Certain former
courts of England and Wales
The courts of England and Wales, supported administratively by His Majesty's Courts and Tribunals Service, are the civil and criminal courts responsible for the administration of justice in England and Wales.
The United Kingdom does not have ...
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
The Norman Conquest (or the Conquest) was the 11th-century invasion and occupation of England by an army made up of thousands of Norman, Breton, Flemish, and French troops, all led by the Duke of Normandy, later styled William the Con ...
until 1362,
French was the language of the courts, rather than
English
English usually refers to:
* English language
* English people
English may also refer to:
Peoples, culture, and language
* ''English'', an adjective for something of, from, or related to England
** English national ide ...
. Until the twentieth century, many legal terms were still expressed in
Latin
Latin (, or , ) is a classical language belonging to the Italic branch of the Indo-European languages. Latin was originally a dialect spoken in the lower Tiber area (then known as Latium) around present-day Rome, but through the power of the ...
.
Higher civil court system
Middle Ages
Henry VIII
*
Court of Augmentations
Thomas Cromwell established the Court of Augmentations, also called Augmentation Court or simply The Augmentation in 1536, during the reign of King Henry VIII of England. It operated alongside three lesser courts (those of General Surveyors (1540 ...
*
Court of First Fruits and Tenths
First Fruits and Tenths was a form of tax on clergy taking up a benefice or ecclesiastical position in Great Britain. The Court of First Fruits and Tenths was established in 1540 to collect from clerical benefices certain moneys that had previousl ...
*
Court of General Surveyors
*
Court of Wards and Liveries
The Court of Wards and Liveries was a court established during the reign of Henry VIII in England. Its purpose was to administer a system of feudal dues; but as well as the revenue collection, the court was also responsible for wardship and liv ...
Conciliar courts
Conciliar court
Conciliar may refer to:
*Conciliarity, conciliar authority
*Conciliarism
Conciliarism was a reform movement in the 14th-, 15th- and 16th-century Catholic Church which held that supreme authority in the Church resided with an ecumenical council, ...
s included the
Court of Star Chamber
The Star Chamber (Latin: ''Camera stellata'') was an English court that sat at the royal Palace of Westminster, from the late to the mid-17th century (c. 1641), and was composed of Privy Counsellors and common-law judges, to supplement the judic ...
and the
Court of Requests
The Court of Requests was a minor equity court in England and Wales. It was instituted by King Richard III in his 1484 parliament. It first became a formal tribunal with some Privy Council elements under Henry VII, hearing cases from the poor ...
.
=Regional conciliar courts
=
These included the
Council in the North Parts and the
Council in the Principality and Marches of Wales
The Court of the Council in the Dominion and Principality of Wales, and the Marches of the same, commonly called the Council of Wales and the Marches () or the Council of the Marches, was a regional administrative body based in Ludlow Castle wi ...
.
Eyres
Superior courts at Westminster
Although the words "Superior Courts of Law at Westminster", in the preamble of the
Uniformity of Process Act 1832 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 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.
Wharton and Granger refer to "the three superior courts at Westminster".
Section 2 of the
Evidence Act 1845
Evidence for a proposition is what supports this proposition. It is usually understood as an indication that the supported proposition is true. What role evidence plays and how it is conceived varies from field to field.
In epistemology, evidenc ...
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) of Schedule 4 to, the
Senior Courts Act 1981
The Senior Courts Act 1981 (c.54), originally named the Supreme Court Act 1981, is an Act of the Parliament of the United Kingdom.
The Act prescribes the structure and jurisdictions of the Senior Courts of England and Wales (previously known as ...
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.
The superior courts of law at Westminster had a common jurisdiction over certain actions and proceedings.
The Court of King's Bench, Court of Common Pleas, Court of Exchequer and Court of Chancery sat at
Westminster Hall
The Palace of Westminster serves as the meeting place for both the House of Commons and the House of Lords, the two houses of the Parliament of the United Kingdom. Informally known as the Houses of Parliament, the Palace lies on the north bank ...
.
Supreme Court of Judicature Act 1873
Transfer of jurisdiction to the High Court
The jurisdiction of the following courts was transferred to the
High Court of Justice
The High Court of Justice in London, known properly as His Majesty's High Court of Justice in England, together with the Court of Appeal and the Crown Court, are the Senior Courts of England and Wales. Its name is abbreviated as EWHC (Englan ...
by section 16 of the
Supreme Court of Judicature Act 1873
The Supreme Court of Judicature Act 1873 (sometimes known as the Judicature Act 1873) was an Act of the Parliament of the United Kingdom in 1873. It reorganised the English court system to establish the High Court and the Court of Appeal, and ...
