History of the courts of England and Wales

Last updated

Certain former courts of England and Wales have been abolished or merged into or with other courts, and certain other courts of England and Wales have fallen into disuse.

Contents

For just under 600 years, from the time of the Norman Conquest until 1642, French was the language of the courts, rather than English. Until the twentieth century, many legal terms were still expressed in Latin.

Higher civil court system

Middle Ages

The royal court originated within the Curia Regis, which began during the twelfth and thirteenth centuries during the reign of Henry Plantagenet. Henry II made writs available for purchase by private individuals seeking justice, thus initiating a vast expansion of writs within the common law. [1] The increased demand of judicial maters before the Curia Regis in the twelfth century led to the establishment of two central courts: the Court of King's Bench and the Court of Common Pleas. These courts became the superior courts to all other courts in England, including local and tribunal courts such as the Hundred Courts and Court of Piepowders.

Henry VIII

Conciliar courts

Conciliar courts included the Court of Star Chamber and the Court of Requests. [7]

Regional conciliar courts

These included the Council in the North Parts and the Council in the Principality and Marches of Wales. [8]

Eyres

Superior courts at Westminster

Although the words "Superior Courts of Law at Westminster", in the preamble of the Uniformity of Process Act 1832 were, it was conceived by Palmer, sufficient to comprehend the law side of the Court of Chancery or Petty Bag Office, that Court being undoubtedly one of His Majesty's superior Courts at Westminster, yet it was evident, from section 12, as well as other parts of the statute, that the three courts of King's Bench, Common Pleas, and Exchequer, were those which were alone meant by it. [9]

Wharton and Granger refer to "the three superior courts at Westminster". [10] [11]

Section 2 of the Evidence Act 1845 refers to "any of the equity or common law judges of the superior courts at Westminster". The effect of section 151(5) of, and paragraph 1(1) [12] of Schedule 4 to, the Senior Courts Act 1981 and sections 18(2) and 26(2) of the Supreme Court of Judicature (Consolidation) Act 1925, is that the expression "any of the equity or common law judges of the superior courts at Westminster" must be construed and have effect as a reference to judges of the Court of Appeal and High Court. [13]

The superior courts of law at Westminster had a common jurisdiction over certain actions and proceedings. [14]

The Court of King's Bench, Court of Common Pleas, Court of Exchequer and Court of Chancery sat at Westminster Hall. [15]

Supreme Court of Judicature Act 1873

Transfer of jurisdiction to the High Court

The jurisdiction of the following courts was transferred to the High Court of Justice by section 16 of the Supreme Court of Judicature Act 1873:

The jurisdiction of the London Bankruptcy Court was transferred to the High Court by section 93 of the Bankruptcy Act 1883. [17]

The following courts were merged into the High Court by section 41 of the Courts Act 1971:

Appellate courts

The jurisdictions of the following, amongst others, were transferred to the Court of Appeal:

There was formerly a Court for Crown Cases Reserved. The House of Lords was formerly an appellate court.

Courts of criminal jurisdiction

Courts of criminal jurisdiction included:

Central Criminal Court

The Central Criminal Court established by the Central Criminal Court Act 1834 was replaced by the Crown Court established by the recommendations of Dr. Beeching leading to the Courts Act 1971.

Court of Criminal Appeal

Crown courts

The Crown Court of Liverpool and the Crown Court of Manchester established by the Criminal Justice Administration Act 1956 [20] were superseded by the (national) Crown Court established by the Courts Act 1971.

Ecclesiastical courts

These included the Court of High Commission. [21]

Bankruptcy courts

The Court of Bankruptcy was established under the statute 1 & 2 Will 4 c 56. [22] As to bankruptcy courts, see the Bankruptcy Act 1869. [23]

Lower courts

County courts

Some county courts in Wales have closed since 1846.

Local and borough courts of record

These included Courts of Pie Poudre and Courts of the Staple. [24]

Section 42 of the Courts Act 1971 replaced the Mayor's and City of London Court with a county court of the same name.

