On The Rise Of The Court Of Exchequer Chamber In The 16^th Century England

The Court of Exchequer Chamber rising in the 16^th century,which originated from the Court of Exchequer Chamber established in the 14th century,was the forerunner of the Court of Appeal.The Court of Exchequer Chamber established in the 14th century stemmed from the Court of Exchequer Chamber in the 13th century.In the Court of Exchequer Chamber of 13th century,the elites of law discussed those difficult cases together,and give some suggestions to the court of first instance.In the 14th century,the Parliament promulgated a degree,ordained that the Court of Exchequer had to deliver the misjudged cases to the Court of Exchequer Chamber of 14th century,because there was a surge of misjudged cases in the Court of Exchequer.After that,the Court of Exchequer Chamber of 14th century established and developed.In the 16^th century,the Parliament promulgated a degree,ordained that the Court of King's Bench had to deliver part of it's misjudged cases to the Court of Exchequer Chamber of 14th century,then the Court of Exchequer Chamber of 14th century transformed to a permanent court of appeal,this degree marked the rising of the Court of Exchequer Chamber.So far,although some of the scholars at home and abroad have had referred to the rising of the Court of Exchequer Chamber in 16^th century,there are no systematic research results.By means of analyzing and interpreting the relating statutes,this paper attempts to discuss the historical rising background of the Court of Exchequer Chamber of 16^th century,the related promulgating process and the achievements of the Court of Exchequer Chamber.This can help people understand the centralization progress of appeal jurisdictions in the British common law,and figure out the origin of modern British Court of Appeal.This paper consists of introduction,main part and conclusion.Among them,the introduction clarifies basis of the topic selection,illustrates definitions of the keywords and core terms in this paper,combs research status at home and abroad,introduces the key original documents and expounds basic theories as well as methods in this paper.The main part of this paper includes three chapters.Chapter I mainly discussed the rising historical background of the Court of Exchequer Chamber.In the 14th century,the Parliament promulgated a degree,ordained that the Court of Exchequer had to deliver the misjudged cases to the Court of Exchequer Chamber of 14th century,because there was a surge of misjudged cases in the Court of Exchequer.The establishment and development of the Court of Exchequer Chamber in 14th century laid the foundation for the rising of the Court of Exchequer Chamber.Chapter ?expounded the institutionalization process of the Court of Exchequer Chamber.During 16^th century,after gave a specification to the suits by Writ of Error,the Parliament promulgated a degree,ordained that the Court of King's Bench had to deliver part of it's misjudged cases to the Court of Exchequer Chamber of 14th century.The promulgating of this degree marked the rising of the Court of Exchequer Chamber.After that,the Parliament promulgated a series of decrees to standard the procedures of the Court of Exchequer Chamber,these decrees promoted the related institutions in Court of Exchequer Chamber to a further development.Chapter ?focused on the achievement of the Court of Exchequer Chamber.There are two main achievements of the Court of Exchequer Chamber:the professionalized of the judges,and the increase of the judicial businesses.Compare with the Court of Exchequer Chamber of 14th century,the judges in the Court of Exchequer Chamber not only were sergeants at law,but also had a more fixed composition.Besides,since the Court of Exchequer Chamber had rights to trial misjudged cases from Court of Exchequer and from Court of King' s Bench,the case types in the Court of Exchequer Chamber were more diversified.And,the parliament degrees specified the procedures,made the procedures in Court of Exchequer Chamber more precise.The last part combed and summarized the rising process of the Court of Exchequer Chamber,illustrated the historical effect of Court of Exchequer Chamber,and tried to make further efforts to pond over some related questions.