Trailbaston
Encyclopedia
Trailbaston was a special type of itinerant judicial commission first created during the reign of Edward I of England
and used many times thereafter during the reigns of Edward II
and Edward III
, primarily to punish felonies and trespass at the king's suit.
The first trailbaston commissions date back to 1305, when Edward I
directed several teams of justices to visit each English county and seek presentments for felonies (homicide, theft, arson, and rape) and certain trespasses (premeditated assault, extortion, and violent disseisin). Edward I added conspiracy to the list of presentments in late 1305. In 1307 Edward I issued a revamped trailbaston commission that directed the justices to try assizes and deliver all prisoners in the counties they visited, not just those charged in previous trailbaston sessions. The 1307 trailbaston commission also directed justices to audit local compliance with the Statute of Winchester (1285) and to investigate local efforts to arrest felons.
The declared intention of the trailbaston commissions was to combat increasing levels of violence and public disorder, but an added bonus for the crown was the revenues brought by forfeit
ure, which was the punishment for conspiracy.
Edward I of England
Edward I , also known as Edward Longshanks and the Hammer of the Scots, was King of England from 1272 to 1307. The first son of Henry III, Edward was involved early in the political intrigues of his father's reign, which included an outright rebellion by the English barons...
and used many times thereafter during the reigns of Edward II
Edward II of England
Edward II , called Edward of Caernarfon, was King of England from 1307 until he was deposed by his wife Isabella in January 1327. He was the sixth Plantagenet king, in a line that began with the reign of Henry II...
and Edward III
Edward III of England
Edward III was King of England from 1327 until his death and is noted for his military success. Restoring royal authority after the disastrous reign of his father, Edward II, Edward III went on to transform the Kingdom of England into one of the most formidable military powers in Europe...
, primarily to punish felonies and trespass at the king's suit.
The first trailbaston commissions date back to 1305, when Edward I
Edward I of England
Edward I , also known as Edward Longshanks and the Hammer of the Scots, was King of England from 1272 to 1307. The first son of Henry III, Edward was involved early in the political intrigues of his father's reign, which included an outright rebellion by the English barons...
directed several teams of justices to visit each English county and seek presentments for felonies (homicide, theft, arson, and rape) and certain trespasses (premeditated assault, extortion, and violent disseisin). Edward I added conspiracy to the list of presentments in late 1305. In 1307 Edward I issued a revamped trailbaston commission that directed the justices to try assizes and deliver all prisoners in the counties they visited, not just those charged in previous trailbaston sessions. The 1307 trailbaston commission also directed justices to audit local compliance with the Statute of Winchester (1285) and to investigate local efforts to arrest felons.
The declared intention of the trailbaston commissions was to combat increasing levels of violence and public disorder, but an added bonus for the crown was the revenues brought by forfeit
Asset forfeiture
Asset forfeiture is confiscation, by the State, of assets which are either the alleged proceeds of crime or the alleged instrumentalities of crime, and more recently, alleged terrorism. Instrumentalities of crime are property that was allegedly used to facilitate crime, for example cars...
ure, which was the punishment for conspiracy.