Local authority and jurisdiction

Abstract

Abstract This chapter concerns the review of local authority and jurisdiction during a period when local government was largely managed by courts. The first series of texts indicates the scope of franchisal jurisdiction and how it was controlled by quo warranto. The next series relates to cities and boroughs. Their powers of imprisonment were challenged in the sixteenth century by habeas corpus, sometimes relying on Magna Carta. Shortly after 1600 mandamus was developed as a ‘writ of restitution’ for deprived aldermen and officials, and during the century it enjoyed increasing popularity for various purposes, some of them unconnected with municipal government. County administration was in the hands of the justices of the peace, and during the seventeenth century their orders came to be reviewable by certiorari. Commissioners of sewers also had wide powers affecting landowners, including powers of taxation and the making of bye-laws. From the 1640s their orders likewise became subject to certiorari. The chapter ends with three university cases. One laid down the principle that a private jurisdiction is bound to apply the common law and not Roman law. The others confirmed two basic principles of natural justice: that a judge should not act in his own cause, and that a party was entitled to an opportunity to be heard.