Judiciary and the law Flashcards
What courts were well established?
The Court of King’s Bench
The Court of Common Pleas
The Court of Exchequer
Parliament
In the fifteenth century, what happened when the Crown commanded less respect?
Juries had been threatened and judges bribed by powerful litigants
What was the Act of Maintenance in 1487 designed to do and what was the impact?
End the pressure nobles could bring on the judicial system
Crown put more store in supplementing the common law courts by using prerogative courts
What did courts such as Star Chamber, Requests, and Chancery do?
Had no jury
Gave rulings according to the evidence presented to the king’s councillors
Flourished during the Tudor period
What did Wolsey as Lord Chancellor do and what was the impact?
Established regular sittings and a recognised procedure in Star Chamber and Requests
The number of cases brought before Star Chamber rose from an average of twelve to nearly 150
What increased and why?
The number of Chancery petitions
The court could hear cases of appeal from inferior jurisdictions
What did the Tudors establish and give an example?
Law courts to meet particular needs
The Court of High Commission was established in the 1580s to deal with ecclesiastical issues
What did Henry VII create and what happened in 1509?
The General Surveyors court to oversee his royal estate and the Council Learned in the Law, which investigated cases of malpractice
Both courts ceased
What happened in 1554?
Financial courts that Cromwell established in the 1530s, such as Augmentations, were amalgamated into the exchequer
What happened to the Court of Wards?
Retained its separate status and organisation to become one of the most important judicial and financial courts
What did the prerogative courts come to be?
Resented by the common lawyers, who viewed them as a threat to their livelihood
What did Tudors see?
The advantage of encouraging common law courts and prerogative courts
What did Tudors understand?
The value of presiding over a judiciary and legal system that was respected, independent, and free from corruption
What happened when Henry VII attempted to get his King’s Bench judges to give a ruling on sanctuary in advance of the trial of Stafford?
Rebuked for interfering in the judicial process
What did Henry VII do?
Intervene in cases of retaining where he imitated the fines and recognisances awaiting the accused
