Court Royal

“ Manor courts still formally admitted new tenants, registered titles, sales of land and exchanges of land, and commutation of services, enrolled leases and rules of succession, settled boundary disputes, and regulated the village agriculture.
All attorneys shall be examined by the royal justices for their learnedness in the law and, at their discretion, those that are good and virtuous shall be received to make any suit in any royal court. These attorneys shall be sworn to serve well and truly in their offices. ”

“ He who refuses to observe just law and just judgment shall forfeit a fine to the party who is entitled thereto, the king 6 pounds, an earl 40s. and to all those who have a court in England.
No one shall appeal to the king until he fails to obtain justice in the hundred or county courts. ”

“ All persons, as well of high as of low estate, shall receive justice in the King's Court; and none shall take any such revenge or distress by his own authority, without award of our court, although he is damaged or injured, whereby he would have amends of his neighbor either higher or lower. ”

“ It sat, or certain members of it sat, under the presidency of the king or the justiciar, as the supreme court of justice of the realm. In this capacity it tried the suits of tenants-in-chief, and all appeals from the local courts. But Henry, not contented with this, adopted the custom of sending forth certain members of the Curia throughout the realm at intervals, to sit in the shire court, along with or in place of the sheriff, and to hear and judge all the cases of which the court had cognizance. From these itinerant commissioners (justices in eyre) descend the modern justices of assize. ”

“ Higley to be the almost uniform rule, among the people who make the common law of England the basis of their jurisprudence, to have a distinct tribunal for the establishment of wills, and the administration of the estates of men dying either with or without wills, which tribunals are variously called 'prerogative courts,' 'probate courts,' 'surrogate courts,' 'orphans' courts,' etc. ”

“ If relief on equitable grounds is to be obtained it is right that it should be sought by a formal suit upon adequate pleadings and should be granted only after a trial of issues according to the usual course of the trial of questions of fact. A court of first instance is the appropriate tribunal, and the only tribunal, equipped for such a trial. Appellate courts have neither the power nor the means to that end. ”

“ THE crown directs its governor to erect courts and appoint the judges thereto. — The actual appointment of the judges is no where directly disputed. —— But the power of erecting courts, according to this instruction, is, I believe, universally disputed ; it being a maxim universally maintained by the Colonists, that no court can be erected but by act of legislature. —— Those who reason on the side of the crown, — say, — that the crown does not, by erecting courts in the colonies, claim any right of enacting the jurisdiction of those courts, or the laws whereby they are to act. ”

“ The king may disseise no man and no man may disseise the king, nor pull any reversion or remainder out of him.
- Judicial Procedure -
The prohibition against maintenance was given penalties in 1406 of 100s. per person for a knight or lower giving livery of cloth or hats, and of 40s. for the receiver of such. A person who brought such suit to court was to be given half the penalty. The Justices of Assize and King's Bench were authorized to inquire about such practices. The statute explicitly included ladies and any writing, oath, or promise as well as indenture. ”

“ The right of having an appellate tribunal pass upon matters of law in all contests between parties, is regarded in some sort as a sacred right by our people. It is given in the broadest terms by the great Judiciary Act of 1789. ”

“ But still more than by the passing of attainders were the lives, liberties, and property of the nobles submitted to the will of the king, by the institution of the Court of the Star Chamber. This court set aside all other courts at will, and by abandoning the use of juries in it, laid Magna Charta and the life and fortune of every man, at the foot of the throne. From the moment, in fact, that this court was formally erected by the 3 Henry VII., c. 1, there was an end of the Constitution, the privilege of Habeas Corpus was suspended, and Parliament legislated in vain. ”

“ A high national court, formed of members of the tribunal of cassation and of high jurors, shall have jurisdiction over the offences of the ministers and principal agents of the executive power, and over crimes which shall assail the general security of the state, when the legislative body shall have rendered a decree of accusation. ”

“ It is the duty of the sovereign to provide a tribunal, under whose direction the just demands against the estate may be determined and paid, the succession decreed, and the estate devolved to those who are found to be entitled to it. Sometimes this duty is performed by conferring jurisdiction upon a single court and sometimes by dividing the jurisdiction among two or three courts. The courts may be termed ecclesiastical, probate, orphans', surrogate, or equity courts. ”

“ This recourse in England sometimes took the form of the appeal to the king given by the Constitutions of Clarendon, just mentioned, and later by the acts of Henry VIII.; sometimes that of suing for writs of prohibition or mandamus, which were granted by the king’s judges, either to restrain excess of jurisdiction, or to compel the spiritual judge to exercise jurisdiction in cases where it seemed to the temporal court that he was failing in his duty. The appellatio tanquam ab abusu (appel comme d’abus) in France was an application of a like nature. ”

“ The rooms are of a becomingly severe aspect. The walls are painted a greenish grey, of one uniform tint. The tribunal is sometimes oblong, sometimes in horse-shoe form. On the right sits the assessor representing the Minister of Justice, on the left the registrar on duty. In the “parquet,” or enclosure beneath the tribunal, is the table of the usher, who calls the next case, executes the president’s behests, and maintains order in the court, exclaiming “Silence, gentlemen,” with the traditional voice and accent. ”

“ MY LORD,—Since it appears there is little or no chance of gaining admittance into your Court without a ticket, I now formally apply for one. I base my application on the ground that although a Judge is indeed absolute emperor over his Court, yet his power does not extend to the selection of what body of people shall represent the "public" in cases which are not heard in camera. ”

