in 1524–5 that the custody
of the town gaol was assigned. (fn. 77)
In 1596 the borough council settled the form of
oath to be administered to the serjeants and constables and this is informative of the duties to be
performed by these officers. The serjeants were responsible for levying distraints, serving court orders,
and guarding the prisoners. (fn. 78) The constables, besides
being required to collect subsidies and to provide
post horses for royal messengers, were to assist in
the preservation of the peace by raising the hue and
cry against, and making search for, felons, and by
setting the watch. (fn. 79) By 1599, however, the custody
of prisoners seems to have been removed from the
serjeants and transferred to the bailiffs. (fn. 80) In addition
to the part played by these officers in the maintenance of law and order, the age-old obligation of
the burgesses to give their aid when required remained. Thus in 1607 every burgess was required
to provide himself with a club 'or good balke staffe'
and to be ready upon all occasions to assist the
authorities in maintaining the king's peace. (fn. 81)
During the 18th century the duty of maintaining
order remained with the serjeants and constables
who, as elected part-time officers, progressively
found the task beyond them. It is true that in 1734 (fn. 82)
the borough council relieved their burden to a
limited extent by adding to the bellman's duties the
taking up of vagrants, and that by 1736 (fn. 83) there
existed a night bellman, but it was not until 1819
that the Improvement Commissioners, then appointed, were empowered to employ watchmen. (fn. 84)
They do not seem to have taken speedy advantage
of the power thus given, and it was not until 1831
that four night patrols, furnished with staves, lanterns, and rattles were appointed. These operated,
with some intermission, until 1834. (fn. 85)
In that year the first step towards the establishment of a permanent police force was taken with the
appointment of a full-time constable at a salary of
£150 yearly and of two under-constables at £1
weekly. (fn. 86) Even so, the town clerk stated in the following year that the police were too few and incompetent. (fn. 87)
The Watch Committee, (fn. 88) set up under the Municipal Corporations Act, (fn. 89) reappointed the existing
police officer, Isaac Cottrill, and two constables. (fn. 90)
Cottrill actively assisted in the suppressing of the
Chartist riots in 1842, (fn. 91) but was subsequently found
to have misapplied funds voted for the fire brigade,
and in 1849 was dismissed for drunkenness. (fn. 92)
In 1858 the force, which had been threatened with
extinction in 1843, (fn. 93) consisted of a superintendent
and four constables, (fn. 94) which was criticized then (fn. 95)
and later (fn. 96) by the Home Office as inadequate. By
1874 it numbered 15, (fn. 97) by 1881 17, (fn. 98) and by the
beginning of the present century 18. (fn. 99) The extension of the borough in 1932 called for an expansion
of the force which had risen to 58 in 1938. (fn. 100) In 1947
the county council became the police authority. (fn. 101)
In the mid-19th century the police office stood in
High Street. (fn. 102) A new police station was opened in
1936 in Merrial Street, (fn. 103) and the old building pulled
down soon after to make way for Lancaster Building.
In 1939 a new station at Chesterton was approved,
on the completion of which the police were to vacate
Chesterton Hall, previously used as a police station. (fn. 104)