Certain formercourts 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 just under 600 years, from the time of theNorman Conquest until 1642,French was the language of the courts, rather thanEnglish[broken anchor]. Until the twentieth century, many legal terms were still expressed inLatin.
The royal court originated within theCuria Regis, which began during thetwelfth and thirteenth centuries during the reign ofHenry Plantagenet. Henry II made writs available for purchase by private individuals seeking justice, thus initiating a vast expansion of writs within thecommon law.[1] The increased demand of judicial maters before theCuria Regis in the twelfth century led to the establishment of two central courts: theCourt of King's Bench and theCourt of Common Pleas. These courts became the superior courts to all other courts in England, including local and tribunal courts such as theHundred Courts andCourt of Piepowders.
The Court of King's Bench heard all complaints and pleas addressed to the King. This court was also known as the Court of Queen's Bench during the reign of a female monarch. Members of this court included the King and his closest advisors. This court always travelled with the King as he travelled throughout England and into other countries.[2] When the Lord Chancellor issued the writ to the court of King's Bench, the original full name of the writ wasquae coram nobis resident or "Let the record remain before us". The words "let the record remain" indicate the court record of the original case remained with the court of King's Bench, unlike a writ of error, where the record moved to a different court. The words "coram nobis" referred to the role of the King who served on the King's Bench. The King's place on the court of King's Bench became increasingly irregular; and by 1421, the King's Bench became a fixed court rather than one that followed the King. Although the King's presence was theoretical, the Lord Chancellor and his office continued to issue writs as if the King continued to as part of this court.[3]
The Court of Common Pleas was authorized byMagna Carta to sit in a central, fixed location.[4] This court heard complaints and pleas that did not require the King's presence.[5] When the Lord Chancellor issued the writ to the court of Common Pleas, the original full name wasquae coram vobis resident, or "Let the record remain before you". These words indicate that the records of the original case remained with the judges of the Court of Common Pleas so that it may review a case it previously decided to determine if an error of fact occurred.[6]
Although the words "Superior Courts of Law at Westminster", in the preamble of theUniformity of Process Act 1832 were, it was conceived by Palmer, sufficient to comprehend the law side of the Court of Chancery orPetty 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 theEvidence 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, theSenior Courts Act 1981 and sections 18(2) and 26(2) of theSupreme 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 atWestminster Hall.[15]
TheHigh Court of Chancery, as a Common Law Court as well as aCourt of Equity, including the jurisdiction of the Master of the Rolls, as a Judge or Master of the Court of Chancery, and any jurisdiction exercised by him in relation to the Court of Chancery as a Common Law Court
By 1909, theCourt of Regard had been obsolete for centuries.Swainmotes were still held, but were mere formalities. NoCourt of Justice Seat had been held since 1662, and it could be regarded as obsolete.[26]
Courts of the county palatine of Chester included theExchequer of Chester, the County Court of Chester and the Pentice Court of the city of Chester.[28]
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.ISBN1852851562.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].
^G. O. Sayles,The Medieval Foundations of England (London 1966) p. 305 and p. 332–333.
^John Hamilton Baker. An Introduction to English Legal History. Third Edition. Butterworths. 1990. Chapter 7.
^John Hamilton Baker. An Introduction to English Legal History. Third Edition. Butterworths. 1990. Chapter 7.
^John Palmer. Supplement to the Attorney and Agent's Table of Costs. Saunders and Benning. London. 1833.Page 57.
^J J S Wharton. "Central Criminal Court". The Law Lexicon. Second Edition. V & R Stevens and G S Norton. London.p 125
^Thomas Edlyne Tomlins and Thomas Colpitts Granger. "Judges". The Law Dictionary. Fourth Edition. London. 1835. Volume 1.p 509.
^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."
^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.
^John Hamilton Baker. An Introduction to English Legal History. Third Edition. Butterworths. 1990. Chapter 44.
^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
^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.
^Owen Hood Phillips. A First Book of English Law. Fourth Edition. Sweet & Maxwell. 1960. Page 58.
^Halsbury's Laws of England, First Edition, 1909, volume 9, p xi
^John Hamilton Baker. An Introduction to English Legal History. Third Edition. Butterworths. 1990. Page 152.
^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.
^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.
^Halsbury's Laws of England, First Edition, 1909, volume 9, paragraphs 290 and 292 at pages 136 to 138
^Halsbury's Laws of England, First Edition, 1909, volume 9, paragraphs 239 to 241 at pages 112 to 114
^Halsbury's Laws of England, First Edition, 1909, volume 9, paragraph 270 and footnotes (t) and (a) at pages 127 and 128. See alsoBacon's Abridgement andActa Cancellariæ.
^John Hamilton Baker. The Oxford History of the Laws of England. Volume 6 (1483-1558). Oxford University Press. 2003. Pages295 and 296.