“ At the same time the reservation of difficult cases for the hearing of the king in council points to the creation, or rather to the revival, of a yet higher court of justice, that of the king himself in council with his “wise men”—a phrase which, while on the one hand it carries us back to the very earliest form of the Curia Regis, on the other points onward to its later developements in the modern tribunals of equity or of appeal, the courts of Chancery and of the Privy Council in its judicial capacity. ”

“ That the acts and proceedings of these special tribunals need not be according to the course of the common law, but must be according to the exigencies of the state. Such has been the practice from the earliest period of the commonwealth, allowing finally, on appeal or otherwise, a trial by jury, since 1785. 7. That the proceedings of such tribunals, however constituted, are entitled to respect; they are not to be collaterally questioned; and after a length of time, everything is to be presumed in their favor, as in favor of any other tribunal. ”

“ For many centuries after King John's time proceedings to be had in the King's Bench were invariably described as to be had 'before the Lord the King, wheresoever he may be in England'; and the Court of King's Bench always continued to be 'the Court before the King himself' even when the Sovereign had ceased to sit in it, and had permanently delegated his authority there, as in other Courts, to Justices. ”

“ The members of this court consisted of the privy council and the judges; men who all of them enjoyed their offices during pleasure; and when the prince himself was present, he was the sole judge, and all the others could only interpose with their advice. There needed but this one court in any government to put an end to all regular, legal, and exact plans of liberty; for who durst set himself in opposition to the crown and ministry, or aspire to the character of being a patron of freedom, while exposed to so arbitrary a jurisdiction? ”

“ The next year the act (Criminal Appeal Act 1907) , which was ultimately carried, was introduced into the House of Commons. By this act a court is established consisting of the lord chief justice and eight judges of the king’s bench division, the jurisdiction of the court for crown cases reserved being transferred to the new court. The court to be duly constituted must consist of not less than three judges and of an uneven number of judges. The court may sit in two or more divisions if the lord chief justice so directs. ”

“ But no sight-seer, no student of our institutions, and particularly no one who is interested in the ways and customs of individual trades, should fail to visit the Supreme Appellate Tribunal of this great country.
The funny thing about the House of Lords [Pg 119] sitting as a court is that it actually sits in the House of Lords. Entering the great red chamber—as anybody may do if he can find the way—one receives the impression that it is perfectly empty, save for the knot of barristers’ clerks, solicitors’ clerks, pressmen and casual onlookers who are huddled round the entrance. ”

“ Inferior judges are appointed normally for life, but under conditions prescribed by law they may be dismissed or relieved of their duties by decision of the High Court. Finally, the High Court constitutes a tribunal before which, upon charges brought by either the sovereign or the lower chamber, members of the States-General, heads of the ministerial departments, governors-general, members of the Council of State, and commissioners of the crown in the provinces, may be prosecuted upon charge of offenses committed in office. ”

“ For when a king has given a franchise, he is concerned, in honour and interest, to see that every man entitled, shall enjoy the benefit of it.
Fourthly, the king is interested in the life, limbs, and liberty of every subject. Therefore this is the court wherein appeals, brought by private persons, of murder, felony, and maim, should be tried; and if any man complains of wrongful imprisonment, this court shall, by writ of habeas corpus, have him brought into court, with the cause of his imprisonment returned ”

“ Charles V, in a letter to his viceroy, October 22, 1525, says that he understands that the royal courts take cognizance of the cases of the officials of the tribunal, which displeases him greatly; it is his will that the Holy Office shall be cherished and favored and that in all cases, civil and criminal, its officials are to enjoy the immunities and privileges to which they are entitled; they are to exercise their functions with all freedom, under the royal protection, guarded by the penalties expressed in the royal concessions. ”

“ And certainly, even in England, the King's Bench never claimed or exercised the power to issue a mandamus to an inferior court of record, commanding it to reverse its judgment, in a matter where the law authorized it to judge. ”

“ The king’s courts of justice shall be stationary, and shall no longer follow his person: they shall be open to every one; and justice shall no longer be sold, refused, or delayed by them. Circuits shall be regularly held every year: the inferior tribunals of justice, the county court, sheriff’s turn, and court-leet shall meet at their appointed time and place: the sheriffs shall be incapacitated to hold pleas of the crown ”

“ Parliament may change the common law by statute. The right of a peer to be tried for capital crimes by a court composed of his peers was established. There was a widespread belief that all the peers are by right the king's councilors.
No attorney may practice law and also be a Justice of Assize. No justice may take any gift except from the king nor give counsel to any litigant before him.
In 1390, there was a statute against maintainers, instigators, barretors, procurers, and embracers of quarrels and inquests because of great and outrageous oppressions of parties in court. ”

“ A person is never raised to the dignity of a prince, or governor of a city, until he has attained to his fortieth year; for then they say he has acquired experience. When one of these princes or viceroys holds his court, in the city of his residence, he is seated on a tribunal, in great state, and receives the petitions or complaints of the people; having an officer called Lieu, who stands behind the tribunal, and indorses an answer upon the petition, according to the order of the viceroy; for they null no applications but what are in writing, and give all their decisions in the same manner. ”

“ Against the great legal talent which had been employed against them by the Crown, there had come forward advocates of high character, and not inferior ability—advocates who voluntarily embarked themselves in the cause of their clients—gave up their whole time and attention to their interests, methodized and simplified the evidence necessary to maintain them, and entered the Court prepared to meet the case brought forward by the Crown on every one of its points and bearings. ”