Royal writs defined which disputes the King’s courts would hear
Evidence
In the earliest days of the common law the King’s courts were engaged in establishing their jurisdiction to administer a nation-wide system of law in displacement of the myriad of local courts. The King’s courts claimed jurisdiction only when their title to determine a cause was established by direct command of the King. The command was given in the form of an original writ issued in the King’s behalf by his Lord Chancellor or, in the Chancellor’s behalf, by his office, the Chancery. The writs which the clerks of the Chancery were willing to issue tended naturally to take certain forms, descriptive of the kinds of disputes in which the King asserted an interest. — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process, 1458
Categorization
- DEFINE: Explains the original writ and Chancery issuance system that structured common-law jurisdiction.
- XREF: connects to: Noble history was a weapon against clerks who read the law as royal will — Michel Foucault, Society Must Be Defended, 3920; The historical contraction of discretionary prerogative into written law followed princely abuse — John Locke, Second Treatise of Government, 199; Henry II popularized trial by jury to attract cases to royal courts. — Winston Churchill, A History of the English-Speaking…, 343 (+3 more)
Broader Connections
- Common-law courts arose from Norman efforts to extend royal authority.
#corroborates(0.85) - Henry II popularized trial by jury to attract cases to royal courts.
#expands(0.80) — Winston Churchill, A History of the English-Speaking…, 343 - Noble history was a weapon against clerks who read the law as royal will
#complicates(0.75) — Michel Foucault, Society Must Be Defended, 3920 - The historical contraction of discretionary prerogative into written law followed princely abuse
#complicates(0.72) — John Locke, Second Treatise of Government, 199 - Magna Carta established the principle of law above the King.
#expands(0.72) — Winston Churchill, A History of the English-Speaking…, 398