Prerogative court

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A prerogative court is a court through which the discretionary powers, privileges, and legal immunities reserved to the sovereign were exercised. In England in the 17th century a clash developed between these courts, representing the crown's authority, and common law courts. Prerogative courts included the Court of the Exchequer, the Court of Chancery, and the Court of the Star Chamber. Their procedures were flexible and not limited by common law procedures. The Star Chamber became a tool of Charles I employed against his enemies, and was abolished by parliament. A parallel system of common law courts was grounded in Magna Carta and property rights; the main common law courts were the Court of the King's Bench and the Court of Common Pleas .

French equivalents[edit]

In France, more commonly known as cour souveraine (literally "Sovereign's court") or cour supérieure from 1661, referred to any prerogative courts of last resort in monarchical France. Among them included the King's Council, the Court of Accounts, the Cour des aides, the Cour des monnaies, and Paris and provincial Parlements.

Canterbury & York[edit]

The term also applied to one of the English provincial courts of Canterbury and York having jurisdiction over the estates of deceased persons. They had jurisdiction to grant probate or administration where the diocesan courts could not entertain the case owing to the deceased having died possessed of goods above a set value in each of two or more dioceses. The jurisdiction of the prerogative courts was transferred to the Court of Probate in 1857 by the Court of Probate Act 1857, and is now vested in the Family Division of the High Court of Justice by the Judicature Act.

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