Prosecutor / Plaintiff

[Megan Roberts]

Am I right in thinking that in the 18th and early 19th centuries the prosecutor was also often the plaintiff?

The National Library of Wales has as part of its on line services a database dealing with crime and punishment. The Crime and Punishment database comprises data about crimes, criminals and punishments included in the gaol files of the Court of Great Sessions in Wales from 1730 until its abolition in 1830.

The case that has prompted my question is:

23 November 1788 - John Morris of the Parish Llawhaden in the County Pembroke, a Cordwainer was accused of breaking and entering prosecutor's house and stealing money. The prosecutor was William Gambold, of Llawhaden, a leathercutter.

[christanel]

Hello Megan
First of all thank you for introducing me to this wonderful resource. It doesn't matter that my ancestors were never in Wales I just love reading what people got up to.

I read quite a few of the cases against various men with the name John Morris and have come to the conclusion that Prosecutor in these cases is the person against whom the crime was committed eg the plaintiff. (1350-1400; Middle English plaintif complaining person)

I found this which seems to support our view that the prosecutor and plaintiff are one and the same.

Making Sense of English Law Enforcement in the 18th Century by David Friedman

"The criminal justice system of England in the 18th century presents a curious spectacle to an observer more familiar with modern institutions. The two most striking anomalies are the institutions for prosecuting offenders and the range of punishments. Prosecution of almost all criminal offenses was private, usually by the victim." Here's the Link

Christina

[Megan Roberts]

I am glad that you like the link, and thanks for your input.

The National Library of Wales provides, in my opinion, one of the best resources for family history, beyond simple BMDs, although you can look at those if you visit there. Talking of which it also has probably the best outlook of any library, as it is perched high on the hill above Aberystwyth with unobstructed views out over the bay.

For those living in Wales they can get access to even more records on line in the comfort of their home.