{"id":74,"date":"2021-04-02T22:44:47","date_gmt":"2021-04-02T22:44:47","guid":{"rendered":"http:\/\/legalblog.ie\/?p=74"},"modified":"2021-04-03T11:54:08","modified_gmt":"2021-04-03T11:54:08","slug":"courts-2","status":"publish","type":"post","link":"https:\/\/legalblog.ie\/courts-2\/","title":{"rendered":"Courts"},"content":{"rendered":"<p>&nbsp;<\/p>\n<div id=\"ez-toc-container\" class=\"ez-toc-v2_0_63 counter-hierarchy ez-toc-counter ez-toc-grey ez-toc-container-direction\">\n<div class=\"ez-toc-title-container\">\n<p class=\"ez-toc-title \" >Table of Contents<\/p>\n<span class=\"ez-toc-title-toggle\"><a href=\"#\" class=\"ez-toc-pull-right ez-toc-btn ez-toc-btn-xs ez-toc-btn-default ez-toc-toggle\" aria-label=\"Toggle Table of Content\"><span class=\"ez-toc-js-icon-con\"><span class=\"\"><span class=\"eztoc-hide\" style=\"display:none;\">Toggle<\/span><span class=\"ez-toc-icon-toggle-span\"><svg style=\"fill: #999;color:#999\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" class=\"list-377408\" width=\"20px\" height=\"20px\" viewBox=\"0 0 24 24\" fill=\"none\"><path d=\"M6 6H4v2h2V6zm14 0H8v2h12V6zM4 11h2v2H4v-2zm16 0H8v2h12v-2zM4 16h2v2H4v-2zm16 0H8v2h12v-2z\" fill=\"currentColor\"><\/path><\/svg><svg style=\"fill: #999;color:#999\" class=\"arrow-unsorted-368013\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" width=\"10px\" height=\"10px\" viewBox=\"0 0 24 24\" version=\"1.2\" baseProfile=\"tiny\"><path d=\"M18.2 9.3l-6.2-6.3-6.2 6.3c-.2.2-.3.4-.3.7s.1.5.3.7c.2.2.4.3.7.3h11c.3 0 .5-.1.7-.3.2-.2.3-.5.3-.7s-.1-.5-.3-.7zM5.8 14.7l6.2 6.3 6.2-6.3c.2-.2.3-.5.3-.7s-.1-.5-.3-.7c-.2-.2-.4-.3-.7-.3h-11c-.3 0-.5.1-.7.3-.2.2-.3.5-.3.7s.1.5.3.7z\"\/><\/svg><\/span><\/span><\/span><\/a><\/span><\/div>\n<nav><ul class='ez-toc-list ez-toc-list-level-1 ' ><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-1\" href=\"https:\/\/legalblog.ie\/courts-2\/#Justiciars_Courts\" title=\"Justiciar&#8217;s Courts\">Justiciar&#8217;s Courts<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-2\" href=\"https:\/\/legalblog.ie\/courts-2\/#Development_of_Professional_Courts\" title=\"Development of Professional Courts\">Development of Professional Courts<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-3\" href=\"https:\/\/legalblog.ie\/courts-2\/#Kings_Bench\" title=\"Kings Bench\">Kings Bench<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-4\" href=\"https:\/\/legalblog.ie\/courts-2\/#Exchequer\" title=\"Exchequer\">Exchequer<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-5\" href=\"https:\/\/legalblog.ie\/courts-2\/#Chancery\" title=\"Chancery\">Chancery<\/a><\/li><\/ul><\/nav><\/div>\n<h3><span class=\"ez-toc-section\" id=\"Justiciars_Courts\"><\/span>Justiciar&#8217;s Courts<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The Justiciar and council exercised judicial functions. Over time, a specialised judiciary developed, and most judicial business became a matter for the courts of justice.\u00a0 There remained a number of cases still dealt with by the Justiciar and council. \u00a0These concerned particularly, \u00a0quarrels between magnates.<\/p>\n<p>Cases, where the common law provided no remedy, were attracted towards the Justiciar, although laterally, they moved towards the chancery.\u00a0 They were formally brought to the council by petition.<\/p>\n<p>The Justiciar&#8217;s court later developed into the equivalent to the English King\u2019s bench. The chief governor journeyed through the country for a considerable period attended by the council. Justices acting under various commissions held sessions.<\/p>\n<p>Justice was done locally by persons working under limited commission.\u00a0 There appears to have been commissions of gaol delivery, commissions of assize, sometimes held by professional judges either alone or in association with others, and sometimes by nonprofessional judges. <span style=\"font-family: inherit; font-style: inherit; font-weight: inherit;\">Circuits of justices of assize appear to have been organised as in England.<\/span><\/p>\n<p>The exchequer was fixed, but its officials were sent out to do exchequer business and collect taxes and King\u2019s debta.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Development_of_Professional_Courts\"><\/span>Development of Professional Courts<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>By the middle of the 13th century, a permanent bench was established in Dublin together with the itinerant courts.\u00a0By the end of the 13th century, there was a chief justice and several lower ranking judges. The judges presiding at that court, \u00a0in the latter part of the 13th century also acted as itinerant justices.<\/p>\n<p>The bulk \u00a0of their business dealt with the standard common law writs.\u00a0 The majority of pleas related to land \u00a0dowry and minors. \u00a0A lesser number \u00a0concerned trespasses, appeals, debts and moveable goods.<\/p>\n<p>As in England, liberties were granted in which the crown had more limited jurisdiction, reserving only certain key important pleas or causes of action\/ crimes.\u00a0 Other pleas or claims were reserved to the liberty court.\u00a0 With the fragmentation of crown control in the later 13th and 14th century, the liberties extended.<\/p>\n<p>&nbsp;<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Kings_Bench\"><\/span>Kings Bench<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The Dublin&#8217;s King Bench corresponded with the Kings&#8217; Bench in London.\u00a0 The bulk of King&#8217;s bench business concerned real actions which apart from assizes were not within the scope of the justiciar&#8217;s court. The King&#8217;s bench also dealt with contractual or semi-contractual issues of debt, detinue, and covenant.\u00a0 A certain rivalry with the exchequer also exists in these areas.