They tried to
draw these men into confession by questioning. After indictment, a
person had the choice of a petty jury trial or paying a fine. The
Justices of the Peace could insist upon presentment juries or
surveys of offenses by local officers, but, without the
institution of policemen, not many crimes were prosecuted because
victims were unwilling or could not afford to initiate judicial
action. Their unwillingness was partly due to the severity of
penalties, e.g. death for the theft of over 12s. and whippings and
fines for misdemeanors. Further, the offender was frequently a
neighbor with whom one would have to live. Mediation by the local
constable often took place. When there an outbreak of lawlessness
in an area, a commission might be set up especially for that area
to enforce the law.
Assault cases were common in courts of assize and courts of
quarter sessions. The quarter sessions were those of a number of
Justices of the Peace held for a couple of days four times a year
for the more important cases in the jurisdiction of the Justices
of the Peace. Assault was violence or threat of imminent violence.
Fines were graduated according to the means of the offender, who
was usually bound over to keep the peace. Most involved offenders
and victims who were neighbors and included people of substantial
standing in the village. Also, a sizable minority were directed
against local officers such as constables, bailiffs, or tax-
collectors.
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