TheCourt of Requests was a minorequity court inEngland and Wales. It was instituted by KingRichard III in his 1484 parliament. It first became a formal tribunal with somePrivy Council elements underHenry VII, hearing cases from the poor and from servants of the King. It quickly became popular for its low cost of bringing a case and rapid processing time, earning the disapproval of the common law judges. Two formal judges, the "Masters of Requests Ordinary", were appointed towards the end ofHenry VIII's reign, with an additional two "Masters of Requests Extraordinary" appointed underElizabeth I to allow two judges to accompany her on her travels around England (Latin:Regiae Majestati a Supplicum Libellis Magister).[1] Two more ordinary masters were appointed underJames I of England, with the increasing volume of cases bringing a wave of complaints as the court's business and backlog grew.
The court became embroiled in a dispute with the common law courts during the late 16th century, who were angry at the amount of business deserting them for the Court of Requests. During the 1590s they went on the offensive, overwriting many decisions made by the Requests and preventing them from imprisoning anyone. It is commonly accepted that this was a death-blow for the court, which, dependent on thePrivy Seal for authority, died when theEnglish Civil War made the seal invalid.
The precise origins of the Court of Requests are unknown.Spence traces it back to the reign ofRichard II,[2]Leadam, rejecting Spence's case, claims there is no official record of the court's existence before 1493,[3]Pollard writes (based on documents discovered after Leadam's work) that it was in existence from at least 1465,[4] while Alexander writes that it first appeared during the reign of theHouse of York,[5] and Kleineke states that it was created in 1485 byRichard III.[6] Whatever its origin, the court was created as part of thePrivy Council, following an order by theLord Privy Seal that complaints and cases brought to the council by the poor should be expedited.[7] This was as part of the Privy Council; it first became an independent tribunal with some Privy Council elements underHenry VII, with jurisdiction mainly over matters ofequity. The court became increasingly popular due to the lack of cost in bringing a case to it and the speed at which it processed them, in contrast with the slow and expensive common law courts, arousing the ire of common law lawyers and judges.[8]
The court originally followed the monarch on his travels around England, visitingSheen,Langley andWoodstock in 1494. UnderThomas Wolsey the court became fixed inWestminster, hearing cases from poor people and from the servants of the king.[9] It met at theWhite Hall of thePalace of Westminster and was often referred to as the Court of White Hall. Towards the end ofHenry VIII's reign, the court assumed a more professional status with the appointment of two "Masters of Requests Ordinary" to serve as its judges, where theLord Privy Seal alone had previously heard and delivered judgements. Two additional "Masters of Requests Extraordinary" were appointed underElizabeth I to accompany her on her progresses around England. UnderJames I two further Ordinary Masters were appointed, but despite this the court was criticised for the backlog arising from its increasing business.[10]
When the court formally became an independent body in the 16th century, free of Privy Council control, it immediately became vulnerable to attack by the common-law courts, which asserted that it had no formal jurisdiction and that theCourt of Chancery was an appropriate equitable body for cases. It was technically true that the court, as it was no longer part of the Privy Council, could not claim jurisdiction based on tradition, but in 1597Sir Julius Caesar (then a Master of Requests Ordinary) gave examples of times when the common law courts had recognised the Court of Requests' jurisdiction as recently as 1585.[11] The common law courts change of heart was undoubtedly due to the large amount of business deserting them for the Court of Requests, and in 1590 they went on the offensive; writs ofhabeas corpus were issued for people imprisoned for contempt of court in the Requests, judgments were issued in cases the Court of Requests were dealing with and it was decided that jailing an individual based on a writ from the Court of Requests constituted false imprisonment.[12] Most academics accept that the court never recovered from these blows, and when theEnglish Civil War made the privy seal inoperative, the court "died a natural death".[13] The post ofMaster of Requests was abolished in 1685.
