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Saturday 4 July 2015

Assize Courts and Transportation

The courts of assize, or assizes were periodic courts held around England and Wales until 1972, when together with the quarter sessions they were abolished by the Courts Act 1971 and replaced by a single permanent Crown Court. The assizes exercised both civil and criminal jurisdiction, though most of their work was on the criminal side. The assizes heard the most serious cases, which were committed to it by the quarter sessions (local county courts held four times per year), while the more minor offences were dealt with summarily by justices of the peace in petty sessions (also known as magistrates' courts).

The assizes were conducted twice yearly in circuits with the judges travelling, usually in pairs, from county to county to hold court. Somersetshire fell under the Western Circuit (which also included Hampshire, Wiltshire, Devonshire, Dorsetshire and Cornwall). Each circuit lasted between two and five weeks depending on the amount of business to be heard.

The lent assizes for the Western Circuit were held at Winchester, Salisbury, Dorchester, Exeter, Launceston, Taunton and Bristol, whilst the summer assizes were held at Winchester, Salisbury, Dorchester, Exeter, either Bodmin or Truro, and either Wells or Bridgwater, and were generally attended in that order.

The National Archives holds most of the surviving Western Circuit records (catalogued under ASSI 21-30, and cover years 1610-1971), however there are some familial assize records held locally. The less serious quarter session records are usually held in local archives.

Lesser crimes such as theft, which usually carried a seven year sentence, would have classed the convicted criminal a prisoner rather than a convict. (less dangerous than someone who had committed a felony) Dangerous convicts were usually held locally in prisons or gaol's as they were known whilst less dangerous prisoners were held on board prison hulks awaiting transportation.

One such hulk ship for transportation was the Minorca a merchant ship launched in 1799 at Newcastle upon Tyne, England. She made one voyage in 1801 transporting convicts to New South Wales. For her return voyage to Britain she was under contract to the British East India Company.

Under the command of John Leith, she sailed from Spithead, England on 21 June 1801, with 104 male convicts. She travelled in convoy with Canada and Nile, and reached Rio de Janeiro on 29 August. All three vessels arrived at Port Jackson on 14 December 1801. The next day Minorca was at Sydney Cove. Five male convicts died on Minorca during the voyage. Minorca left Port Jackson on 6 February 1802 bound for China.

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