The Black Assize is a name given to multiple deaths in the city of Oxford in England between 6 July and 12 August 1577. At least 300 people, including the chief baron and sheriff, are thought to have died as a result of this event. It received its name because it was believed to have been associated with a trial at the Assize Court at Oxford Castle.
Reports vary as to the total number of deaths that occurred in the "Black Assize". The casualties in Oxford itself are consistently recorded as approximately 300, but some reports say that further deaths occurred outside the city. One report records:
'There died in Oxford 300 persons, and sickened there, but died in other places, 200 and odd, from the 6th of July to the 12th of August, after which day died not one of that sickness, for one of them infected not another, nor any one woman or child died thereof.' [1]
This reported lack of deaths among women and children led to speculation about the causes of the casualties.
On the wall inside the Main Hall of the Old County Hall of Oxfordshire in New Road, an inscription reads:
Near this spot stood the ancient Shire Hall, unhappily famous in history as the scene in July 1577 of the Black Assize, when a malignant disease known as Gaol Fever caused the death within forty days of the Lord Chief Baron of the Exchequer, Sir Robert Bell, the Lord High Sheriff (Sir Robert D'Oyly of Merton) and about three hundred more.
The malady from the stench of the Prisoners developed itself during the Trial of one Rowland Jenkes, a saucy foul-mouthed Bookseller, for scandalous words uttered against the Queen.
Anno 1875. JMD pie posuit. (Year 1875. JMD piously erected [this monument].)
From the time of the Black Death in the mid-14th century until the second half of the 19th century, Oxford was regularly visited by plague, cholera, smallpox and typhoid fevers. In 1348, the Black Death reduced the city's population to such an extent that Gloucester College (from which Gloucester Green derives its name) was forced to close. In 1571, Oxford University had to postpone the start of term because of an outbreak of plague, and the 'gaol fever' six years later may have been part of the same epidemic, being considered more worthy of note because its victims included the Lord Chief Baron and the Lord High Sheriff.
This account of disease is reflected in a number of sources.
An early Chronicle records:
'The Court were surprised with a pestilent savour, whether arising from the noisome smell of the prisoners, or from the damp of the ground, is uncertain; but all that were present, within forty hours died, except the prisoners, and the women and children; and the contagion went no farther.' [2]
A 19th-century account is more sure of the cause:
'The assize held at Oxford in the year 1577, called the "Black Assize," was a dreadful instance of the deadly effects of the jail fever. The judges, jury, witnesses, nay, in fact every person, except the prisoners, women and children, in court were killed by a foul air, which at first was thought to have arisen out of the bowels of the earth; but that great philosopher, Lord Bacon, proved it to have come from the prisoners taken out of a noisome jail and brought into court to take their trials; and they alone, inhaling foul air, were not injured by it.' [3]
Other accounts reject the notion of disease as a cause:
"it could not be a prison infection; for that would have manifested itself by smell, or operating sooner. But to take away all scruple, and to assign the true cause, it was thus: It fortuned that a manuscript fell into my hands, collected by an ancient gentleman of York, who was a great observer and gatherer of strange things and facts, who lived about the time of this accident happening at Oxford, wherein it is related thus: 'That Rowland Jenkes, being imprisoned for treasonable words, spoken against the queen, and being a popish recusant, had, notwithstanding, during the time of his restraint, liberty some time to walk abroad with a keeper; and that one day he came to an apothecary, and showed him a receipt which he desired him to make up; but the apothecary, upon view of it, told him, that it was a strong and dangerous receipt, and required some time to prepare it; but also asked him to what use he would apply it. He answered, to kill the rats, that, since his imprisonment, spoiled his books; so being satisfied, he promised to make it ready. After a certain time he cometh to know if it were ready; but the apothecary said, the ingredients were so hard to procure, that he had not done it, and so gave him the receipt again, of which he had taken a copy, which mine author had there precisely written down, but did seem so horribly poisonous, that I cut it forth, lest it might fall into the hands of wicked persons. But after, it seems, he had it prepared, and, against the day of his trial, had made a wick of it (for so is the word, that is, so fitted, that like a candle it might be fired) which, as soon as ever he was condemned, he lighted, having provided himself a tinder-box, and steel to strike fire. And whosoever should know the ingredients of that wick, or candle, and the manner of the composition, will easily be persuaded of the virulency and venomous effect of it.'" [1]
Further accounts merely attribute the deaths to a curse supposedly uttered by Rowland Jenkes.[ citation needed ]
The Black Assizes has featured as a display at Oxford Castle and is a regular feature of Oxford ghost tours, where the story of Rowland Jenkes' curse is given prominence.[ citation needed ]
The events of this time are part of the backdrop to the historical crime novel Heresy by S. J. Parris in which Rowland Jenkes appears as a character.
Epidemic typhus, also known as louse-borne typhus, is a form of typhus so named because the disease often causes epidemics following wars and natural disasters where civil life is disrupted. Epidemic typhus is spread to people through contact with infected body lice, in contrast to endemic typhus which is usually transmitted by fleas.
Newgate Prison was a prison at the corner of Newgate Street and Old Bailey Street just inside the City of London, England, originally at the site of Newgate, a gate in the Roman London Wall. Built in the 12th century and demolished in 1904, the prison was extended and rebuilt many times, and remained in use for over 700 years, from 1188 to 1902.