Section 43 of that Act abolished:

Section 221 of the Local Government Act 1972 abolished the borough civil courts listed in Schedule 28 to that Act.

Anomalous local courts

Part II of Schedule 4 to the Administration of Justice Act 1977 curtailed the jurisdiction of certain other anomalous local courts:

University courts were limited in jurisdiction to matters relating to the statutes of the university in question:

  • Court of the Chancellor or Vice-Chancellor of Oxford University
  • The Cambridge University Chancellor's Court

The Court of Minstrels in Tutbury, Staffordshire was ordered to close by the Duke of Devonshire in 1778 [25]

Hundred and manorial courts

These included courts leet.

Forest courts

By 1909, the Court of Regard had been obsolete for centuries. Swainmotes were still held, but were mere formalities. No Court of Justice Seat had been held since 1662, and it could be regarded as obsolete. [26]

Courts of the Cinque Ports

The Cinque Ports had a Court of Chancery and a Court of Load Manage for the regulation of pilots until the Cinque Ports Act 1855. [27]

Palatine courts

Durham and Sadberge

The Court of Chancery of the County Palatine of Durham and Sadberge was merged into the High Court by the Courts Act 1971. The Court of Pleas of the County Palatine of Durham and Sadberge was merged into the High Court by the Supreme Court of Judicature Act 1873. The Court of the County of Durham was abolished by section 2 of the Durham (County Palatine) Act 1836.

Lancaster

The Court of Common Pleas of the County Palatine of Lancaster and the Court of Chancery of the County Palatine of Lancaster were merged into the High Court. The Court of Appeal in Chancery of the County Palatine of Lancaster was merged into the Court of Appeal.

Chester

Courts of the county palatine of Chester included the Exchequer of Chester, the County Court of Chester and the Pentice Court of the city of Chester. [28]

The Courts of Session of the County Palatine of Chester and the Principality of Wales were abolished section 14 of by the Law Terms Act 1830.

Stannaries

The Stannaries Court was abolished by the Stannaries Court (Abolition) Act 1896.

Other courts

Related Research Articles

<span class="mw-page-title-main">Equity (law)</span> Set of legal principles supplementing but distinct from the Common Law

In the field of jurisprudence, equity is the particular body of law, developed in the English Court of Chancery, with the general purpose of providing legal remedies for cases wherein the common law is inflexible and cannot fairly resolve the disputed legal matter. Conceptually, equity was part of the historical origins of the system of common law of England, yet is a field of law separate from common law, because equity has its own unique rules and principles, and was administered by courts of equity.

<span class="mw-page-title-main">Writ</span> Formal written order issued by an entity

In common law, a writ is a formal written order issued by a body with administrative or judicial jurisdiction; in modern usage, this body is generally a court. Warrants, prerogative writs, subpoenas, and certiorari are common types of writs, but many forms exist and have existed.

<span class="mw-page-title-main">Court of Chancery</span> Court of equity in England and Wales (c. 1350–1875)

The Court of Chancery was a court of equity in England and Wales that followed a set of loose rules to avoid a slow pace of change and possible harshness of the common law. The Chancery had jurisdiction over all matters of equity, including trusts, land law, the estates of lunatics and the guardianship of infants.

The Courts of England and Wales, supported administratively by His Majesty's Courts and Tribunals Service, are the civil and criminal courts responsible for the administration of justice in England and Wales.

<span class="mw-page-title-main">Judicature Acts</span> UK laws restructuring the English-Welsh court system (1873–1899)

In the history of the courts of England and Wales, the Judicature Acts were a series of acts of Parliament, beginning in the 1870s, which aimed to fuse the hitherto split system of courts of England and Wales. The first two acts were the Supreme Court of Judicature Act 1873 and the Supreme Court of Judicature Act 1875, with a further series of amending acts.

