| Cues (Key Ideas / Questions) | Notes (Detailed Summary) |
| Origins & Evolution | The system evolved over 1,000+ years; known for independence and fairness. Initially governed by lords (local) and the King (royal). |
| Trial by Ordeal | Used until 1216. Painful methods to determine guilt (e.g., hot iron, boiling water). Church condemned the practice. William II banned it. |
| Trial by Combat | Used for criminal & civil cases. Declined over time; banned in 1818. |
| First Judges | 12th-century royal advisers; became ‘justices in Eyre’ with judicial/admin powers. Unpopular instruments of royal authority. |
| Henry II Reforms | Introduced juries (12 knights); only 18 judges in his reign. Assize of Clarendon (1166) created judicial circuits → basis for common law. |
| King’s Bench Origins | 1178: 5 chosen to hear complaints → Court of Common Pleas. Led to creation of King’s Bench and later Court of Exchequer (financial). |
| Professional Judiciary | Early judges were clergy; later included knights and serjeants-at-law (legal professionals). Eventually, barristers and solicitors. |
| Judicial Corruption & Salaries | Bribery common. 1346 oath against corruption. Salaries increased. Thorpe (Chief Justice) sentenced for bribery (later pardoned). |
| Magistrates’ Courts | Origin in 1285 under Edward I: “good and lawful men” kept peace. Handle ~95% of criminal cases today. |
| Judges & Politics | 14th-century judges still involved politically. Richard II case (1387) led to executions/exile → judiciary withdrew from politics. |
| Tudor Period Onward | Judges stayed out of Privy Council from 1540. Reformation increased state’s control over law. Judges interpreted, not made law. |
| 17th Century Judicial Risk | Charles I agreed to “good behaviour” appointments. But Charles II & James II removed many judges → instability and lack of independence. |
| Act of Settlement 1701 | Guaranteed judicial security: salaries from public funds; removal only “by law” → foundation of judicial independence. |
| Court of Chancery | Alternative to common law; focused on equity. Became slow, costly, and unpredictable. Rivalled common law until 19th century. |
| 19th Century Reforms | 1830: Welsh courts integrated. 1846: County Courts Act. 1856: judges allowed to try cases outside jurisdiction. |
| Judicature Act 1873 | Merged common law and equity. Created High Court & Court of Appeal. Criminal appeals: Court of Criminal Appeal (1907–1966). |
| Creation of Crown Court | 1956 in 2 cities. 1971 Courts Act unified assize & quarter sessions into single Crown Court system. |
| Final Separation (2005–06) | Constitutional Reform Act 2005 removed Lord Chancellor from judiciary. Lord Chief Justice became Head. Ministers must uphold independence. |
Kayo's Thoughts
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Kayo
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Development of the English and Welsh Judiciary
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