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Additional info for Justice Upon Petition: The House of Lords and the Reformation of Justice, 1621-1675

Example text

Throughout the The 1620s: the remaking of a court 15 debates in both Parliaments there was a strong feeling that the system as a whole needed to be ‘rectified’, as Sir Lionel Cranfield once put it. 68 That general concern was no doubt transmitted to the public. That is not to say that these petitioners would not have looked to the House of Lords without the lead provided by discussions in the House of Commons. Given the critical predicaments which many of them faced, they would surely have done so on their own initiative.

But the Justice upon petition 12 real problems affecting the operation of the system lay in the confused relations between courts. As suggested above, jurisdictions remained somewhat fluid and unpredictable throughout the late sixteenth and early seventeenth centuries. In large measure the problem was structural. The various components of the legal system had evolved at different times and in response to particular needs and there was, therefore, bound to be some degree of duplication and confusion with regard to jurisdictions.

The problem lay equally in the increasing complexity (and uncertainty) of judicial procedure. Law courts across the system were continually modifying and adapting their procedures during the early modern period, in part to provide better regulation of existing business and, in part, to make their procedures more attractive to potential clients. Competition for business had forced all courts to remain, to a certain degree, flexible and accommodating to the demands of litigants. To some extent the courts of common law had led the way by allowing the growth of new actions based on legal fictions, as, for example, with bill of Middlesex and latitat procedure in King’s Bench, or with the many ‘special case’ variations on traditional trespass writs—the so-called ‘actions on the case’ such as assumpsit (to enforce parol agreements) and ejectment (to recover leasehold property).

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