Trailbaston (traillebastone, traillebastoun, traylebastoun) was a special type of itinerant judicial commission first created during the reign of Edward I of England and used many times thereafter during the reigns of Edward II and Edward III, primarily to punish felonies and trespass at the king's suit.
Edward I, also known as Edward Longshanks and the Hammer of the Scots, was King of England from 1272 to 1307. Before his accession to the throne, he was commonly referred to as The Lord Edward. The first son of Henry III, Edward was involved early in the political intrigues of his father's reign, which included an outright rebellion by the English barons. In 1259, he briefly sided with a baronial reform movement, supporting the Provisions of Oxford. After reconciliation with his father, however, he remained loyal throughout the subsequent armed conflict, known as the Second Barons' War. After the Battle of Lewes, Edward was hostage to the rebellious barons, but escaped after a few months and joined the fight against Simon de Montfort. Montfort was defeated at the Battle of Evesham in 1265, and within two years the rebellion was extinguished. With England pacified, Edward joined the Ninth Crusade to the Holy Land. The crusade accomplished little, and Edward was on his way home in 1272 when he was informed that his father had died. Making a slow return, he reached England in 1274 and was crowned at Westminster Abbey on 19 August.
Edward II, also called Edward of Carnarvon, was King of England from 1307 until he was deposed in January 1327. The fourth son of Edward I, Edward became the heir apparent to the throne following the death of his elder brother Alphonso. Beginning in 1300, Edward accompanied his father on campaigns to pacify Scotland, and in 1306 was knighted in a grand ceremony at Westminster Abbey. Following his father's death, Edward succeeded to the throne in 1307. He married Isabella of France, the daughter of the powerful King Philip IV, in 1308, as part of a long-running effort to resolve tensions between the English and French crowns.
Edward III was King of England and Lord of Ireland from January 1327 until his death; he is noted for his military success and for restoring royal authority after the disastrous and unorthodox reign of his father, Edward II. Edward III transformed the Kingdom of England into one of the most formidable military powers in Europe. His long reign of 50 years was the second longest in medieval England and saw vital developments in legislation and government, in particular the evolution of the English parliament, as well as the ravages of the Black Death.
The first trailbaston commissions date back to 1305, when Edward I directed several teams of justices to visit each English county and seek presentments for felonies (homicide, theft, arson, and rape) and certain trespasses (premeditated assault, extortion, and violent disseisin). Edward I added conspiracy to the list of presentments in late 1305. In 1307 Edward I issued a revamped trailbaston commission that directed the justices to try assizes and deliver all prisoners in the counties they visited, not just those charged in previous trailbaston sessions. The 1307 trailbaston commission also directed justices to audit local compliance with the Statute of Winchester and to investigate local efforts to arrest felons.
The Statute of Winchester of 1285, also known as the Statute of Winton, was a statute enacted by King Edward I of England that reformed the system of Watch and Ward (watchmen) of the Assize of Arms of 1252, and revived the jurisdiction of the local courts. It received royal assent on 8 October 1285.
The declared intention of the trailbaston commissions was to combat increasing levels of violence and public disorder, but an added bonus for the crown was the revenues brought by forfeiture, which was the punishment for conspiracy.
Asset forfeiture or asset seizure is a form of confiscation of assets by the state. In the United States, it is a type of criminal justice financial obligation. It typically applies to the alleged proceeds or instruments of crime. This applies, but is not limited, to terrorist activities, drug related crimes, and other criminal and even civil offenses. Some jurisdictions specifically use the term "confiscation" instead of forfeiture. The alleged purpose of asset forfeiture is to disrupt criminal activity by confiscating assets that potentially could have been beneficial to the individual or organization.
