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Chapter 9 - ‘A Final Peax’: Passing Judgment

from Part III - Delivering and Contesting Justice

Published online by Cambridge University Press:  02 November 2023

Laura Flannigan
Affiliation:
University of Oxford
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Summary

Chapter 9 finally turns to the results of litigation in the courts of royal justice. Analysing the well-preserved books of orders and decrees made by the Court of Requests, this chapter asks how far this tribunal’s determinations met the expectations of petitioners, acknowledged the arguments of defendants, and subscribed to existing legal norms. It first surveys the changing circles of men who passed judgment in Requests, and considers the extent of their legal and judicial expertise. It then sets out the general formula of decrees recorded in this period, and what they can reveal about the processes of decision-making in this Court, the evidence it examined, and the awards within its gift. Finally, the chapter turns to the longer-term significance of rulings made within this burgeoning jurisdiction: assessing the signs of increasing caution about the scope of Requests’ powers, on the one hand, and the future utility of written royal decrees once they were in the hands of winning parties, on the other. In all, this chapter demonstrates that making the extraordinary powers of the Crown more ordinary meant balancing litigants’ demands with practical limitations.

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Publisher: Cambridge University Press
Print publication year: 2023

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