Legal History

Central Courts in Early Modern Europe and the Americas

Edited by A.M. Godfrey · C.H. van Rhee
Duncker & Humblot GmbH November 2020

Specifications

ISBN-13
9783428180332
Publisher
Duncker & Humblot GmbH
Publication
November 2020
Format
Paperback
Jurisdiction
Germany ? Countri(es) for reference only

Details

The intimate connection between medieval royal government and the administration of justice led to a new generation of centralized law courts emerging in early modern Europe. Some were newly created institutions, but often they were associated with the evolution of the judicial role of royal councils, or equivalent bodies, which sat outside the ordinary course of justice. Typically these were empowered on behalf of the sovereign to make interventions in legal process on grounds of equity. Legal change of this kind was connected with the development of the state, and reflected the way that enhancement in the exercise of centralized judicial authority could be a powerful force reshaping the administration of justice more generally.

The contributions to this book seek to examine how such newly created or reformed central judicial bodies (in Europe but also to some extent in European colonial settlement in the Americas) became integrated into the wider structures of jurisdiction within states, with a superior or even supreme jurisdiction. A particular emphasis is given to exploring how their jurisdiction and authority related to other more political institutions of central governance with an adjudicative role, such as parliaments or privy councils.

Comparative Studies in Continental and Anglo-American Legal History Volume 34

Table of Contents

Introduction
The Sacra Romana Rota
The English Court of Chancery
An "ordinary court of justice"? The appellate jurisdiction of the House of Lords, 1689–1760
The College of Justice, Court of Session and Privy Council in sixteenth century Scotland, 1532–1603
Adjudication in the Scottish Parliament, 1532–1707
The highest courts of the Holy Roman Empire: Imperial Chamber Court and Imperial Aulic Council
The King in Council and the Supreme Court in Denmark, 1537–1660
The Appeals Court of Dorpat in the seventeenth century: Establishing Swedish judiciary overseas
The supreme judicature in the Habsburg Netherlands
Supreme judicature in Holland, Zeeland and West-Friesland after the Dutch Revolt, 1582–1795
The Sacro Regio Consiglio of Naples, 15th–17th century
The history of the supreme courts in the Iberian peninsula from the 14th century to the 18th century
The Royal and Supreme Council of the Indies: the Supreme Court of New Spain
The Sovereign Council of New France, 1663–1760
The General Court of Virginia, 1619–1776;
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