Commissions of Trailbaston -- Luminarium Encyclopedia

COMMISSIONS OF TRAILBASTON, (lit. "club-dragging"), first instituted in 1304 under King Edward I, to try to control rampant violence and lawlessness in the counties, formed a bridge between commissions of oyer and terminer and the eyres.

All commissions of trailbaston were commissions of oyer and terminer, but whereas commissions of oyer and terminer always had a specific focus, with particular cases and offenses which they were to hear and judge, inquisitions of trailbaston were "grand commissions", whose aim and reach were more general, and whose justices had greater jurisdiction, akin to the justices of eyre. Justices of trailbaston were charged to look into, and punish, violent offenses; especially, those committed by bands of brigands. They were also to find and arrest those harboring or hiring these violent bands, and to root out corruption of royal officials. These misuses of office included extortion, acceptance of bribes, intimidation, cruelty, and other misdeeds.

The most common penalties imposed were fines or imprisonment; and many judgments of imprisonment could be commuted by payment of a heavy fine. These brought income to the crown and, understandably, caused much resentment in the populace. The commissions did, however, have a marked effect in stemming lawlessness in the counties; several commissions of trailbaston were called throughout the fourteenth century. They were eventually supplanted by more general commissions of oyer and terminer, but the name of trailbastons had caught on, so that many later commissions of oyer and terminer were popularly called trailbastons, even though, officially, they were not.

     Citation:

     Jokinen, Anniina. "Commissions of Trailbaston." Luminarium Encyclopedia.
          27 Sep 2017. [Date you accessed the page].
          https://www.luminarium.org/encyclopedia/trailbaston.htm

Other Local Resources:

Books for further study:

Burt, Caroline. Edward I and the Governance of England, 1272-1307.
            Cambridge University Press, 2013.

Goodman, Ellen. Origins of the Western Legal Tradition: From Thales to Tudors.
            Federation Press, 1995.

Janin, Hunt. Medieval Justice: Cases and Laws in France, England and Germany.
            Mcfarland & Co Inc, 2004.

Phelan, Amy Elizabeth. A Study of the First Trailbaston Proceedings
            in England, 1304-1307. PhD Dissertation.
            Cornell University, 1997.

Waugh, Scott L. England in the Reign of Edward III.
            Cambridge University Press, 2007.

Resources on the Web:

Magna Carta and the Development of Common Law - Paul Brand

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