Later Central Courts
After the separation of the courts and the King’s Council, the King continued to have jurisdiction though the Council. In judicial matters, the Council advised, adjudicated and administered on the whole range of governmental and judicial matters. It consisted of the King’s principal officers of state, household judges, barons, bishops and other Councillors.
In the late middle ages and under the Tudors, the Council assumed a wide jurisdiction. In particular, it was used by the Tudors to consolidate their absolute power.
The Council dealt with matters outside of common law involving legal relationships with foreign countries and foreign merchants, where the common law courts did not provide adequate amenities, or where the matter is impacted on the King.
The Council exercised jurisdiction by means of a subpoena, derived from a writ ordering the attendance of the defendant. The defendant was not thereby given notice of the charge. The trial was not in accordance with common law procedures. Evidence might be procured be interrogation of the parties. This differed from common law, where witnesses and not litigants gave evidence.
In the middle ages, the Council used criminal procedure which did not involve a jury. After 1352 it lost power to deal with freehold land or impose capital punishment. It retained the right to fine, imprison and mutilate. The activities of the Council were the subject of complaints in particular as it was contrary to the Magna Carta.
The most notorious court was the Court of Star Chamber. Its later equivalent in Ireland (1571) was the Court of Castle Chamber.
The court was recreated in 1487 by King Henry VII and exercised criminal jurisdiction of the King in Council. It was empowered by Act of 1487. It comprised the Lord Chancellor Treasurer, keeper of the seal, a bishop, temporal lord of the Council and two chief justices of the King’s Bench and Common Plea used to call before them persons who had allegedly perpetrated crimes typically in public / political and quasi treasonous crimes for examination and punishment.
The court separated from the Council around 1540. It maintained criminal jurisdiction. It in effect maintained political control over nobles and other magnates. Cavil jurisdiction was added, but this declined as it concentrated on criminal matters. Chamber undertook punishment of offences such as conspiracy and criminal liable.
It dealt with such matters as perjury, breach of proclamation, riots and disturbance. Generally, it sought to control noblemen and gentlemen in parts of the Kingdom who would rebel against the King’s authority. It did not usually try felonies, which carried capital punishment.
Civil cases were brought before Star Chamber. In operation and procedure similar to that for the Court of Chancery heard certain other types of cases including law merchant cases and ecclesiastical matters.
The Star Chamber operated an inquisitorial procedure. Evidence was given on oath and were commenced with a bill. There was no jury. Execution was against the defendant personally. The court had discretion in its order.
The Attorney general filed a complaint or information against the defendant and a bill was addressed to the King for remedy. The court would commence its process by subpoena. The defendant’s answers had to be signed by counsel. The defendant was subject to interrogatories and oath. Witnesses gave evidence on affidavit. The judgment was given by members of the court in ascending effort of importance.
The standard penalty was a heavy fine, whipping, mutilation or imprisonment. Under the Tudors the court became part of the Crown’s efforts to create a strong central government.The Star Chamber was abolished in 1641
The Conciliar courts and Privy Council developed out of the Council under Henry VIII. The Privy Council was a smaller body of advisors, dealing mainly with matters of state. It had executive and judicial functions.
Under the Stuarts, the Council was part of the exercise of the King’s prerogative powers, which ultimately came into conflict with Parliament. Its activities were criticised as subverting fundamental common law principles in the administration of justice.
In 1641 at the context of the deterioration of the relationships between King and Parliament, the “Long Parliament” passed an act to regulate the Privy Council and remove the Star Chamber of Court. It also sought tore move some of the below mentioned courts of the Council. It was enacted that neither his Majesty nor the Privy Council would have any jurisdiction to examine draw into question or determine any dispute relating to lands, good, titles or subjects, and that the same ought to be tried in the ordinary course of justice in the ordinary courts of law.
After 1641, the Council’s functions were limited to the appellate work of the Privy Council. After the restoration in 1660, the Privy Council’s legal jurisdiction was vested in a smaller committee of the Privy Council.
As the overseas territories were acquired, the Privy Council’s role as an appeal court from those them increased. The Privy Council Act 1832 transferred the appellate jurisdiction of Court of Admiralty to the Privy Council. The Privy Council Act 1833 amended by the Judicial Committee Act 1844 established the judicial committee of the Privy Council, which continues to subsist. It hears appeals from courts outside the United Kingdom, ecclesiastical, admiralty, and certain other courts.
The Privy Council itself is a separate entity comprising cabinet members, Lord President, certain ex-cabinet ministers, present and former holders of high judicial and church office.
The Court of Requests grew out of the great Council. It dealt with petitions relative to the poor, members of the King’s household and matters considered insufficiently important for the Court of Chancery. At the end of the 16th century, the common law courts had issued orders of prohibition in cases limiting or denying its jurisdiction.
The court exercised civil jurisdiction of the King and Council and procedure was cheap and swift. However, it trespassed upon the common law matters and ultimately its jurisdictions were denied by the common law courts. The court continued until 1642 and was not revived after the Civil Wars.
Local Councils were established as offshoots of the great Council. The Council of the North, Council of the West, and Council of the Marshes exercised jurisdiction under the prerogative. Their methods were similar to those of the Star Chamber. They had criminal and civil jurisdiction, which was exercised in parallel with the King’s Council and Star Chamber. Their jurisdiction was derived from commissions of the peace and Oyer and Terminer.
The Councils developed differently, some with equitable jurisdiction. The Council of the North covered York, Westmorland, Durham, Cumberland, and Northumberland. It was abolished in 1641.
The Council of Marches covered troubled parts of South and East Wales acting as the chief court in Wales. It acted a chief court controlled the administration of justice in Wales, Gloucester, Hereford and Cheshire. It had civil and criminal jurisdiction and could hear felony and treason. It employed torture as part of its procedure. It was abolished at the beginning of the 18th century.
The Council of the West was short lived, and has jurisdiction over Somerset, Dorset and Davon, dealing principally with riots, sedition and non-conformity. It was established in the reign of Henry VIII.
Counties palatine were counties which had certain sovereign rights, including the right to appoint judges and hold court. The owner of a county palatine had the same privileges as the King in his Palace in justice terms. There was county palatine in Chester, Durham, Lancaster and in Ireland in Tipperary
The King’s writ did not extend into the county, and writs were issued in the name of the county.
The Durham palatine jurisdiction was transferred to the crown in 1836 The Court of Pleas of Durham was transferred to the High Court under Judicature Act. The Durham Chancery continued into the twentieth century
By the nineteenth century, the Durham Chancery Court heard few cases. Nevertheless, it survived the abolition of the palatinate in 1836. Its methods of record-keeping were modernised in the early 1880s. Its antiquated procedure was reformed and brought into line with that of the Chancery Division of the Supreme Court by the Palatinate Court of Durham Act, 1889.
This act signalled a revival of local use of the court, although its neglect to define the geographical area of the court’s competence caused some confusion in the twentieth century. The Chancery Court was still active in 1971, when it was merged in the High Court.
Lancaster was annexed to the Crown in 1461. The Court of Common Pleas Lancaster was abolished under the Judicature act.
Chester reverted to the Crown in the 13thcentury and remained a principality for a period, Its judicial offices were abolished in 1830.