:
*The
High Court of Chancery
High may refer to:
Science and technology
* Height
* High (atmospheric), a high-pressure area
* High (computability), a quality of a Turing degree, in computability theory
* High (tectonics), in geology an area where relative tectonic uplift ...
, as a Common Law Court as well as a
Court 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
*The
Court of Queen's Bench
*The
Court of Common Pleas at Westminster
The Court of Common Pleas, or Common Bench, was a common law court (law), court in the English legal system that covered "common pleas"; actions between subject and subject, which did not concern the Monarchy of the United Kingdom, king. Create ...
*The
Court of Exchequer, as a Court of Revenue, as well as a Common Law Court
*The
High Court of Admiralty
Admiralty courts, also known as maritime courts, are courts exercising jurisdiction over all maritime contracts, torts, injuries, and offences.
Admiralty courts in the United Kingdom England and Wales
Scotland
The Scottish court's earliest ...
*The
Court of Probate
In the history of the courts of England and Wales, the Court of Probate was created by the Court of Probate Act 1857, which transferred the jurisdiction of the ecclesiastical courts in testamentary matters to the new court so created.
The Judg ...
*The
Court for Divorce and Matrimonial Causes
In the history of the courts of England and Wales, the Court for Divorce and Matrimonial Causes was created by the Matrimonial Causes Act 1857, which transferred the jurisdiction of the ecclesiastical courts in matters matrimonial to the new cou ...
*The
Court of Common Pleas at Lancaster
*The
Court of Pleas at Durham
*The Courts created by Commissions of Assize, of Oyer and Terminer, and of Gaol Delivery, or any of such Commissions
The jurisdiction of the
London Bankruptcy Court was transferred to the High Court by section 93 of the
Bankruptcy Act 1883
Bankruptcy is a legal process through which people or other entities who cannot repay debts to creditors may seek relief from some or all of their debts. In most jurisdictions, bankruptcy is imposed by a court order, often initiated by the debtor ...
.
The following courts were merged into the High Court by section 41 of the
Courts Act 1971:
*The
Court of Chancery of the County Palatine of Lancaster
The Court of Chancery of the County Palatine of Lancaster was a court of chancery that exercised jurisdiction within the County Palatine of Lancaster until it was merged into the High Court in 1972.
Relevant legislation
The court was regulated b ...
*The
Appellate courts
The jurisdictions of the following, amongst others, were transferred to the
Court of Appeal:
*The
Court of Exchequer Chamber
The Court of Exchequer Chamber was an English appellate court for common law civil actions before the reforms of the Judicature Acts of 1873–1875. It originated in the fourteenth century, established in its final form by a statute of 1585.
The ...
*The
Court of Appeal in Chancery
The Court of Appeal in Chancery was created in 1851 to hear appeals of decisions and decrees made in the Chancery Court. The appeals in the court were heard by the Lord Chancellor alone, or as a tripartite panel (supplemented by two Lords Justic ...
*The
*The
Lord Warden of the Stannaries
The Lord Warden of the Stannaries (from la, stannum for Tin, Tin, Sn) used to exercise judicial and military functions in Cornwall, England, and is still the official who, upon the commission of the British monarchy, monarch or Duke of Cornwall ...
There was formerly a
Court for Crown Cases Reserved
The Court for Crown Cases Reserved was an English appellate court for criminal cases established in 1848 to hear references from the trial judge. It did not allow a retrial, only judgment on a point of law. Neither did it create a ''right'' of ...
. The
House of Lords
The House of Lords, also known as the House of Peers, is the upper house of the Parliament of the United Kingdom. Membership is by appointment, heredity or official function. Like the House of Commons, it meets in the Palace of Westminste ...
was formerly an appellate court.
Courts of criminal jurisdiction
Courts of criminal jurisdiction included:
*Courts of summary jurisdiction
*
Quarter A quarter is one-fourth, , 25% or 0.25.
Quarter or quarters may refer to:
Places
* Quarter (urban subdivision), a section or area, usually of a town
Placenames
* Quarter, South Lanarkshire, a settlement in Scotland
* Le Quartier, a settlement ...
and General sessions
*Special sessions
*Courts of Gaol Delivery and Oyer and Terminer
*
Petty session
Courts of petty session, established from around the 1730s, were local courts consisting of magistrates, held for each petty sessional division (usually based on the county divisions known as hundreds) in England, Wales, and Ireland. The sessio ...
s
*
Assizes
Central Criminal Court
The Central Criminal Court established by the
Central Criminal Court Act 1834
Central is an adjective usually referring to being in the center of some place or (mathematical) object.
