Chancery: Criminal Inquisitions

C 144

c1216-c1461

Inquisitions, with the initiating writ attached, held by a jury and respecting felonies and homicides, which were returned into Chancery.

The writ ordering a special inquisition was usually requested by the accused, often when it was hoped to show that a slaying had been in self-defence. Other writs were secured when the accused wished to show that a killing had occurred by mischance. Many inquisitions held to discover the nature of a homicide also dealt with the reputation of the slayer; some inquisitions, indeed, known as inquisitions de gestu et fama, were held on special writs concerning reputation alone.

There are also inquisitions taken upon writs de odio et atia, used originally to challenge the good faith of an appeal of felony, homicide, robbery or breach of the peace. The appellee hoped that the inquisition would bring in a verdict that the accusation was malicious. Although, even if successful, the accused would still stand trial at a later date, a favourable verdict from the special inquisition was sufficient to secure the prisoner bail.

As the use of the appeal procedure declined, this particular writ came to be used against allegedly biased juries and those who had influenced them. It also came to be used exclusively in the context of accusations of homicide, since prisoners accused of lesser crimes could obtain bail by other means. Inquisitions based on the writ de odio et atia declined rapidly in the second half of Edward II's reign as gaol deliveries became more frequent.

Public Record(s)

Latin

43 file(s)

Topics

Legal

Crime

Criminal inquisitions were usually conducted by the sheriff. By the later thirteenth century he generally held them in the full county court, often in company with the coroner, to whom the writ would also be addressed. A few inquisitions were held before special commissioners.