History of Sussex - Jurisdiction

Jurisdiction

See also High Sheriff of Sussex, Custos Rotulorum of Sussex and Lord Lieutenant of Sussex

The system of hundreds had been introduced during the time of the Saxons. In the 7th century Sussex has been estimated to have contained 7,000 families or hides. The creation of the rapes by the Normans introduced boundaries that divided some of the hundreds (and also some of the manors) causing a certain amount of fragmentation. The Arundel Rape covered nearly all of what is now West Sussex until about 1250 when it was split into two rapes, the Arundel Rape and the Chichester Rape. Ultimately Sussex was divided into six rapes; Chichester, Arundel, Bramber, Lewes, Pevensey and Hastings.

At the time of the Domesday Survey, Sussex contained fifty nine hundreds. This eventually increased to sixty-three hundreds and remained unchanged till the 19th century, with thirty eight retaining their original names. The reason why the remainder had their names changed was probably due to the meeting-place of the hundred court being altered. These courts were in private hands in Sussex; either of the Church, or of great barons and local lords.

Independent from the hundreds were the boroughs.

The county court had been held at Lewes and Shoreham until 1086, when it was moved to Chichester. After several changes the act of 1504, during the reign of Henry VII, arranged for it to be held alternately at Lewes and Chichester.

In 1107-9 there was construction of a county gaol, in Chichester Castle, however the castle was demolished in around 1217 and another gaol built on the same site. That gaol is known to have been used until 1269, when the site of the prison was given to the Greyfriars to build a priory. In 1242 the counties of Surrey and Sussex were formerly united, and a sharing of prison accommodation resulted almost immediately. Sussex men were imprisoned in Guildford gaol. There were requests for the provision of a county gaol in both Chichester and Lewes at various times to no avail. However the national gaol system became overloaded during the Peasants' Revolt of 1381, and the earl of Arundel was obliged to imprison people in his castles at Arundel and Lewes. Thus Sussex managed to get a county gaol again at Lewes in 1487 and there it remained until it was moved to Horsham in 1541 for a period.

In the middle of the 16th century the assizes were usually held at Horsham or East Grinstead. In the middle of the 17th century a gaol was built in Horsham, then in 1775 a new gaol was built to replace it. In 1788 an additional gaol was built at Petworth, known as the Petworth House of Correction. There were further Houses of Correction built at Lewes and Battle.

It is believed that the last case of someone being executed by being pressed to death (peine forte et dure), in the country, was carried out in 1735 at Horsham. At the assizes a man who pretended to be dumb and lame, was indicted for murder and robbery. When he was brought to the bar, he would not speak or plead. Witnesses told the court, that they had heard him speak so he was taken back to Horsham gaol. As he would not plead they laid 100 pounds (45 kg) weight on him, then as he still would not plead, they added 100 pounds (45 kg) more, and a further 100 pounds (45 kg) making a total of 300 pounds (140 kg) weight, still he would not speak; so 50 pounds (23 kg) more was added, when he was nearly dead, the executioner, who weighed about 16 stone (100 kg) or 17 stone (110 kg), laid down upon the board which was over him, and killed him in an instant.

In 1824 there were 109 prisoners in Horsham Gaol, 233 in Petworth House of Correction, 591 in Lewes House of Correction and 91 in Battle House of Correction. The last public hanging in Sussex was at Horsham in 1844, a year before the gaol finally closed.

The sheriff's function was to be responsible for the civil justice within the county. Surrey and Sussex shared one sheriff until 1567 when the function was split. Then in 1571 the two counties again shared one sheriff, finally each county was given their own sheriff in 1636. The office of High Sheriff for Sussex then continued until 1974 when it was ended by the local government re-organisation that split Sussex into the two counties of East and West Sussex.

During time of internal unrest or foreign invasions it was usual for the monarch to appoint a lieutenant of the county. The policy of appointing temporary lieutenants continued till the reign of Henry VIII, when Lords Lieutenant were introduced as standing representatives of the crown. The first Lord Lieutenant of the County of Sussex was Sir Richard Sackville in 1550, the Lord Lieutenant was usually also the custos rotulorum of the county and Sackville had been given that the year before. The main duties of the Lords Lieutenant was to oversee the military in the county; in Sussex this was the Militia and the Sussex Yeomanry.

As with the Sheriff, the post of Lord Lieutenant of Sussex was ended, in 1974, by the local government re-organisation. There are now separate Sheriffs and Lords Lieutenant for East and West Sussex and the modern day role is largely ceremonial.

Private jurisdictions, both ecclesiastical and lay, played a large part in the county. The chief ecclesiastical franchises were those of the Archbishop of Canterbury, the bishop of Chichester and also that of Battle Abbey which was founded by William the Conqueror. The main lay francises were those of the Cinque Ports and the Honour of Pevensey. The Cinque Ports were a group of coastal towns in Kent and Sussex that were given ancient rights and privileges. The main rights were the exemption of taxes and duties and the right to enforce the laws in their jurisdiction. In return for these privileges they were duty bound to provide ships and men in the time of war for the crown. Traditionally when a collection of lands owned by the Crown is held in tenancy then the tenant is known as the tenant-in-chief and the lands held in such a way was called an honour. The Honour of Pevensey was a collection of estates in Sussex. The Honour of Pevensey was also known as the Lordship of Pevensey Castle or the Honour of The Eagle after the lords of L'Aigle who invariably were the tenant-in-chief. The name L'Aigle (French for eagle) supposedly being derived from a town in Normandy that was named after an eagle that had built its nest in the area.