Lancaster Castle is a medieval castle in Lancaster in the English county of Lancashire. Its early history is unclear, but may have been founded in the 11th century on the site of a Roman fort overlooking a crossing of the River Lune. In 1164, the Honour of Lancaster, including the castle, came under royal control. In 1322 and 1389 the Scots invaded England, progressing as far as Lancaster and damaging the castle. It was not to see military action again until the English Civil War. The castle was first used as a prison in 1196 although this aspect became more important during the English Civil War. The castle buildings are owned by the British sovereign as Duke of Lancaster, which leases part of the structure to Lancashire County Council who operate a Crown Court in part of the building.
George Jeffreys, 1st Baron Jeffreys, PC, also known as "the Hanging Judge", was a Welsh judge. He became notable during the reign of King James II, rising to the position of Lord Chancellor. His conduct as a judge was to enforce royal policy, resulting in an historical reputation for severity and bias.
The Central Criminal Court of England and Wales, commonly referred to as the Old Bailey after the street on which it stands, is a criminal court building in central London, one of several that house the Crown Court of England and Wales. The street outside follows the route of the ancient wall around the City of London, which was part of the fortification's bailey, hence the metonymic name.
The Bloody Assizes were a series of trials started at Winchester on 25 August 1685 in the aftermath of the Battle of Sedgemoor, which ended the Monmouth Rebellion in England.
Pleading the belly was a process available at English common law, which permitted a woman in the later stages of pregnancy to receive a reprieve of her death sentence until after she bore her child. The plea was available at least as early as 1387 and was eventually rendered obsolete by the Sentence of Death Act 1931, which stated that an expecting mother would automatically have her death sentence commuted to life imprisonment with hard labour.
William Bedloe was an English fraudster and Popish Plot informer.
Sir Robert Bell SL of Beaupre Hall, Norfolk, was a Speaker of the House of Commons (1572–1576), who served during the reign of Queen Elizabeth I.
Poultry Compter was a small prison that stood at Poultry, part of Cheapside in the City of London. The compter was used to lock up minor criminals and prisoners convicted under civil law and was run by the City's Sheriff. It operated from the 16th century until 1815. It was pulled down in 1817 and replaced with a chapel.
Sir Robert Thorpe KS JP was a British justice. He was the son of another Sir Robert Thorpe, and is occasionally confused with another Robert Thorpe who was second master of Pembroke College, Cambridge at around the same time. The Thorpe family produced many prominent lawyers, including William de Thorpe, Chief Justice of the King's Bench, who may have been influential in guiding Robert towards a judicial career. In 1339 he was made a Serjeant-at-law, and between 1345 and 1356 served as a King's Serjeant. He served as a Justice of the Peace in Cambridgeshire, Huntingdonshire, Norfolk, Suffolk, Bedfordshire and Buckinghamshire, and was also involved in Assize, Gaol delivery and Oyer and terminer. On 27 June 1356 he was appointed as Chief Justice of the Common Pleas and knighted, and on 1 October he was awarded a grant of £40 to support his new position. He was a member of the councils of both the Black Prince and John of Gaunt, and was appointed a Trier of Petitions at every Parliament between 1362 and 1371.
Typhus, also known as typhus fever, is a group of infectious diseases that include epidemic typhus, scrub typhus, and murine typhus. Common symptoms include fever, headache, and a rash. Typically these begin one to two weeks after exposure.
The courts of assize, or assizes, were periodic courts held around England and Wales until 1972, when together with the quarter sessions they were abolished by the Courts Act 1971 and replaced by a single permanent Crown Court. The assizes exercised both civil and criminal jurisdiction, though most of their work was on the criminal side. The assizes heard the most serious cases, which were committed to it by the quarter sessions, while the more minor offences were dealt with summarily by justices of the peace in petty sessions.
Sir William Yorke, 1st Baronet PC was an English-born politician and judge in eighteenth century Ireland, who held office as Chief Justice of the Irish Common Pleas and as Chancellor of the Exchequer of Ireland. His last years were plagued by ill health: he suffered agonies from kidney stones, and his death was caused by an accidental drug overdose, which he took in an effort to relieve the chronic pain.
John Clench, was an English judge.
Nicholas Barham was an English lawyer and Member of Parliament.
Robert Carey, lord of the manor of Clovelly in North Devon, was Member of Parliament for Barnstaple, Devon, in October 1553 and served as Sheriff of Devon in 1555–56. He served as Recorder of Barnstaple after 1560. Along with several other members of the Devonshire gentry then serving as magistrates he died of gaol fever at the Black Assize of Exeter 1587. His large monument survives in Clovelly Church.
Sir Arthur Bassett (1541–1586) was a member of the prominent west-country Basset family and was MP for Barnstaple in 1563 and Devon in 1572. He served as JP for Devon from 1569 to his death and as Sheriff of Devon in 1574–5. He was knighted in 1575. He had been appointed deputy warden of Stannaries by 1580.
Sir Rowland Hayward was a London merchant, and Lord Mayor of the City in both 1570 and 1591. Through his commercial activities he acquired considerable wealth, and was able to loan money to Queen Elizabeth I and purchase properties in several counties as well as houses in and near London. He entertained the Queen at King's Place in 1587.
The Black Assizes is an epithet given to several outbreaks of "gaol fever" which struck various prisons and court-houses in England in the late 16th century and which caused the deaths of not only many prisoners awaiting trial but also the magistrates in the court buildings holding assizes.