<span class="mw-page-title-main">Exchequer of Pleas</span> English-Welsh court for common and equity law (1190s–1880)

The Exchequer of Pleas, or Court of Exchequer, was a court that dealt with matters of equity, a set of legal principles based on natural law and common law in England and Wales. Originally part of the curia regis, or King's Council, the Exchequer of Pleas split from the curia in the 1190s to sit as an independent central court. The Court of Chancery's reputation for tardiness and expense resulted in much of its business transferring to the Exchequer. The Exchequer and Chancery, with similar jurisdictions, drew closer together over the years until an argument was made during the 19th century that having two seemingly identical courts was unnecessary. As a result, the Exchequer lost its equity jurisdiction. With the Judicature Acts, the Exchequer was formally dissolved as a judicial body by an Order in Council on 16 December 1880.

<span class="mw-page-title-main">Serjeant-at-law</span> Member of an order of barristers at the English and Irish bar

A Serjeant-at-Law (SL), commonly known simply as a Serjeant, was a member of an order of barristers at the English and Irish Bar. The position of Serjeant-at-Law, or Sergeant-Counter, was centuries old; there are writs dating to 1300 which identify them as descended from figures in France before the Norman Conquest, thus the Serjeants are said to be the oldest formally created order in England. The order rose during the 16th century as a small, elite group of lawyers who took much of the work in the central common law courts.

<span class="mw-page-title-main">Court of Common Pleas (England)</span> English court for disputes between commoners (c. 1200 – 1880)

The Court of Common Pleas, or Common Bench, was a common law court in the English legal system that covered "common pleas"; actions between subject and subject, which did not concern the king. Created in the late 12th to early 13th century after splitting from the Exchequer of Pleas, the Common Pleas served as one of the central English courts for around 600 years. Authorised by Magna Carta to sit in a fixed location, the Common Pleas sat in Westminster Hall for its entire existence, joined by the Exchequer of Pleas and Court of King's Bench.

<span class="mw-page-title-main">Bill of Middlesex</span> English legal fiction used by the Court of Kings Bench until 1832

The Bill of Middlesex was a legal fiction used by the Court of King's Bench to gain jurisdiction over cases traditionally in the remit of the Court of Common Pleas. Hinging on the King's Bench's remaining criminal jurisdiction over the county of Middlesex, the Bill allowed it to take cases traditionally in the remit of other common law courts by claiming that the defendant had committed trespass in Middlesex. Once the defendant was in custody, the trespass complaint would be quietly dropped and other complaints would be substituted.

<span class="mw-page-title-main">Court of King's Bench (England)</span> English common law court (c. 1200–1873)

The Court of King's Bench, formally known as The Court of the King Before the King Himself, was a court of common law in the English legal system. Created in the late 12th to early 13th century from the curia regis, the King's Bench initially followed the monarch on his travels. The King's Bench finally joined the Court of Common Pleas and Exchequer of Pleas in Westminster Hall in 1318, making its last travels in 1421. The King's Bench was merged into the High Court of Justice by the Supreme Court of Judicature Act 1873, after which point the King's Bench was a division within the High Court. The King's Bench was staffed by one Chief Justice and usually three Puisne Justices.

The Court of Chancery of the County Palatine of Lancaster was a court of chancery that exercised jurisdiction within the County Palatine of Lancaster until it was merged with the High Court and abolished in 1972.

<span class="mw-page-title-main">Assizes</span> Periodic courts held around England and Wales until replaced by the Crown Court in 1972

The assizes, or courts of assize, 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, most notably those subject to capital punishment or, later, life imprisonment. Other serious cases were dealt with by the quarter sessions, while the more minor offences were dealt with summarily by justices of the peace in petty sessions.

<span class="mw-page-title-main">High Court of Justice</span> One of the Senior Courts of England and Wales

The High Court of Justice in London, known properly as His Majesty's High Court of Justice in England, together with the Court of Appeal and the Crown Court, are the Senior Courts of England and Wales. Its name is abbreviated as EWHC for legal citation purposes.