<\/p>\n<p>The court had jurisdiction to reviews of errors of lower courts. Actions and writs could be taken to challenge the verdict of an assize before justices. There was overlap with the jurisdiction of the justiciar&#8217;s court. An assize might be \u00a0transferred from the justiciar&#8217;s court if it could not be concluded within the county, as an alternative to adjourning it \u00a0the justiciar&#8217;s next court,<\/p>\n<p>In some cases, the justiciar himself came to the bench in relation to the difficult matters.\u00a0 Generally, however, the chief justices of the bench presided.\u00a0 There was a chief justice and two or more puisne judges.<\/p>\n<p>By the late 13th century, the first examples of Irish case preceding by appeal to the English courts are found. Some of the cases took place by bypassing the Irish court and by the late 13th century, there were examples of the justiciar protesting this.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Exchequer\"><\/span>Exchequer<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p><span style=\"font-family: inherit; font-style: inherit; font-weight: inherit;\">The exchequer existed in Ireland since the late 12<\/span><sup>th<\/sup><span style=\"font-family: inherit; font-style: inherit; font-weight: inherit;\"> century.\u00a0 It did not initially equate to that in England, but by the end of the 13<\/span><sup>th<\/sup><span style=\"font-family: inherit; font-style: inherit; font-weight: inherit;\"> century, it seemed to have exercised judicial functions including hearing of common pleas.\u00a0 At that stage there was a treasurer, a chancellor, two barons, and a remembrancer. They dealt with certain pleadings relating to land and actions for damages and the recovery of monies.<\/span><\/p>\n<p>The exchequer was the first department to develop out of the council.\u00a0 It was the financial department. A clerk was given the title of treasurer at the beginning of the 13th century. Rolls of issues and receipts were kept by the latter half of the 13<sup>th<\/sup> century. A special class of Barons were appointed to hold pleas of the exchequer.\u00a0 They passed judgment on debts due by subjects to the crown.<\/p>\n<p><span style=\"font-family: inherit; font-style: inherit; font-weight: inherit;\">The Exchequers Court was concerned principally with quasi-public law matters.\u00a0 However, it had a rival jurisdiction based a legal fictions with that of the King&#8217;s Bench in relation to debt and related matters. The justiciar sometimes went to the exchequer court to deal with unusually difficult matters.<\/span><\/p>\n<h3><span class=\"ez-toc-section\" id=\"Chancery\"><\/span>Chancery<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The Irish Court of Chancery was established in 1232 with the appointment of the Bishop of Chichester as the chancellor for life.\u00a0 The duties were broadly correspondent to that of the English office.\u00a0 He was custodian of the Irish seal and a member of the Justiciar\u2019s council.\u00a0 Writs emanate from his office.\u00a0 He was custodian of records.\u00a0 He had one clerk in the exchequer\u2019s office and one in the Justiciar\u2019s court to keep the rolls.<\/p>\n<p>In England, the chancery commenced as secretarial department of the King\u2019s household. Writs of the King issued from the Justiciar or the English chancery in the early 13th century. The chancellors were often clerics.<\/p>\n<p>A separate Irish chancery commenced in 1232. English writs remained valid in Ireland and persons could be summoned before English courts. By the end of the 14th century; attempts \u00a0were made to bring the Irish chancery in line with English chancery.<\/p>\n<p>By the 15th century in England, the equitable jurisdiction of chancery substituted petitions, which would otherwise have gone to the council in parliament. However, in Ireland, the practice of petitions to parliament continued for much longer.<\/p>\n<p>The chancellor developed jurisdiction over time, parallel to that in England.\u00a0 By the beginning of the 17<sup>th<\/sup> century there were \u00a0courts with two sides, the equity side and the \u00a0common law side. The \u00a0Master of the Rolls in Ireland did not have judicial functions until the Union in 1801.<\/p>\n<!--themify_builder_content-->\n<div id=\"themify_builder_content-74\" data-postid=\"74\" class=\"themify_builder_content themify_builder_content-74 themify_builder tf_clear\">\n    <\/div>\n<!--\/themify_builder_content-->\n","protected":false},"excerpt":{"rendered":"<p>&nbsp; Justiciar&#8217;s Courts The Justiciar and council exercised judicial functions. Over time, a specialised judiciary developed, and most judicial business became a matter for the courts of justice.\u00a0 There remained a number of cases still dealt with by the Justiciar and council. \u00a0These concerned particularly, \u00a0quarrels between magnates. Cases, where the common law provided no [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_exactmetrics_skip_tracking":false,"_exactmetrics_sitenote_active":false,"_exactmetrics_sitenote_note":"","_exactmetrics_sitenote_category":0,"footnotes":""},"categories":[29],"tags":[],"_links":{"self":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/74"}],"collection":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/comments?post=74"}],"version-history":[{"count":3,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/74\/revisions"}],"predecessor-version":[{"id":79,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/74\/revisions\/79"}],"wp:attachment":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/media?parent=74"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/categories?post=74"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/tags?post=74"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}