Central may also refer to:
Directions and generalised locations
* Central Africa, a region in the centre of Africa continent, also known as ...
was replaced by the
Crown Court established by the recommendations of
Dr. Beeching
Richard Beeching, Baron Beeching (21 April 1913 – 23 March 1985), commonly known as Dr Beeching, was a physicist and engineer who for a short but very notable time was chairman of British Railways. He became a household name in Britain in the e ...
leading to the
Courts Act 1971.
Court of Criminal Appeal
Crown courts
The
Crown Court of Liverpool
A crown is a traditional form of head adornment, or hat, worn by monarchs as a symbol of their power and dignity. A crown is often, by extension, a symbol of the monarch's government or items endorsed by it. The word itself is used, partic ...
and the
Crown Court of Manchester established by the
Criminal Justice Administration Act 1956
In ordinary language, a crime is an unlawful act punishable by a state or other authority. The term ''crime'' does not, in modern criminal law, have any simple and universally accepted definition,Farmer, Lindsay: "Crime, definitions of", in Can ...
were superseded by the (national) Crown Court established by the Courts Act 1971.
Ecclesiastical courts
These included the
Court of High Commission
The Court of High Commission was the supreme ecclesiastical court in England. Some of its powers was to take action against conspiracies, plays, tales, contempts, false rumors, books. It was instituted by the Crown in 1559 to enforce the Act of U ...
.
Bankruptcy courts
The
Court of Bankruptcy
A Commissioner of Bankruptcy (England and Wales) was, from 1571 to 1883, an official appointed (initially by commission of the Lord Chancellor) to administer the estate of a bankrupt with full power to dispose of all his lands and tenements.Commi ...
was established under the statute 1 & 2 Will 4 c 56. As to bankruptcy courts, see the
Bankruptcy Act 1869
The Bankruptcy Act 1869 (32 & 33 Vict c 71) was an Act of the Parliament of the United Kingdom.
Section 32 established the first statutory regime for preferential debts in bankruptcy, between local rates, taxes, wages and salaries of clerks, ...
.
Lower courts
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.
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:
*The Tolzey and Pie Poudre Courts of the City and County of Bristol
*The
Liverpool Court of Passage
*The
Norwich Guildhall Court
*The
Court of Record for the Hundred of SalfordSection 221of the
Local Government Act 1972 abolished the
borough civil courts listed i
Schedule 28to that Act.
Anomalous local courts
Part II of Schedule 4 to the
Administration of Justice Act 1977 curtailed the jurisdiction of certain other anomalous local courts:
*
Courts baron
*
Courts leet
*
Manorial courts customary
*
Courts of piepowders
*
Courts of the staple
*
Courts of the clerk of the market
*
Hundred court
A hundred is an administrative division that is geographically part of a larger region. It was formerly used in England, Wales, some parts of the United States, Denmark, Southern Schleswig, Sweden, Finland, Norway, the Bishopric of Ösel–Wiek, C ...
s
* Law Days
* Views of
Frankpledge
Frankpledge was a system of joint suretyship common in England throughout the Early Middle Ages and High Middle Ages. The essential characteristic was the compulsory sharing of responsibility among persons connected in tithings. This unit, under ...
* Common law (or sheriffs') county courts as known before the passing of the County Courts Act 1846
* The Basingstoke
Court of Ancient Demesne
A court is any person or institution, often as a government institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordanc ...
* The Coventry
Court of Orphans
A court is any person or institution, often as a government institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance ...
* The
Great Grimsby Foreign Court
* The King's Lynn Court of Tolbooth
* The
Court of Husting The Court of Husting is a court that sat at the Guildhall, London, Guildhall in the City of London. It is believed to be the oldest court in the City of London and had the jurisdiction of a County Court (England and Wales), county court. Whilst the ...
(City of London)
* The
Sheriffs' Court for the Poultry Compter
Poultry Compter (also known as Poultry Counter) was a small prison that stood at Poultry, part of Cheapside in the City of London. The compter was used to lock up minor criminals and prisoners convicted under civil law and was run by the Ci ...
(City of London)
* The
Sheriffs' Court for the Giltspur Street Compter
The Giltspur Street Compter was a compter or small prison, designed by English architect and surveyor George Dance the Younger, mainly used to hold debtors. It was in Giltspur Street, Smithfield, London, Smithfield, close to Newgate, in the City ...
(City of London)
* The Macclesfield
Court of Portmote
* The Maidstone
Court of Conservancy
* The Melcombe Regis Court of Husting
* The Newcastle upon Tyne Court of Conscience or Requests
* The Newcastle upon Tyne Court of Conservancy
* The Norwich Court of Mayoralty
* The Peterborough Dean and Chapter's Court of Common Pleas
* The Ramsey (Cambridgeshire) Court of Pleas
* The
Ripon Court Military
Ripon () is a cathedral city in the Borough of Harrogate, North Yorkshire, England. The city is located at the confluence of two tributaries of the River Ure, the Laver and Skell. Historically part of the West Riding of Yorkshire, the city i ...