The Court of Chancery of the County Palatine of Durham and Sadberge was a court of chancery that exercised jurisdiction within the County Palatine of Durham until it was merged into the High Court in 1972.

The High Court of Justice in Ireland was the court created by the Supreme Court of Judicature Act (Ireland) 1877 to replace the existing court structure in Ireland. Its creation mirrored the reform of the courts of England and Wales five years earlier under the Judicature Acts. The Act created a Supreme Court of Judicature, consisting of a High Court of Justice and a Court of Appeal.

The Court of Pleas of the County Palatine of Durham and Sadberge, sometimes called the Court of Pleas or Common Pleas of or at Durham was a court of common pleas that exercised jurisdiction within the County Palatine of Durham until its jurisdiction was transferred to the High Court by the Supreme Court of Judicature Act 1873. Before the transfer of its jurisdiction, this tribunal was next in importance to the Chancery of Durham. The Court of Pleas probably developed from the free court of the Bishop of Durham. The Court of Pleas was clearly visible as a distinct court, separate from the Chancery, in the thirteenth century.

The Court of Common Pleas of the County Palatine of Lancaster, sometimes called the Common Pleas of or at Lancaster was a court of common pleas that exercised jurisdiction within the County Palatine of Lancaster until its jurisdiction was transferred to the High Court by the Supreme Court of Judicature Act 1873. It was a Superior Court of Record, exercising, within the limits of the County Palatine, a jurisdiction similar to that of the superior courts of common law at Westminster.

<span class="mw-page-title-main">Courts of Ontario</span> System of courts in Ontario, Canada

Courts of Ontario, Canada, date from the early to mid-17th century. French civil law courts were created in the 17th century in its colony of Canada, one of New France. British common law courts were established in 1764 in the ceded colony then known as the Province of Quebec.

<span class="mw-page-title-main">King's Bench Division</span> Division of the English High Court of Justice

The King's Bench Division of the High Court of Justice deals with a wide range of common law cases and has supervisory responsibility over certain lower courts.

<span class="mw-page-title-main">Government in late medieval England</span> Government of late medieval England

The government of the Kingdom of England in the Middle Ages was a monarchy based on the principles of feudalism. The king possessed ultimate executive, legislative, and judicial power. However, some limits to the king's authority had been imposed by the 13th century. Magna Carta established the principle that taxes could not be levied without common consent, and Parliament was able to assert its power over taxation throughout this period.

