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Chapter 4 commences a survey of the Court of Requests’ litigants. Drawing data out of the entire Court archive, it charts the origins of cases and clients in counties across English-governed territories and the status identifiers ascribed to both petitioners and defendants. The demography of this Court is characterised by considerable geographical and social breadth; this was a truly ‘national’ tribunal, accessible to everyone from poor widows and humble craftsmen to civic officials and the landed classes. The chapter puts these findings into dialogue with the scholarship on the relative litigiousness of English regions and on wealth distribution in early modernity. Finally, the chapter tests the claim that Requests was the ‘poor man’s court’, asking whether we can identify truly impoverished individuals among the standard social categorisations appearing in court records. It argues that royal justice could serve litigants of more humble status, though this observation will be qualified in following chapters.
The Introduction sets the scene for a reassessment of the transformative reigns of Henry VII and Henry VIII (1485–1547). It addresses recent treatments of this period as the threshold between the late-medieval and early modern worlds, associated only with the growth of monarchical power. As this book reveals, a formalised system for dispensing royal justice emerged under the first two Tudor monarchs. The engagements between sovereign and subjects it facilitated provide insight into how a vulnerable regime was legitimised. Analysis of this point of contact in the following chapters proceeds through three frameworks. First is the administrative-history approach central to mid-twentieth-century scholarship on this period, which this study revives but also revises. Second is the emphasis on litigation to the Crown as a means of state–society cohesion in histories of the Elizabethan and Stuart ages, projected into earlier decades and given greater practical definition in this book. Third is the overlooked presence of contention within royal justice, given full assessment in the present study and crucial to understanding why this jurisdiction was dissolved in 1641.
Chapter 2 surveys the system of courts that emerged around the early Tudor monarchs. Examining ordinances for the organisation of the royal Council from the late medieval period, it reveals earlier precedents for prioritising justice-giving, particularly to poor suitors, within the central administration. Further procedural models are identified in the established central Court of Chancery, its procedure under English bills and its reference to conscience in decision-making, and in the arbitration of disputes by regional magnates. Turning to royal conciliar justice, the chapter outlines the administrative and judicial capacities of the councils in the North and in the Welsh Marches. Finally, it sets out the development of two offshoots of the royal Council by the very end of the fifteenth century: the council or court in the Star Chamber at Westminster and the Court of Requests within the attendant royal household.
Chapter 6 reconstructs the process of petitioning to the king, once a dispute had set in and the decision to litigate before the highest authorities had been taken. Firstly, the chapter establishes the extent of knowledge and understanding about royal justice among Tudor subjects. Returning to some of the themes set out in Chapter 1, it explores the wider culture of complaint with which all prospective supplicants were familiar, provides evidence for growing awareness of the format required for petitions to the king, and surveys the range of professional legal advice available to produce these documents. The contents of the petitions that litigants and their counsel put together is further explored, with some consideration of the potential for the plaintiff’s ‘voice’ to break through the formula. Finally, the chapter sets out the practical steps required to reach the royal household and to seek out the king himself. Throughout this analysis, bills of costs submitted by Requests’ litigants facilitate further scrutiny of its accessibility, and particularly whether its shift from itinerancy to settlement at Westminster negatively affected its poorest suitors.
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.
Chapter 5 turns from the demography of the Court of Requests to the issues that its plaintiffs presented. It begins with a breakdown of the subject matter of petitions, including violent assaults, debt and goods disputes, and quarrels over the possession of land. Thereafter, the chapter abandons firm legal categorisations used in other single-court studies, observing that supplicants to the king more often framed their cases in terms of emotions, relationships, and social values – of personal status and a wider social order that they perceived to be at risk. Finally, the chapter examines claims made by Requests’ petitioners about their inability to find justice elsewhere, in other parts of the legal system. This serves to trace the various possible steps between the onset of a localised feud and the pursuit of litigation before the king, and therefore to better contextualise the Court of Requests and the conciliar justice network. It also demonstrates how subjects and supplicants perceived this new jurisdiction: not as a forum for trying particular areas of case law but as a mechanism for remedying tangled feuds that could not be so simply defined nor easily remedied elsewhere.
Chapter 8 illuminates the intermediary stages of litigation before the early Tudor kings. It takes up the little-studied perspective of defendants in cases heard by the king’s Court of Requests and examines the potential for even this most authoritative kind of justice to be resisted. The chapter begins by studying the testimonies of messengers, recorded in Requests’ order books, for evidence of accused parties evading or rejecting the initial summons into court. It then reconstructs the process by which defendants made formal answers to petitions, and outlines the arguments they raised in their own defence. In line with debates ongoing contemporarily in Parliament and Council, defendants’ answers often contrasted extraordinary royal justice with the due process enshrined in English law. These lines of contestation were crucial to the increasing definition of royal justice under the early Tudor regimes, this chapter argues.
This Conclusion resituates the book’s reconstruction of the early Tudor Court of Requests within the broader scope of late medieval and early modern history. Royal justice was a constant, and constantly controversial, element of English government across these periods. Social demand for more flexible and authoritative dispute resolution, combined with the political expediency of displaying good governance in turbulent times, led successive regimes to further routinise the existing practices of justice-giving in the royal household. Here the rise of the new royal justice system is taken to its conclusion, with the dissolution of this jurisdiction on the eve of Civil War, in 1641. This episode epitomises the complex relationship between principles and practices that has been charted across this book. Returning to the three themes raised in the Introduction, the book concludes with some reflections on the value of interweaving political, social, and legal histories together: for strengthening both institutional and socio-legal studies, and for qualifying existing narratives about litigation as a pillar of state-formation.
Chapter 7 turns to the recipients of petitions for royal justice and their initiation of litigation. The chapter begins by weighing up the evidence for direct royal involvement in these judicial processes, with particular attention paid to a set of documents signed by Henry VII and Henry VIII personally. Otherwise, based on a survey of the signatures and annotations scattered across the Court of Requests’ early Tudor archive, this chapter identifies the men who delivered justice in this tribunal day to day. Mapping onto the evolutionary trajectory set out in Chapter 3, the overall impression is of transition from a diverse and changeable group of bill handlers within the royal household under Henry VII, followed by a spell in which the household clergy oversaw all business in Requests, and culminating in a smaller quorum of legally trained judges and Masters of Requests by the end of the period. The chapter then spells out the procedures followed once a petition was in the hands of this frontline personnel, and the measures they took to preserve the traditional prioritisation of the poor litigant.