Identity area
Reference code
Title
Date(s)
- 1899 (Creation)
Level of description
Extent and medium
0.01 linear metres
Context area
Name of creator
Biographical history
The Commission (of the Peace) gave Justices of the Peace the power to try offences in their courts of Quarter Sessions, appointed them to conserve the peace within a stated area, and to enquire on the oaths of "good and lawfull men" into "all manner of poisonings, enchantments, forestallings, disturbances, abuses of weights and measures" and many other things, and to "chastise and punish" anyone who had offended against laws made in order to keep the peace.
The Custos Rotulorum (Keeper of the Rolls) was responsible for the care of the county records. Appointed (since the fourteenth century) in the Commission of the Peace, he was a leading justice, unpaid and holding the post for life; and from the seventeenth century usually also holding the office of Lord Lieutenant of the county. His Deputy was the Clerk of the Peace who was in practice the actual keeper of the records, and who drew up, registered and oversaw the storage of the records.
The court case between the Duke of Westminster as Custos Rotulorum of the County of London and the Duke of Bedford as Custos Rotulorum of the County of Middlesex concerned the custody of quarter sessions records relating to those parts of Middlesex which were moved into the new County of London. The Local Government Act of 1888 had given the Middlesex Sessions House at Clerkenwell Green to the new County of London. As part of their vacating of the premises, the Middlesex Clerk of the Peace removed all court records to the Middlesex Guildhall in Westminster. The Duke of Westminster argued that the records should be divided between the two counties, so that records relating to those parts of Middlesex now in London should be handed over to the custody of London County Council. The judgement was that the records created in what was Middlesex at the time should stay in Middlesex, despite later changes of administrative boundary. A full report of the case and the reasoning behind the judgement can be found in The Times newspaper for December 19 1899.
Repository
Archival history
GB 0074 ACC/0605 1899 Collection 0.01 linear metres Various
The Commission (of the Peace) gave Justices of the Peace the power to try offences in their courts of Quarter Sessions, appointed them to conserve the peace within a stated area, and to enquire on the oaths of "good and lawfull men" into "all manner of poisonings, enchantments, forestallings, disturbances, abuses of weights and measures" and many other things, and to "chastise and punish" anyone who had offended against laws made in order to keep the peace.
The Custos Rotulorum (Keeper of the Rolls) was responsible for the care of the county records. Appointed (since the fourteenth century) in the Commission of the Peace, he was a leading justice, unpaid and holding the post for life; and from the seventeenth century usually also holding the office of Lord Lieutenant of the county. His Deputy was the Clerk of the Peace who was in practice the actual keeper of the records, and who drew up, registered and oversaw the storage of the records.
The court case between the Duke of Westminster as Custos Rotulorum of the County of London and the Duke of Bedford as Custos Rotulorum of the County of Middlesex concerned the custody of quarter sessions records relating to those parts of Middlesex which were moved into the new County of London. The Local Government Act of 1888 had given the Middlesex Sessions House at Clerkenwell Green to the new County of London. As part of their vacating of the premises, the Middlesex Clerk of the Peace removed all court records to the Middlesex Guildhall in Westminster. The Duke of Westminster argued that the records should be divided between the two counties, so that records relating to those parts of Middlesex now in London should be handed over to the custody of London County Council. The judgement was that the records created in what was Middlesex at the time should stay in Middlesex, despite later changes of administrative boundary. A full report of the case and the reasoning behind the judgement can be found in The Times newspaper for December 19 1899.
Gifted to the Archive in 1957.
Legal documents relating to the custody of records by the London County Council, 1899, comprising letter regarding inspection of Commissions of the Peace; subpoena of witnesses to attend Court to give evidence for the defendant in the case of the Duke of Westminster as Custos Rotulorum of the County of London v Duke of Bedford as Custos Rotulorum of the County of Middlesex; and affidavit in the same case giving proof of an expert verifying copies of ancient Commissions of the Peace for Middlesex and Westminster.
Three documents in chronological order.
Available for general access.
Copyright to these records rests with the Corporation of London.
English
Fit
Please see online catalogues at: http://search.lma.gov.uk/opac_lma/index.htm
Reference MJP/C contains the original Commissions of the Peace and of Oyer and Terminer issued to the Justices of the Peace for Middlesex.
Compiled in compliance with General International Standard Archival Description, ISAD(G), second edition, 2000; National Council on Archives Rules for the Construction of Personal, Place and Corporate Names, 1997.
November 2009 to February 2010 LCC , London County Council x London County Council MCC , Middlesex County Council x Middlesex County Council Courts Quarter sessions Law Legal systems Legal history People Personnel People by occupation Legal profession personnel Magistrates Justices of the Peace Custos rotulorum Records and correspondence Court records Records (documents) Court papers Commissions (documents) Administration of justice Legal procedure Information sources Documents Quarter Sessions records Information sciences Archive science Custody of documents London England UK Western Europe Europe Middlesex
Immediate source of acquisition or transfer
Gifted to the Archive in 1957.
Content and structure area
Scope and content
Legal documents relating to the custody of records by the London County Council, 1899, comprising letter regarding inspection of Commissions of the Peace; subpoena of witnesses to attend Court to give evidence for the defendant in the case of the Duke of Westminster as Custos Rotulorum of the County of London v Duke of Bedford as Custos Rotulorum of the County of Middlesex; and affidavit in the same case giving proof of an expert verifying copies of ancient Commissions of the Peace for Middlesex and Westminster.
Appraisal, destruction and scheduling
Accruals
System of arrangement
Three documents in chronological order.
Conditions of access and use area
Conditions governing access
Available for general access.
Conditions governing reproduction
Copyright to these records rests with the Corporation of London.
Language of material
- English
Script of material
- Latin
Language and script notes
English
Physical characteristics and technical requirements
Reference MJP/C contains the original Commissions of the Peace and of Oyer and Terminer issued to the Justices of the Peace for Middlesex.
Finding aids
Please see online catalogues at: http://search.lma.gov.uk/opac_lma/index.htm
Allied materials area
Existence and location of originals
Existence and location of copies
Related units of description
Notes area
Alternative identifier(s)
Access points
Subject access points
Place access points
Name access points
Genre access points
Description control area
Description identifier
Institution identifier
Rules and/or conventions used
Compiled in compliance with General International Standard Archival Description, ISAD(G), second edition, 2000; National Council on Archives Rules for the Construction of Personal, Place and Corporate Names, 1997.
Status
Level of detail
Dates of creation revision deletion
Language(s)
- English