References

  1. ↑ G. O. Sayles, The Medieval Foundations of England (London 1966) p. 305 and p. 332–333.
  2. ↑ Wiener, Frederick Bernays. Tracing the Origins of the Court of King's Bench ABAJ 59 (1973): 753–754.
  3. ↑ Baker, J. H. An Introduction to English Legal History. (2002). Butterworths LexisNexis. p. 39.
  4. ↑ Chisholm, Hugh, ed. (1911). "Common Pleas, Court of"  . Encyclopædia Britannica . Vol. 6 (11th ed.). Cambridge University Press. p. 779.
  5. ↑ Turner, R. (1977). The Origins of Common Pleas and King's Bench. The American Journal of Legal History, 21(3), 245.
  6. ↑ Prickett, Morgan. The Writ of Error Coram Nobis in California. (1990). Santa Clara L. Rev. 30: 1–48.
  7. ↑ John Hamilton Baker. An Introduction to English Legal History. Third Edition. Butterworths. 1990. Chapter 7.
  8. ↑ John Hamilton Baker. An Introduction to English Legal History. Third Edition. Butterworths. 1990. Chapter 7.
  9. ↑ John Palmer. Supplement to the Attorney and Agent's Table of Costs. Saunders and Benning. London. 1833. Page 57.
  10. ↑ J J S Wharton. "Central Criminal Court". The Law Lexicon. Second Edition. V & R Stevens and G S Norton. London. p 125
  11. ↑ Thomas Edlyne Tomlins and Thomas Colpitts Granger. "Judges". The Law Dictionary. Fourth Edition. London. 1835. Volume 1. p 509.
  12. ↑ Paragraph 1 of Schedule 4 to Senior Courts Act 1981 reads: "So much of any enactment as refers or relates to any former court or judge whose jurisdiction is vested in the Court of Appeal or the High Court shall be construed and have effect as if any reference to that court or judge were a reference to the Court of Appeal or the High Court, as the case may be."
  13. ↑ Archbold Criminal Pleading, Evidence and Practice, 1999, para 10-76 at p 1159.
  14. ↑ Robert Lush. The Practice of the Superior Courts of Law at Westminster. C Reader. London. 1840. Part 1. Joseph Dixon (ed). Lush's Practice of the Superior Courts of Law at Westminster, in Actions and Proceedings over which they have a Common Jurisdiction. Third Edition. Butterworths. London. 1865. Volume 2.
  15. ↑ John Hamilton Baker. An Introduction to English Legal History. Third Edition. Butterworths. 1990. Chapter 44.
  16. ↑ William Downes Griffith and Richard Loveland Loveland. The Supreme Court of Judicature Acts, 1873, 1875, & 1877. Second Edition. Stevens and Haynes. Bell Yard, Temple Bar, London. 1877. p 12
  17. ↑ Charles Francis Morrell. A Concise Statement of the Bankruptcy Act, 1883. Henry Sweet. 1884. p 117. Google Books. Francis Roxburgh. The Law and Practice Under the Bankruptcy Act & Rules, 1883, the Rule and Orders, 1884, and Board of Trade Orders. Knight. 1884. p 122. Google Books. Edward William Hansell. The Law and Practice in Bankruptcy. Stevens and Haynes. 1898. p 2. Google Books.
  18. ↑ Owen Hood Phillips. A First Book of English Law. Fourth Edition. Sweet & Maxwell. 1960. Page 58.
  19. ↑ Halsbury's Laws of England, First Edition, 1909, volume 9, p xi
  20. ↑ "Crown Courts", Whittaker's Almanac, 1965, volume 97, page 457 Google Books
  21. ↑ John Hamilton Baker. An Introduction to English Legal History. Third Edition. Butterworths. 1990. Page 152.
  22. ↑ John Flather (ed). "Court of Bankruptcy". The Law and Practice in Bankruptcy, as Founded on the Recent Statutes. (By John Frederick Archbold). Eighth Edition. S Sweet, and V & R Stevens & G S Norton. London. 1840. Page 7.
  23. ↑ Thomas Turner Weightman. The New Bankruptcy Act, 1869. George Routledge and Sons. London and New York. p 12. Henry Campbell Black. "Bankruptcy Courts". A Dictionary of Law. Reprinted by the Lawbook Exchange Ltd, 1991. p 119.
  24. ↑ Halsbury's Laws of England, First Edition, 1909, volume 9, paragraphs 290 and 292 at pages 136 to 138
  25. ↑ Price, MA (October 1964). The Status and Function of Minstrels in England Between 1350 and 1400 (PDF) (Master of Arts). University of Birmingham. p. 134.
  26. ↑ Halsbury's Laws of England, First Edition, 1909, volume 9, paragraphs 239 to 241 at pages 112 to 114
  27. ↑ Halsbury's Laws of England, First Edition, 1909, volume 9, paragraph 270 and footnotes (t) and (a) at pages 127 and 128. See also Bacon's Abridgement and Acta Cancellariæ.
  28. ↑ John Hamilton Baker. The Oxford History of the Laws of England. Volume 6 (1483-1558). Oxford University Press. 2003. Pages 295 and 296.
This page is based on this Wikipedia article
Text is available under the CC BY-SA 4.0 license; additional terms may apply.
Images, videos and audio are available under their respective licenses.