* The Ripon Dean and Chapter's Canon Fee Court
* The
St. Albans Court of Requests
* The Court of the Hundred, Manor and Borough of Tiverton
* The York Court of Husting
* The York Court of Guildhall
* The York Court of Conservancy
* The Ancient Prescriptive Court of Wells
* The Cheyney Court of the Bishop of Winchester.
University courts were limited in jurisdiction to matters relating to the statutes of the university in question:
* Court of the Chancellor or Vice-Chancellor of Oxford University
* The Cambridge University Chancellor's Court
The
Court of Minstrels
The Court of Minstrels was a court held in Tutbury, Staffordshire, for minstrels (travelling musicians) from the nearby counties. The court was founded by John of Gaunt, the Duke of Lancaster, who held Tutbury Castle, for the encouragement of the ...
in Tutbury, Staffordshire was ordered to close by the Duke of Devonshire in 1778
Hundred and manorial courts
These included
courts leet.
Forest courts
By 1909, the
Court of Regard
A court is any person or institution, often as a government institution, with the authority to Adjudication, adjudicate legal disputes between Party (law), parties and carry out the administration of justice in Civil law (common law), civil, C ...
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.
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.
Palatine courts
Durham and Sadberge
The
was merged into the High Court by the Courts Act 1971. The
Court of Pleas of the County Palatine of Durham and Sadberge
The Court of Pleas of the County Palatine of Durham and Sadberge, sometimes called the Court of Pleas or Common Pleas of or at Durham was a court of common pleas that exercised jurisdiction within the County Palatine of Durham (including the wapen ...
was merged into the High Court by the Supreme Court of Judicature Act 1873. The
Court of the County of Durham
The Court of the County of Durham was a court that exercised jurisdiction within the County Palatine of Durham. It was abolished, subject to certain savings, on 5 July 1836.
The sole roll of this court known not to have been lost is DCM Misc Ch ...
was abolished by section 2 of the
Durham (County Palatine) Act 1836
The Durham (County Palatine) Act 1836 (6 & 7 Will 4 c 19) was an Act of the Parliament of the United Kingdom. It abolished the temporal authority of the Bishop of Durham within the County Palatine of Durham, placing the county under lay administ ...
.
Lancaster
The
Court of Common Pleas of the County Palatine of Lancaster
The Court of Common Pleas of the County Palatine of Lancaster, sometimes called the Common Pleas of or at Lancaster was a court of common pleas that exercised jurisdiction within the County Palatine of Lancaster until its jurisdiction was transferr ...
and the
Court of Chancery of the County Palatine of Lancaster
The Court of Chancery of the County Palatine of Lancaster was a court of chancery that exercised jurisdiction within the County Palatine of Lancaster until it was merged into the High Court in 1972.
Relevant legislation
The court was regulated b ...
were merged into the High Court. The
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.
[John Hamilton Baker. The Oxford History of the Laws of England. Volume 6 (1483-1558). Oxford University Press. 2003. Page]
295
and 296.
The Courts of Session of the
County Palatine of Chester
Cheshire ( ) is a ceremonial and historic county in North West England, bordered by Wales to the west, Merseyside and Greater Manchester to the north, Derbyshire to the east, and Staffordshire and Shropshire to the south. Cheshire's county town ...
and the
Principality of Wales
The Principality of Wales ( cy, Tywysogaeth Cymru) was originally the territory of the native Welsh princes of the House of Aberffraw from 1216 to 1283, encompassing two-thirds of modern Wales during its height of 1267–1277. Following the co ...
were abolished section 14 of by the
Law Terms Act 1830.
Stannaries
The
Stannaries Court was abolished by the
Stannaries Court (Abolition) Act 1896
Stannary law (derived from the la, stannum for tin) is the body of English law that governs tin mining in Devon and Cornwall; although no longer of much practical relevance, the stannary law remains part of the law of the United Kingdom and i ...
.
Other courts
*
Lawless Court
*
Court of Arraye
*
Board of Green Cloth
*
Marshalsea Court
The Marshalsea Court (or Court of the Marshalsea, also known as the Court of the Verge or the Court of the Marshal and Steward) was a court associated with the Royal Household in England. Associated with, but distinct from, the Marshalsea Court ...
*
Restrictive Practices Court
The Restrictive Trade Practices Act 1956 was an act of the Parliament of the United Kingdom intended to enforce competition, and provide an appropriate check on restrictive combines and practices. It required that any agreement between companies ...
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.
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
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Courts of England and Wales