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Appendix 1.
The Medieval Courts of Common Law.
CURIA REGIS, (The King’s Council). The King acting on the advice of his most trusted advisors or councillors, became responsible for making laws, putting these laws into affect and hearing cases in which these laws were broken. The Curia Regis thus acted as the ‘fountain of justice’. Over time, the courts below came into existence separately from the King’s Council and carried out different functions.
THE COURT OF EXCHEQUER.
The first main court to break away from the King’s Court, it originally dealt with disputes between the King and his subjects over of taxes owed to the King, and subsequently assumed jurisdiction over claims between individuals, mainly for debts owed.
THE COURT OF COMMON PLEAS.
The second main court to break away became a permanent court, set up in Westminster to hear ‘common pleas’. Common pleas were complaints made to the King about the infringement of some right. This court dealt with civil disputes between individuals, such as payment of debts owed and trespass to land.
THE COURT OF KING’S BENCH.
The last main court to break away from the Curia Regis, this court acted as ‘public defender’. It had power to make orders or writs preventing lower courts, public officials and subsequently, even the King, from abusing their powers. It also heard appeals from lower courts.
THE COURT OF EXCHEQUER CHAMBER.
This was an appeal court, hearing appeals from the lower courts.
THE ASSIZES.
These courts were set up outside of Westminster to deal with criminal cases. Royal judges travelled to the various county assize courts to administer the King’s justice. They subsequently dealt with civil claims.
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