This volume of Rutland’s Quarter Sessions records
contains details of a wide variety of cases, ranging from
the criminal to the administrative, and covers a period of
some thirty years. The courts were held for the most part
at Oakham Castle, but a fair few were held at Uppingham,
usually in the Schoolhouse. Other venues mentioned are
the Crown Inn at Oakham, the Falcon at Uppingham, a
private house at Glaston and another at North Luffenham.
Licensing sessions for victuallers were regularly specified
to be held at the White Horse at Empingham, but the
records of these sessions are not present in this book. A
number of hands can be identified, the most obvious
change being in 1770 when Isaac Bailey was appointed
clerk in succession to Robert Ridlington, deceased.
The sessions were supposedly held quarterly, but there were occasions when the court was
cancelled because no justices were present, and twice the Epiphany sessions were cancelled
due to inclement weather, in 1767 and 1772. A glance at Thomas Barker’s weather records
confirms that there were heavy snows and severe frosts in both years (see John Kington, The
Weather Journals of a Rutland Squire (1988), 76, 79).
Several categories of proceedings predominate: prosecutions for theft or assault, or for
releasing animals which had been impounded for trespass; the appointment of
gamekeepers; instructions to constables; the licensing of higglers (itinerant dealers in
poultry and dairy goods, &c); remands in gaol for lack of sureties; the settlement of
paupers in or out of the county and related disputes; and the release of offenders upon
payment of dues.
Nearly all the prosecutions were for what appear to be relatively insignificant crimes, despite
the dramatic language of the record, and this seems to be generally reflected in the level of
sentence. Many accused were found not guilty, whilst others were found guilty whether they
admitted their wrong-doing or not. Conviction for theft mostly resulted in a whipping in
public, though sometimes a private whipping is specified, and at least one ‘rogue and
vagabond’ received a double whipping. Items allegedly stolen ranged from a parcel of
onions or a dozen eggs to a plough beam or even worked stone set up in readiness for
mending the turnpike at Glaston. The values were usually not great, often 10d.
Assault generally attracted a fine, frequently of a shilling, although one case of
discharging a handgun merited a fine of £5. Usually these fines were paid in court to the
sheriff. The most serious assault seems to have been that by three members of the
Thorpe family who set upon the constable of Uppingham and rescued a sibling from his
custody – and even they were only fined a shilling each. The impression given is that
Uppingham was the most riotous place in the county at this time, but overall the number
of criminal cases seems low.
Other activities attracted punishment: selling under-weight butter; swearing profane
oaths; operating an unlicensed alehouse or gaming house; non-appearance at court; and
failing to respond to the court’s directions. Perhaps the most interesting was the case
involving Solomon Wadd of Langham who in 1771 uttered a false coin purporting to be a
gold quarter guinea (5s 3d): perhaps an unusual coin to falsify since they were only ever
issued on two occasions, in 1717 and 1762. This too resulted in a fine of a shilling. But it
was the taking of a female deer that attracted the highest penalty, of £30.
The remit of the Quarter Sessions was wide. We read of the raising of the county militia,
with details of its establishment; of the requirement for weekly returns of the price of corn;
of proper observation of the Lords’ Day; of complaints of the expense of passing vagrants
along Rutland’s section of the North Road, leading to a contract for so doing; of profiteering
by a cartel of London carriers, which led to the specification of a proper scale of charges for
deliveries to Rutland (including 1s 6d for the carrying of a barrel of oysters); of instructing
the highway surveyors of Langham to undertake repairs to their short but dreadful section
of the king’s highway from Oakham to Ashwell; of regulating the price of bread; of collecting
the rates; and of bastardy orders.
Other matters recorded are the licensing in 1745 of John Hubbard’s house at Ridlington
Park as a Quaker meeting place; limiting the display of stallions in Uppingham market to
one part of the town; the approval of a licence granted by the Earl of Exeter for the
building of a new cottage at Tinwell; the erection of a new building and improvements,
including the use of Pilton slabs for the floor, at Oakham Gaol in 1759, 1770 and 1773. In
1772 we see that Henry Lumley was appointed to succeed his father William as gaoler –
we know that in 1789 Henry met his death in the gaol at the hands of Richard Weldon in
one of the county’s most notorious murder cases (Rutland Record 18 (1998), 344). There
is also reference to the fitting up of a house of correction at Uppingham in 1760, but this
is perhaps the only mention of it.
Finally, we should note that this book also includes information about the enclosure of
five Rutland parishes – indeed between them they occupy a substantial part of the book.
They are Egleton, 1757 (award, pp52-70); Tinwell, 1757 (articles, pp78-89; award, pp 90-
97); Edith Weston, 1758 (articles, pp112-22; award, pp 123-65); Ketton, 1768
(commissioners’ oaths, p274; award, pp275-333); and Uppingham, 1770-71
(commissioners’ oaths, p358; award, pp360-411). These appear to be verbatim copies of
the award documents, and as such are invaluable in confirming the detail of each award,
which may not otherwise survive locally (see Ian Ryder, Common Right and Private
Interest: Rutland’s Common Fields and the Enclosure (2006)). Taking the small parish of
Egleton as an example, amongst the specified detail we learn of the re-siting of a
windmill into a new position in Oakham parish, of a three-acre gravel pit, of the names of
owners including the Hospital of St John & St Anne in Oakham as well as individuals, of
roads and rights of way including their gates, fences and hedges, of tithes, and of field-
names. One item of particular interest is the resolution to straighten or canalise the
rivulet that ran in a ‘crooked and winding course’ between Egleton and Oakham, and that
this took place does indeed appear to be reflected in the Oakham enclosure map of
some eighty years later.
The awards for the other, larger, parishes contain similar information perhaps in even
greater detail. Where the commissioners’ oaths are recorded, we learn that some
nominees declined to serve in that capacity and substitutes had to be found. Following
the Ketton enclosure, the rate assessment was quashed and a new one called for, and
the surveyors of highways for Ketton lost their appeal against charges for the turnpike
roads. The Uppingham award, which only affected part of the parish, included
considerable detail about various exchanges of property. Prior to the Uppingham
enclosure, in 1768, a writ of ad quod damnum was heard, followed by an inquisition into
Robert Hotchkin’s application to enclose two roads in Uppingham town into his property
with the proviso that he provided an alternative route: the application was granted.
This volume is a fascinating record of the working of the Quarter Sessions in Rutland over a
period of some 30 years in the mid-eighteenth century. Much of the business transacted is
administrative, and perhaps surprisingly little is to do with criminality or social justice, even
for a county as small as Rutland. However, for the local historian or genealogist it is a
resource from which the names of individuals at all levels of society can be extracted, and is
full of intriguing detail. Where else, for example, will one find the prosecution of an
unlicensed ‘badger’?
Rutland Local History & Record Society
Copyright © Rutland Local History and Record Society
Registered Charity No 700273
Rutland Quarter Sessions 1743-77
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