| City of London Court of Conscience Act 1603 | |
|---|---|
| Act of Parliament | |
 | |
| Long title | An Act for Recovery of Small Debts and relieving of poor Debtors in London. |
| Citation | |
| Territorial extent | England and Wales |
| Dates | |
| Royal assent | 7 July 1604 |
| Commencement | 19 March 1604[c] |
| Repealed | 30 September 1835 |
| Other legislation | |
| Repealed by | City of London Court of Requests Act 1835 |
| Relates to | City of London Court of Conscience Act 1605 |
Status: Repealed | |
| Text of statute as originally enacted | |
| City of London Court of Conscience Act 1605 | |
|---|---|
| Act of Parliament | |
| |
| Long title | An Act for the recovering of small Debts, and for the relieving of poor Debtors in London. |
| Citation | 3 Jas. 1. c. 15 |
| Territorial extent | England and Wales |
| Dates | |
| Royal assent | 27 May 1606 |
| Commencement | 6 January 1606[c] |
| Repealed | 30 September 1835 |
| Other legislation | |
| Amended by | Small Debts (London) Act 1740 |
| Repealed by | City of London Court of Requests Act 1835 |
| Relates to | City of London Court of Conscience Act 1603 |
Status: Repealed | |
| Text of statute as originally enacted | |
| Act of Parliament | |
 | |
| Long title | An Act for amending and consolidating the Acts of Parliament for the Recovery of Small Debts in the City of London and the Liberties thereof, and for enabling the Goods of the Debtors to be taken in Execution. |
|---|---|
| Citation | 5 & 6 Will. 4. c. xciv |
| Territorial extent | United Kingdom |
| Dates | |
| Royal assent | 21 August 1835 |
| Commencement | 30 September 1835[d] |
| Repealed | 2 July 1847 |
| Other legislation | |
| Repeals/revokes | |
| Repealed by | London (City) Small Debts Act 1847 |
Status: Repealed | |
| Text of statute as originally enacted | |
Another court of requests was by act of the Common Council of theCity of London on 1 February 1518. It had jurisdiction over small debts under 40shillings between citizens and tradesmen of the City of London. The judges of the court were twoaldermen and four ancient discreet commoners. It was also called the Court of Conscience in theGuild Hall, where it met. Under James I, acts of Parliament were passed regulating its procedure, theCity of London Court of Conscience Act 1603 (1 Jas. 1. c. 14) and theCity of London Court of Conscience Act 1605 (3 Jas. 1. c. 15). These were the first acts of Parliament that gave validity to a court of requests.[14]
| Norwich Court of Requests Act 1700 | |
|---|---|
| Act of Parliament | |
 | |
| Long title | An Act for erecting a Court of Request, or Conscience, in the City and County of the City of Norwich, for the Recovery of small Debts under Forty Shillings. |
| Citation | 12 & 13 Will. 3. c.7Pr. |
| Territorial extent | England and Wales |
| Dates | |
| Royal assent | 12 June 1701 |
| Commencement | 6 February 1701[c] |
Status: Current legislation | |
| Small Debts, Southwark, etc. Act 1748 | |
|---|---|
| Act of Parliament | |
 | |
| Long title | An Act for the more easy and speedy Recovery of small Debts, within the Town and Borough of Southwark, and the several Parishes of Saint Saviour, Saint Mary at Newington, Saint Mary Magdalen Bermondsey, Christ Church, Saint Mary Lambeth, and Saint Mary at Rotherhith, in the County of Surry, and the several Precincts and Liberties of the same. |
| Citation | 22 Geo. 2. c. 47 |
| Territorial extent | Great Britain |
| Dates | |
| Royal assent | 13 June 1749 |
| Commencement | 29 November 1748[c] |
| Repealed | 28 August 1846 |
| Other legislation | |
| Amended by | Southwark Court of Requests Act 1823 |
| Repealed by | County Courts Act 1846 |
Status: Repealed | |
| Text of statute as originally enacted | |
| Westminster Court of Requests Act 1836 | |
|---|---|
| Act of Parliament | |
| |
| Long title | An Act to repeal Two Acts of the Reign of King George the Second, for the Recovery of Small Debts within the City and Liberty of Westminster, and for granting more effectual Powers for that Purpose. |
| Citation | 6 & 7 Will. 4. c. cxxxvii |
| Territorial extent | United Kingdom |
| Dates | |
| Royal assent | 19 August 1836 |
| Commencement | 19 August 1836[e] |
| Repealed | 28 August 1846 |
| Other legislation | |
| Repeals/revokes | |
| Repealed by | County Courts Act 1846 |
Status: Repealed | |
| Text of statute as originally enacted | |
| Crediton Court of Requests Act 1845 | |
|---|---|
| Act of Parliament | |
 | |
| Citation | 8 & 9 Vict. c. lxxix |
| Other legislation | |
| Repealed by | County Courts Act 1846 |
Status: Repealed | |
In the 18th and early 19th century small claims courts were established in various parts of England called "court of requests". The first of these was founded in Southwark by theSmall Debts, Southwark, etc. Act 1748 (22 Geo. 2. c. 47).[15] They were abolished by theCounty Courts Act 1846 (9 & 10 Vict. c. 95).