History of the courts of England and Wales facts for kids
Courts in England and Wales have changed a lot over time. Some old courts have been completely stopped, while others have joined up with newer courts. Some simply aren't used anymore.
For nearly 600 years, from the time of the Norman Conquest (around 1066) until 1642, French was the main language used in courts, not English! Even until the 1900s, many legal words were still in Latin.
Contents
Important Civil Courts of the Past
These were the main courts that dealt with disagreements between people or groups.
Courts from the Middle Ages
In the past, kings often created special courts to handle specific tasks or problems.
King Henry VIII's Special Courts
King Henry VIII (who ruled from 1509 to 1547) set up several new courts. These included:
- The Court of Augmentations, which managed lands and money taken from monasteries.
- The Court of First Fruits and Tenths, which collected taxes from church leaders.
- The Court of General Surveyors, which checked the king's lands.
- The Court of Wards and Liveries, which looked after young heirs and their lands if they were too young to manage them.
Conciliar Courts: King's Council Courts
Some courts were part of the King's Council, meaning they were closely linked to the king's advisors. Two famous ones were:
- The Court of Star Chamber, known for its secret trials and harsh punishments.
- The Court of Requests, which heard cases from poorer people.
Regional Council Courts
There were also special council courts for different parts of the country. These included:
- The Council in the North Parts, for northern England.
- The Council in the Principality and Marches of Wales, for Wales and its border areas.
The Main Courts at Westminster
For a long time, the most important courts in England sat in Westminster Hall in London. These were called the "Superior Courts at Westminster." They included:
- The Court of King's Bench
- The Court of Common Pleas
- The Court of Exchequer
- The Court of Chancery
These courts handled many different types of legal cases. Over time, laws were passed to make sure judges from these courts could also serve in other important roles.
Changes with the Supreme Court of Judicature Act 1873
A very important law, the Supreme Court of Judicature Act 1873, changed the court system a lot. It brought many old courts together.
Courts Joining the High Court
This Act moved the powers of many courts into a new court called the High Court of Justice. This made the system simpler. Courts that joined the High Court included:
- The High Court of Chancery, which dealt with fairness and property.
- The Court of Queen's Bench, which handled serious crimes and public law.
- The Court of Common Pleas at Westminster, which heard cases about agreements and property.
- The Court of Exchequer, which dealt with government money and taxes.
- The High Court of Admiralty, which handled cases about ships and the sea.
- The Court of Probate, which dealt with wills and inheritances.
- The Court for Divorce and Matrimonial Causes, which handled divorces.
- The Court of Common Pleas at Lancaster and the Court of Pleas at Durham, which were special courts for those regions.
- Courts set up by special orders for trials, like those for serious crimes.
Later, the London Bankruptcy Court also joined the High Court in 1883. Even more courts, like the special Chancery courts for Lancaster and Durham, were merged into the High Court in 1971.
Appeals Courts
The 1873 Act also created the Court of Appeal. This court hears appeals from decisions made in lower courts. Many older appeals courts had their powers moved to this new Court of Appeal. These included:
- The Court of Exchequer Chamber
- The Court of Appeal in Chancery
- The Court of Appeal in Chancery of the County Palatine of Lancaster
- The court of the Lord Warden of the Stannaries (who oversaw mining areas).
In the past, the House of Lords (part of Parliament) also acted as a top appeals court.
Religious Courts
These courts dealt with church matters and cases involving religious law. One example was the Court of High Commission.
Bankruptcy Courts
The Court of Bankruptcy was set up in 1831 to handle cases where people couldn't pay their debts.
Local Courts
These courts handled smaller cases in specific areas.
County Courts
County courts are still important today, but some old ones in Wales have closed since 1846.
Local and Borough Courts of Record
Many local courts existed, often with very specific jobs. Some were very old, like the Courts of Pie Poudre, which quickly settled disputes at fairs.
In 1971, a law called the Courts Act changed many of these local courts. For example, the Mayor's and City of London Court became a county court. This Act also completely stopped several other local courts, such as:
- The Tolzey and Pie Poudre Courts of Bristol.
- The Liverpool Court of Passage.
- The Norwich Guildhall Court.
- The Court of Record for the Hundred of Salford.
Later, in 1972, many other local "borough civil courts" were also ended by the Local Government Act.
Unusual Local Courts
A law in 1977 reduced the power of many other old and unusual local courts. These included:
- Courts baron and Courts leet, which were part of old land ownership systems.
- Manorial courts customary, also linked to old estates.
- Hundred courts, which served areas called "hundreds."
- The old county courts that existed before the modern county court system began in 1846.
- Many very specific local courts, like the Basingstoke Court of Ancient Demesne or the Coventry Court of Orphans.
University courts were special courts that only dealt with matters related to the university's rules. Examples include the courts at Oxford and Cambridge Universities.
The Court of Minstrels in Tutbury, Staffordshire, which dealt with musicians, was ordered to close in 1778.
Forest Courts
These courts managed royal forests and their rules. By the early 1900s, most of these courts were no longer active. For example, the Court of Regard had been unused for centuries. Swainmotes were still held but were just formal meetings. No Court of Justice Seat had been held since 1662.
Courts of the Cinque Ports
The Cinque Ports were a group of historic coastal towns. They had their own special courts, like a Court of Chancery and a Court of Load Manage (for regulating ship pilots), until 1855.
Palatine Courts
Some areas of England, called "counties palatine," had special legal powers and their own courts, almost like small kingdoms.
Durham and Sadberge
The Court of Chancery of the County Palatine of Durham and Sadberge and the Court of Pleas of the County Palatine of Durham and Sadberge were merged into the High Court in 1971 and 1873, respectively. The Court of the County of Durham was abolished in 1836.
Lancaster
The Court of Common Pleas of the County Palatine of Lancaster and the Court of Chancery of the County Palatine of Lancaster were also merged into the High Court. The Court of Appeal in Chancery of the County Palatine of Lancaster joined the Court of Appeal.
Chester
The County Palatine of Chester also had its own courts, including the Exchequer of Chester. These courts, along with those of the Principality of Wales, were abolished in 1830.
Stannaries
The Stannaries Court dealt with mining disputes in Cornwall and Devon. It was abolished in 1896.
Other Courts of the Past
Here are a few other courts that no longer exist:
- The Lawless Court
- The Court of Arraye
- The Board of Green Cloth
- The Marshalsea Court
- The Restrictive Practices Court
