Prerogative court


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PREROGATIVE COURT, eccl. law. The name of a court in England in which all testaments are proved and administrations granted, when the deceased has left bona notabilia in the province in some other diocese than that in which he died. 4 Inst. 335.
     2. The testamentary courts of the two archbishops, in their respective provinces, are styled prerogative courts, from the prerogative of each archbishop to grant probates and administrations, where there are bona, notabilia; but still these are only inferior and subordinate jurisdictions; and the style of these courts has no connexion with the royal prerogative. Derivatively, these courts are the king's ecclesiastical courts; but immediately, they are only the courts of the ecclesiastical ordinary. The ordinary, and not the crown, appoints the judges of these courts; they are subject to the control of the king's courts of chancery and common law, in case they exceed their jurisdiction; and they are subject in some instances to the command of these courts, if they decline to exercise their jurisdiction, when by law they ought to exercise it. Per Sir John Nicholl, In the Goods of George III.; 1 Addams, R. 265; S. C. 2 Eng. Eccl. R. 112.

References in periodicals archive ?
First, since the statute attempted to curb acts "in prejudice and disherison of our lord the King," this could not apply to Chancery, since the king cannot he disinherited of jurisdiction by his own prerogative court.
Like Chancery, it was a prerogative court separate from the common law.
The final chapter, "Theatre of the Courtroom," is perhaps the books most compelling, surveying the structure of Stuart common law and prerogative courts and highlighting the shared roots in persuasive oratory of both legal proceedings and the stage.
When kings exercised prerogative power, though, they expected deference from judges, both to their own decrees and to the holdings and interpretations of their extra-legal prerogative courts.
Parliament had the power to make laws; the law courts had the power to adjudicate; and the king had the power to exercise force--but, when kings acted through prerogative power, they or their prerogative courts exercised all government powers, overriding these divisions.
It was consolidated in the sense that it united all government powers--legislative, executive, and judicial--in the king or in his prerogative courts.
Ample resources of Roman jurisprudence were available in the thriving and influential community of civilian lawyers of "Doctors' Commons" who practiced in the many English prerogative courts.