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History of the courts of England and Wales

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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.

For nearly 300 years, from the time of the Norman Conquest until 1362, French was the language of the courts, rather than English. Until the twentieth century, many legal terms were still expressed in Latin.

The Senior Courts were formerly known as the Supreme Court of Judicature.

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.[2]

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

Eyres

Main article: Eyre (legal term)

Superior courts at Westminster

Although the words "Superior Courts of Law at Westminster", in the preamble of Lord Tenterden's Act (2 Will 4 c 39),[3] 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 the 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.[4]

Wharton and Granger refer to "the three superior courts at Westminster".[5][6]

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)[7] 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.[8]

The superior courts of law at Westminster had a common jurisdiction over certain actions and proceedings.[9]

The Court of King's Bench, Court of Common Pleas, Court of Exchequer and Court of Chancery sat at Westminster Hall.[10]

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.

Conciliar courts

These included the Court of Star Chamber and the Court of Requests.[12]

Regional conciliar courts

These included the Council in the North Parts and the Council in the Principality and Marches of Wales.[13]

Henry VIII

Courts of criminal jurisdiction

Courts of criminal jurisdiction included:

Central Criminal Court

Main article: Old Bailey

The Central Criminal Court established by the Central Criminal Court Act 1834 was replaced by the Crown Court established by the Courts Act 1971.

Crown courts

The Crown Court of Liverpool and the Crown Court of Manchester established by the Criminal Justice Administration Act 1956[15] were superseded by the (national) Crown Court established by the Courts Act 1971.

Forest courts

Main article: 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.[16]

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.[17]

Ecclesiastical courts

These included the Court of High Commission.[18]

Bankruptcy courts

The Court of Bankruptcy was established under the statute 1 & 2 Will 4 c 56.[19] As to bankruptcy courts, see the Bankruptcy Act 1869.[20]

Palatine courts

Further information: County palatine

Durham and Sadberge

Main article: Courts of the County Palatine of Durham

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.[21]

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

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.[22]

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.

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

Hundred and manorial courts

These included courts leet.

Other courts

References

  • Albert Thomas Carter. A History of English Legal Institutions. 1902. Third Edition. Butterworth. London. 1906. Internet Archive. A History of the English Courts. Fifth Edition. Seventh Edition. Butterworth. 1944. Google Books
  • Alan Harding. The Law Courts of Medieval England. Allen & Unwin. 1973. Google Books
  • Christopher Brooks and Michael Lobban (eds). Communities & Courts in Britain, 1150-1900. The Hambledon Press. London and Rio Grande. 1997. ISBN 1852851562. Google Books.
  • Halsbury's Laws of England. First Edition. 1909. Volume 9. Internet Archive
  • John Hamilton Baker. An Introduction to English Legal History. Third Edition. Butterworths. 1990. Chapters 2, 3 and 6 to 8.
  • S E Thorne. "Notes on Courts of Record in England". Essays in English Legal History. The Hambledon Press. London and Ronceverte. 1985. Chapter 6. p 61.
  • Ralph V Turner. The King and his Courts: The role of John and Henry III in the Administration of Justice, 1199-1240. Cornell University Press. 1968. Google Books: [1] [2].
  1. ^ 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
  2. ^ 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.
  3. ^ The Uniformity of Process Act 1832
  4. ^ John Palmer. Supplement to the Attorney and Agent's Table of Costs. Saunders and Benning. London. 1833. Page 57.
  5. ^ J J S Wharton. "Central Criminal Court". The Law Lexicon. Second Edition. V & R Stevens and G S Norton. London. p 125
  6. ^ Thomas Edlyne Tomlins and Thomas Colpitts Granger. "Judges". The Law Dictionary. Fourth Edition. London. 1835. Volume 1. p 509.
  7. ^ 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."
  8. ^ Archbold Criminal Pleading, Evidence and Practice, 1999, para 10-76 at p 1159.
  9. ^ 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.
  10. ^ John Hamilton Baker. An Introduction to English Legal History. Third Edition. Butterworths. 1990. Chapter 44.
  11. ^ Owen Hood Phillips. A First Book of English Law. Fourth Edition. Sweet & Maxwell. 1960. Page 58.
  12. ^ John Hamilton Baker. An Introduction to English Legal History. Third Edition. Butterworths. 1990. Chapter 7.
  13. ^ John Hamilton Baker. An Introduction to English Legal History. Third Edition. Butterworths. 1990. Chapter 7.
  14. ^ Halsbury's Laws of England, First Edition, 1909, volume 9, p xi
  15. ^ "Crown Courts", Whittaker's Almanac, 1965, volume 97, page 457 Google Books
  16. ^ Halsbury's Laws of England, First Edition, 1909, volume 9, paragraphs 239 to 241 at pages 112 to 114
  17. ^ 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.
  18. ^ John Hamilton Baker. An Introduction to English Legal History. Third Edition. Butterworths. 1990. Page 152.
  19. ^ 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.
  20. ^ 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.
  21. ^ John Hamilton Baker. The Oxford History of the Laws of England. Volume 6 (1483-1558). Oxford University Press. 2003. Pages 295 and 296.
  22. ^ Halsbury's Laws of England, First Edition, 1909, volume 9, paragraphs 290 and 292 at pages 136 to 138
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